FOCA Events Sp.z.o.o trading as Krakow Crawl
These Booking Conditions apply to all bookings which are confirmed as accepted by us on or after 01 October 2018. In respect of any bookings accepted by us prior to this date please contact us for the booking conditions that apply to your particular booking.
Your ticket/s is with FOCA Events Sp.z.o.o, a company registered in Poland (NIP 6762474113 whose registered office is at Jagiellońska 10, 31-008 Kraków.
Your contract incorporates these Booking Conditions and by making a booking with us you confirm your acceptance of these Booking Conditions.
‘Krakow Crawl are trading names of MLM Events Sp.z.o.o.
Your ticket/s will constitute a package under the Package Travel and Linked Travel Arrangements Regulations 2018 (“Regulations”) and set out at the end of these Booking Conditions is a summary of your key rights under the Regulations. In the unlikely event of any conflict between these Booking Conditions and the provisions of the Regulations, the provisions of the Regulations shall take precedence.
A. BOOKING AND PAYMENT
A1. YOUR RESERVATION
A1.1 When you make a booking and pay your deposit or full payment (as applicable), we will reserve your places on the basis of these Booking Conditions. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding contract between us will come into existence only upon the earlier of (a) our sending our booking confirmation or sending of Invoice or the issue of tickets in your name. Prior to doing so, we or a Partner Agent may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
A1.2 Please check your Booking Confirmation and/ or Invoice together with all other documents we or a Partner Agent send you as soon as you receive them. Contact us immediately if any information which appears on the Booking Confirmation or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the above time limits.
A1.3 Normally your reservation number will be advised at the time of booking or on the booking confirmation but this is not guaranteed and may be altered at any time.
A1.5 Any contract is with the “Lead Name” as shown on the Booking Form. We can only accept a booking if the Lead Name is at least 18 years old on or before the date of departure. Please note that you must be aged 18 or over in order to consume alcoholic beverages whilst on board our vessels.
A1.6 The Lead Name is responsible for ensuring that other members of his/her party are aware of these Booking Conditions and that they consent to him/her acting on their behalf in dealings with us.
A2. OUR PRICE POLICY AND PAYMENT TERMS
A2.1 We reserve the right to alter prices shown in any of our brochures or in any website and we will inform you of any price changes prior to the issue of our Booking Confirmation. Once our Booking Confirmation has been sent, save in the case of manifest error, any price changes may only be made in accordance with the remaining provisions of these Booking Conditions.
A2.2 When you make your booking you are required to pay the total price of 150zł in words one hundred and fifty Polish Złoty. Your booking will not be confirmed until we receive the full balance of the booking. Any monies paid to any Partner Agent in relation to your booking are held by such Partner Agent on our behalf at all times.
A2.3 Once you have paid, the booking is fully guaranteed and will not be subject to any surcharges or alteration.
A3. WHAT IS INCLUDED AND EXCLUDED IN THE COST OF YOUR TICKET
A3.1 The details of what is included in the cost of your ticket is set out on our website or your private offer made via e-mail.
A3.2 Any further items or services purchased on board are not included in the cost of your ticket..
B. CHANGES AND CANCELLATION BY US
B1. IF WE CHANGE YOUR BOOKING ARRANGEMENTS BEFORE DATE OF EVENT
B1.1 We hope and expect to be able to provide you with all the services we have confirmed to you in our booking confirmation. On occasions changes do have to be made (for example due to river conditions such as high or low water levels, lock closures, local mooring restrictions or adverse weather conditions) and we reserve the right to make these. Most of these changes are minor.
However, if we consider them a “Significant Change” we will endeavour to advise you or your Partner Agent as soon as reasonably possible. A “Significant Change” may include such things as flooded river or irreparable damage to our boat due to weather conditions.
B1.2 If we have to make a Significant Change before your departure we will endeavour to contact you as soon as possible to advise you of any change and we will, if possible, provide you with two alternatives:
B1.2.1 alternative booking arrangements of equivalent standard and price, if available; or
B1.2.2 cancel your booking arrangements with a full refund of all monies paid.
In both cases, compensation will be paid as detailed above unless the change occurs as a result of circumstances beyond our control.
B2. IF WE CANCEL YOUR BOOKING ARRANGEMENTS
B2.1 In the unlikely event we need to cancel your booking we will tell you or your Partner Agent as soon as possible. However we will not cancel your booking less than 14 days before departure unless it is for a reason outside our control as provided such as those outlined in section B. If we have to cancel your booking arrangements we will provide you with two alternatives:
B2.1.1 alternative booking arrangements of equivalent or of very closely similar standard and price, if available; or
B2.1.2 cancel your booking arrangements with a full refund of all monies paid.
B2.2 We regret that some of our tours shown on our website or in our brochures can only be operated if a sufficient number of people book them. We will advise you at the time of booking if any booking options are dependent on there being sufficient demand. If there is insufficient demand, we have the right to cancel the booking in question. If we have to do so, we promise we will tell you no later than 24 hours prior to departure. In this situation, you will then have the choice of the options shown in clause B2.1 together with the option, if possible, of the same package departing on a different date. Where we cancel for lack of numbers in accordance with this clause B2.2, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
B3. EXERCISE OF OPTIONS
Where, following a Significant Change or a cancellation by us, the options set out in either clause B1.2 or B2.1 are offered, you are expected to advise us within 7 days of being notified which proposal you wish to accept. If you have not notified us within 7 days then we will write to you to obtain confirmation of your choice of the options available. If you fail to respond within a further 7 days, we will cancel your booking arrangements and refund all payments made by or on behalf of you.
C.CHANGES AND CANCELLATION BY YOU
C1. IF YOU CHANGE YOUR BOOKING
C1.1 If you want to change your booking in any way you or your Partner Agent must inform us in writing as soon as possible. We will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time.
C1.2 Where we can make a change, we will charge for any additional services, facilities, or other items changed, at the price which applies on the day the change is made. In addition, we reserve the right to apply an administration charge of 50zł for each person on the booking together with any further costs we incur, for example with our suppliers, in making any change.
C1.3 Any booking discount you may have received at the time your original booking was made may be altered or reduced whenever changes are made if such discount has since been altered, reduced or withdrawn.
C2. IF YOU CANCEL YOUR BOOKING
C2.1 If you wish to cancel all or part of your booking, you or your Partner Agent must write to us. If some or all of your party cancel their booking, we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, we will levy a cancellation charge on the scale shown in the table set out in clause D1. These charges are based on the estimated cost of cancelling your arrangements and the expenses and losses we are likely to suffer if we cannot resell the package.
C2.3 If you or anyone included within your booking is unable to go for any reason or decides that he/she does not want to join the event, you may transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to the following:
C2.3.1 You must write to us with full details of who cannot or does not want to join the event and who you would like to go instead. We must receive this information at least 7 days before departure;
C2.3.2 If the change can be made, you will have to pay any reasonable costs we incur or are asked to pay in order to make the change;
C2.3.3 Anyone who joins the event in place of anyone who was originally due to be attending must agree to these Booking Conditions and any other requirements which apply to the booking before the change can be finalised. If the full cost of the booking should have been paid when the change is requested but has not been, this must also be paid before the change can be finalised;
C2.3.4 It will not normally be possible to transfer bookings or places on bookings within the period of 7 days immediately prior to departure without cancelling the original booking (and thereby incurring cancellation charges pursuant to clause D1) and rebooking.
D. CHANGES, COMPENSATION AND DELAYS
D1. CHANGES AND CANCELLATION CHARGES
The following table sets out the sums payable to us or you in the event of Significant Changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your booking arrangements as a result of:
(a) matters outside of our control; or
(b) where your booking was accepted “subject to availability” or similar and the travel arrangements are not available.
In addition they do not apply where compensation is available under the provisions of clause D2
|Period before departure in which notice of cancellation or Significant Change is received||Amount you will receive from us if we make a Significant Change||Amount you will receive from us if we cancel||Cancellation Charge if you cancel|
|More than 14 days||0 zł||Return of all monies paid||Deposit only|
|7 -14 days||0zł||Return of all monies paid||50% of Total Price|
|Less than 7 days||0 zł||Return of all monies paid||100% of Total Price|
NOTE “Total Price” means the total price payable by you for the booking arrangements. If you cancel (otherwise than pursuant to clause B) you will continue to be liable for the Additional Charges in addition to the Cancellation Charges set out above.
E. LIMITATION OF OUR LIABILITY TO YOU
E1. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to:
E1.1 you; or
E1.2 a third party unconnected with the provision of the booking and where the failure is unforeseeable or unavoidable; or
E1.3 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
E1.4 an event which we or our suppliers, even with all due care, could not foresee or forestall.
E2. Should you or any member of your party suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
E3. The provisions of clauses E1 inclusive are in addition to any other limitation of liability contained in these Booking Conditions.
E4. Nothing in these Booking Conditions affect any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause H.8
F. YOUR RESPONSIBILITIES
F1. SPECIAL REQUESTS
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your Partner Agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your booking, it must be specifically agreed with us before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.
F2. YOUR DOCUMENTATION
F2.1 You are responsible for ensuring that you and all other persons included in the booking are over the age of 18 and have appropriate documentation and we accept no responsibility for any refusal of entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
F3. HEALTH PRECAUTIONS, PREGNANCY, DISABILITIES, & FCO ADVICE
F3.1 You are solely responsible for checking what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure. You and each member of your group are responsible for ensuring that you have had all relevant vaccinations and are otherwise fit to travel. If you have any doubts or require any information then you must contact well in advance of travel commencing. Please note that whilst we will endeavour to assist anyone who becomes ill whilst on board any vessel, any health care facilities are limited and we cannot be expected to provide any inoculations or specialist health care whilst on board.
F3.2 Given the nature of our river cruises and the facilities available on board, we do not allow passengers to embark the vessel where they are more than six months pregnant. If you or any member of your group is or becomes pregnant prior to the start of your booking arrangements, then you must inform us immediately so that we can advise whether or not attendance will be possible and, if so, what arrangements may need to be put in place and/or what medical confirmation of fitness to attend may be required. We cannot be responsible for any losses suffered where we are not informed of any pregnancy well in advance of departure.
F3.3 You must provide us with full details of any existing dietary requirements, medical problem or disability or other special needs (including impaired mobility or the need to use any wheelchair, mobility scooter or walking frame) that may affect your booking at the time of booking. If in our reasonable opinion, your booking are not suitable for your medical problem or disability or other special need or you are not attending with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability or other special need at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the booking are not suitable or you are not attending with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause D1 must be paid by the person concerned. For further information please contact our team on +48 577 929 968.
F3.4 We reserve the right to deny embarkation or remove any person from a vessel or optional shore excursion who in our reasonable opinion or in the opinion of the vessel’s Master is not fit to travel, and/or has not received written confirmation from us that reasonable adjustments can be made to cater for any particular requirements. In such cases, all related expenses, will be borne by the relevant passengers and they shall not be entitled to any refund or any other compensation whatsoever and we shall have no further liability to them. In addition, we may disembark at any port any passenger who may be suffering from any contagious or infectious disease or whose presence, in the opinion of the vessel Master, may be detrimental to the comfort or safety of other passengers or the crew, or who, in the vessel Master’s opinion, might be excluded from landing at any destination by Immigration or other Governmental Authorities
F5.1 You must be responsible for the behaviour of yourself and your party and must at all times ensure that you and your party comply with the vessel’s rules and regulations, any orders and directions of the vessel’s Master, security and staff (as applicable) and that your conduct will not impair the safety of the vessel or jeopardise or inconvenience other passengers. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your booking if behaviour is, or is likely to be, in our reasonable opinion, or in the opinion of any vessel Master, security or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your booking due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements).
F6. ASSISTANCE IF YOU GET INTO DIFFICULTIES
If you or any member of your party suffers during the course of the eventany difficulty as a result of any activity which does or does not form part of your booking, we will offer you prompt assistance without undue delay. Such assistance may include assisting you in making communications and helping you find alternative travel arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and subject to you notifying us promptly of your need.
F7. ALCOHOL POLICY
Please note that you must be aged 18 or over in order to purchase or consume alcoholic beverages whilst on board our vessels. ‘Unlimited alcohol packages’ or similar alternatives can only be purchased where all parties of the booking are over the age of 18 and each occupant must purchase the relevant package for the full duration of the cruise. Proof of age may be required at any time and breach of this policy may result in persons involved (whether in the purchase, supply or consumption) being removed from the vessel pursuant to the provisions of clause F5.
G. IF YOU HAVE A COMPLAINT
G1. If you have cause for complaint whilst in attendance of on our events, you must bring it to the attention of the staff representative during the eventl. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our team at Krakow Crawl, Jagiellońska 10, 31-008 Kraków.or by email to firstname.lastname@example.org giving your booking reference and all other relevant information. Please keep your letter/email concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report whilst on board. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you are on board and this may affect your rights under this contract.
H1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your booking as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline or main charterer, the alteration of the airline or aircraft type, changes imposed by rescheduling or cancellation of rail travel by the relevant operator, war or threat of war, civil strife, industrial disputes, natural disaster, adverse weather, epidemic or terrorist activity.
Due to the nature of our events, we do not maintain specific facilities or services for children during our events. In the circumstances you and all members of your party must be aged 18 or over on or before the day you are scheduled to join our event.
H8. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be brought in the Courts of Poland. We both also agree that Polish law (and no other) will apply to your contract). If this provision is not acceptable to you, you must tell us at the time of booking.