FORKLORE’S​ Terms and Conditions for the provision of tourist services

FORKLORE’S Terms and Conditions for the provision of tourist services

This document establishes the terms and conditions under which FORKLORE Sp. z o.o. provides tourist services to private individuals.

ARTICLE 1. GENERAL CONDITIONS

1.1 The FORKLORE’s terms and conditions are regulated by the Civil Code of the Republic of Poland, the Law on the Protection of Consumer Rights, the Law on Tourism, and other regulations of the Republic of Poland. 

1.2 This document defines the procedures for the sale of tourist services to Customers/Tourists by the FORKLORE. 

1.3 The terms and conditions in this document apply to all types of tourist service offered by the FORKLORE.

1.4 TOUR PROVIDER:

All the cooking classes/ other events / tours are provided by the “FORKLORE Sp. z o.o.” company, registered at Głogowska street 251 A; 60-111 Poznań, NIP: 7792508099, REGON: 384042475.

1.5 FORKLORE guarantees that it possesses all the necessary licenses for conducting its activities in accordance with the conditions of the contract.

1.6 FORKLORE offers different types of activities (cooking classes, single events, tours) and any has its own specific terms & conditions. 

1.7 The minimal hardware requirements of the device that will be used by the client for making payment:
– computer operating system – Windows XP, iOS;
– web browser – Mozilla, Opera, Internet Explorer.


ARTICLE 2. OFFER AND ACCEPTANCE OF AN OFFER

2.1 These terms and conditions are published on the FORKLORE’s website and at the office. They may also be sent via any other channel in response to an individual’s request. They are irrevocable during the period of their validity, except when the Operator revokes them. 

In the case of revocation, the Operator informs the public/potential Customers within 5 days of the moment of revocation, by posting a notification on the www.forkloretour.com website and at the office. If a Customer accepts an Offer based on terms and conditions that are no longer valid, the FORKLORE should not be required to perform his obligations according to those previous terms and conditions, except in any specific cases established in the published notification. 

2.2 Acceptance of the Offer is considered to be a response from the person to whom the Offer was addressed, confirming acceptance of the Offer. The acceptance must be complete and unconditional.

2.3 These terms and conditions come into force as soon as the Customer takes any one of the following actions:
2.3.1. Orders specific services through the FORKLORE’s website, FaceBook in accordance with clauses 3.1 to 3.3 of this document.
2.3.2. Sends a Reservation Form to the FORKLORE for the provision of tourist services, in accordance with clauses 3.1 to 3.3 of this document.
2.3.3. Approves the final version of a tour, in accordance with clauses 3.1 to 3.3 of this document.
2.3.4. Makes a payment in accordance with clauses in article 5 of this document. The Customer unconditionally agrees with these conditions by accepting an Offer.


ARTICLE 3. PROCEDURE FOR ORDERING SERVICES

3.1. The FORKLORE’s services can be ordered:
3.1.1 Through the website – www.forkloretour.com
3.1.2 Through the FaceBook profile @forkloretour
3.1.3 Attending an event/tour directly just before the beginning 

3.2. Ordering services through the website:
3.2.1 The Customer, after choosing the relevant services, goes to the page for filling in the Reservation Form. The Customer must fill in all the required fields accurately.
3.2.2 After the Customer’s Reservation has been sent to and processed by the FORKLORE, the Operator shall contact the Customer to provide additional information and documents, and/or coordinate the tour details, as necessary for the provision of the tourist services.
3.2.3 After arranging all details and receiving the necessary documents, FORKLORE shall send the Customer a final tour program that indicates all services to be provided by the Operator to the Customer, the tour cost, other information and an invoice.

3.3. Ordering services at the FaceBook profile @forkloretour
3.3.1 The FORKLORE’s services can be ordered at the FORKLORE’s official FaceBook profile (@forkloretour).  The Customer goes to the Reservation Form pressing booking button at the main page.
3.3.2. After the Customer’s Reservation has been sent to and processed by the FORKLORE, the Operator shall contact the Customer to provide additional information and documents, and/or coordinate the tour details, as necessary for the provision of the tourist services.
3.3.3 After arranging all details and receiving the necessary documents, the FORKLORE shall send the Customer a final tour program that indicates all services to be provided by the Operator to the Customer, the tour cost, other information and an invoice.

3.4. Attending an event/tour before the beginning
3.4.1 The FOKLORE’s services can be ordered at the counter just before the beginning, the physical presence.
3.4.2 The Customer is entitled to agree all the details of the event/tour verbally, after which the FORKLORE and Customer agree the final event/tour program in writing.

3.4.3. After processing the payment for the event/tour at the counter, the Customer receives the payment confirmation via SMS.

3.5. After successfully processing the payment for the ordered service, the Customer receives the invoice for the payment electronically on email box.

ARTICLE 4. PROCEDURE FOR PROVIDING SERVICES

4.1. The services are provided by the FORKLORE in accordance with the Customer’s Reservation Form, signed by the FORKLORE and Customer.
4.2. Changes to the tour that are requested by the Customer are made at the FORKLORE’s discretion. If the requested changes cannot be made, the Customer (Tourist) shall be obliged to adhere to the agreed tour or shall place a new order (which may involve additional cost to the Customer). In such cases, the payment made for the original order is not refundable. In all cases, amendment of the Customer’s Application at the Customer’s (Tourist’s) request can be made only with the agreement of the FORKLORE.
4.3. In exceptional cases, if it becomes impossible for the FORKLORE to provide services to the Customer in accordance with the approved Customer’s Application, because of reasons that are beyond the Operator’s control, then the Operator is entitled to change the order of provision of services to the Customer, or substitute alternative accommodation and other services with those of an equal or higher category, without agreeing such changes with the Customer (Tourist). The Operator must notify the Customer (Tourist) of any such changes or substitutions within a reasonable timeframe.
4.4. The fact of provision of services is proved by the Parties signing an invoice, by the Operator providing the services in the agreed manner.


ARTICLE 5. PROCEDURE FOR MAKING PAYMENTS

One day/weekends/single events
5.1. Payment for the FORKLORE’s services is made:
5.1.1 The Customer can choose convenient currency between Polish Zloty (PLN), US Dollars (USD) or Euro (EUR), making a payment via PAYLANE Payment Gate (PayLane Sp. z o.o. with its registered office in Gdańsk (80-280) at C. K. Norwida 4 Street, registered in the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under the number KRS 0000227278, NIP 586-214-10-89, REGON 220010531, with the share capital of 4,201,000 PLN) and transferring the payment for the services to the FORKLORE’s bank account, by making a payment with an international debit or credit card, or by making a payment by card (international debit or credit card) using the SumUp Payment Terminal just before the beginning of an event (the physical presence).
5.1.2. The Customer, after filling the online Reservation Form, wants to take part just before the beginning, becomes obliged to pay a full price (100%) of the one day/weekend/single event.

Culinary tours
5.2. Payment for the FORKLORE’s services is made:
5.2.1 The Customer can choose convenient currency between Polish Zloty (PLN), US Dollars (USD) or Euro (EUR), making a payment via PAYLANE Payment Gate (PayLane Sp. z o.o. z siedzibą w Gdańsku (80-280), przy ul. C. K. Norwida 4, zarejestrowana w Rejestrze Przedsiębiorców Krajowego Rejestru Sądowego prowadzonym przez Sąd Rejonowy Gdańsk-Północ w Gdańsku, VII Wydział Gospodarczy KRS, pod numerem KRS 0000227278, NIP 586-214-10-89, REGON 220010531, o kapitale zakładowym wynoszącym 4,201,000 zł.) and transferring the payment for the services to the FORKLORE’s bank account, by making a payment with an international debit or credit card.
5.2.2. The Customer, after filling the Reservation Form, becomes obliged to pay a deposit in the amount of 30% of the tour price (up to 46 days before the date a tour)
5.2.3. The total cost of services must be paid not less than 45 days before the date a tour (on which provision of services commences).


ARTICLE 6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The FORKLORE has the right to:
6.1.1 require the Customer to properly perform his contractual obligations;
6.1.2 not start providing services in the event of the Customer’s failure to pay or to provide the necessary documents or other information in a timely manner;
6.1.3 in exceptional cases, if the FORKLORE had intended to provide certain accommodation, transportation, or other services through third-party providers but the third-parties are no longer able to provide such services, the FORKLORE has the right to amend the tour program without the Customer’s approval. However, the FORKLORE must inform the Customer of such amendments within a reasonable timeframe.
6.1.4 in exceptional cases, in case of bad weather the FORKLORE has the right to change itinerary (program of the day), the FORKLORE must inform the Customer of such amendments within a reasonable timeframe.

6.2. The FORKLORE is obliged to perform his obligations in a proper and timely manner.

6.3. The Customer has the right to:
6.3.1 require the Operator to properly perform his contractual obligations;
6.3.2 cancel the tour, in accordance with clauses in article 7 of this document.

6.4. The Customer is obliged to:
6.4.1 perform his own obligations in a proper and timely manner;
6.4.2 pay for all services, in accordance with the conditions set out in this document;
6.4.3 adhere to the local legal requirements for staying in the country of the tour (Poland);
6.4.4 independently take responsibility for any damage caused by the Customer (Tourist) during the tour, as well as for any violation of the legal requirements for staying in Poland. If the Customer and Tourist are different persons, they shall be liable jointly and in solidarity;
6.4.5 provide all the information and documents necessary for the provision of services and take responsibility for their relevance and accuracy;
6.4.6 promptly notify the FORKLORE of any changes to or errors in the submitted documents;
6.4.7 ensure the Tourist has comprehensive travel insurance for the entire tour period;
6.4.8 familiarize himself with the information provided by the FORKLORE on the conditions of travel and the safety rules, and observe these conditions and rules;
6.4.9 The Parties may have other rights and bear other responsibilities in accordance with the current legislation of the Republic of Poland.


ARTICLE 7. CANCELLATION POLICY

7.1. In case the Customer requests cancellation of the events/tour, the FORKLORE has the right to apply the following penalties:

One day/weekends/single events
7.1.1 in case of cancellation of the event up to 72 hours before it commences: 100% of the price (payment, deposit) is refunded;
7.1.2 in case of cancellation of the event less than 72 hours before it commences or no show: 0% of the price (payment) is refunded;

Culinary tours
7.1.3 in case of cancellation of the tour up to 45 or more days before it commences: 100% of the price (payment, deposit) is refunded;
7.1.4 in case of cancellation of the tour less than 45 to 30 days before it commences: 40% of the price (payment, deposit) is refunded
7.1.5 in case of cancellation of the tour less than 30 days before it commences: 0% of the price (payment, deposit) is refunded
7.1.5.1 in case of cancellation – tickets for trains, or buses that the FORKLORE has already paid for: 0% of the price (ticket) is refunded

7.2. Any request to cancel a tour, regardless of when the cancellation is made, must be made by email – contact@forkloretour.com.

ARTICLE 8. RESPONSIBILITIES OF THE PARTIES

8.1. The Parties bear the responsibilities set out in the current legislation of the Republic of Poland, unless otherwise stipulated by these terms and conditions.
8.2. The FORKLORE is not responsible for:
8.2.1 delays and/or cancellations of train, and bus journeys, the actions of other passengers, railway employees;
8.2.2 changes in the tour program for reasons beyond the Operator’s control;
8.2.3 incidents (injuries, food poisoning or other illness, loss of personal belongings and documents, etc.) the Customer/Tourist is affected by while on the tour—although, in the event of such incidents, the FORKLORE will provide all necessary assistance within its competence and authority;
8.2.4 any damage caused by the Customer/Tourist to third-parties, or by third-parties to the Customer/Tourist;
8.2.5 the safety of the Customer’s luggage (whether related to loss or damage), valuables, and documents during the entire period of provision of tourist services.
8.3. The Customer/Tourist is fully liable for any damage caused by him independently.

ARTICLE 9. ALLERGIES & DIETARY RESTIRCTIONS

9.1. The Customer is obligated, while booking a tour/event, to fill the box and inform the FORKLORE about allergies and dietary restrictions of all participants. The FORKLORE is ready to arrange the meals for vegetarians (vegans excluded). If the FORKLORE is unable to cater for a particular requirement, the Customer will get the information, cancellation of booking, and fully refundation (payment).

9.2. The FORKLORE does not take any responsibility for the Customer’s allergic reactions caused by food served as a part of the tour/event if the Customer has not provided the information to the FORKLORE about being allergic to the ingredient causing allergic reactions.

ARTICLE 10. NUMBER & AGE OF PARTICIPANTS

One day/weekends/single events
10.1. Minimum number of participants to start is 7. The FORKLORE has the rights to cancel the event due to low attendance. In case of that (at least 24h) before the scheduled event, the FORKLORE will inform the Customer about the cancellation and refund the payment. Alcoholic beverages are served the people over 18 years. 

Culinary tours
10.2. Minimum number of participants to start is 7. The FORKLORE has the rights to cancel the tour due to low attendance. In case of that (at least 24h) before the scheduled event, the FORKLORE will inform the Customer about the cancellation and refund the payment. Alcoholic beverages are served the people over 18 years.

ARTICLE 11. FINAL PROVISIONS

11.1. The FORKLORE has the right to assign or otherwise transfer his contractual rights and obligations arising from the contracts concluded with the Customer and any third-party.
11.2. In case of any questions or complaints by the Customer, he must contact the FORKLORE by sending a message by email (or by other means that allows the Operator and Customer to confirm that the Customer has sent the message and that the Operator has received it). The Parties will try to resolve all disputes between themselves through negotiation. If a dispute is not resolved through the standard complaints procedure, it will be referred to the courts system, in accordance with the current legislation of the Republic of Poland.
11.3. The court’s recognition of the invalidity of any provision of these terms and conditions does not entail the invalidity of the remaining provisions.
11.4. These terms and conditions can be changed by the FORKLORE. Such changes will be effective for the Parties, provided they are published on the Operator’s website.
11.5. The Operator reserves the right to conduct technical maintenance works on the website that are aimed at improving, modernizing, or changing the interface of, the website; introducing new or removing existing functions; as well as other works, at his discretion. During the period of technical maintenance works the website will not be available to the Customer for ordering services. This condition does not affect the fulfilment of the FORKLORE’s obligations for services that have already been paid for.
11.6. These terms and conditions apply to a Customer from the date of their entry into force in accordance with clauses, article 2 of this document, until the Operator completes the provision of services to the Customer.

ARTICLE 12. COMPLAINT POLICY12.1. If the Customer is not satisfied of the service, the Customer can send complaint in writing to contact@forkloretour.com within 30 days after the event/tour. The FORKLORE is obligated to respond accordingly within 30 days.