Rally Travel
Terms and Conditions
§1 Definitions
1.
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
A.
Organizer - RALLY TRAVEL SP. Z O. O. with its registered office in Piekary Śląskie, entered in the Register of Tourism Organizers, being a party to the agreement for participation in the Event.
B.
Participant / Traveler - A natural person who has entered into an Agreement with the Organizer or for whom the Agreement has been concluded, participating in the Event.
C.
Event - A tourist event, motor expedition, training, off-road event or adventure event organized by the Organizer, including events involving vehicles or mechanical equipment.
D.
Agreement - An agreement for participation in the Event concluded between the Participant and the Organizer, including through online booking and acceptance of the Terms and Conditions.
E.
Terms and Conditions - These terms and conditions setting out the rules of participation in Events organized by the Organizer.
F.
Detailed terms and conditions / offer - A document or description of a specific Event containing its individual terms, program, scope of services, price and other material information.
G.
Services - Services provided by the Organizer under the Agreement, in particular the organization of the Event, route preparation, provision of GPX files, accommodation, meals, transport, organizational support or other elements indicated in the offer.
H.
Vehicle / equipment - Any vehicle or equipment used by the Participant during the Event, in particular off-road vehicles, motorcycles, quads, UTV/SSV, snowmobiles or other mechanical equipment.
I.
GPX files / routes / tracks - Digital files containing the route layout, constituting an auxiliary element of the Event, prepared on the basis of available data. These files are indicative only and do not constitute a guarantee of route passability or legality.
J.
Event Program - A description of the course of the Event, including the daily schedule, routes, attractions and services, which is indicative and may be subject to change.
K.
Event Price - The amount due for participation in the Event, specified in the offer, Agreement or detailed terms and conditions.
L.
Reservation fee / deposit - A part of the Event price paid in order to reserve a place.
M.
Force majeure / unavoidable and extraordinary circumstances - Events beyond the Organizer's control which could not have been foreseen or avoided, in particular natural disasters, acts of war, epidemics, decisions of public authorities or other events of a similar nature.
N.
Third parties - Entities not directly involved in the performance of the Agreement, in particular other road users, local entities, services or bystanders.
O.
Durable medium - Material or tool enabling information to be stored in a way accessible for future reference for an appropriate period, e.g. e-mail.
P.
TFG / TFP - The Tourist Guarantee Fund and the Tourist Assistance Fund, to which the Organizer pays contributions in accordance with applicable regulations.
Q.
Insurance policy - An insurance contract concluded by the Participant or provided by the Organizer within the scope indicated in the Agreement or the terms and conditions.
R.
Named services - Services assigned to a specific person, the change of which may involve additional costs or restrictions (e.g. airline tickets, hotel reservations).
§2 General provisions
1.
The organizer of the events is:
RALLY TRAVEL SP. Z O. O.
ul. Prymasa Stefana Wyszyńskiego 85, 41-940 Piekary Śląskie
NIP: 4980279762, KRS: 0001184730, REGON: 542268361
office@rally.travel office@rally.travel
2.
The Organizer is entered in the Register of Tourism Organizers under number 1898 and holds an insurance guarantee issued by UNIQA TU S.A. no. 3451639136.
3.
These Terms and Conditions set out the rules of participation in:
A.
tourist events
B.
motor expeditions
C.
training sessions
D.
off-road and adventure events, hereinafter referred to as the “Events”.
§3 Subject of the Agreement and nature of the Event
1.
The subject of the Agreement is the Participant's participation in the Event, including in particular route preparation, provision of GPX files, logistical services, organizational support and additional services.
2.
The detailed program, date, price, scope of services and other terms are specified in the individual terms and conditions or agreements relating to the given Event.
3.
The Event may include travel over varied terrain (e.g. mountains, dirt and gravel roads, off-road sections, rocky stretches, ruts, mud, local crossings and asphalt access roads) in changing, including at times difficult, climatic and terrain conditions.
4.
In the case of Events involving driving vehicles or using mechanical equipment, the Participant shall drive the vehicle or use the equipment independently, at their own risk, taking into account their own skills, terrain conditions, applicable law and safety rules.
5.
The provisions concerning risk do not limit or exclude the Organizer's liability to the extent that it cannot be excluded under mandatory provisions of law.
§4 Obligations of the Organizer
1.
Rally Travel undertakes in particular to:
a.
prepare and provide GPX files;
b.
provide services in accordance with the event description and the scope specified in the offer, Agreement or detailed terms and conditions;
c.
provide pre-departure information required by the Act on Tourist Events;
d.
pay contributions to TFG and TFP;
e.
ensure organizational coordination of the Event in accordance with the scope of services included in the price.
2.
The Organizer shall not be liable, inter alia, for:
a.
fuel, parts, repairs, servicing and towing;
b.
damage caused by force majeure, third parties or the Participant's decision;
c.
personal expenses, tips, souvenirs, alcohol, admission tickets, optional services, additional water and food supplies for the route if needed, drinks and meals not included in the program of the given event;
d.
personal insurance (including extreme sports) and property insurance of the Participant, including the vehicle;
e.
fines and penalties imposed on the Participant as a result of violating local traffic or nature protection regulations;
f.
damage to the Participant's vehicle, equipment or property resulting from the nature of the terrain, weather conditions, natural obstacles, the normal risk associated with participation in the Event, acts or omissions of the Participant or third parties, unless the damage results from non-performance or improper performance of the Organizer's services within the scope for which it is liable under mandatory provisions of law.
§5 Obligations of the Participant
1.
The Participant undertakes to:
a.
deliver the vehicle on time to the designated starting or loading point;
b.
follow the instructions of the Organizer, guide or instructor;
c.
have the appropriate skills and authorizations (driving licence of the relevant category);
d.
ensure that the vehicle is technically sound and that protective equipment is available (including helmet, goggles, gloves, armor, off-road clothing, first aid kit, fire extinguisher, etc.);
e.
have the required insurance policies (third-party liability, personal accident insurance, medical treatment and rescue costs, extreme sports; in the case of trips abroad – Green Card);
f.
comply with safety rules, traffic regulations and environmental protection rules;
g.
adapt driving to their own skills, terrain conditions and local law;
h.
cover damage caused by them to the property of the Organizer or third parties;
i.
read and accept these Terms and Conditions and the detailed terms and conditions of the given event;
j.
cover the costs of fuel, repairs, servicing and damage caused by their own fault;
k.
not drive under the influence of alcohol or intoxicants; upon the Organizer's request, they shall undergo a breathalyzer test.
2.
The Participant acknowledges and fully accepts that, due to the nature of the Event, there is a high risk of damage, scratching or even total destruction of the vehicle and equipment belonging to the Participant.
3.
The Participant is responsible for the technical condition of their equipment and the manner of using the vehicle or equipment, taking into account mandatory provisions of law.
4.
The Participant knowingly accepts all risks associated with the Event, including the risk of injury, permanent disability and even death.
§6 Routes, GPX, program and passability
1.
In the event of terrain, weather or other obstacles preventing passage, the Participant is obliged to report this fact to the Organizer or independently change the route in a safe manner.
2.
The Organizer may provide routes or GPX files in one or more variants, depending on the nature of the given Event.
3.
The Participant shall independently choose the route and decide whether to travel a given section.
4.
The Organizer shall exercise due diligence in preparing routes and GPX files; however, it does not guarantee the absence of topographical errors, temporary traffic restrictions or the full passability of all sections.
5.
Terrain and weather conditions, safety considerations, decisions of the authorities or circumstances beyond the Organizer's control may require changes to the route, the order of program points, travel times or the standard of accommodation.
6.
The map and routes (GPS/GPX tracks) are for reference only. The final route may be subject to change.
7.
There is no guarantee that all sections will be passable or that the pace of travel will remain constant.
8.
Daily distances indicated in the offer materials are approximate.
9.
The Participant acknowledges that the expedition route in GPX file format is prepared on the basis of publicly available topographic, cartographic and satellite data and may contain inaccuracies, impassable sections and places that are difficult or risky to traverse.
10.
The Participant acknowledges that the legal status of roads and areas may change at any time without notice to the Organizer. The GPX file is for auxiliary purposes only.
11.
The Participant is obliged to verify signage in the field each time and comply with applicable prohibitions and restrictions.
§7 Safety and exclusion from participation/driving
1.
The Organizer may exclude the Participant from all or part of the Event, in particular from driving, riding, training or using equipment (while maintaining the services covered by the Agreement that may still be provided, in particular accommodation, meals or transfers, if applicable) in the event of:
A.
appearing to drive or operate a vehicle while intoxicated or after consuming alcohol;
B.
appearing to drive or operate a vehicle under the influence of intoxicants, psychoactive substances or other substances reducing psychophysical performance;
C.
refusal to undergo a breathalyzer test or other test verifying sobriety or fitness, if the Organizer considers it justified by safety reasons;
D.
lack of required protective equipment or refusal to use it, in particular: helmet, goggles and other protective equipment indicated in the Agreement;
E.
gross violation of local law, safety rules or instructions issued by the Organizer for safety purposes;
F.
lack of minimum off-road driving skills, if in the Organizer's opinion this poses a real threat to the safety of the Participant or other persons.
2.
Exclusion from all or part of the Event shall not constitute grounds for claiming a refund of the price for unused drives and off-road sections, provided that the remaining services are performed or remain available to the Participant in accordance with the Agreement and applicable law.
§8 Transport of vehicles and logistics
1.
The provisions of this paragraph apply only in the case of Events in which the Organizer provides or intermediates in the organization of transport of vehicles or equipment.
2.
Transport of vehicles is carried out by third parties.
3.
The Participant shall deliver the vehicle to the loading point in Poland by the date indicated by the Organizer, prepare it in accordance with safety requirements and provide the necessary documents.
4.
Based on applicable law, the carrier's requirements, the insurer's requirements and the formal and local requirements at the place of transport, the Organizer shall provide the Participant with information on the documents and data necessary for the transport of the vehicle (in particular concerning the vehicle and the Participant) and the deadline for their submission.
5.
The Participant undertakes to provide the indicated documents and information in the required form and by the deadline indicated by the Organizer.
6.
In the event of a change in formal requirements (e.g. a change in regulations or carrier requirements), the Organizer may update the list of documents, of which the Participant will be informed.
7.
Failure to provide the required documents or late submission may result in a delay or inability to carry out the transport of the vehicle.
8.
Prohibition on transporting undeclared and prohibited items (including fuel in cans, aerosols, loose batteries), unless they meet the carrier's requirements.
§9 Conclusion of the Agreement, payments, price, currency
1.
Booking is made via the online form and payment of a reservation fee of up to 30% of the price within 7 days of making the booking.
2.
The amount of the reservation fee (deposit) is determined separately for each offer.
3.
Payment of the remaining balance of the full price:
A.
no later than 14 days before the start of the Event – for offers within the territory of the Republic of Poland;
B.
no later than 25 days before the start of the Event – for foreign offers.
4.
In the case of a booking made 14 days (domestic events) or 30 days (foreign events) before the start of the Event or later, payment of the full (100%) Event price is required.
5.
Payment may be made by bank transfer or payment card via the Stripe system.
6.
In the event of non-payment by the deadline, the Organizer may, after prior request for payment and setting an additional deadline, withdraw from the Agreement.
7.
The Event price is specified in PLN, EUR or USD.
8.
In the case of foreign expeditions where the price is specified in EUR or USD, payment in PLN is permitted only after prior notification of this intention to the Organizer before making the payment.
9.
In the case of payment in PLN for an Event priced in a foreign currency, the Organizer shall provide the Participant with the amount payable in PLN, calculated on the basis of the price in the relevant foreign currency according to the NBP average exchange rate – table A – on the date the funds are credited, unless the offer or detailed agreement provides otherwise.
10.
A payment in PLN made without first obtaining from the Organizer the amount payable in PLN may result in an underpayment.
11.
In the event of an underpayment, the Participant undertakes to settle it immediately, no later than within the period indicated in the Organizer's request.
12.
Public-law charges and supplier costs are settled according to the rates applicable on the date of charging.
§10 Price change, minimum group, cancellation, transfer, termination
1.
Prices and payment terms are determined individually for each event.
2.
Price changes are possible only due to fuel or transport energy costs, taxes and fees, exchange rates – and no later than 20 days before the start of the Event.
3.
In the event of a price change, the Organizer shall inform the Participant on a durable medium together with the justification. The Participant shall be entitled to the rights provided for in the Act on Tourist Events.
4.
The Participant may withdraw from the Agreement at any time, bearing the Organizer's justified costs in accordance with the agreed flat rates:
a.
up to 60 days – 15% of the price;
b.
up to 59–35 days – 35% of the price;
c.
up to 34–21 days – 65% of the price;
d.
up to 20–8 days – 85% of the price;
e.
≤7 days – 100% of the price.
5.
Transfer of the booking to another person is possible in accordance with the provisions of the Act on Tourist Events. A notice submitted no later than 7 days before the start of the Event shall be deemed submitted within a reasonable time. In the case of named services or services requiring prior confirmation, in particular airline tickets, the Organizer shall inform the Participant of the actual, justified costs of the transfer or of any limitations arising from the suppliers' terms.
6.
The Participant and the transferee shall be jointly and severally liable for the price and justified transfer costs.
7.
The minimum number of participants, vehicles or other conditions for launching the Event is specified in the offer, detailed terms and conditions or the Agreement relating to the given Event. Unless otherwise stated, the minimum number of participants is 10 persons and 10 vehicles in the case of vehicle events. If the threshold is not met, the Organizer may cancel the Event, informing the Participant sufficiently in advance in accordance with the Act.
8.
The Organizer may cancel the Event due to the lack of the minimum number of participants or force majeure, informing the Participant no later than:
a.
20 days before the start of an event lasting more than 6 days;
b.
7 days before the start of an event lasting 2–6 days;
c.
48 hours before an event lasting less than 2 days.
9.
In the event of cancellation of the Event, the Organizer shall refund the full payment within 14 days.
10.
The number of places is limited, and participation is determined by the order of applications and payments.
§11 Personal data and image
1.
The controller of the Participant's personal data is the Organizer. The data are processed in accordance with the GDPR to the extent necessary for the performance of the Agreement.
2.
The Organizer may record the course of the Event in the form of photographs and recordings.
3.
The Participant may consent to the free use of their image recorded during the Event for the Organizer's promotional, marketing and informational purposes, in particular on the website, in social media and in promotional materials.
4.
If consent is granted, it covers a period of 5 years and the territory of the entire world.
5.
The Participant may withdraw consent at any time by sending an e-mail to:
office@rally.travel office@rally.travel
6.
In the absence of consent or upon withdrawal of consent, the Organizer undertakes not to use the Participant's image in new publications and, where possible, to remove or anonymize the image in digital materials under its control.
§12 Liability of the Organizer
1.
The Organizer is liable for the proper performance of the services covered by the Agreement, in accordance with the provisions of the Act on Tourist Events.
2.
The Organizer shall not be liable for damage resulting from:
a.
the sole fault of the Participant;
b.
acts of third parties unrelated to the performance of the services;
c.
force majeure or extraordinary circumstances.
3.
Unless mandatory provisions of law provide otherwise, the Organizer's liability for damages towards the Participant arising from non-performance or improper performance of the Agreement may be limited to three times the total price of the Event in relation to the given Participant. This limitation does not apply to personal injury or damage caused intentionally or through gross negligence.
4.
Subject to mandatory provisions of law, the Organizer shall not be liable for lost profits, private bookings unrelated to the Agreement or equipment failures outside the scope of its services.
§13 Insurance and assistance
1.
The Organizer does not provide KL and NNW insurance valid within the territory of the Republic of Poland.
2.
The Organizer holds financial security and pays contributions to TFG and TFP.
3.
The Organizer provides KL and NNW insurance for foreign trips within the basic scope (standard - tourist). This insurance does not cover risks associated with amateur or professional practice of high-risk sports and extreme sports, including in particular: off-road driving (UTV, SSV, Quad, Moto), motor sports, snowmobile expeditions, or the costs of rescue and search operations in difficult terrain.
4.
The Participant is obliged to purchase, on their own, an additional insurance policy extended to cover the above-mentioned risks. In the absence of such a policy, the Participant acknowledges that all rescue, medical transport and treatment costs resulting from the practice of high-risk sports shall be borne by them directly and in full.
5.
The Organizer reserves the right to verify whether the Participant holds the extended policy before the start of the Event.
6.
The Organizer may enable the Participant to take advantage of a partner offer to extend insurance coverage; however, the conclusion of such an agreement shall take place separately.
7.
The Organizer shall provide appropriate assistance to the Participant who finds themselves in an emergency situation, but may request reimbursement of actually incurred costs if the situation arose through the Participant's fault.
§14 Force majeure / unavoidable and extraordinary circumstances
1.
The Organizer shall not be liable for non-performance of the Agreement due to force majeure, in particular natural disasters, wars, epidemics, administrative decisions, failures or accidental events.
§15 Right of withdrawal from the Agreement
1.
Right of withdrawal (consumers):
a.
The right of withdrawal does not apply in the cases provided for in Article 38 of the Consumer Rights Act, in particular with regard to services related to leisure, recreational events or tourist events provided on a specified date or during a specified period.
b.
However, the Traveler may withdraw from the Agreement at any time before the start of the event, in accordance with Article 47 of the Act on Tourist Events and Related Tourist Services, bearing the justified costs of withdrawal corresponding to the expenses incurred by the Organizer in preparing the event. The amount of these costs may be determined as a flat rate in these Terms and Conditions, the detailed terms and conditions or the Agreement.
c.
In other cases (i.e. agreements not related to a tourist event on a specified date), a Participant who is a consumer has the right to withdraw from the Agreement without giving any reason within 14 calendar days from the date of its conclusion, by sending a clear statement of withdrawal to the Organizer's e-mail address:
office@rally.travel office@rally.travel
d.
In the event of effective withdrawal, the Agreement shall be terminated and the Organizer shall refund all payments received no later than within 14 calendar days from the date of receipt of the withdrawal statement.
e.
Refunds shall be made using the same means of payment used by the consumer, unless the consumer expressly agrees to another method that does not involve any costs for them.
f.
If the consumer requested that performance begin before the withdrawal period expires, they shall bear the costs of the proportionate part of the services performed up to the time of withdrawal.
2.
Limitations of the right of withdrawal
2.1.
The right of withdrawal does not apply to agreements concerning:
a.
the provision of services, if the trader has fully performed the service with the consumer's express consent before the withdrawal period expired;
b.
the cases provided for in Article 38 of the Consumer Rights Act, in particular with regard to leisure services provided on a specified date or during a specified period.
3.
Effects of withdrawal
a.
In the event of effective withdrawal, the parties shall be obliged to return everything they have mutually received: the consumer – the provision of services (if possible) or the cost proportionate to the part of the service performed, and the Organizer – the funds paid.
b.
Refunds shall be made without undue delay, no later than within 14 days from the date of effective withdrawal.
c.
If the consumer cannot return the services in an unchanged condition (e.g. has partially used the service), the Organizer may reduce the refund amount by the value of the used part of the service, unless the change in condition resulted solely from checking the nature, characteristics and functioning of the service.
§16 Complaints and non-conformities
1.
Right to make a complaint
a.
The Participant or customer has the right to submit complaints if the service (or an element of the service) was performed defectively or inconsistently with the Agreement.
b.
The Participant is obliged to immediately inform the Organizer or its representative of any non-conformity of the services with the Agreement identified during the Event, in order to enable its removal, unless this is impossible or would require excessive costs.
c.
The complaint should be submitted in writing or electronically – e-mail:
office@rally.travel office@rally.travel
within 30 days from the end of the trip.
2.
Scope and form of the complaint
a.
The complaint should include the customer's details (first name, surname, address, contract number), a description of the defect, the request (e.g. repair, re-performance of the service, price reduction) and the date and signature (if a paper document).
b.
Complaints may be submitted to the e-mail address:
office@rally.travel office@rally.travel
or to the company's registered correspondence address.
3.
Handling of complaints
a.
The Organizer shall respond to the complaint without undue delay, no later than within 30 days from the date of its receipt, and in the case of a complaint submitted during the Event – no later than within 30 days from the date of the end of the Event, unless mandatory provisions of law provide otherwise.
b.
If the complaint is upheld, the organizer undertakes to remedy the defect, re-perform the service or offer another solution (e.g. price reduction, refund of part of the fee).
c.
If the complaint is found to be justified, the costs related to its handling shall be borne by the organizer (e.g. costs of transporting documents, etc.).
d.
The response to the complaint may be provided in writing or electronically.
§17 Governing law and final provisions
1.
In matters not regulated herein, the provisions of the Civil Code, the Act on Tourist Events and the Consumer Rights Act shall apply.
2.
Disputes shall be resolved by the competent ordinary courts in accordance with the provisions of law, with due regard to consumer rights.
3.
The invalidity of any individual provision shall not affect the validity of the remaining provisions.
4.
Any amendments must be made in writing or electronically.
5.
These Terms and Conditions have been drawn up in Polish and apply to all events organized by the Organizer.
6.
The individual terms and conditions of each event constitute an addition to this document.