Booking Conditions of Monika Baylis trading as Go Poland (“Go Poland”)

Below you will find the terms and conditions that you agree to when booking a holiday with Go Poland (“Booking Conditions”)

1. Definitions

"Booking Confirmation" means the written confirmation (supplied to You by Go Poland) of the details of the holiday to be arranged on your behalf by Go Poland

"Party" means each person who will be going on the holiday as set out in the Booking Confirmation

"Price" means the agreed price for the holiday as set out in the Booking Confirmation

"Itinerary" means your holiday itinerary as set out in the Booking Confirmation

"Us" and means Go Poland

"You" means the person making the holiday booking with Go Poland, also defined as

2. Contract

(a) Any bookings made by You shall be deemed an offer by You to purchase the relevant holiday items subject to these Booking Conditions and on behalf of all persons named in your Party.

(b) No booking is accepted by Us until We send You our Booking Confirmation setting out the Itinerary You have offered to purchase, the Price and the full names of each member of your Party.

(c) You should check the accuracy of the details set out in the Booking Confirmation, however, We shall be entitled to assume that all details are correct unless You notify Us of any errors within 48 hours. Please pay particular attention to the accuracy of the names of each person in your Party as these will be the details used to book any flight products on your behalf.

(d) The contract to purchase the holiday items is between You and Go Poland and as Party Leader You are liable to pay to Us for the full Price as set out in the Booking Confirmation in respect of each person in your Party.

(e) Please note that We purchase all flight tickets from airlines as agents for You, which means that the contract for the flight product will be between You and the airline.

3. Price

(a) We use our best endeavours to ensure that all the prices set out in our brochures and on our website are correct at the time of publication, however, we reserve the right to rectify errors in publication and You acknowledge and accept that the prices of holidays that have not been sold can be increased or decreased at any time.

(b) The Price of your holiday shall be as set out in the Booking Confirmation.

(c) Prices increases and decreases may occur after issue of the Booking Confirmation to allow for variations in:-

• (i) transportation costs (including, without limitation, the cost of fuel);
• (ii) due, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
• (iii) any changes in the exchange rates which have been used to calculate the Price of your holiday.

(d) No Price increase imposed under clause 3(c) will be imposed less than 30 days before the date of departure for your holiday as set out in the Booking Confirmation.

(e) We will only pass on to You any Price increases imposed under clause 3(c) which affect the original Price set out in the original Booking Confirmation (excluding insurance premiums) by 2% or more, and We will pass these Price increases on to You by way of surcharge and reissue You with a revised Booking Confirmation amended accordingly.

(f) Should any Price increase imposed under clause 3(c) exceed 10% of the original Price set out in the original Booking Confirmation (excluding insurance premiums) You will be entitled to cancel your booking and receive a full refund of all monies paid to Us.

(g) If You wish to cancel your booking in accordance with clause 3(f) You must notify us in writing within 14 days of the date of issue of the revised Booking Confirmation. If We do not receive such written notification of cancellation within 14 days from the date of issue of the Booking Confirmation, We shall be entitled to assume that You accept such Price increase.

4. Payment

(a) You will be required to pay a deposit for each member of your Party for the amounts and within the timescale set out in your Booking Confirmation.

(b) Where your holiday package includes a budget airline flight the deposit may include the full price of that flight.

(c) The remainder of the balance of the Price is due 8 weeks prior to the start date of your Itinerary.

(d) If your holiday is booked within 8 weeks or closer to the start date of your Itinerary full payment of the Price is required to secure the booking.

(e) Payment of any Price increase imposed under clause 3(c) shall be due at the same time that the full Price is due in accordance with the Booking Confirmation. If the Price increases are imposed after the due date for payment has passed, payment shall be due within 7 days of the issue date of the revised Booking Confirmation.

(f) All payments must be received in full in cleared funds by the due date as set out in the Booking Confirmation or in respect of surcharges by the due date as set out in clause 4(e) above.

(g) If payment in full in cleared funds is not made by the due date We shall have the right to treat your booking as cancelled by You in accordance with clause 7 by giving You written notice (that You have failed to make full payment in cleared funds by the due date and that We are treating your booking as cancelled by You in accordance with clause 7) and cancellation charges as set out in clause 7 will apply.

5. Changes by Us

(a) We will always endeavour to avoid any changes to your holiday however We may be constrained to make changes and may make minor changes without any liability to You or any member of your Party.

(b) In the event that We are constrained to make a significant change to your holiday We will notify You of such change as soon as possible and You will be given the option to cancel your holiday and all monies paid to Us will be refunded (excluding any administration charges or insurance premiums). As an alternative to cancelling your holiday altogether, provided that there is sufficient time to do so before the start date of your Itinerary, We will use our best endeavours to offer You the following options:-

• (i) a substitute holiday of equivalent or superior quality;
• (ii) a substitute holiday of lower quality (on the basis that where payment of the Price has been paid in full, We will refund to You the difference between the Price paid and the price of the substitute package and where payment has not been made in full You will only be liable to pay to Us the price of the substitute package)

(c) You must notify to Us as soon as possible whether You wish to accept the notified changes or to cancel your booking or accept an alternative holiday package pursuant to clause 5(b). If We do not receive a reply from You within 48 hours of notifying You of the relevant changes We will be entitled to assume that You have decided to accept the relevant changes to your holiday.

(d) Except with regard to offering the options as set out in clause 5(b), We will have no liability to You in respect of changes or cancellations We are constrained to make to your holiday before the start date of the Itinerary as a result of unusual and unforeseeable circumstances beyond our control the consequences of which We could not have avoided even if all due care had been exercised.

6. Changes by You

(a) If for any reason You wish to make changes to your holiday Itinerary, We will use all reasonable endeavours to accommodate those changes, although it will not always be possible to do so.

(b) If You wish to transfer the holiday to different persons than those set out in the Booking Confirmation, it will only be possible to do so where the other person satisfies all the conditions applicable to the holiday. You will remain liable to us for payment of the Price.

(c) All change requests must be made in writing by the Party Leader. A £20 administration charge will be applied to all changes made. Any other costs incurred through our suppliers as a result of making such changes will also be passed on to You (including, without limitation, the full cost of budget airline flights where applicable).

7. Cancellation by You

(a) Notwithstanding any other cancellation rights You have under these Booking Conditions and subject to our right to treat the booking as cancelled in accordance with clause 4(g), You may cancel any persons from your booking at any time by providing Us with written notification (detailing the full name of the person to whom the cancellation applies) at Go Poland's address as set out in the Booking Confirmation. Such notice must be made by the Party Leader and the following cancellation charges will apply:

• (i) where notification is received (in accordance with this clause 7) 8 weeks or more before departure: Loss of deposit in respect of the person notified (and full insurance premium if applicable); and
• (ii) where notification is received (in accordance with this clause 7) less than 8 weeks before departure: Full Price in respect of the person notified (and full insurance premium if applicable).

8. Holiday Insurance

(a) When booking a holiday with Go Poland You agree to ensure that You and everyone in your Party has adequate insurance cover for your holiday in place before the start date of your Itinerary.

(b) Details of Go Poland's recommended insurance policy for your type of holiday can be found on Go Poland's website or will be posted to You on request and is available for purchase through Go Poland.

(c) If You decide to purchase a different insurance policy please ensure that your selected policy matches or exceeds the benefits of Go Poland's recommended policy and it covers the holiday You have chosen. Some policies exclude cover for certain activities.

(d) If your insurance cover is insufficient for your needs You travel at your own risk and You promise to hold Go Poland harmless and to pay Go Poland for any costs and expenses (including legal expenses) suffered by Go Poland as a result of any claims brought or threatened against Go Poland by You any member of your Party and any other third party for any losses they may suffer as a result of You or any member of your Party having inadequate insurance cover.

9. Passports, Visas and Health requirements

(a) Everyone normally requires a valid passport and sometimes a visa to travel abroad. It is your responsibility to ensure that all members of your Party have valid passports and visas for your holiday and that the names on the passports of all members of your Party match the names on any flight tickets.

(b) British Citizens require a valid full ten-year passport for travel outside the British Isles (this includes all children under the age of 16 who are not already included on an adult passport. If You are applying for a new passport You can no longer add your children's names on it, they will need their own individual passport). Certain destinations require at least 6 months validity remaining on the passport on the date of return from your holiday, and We recommend You ensure that You have at least 6 months validity remaining on your passport before your date of return to the British Isles as a matter of course.

(c) Non British Citizens including other EU nationals must check with the relevant embassy, high commission or consulate of your holiday destination for up to date advice on passport and the requirements.

(d) If You need to apply for a new passport You should do so well in advance of your Itinerary start date to allow plenty of time for your application to be processed.

(e) It is your responsibility to ensure that all members of your Party have made the necessary health arrangements for your trip. Information on health is presented in the Department of Health leaflet T6 “Health advice for Travellers,” and is obtainable from your local Department of Health office and most Post Offices. We also recommend that You obtain an issued and completed E111 form prior to departure which is also available from most Post Offices.

(f) We cannot accept liability if You or any member of your Party are refused entry onto any transport or into any country due to any failure by You or any member of your Party to carry the correct passport, visa or health documentation.

(g) You will be responsible to reimburse to Go Poland all fines, surcharges or other financial penalties imposed on Go Poland and any other costs and expenses incurred by Go Poland arising from any failure by You or any member of your Party to carry the correct passport, visa or health documentation.

(h) Go Poland is not responsible for any costs incurred by You or any member of your Party in obtaining any relevant passport, visa or health documentation for your holiday.

10. Flights

(a) Flight timings in Go Poland's brochure or on Go Poland's website are for general guidance only and are subject to change. The latest timings available to Go Poland will be as set out in your Booking Confirmation. Actual flight times will be shown on your flight tickets where applicable. Some airlines do not issue tickets and instead You will receive a confirmation invoice from the relevant airline that You will need to produce when checking in for your flight.

(b) Please note that for each flight there are additional terms imposed by the airlines. Some flights may be non-cancellable or non-refundable. Please check all flight rules and any additional terms and conditions of the applicable airline.

(c) You are responsible for complying with any airline's terms in relation to check-in times, reconfirmation of flights or other matters. In relation to flight tickets, You are required to use all flight coupons in order of sequence. If this requirement is not met the airline may void the ticket.

(d) A contract arises between You and the airline when We issue your Booking Confirmation.

(e) All flights (including outward, onward and return flights) must be reconfirmed with the relevant airline at least 72 hours prior to commencement of that leg of the journey as they are at all times subject to change.

(f) We regret that We cannot accept liability for, or offer You assistance in the event of any delay to your flights (including outward, onward and return flights). The provision of meals or overnight accommodation is entirely at the discretion of the relevant airline. In such circumstances You may be able to claim on your insurance. Please check your policy for details.

(g) As Go Poland acts as agent in respect of all flights this means that We will have no contractual liability to You in respect of the flight product. However, We may still be liable to You if We have been negligent, misrepresented important information or have been in breach of any other relevant law.

(h) If in the reasonable opinion of a person acting in authority You or any member of your Party are not fit to travel, he or she may refuse You or your Party member to board the aircraft. Normally this happens if such person thinks You or your Party member are likely to disturb or harm other passengers. In this case your contract with Go Poland in respect of You or the relevant Party member (is as the case may be) will end immediately and We will no longer be responsible for You or such Party member.

11. Accommodation and other services

(a) Unless stated otherwise all Go Poland's prices are per person based on maximum occupancy in a twin or double room. Single rooms carry a supplement. Triples or Quad rooms are usually twin or double rooms with an extra bed. The hotel ratings used in Go Poland's brochure and on Go Poland's website refer to local classifications.

(b) Please note that the availability of certain services and attractions can vary according to season, lack of demand, weather conditions, essential maintenance work or other circumstances entirely beyond Go Poland or Go Poland's suppliers' control. It is not possible to predict any of the above stated events and We cannot accept any liability for cancellations or curtailment of such amenities in such circumstances.

(c) All excursions are subject to demand and weather and therefore We do reserve the right to add or amend those at any time.

(d) When You book with Go Poland, You accept responsibility for any damage or loss caused by You or any member of your Party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If You fail to do so, You will be responsible for meeting any claims subsequently made against Go Poland (together with Go Poland's and the other party's full legal costs) as a result of your actions. We expect all clients to have consideration for other people. If in Go Poland's reasonable opinion or in the reasonable opinion of any other person in authority, You or any member of your Party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, We are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and We will not pay any expenses or costs incurred as a result of the termination.

(e) We are confident that You will be pleased with all the services provided by Go Poland however, if You encounter any problems with any services supplied by Go Poland during your holiday please inform the Go Poland representative or the relevant supplier (as set out in the Booking Confirmation) at your holiday destination as soon as possible, so that the problem can be rectified locally.

(f) Save in respect of those services referred to in clauses 11(b) and 11 (c) above, in the unlikely event of a significant failure to provide a particular service (for example failure to provide the booked accommodation) Go Poland shall make suitable alternative arrangements (in Go Poland's reasonable opinion) at no extra cost to You and where such service is of a lesser value than the service booked reimburse the difference in the cost of the service supplied as against the service booked by You.

(g) In the event that We are unable to make suitable alternative arrangements in accordance with clause 11 (f), We will arrange return transportation for You to your place of departure.

12. Complaints

(a) In the event that You wish to make a complaint or bring a claim in respect of any of the services, You must notify the nature and details of such complaint to the supplier of the service and Go Poland as soon as possible and in any event no later than 28 days from the end of your holiday booked with Go Poland.

(b) Go Poland will not be responsible for any complaints made or claims in respect of any failure to perform the services which have not been notified to it, in writing, within 28 days of the end of the relevant holiday.

13. Liability

(a) Notwithstanding any other clause of these Booking Conditions, We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by ‘force majeure'. For purpose of these Booking Conditions ‘force majeure' means any event which We or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of Go Poland's or Go Poland's supplier's control.

(b) Go Poland shall not be liable to You or any member of your Party in respect of any failure to provide the services where such failure was attributable to:

• (i) You or any member of your Party; and/or
• (ii) any third party other than our suppliers.

(c) Go Poland cannot accept liability to You or any member of your Party for any loss of profits, administrative inconvenience, anticipated savings, disappointment, or wasted expenditure suffered in connection with your booking.

(d) Nothing in these Booking Conditions shall exclude any liability of Go Poland for fraudulent misrepresentation or for personal injury or death caused by its negligence.

14. ATOL

We operate under an Air Travel Organisers Licence (ATOL) (licence number 6652) that is issued by the Civil Aviation Authority. This means that if in the unlikely event of Go Poland becoming insolvent your money will be refunded or, if You are already abroad, You and the members of your Party will be repatriated.

15. DATA

When You make a booking with Go Poland, We may need to collect information about You to process the transaction, to fulfil your booking and provide You with the services You expect then and in the future. This information may include but is not limited to details such as your name, your address, your telephone number and credit card details. Unless We have your express consent We will only disclose personal data to third parties if this is required for the purpose of completing your transaction with Go Poland. This is subject to the proviso that We disclose your data to certain permitted third parties such as our own professional advisers who are bound by confidentiality codes and when We are legally obliged to disclose your data. By making a booking with Go Poland and disclosing to Go Poland your personal information You consent to Go Poland collecting, storing and processing your personal information in the manner set out in this clause 15

16. MISCELLANEOUS

(a) In the event that any provision in these Booking Conditions conflicts with the law under which these Booking Conditions are to be construed or if any such provisions are held by a court with competent jurisdiction to be invalid, such provision or the relevant part shall be deleted and the remainder of the terms of these Booking Conditions shall remain in full force and effect

(b) Any failure or delay by Go Poland to insist upon or enforce performance by You of any provision of these Booking Conditions will not be construed as a waiver by Go Poland of it or any rights to exercise it in future or of any other of its rights under these Booking Conditions

(c) All holidays and flights are for departure from the United Kingdom . All agreements made with Go Poland will be made in England , governed by English Law and subject to the exclusive jurisdiction of the English courts