The Organizer declares that he possesses the required under the Act financial security for the case of insolvency in the form of an insurance guarantee issued by AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A. with its registered office in 00-867 Warsaw, 51 Chłodna Street, and according to the Act he pays contributions due from contracts to the Touristic Guarantee Fund.
Payment of money from the guarantee takes place:
1) as per covering costs of continuing the Tour, costs of getting back to the country where the Tour started, and returns of all or parts of payments made due to the Tour – insurer AXA Ubezpieczenia Towarzystwo Ubezpieczeń i Reasekuracji S.A., tel. (+48 22) 555-05-42/555-05- 44/555-05-47, fax: 022-555-06-73, e-mail: email@example.com
2) in case of exhausting the above indicated financial security of the Organizer, payments are made by the Touristic Guarantee Fund after receiving from the entity granting financial securities a calculation of amounts outstanding for covering costs and returning payments with respect to each Participant by: Mazowiecki Urząd Marszałkowski (translation: Office of the Marshal of the Mazovian Voivodeship), 03-719 Warsaw, 26 Jagiellońska Street, tel. (+48 22) 59-79-100, e-mail: firstname.lastname@example.org.
Participant has the right to purchase an insurance on his own for covering costs of termination of the Contract for participation in the Tour by the Participant or costs of rendering assistance, including costs of returning home in case of an accident, disease or death. The Organizer may help purchasing such insurance, if the Participant requests so in writing or via e-mail before 30 (thirty) days from the start of the Tour and delivers to the Organizer data necessary to conclude an insurance contract.
XIV. ORGANIZER’S RESPONSIBILITY
The Organizer is responsible for proper performance of all touristic services specified in the Contract. If any of the services is not performed in accordance with the Contract or services constituting a significant part of the Tour are not performed, Article 48 of the Act shall apply. The Participant is obliged to promptly inform the Organizer on confirmed discrepancies, if possible during the course of the Tour, and providing circumstances of a given case.
The responsibility of the Organizer due to non-performance or improper performance of touristic services included in the Tour is specified in Article 50 of the Act.
The Organizer bears compensation liability towards the Participant for mistakes in reservations, unless the liability for the mistake is borne by the Participant or such a mistake occurred due to unavoidable or extraordinary circumstances.
XV. OBLIGATION TO RENDER ASSISTANCE TO A PARTICIPANT
If a Participant finds himself in a difficult situation due to unavoidable and extraordinary circumstances within the meaning of Article 4 Point 15 of the Act, the Organizer shall render to the Participant appropriate assistance under terms specified in Article 52 of the Act. If it is not possible to ensure returning to the country where the Tour started according to the Contract due to unavoidable and extraordinary circumstances, the Organizer bears costs of necessary accommodation for the Participant, if possible of a category equal or similar to specified in the Contract, up to 3 (three) nights.
XVI. INTERNAL PROCEDURE FOR CONSIDERING NOTIFICATIONS, REQUESTS AND COMPLAINTS OF PARTICIPANTS CONNECTED WITH REALIZATION OF THE TOUR
If during the Tour the Participant confirms a faulty performance of the Contract, he/she shall promptly notify the Organizer or his representative (guide or resident) about that at the place of realization of the Tour. In case of a confirmed discrepancy a Participant has the right to file a complaint. In order to avoid damages the complaint shall be filed by the Participant promptly, so that the Organizer could react as fast as possible and settle the case urgently. The Organizer advises to make the complaint in writing or electronically (to the e-mail address: email@example.com), or on a different durable carrier. “Durable carrier” shall mean a material or device allowing storage of data: in a manner allowing access to the information in the future, for a time appropriate to purposes which the information serve, and allowing for reproduction of unchanged stored information.
Complaint should include data allowing identification of the Participant and given touristic event, in which he/she participated, matter of complaint, indication of the discrepancy and specification of requests, and, moreover, it should be filed within the term of 30 days from the end of the Tour. In order to meet the term it is sufficient to send the complaint before the lapse of the term. In case of sending the complaint after the term, the Organizer may consider it ineffective.
Complaint connected with realization of the Tour may be addressed directly to the Organizer to the address of Fundacja Centrum Taubego Odnowy Życia Żydowskiego w Polsce, 00-090 Warszawa, 3/5 Tłomackie Street, or to the e-mail address: firstname.lastname@example.org. Complaint filed via electronic mail on a given day is deemed filed to the Organizer on such a day. Tour Coordinator or guides are not authorized to acknowledge claims of Participants connected with the Contract, in particular claims resulting from filed complaint of a Participant.
Answer to a properly filed complaint shall be delivered to a Participant in writing or by another durable carrier of information, as per the circumstances and the form of filing the complaint by the Participant, not later than within 30 (thirty) days from the day of receipt of the complaint. To meet the term it is sufficient to send the answer before the lapse of the term (e.g. posting a shipment at a post office or sending an e-mail).
The Organizer informs that the entity authorized to conduct proceedings for out-of-court consumer disputes resolution, which the Organizer is subject to is Inspekcja Handlowa – Wojewódzki Inspektorat Inspekcji Handlowej (translation: Trade Inspection – Voivodeship Inspectorate of the Trade Inspection) in Warsaw (00-015 Warsaw, 3 Sienkiewicza Street). A Participant may also get help regarding his/hers rights and regarding disputes between he/she and the Organizer by referring to district (municipal) Consumer Ombudsman or social organization, which statutory tasks include consumer protection or using information available on the website of the President of the Office of Competition and Consumer Protection.