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GTC

General Terms and Conditions of Travel

General Terms and Conditions of Travel

Cracovia Reisen GmbH
ul. Kielecka 19, 31-523 Kraków, Poland

(GTC) Cracovia Reisen GmbH

The following information and terms govern, insofar as they have been effectively agreed, the contractual relationship between you and Cracovia Reisen GmbH (hereinafter referred to as CR).

These GTC apply to travel contracts concluded on or after 4 December 2025.

1. Scope

1.1. These GTC will be sent and made available to the booking party—and, upon request, also to the registered travellers—before a booking is made. Both the preparation of an individual travel offer and CR’s acceptance of a group travel booking, as well as the conclusion of a contract, are subject to the condition precedent that the booking party accepts the applicability of these GTC for themselves and for the travellers registered by them and approves them by not raising an objection.

1.2. These GTC do not apply to individual services arranged by CR, travel services that do not constitute a package, or the arrangement of linked travel services.

2. Booking and confirmation

2.1. By submitting a booking, which may be made in writing by electronic means, the booking party makes CR a binding offer to conclude a package travel contract for a group or study tour on the basis of the service descriptions, pre-contractual information and prices stated in a written offer. The contract is concluded when CR’s declaration of acceptance is received. Acceptance is not subject to any particular form. At the time of conclusion of the contract, or immediately thereafter, the booking party will receive confirmation of the contract from CR (travel confirmation), containing all essential details of the travel services booked by the booking party. If both parties are present at the same time, for example at a travel agency, the confirmation will be provided in paper form; otherwise, it may also be provided on a durable electronic medium.

2.2. If the confirmation differs from the content of the booking, this constitutes a new offer from CR, by which CR will remain bound for 7 days from the date it is received by the booking party. The contract is concluded on the basis of this new offer if CR has pointed out the change in connection with the new offer and has fulfilled its pre-contractual information obligations, and if the booking party or traveller accepts the new offer within the binding period, either expressly or through conclusive conduct, such as making a payment towards the travel price.

2.3. Unless otherwise agreed, the booking party generally makes the booking in their own name, including with regard to the participants named in the booking. If the booking party is a teacher at a public or private educational institution, they act, unless otherwise agreed, as the representative and authorised agent of the relevant education provider.

2.4. The booking party is liable for the contractual obligations of the registered travellers in the same way as for their own obligations, provided that the booking party has assumed such liability by means of an express and separate declaration.

2.5. If, by way of exception, the booking party acts as a representative of the individual travellers, the travellers must be named and their addresses provided. Nevertheless, the booking party remains liable to CR for performance or damages if, in the case of underage participants, the travel contract does not become effective due to the absence of consent or approval from their legal representatives.

2.6. The pre-contractual information provided by CR concerning the essential characteristics of the travel services, the travel price and all additional costs, payment arrangements, minimum number of participants and standard cancellation charges will form part of the package travel contract unless the parties expressly agree otherwise.

2.7. Under the statutory provisions applicable to package travel contracts concluded at a distance, for example by letter, telephone call, email, telemedia or online services, there is no statutory right of withdrawal; only the statutory rights of cancellation and termination apply. A right of withdrawal does, however, exist if the contract was concluded away from business premises, unless the negotiations on which the conclusion of the contract was based were conducted at the consumer’s prior request; in the latter case, there is no right of withdrawal.

3. Services and changes to services

3.1. The services contractually agreed by CR are set out in detail in the offer prepared for the planned trip, the pre-contractual information and the corresponding details in the travel confirmation. The information contained in the offer is generally binding on CR to the extent that it became the basis of the travel contract. Local and hotel brochures and online descriptions not published by CR are not binding with regard to CR’s obligation to provide services.

3.2. CR is entitled to amend the agreed content of the travel contract for legally permissible reasons and, in particular, reserves the right to replace the airline, change the aircraft and change the accommodation within the same category. This reservation applies only where such a change to the services is necessary. Changes to or deviations from individual travel services forming part of the agreed content of the travel contract, as well as changes to times and timetables for coach, air and ferry connections that become necessary after conclusion of the contract and are not brought about by CR contrary to good faith, are permissible only if such changes or deviations are not substantial and do not affect the overall character of the booked trip. Any warranty claims remain unaffected where the changed services are defective.

3.3. CR will inform the booking party and the travellers of changes to services without delay after becoming aware of the reason for the change, using a durable medium.

3.4. In the event of a substantial change to an essential characteristic of a travel service or a deviation from special requirements of the booking party that became part of the package travel contract, the booking party and the traveller are entitled, within a reasonable period specified by CR at the same time as notification of the change, either to accept the change, withdraw from the travel contract without compensation, or request participation in a substitute trip if CR has offered such a trip. The booking party may choose whether or not to respond to CR’s notification. The booking party may consent to the amendment of the contract, request participation in a substitute trip if one has been offered, or withdraw from the contract free of charge. If the booking party does not respond to CR, or does not respond within the specified period, the notified change will be deemed accepted. The booking party must be informed of this clearly, comprehensibly and prominently in the notification referred to in clause 3.3.

4. Prices and price adjustments

4.1. CR may unilaterally demand an increase in the travel price only where the contract provides for this and subject to the following provisions. A price increase may result from an increase, after conclusion of the contract, in the price of passenger transport due to higher fuel or other energy costs, an increase in taxes and other charges imposed on the agreed travel services, such as tourist taxes, port or airport charges, or a change in the exchange rates applicable to the package concerned.

4.2. CR reserves the right to adjust confirmed prices if, after conclusion of the contract, transport costs or charges for specific services, such as port or airport charges, increase for CR, or if the exchange rates applicable to the trip change, to the extent that the increase in the transport cost component, charges or exchange rate applicable per person or seat at the time the contract was concluded affects the travel price. The amount of the price adjustment will be calculated as follows: if, between conclusion of the contract and the contractually scheduled start of the trip, CR’s costs for any of the travel components referred to above change, CR will recalculate the travel price by determining the difference between the originally calculated cost component and the increased cost component and adding that difference to the original travel price without any additional surcharge. If the additional costs apply as a lump sum to the entire travel group, they will be divided among the actual participants. An increase in the travel price may be requested only up to the 21st day before the agreed departure date. CR will notify the booking party of a price adjustment without delay after becoming aware of the reason for the increase.

4.3. Price increases are permissible only if CR has clearly and comprehensibly informed the booking party of the price increase and the reasons for it on a durable medium and has provided the calculation of the increase. A price increase is permissible only if the booking party is informed no later than 20 days before the start of the trip.

4.4. Where the travel contract provides for an increase in the travel price, the booking party may demand a reduction in the travel price from CR if and to the extent that the prices, charges or exchange rates referred to in clause 4.1 change after conclusion of the contract and before the start of the trip, resulting in lower costs for CR. If the booking party has paid more than the amount due following such a reduction, CR must reimburse the excess amount. CR may, however, deduct from the amount to be reimbursed the administrative expenses actually incurred, the amount of which must be substantiated at the booking party’s request.

4.5. If the reserved price increase exceeds 12% of the travel price, the booking party is entitled, within a reasonable period specified by CR at the same time as notification of the price increase, either to accept the proposed price increase or withdraw from the travel contract without compensation. Once the period specified by CR has expired, the proposed price increase or other contractual amendment will be deemed accepted.

5. Insolvency protection and payment terms

5.1. To protect customer funds, CR has obtained an insurance guarantee from UNIQA Versicherung AG, ul. Chłodna 51, 00-867 Warsaw. The insurance guarantee gives you a direct claim against the insurer in the event of CR’s inability to pay or insolvency. In the event of inability to pay or insolvency, CR has ensured that travellers will be reimbursed for the travel price paid where travel services are not provided for that reason, as well as for any necessary expenses incurred for the contractually agreed return journey, for example by coach, air or ferry transfer. In such cases, travellers have a direct claim through the beneficiary of the insurance guarantee, the Marshal of the Lesser Poland Voivodeship, who is responsible for claims settlement and administration of the insolvency protection.

5.2. Upon conclusion of the contract, an advance payment towards the travel price is due against delivery of the confirmation. It amounts to 10% of the travel price, but no less than EUR 25 and no more than EUR 250 per booked traveller. Any differing payment arrangements, for example to secure flight allocations, will be expressly stated in CR’s individual offers. The remaining balance is due and payable 4 weeks before the start of the trip, provided it has been established that the trip will be carried out as set out in the confirmation.

5.3. If travellers fail to pay the deposit and/or the remaining balance by the agreed due dates, CR is entitled, after setting a reasonable additional period for payment, to withdraw from the travel contract and demand compensation in the amount of the standard claims set out in clause 6.1, unless a substantial travel defect already exists at that time which would entitle the traveller to terminate the contract. Travellers will receive their travel documents only after the travel price has been paid in full. Without full payment of the travel price, the traveller is not entitled to use the travel services.

6. Cancellation and termination by travellers

6.1. The traveller may cancel the trip at any time before it begins. In the event of cancellation or failure to commence the trip, CR loses its entitlement to the travel price. Instead, CR may demand reasonable compensation unless CR is responsible for the cancellation or unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect performance of the package or the transport of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond CR’s control and their consequences could not have been avoided even if all reasonable precautions had been taken. The cancellation compensation amounts are standardised in clause 6.2. When calculating the compensation claim, expenses usually saved and the normally possible alternative use of the travel services must be taken into account. The compensation is calculated on the basis of the final travel price per registered participant for the booked group size and according to the date on which the traveller’s cancellation notice is received. CR must provide reasons for the compensation at the traveller’s request. The traveller remains entitled to prove that the cancellation costs due to CR are significantly lower than the standard compensation amounts demanded by CR, also referred to as cancellation charges.

6.2. The standard cancellation charge per person is:

The relevant date for calculation of the period is the date on which the cancellation notice is received.

6.3. CR reserves the right to demand higher compensation calculated individually instead of the above standard amounts if CR proves that it incurred expenses significantly higher than the applicable standard amount. This applies in particular if cancellations reduce the group below the group size used and disclosed as the basis for calculating the price. Irrespective of the cancellation by individual travellers and the calculation of cancellation compensation, the travel price for the remaining participants, where it was agreed to depend on the group size, will be based on the number of persons actually participating. In such cases, CR is obliged to calculate and substantiate the compensation claimed in detail, taking into account the expenses saved and any alternative use of the travel services.

6.4. Any reimbursement of costs for unused travel services can be made only if the booking party or travellers have the reduced number of participants confirmed by the service providers, such as ferry companies or hotels, or have the vouchers amended. Unused tickets and vouchers must be returned to CR immediately after the end of the trip in order to obtain reimbursement.

6.5. If CR is obliged, as a result of a cancellation, to refund the travel price in whole or in part, CR must make the refund without delay and in any event within 14 days of receiving the cancellation notice.

6.6. The traveller’s right to nominate and provide a substitute participant within a reasonable period before the start of the trip by means of a declaration on a durable medium remains unaffected by the above terms.

7. Substitute person

7.1. Within a reasonable period before the start of the trip, the traveller may declare on a durable medium that a third party, referred to as the substitute person, will assume the traveller’s rights and obligations under the travel contract. Such a declaration will in all cases be considered timely if it is received by CR no later than 7 days before the start of the trip.

7.2. CR may object to the third party taking the traveller’s place if the third party does not meet the contractual travel requirements.

7.3. If a third party replaces the registered participant, CR is entitled to charge a standard processing fee of EUR 25.00 for the costs incurred by CR due to the participation of the substitute person. Any additional costs actually charged by service providers, such as airlines, will be invoiced separately. CR must provide the traveller with evidence of the amount of the additional costs incurred due to the substitution. The traveller remains entitled to prove that no costs, or significantly lower costs, were incurred as a result of the substitution.

7.4. The booking party or registered participant and the substitute person are jointly and severally liable for the travel price and the costs arising from the substitution.

8. Cancellation and termination by CR

8.1. CR may terminate the travel contract without observing a notice period if, despite a corresponding warning from CR, the traveller persistently disrupts performance of the trip. The same applies if a traveller behaves in breach of contract to such an extent that immediate termination of the contract is justified. CR nevertheless retains its entitlement to the travel price. Any additional costs of return transport must be borne by the person causing the disruption. CR must, however, deduct the value of expenses saved and any benefits obtained from an alternative use of services not used, including any reimbursements from service providers.

8.2. If the minimum number of participants specified in the relevant service description, pre-contractual information and confirmation is not reached, CR may cancel the trip up to 5 weeks before the start of the trip, with the notice being received by the booking party by that date. CR will inform the booking party and traveller if it becomes apparent at an earlier stage that the minimum number of participants cannot be reached. The cancellation notice will be sent to the booking party without delay. The traveller will then receive a refund of the travel price paid without delay and in any event within 14 days of receipt of the cancellation notice.

9. Notice of defects, remedy, price reduction and termination

9.1. If the trip is not provided in conformity with the contract, you must notify CR of the defect without delay. If you culpably fail to report the defect, you will no longer be entitled to assert your rights to a price reduction and damages. You must allow CR a reasonable period to remedy the defect unless immediate remedy is necessary or CR refuses to provide a remedy. CR may provide a remedy by supplying an equivalent or higher-quality substitute service. You may also address your request for a remedy directly to CR:

Cracovia Reisen GmbH
ul. Kielecka 19,
PL 31-523 Kraków, Poland
Tel.: +48 12 430 21 31
Tel.: +48 12 430 21 17
Email: office@cracoviareisen.com

Tour leaders, agencies and employees of service providers are not authorised by CR to confirm defects or acknowledge claims against CR.

9.2. You may demand a reduction in the travel price corresponding to the reduced value of the services if, despite your request for a remedy, travel services or substitute services accepted by you were not provided in conformity with the contract.

9.3. If CR does not provide a remedy within a reasonable period or declares that a remedy is not possible, and the trip is significantly affected as a result of services not being provided in conformity with the contract, you may terminate the package travel contract. If the contract is terminated, you retain the right to return transport where the contract included return transport. CR must bear the additional costs of return transport. Unforeseeable and extraordinary circumstances that do not concern travel services provided by CR do not entitle the customer to withdraw from the package travel contract free of charge.

10. Damages, liability and limitation of liability

10.1. If CR culpably breaches obligations arising from the package travel contract, CR is obliged to compensate you for the resulting loss. If the trip is thereby prevented or significantly impaired, you may, after unsuccessfully requesting a remedy, also claim reasonable compensation for wasted holiday time.

10.2. Within the scope of the duty of care of a prudent business operator, CR is liable for:

10.3.1. CR’s contractual liability is limited to three times the travel price for damage that is not personal injury, including liability for breach of pre-contractual, ancillary or principal contractual obligations, insofar as the damage was caused neither intentionally nor through gross negligence by CR. The limitation of liability also applies insofar as CR is responsible for damage suffered by you solely due to the fault of a service provider.

10.3.2. A claim for damages against CR is limited or excluded insofar as, under statutory provisions applicable to services to be provided by a service provider, that service provider’s liability is likewise excluded or limited. Insofar as CR is the contractual air carrier, liability is governed by the relevant provisions of aviation law in conjunction with the international conventions of Warsaw, The Hague, Guadalajara and Montreal. These generally limit the air carrier’s liability for death or personal injury and for loss of or damage to baggage.

10.3.3. CR is not liable for disruptions to services in connection with services that CR merely arranges as third-party services, for example sporting events, theatre visits, exhibitions or excursions, and that are expressly identified as third-party services or additional offers in the travel description.

12. Passport, visa and health regulations

12.1. Before conclusion of the contract, CR will inform travellers about general passport and visa requirements and health formalities of the destination country, including the approximate periods required to obtain any necessary visas, and, where applicable, will inform them of any changes up to the start of the trip. The traveller can determine from the pre-contractual information whether a passport is required for the trip or whether an identity card is sufficient. It is the traveller’s responsibility to ensure that their identity document remains valid for a sufficient period for the trip.

12.2. Travellers are responsible for obtaining and carrying the necessary travel documents, obtaining any required vaccinations and complying with customs and foreign-exchange regulations. Any disadvantages resulting from failure to comply with these regulations, such as cancellation costs, are borne by the travellers unless CR culpably failed to provide information, provided insufficient information or provided incorrect information.

12.3. CR is not liable for the timely issue and receipt of necessary visas by the relevant diplomatic mission or for any required entry or transit permits, in particular US travel authorisations under the ESTA procedure, even if travellers have instructed CR to obtain them, unless CR is responsible for the delay.

13. Travel insurance

13.1. You must take out travel insurance, including travel cancellation insurance, yourself unless it is included in the travel price and specified in the service description. The general insurance terms and conditions of the relevant insurer apply.

14. Data protection

14.1. Personal data provided to CR by the booking party and travellers will be processed and used electronically to the extent necessary to perform the contract. All travellers’ personal data will be processed in accordance with German and European data protection law.

14.2. If the booking party provides CR with personal data of other persons, in particular travel participants, the booking party must ensure that those persons have consented and that the booking party is authorised to transmit the data to CR.

15. ODR platform

15.1. The European Commission provides an online dispute resolution platform for contracts concluded online at www.ec.europa.eu/consumers/odr. The contact details of the official dispute resolution body can be accessed by the customer at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.adr.show.

16. Jurisdiction and choice of law

16.1. Kraków is the place of jurisdiction for claims against CR. The contractual relationship between you and CR is governed exclusively by Polish law. This also applies to the entire legal relationship. If, in proceedings brought against CR abroad, law other than Polish law applies to the basis of the tour operator’s liability, Polish law will nevertheless apply exclusively to the legal consequences, in particular the nature, scope and amount of the customer’s claims.

17. Severability

17.1. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. The same applies to these travel terms and conditions.

Tour operator:

Cracovia Reisen GmbH
ul. Kielecka 19
PL 31-523 Kraków, Poland
Tel.: +48 12 430 21 31
Tel.: +48 12 430 21 17
Email: office@cracoviareisen.com
Managing Director: Ryszard Kawęski
National Court Register in Kraków, KRS 0001196828
VAT ID: PL 6751819347
Last updated: 4 December 2025