General Conditions of Participation [GCP]
The organizer is EverGrowing Wojciech Baranowski with its registered office in Warsaw (02-255), ul. Krakowiaków 80/98, NIP (Tax ID): 1130028954, REGON (National Business Registry Number: 142016821, registered in the Central Register and Information on Business managed by the Minister of Development, holding a certificate of registration in the Register of Tourism Organizers and Tourist Agents of Mazovia Province under the number 1827.
The rights and obligations of customers are defined, based on Art. 384 §1 of the Civil Code and the Act of 29 August 1997 on Tourist Services, in these "General Conditions of Participation".
Booking of the camp takes place via the website operating in the domain https://avetravel.pl on which the customer completes a dedicated form and sends it to the organizer by using the "Make a Reservation" icon. The customer also receives information regarding the amount of an advance payment representing 40% of the total sum for the camp. After receiving a booking form, the organizer sends the agreement for the provision of the camp, a qualification card, and the general conditions of participation in the tourist camp to the customer. The customer can make a payment by bank transfer to the bank account of the organizer. Upon receipt of the payment, the organizer shall immediately confirm the client's reservation by sending an email to the client's address.
Bookings for the camp may be made on behalf of several people. The person making the booking is responsible for paying the full amount of the price for the camp for all persons listed on the booking confirmation. The person making the booking must be over 18 years of age. Conclusion of the agreement on behalf of a minor requires the written consent of parents or legal guardians.
The agreement is concluded in writing; the customer, after becoming acquainted with the contract to provide the camp and the conditions for the participation in the tourist camp, is obliged to sign them and deliver them to the organizer's address: EverGrowing ul. Krakowiaków 80/98; 02-255 Warszawa.
The total cost of the camp is given to the customer in the summary of the submitted booking form, which the customer fills through the website accessible in the domain: https://avetravel.pl. The price does not include the cost of additional insurance, etc., and the responsibility for obtaining such rests with the customer. The price of the package is given in PLN.
The advance payment must be paid into the bank account specified by the organizer within 7 days of booking, and full payment for the camp must be paid no later than 30 days before the departure date, unless the parties agree otherwise in the contract.
During the 20 days before the departure date set in the contract the price may not be increased.
The price set in the contract may be changed, provided that the organizer documents the impact on the price increase of one of the following circumstances: (i) an increase in transport costs, (ii) an increase in official fees or taxes.
Change and cancellation on the part of the organizer
If, before the start of the camp, the organizer is forced, for reasons beyond his control, to modify the essential terms of the contract with the customer, subject to Art. 17 of the Act on Tourist Services, the organizer shall promptly notify the customer of this. In this case, the customer should immediately inform the organizer whether:
- they accept the proposed amendment of the contract or
- withdraw from the agreement with the immediate return of all amounts paid without the obligation to pay a contractual penalty.
If the customer withdraws from the contract or if the organizer calls off the camp for reasons independent of the customer, the customer has the right, according to choice:
- to participate in a replacement event of the same or higher standard, unless they agree to a lower standard event in return for the difference in price
- request immediate return of all amounts paid.
Change and cancellation on the part of the customer - Transfer to another person of the rights and obligations under the contract for the provision of tourism services.
The customer may, without the consent of the organizer, transfer to a person fulfilling the terms of the camp all the rights to their contract for the provision of tourist service entitlements, if the new person accepts all obligations resulting from the contract.
The transfer of rights and responsibilities referred to above is effective with the organizer if the customer notifies him of this within 7 days before the provision of the tourist service.
For the unpaid part of the price of the camp and the costs incurred by the organizer as a result of changes in the participant, the client and the person acquiring the rights are jointly and severally liable.
Withdrawal by the customer from the purchased camp requires a written statement submitted to the organizer. The organizer has the right to charge the customer for the actual costs to be incurred in connection with the withdrawal of the customer. An estimate of the actual costs incurred may be made no later than the day after the scheduled departure from which the customer withdraws, of which the customer shall be informed immediately.
The customer can use the sports equipment and other available equipment, subject to the consent of the instructor/tutor and only under his supervision.
The customer is required to have their own functioning BMX bike and street helmet. The customer participating in the classes must:
- Comply with all orders from instructors and tutors
- Comply with the regulations of the skate park and the rules of the equipment they use.
- Ride only with a properly fitted and fastened helmet and on a fully functioning bicycle.
- Report any problems and defects to the instructor and in particular those relating to their own health risks.
- Not obstruct the use of the facility by other participants.
- Move only over the obstacles and routes designated by the instructor as shown by the instructor.
- Look around and observe other course participants.
- Signal the desire to start the ride or execution of a trick to other skate park users.
- Warm up joints and muscles before the start of BMX classes.
- Behave politely.
- Be in sight of the instructor.
- Use common sense and not overreach their abilities.
The customer may not:
- Borrow equipment and accessories from other users of the skate park and third parties.
- Lend equipment and accessories to other users of the skate park and third parties.
- Move away without the consent of the tutor/instructor of the subgroup to which s/he belongs.
- Attempt to repair equipment themselves.
- Handle the music equipment.
- Hinder the movement of other participants around the skate park.
- Use the skate park if not the instructor is not nearby.
- Try and execute tricks outside the places designated.
If during the camp the customer declares defective performance of the contract, they should immediately notify the organizer.
Regardless of the notification referred to above, the customer may file a complaint to the organizer containing an indication of the shortcomings in the manner of performance of the contract and define their request, no later than 30 days from the end of the event.
In the event of refusal of the complaint, the organizer must justify the reasons for refusal in detail in writing.
If the organizer does not reply in writing to the claim within 30 days of its submission, in the event of a complaint filed during the course of the camp within 30 days from the date of completion of the tourist service, it shall be assumed that the complaint is found to be justified.
Principles of organiser's liability
The organizer of the camp is responsible for non-performance or improper performance of the contract for the provision of tourist services, unless the failure or improper performance is due exclusively:
- to an act or omission by the customer
- an act or omission by a third party, not participating in the performance of services provided in the contract, if such acts or omissions could not have been foreseen or avoided, or
- force majeure.
Exclusion of liability for non-performance or improper performance of the contract, in the cases referred to in para. 1, does not relieve the camp organizer from the obligation to provide help for the duration of the tourist event to the injured client.
EverGrowing Wojciech Baranowski with its registered office in Warsaw (02-255), ul. Krakowiaków 80/98, NIP (Tax ID): 1130028954, REGON: 142016821, registered in the Central Register and Information on Business managed by the Minister of Development, holding a certificate of registration in the Register of Tourism Organizers and Tourist Agents of Mazovia Province under the number 1827, declares that it possesses the obligatory Insurance Policy GT 343/2016 for a guaranteed sum of 32,201.25 PLN issued by the Towarzystwo Ubexpieczeń Europa Spółka Akcyjna, ul. Gwiaździsta 62, (53-416) Wrocław. The beneficiary of the aforementioned insurance policy is the Marshal of Mazovia Province, ul. Jagiellońska 26, 03-719 Warsaw.
The subject of the guarantee is (i) to cover the costs of return of the organizer's customers from the camp to the place of departure or planned return from the camp if the organizer in spite of the obligation does not provide this return, (ii) to cover refund payments made by customers of the organizer to pay for the camp for reasons when the organizer and the people who work on its behalf that the camp shall not be organized, (iii) reimbursement of part of the payment made to pay for the camp, corresponding to the part of the camp which is not carried out for reasons related to the organizer and the people who work on its behalf.
In matters not covered by these General Conditions of Participation the provisions of the Civil Code and the Act of 29 August 1997 on Tourist Services, as amended, shall apply.
Any disputes shall be settled by the parties amicably, and if no agreement is reached by the competent local court.
General Conditions of Participation of 2017-01-13