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WEBSITE USAGE TERMS AND CONDITIONS („TERMS AND CONDITIONS”, “T&C”)

The following Terms and Conditions define the rules for the use and operation of the EQUITANDUM website located at the URL address https://www.equitandum.com („Website”)

The provisions of the Terms and Conditions together with the provisions of law in force in the territory of the Republic of Poland determine the rights and obligations of Website Users.

§1.    General
1.1.    These T&C apply to the services provided by EQUITANDUM in the field of:
1.1.1.    Intermediation in concluding agreements for participation in a tourist event for the benefit of Tourism Organizers, which ready-made programs are provided by tour operators and which are available on the Website..
1.1.2.    Intermediation in concluding tourist service agreements for Tourism Organizers or tourism service providers, which ready description and scope of the service is provided by Tourism Organizers or service providers and which are available on the Website.
The T&C also define the terms of concluding and terminating agreements through EQUITANDUM, forms and methods of payment as well as the procedure for complaint proceedings.
1.2.    Verbal or written information, including commercial information, presented prices, materials, including brochures, folders and catalogs presented on the EQUITANDUM Website and sent by EQUITANDUM to the e-mail address provided by the Client are only an invitation to enter into a agreement and do not constitute an offer within the meaning of Article . 66 and subsequent of the Act of April 23, 1964. Civil Code.
1.3.    The functions and information provided to support the search for a tourist event or a tourist service are for reference purposes only. The decisive content is included in the catalog description of the tourist event provided by the Tourism Organizer.
1.4.    Photographs of horse riding centers are for illustrative purposes, therefore the actual appearance may differ from the one presented in the pictures..

 

§2.    Definitions
2.1.    Tourism organizers - a tourist entrepreneur who creates, offers for sale and realizes tourist events, directly or via another tourist entrepreneur or together with another tourist entrepreneur, or a tourist entrepreneur who passes the traveler's data to another tourist entrepreneur in accordance with art. 5 para. 1 point 2 lit. e of the Act of 24 November 2017 on tourist events and related tourist services (Journal of Laws, item 2361), with which EQUITANDUM cooperates on the basis of a concluded Cooperation Agreement.
2.2.    EQUITANDUM Barbara Szwarc registered at address Bukowińska 2/51, 02-703 Warsaw NIP 521-38-36-452, REGON 380943738, operates on the basis of cooperation agreements concluded with Tourism Organizers, constantly intermediating in the conclusion of agreements for tourist services for the benefit of Tourism Organizers.
2.3.    Website - a website located at the following address: https://www.equitandum.com, through which EQUITANDUM provides services electronically. Clients using the Website also apply to, among others, Regulations for the provision of electronic services available on the Website.
2.4.    Tourist event - a combination of at least two different types of tourist services for the same trip or holiday, meeting the conditions referred to in art. 5, paragraph 1 of the Act of 24 November 2017 on tourist events and related tourist services (Journal of Laws item 2361).
2.5.    Client - a person who uses EQUITANDUM services through the Website and intends to conclude an agreement to participate in a tourist event for his benefit or for another person, and the conclusion of this agreement is not the object of his business activity, as well as the person to whom the right to use tourist services covered by the previously concluded agreement was transferred.
2.6.    Advisor - a person representing EQUITANDUM in the process of ordering a tourist event or entering into an Agreement.
2.7.    Pre-order - initial declaration by the client to conclude an agreement on participation in a tourist event via www.equitandum.com
2.8.    Agreement – an agreement for participation in a tourist event concluded between the Client and the Tourism Organizer via www.equitandum.com
2.9.    Conditions for participation - a document prepared by the Tourism Organizer or a tourist service provider specifying the rights and obligations of the Client and the Organizer of Tourism in connection with the provision of tourist services by the Organizer. The terms of participation are an integral part of the Agreement and are available on the Website in the "Important Documents" section on each page describing a specific tourist event.

 

§3.    Reservation Policy
3.1.    Each Client is obliged to read the content and comply with the provisions of these T&C from the moment of taking any steps to use the services provided by EQUITANDUM via the Website.
3.2.    By using the services provided by EQUITANDUM via the Website, the Client accepts the conditions set out in these Regulations and bears responsibility for actions taken resulting from the use of these services.
3.3.    By using the services provided by EQUITANDUM via the Website, the Client consents to sending him by EQUITANDUM documents electronically to the e-mail address indicated by the Client and undertakes to read their content.
3.4.    The use of services provided by EQUITANDUM by the Client is possible only on her/his own behalf. If the Client does so on behalf of or on behalf of a third party, this means that they have a legally valid power of attorney to act on its behalf. For the operation of the Client on behalf of or for the benefit of third parties without a valid power of attorney or exceeding its limits, the Client bears full responsibility.
3.5.    The use of services provided by EQUITANDUM by the Client with the use of a false name or surname, and with the use of someone else's name, or name without a valid power of attorney, or exceeding its limits is unacceptable and exposes the Client to civil and criminal liability.
3.6.    The Client is obliged to acquaint himself and other participants  with information posted on the website of the Ministry of Foreign Affairs, in the Consular Information section at: http://www.msz.gov.pl/pl/informacje_konsularne/warnings/ before entering into the agreement for participation in the tourist event taking place abroad. Additionally, before the start of the tourist event, the Client and participants are obliged to read the information about the given country in terms of security, threats and conflicts and other emergency situations that are available on the above-mentioned official website of the Ministry of Foreign Affairs.
3.7.    By using the services provided by EQUITANDUM, in particular by making a pre-order or reserving a tourist event, the Client confirms that he has read the standard information form and information regarding:
3.7.1.    the main features of tourist services,
3.7.2.    prepayment in the price of the tourist event and payment of the whole price of the tourist event,
3.7.3.    the price of the tourist event with taxes and any other fees and costs, as well as information about the type of additional costs that the Client may be charged with,
3.7.4.    the minimum number of people required for a tourist event to take place,
3.7.5.    the date of notifying the Client in writing about a possible cancellation of a tourist event due to an insufficient number of applications, if its implementation depends on the number of applications,
3.7.6.    the right to terminate the agreement by the Client to participate in a tourist event at any time before the start of the tourist event for a fee and its amount,
3.7.7.    general information on applicable passport, visa and sanitary regulations as well as health requirements regarding participation in a tourist event,
3.7.8.    the trade name and address of the Tourism Organizer and the EQUITANDUM data as a tourist intermediary, as well as their telephone numbers or e-mail addresses,
3.7.9.    information about compulsory insurance or voluntary insurance to cover the costs of termination by a travel agreement for participation in a tourist event or costs of providing assistance, including costs of returning to the country in case of accident, illness or death.
At the same time, the Client confirms that he has read and accepted the provisions of these T&C and the Agreement on participation in the tourist event.
3.8.    The Client is responsible for the compliance of the personal details of the person for whom the pre-order was placed, as well as the details of the persons covered by the agreement with the data of these persons in the passport or in the National ID - for travel within the European Union.
3.9.    The Client and participants at the commencement of the tourist event are required to have valid and currently binding documents authorizing them to cross the borders of the countries covered by the tourist event program or destination of the tourist service.
3.10.    Before entering into a tourist event agreement, the Client and participants are required to read the information on the passport, visa, customs and sanitary regulations of the destination country, as well as to read the country's information on security, threats and conflicts and other emergency situations that are available on the official website of the Ministry of Foreign Affairs of polakzagranica.msz.gov.pl
3.11.    The document entitling the holder to cross the border is a passport, and in some countries an additional visa, while to countries belonging to the European Union - a National ID card or passport. A passport or National ID card is also required for children and babies. The driving license, school National ID or birth certificate do not give the right to reside in a foreign country. Check the validity of your passport, identity card and make sure you have other documents, such as visas, required by the regulations of the destination country depending on your nationality.
3.12.    The waiting time for a passport is from one month to six weeks. The waiting time for a temporary passport issued to a minor is from 3 weeks to 30 days. Due to the long waiting time for issuing documents authorizing you to cross the border (passport, National ID card, visa), please include this fact when planning a trip abroad. Participant's details (surname, first name, date of birth) entered in the travel documents (air ticket, hotel voucher, visa) must be consistent with the data in the passport or National ID card. When traveling, you must always have your passport or National ID card with you, not in your main luggage. EQUITANDUM is not responsible for persons who will not be allowed to cross the border due to reasons beyond the control of EQUITANDUM.
3.13.    Those traveling abroad are required to read the information on current health risks, related prevention and any required immunization or antimalarial prophylaxis. Current information can be found on the website of the Main Sanitary Inspectorate gis.gov.pl, as well as on the website of the World Health Organization (WHO) or the European Center for Disease Prevention and Control (ECDC). If in doubt, consult your travel doctor. In order to avoid being infected or having an infectious disease while traveling abroad and during your stay in a given country, you need to remember a few basic rules (like washing hands before meals, washing fruits and vegetables, and drinking only water coming from a safe source), whose observance will certainly help you avoid getting sick and make the trip safe.

 

§4.    Reservation of a tourist event
As part of the EQUITANDUM Website, you can make a reservation with the help of an Advisor.
4.1.    By using the search engine available on the Website, the Client specifies the parameters of the interesting tourist event.
4.2.    After displaying the search engine list with tourist events meeting the search criteria indicated by the Client, the Client chooses one of the tourist events presented on the Website.
4.3.    After carefully reading the description of the tourist event, including the information referred to in § 3.7 of these T&C, the availability of the tourist event, the Client goes to the pre-order page where the booking form is located (hereinafter referred to as the Reservation Form), which must be entered with the correct personal data of the Client necessary to make the initial order: name, surname, e-mail address, contact telephone number and information on the level of equestrian skills of each participant.
4.4.    To send a pre-order form, the Client indicates that he accepts - after reading the contents of the order form - the following documents:
A)    these EQUITANDUM Terms and Conditions,
B)    Regulations for the provision of electronic services by EQUITANDUM,
C)    Conditions of the Agreement for participation in a tourist event, and that:
D)    other information referred to in § 3.7 of the Regulations.
4.5.    After entering the data and sending the Pre-order Form to the EQUITANDUM, the Client is contacted by the Advisor to confirm the availability and to set up the initial order. The adviser sends the confirmation of placing the initial order and sends the invoice along with the data for the transfer enabling payment of the advance payment and / or payment of the full cost of the tourist event
4.6.    Making a payment for a tourist event by the Client is unambiguous to acceptance by the Client of the terms of the Conditions of Participation of the Tourism Organizer, the terms of these T&C, and the terms and conditions of the Electronic Services Provision by EQUITANDUM. For reasons of client safety, each pre-order is additionally verified by EQUITANDUM, including the calculated price for a given stay and its components, the date, the availability of the tourist event, the scope of services covered by the price with the given Tourism Organizer.
4.7.    In the event of a positive verification, EQUITANDUM approves the payment made by the client and then makes a booking of the stay with the Organizer. Upon confirmation of the booking by the Tourism Organizer, an agreement is concluded for participation in a stay between the Client and the Tourism Organizer.
4.8.    In the event of discrepancies regarding the ordered tourist stay, in particular its price, date, availability or benefits covered by the price between the placed pre-order and the source data on the Website, the Client will be notified by the Advisor via phone call or at the Client’s e-mail address. In such a case, when the Client accepts the modified conditions of the booked tourist event, EQUITANDUM will assign the payment to the price of the tourist event with modified conditions, and after obtaining any additional payment from the Client for the tourist event, EQUITANDUM will make a booking with the tourist organizer. The application of § 4 point 4.1.1.8 shall apply accordingly if the price of a new tourist event is lower, EQUITANDUM will refund the resulting overpayment to the Client. If the Client does not agree to make a change to the pre-order, then the pre- order will be cancelled by EQUITANDUM at no cost to the Client, and the amount paid for the tourist event will be refunded in full to the Client.

 

§5.    Metody płatności
5.1.    Payments should be made to the account indicated in the booking confirmation form.
5.2.    When making the transfer, in the transfer title, the Client is obliged to enter the reservation number assigned by EQUITANDUM sent to the Client electronically in the booking documents.
5.3.    In order to speed up the conclusion of the agreement, the confirmation of the transfer should be sent via email to the following email address: info@equitandum.com with the following data:
A)    Booking reference number,
B)    Client’s name and surname,
5.4.    Payments must be made on the date specified on the booking confirmation. The date of payment is the date of receiving  the funds on the bank account in accordance with § 5.1.

 

§6.    The price of the tourist event
6.1.    The price of the purchased tourist event includes all components included in the description of the tourist event, in particular:
A)    price for accomodation,
B)    price fee for additional services consistent with the description of the tourist event,
C)    taxes,
D)    other according to description.
6.2.    Pursuant to the Act of 24 November 2017 on tourist events and related tourist services, some Tourism Organizers additionally add the amount of the obligatory contribution to the Tourist Guarantee Fund, which is then transferred entirely to the Tourist Guarantee Fund. The amount of the contribution depends on the type of transport and the destination of the event and is specified in the Regulation of the Minister of Sport and Tourism of December 27, 2017 on determining the amount of the contribution to the Tourism Guarantee Fund (Journal of Laws item 2465). The contribution is:
A)    PLN 15 / person - for charter flight events with the exception of events referred to in point f;
B)    13 PLN / person - for events by other means of transport than charter flights outside Europe;;
C)    PLN 10 / person - for events by other means of transport than charter flights carried out in Europe, with the exception of events referred to in point f;
D)    7 PLN / person - for events with own travel outside of Europe;
E)    5 PLN / person - for events with own transport in Europe;
F)    0 PLN - for events carried out to countries with a land border with Poland and on the territory of Poland.
6.3.    The price of a tourist event is a agreementual price. The Tourism Organizer may reserve the right to change the price of a tourist event in accordance with art. 45 of the Act on Tourist Events and Related Tourist Services.
6.4.    The price of the tourist event is not guaranteed by the Tourism Organizer at the time of the pre-order made by the Client via EQUITANDUM, until the EQUITANDUM receives the final confirmation of the booking from the Tourism Organizer.
6.5.    Depending on the length of the time between the order and the commencement date of the tourist event, two types of payments are possible:  
6.5.1.    partial payment of the price of a tourist event consisting in the payment of an advance payment and the amount of the mandatory contribution to the Tourism Guarantee Fund in accordance with the Act of 24 November 2017 on tourist events and related tourist services in accordance with the Regulation of the Minister of Sport and Tourism of 27 December 2017. on determining the amount of the contribution to the Tourism Guarantee Fund, and then the remaining price of the tourist event
6.5.2.    payment of the total price for the tourist event and the amount of the mandatory contribution to the Tourism Guarantee Fund in accordance with the Act of 24 November 2017 on tourist events and related tourist services in the amount according to the Regulation of the Minister of Sport and Tourism on 27 December 2017 regarding the amount of the premium on the Tourist Guarantee Fund.
6.6.    Advance payment is required on date and the terms specified in the booking confirmation.

 

§7.    Forms of receipt and delivery of documents
7.1.    Travel documents related to the purchased tourist event will be delivered to the Client by EQUITANDUM electronically to the e-mail address indicated by the Client in the Reservation Form.
7.2.    In special cases, travel documents can be sent to the address provided by the Client. Travel documents cannot be delivered to the address of the post-office box indicated by the Client.

 

§8.    Conditions for changing or canceling a booking by the Client
8.1.    Making changes to the reservation or canceling the reservation by the Client after the conclusion of the agreement for participation in the tourist event is possible on the terms described in the booking confirmation, taking into account art. 43 and 47 of the Act of 24 November 2017 on tourist events and related tourist services.
8.2.    In order to change the booking or cancel a booking of a tourist event, please send the Client's name and reservation number to change or cancel the reservation by email to the email address info@equitandum.com
8.3.    When making a reservation change, the Client should take into account the possibility of occurrence of costs related to the change of the booking in accordance with the art. 43 and 47 of the Act of 24 November 2017 on tourist events and related tourist services.

 

§9.    Conditions for changing or canceling the booking by the Organizer
9.1.    The rules of changing or canceling a reservation after the conclusion of the agreement for participation in a tourist event by the Tourism Organizer take into account art. 44-46 of the Act of 24 November 2017 on tourist events and related tourist services.
9.2.    EQUITANDUM has no influence on changes in the reservation after the conclusion of the agreement for participation in a tourist event or cancellation of such a booking by the Tourist Organizer and is not responsible for them.
9.3.    Any changes to the booking after the conclusion of the agreement for participation in a tourist event or cancellation of such a reservation EQUITANDUM on the basis of a message received from the Tourism Organizer each time will inform the Client to the email address or telephone number provided in the Form.

 

§10.    After-sales service
10.1.    At any time, the Client may contact EQUITANDUM and obtain information on the status of his reservation, additional information on the agreement concluded by EQUITANDUM for participation in a tourist event or a agreement for tourism service, as well as get answers to other questions regarding the subject of the Agreement.
10.2.    The client may direct to EQUITANDUM requests or complaints related to the implementation of the tourist event. EQUITANDUM immediately transmits messages, requests or complaints from the Client to the Tourism Organizer

 

§11.    Complaints
11.1.    EQUITANDUM makes every effort to ensure that the services provided are of the highest quality. In the event of dissatisfaction with the quality of service at EQUITANDUM, the Client has the right to lodge a complaint.
11.2.    Complaints related to the quality of service by EQUITANDUM should be submitted in writing and sent by courier or postal mail to the following address: EQUITANDUM Barbara Szwarc ul. Bukowińska 2/51, 02-703 Warsaw, or to the internet address info@equitandum.com. EQUITANDUM will consider the complaint within a deadline of 30 days from the date of its receipt from the client.
11.3.    If a Client is not satisfied with the performance of the agreement by the Tourism Organizer or tourist service provider has the right to lodge a complaint in the scope related to non-performance or improper performance of the agreement by the Tourism Organizer under the conditions specified in the description provided.
11.4.    Taking into account the provisions of §10, complaints should be submitted to the address of the Tourism Organizer stated in the description of the Equestrian Center.

 

§12.    Additional insurance
12.1.    EQUITANDUM through the Website enables Clients to conclude with third parties providing insurance services a non-compulsory agreement, additional travel insurance incl. horse riding and cancellation insurance in accordance with the General Conditions of Travel Insurance available on the Website.


§13.    Personal data protection
13.1.     The administrator of personal data provided at the stage of searching for a tourist event is EQUITANDUM Barbara Szwarc, postal code 02-703, ul. Bukowińska 2/51, Warsaw, pursuant to the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection) (Journal of Laws of the European Union, No. 2016, No. 119, page 1). In connection with the conclusion and implementation of the agreement for participation in a tourist event, the personal data administrator will be the Tourism Organizer, with whom the agreement was concluded. In connection with the conclusion and implementation of the travel insurance agreement, the personal data administrator will be the Insurer with whom the agreement was concluded. EQUITANDUM will then be the entity that processes personal data on behalf of the tour operator and on behalf of the Insurer. Notwithstanding the foregoing, EQUITANDUM is the administrator of personal data necessary to promote the services offered under the legitimate interest of the controller.
13.2.    EQUITANDUM processes personal data to enable conclusion and implementation of an agreement for participation in a tourist event with the Organizer and travel insurance with the Insurer, as well as within the legally legitimate interest of the data controller for care and contact in matters related to the booked tourist event Website. The processing also takes place in order to promote the services offered by EQUITANDUM, if the Client wishes to receive commercial information from EQUITANDUM, as well as to learn about the Client's preferences, within the legitimate interest of the data controller. The data provided by the Client is also processed for the purpose of keeping accounting books and settlements concluded via EQUITANDUM through agreements for participation in a tourist event and travel insurance agreements as well as other agreements concluded with EQUITANDUM. The processing of personal data under the legitimate interest of the data controller may also entail the protection of EQUITANDUM rights and redress of claims related to business operations conducted by EQUITANDUM.
13.3.    Providing personal data by the Client is voluntary but necessary for the proper performance of the Agreement.
13.4.    Clients have the right to exercise all rights under the General Data Protection Regulation, including the right to access their personal data, rectification, deletion, restricting their processing, objecting to their processing under the privileged interest of the controller (Article 6 paragraph 1 letter (f) GDP) or for statistical purposes (Article 89 (1) of the GDPR) for reasons related to a particular situation, as well as for processing for direct marketing purposes and the right to data transfer.
13.5.    Detailed rules for the processing of personal data by EQUITANDUM are included in the tab contained in the Website: Privacy Policy.

 

§14.    Final provisions
14.1.    In matters not covered by these Regulations, the provisions of the Act of 23 April 1964. The Civil Code (Journal of Laws of 1964 No. 16 item 93, as amended) and the Act of November 24, 2017 on tourist events shall apply accordingly. related tourist services (Journal of Laws item 2361). Possible disputes will be settled amicably, and in the event of failure to reach an agreement by a common court, matter-of-fact and locally competent under the relevant provisions of law.
14.2.    By using the services provided by EQUITANDUM, the Client simultaneously declares that all provisions of these Regulations are clear and understandable for him, and he accepts them without any reservations.
14.3.    All information, data and materials made available on the Website (including, among others, names, logos and price lists, as well as colors and layout of the website) and all other intellectual property rights related to the content of websites belong to EQUITANDUM and are protected by copyright laws, trademarks, database rights or other intellectual property rights.
14.4.    These Regulations are effective from November 12, 2018.

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