JEWISH POLAND BOUTIQUE TRAVEL
GENERAL TERMS AND CONDITIONS
1. SUBJECT MATTER OF THE GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions define the rights and obligations of the Tour Operator and the Guest in connection with the provision of services by the Tour Operator to the Guest.
1.2 These General Terms and Conditions shall apply to a tourist service or package travel service offered and provided by the Tour Operator to the Guest.
1.3 These General Terms and Conditions constitute an integral part of the Agreement, the subject of which is the provision of the services.
1.4 The Agreement between the Guest and the Tour Operator is concluded and implemented under the conditions specified in these General Terms and Conditions. Acceptance of these General Terms and Conditions is a prerequisite for the conclusion and performance of the Agreement. Making a payment for the services, even in part, confirms that the Guest has read and accepted these General Terms and Conditions.
1.5 These General Terms and Conditions are available on the Tour Operator’s website at https://jewishpolandboutiquetravel.com.
2. DEFINITIONS
2.1 The following terms are defined in these General Terms and Conditions:
Tour Operator – F.H.U. Fornit 2 Mariusz Czułno (trading as “Jewish Poland Boutique Travel”) with its registered office in Poland, located at ul. Morelowa 6, 35-232 Rzeszów, NIP (Taxpayer Identification Number): 8131566812, REGON: 180184641, registered in the Central Register of Tourism Tour Operators and Entrepreneurs Facilitating the Purchase of Related Tourist Services by the Marshal of the Podkarpackie Voivodeship under evidence number 42062.
Tour Leader – a person chosen by the Tour Operator who oversees services on behalf of the Tour Operator, including but not limited to a tour guide or a driver indicated by the Tour Operator.
Guest – any person who discusses services offered by the Tour Operator via the Tour Operator’s e-mail address, its contact forms, or other agreed means of communication, concludes the Agreement issued by the Tour Operator from the Tour Operator’s e-mail address, and/or takes part in services provided by the Tour Operator. Only a natural person with full legal capacity may be a Guest.
Policy – these General Terms and Conditions defining the rights and obligations of the Tour Operator and the Guest within the meanings of the Act of 29 August 1997 on Tourist Services (amended in 2017 ) and the Act of 24 November 2017 on Package Travel and Linked Travel Arrangements .
Agreement – a contract the subject of which is the provision of the services offered by the Tour Operator and chosen by the Guest. The Agreement is issued by the Tour Operator in accordance with the premises of these General Terms and Conditions. The Agreement is concluded after the Guest chooses specific services offered by the Tour Operator and pays the full price or part of the full price, unless the Parties agree otherwise.
Service – a tourist service or package travel service provided by the Tour Operator to the Guest on the basis of the Agreement concluded under the terms specified in these General Terms and Conditions. The term "Service," when capitalized, refers to the entire trip as organized by the Tour Operator. This may include, but is not limited to, individual accommodation services, tour guidance services, transport services, and other services provided for tourists or visitors.
Website – the official website of the Tour Operator, available at https://jewishpolandboutiquetravel.com, which displays a catalogue of services offered by the Tour Operator.
E-mail Address – the e-mail address contact@boutiquetravelhub.com, through which contact with the Tour Operator is possible, agreements between the Guest and the Tour Operator are reached, and the Agreement is issued.
3. AGREEMENT CONCLUSION
3.1 The Agreement shall be issued by the Tour Operator and sent to the Guest via e-mail from the Tour Operator’s e-mail Address contact@boutiquetravelhub.com.
3.2 The condition for the conclusion of the Agreement is the correct submission of payment for the full price or part of the full price for the Service by the Guest or on behalf of the Guest. A correctly submitted payment requires the Guest, or a third person making the payment on behalf of the Guest, to pay the price for the Service as indicated in the Agreement and within the time period specified in the Agreement, and to provide the Guest’s personal information, including given name, family name, billing address, and e-mail address.
3.3 The condition for the realization of the Service is the correct submission of payment for the full price for the Service by the Guest or on behalf of the Guest within the time period specified in the Agreement.
3.4 The type and scope of tourist services or package travel services (part of the Service) specified in the Agreement are determined on the basis of the information posted on the Tour Operator’s Website, and through discussion and agreement between the Guest and the Tour Operator before making the payment.
3.5 If the Parties have agreed to fulfill the Guest’s special requirements or needs, the scope of these requirements or needs shall be indicated in the Agreement.
3.6 The Guest is obliged to immediately check whether all information provided in the Agreement is correct.
3.7 Before concluding the Agreement (confirming the payment of the full price or part of the full price for the Service), the Tour Operator reserves the right to change the type and scope of tourist services or package travel services offered, about which the Tour Operator will inform the Guest by e-mail.
4. PAYMENTS
4.1 The Guest and the Tour Operator agree that the Guest will make payment for the Service to the Tour Operator in one or two installments.
4.2 If the Parties agree on one installment, this installment equals 100% of the full price of the Service and should be paid by the Guest no later than 45 (forty-five) days before the commencement date of the Service, unless the Parties agree otherwise in the Agreement.
4.3 If the Parties agree on two installments, the first installment equals 35% to 50% of the full price of the Service and should be paid by the Guest no later than 45 (forty-five) days before the commencement date of the Service, unless the Parties agree otherwise in the Agreement. The second installment, covering the remaining 50% to 65% of the full price of the Service, should be paid by the Guest no later than 30 (thirty) days before the commencement date of the Service, unless the Parties agree otherwise in the Agreement.
4.4 The payment(s) can be made through the Tour Operator’s Website or an internationally recognized payment gateway such as Stripe. In the latter case, a payment link shall be generated by the Tour Operator and sent to the Guest through the payment gateway.
4.5 The price(s) for the Service are expressed in the currency agreed upon by e-mail between the Guest and the Tour Operator.
4.6 Payments processed in a currency other than the Guest’s domestic currency may incur a currency conversion rate for the Guest. International payments may also incur transfer fees for the Guest. The Guest is responsible for referring to their financial institution for applicable fees.
5. CHANGES AFTER THE AGREEMENT CONCLUSION
5.1 All prices for the Service are binding, and the Guest has no right to demand a reduction in costs if, before or after the purchase, the price of a chosen or similar Service has been reduced due to any promotional campaigns conducted by the Tour Operator or any other reason.
5.2 The contractual price for the Service may be increased by the Tour Operator exclusively in the following cases: (a) significant changes in the price of transportation of the Guest resulting from the cost of fuel or other power sources, (b) changes in the amount of taxes or fees on the services included in the Agreement imposed by entities not directly involved in the services’ performance, or (c) significant changes in exchange rates relevant to the Agreement. In such a situation, the Tour Operator must notify the Guest by e-mail of the price change and justify the increase, indicating the method of calculation, no later than 20 (twenty) days before the Service's commencement date.
5.3 The Guest shall have the right to a reduction of the contractual price corresponding to a reduction in costs referred to in point 5.2 that occurs after the conclusion of the Agreement and before the commencement of the Service.
5.4 If the Tour Operator is compelled to significantly alter the Agreement after the Agreement conclusion and before the Service’s realization — such as due to cancellation of: (a) contracted transportation services, or (b) accommodation services — where the Tour Operator cannot offer a substitute service of the same or higher quality, it must promptly inform the Guest by e-mail about the scope of the changes. This communication should detail the changes and their potential impact on the realization of the Service.
5.5 Upon receiving the information specified in point 5.4, the Guest must promptly, but no later than within the next seven days and not later than 24 (twenty-four) hours before the Service’s commencement, notify the Tour Operator by e-mail whether they: (a) accept the changes, or (b) withdraw from the Agreement with a refund of all payments made, without an obligation to pay a withdrawal fee and without claiming compensation. Failure to respond within the specified time frame is considered acceptance of the changes. Accepting the proposed changes results in the Guest forfeiting the right to claim compensation for accepting the changes.
5.6 The price for any substitute service offered by the Tour Operator, as referenced in point 5.4, cannot exceed the price agreed upon with the Guest in the original Agreement. If the substitute service results in a reduction in quality or cost of the Service, the Guest is entitled to an appropriate price reduction.
5.7 The Guest is not permitted to unilaterally change the Agreement once the Agreement is concluded, subject to exceptions arising from applicable provisions of Polish law.
5.8 The Guest has the right to transfer all rights under the Agreement to a person eligible to participate in the Service, provided that the new participant assumes all obligations resulting from the Agreement. The Guest must inform the Tour Operator effectively about the change of participant no later than seven calendar days before the Service's commencement date.
5.9 As a general rule, the transfer of rights and assumption of obligations under point 5.8 is free of charge. If the transfer involves additional costs independent of the Tour Operator, these costs are jointly and severally borne by the Guest transferring the rights and the Guest acquiring them.
5.10 The terms of the Agreement may be changed by the Tour Operator before the Service's realization if the change is insignificant and does not involve a reduction in the Service's quality.
6. WITHDRAWAL FROM THE AGREEMENT
6.1 The Guest has the right to withdraw from the Agreement at any time before commencement of the Service, subject to withdrawal fees specified in points 6.2 to 6.5. Withdrawal from the Agreement requires the Guest to inform the Tour Operator by email at the Tour Operator’s address contact@boutiquetravelhub.com.
6.2 If the Guest withdraws from the Agreement after concluding the Agreement and more than 45 (forty-five) days before the start date of the Service, they are required to pay a withdrawal fee to compensate the actual costs incurred by the Tour Operator in connection with the preparations already made for organizing the Service. This fee shall be deducted by the Tour Operator from the Guest’s payment for the Service.
6.3 If the Guest withdraws from the Agreement between 45 (forty-five) and 31 (thirty-one) days before the start date of the Service, they are required to pay a withdrawal fee of not less than 35% of the full contractual price for the Service, unless otherwise agreed upon in the Agreement. The withdrawal fee shall be deducted by the Tour Operator from the Guest’s payment for the Service.
6.4 If the Guest withdraws from the Agreement between 30 (thirty) and 15 (fifteen) days before the start date of the Service, they are required to pay a withdrawal fee of 70% of the full contractual price for the Service, unless otherwise agreed upon in the Agreement. The withdrawal fee shall be deducted by the Tour Operator from the Guest’s payment(s) for the Service.
6.5 If the Guest withdraws from the Agreement less than 15 (fifteen) days before the start date of the Service or during the Service, they are required to pay a withdrawal fee of 100% of the full contractual price for the Service. The withdrawal fee shall be deducted by the Tour Operator from the Guest’s payment(s) for the Service.
6.6 The Guest shall have the right to withdraw from the Agreement before the start date of the Service without paying any withdrawal fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity, significantly affecting the performance of the Service or the Guest's transport to the destination. The Guest may request a refund of the payment made for the Service, without compensation or indemnity in this regard.
6.7 The Tour Operator has the right to terminate the Agreement if the full price for the Service is not paid within the specified time period as stated in the Agreement. In such a situation, the Guest are required to pay a withdrawal fee of not less than 35% of the full contractual price for the Service, and not less than the actual costs incurred by the Tour Operator in connection with the preparations already made for organizing the Service, unless otherwise agreed upon in the Agreement. The withdrawal fee shall be deducted by the Tour Operator from the Guest’s payment for the Service.
6.8 The Tour Operator has the right to terminate the Agreement by notifying the Guest via email before the commencement of the Service if the Tour Operator is unable to perform the Agreement due to unavoidable and extraordinary circumstances or for any other reason beyond its control. In such a situation, the Tour Operator shall fully refund the Guest’s payment within 14 (fourteen) days from the date of termination of the Agreement, without compensation or indemnity in this regard, unless otherwise agreed upon in the Agreement.
6.9 The Tour Operator reserves the right to immediately terminate the Agreement if the Guest: (a) is under the significant influence of alcohol or the influence of drugs, (b) engages in illegal behavior (local laws apply), (c) behaves or speaks in a manner that violates others; (d) incites hatred of any kind, including hate speech, (e) defames places of worship or sites of national memory, or (f) engages in offensive, provocative, or political manifestations. In such cases, the Guest may not be entitled to a refund for any unused services and shall not have any claims against the Tour Operator in this regard.
7. PERFORMANCE OF THE AGREEMENT
7.1 The Guest is obligated to have proof of identity matching the details provided in the Agreement, which must be a valid passport or ID card (for European Union citizens) and a valid passport (for non-EU citizens). If the Guest does not have the required proof of identity, they may be denied participation in the Service and may not be entitled to a refund of their payment.
7.2 The Guest should maintain regular contact with the Tour Operator and, in particular, with the Tour Leaders (such as driver or guides) throughout the duration of the Service. This is especially important if the Guest is scheduled to be picked up from a designated location at an agreed-upon time.
7.3 The Guest shall receive contact details of the Tour Leaders involved, such as their email addresses or telephone numbers, from the Tour Operator.
7.4 The Tour Operator or Tour Leaders have the right to deny entry or further participation in the Service or individual services to Guest who: (a) is under the influence of alcohol or drugs, (b) engages in illegal behavior (local laws apply), (c) behaves or speaks in a manner that violates others; (d) incites hatred of any kind, including hate speech, (e) defames places of worship or sites of national memory, or (f) engages in offensive, provocative, or political manifestations. In such cases, the Guest may not be entitled to a refund for any unused services and shall not have any claims against the Tour Operator in this regard.
7.5 Conversations with drivers while driving are prohibited due to safety reasons.
7.6 The Guest should not bring oversized luggage (exceeding airline standard allowances) unless agreed upon with the Tour Operator regarding its dimensions and weight at least 30 (thirty) days before the start of the Service.
7.7 During the Service, Guests who are part of a larger group must keep pace with the group, follow guidelines from the Tour Leader, and adhere to scheduled meeting times.
7.8 The Tour Operator does not provide special care for minors. They may participate only under the supervision of authorized parents or guardians.
8. LIABILITY
8.1 The Tour Operator is responsible for the proper execution of all services covered by the Agreement. If a service is not performed as agreed upon in the Agreement and no substitute service of the same or higher quality is provided, Articles 48 and 50 of the Act of 24 November 2017 on package travel and linked travel arrangements shall apply.
8.2 The liability of the Tour Operator for non-performance or improper performance of services covered by the Agreement shall not exceed twice the price of the Service.
8.3 The liability of the Tour Operator is excluded, and the Guest is not entitled to compensation for non-performance or improper performance of a service if: (a) the fault lies with the Guest or a third party not involved in the service's provision; (b) the non-performance or improper performance could not have been foreseen or avoided; (c) it was caused by unavoidable and extraordinary circumstances; or (d) due to any other reason beyond the Tour Operator’s control.
8.4 The Tour Operator shall provide appropriate assistance to a Guest in difficulty during the Service. This assistance may include providing information on health services, local authorities, consular assistance, and assistance in using distance communication means, including electronic communication, and using alternative services.
8.5 If the difficult situation arises solely due to the Guest's intentional fault or gross negligence, the Tour Operator may charge a fee for providing assistance, not exceeding the actual costs incurred.
8.6 The exclusion of liability for non-performance or improper performance of the Agreement as defined in point 8.3 does not exempt the Tour Operator from the obligation to provide assistance to the affected Guest during the Service, as specified in points 8.4 and 8.5.
8.7 The Tour Operator is not liable for personal injury or damage incurred by the Guest before, during, or after the provision of the Service, nor for injury or damage resulting from the Guest’s participation in events organized before, during, or after the provision of the Service that are not organized by the Tour Operator.
8.8 The Guest is financially and legally responsible for any actions that result in damage to the vehicles in which they travel, the accommodations and premises they occupy, including equipment therein, or for causing injury or damage to other individuals and third parties.
9. INSURANCE
9.1 The Guest is covered by mandatory insurance, which includes the return of payments made by the Guest and the costs of returning home in the event of non-performance of contractual obligations by the Tour Operator. This insurance is included in the price of the Service. The Insurance Guarantee provided by the Tour Operator has been issued by Wiener TU S.A. Vienna Insurance Group.
9.2 The Tour Operator strongly recommends that the Guest purchase individual health and accident travel insurance before embarking on the trip. This insurance should cover the Guest’s travel cancellation costs (withdrawal fees specified in points 6.2 to 6.5) and the costs of assistance, including repatriation, in the event of accident, illness, or death of the Guest.
10. COMPLAINTS
10.1 The Guest shall immediately notify the Tour Leader responsible for the specific service covered by the Agreement of any non-performance or improper performance of the service, or file a complaint directly with the Tour Operator.
10.2 Complaints regarding the implementation of the Service should be submitted in writing to the Tour Operator’s Office, or by email to the Tour Operator’s email address: contact@boutiquetravelhub.com. Complaints may be submitted within 30 (thirty) days from the occurrence of the circumstances giving rise to the complaint.
10.3 The complaint should include, in particular, the name of the Guest lodging the complaint, a description of the circumstances of the event, a description of the breaches in the manner of performing the Agreement, along with the date of the event.
10.4 The Tour Operator shall review the complaint within 30 (thirty) days from the date of receipt. In cases where complaints are submitted during the Service provision, the response shall be provided within 30 (thirty) days from the conclusion of the Service.
10.5 Further conditions and detailed procedures for handling complaints are governed by applicable laws and executive provisions.
10.6 The methods for out-of-court resolution of consumer disputes are specified in the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The list of institutions authorized to handle cases related to tourist services is available on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
11. MISCELLANEOUS
11.1 All arrangements between the Guest and the Tour Operator shall be governed by local law. All legal references mentioned in this Policy are based on Polish legislation.
11.2 The provisions of this Policy do not exclude or limit any consumer rights arising from the provisions of applicable law.
11.3 Any provisions in this Policy or the Agreement between the Guest and the Tour Operator or declarations by the Tour Operator aimed at excluding or limiting liability as specified in the Act of 26 November 2017 on package travel and linked travel arrangements are deemed invalid. The invalidity of any provision of this Policy or the Agreement does not affect the validity of the remaining provisions.
11.4 For current information on sanitary requirements, please refer to the website of the Chief Sanitary Inspectorate in Warsaw: https://www.gov.pl/web/gis/glowny-inspektorat-sanitarny.
This Policy applies to bookings made with the Tour Operator from July 1, 2024.
