Travel Projekt Ltd, established and existing in accordance with the law of Poland, represented by Stephan Montenarh, hereinafter referred to as “Executor” on the one hand and the client, hereinafter referred to as “Client” on the other side, hereinafter jointly referred to as “Parties” and separately referred to as “Party”, have concluded the present service agreement as follows:
1.1. By the present agreement the Executor commits to service tourist groups and individual tourists with accordance to Client’s orders, and the Client commits to accept and pay for services provided by the Executor.
1.2. Services, specified in Paragraph 1.1 of the present agreement, are understood to be, inclusive but not restricted to, VIP service at the airport, organization of transportation services, reservation of accommodation, leasing of conference halls and equipment, organization of catering, entertainment programs and excursions.
1.3. The present agreement establishes general conditions for the relationship between Parties, their duties and rights, responsibilities and payment orders.
1.5. Orts- und Hotelprospekte sind nicht verbindlich, soweit sie nicht durch ausdrückliche Vereinbarung mit dem Auftraggeber zum Gegenstand der Reiseausschreibung oder zum Inhalt der Leistungspflicht gemacht wurden.
2.1. General conditions
2.1.1. The Client is to send an order to the Executor, and all changes and additional to the order in written form only. All orders, changes and additions to orders, made verbally, are to be considered invalid and not to be executed.
2.1.2. In case the Client introduces changes or additions to an order already confirmed by the Executor, the Executor holds the right to deny the Client changes and additions.
2.2. Organisation of reception and individual clients
2.2.1. An order for servicing individual clients must contain the following information: country and city of arrival, full name and nationality of tourists, period of stay, name of the hotel/budget, type and number of rooms, need in additional catering, VIP services at the airport, purchasing rail tickets, visa, excursions, transport services, tourists’ special preferences (for example, early check-in, late check-out, non-smoking rooms, window view etc.).
2.3. Organisation of reception of tourist groups
2.3.1. An order for servicing tourist groups must contain the information, specified in Paragraph 2.2.1. of the present contract for the servicing of individual tourists, taking into account all peculiarities, agreed in the current section.
2.3.2. No later than 21 days before the arrival of the tourist group, the Client is to send all the information regarding the time of arrival/departure, accommodation, necessary catering to the Executor and is to provide the Executor with the full list of group no later than 14 days prior arrival.
2.3.3. If the number of members in the groups is changed or the arriving group has fewer members then minimally required to provide services at group rates, then the reception of such group will be performed at individual tariffs without the additional agreement with the Client. In this case the Executor is recalculating the full cost of services and provides the Client with an additional invoice.
2.3.4. The accommodation for tourists arriving before or staying after the arrival/departure date will be charged at individual rates.
3.1. The cancellation of an order or its part is made by the Client in accordance with the rules specified in Paragraph 2.1.1. – 2.3.1 of the present agreement, taking into the account peculiarities, agreed in the current section.
3.2. The cancellation of the order or some services for individual tourists must be made in accordance with times and conditions, agreed by Parties in writing or in the additional agreement (if such agreement is made).
3.3. Only a cancellation, about which the Executor was informed by the Client in writing with the compulsory confirmation of the cancellation from the Executor, can be considered valid. A cancellation can be made during a working day from Monday to Friday from 10.00 till 16:00 CET, apart from official holidays in Poland.
3.4. If the Client places an order on the waiting list, the Client has to inform the Executor of all the changes made to this order, including the cancellation. If the Executor is able to provide places and has received no request for cancellation from the Client declines places provided, the Client has to repay the Executor for the cancellation of booking in accordance with the conditions in the offer and confirmation, confirmed by the parties.
4.1. The Executor takes on the responsibility:
4.1.1. based on written Client’s orders to provide quality and timely services for tourist groups and individual tourists on its own behalf and with the involvement of third parties,
4.1.2. to let Client know in time about the circumstances that prevent or will prevent the Executor from executing responsibilities stated in the present agreement,
4.1.3. to present the Client with the information regarding active visa, immigration and other rules of stay to be presented to the tourist,
4.1.4. to prepare Acts of Services Provided for each order in accordance with the legislation of the Republic of Poland and forward them to the Client.
4.2. The Client takes on the responsibility:
4.2.1. to timely submit orders to the Executor, stating all information required to properly execute responsibilities undertaken by the Executor, and approve conditions and sign additional agreements to the present contract and their appendices (if such are concluded),
4.2.2. to inspect objects (inclusive but not restricted to hotels, restaurants) prior to their reservation by the Executor by sending Client’s representatives to the place of tourists’ residence . In case the Client is not able to inspect objects personally, to research objects via Internet or using other available methods and sources of Client’s choice, and approve them in a written form. If the Client is dissatisfied with the quality of the approved site the Executor cannot be held responsible,
4.2.3. to approve and sign Acts of Services Provided prepared by the Executor within 3 calendar days since getting them. In case of disagreement with quality of services provided such complains should be forwarded by Client to the Executor within 10 calendar days after services are provided. In case Acts of Services Provided are not signed and complaints are not forwarded to the Executor within the periods specified in the present paragraph, services provided are to be considered accepted by the Client in full and to be of the appropriate quality, and Acts of Services Provided are considered to be signed, after that possible Client’s complaints are not be considered,
4.2.4. to provide timely payments for services provided by the Executor in accordance with dates stated on the invoice or the payments schedule, agreed by parties in additional agreements to the present contract (if such are concluded),
4.2.5. to provide tourists with the information regarding active visa, immigration and other rules of stay and bear the responsibility for their untimely execution and their breach by a tourist, inclusive but not limited to the following:
22.214.171.124. to inform that tourist must have a migration card (if necessary, dependent on the travel destination) when checking into the hotel. In case a tourist does not have a migration card the tourist cane be refused in accommodation, and all the expenses occurred in such situation are the responsibility of the Client,
126.96.36.199. to inform the tourist about the compulsory registration (only in the Russian Federation!) within 3 days of the crossing of the Russian border,
188.8.131.52. to inform the tourist of the necessity to leave the borders of the travel destination 24 hours prior the visa expiration date (if visa was required). The Client is responsible to assist and bear the expenses of sending the tourist out of the travel destination, if visa was required and in case of his untimely departure or the occurrence of the insurance case,
184.108.40.206. to inform that tourist must have medical insurance that is valid on the territory of the travel destination for the duration of stay, if the tourist has not a nationality of an European Union member state.
4.2.6. not to establish direct relationship with providers of services offered by the Executor.
5.1. All services are provided to the Client on the credit basis and to be paid according to the offer and to the confirmation and to the invoice issued by the Executor within 7 days after receiving.
5.2. The payment is made to the Executor’s currency account in Euro. The payee is responsible for bank’s costs occurred. The date that the payment reaches the Executor’s bank account is considered the payment date.
5.3. Currency of the Contract is EURO.
5.4. The Client is to inform the Executor of the payment made to the Executor by forwarding the copy of the payment receipt via electronic mail or via fax.
5.5. In case the invoiced payment does not reach Executor’s bank account in time agreed by parties, the Executor has the right to charge, and the Client has an obligation to pay a penalty of 0,05% of the amount due, but not paid in time, for each day of payment’s delay, or to annul previously confirmed service reservation with the Client responsible for covering all the expenses occurred.
5.6. In case additional services are ordered during the course of servicing tourist(s), the Client takes on the responsibility to cover additional expanses at the place of occurrence in cash, or with the credit card at the time of ordering these services.
6.1. In case the Executor cannot provide previously agreed service, the Executor, having notified the Client in writing, can offer an alternative option, and in case of not having an alternative is obliged to refund the Client for the service that was paid for but not provided.
6.2. The refund for services that were not provided is not given if the tourist has not used services out of his/her own will.
6.3. In case Client’s tourist willingly declines or does not use services provided by the Executor due to the breach of law of the travel destination by the tourist, all additional settlements with the Executor are made by the Client.
6.4. In case an order is annulled in full or partially, the Client is obliged to compensate the Executor for all expenses incurred by the Executor during the servicing of the order prior to order’s annulment, and to pay other penalty charges agreed by parties.
6.5. If the Client breaches paragraph 4.2.6 of the present agreement, the Executor has the right to claim and the Client has an obligation to pay the penalty of 10% of the total amount of the confirmed order, servicing of which consequently was forwarded by the Client directly to the provider of services offered by the Executor.
6.6. In all cases, not covered by the present agreement, both parties bear the responsibility in accordance with the active legislation of the travel destination.
6.7. In case arguments and disagreements about the present agreement cannot be solved via negotiations between parties, the matter is forwarded to the Arbitrary Court of Warsaw in accordance with the active legislation of Poland. The legal proceedings are held in Polish language.
7.1. Any of the parties is freed of its responsibilities for partial or full non-execution of obligations, stated in the present agreement, if such non-execution occurred due to the force majeure circumstances and actions of uncontrollable forces. Such events are considered to be, inclusive but not restricted to, external economic, currency, customs, border, tax and other changes and restrictions made by the government; any legislative acts, resolutions and other written directive, passed by any legislative body, restricting the execution of the present agreement, that has higher power over actions of parties of the present agreement, that can be brought to parties attention both in the form of legislative act and via other sources. Any disturbance, war and war actions, earthquakes, floods, fires, epidemics, and other catastrophic acts of nature, accidents on air, rail and other transportation sources, strikes in an industry and/or in the region and other circumstances independent of the will of parties of the present agreement but having a direct impact on the execution of the responsibilities of the present contract are also considered to be force majeure circumstances.
7.2. the party that is unable to meet its responsibilities as a result of the force majeure circumstances, is liable within 3 days from the moment it has learnt or supposed to have learnt about such circumstances, to forward written notification to the other party describing the nature of the event occurred and approximate timing that it will last for the initiation of negotiation between the parties.
8.1. Any information regarding the financial, household or other action of one of the parties, provided to this party by the other party or learnt by the other party in connection with the preparation or execution of the present agreement, is considered confidential and is not to be disclosed or passed on to the third party.
8.2. Conditions stated in the present section are valid for three years after the expiration of the present agreement for any grounds, stated in the present agreement or active legislation of Poland.
9.1. Additional agreements, appendices and changes to/of the present agreement are valid only if they are made in written form and signed by representatives of both parties.
10.1. The Executor:
Company name: Travel Projekt Sp. z o. o. (Ltd.)
Legal address: 25a, Mińska Street, PL 03-808 Warsaw, Polska
Post address: 25a, Mińska Street, PL 03-808 Warsaw, Polska
Tel: +48 22 870 76 00
Fax: +48 22 870 76 11
E-Mail: [email protected]
10.2. Bank details
Recipient: Travel Projekt Sp. z o. o.
Vat number: PL 525-21-85-237
Bank name: BZ WBK S.A. 21 O/Warszawa
Account #: PL 51 1090 1883 0000 0001 0613 1716
SWIFT code & IBAN code: WBK P PL PP