Terms and Conditions for Travel Services and Online Payments

1.  These Terms and Conditions set out the rules for using the travel and organisational services provided by LUXE POLAND SP. Z O.O., with its registered office at ul. Stanisława Grochowiaka 3, 42-209 Częstochowa, Poland, Tax ID (NIP): 9492280285, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy), kept by the District Court in Częstochowa, 17th Commercial Division of the National Court Register, under KRS number 0001207153, with a share capital of PLN 5,000 (the “Provider”).

2.  The Provider offers, in particular, individually designed travel programmes, accommodation bookings, transfers, private transport, guide services, admission tickets, tourist attractions, VIP airport and Meet & Assist services, and other services related to organising travel.

3.  These Terms and Conditions apply to individual clients as well as to businesses using the Provider’s services.

4.  The detailed scope of services, price, dates and conditions of a particular booking are set out in an individual offer, a booking confirmation or a contract concluded with the client.

5.  Services subject to special legislation, including package travel, are also governed by the relevant laws, in particular the Polish Act of 24 November 2017 on Package Travel and Linked Travel Arrangements, as well as by any additional documents and information required for the given type of service. The Provider is entered in the register of tour operators and of businesses facilitating linked travel arrangements and holds the financial security required by that Act.

6.  These Terms and Conditions do not exclude or limit any consumer rights arising from mandatory provisions of law.

1.  The Provider’s offer is individual in nature and is prepared taking into account the client’s needs, travel dates, number of participants, chosen accommodation, transport and the scope of the services ordered.

2.  The Provider does not publish a general, fixed price list for all services. Prices are presented to the client in an individual offer before a contract is concluded or a payment is made.

3.  The offer states the total price or the method of calculating it, the scope of services, any additional costs, payment terms and other information relevant to the booking.

4.  The client is obliged to read the offer and its terms before accepting a booking.

5.  The Provider does not charge the client any additional fees that have not been agreed in advance or that have no basis in applicable law and in the terms of the contract.

1.  The client may contact the Provider by e-mail, telephone, the contact form or any other communication channel made available.

2.  Based on the information provided, the Provider may prepare an individual offer.

3.  The conditions for accepting an offer, confirming the availability of services and concluding a contract are set out in the offer or in correspondence with the client.

4.  Receiving an offer or a payment link does not by itself mean that all reservations with individual suppliers have been confirmed. The status of the booking is communicated to the client in accordance with the agreed terms.

5.  In the case of package travel or other services subject to special statutory requirements, the Provider gives the client, before the client is bound by a contract or an offer, the required information, including the statutory standard information form (sent to the client by e-mail together with the offer), and, after the contract is concluded, its confirmation on a durable medium, as provided by law.

1.  Payments for the Provider’s services may be made through individual payment links sent to the client electronically, in particular by e-mail.

2.  Payment links are generated to settle amounts due under an individual offer, a booking or a concluded contract.

3.  A payment link may relate to the full price, a deposit, a subsequent agreed instalment or another amount resulting from the terms of a particular booking.

4.  Before making a payment, the client is informed of the amount, the currency, the payment deadline and the reason for the payment.

5.  Online payments are processed through the ING Pay payment gateway, provided by ING Bank Śląski S.A., in accordance with the terms applicable to that service.

6.  The client should pay only through the link received from the Provider or another payment channel expressly indicated in the individual offer.

7.  The payment date is the moment the transaction is confirmed, in accordance with the rules applicable to the chosen payment method and the booking terms.

8.  In case of problems with making a payment, the client should contact the Provider to agree on how to proceed.

9.  Regardless of the payment method used, the terms of the particular contract and applicable law apply.

1.  The Provider offers online payments through ING Pay.

2.  Depending on the service configuration, the contract and availability for a given transaction, the client may use the following payment methods:

–  BLIK;

–  instant bank transfers (Pay-By-Link);

–  Visa and Mastercard payment cards;

–  Apple Pay and Google Pay;

–  Click to Pay;

–  other methods made available on the ING Pay payment page.

3.  The payment methods currently available are shown to the client on the payment page before the transaction is approved.

4.  The availability of individual methods may depend on the currency, the type of transaction, the country in which the payment instrument was issued and the payment operator’s terms.

5.  If an individual offer provides for another payment method, its terms are communicated to the client before payment.

1.  Payment deadlines, the amount of any deposit, any partial payments and the deadline for paying the remaining amount are set out in the individual offer or contract.

2.  If the client does not pay by the agreed deadline, the Provider may contact the client to clarify the situation and apply the terms provided in the contract and in applicable law.

3.  Non-payment may affect the ability to keep a booking if this results from a supplier’s terms or from the contract with the client. The client is informed of the relevant terms before the contract is concluded.

4.  Any consequences of a payment delay are determined taking into account the nature of the service, the booking terms and applicable law.

1.  The rules for changing or cancelling a booking and the terms of refunds are set out in the individual offer, the contract or the terms applicable to the given service.

2.  For services provided by third-party suppliers, such as hotels, carriers, attraction organisers or airport service operators, the possibility of change, cancellation or refund may depend on the given supplier’s terms.

3.  The client is informed of the applicable cancellation terms and any costs before the contract is concluded or the booking is made.

4.  If the client is entitled to a refund, the Provider makes it in accordance with the terms of the contract, the applicable rules of the payment operator and applicable law.

5.  For package travel and other contracts subject to special legislation, the relevant statutory rules on withdrawal, termination and settlement apply.

6.  The fact that a payment was made through ING Pay does not change the cancellation or refund terms set out in the contract and applicable law.

1.  The rules for withdrawing from a contract depend on the client’s status, the type of contract concluded and applicable law.

2.  For contracts concluded with businesses, in particular travel agencies, tour operators and other entities acting in the course of their business, the rules for cancelling bookings, giving up services and any refunds are set out in the accepted offer, the booking confirmation or a separate contract, subject to mandatory provisions of law.

3.  For natural persons concluding a contract directly with Luxe Poland sp. z o.o., including natural persons running a business, the provisions on the right of withdrawal apply to the extent that they are applicable to the given contract and client.

4.  A natural person concluding a contract directly related to their business activity that is not of a professional nature for them may be entitled to the consumer rights set out in Article 7aa of the Polish Act of 30 May 2014 on Consumer Rights, under the rules and to the extent provided in that Act.

5.  The right of withdrawal may be excluded only in cases provided for by applicable law. In particular, for certain accommodation, transport, catering or leisure services, where the contract specifies a date or period of performance, statutory exceptions to the right of withdrawal may apply.

6.  Contracts for package travel and linked travel arrangements are governed by the relevant special provisions. The provisions of this section do not limit any rights that the client cannot waive under applicable law.

1.  Services are performed in accordance with the scope, dates and conditions agreed with the client.

2.  Organisational information, confirmations, vouchers, tickets and other documents may be delivered electronically.

3.  The client should provide the correct data needed to carry out the booking and inform the Provider of any changes that may affect the performance of the services.

4.  If the service requires travel documents, compliance with entry requirements or other formalities, the client should follow the information provided in the offer and by the relevant suppliers.

5.  Changes resulting from circumstances beyond the Provider’s control are handled in accordance with the contract and applicable law.

1.  The client may submit a complaint concerning the services provided by Luxe Poland sp. z o.o., the performance of a concluded contract or settlements relating to an order.

2.  Complaints may be submitted:

a)  electronically to: info@luxepoland.pl;

b)  in writing to the registered office of Luxe Poland sp. z o.o. indicated in these Terms and Conditions.

3.  To allow the complaint to be handled efficiently, the client is advised to provide their details, contact details, the offer or booking number, a description of the issues and the resolution they expect. Missing some of this information does not prevent the complaint from being handled if its subject and the client can be identified.

4.  Luxe Poland sp. z o.o. handles complaints without undue delay, within the deadlines resulting from the provisions applicable to the given contract and category of client.

5.  Where Article 7a of the Polish Act on Consumer Rights applies, a reply to the complaint will be given within 14 days of receiving it. The reply will be provided on paper or on another durable medium.

6.  Complaints concerning package travel or linked travel arrangements are also governed by the relevant special provisions. Where Luxe Poland sp. z o.o. acts as a tour operator, complaints concerning the performance of the package are handled taking into account the organiser’s obligations under the law.

7.  For contracts concluded with businesses, in particular travel agencies and tour operators, complaints are handled taking into account the terms of the accepted offer or the concluded contract and applicable law.

8.  The provisions of this section do not exclude or limit the statutory rights of clients, including the rights of consumers and of natural persons running a business to whom the law grants certain consumer rights.

9.  A consumer may use out-of-court complaint and redress mechanisms available under Polish law, in particular mediation, an arbitration court, or the assistance of a county (municipal) consumer ombudsman or the Provincial Inspectorate of Trade Inspection. Using them is voluntary.

1.  The Provider mainly supplies travel and organisational services, not the sale of physical goods requiring standard courier delivery.

2.  Booking confirmations, travel documents, vouchers and organisational information may be delivered to the client electronically, with no separate charge for sending them.

3.  The costs of transport, transfers, tickets or other services included in an individual offer are stated in the offer or contract before payment is made.

4.  If a booking involves additional charges, the client is informed of them before the contract is concluded or as required by applicable law.

1.  Clients’ personal data is processed to handle enquiries, prepare offers, carry out bookings, process payments, handle complaints and comply with legal obligations.

2.  Data necessary to process payments may be shared with payment operators and the relevant institutions to the extent required to handle the transaction.

3.  Detailed information on the processing of personal data, the rights of data subjects and the controller’s contact details is available in the Privacy Policy published on the Provider’s website.

4.  Payment data is handled in accordance with the security rules and terms applicable to the chosen payment method.

1.  Matters not regulated in these Terms and Conditions are governed by Polish law, subject to mandatory provisions protecting consumers.

2.  No provision of these Terms and Conditions excludes or limits consumer rights that cannot be excluded or limited by law.

3.  In the event of a conflict between these Terms and Conditions and an individual contract, the relevant provisions of the contract prevail to the extent permitted by applicable law.

4.  These Terms and Conditions are made available on the Provider’s website in a way that allows the client to read them.

5.  The Provider may update these Terms and Conditions for important reasons, in particular a change in law, in the way services are provided or in payment processing. Changes do not affect rights acquired under contracts concluded before they take effect; a contract is governed by the version of the Terms and Conditions in force on the day it was concluded.

6.  This English version is provided for the convenience of international clients. In case of any discrepancy, the Polish version (Regulamin) prevails.