Terms & conditions

1. General Provisions
   Owner of the Service: The ABPoland.com website (hereinafter referred to as the "Service") is operated by ABP Travel Sp. z o.o., with its registered office at Baśniowa 3/116, 02-349 Warsaw, Poland, registered in the Krajowy Rejestr Sądowy (National Court Register) under number KRS 0000947001, NIP: 7011069186, REGON: 521024980 (hereinafter referred to as "ABP Travel" or "Organizer"). ABP Travel is a tour operator providing services in accordance with Polish law.

Purpose and scope of services: The Service is intended to present the tourism services offered by ABP Travel and enable users (hereinafter referred to as "Users" or "Clients") to book and purchase tours, tourist events, and related tourism services. Through the Service, ABP Travel offers, among others, sightseeing tours, guided tours, transfers, travel packages, and other tourism-related services within Poland and other countries in accordance with the descriptions in the offerings.

Acceptance of Terms and Conditions: Using the Service, including booking a tour, means acceptance of these Terms and Conditions. The User agrees to comply with the provisions of these Terms and Conditions from the moment they begin using the Service. The Terms and Conditions are available free of charge on the website and can be downloaded, saved, and printed by the User at any time.

2. Rules for Using the Website
   Users use the Service voluntarily and at their own risk, agreeing to use it in a manner consistent with the law, good manners, and the provisions of these Terms and Conditions. In particular, the following actions are prohibited:
   • Providing illegal content: The User may not submit or publish through the Service any content that is unlawful, infringes on the rights of others, or is against good manners, including offensive, vulgar, or third-party rights-violating content.
   • Disrupting the Service's operation: Users may not undertake actions that could hinder or destabilize the Service's functioning (e.g., interfering with the site's code, introducing malicious software, attempting unauthorized access to systems, etc.).
   • Using content: The content of the Service (texts, photos, graphics, website layout, and other elements) is protected by copyright and intellectual property laws. Users may use this material solely for personal, non-commercial purposes. Any copying, distribution, or use of the Service's content for other purposes requires prior written consent from ABP Travel.
   • Accuracy of data: When making a reservation or filling out forms on the website, the User agrees to provide true, current, and complete information. Impersonating other individuals or providing false information in the booking process is prohibited.
   • Respecting others' rights: The User is required to respect the rights of other users of the Service and third parties. In particular, they should refrain from actions that violate the privacy of other Users or misuse communication channels (e.g., contact forms) for spamming or marketing purposes without the recipient's consent.

ABP Travel makes efforts to ensure the Service operates continuously and without errors; however, there may be temporary limitations (e.g., due to maintenance or issues outside ABP Travel’s control). ABP Travel is not responsible for temporary service interruptions or any damages resulting from technical disruptions beyond its control. The information presented on the Service (e.g., descriptions of tours, prices, dates) is regularly updated and accurate, but occasional errors or outdated information may occur. In case of doubts regarding the offer, the User should contact ABP Travel for verification. The marketing materials and descriptions of offers on the Service do not constitute a commercial offer under the Civil Code, but an invitation to enter into an agreement.

3. Rules for Purchasing Tours
   Users have the opportunity to book and purchase tours and other tourism services offered by ABP Travel through the Service. The following is the booking procedure and payment terms:

Booking Procedure:

1. Selection of the offer: The Client selects the tour or other tourism service from the available offers on ABPoland.com. Each offer page contains key information such as the program, price, dates, minimum number of participants (if applicable), and other essential conditions.
2. Placing the booking: To book the selected service, the Client completes the online booking form available on the Service (providing participant details, preferred dates, number of people, contact information) or contacts ABP Travel through specified channels (e.g., by phone or email). The booking represents the Client’s intention to enter into an agreement for tourism services.
3. Availability confirmation: After receiving the booking request, ABP Travel verifies the availability of places and the possibility of providing the service on the selected dates. If the service is unavailable or there are any obstacles to its execution, ABP Travel will contact the Client to propose an alternative date, service, or refund the payment.
4. Payment: After the preliminary confirmation of availability, the Client receives information regarding the required payment for the service (e.g., the deposit or full price of the tour) and available payment methods. The available payment methods include bank transfer, credit/debit card payment, online payment systems, or other electronic payment options specified by ABP Travel. Payment must be made within the deadline specified by ABP Travel.
5. Booking confirmation (contract conclusion): After receiving the required payment (or the first installment, according to the agreement), ABP Travel will send the Client an electronic booking confirmation (to the provided email address). The confirmation will include key details, such as the booking number, details of the reserved tour/service, the amount received, and any further instructions for the Client. Once the booking confirmation is sent by ABP Travel, a binding contract for the provision of tourism services is concluded between the Client and ABP Travel. If the Client does not receive confirmation within the agreed time, they should contact ABP Travel.
6. Travel documents: In the case of tours or tourism services that require additional documents (e.g., vouchers, tickets, participation agreements, insurance policies), ABP Travel will provide them to the Client before the event starts – in electronic or paper form, as agreed.

Cancellation and Refund Terms:
Client’s cancellation: The Client has the right to cancel a reserved tour or tourism service at any time before its commencement by sending a withdrawal statement to ABP Travel (e.g., via email). Cancellation may involve the Organizer withholding a cancellation fee (so-called cancellation fee), depending on the timing of the cancellation and the type of event. The amount of any deductions corresponds to the actual costs incurred by ABP Travel in preparing the event (such as reservations for accommodation, entrance tickets, transport) in accordance with the applicable regulations of the Tourism Services Act. The closer to the event’s start date the cancellation occurs, the higher the amount withheld may be (up to the full price of the event if the cancellation occurs shortly before the start). Detailed cancellation terms and potential refund conditions will be presented to the Client before concluding the agreement (e.g., in the General Terms of Participation or the contract). For one-day tours, each tour has its own cancellation policy specified on the website.
Refund upon cancellation: If the Client validly withdraws from the agreement, ABP Travel will refund the amounts due to the Client (minus any cancellation fees as described above) promptly, no later than 14 days from receiving the cancellation statement.
Force Majeure Exceptions: If the Client's cancellation is caused by force majeure events (e.g., natural disasters, significant security disruptions at the destination, pandemics, etc.) that significantly affect the execution of the tourist event or transport, the Client has the right to withdraw from the contract without paying cancellation fees, in accordance with applicable laws. In such a case, the Client is entitled to a full refund of all amounts paid.
Cancellation or Change by the Organizer: ABP Travel reserves the right to cancel a tour or tourism event before it begins due to force majeure or if the minimum required number of participants is not met (if such a minimum number was required in the offer). The Client will be notified immediately in case of cancellation. In such a case, ABP Travel will offer the Client, at their choice: (a) participation in a replacement event of comparable or higher quality (if possible, without additional costs), or (b) a full refund of all amounts paid by the Client within 14 days of the event's cancellation. The Client has no right to additional compensation if the event was canceled due to force majeure circumstances beyond the Organizer’s control.
Unused services: If the Client does not participate in the tourism event or cancels individual services during the event for reasons within their control (e.g., arriving late for the meeting, interrupting the trip for personal reasons), they are not entitled to a refund for the unused services.
Reservation Changes: At the Client's request, ABP Travel may, subject to availability and feasibility, make changes to an already made reservation (e.g., changing the date, number of participants, scope of services). Introducing changes may depend on ABP Travel's or its partners' capabilities and acceptance of any price differences. In some cases, changes may involve additional costs (e.g., charges imposed by hotels). ABP Travel will inform the Client about the conditions and possible costs of making changes before carrying them out.

4. Rights and Obligations of the Parties
   This section of the Terms and Conditions defines the main obligations and rights of ABP Travel as the Organizer, as well as the Clients using its services.

ABP Travel’s obligations and responsibilities (Organizer):
• Provision of services: ABP Travel undertakes to perform the agreement for the provision of tourism services in accordance with the offer description and the terms of the agreement. The Organizer is responsible for the event’s execution and the services provided within it (transport, accommodation, sightseeing program, etc.), regardless of whether they are performed directly or by cooperating entities (e.g., local guides, transport companies).
• Compliance with the description: Tourism services will be provided in accordance with the offer presented to the Client and agreed upon in the contract. Any significant changes to the event program or individual services (e.g., changing the hotel to one of equivalent quality, changing the sightseeing order) may only occur in cases specified by the agreement or applicable law (e.g., force majeure) and will be communicated to the Client promptly. If significant changes to the contract occur before the event’s start (e.g., major changes in the program or price), the Client has the right to accept the proposed changes or withdraw from the contract without incurring any costs, in accordance with applicable laws.
• Information and assistance: ABP Travel is required to provide the Client with complete information regarding the tourism service before the event, as required by law (e.g., providing the Standard Information Form for events lasting over 24 hours or including an overnight stay before concluding the contract and confirming the terms of the tourism service contract). During the execution of the tourism event, ABP Travel or its representative (e.g., tour guide, driver) will ensure adequate care and assistance to Clients, including in emergency situations. If difficulties arise during the trip (e.g., transport delays, lost documents), the Client is entitled to request necessary assistance from the Organizer.
• Insurance and guarantees: ABP Travel complies with legal requirements regarding securing Clients' payments. The Organizer holds an insurance guarantee or an equivalent form of security in case of its insolvency, ensuring Clients' reimbursement of payments or return to their home country in case of ABP Travel's insolvency, in accordance with the Tourism Services Act. Details regarding the guarantee (number, scope, guaranteeing entity) are provided to Clients before the agreement is concluded, as required by law.
• Limitation of liability: ABP Travel is not liable for non-performance or improper performance of the contract caused solely by the Client or third parties not participating in the provision of tourism services, where such circumstances could not be foreseen or avoided, or due to force majeure. To the extent permitted by law, ABP Travel excludes its liability for non-material damages (e.g., lost profits) resulting from the cancellation of the event for reasons beyond the Organizer's control. However, this does not limit ABP Travel’s liability for non-performance or improper performance of services in cases where liability arises from mandatory legal provisions (in particular the Tourism Services Act and the Civil Code).

Client’s obligations and rights (tour participant):
• Payment of the price: The Client is obliged to pay the price for the ordered tour or tourism service within the deadlines specified in the agreement/booking. Failure to pay on time may result in the Organizer canceling the reservation due to the Client's fault.
• Providing information and documents: The Client must provide ABP Travel with all necessary information for the execution of the service (e.g., accurate personal details of participants in accordance with identity documents, dietary requirements, special needs) and provide documents required to participate in the event (valid passport or ID card, visas, vaccination certificates if necessary, etc.). The Organizer is not responsible for consequences arising from the Client's failure to provide the required documents or important information.
• Adherence to rules during the event: During the event, the Client must follow the instructions of the tour guide, guides, and representatives of the Organizer, and comply with the rules of the places they visit (e.g., hotel rules, tourist site regulations, order regulations). The Client must behave in a way that does not endanger their own safety or that of other participants, nor hinder others’ participation in the event. If the Client significantly or dangerously violates the rules during the event, the Organizer may refuse to continue providing services to that Client (i.e., remove them from the event). In such a case, the Client will not be entitled to a refund for unused services, and any additional costs of returning home will be borne by the Client.
• Right to services as per the agreement: The Client is entitled to tourism services in accordance with the contract and the offer. If, during the event, the Client notices defective performance of the contract (e.g., significant discrepancies with the program, accommodation standard, etc.), they must immediately notify the ABP Travel representative on site to allow the Organizer to rectify the situation. Regardless of this notice, the Client has the right to submit a formal complaint after the event is completed, according to the procedure outlined in section 6 of these Terms and Conditions.
• Right to transfer the booking: The Client (traveler) has the right – under the conditions provided by law – to transfer the rights and obligations from the concluded contract for participation in the tourism event to another person who meets the conditions for participation. The Client must inform ABP Travel of the planned transfer in a reasonable time before the event starts (preferably no later than 7 days before departure). The new person taking the booking is jointly liable with the Client for the remaining price of the event and for covering any additional costs resulting from the transfer (e.g., flight booking changes). ABP Travel may refuse to accept the participant change only in cases provided by law (e.g., when the reservation cannot be changed with suppliers).

5. Reference to Polish Tourism Law
   All services provided by ABP Travel and the provisions of these Terms and Conditions comply with applicable Polish law, particularly:
   • Tourism Services Act: ABP Travel operates in accordance with the Act of November 24, 2017, on Tourism Events and Related Tourism Services (Journal of Laws 2017, item 2361, as amended) and the implementing regulations to this Act. In terms of the Organizer’s obligations and the Client’s (traveler's) rights, ABP Travel adheres to all the requirements set by this Act, including those related to concluding agreements for participation in tourism events, providing pre-contractual information, holding financial security, and procedures in emergency situations.
   • Other consumer regulations: In matters not regulated by the Tourism Services Act, the relevant provisions of generally applicable law apply, including the Civil Code (Act of April 23, 1964, Journal of Laws, item 1964) and consumer protection regulations (e.g., the Consumer Rights Act of May 30, 2014, in matters related to tourism service contracts, and the Electronic Services Act of July 18, 2002, for services provided through the Service).
   • Relationship of the Terms to the law: The provisions of these Terms and Conditions are not intended to exclude or limit any statutory rights of Clients, especially consumer rights. In the event that any provision of the Terms and Conditions is inconsistent with mandatory legal provisions, such provisions will apply, and the remaining provisions of the Terms will remain in force.
6. Complaints and Disputes
   Complaints related to tourism services: If the quality or manner of providing the tour or other tourism service offered by ABP Travel does not comply with the agreement or the Client’s expectations, the Client has the right to file a complaint. The complaint procedure is as follows:
   • Complaints can be submitted in writing (by mail to the ABP Travel office address) or electronically (by sending an email to the contact email provided on the Service). The complaint should include identifying information about the contract/booking (e.g., booking number, tour date, Client’s details) and describe the issues or discrepancies with the service's execution, as well as indicate the expected resolution (e.g., partial refund, price reduction, compensation).
   • Complaints will be processed promptly. ABP Travel will make every effort to respond to the complaint as soon as possible. The final response to the complaint will be provided no later than 30 days from the date the complaint is received (unless mandatory regulations set a shorter deadline). In particularly complex cases, ABP Travel will inform the Client of the need to extend the complaint resolution period, providing the reason for the delay and the expected response time.
   • The response to the complaint will be provided to the Client in writing or on a durable medium (e.g., by email) and will include the Organizer’s decision regarding the complaint, potentially offering a solution (e.g., acceptance of the complaint in whole or in part, payment of a specified amount, provision of a replacement service), or the justification for the refusal to accept the complaint.
   • If the Client’s claims are not accepted in the complaint process, or if ABP Travel’s response is unsatisfactory, the Client may seek out-of-court means of resolving their claim, as outlined below, or take other legal steps in accordance with applicable law.

Dispute Resolution: ABP Travel aims to resolve any disputes related to services and the application of these Terms and Conditions amicably. If an amicable resolution is not possible, the following provisions apply:
• Applicable law: The applicable law for contracts concluded between the Client and ABP Travel is Polish law. Any disputes will be resolved in accordance with Polish law.
• Jurisdiction: Any disputes not resolved through the complaint or mediation process will be resolved by the competent district court. If the Client is a consumer, they may, at their discretion, pursue claims in the court with jurisdiction over their place of residence or the court with jurisdiction over the ABP Travel’s registered office. ABP Travel submits to the jurisdiction of Polish courts for disputes related to concluded contracts.
• Out-of-court dispute resolution: The Client, as a consumer, may opt for out-of-court methods for resolving consumer disputes. In particular, they

may request mediation or dispute resolution from a permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection or another competent institution. Detailed information on accessing these procedures is available on the website of the Office of Competition and Consumer Protection (UOKiK). Using out-of-court dispute resolution methods is voluntary and requires the consent of both parties.

7. Changes to the Terms
   ABP Travel reserves the right to make changes to these Terms and Conditions. Changes may occur, particularly due to changes in the law, changes in the way services are provided (e.g., introducing new features on the Service, expanding or changing the offer), changes in ABP Travel’s address or registration details, or to improve the security or clarity of the Terms.

Users will be informed of any changes to the Terms by making the updated version available on the ABPoland.com website in the "Terms and Conditions" section, with a notice indicating the date the changes take effect. In the case of significant changes, ABP Travel may additionally notify registered Users via email about planned modifications.

Changes to the Terms will take effect 14 days from the date the updated version is posted on the Service’s website, unless the notice of change specifies a later date. Services booked before the date the changes take effect will be governed by the version of the Terms that applied at the time of booking (contract conclusion), unless legal provisions require the application of the new provisions or the parties agree to apply the new provisions.

ABP Travel recommends regularly reviewing the current version of the Terms. Continuing to use the Service after the changes take effect will be considered acceptance of those changes by the User.

Note: In case of disputes within Poland, the Polish version of these Terms and Conditions shall prevail.