General conditions

§1 Introductory provisions

  • This document sets out the rules for using the services provided by CHT Sp. z o.o. entered into the National Register of Entrepreneurs maintained by the District Court for Kraków Śródmieście in Kraków, XII Commercial Division of the National Court Register, under KRS number 0001151777 with the share capital of PLN 5,000.. E-mail address: info@viaterris.com
  • CHT Sp. z.o.o., owner of the website www.viaterris.com (hereinafter referred to as: "website"), is a travel agent as defined by the Act of November 24, 2017 on tourist events and related tourist services (hereinafter: "Act"), i.e. an entrepreneur dealing in the sale and offering for sale: tours, guided tours and other tourist events and packages created and organized by external companies (hereinafter: “Touroperator”) in various countries, for customers interested in using these services.
  • CHT Sp. z.o.o. provides a website through which customers can book trips, guided tours and other tourist events organized by Touroperators. This means that the customer concludes a contract with the Touroperator organizing the trip. It is The Touroperator who is fully responsible for organizing the trip. CHT Sp. z.o.o. acts as an intermediary (agent) between the customer and the Touroperator. The role of CHT Sp. z.o.o. is also providing relevant booking details to the Touroperator and sending customers e-mail correspondence with the confirmation of the booking as well as receiving customer complaints in matters related to the organization of tours.
  • Information made available through the website regarding the organization of tours is based on information provided by Touroperators. CHT Sp. z.o.o. makes every effort to ensure that all information about the offered trips is current and true, and also fulfills the information obligations, as imposed by the Act.

 

§2 Making a reservation

  • In order to make a reservation, registration on the website is required.
  • In order to be able to make a reservation via the website, the customer will have to provide their personal data. The personal data protection principles are regulated by the Privacy Policy available on the website.
  • Customers provide correct, accurate, current and complete personal data. Customers are responsible for the correctness of the data provided through CHT Sp. z.o.o. website.
  • Customers are required not to disclose their login details to third parties.
  • Customers shall promptly inform CHT Sp. z.o.o. of any unusual activity regarding their account, such as theft, loss or unauthorized use of login details.
  • Trip bookings made by customers via the website are subject to detailed conditions, determined separately for each trip by the Touroperator. The organizational details of the trip (e.g. meeting place, date, time, duration of the trip) are provided to customers via the website prior to booking.
  • The total price of the trip is presented with taxes, and all additional fees are included in the detailed conditions of the trip published on the website.
  • Making a reservation is connected with the obligation of payment, about which the customer is informed before confirming the reservation, unless the Customer is making the reservation of a free tour. The condition of approving the reservation is the payment being made by the Customer or confirmation of the reservation in case of free tours. CHT Sp. z o.o. offers different methods of payment. You can pay securely using credit cards, debit cards, or PayPal. You can pay also via the external payment system imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice.
  • The default way to communicate with the customer is by email.
  • After completing the reservation, the customer receives an email confirming the booking, as well as all information regarding the booked trip.

 

§3 Touroperator's obligations to customers

  • The Touroperator is responsible for the diligent performance of all services covered by the contract with the customer.
  • Customers receive an emergency telephone number or contact point data through which they can contact the Touroperator.
  • Customers can not transfer their participation in the trip to another person.
  • The price of the trip can only be increased if certain costs increase (for example fuel costs) and this is expressly provided for in the contract; in no case may the price increase be implemented less than 20 days before the start of the tour. If the price increase exceeds 8% of the price of the tour, the customer may terminate the contract.
  • If the Touroperator cancels the tour before its start, customers have the right to a refund of payments.
  • In exceptional circumstances - for example, if the destination has serious security problems that may affect the tour, customers may terminate the contract without paying any termination fee before starting the tour.
  • In addition, customers may at any time before the start of the tour terminate the contract for an appropriate fee set by the Touroperator, indicated in the detailed conditions of each tour.
  • If, after the start of the trip, significant parts of it cannot be implemented in accordance with the contract, appropriate alternative services will have to be offered.
  • In the event that the services are not provided in accordance with the contract, and this circumstance affects the tour, and the Touroperator fails to solve the problem, customers can terminate the contract without a termination fee.
  • The Touroperator must provide assistance to customers in a emergency situations arising during the tour.
  • In the event that the Touroperator becomes insolvent, payments made by customers will be refunded.
  • The customer (Consumer and Entrepreneur with Consumer rights) has the right to withdraw in writing from the concluded agreement without giving a reason within 14 days (fourteen) days from the date of conclusion of the agreement based on the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
  • The right referred to above also applies to a natural person - Entrepreneur with Consumer rights, concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  • Entrepreneur with Consumer Rights is a Customer who is a natural person concluding a agreement directly related to his/her business activity, when it results from the content of the agreement that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his/her busines activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 4 Complaints

  • Touroperator is responsible for conducting the complaint procedure and handling customer complaints. Complaints can be submitted directly to the Touroperator via contact details provided to customers prior to the booking.
  • CHT Sp. z.o.o. transmits to touroperator complaints made by customers via e-mail without undue delay.
  • CHT Sp. z o.o. together with the Touroperator shall be liable to the Consumer and the Entrepreneur with the rights of the Consumer for the lack of compliance of the service with the agreement concluded at the time of booking and disclosed within two years from the conclusion of the agreement.
  • CHT Sp. z o.o. together with the Touroperator shall be liable to the Consumer and the Entrepreneur with the rights of the Consumer for this reason under the principles specified in the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2022, item 2337).
  • Complaint may be submitted by the Consumer or the Entrepreneur with the rights of the Consumer by e-mail and sent to the following address: info@viaterris.com

§5 Exemptions

  • CHT Sp. z.o.o. is not responsible:

-for the Touroperator's obligations arising from the services provided  by the Touroperator to customers, including any financial liabilities related to the services provided, as well as the quality of the services offered by the Touroperatortor.

     -In the event of a customer becoming subject to an accident, injury or other health damage during the tour.

 

§6 Final provisions

  • The customer declares the acceptance of these General terms and conditions.
  • CHT Sp. z.o.o. reserves the right to modify the General terms and conditions.
  • In all disputes arising or likely to arise from the interpretation of General Terms and conditions, jurisdiction is conferred on the Polish courts.
  • The law applicable to the interpretation of the provisions of the General terms and conditions is Polish law.
  • The General terms and conditions have been  drawn up in Polish and English languages. In case of inconsistency of texts, the Polish text will prevail.
  • The invalidity of individual provisions does not affect the validity of other provisions of General terms and conditions.
  • In accordance with No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR),  CHT Sp. z.o.o.  informs its customers  living  in the European Union  about  access  to the 'online conflict resolution platform', developed by the European Commission,  for the purposes of resolving disputes  arising from the provision of services.  In order to access the "online Conflict resolution platform"  please follow the link:  http://ec.europa.eu/consumers/odr/.