Terms and Conditions of Participating in an Entertainment Event
Article 1 Definitions:
For the purpose of these Terms, the following terms have the meaning set out below:
MK Wints – abbreviated name/s/ of the company (hereinafter, the “Company”), with the following registered address: Ludwiki 4/28 in Warsaw, Tax Identification Number (NIP): 113-014-66-95, Statistical Number (REGON): 360597360 , operating the website corpoland.com;
corpoland.com – a website used by the Company to provide information about its activities and sell entertainment events (hereinafter, the “website”);
Client - an individual acting on his/her own behalf or on behalf of a business and placing an order for a given entertainment event;
Participants - a group of people participating in an entertainment event organized by the Company in accordance with the Terms and the applicable laws;
Final voucher - email confirmation of the conclusion of a contract to organize an entertainment event, which sets out the main features of the service and the method of communication with the Client, as well as the key points hereof;
Terms and Conditions - these terms and conditions (hereinafter, the “Terms”).
Article 2 General Provisions
These Terms set forth the general terms, rules and procedure of concluding contracts concerning entertainment events organized by the Company.
The Terms apply to all entertainment events organized by the Company.
All participants in an entertainment event (hereinafter, the “event”) who choose to use the Company’s services are required to familiarize themselves with these Terms. The Client agrees to communicate the contents of these Terms to event participants.
The Company agrees to exercise due diligence in performing the service and to ensure proper communication with the Company’s employees, including the guide.
Article 3 Subject of the Contract, Payment Deadline, Conclusion and Amendment of the Contract
The service is purchased directly on the website, where, upon reviewing the key features of the service, including the subject and price of the service, the Client selects the event, the accompanying attractions, specifies the initial number of participants and date of the event, and pays a deposit of 20-100% of the total price, depending on the type of attraction. The outstanding amount will be paid no later than 7 days prior to the date of the event or, if so agreed by the parties, at the gathering point before the event kick-off.
The contract to organize the event will be concluded after the payment of the deposit, in the amount determined in accordance with Article 3 item 1 of the Terms, is credited to the Company’s bank account or the Company’s account for processing online payments (e.g. Dotpay).
Upon entering the deposit payment, the Client will be emailed the final voucher referred to in Article 1 item 5 hereof. If any changes are made to the order, in particular with respect to the number of participants, date of the event and other factors not specified here, the Company will amend the voucher accordingly and send it to the Client.
The parties to the contract referred to in Article 3 item 2 of the Terms are: MK WINTS and the Client or the business represented by the Client.
The event may be booked and purchased upon reviewing and accepting the Terms. Payment of the deposit will be deemed to mean that the Client, the business represented by the Client and all of the participants agree to and accept all the Terms.
If requested to do so by the other party, the Company will issue and send out a pro forma VAT invoice. At the request of the other party, submitted within the time frames specified in the applicable laws, a VAT invoice will be issued and sent out.
The attraction timelines provided are tentative and may vary depending on group size, date etc.
Due to the time required to carry out the order, the contract referred to in Article 3 item 2 of the Terms should be concluded and the accompanying attractions should be selected no later than two weeks before the event commences. Even after the deadline elapses, the services recommended by the Company may be used if the desire to do so is communicated in advance (preferably by phone) to the Company in order to determine the dates of the attractions.
The final number of participants should be submitted no later than 7 days prior to the scheduled date of the event/attraction. If the number of persons actually participating in the event is lower than the number specified by the Client, the party for whom the event is being organized is required to pay the full amount determined for the final number of participants specified. If the number of persons actually participating in the event is higher than the number specified by the Client, the party for whom the event is being organized is required to pay, in addition to the full amount determined for the final number of participants specified, also the amount determined for a given event/attraction and related to the involvement of additional persons whose participation had not been notified in advance by the Client.
Where a given event/attraction has a minimum number of participants, if the number of participants is lower than specified in Article 3 item 8 sentence 1 hereof, the party for whom the event is being organized must pay the price for the minimum number of participants required for the event/attraction to take place.
If the number of participants is lower than specified in Article 3 item 8 hereof, the Company will make every effort to offer the other party favourable pricing for the event, taking into account the lower number of participants actually participating in the event. This may depend on when the Company was notified that the number of participants would be lower.
If the number of participants is higher than specified in Article 3 item 8 sentence 1 hereof, the Company, to the extent necessary, will make every effort to ensure that persons who were not initially specified as participants are also able to participate in the event/attractions, subject to Article 3 item 8 sentence 3 of the Terms. Whether or not a modified order can be fulfilled may depend on when the fact that more persons than initially stated would be attending the event is communicated to the email address or telephone number featured on the Company’s website during the Company’s business hours or to the guide’s phone number on business days.
The Company will make every effort to meet the Client’s expectations with respect to replacing the event/attraction with a different event/attraction or rescheduling the event/attraction, if such expectations are communicated after the contract is concluded. These types of issues are handled on a case-by-case basis and the final decision depends on the circumstances and is made by the Company’s management.
An offer on a website is not a commercial offer, as defined in the Polish Civil Code, and is provided for information purposes only. This provision is not included for the purpose of misleading anyone, but due to the fact that there is a risk of human error, despite efforts to prevent its occurrence. By doing so, the Company reserves the right to an error or mistake.
Article 4 The Right to Rescind by the Party for Whom the Event Is Being Organized
Preliminary bookings for which a party has not paid a deposit are not binding. Parties may modify such orders, e.g. in terms of the number of persons attending the event, or cancel the booking, at no charge.
The party for whom the event is being organized may rescind the contract without stating the cause. If the contract is rescinded no later than at 12:00 pm on the Monday preceding the event, the deposit will be forfeited. If the contract is rescinded or the number of participants is modified after the lapse of that deadline, the party must pay an amount corresponding to the actual expenses incurred by the Company in organizing the event. In such cases, the outstanding amount must be paid within 7 days of rescinding the contract. If this deadline is not met, the Company will begin to charge statutory interest.
In the case referred to in Article 4 item 2 of the Terms, if the Company is notified in advance about the decision to rescind the contract, the parties may enter into negotiations to arrive at the most mutually beneficial agreement possible regarding the payment of the price. In particular, as part of the negotiations, the Company may suggest issuing a voucher redeemable by the other party at a different time.
If either party fails to perform the contract, the other party may rescind the contract without specifying an additional deadline and retain the deposit, and if the rescinding party itself paid the deposit, it may demand a full refund.
The consumer is not entitled to rescind a contract concluded remotely, pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended), due to the fact that the contract specifies the date or time frame during which the service is to be performed.
Any amounts due under the Terms will be collected at the debtor’s expense.
Article 5 Terms and Conditions of Participating in Events, Terms and Conditions of Performing the Contract
All event participants must be 18 years old or older. It is the Client’s responsibility to enforce the above requirement. The Company is not liable for any minors in attendance at the event.
During the event, the Company reserves the right to demand that any participants who fail to observe the Terms or follow any reasonable instructions or guidance in a given situation from the Company’s employees, employees of subcontractor companies and associates (shooting range instructors, guides, dancers, artists, venue staff and other persons not specified herein), or who conduct themselves inappropriately or impolitely in view of the principles of social conduct (e.g. by destroying the equipment owned by the Company or associated companies), be asked to vacate the event/attraction venue. In such cases, the amount paid thus far for the event will not be refunded or reduced.
The party for whom the event is being organized agrees to cover any and all expenses resulting from the damages caused by the event participants in accordance with the estimate drawn up at the site of the damage. Any losses must be assessed in writing immediately upon their occurrence. Such documents will also constitute a request for payment and require the party for whom the event is being organized to pay the damages (amount of loss) specified therein. If the amount of damages is not paid upon assessment of the loss incurred, statutory interest may be charged on the amount of loss assessed.
In extraordinary circumstances, when the contract cannot be performed, i.e. for instance, when the subcontractor discontinues its operations, the Company will be entitled to rescind the contract within two days of its conclusion or of the date on which the Company is notified that the contract cannot be performed. The company will refund the full amount paid to the party for whom the event was being organized.
In extraordinary cases, if the venue and time of the event must be changed for reasons not attributable to the Company (e.g. severe weather conditions, road conditions, illness or emergencies affecting the persons involved in organizing the event who cannot be replaced, a sudden failure/outage or other emergencies etc.), the Company will communicate it to the Client immediately upon the occurrence of any of the above circumstances. In such cases, all the provisions and obligations hereunder remain unchanged.
Under extraordinary circumstances, if the Company is forced to cancel the event (e.g. due to a force majeure event or a time of national mourning), if the parties fail to agree on a different date for the event, the Company will refund to the party for whom the event is being organized the balance of the amount paid thus far and the expenses actually incurred by the Company. In such cases, the Client, participants or businesses for whom the event was being organized are not entitled to any claims for damages against the Company.
If the subcontractors (such as clubs etc.) reserve the right to define the rules of participation in a given event, e.g. customer screening, participants whose appearance is not in line with the dress code imposed by the subcontractor (e.g. wearing sports shoes, white socks, flip-flops, sandals, chains, tracksuits etc.), are heavily intoxicated (whether with alcohol or drugs) or fail to observe any other rules, may be prevented from attending the event. In such cases, neither the participant nor the party to the contract is entitled to a refund. The Company recommends that intoxicated participants be provided an option to safely return home. To learn about each subcontractor’s terms and conditions of attending the event, please contact the guide.
Article 6 Insurance
The Client and participants attend events organized by the Company and accompanying attractions at their own risk and of their own volition.
The Company’s third-party liability insurance, both in tort and contract, is included in the cost of the event.
The Client may take out accident insurance with the Company or a third-party provider. In taking out insurance with the Company, the Client represents, by paying the deposit, that he/she has reviewed the General Terms and Conditions of Accident Insurance available on the Interrisk website at https://www.interrisk.pl/dla_firm/osobowe/nnw/.
Some of the attractions offered by the Company, such as skydiving, zorbing or ATV tours, as well as others not listed herein, are deemed by insurance companies to constitute extreme sports and are not subject to insurance coverage. Insurance coverage is also excluded for participants who are under the influence of alcohol or drugs. In order to protect against the above circumstances, appropriate additional insurance coverage should be taken out with an insurance company.
The Company represents that the majority of its subcontractors have basic third-party liability coverage.
The Company notes that each participant in the events/attractions must have valid health insurance coverage in the Republic of Poland.
In view of regulations concerning the right of rescission, as set out in Article 4 item 2 of the Terms, if the contract needs to be rescinded due to illness, insurance should be used for this purpose. Please note that many credit card issuers offer similar coverage as an option. For more details please contact your bank or insurance company.
Article 7 Complaint Process
The party for whom the event was being organized may submit complaints about the contract concluded with the Company to: firstname.lastname@example.org or by mail to the Company’s address. A valid complaint should, as a minimum, contain the following information:
a. name, surname, address, email address of the party for whom the event was bring organized,
b. date of concluding the contract to which the complaint pertains,
c. subject of the complaint and the party’s claim against the party for whom the event was being organized,
d. a description of all the facts supporting the complaint.
2. If the information or details provided in the complaint need to be supplemented, prior to handling the complaint, the Company will request that the complaining party supplement the complaint accordingly.
3. The Company will process the complaint within 14 days of its receipt in its complete version or from the time it is supplemented in accordance with Article 7 item 2 hereof, in order to protect the legitimate interests of the complaining party.
4. A response to the complaint will be sent to the email address or residence/registered address of the party for whom the event was being organized, as specified by the complaining party.
Article 9 Online Payments
The Company represents that the online payments involved in entering into the contract will be processed by Dotpay S.A. with its registered office in Kraków (30-552) at ul. Wielicka 72, entered in the Commercial Register kept by the District Court for Kraków-Śródmieście in Kraków, Division XI Commercial, under KRS number 0000296790, Statistical Number (REGON) 240770255, Tax Identification Number (NIP) 6342661860.
Article 10 Final Provisions
In matters not regulated herein the provisions of the Polish Civil Code will apply.
The parties agree to resolve any disputes arising from the performance of the contract out of court, as a first resort (e.g. by way of mediation).
The parties agree that if no agreement is reached, any disputes or claimed arising from or related to the performance, breach, termination or invalidity of the contract will be settled by the court having jurisdiction over the registered office of the Company.
For contracts concluded with consumers, any disputes or claims referred to in Article 10 item 3 hereof will be heard by a competent court in accordance with the Polish Civil Procedure Code.
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, please find below the link to the ODR platform: ec.europa.eu/odr
The ODR platform is, among other things, a source of information about the dispute resolution options available for disputes that may arise between businesses and consumers.
Please note that you can contact us at our email: email@example.com
The Company processes personal information for the purpose of providing services and concluding and performing contracts. Customers may access, modify and delete their personal information.