Terms & Conditions

§ 1. Service Provider

§ 2. Definitions

1. Service Provider — Łukasz Ryłko, sole proprietor conducting the business activity described in § 1.
2. Guide — Łukasz Ryłko or Karolina Gac, licensed Class III Tatra mountain guides, leading the tour pursuant to § 1 of these Terms.
3. Client — a natural person, legal entity, or organizational unit entering into an agreement with the Service Provider for a guiding service (the person making the booking).
4. Consumer — a Client who is a natural person performing a legal act not directly related to their business or professional activity (Article 22¹ of the Polish Civil Code).
5. Participant — a natural person taking part in a tour; the Client and the Participant may be the same person or different persons (e.g. the Client books for a group).
6. Tour — a single guiding service provided by the Service Provider in accordance with the description on www.tatractive.pl.
7. Website — the online service available at www.tatractive.pl.

§ 3. Scope of service

§ 4. Technical requirements for using the Website

§ 5. Prohibition of unlawful content

§ 6. Booking rules

1. Booking is confirmed after completing the online form and paying 100% of the tour price at booking.
2. Booking is confirmed via e-mail with full tour information (meeting point, time, required equipment).
3. The minimum and maximum number of Participants is set individually for each tour and given in the tour description on www.tatractive.pl. These limits take into account the route, its technical difficulty, and safety conditions, considering the recommendations of the Tatra Guides' Association (Centrum Przewodnictwa Tatrzańskiego) — the Service Provider may deliberately accept a group smaller than the CPT maximum if group comfort or safety so requires.
4. If the minimum number of Participants is not reached, the Service Provider will offer the Client rescheduling or a 100% refund of the amount paid.

§ 7. What the tour price covers

1. fees for mountain huts, accommodation, food, drinks,
2. the Participant's accident insurance (NNW) or other personal insurance,
3. the Participant's personal equipment (backpack, clothing, mountain boots, headlamp, trekking poles, food, water, medication),
4. transport of the Participant to and from the meeting point (taxi, bus, parking, cable car),
5. additional fees such as parking, cable cars, lifts,
6. costs of any rescue operation, medical transport, hospitalization, treatment, or other costs arising from a Participant's accident or sudden deterioration of health (on the Polish side, TOPR rescue is generally free of charge; however, private medical transport, hospitalization, medications, and costs on the Slovak side — including Horská záchranná služba operations — may be chargeable; the Service Provider recommends having travel insurance covering mountain rescue and medical costs).

§ 8. Cancellation policy

1. Cancellation must be reported by e-mail to kontakt@tatractive.pl. The date the message is received counts.
2. Cancellation 30 or more days before the tour — 100% refund of the amount paid.
3. Cancellation 14-29 days before the tour — 50% refund of the amount paid.
4. Cancellation less than 14 days before the tour or no-show by the Participant — no refund of the amount paid.

§ 9. Required equipment and refusal of participation

1. Each tour has specific requirements for clothing, footwear, and equipment — listed on the tour page and in the booking confirmation message. These requirements are set solely for the safety of the Participant and the group.
2. The Participant must arrive at the meeting point with the full required equipment and in clothing/footwear adequate to the tour conditions. Technical requirements (e.g. boots with rigid sole and ankle support for high-mountain tours, UIAA-approved helmets on rocky routes, ice axe, crampons) are safety requirements, not recommendations.
3. The Service Provider may provide safety gear (e.g. helmets, harnesses, via-ferrata sets, ice axes, crampons) — only for tours indicated in the „Provided" section on the page of the specific tour. All other equipment is the Participant's responsibility.
4. The Guide verifies the Participant's equipment before the start of the tour. If the Participant arrives without the required equipment or in clothing/footwear inadequate to safety conditions (in particular: city footwear instead of mountain boots, no rainproof layer, no warm clothing in winter), the Guide may: (a) refuse the Participant's participation, (b) indicate the possibility of filling gaps at the Participant's own expense (e.g. boot rental in Zakopane) — provided this does not delay the tour start, (c) exclude the Participant from the tour during its course if shortcomings emerge on the trail and pose a danger to the Participant or the group.
5. In the cases described in point 4, the Participant is not entitled to a refund of the tour price or any part thereof. The Guide's decision is made solely on safety grounds and is based on the Guide's technical assessment.
6. Listing the equipment requirements for each tour, these Terms & Conditions, and the booking confirmation constitute full information to the Participant about the required equipment. By accepting these Terms, the Participant declares that they have reviewed the requirements and undertake to meet them.

§ 10. Participant obligations

1. The Participant must follow the Guide's instructions, especially regarding safety.
2. The Participant must remain with the group throughout the tour, until it ends at the location specified in the description. If the Participant wishes to separate from the group during the tour (e.g. earlier descent, staying at a hut, withdrawing from the rest of the route) — the procedure in § 16 applies.
3. The Participant must have appropriate clothing and mountain footwear in accordance with the tour requirements (see § 9).
4. A Client booking on behalf of third parties is required to inform them of these Terms & Conditions, including equipment requirements and safety responsibilities. The Client bears joint liability for relaying essential organizational information to all Participants.
5. We recommend purchasing accident insurance (NNW), especially for tours on the Slovak side.

§ 11. Participant health and disclosure obligation

1. The Participant (or the Client on the Participant's behalf) is obliged to proactively inform the Service Provider of safety-relevant health circumstances — both their own and those of persons for whom they make the booking. This applies in particular to: chronic conditions affecting physical exertion or being at altitude (e.g. cardiovascular, diabetes, epilepsy, asthma, breathing problems), pregnancy, recent injuries, post-operative state, medication taken (especially emergency meds — together with information about possessing them and their location in the bag), life-threatening allergies (e.g. insect venom, drugs, food), mobility limitations, balance problems, clinical-grade fear of heights.
2. Method of disclosure (Client's choice): (a) in the „Notes (optional)" field of the booking form during purchase — preferred, (b) verbally to the Guide no later than at the meeting point before the tour starts. One channel is sufficient.
3. The absence of a question from the Guide does not release the Participant from the disclosure obligation. The duty to inform rests with the Participant/Client from the moment the contract is concluded and is updated at the latest at the meeting point, regardless of whether the Guide asks.
4. Disclosed information is processed as a special category of personal data (Article 9 GDPR) solely to ensure the Participant's safety during the tour. It is not shared with third parties except with emergency services in an urgent situation. After the tour ends, the data is destroyed (verbal information) or kept only within the „Notes" field of the booking until the booking retention period expires (5 years — tax regulations).
5. Concealing a material health circumstance — i.e. failing to inform via either channel listed in point 2 — results in the Participant assuming full liability for the consequences of such concealment, including accidents, injuries, costs of rescue operations, hospitalization, and damages caused to other Participants or the Guide. The Service Provider and the Guide bear no civil liability in such a case.
6. If a material health circumstance is disclosed, the Guide may: (a) accept the Participant's participation without restrictions, (b) set special procedures (slower pace, more frequent stops, route modification), (c) refuse the Participant's participation in the given tour if the health risk is assessed as material — the Service Provider may then offer the Client an alternative lower-difficulty tour (if available). The Participant is not entitled to a refund of the tour price — the Client is responsible for choosing a tour appropriate to their abilities and for prior disclosure of health circumstances (the Client may consult with the Service Provider before booking: kontakt@tatractive.pl).

§ 12. Participation of minors

1. A contract for a guiding service concerning a minor is concluded exclusively by the parent or legal guardian of the minor. A booking made on behalf of a minor by the minor themselves (under 18) is invalid until confirmed by the parent or legal guardian (Articles 17 and 18 of the Polish Civil Code).
2. Minors may participate in tours under the following rules (unless individually agreed otherwise with the Guide before booking): (a) under 7 years of age — participation only in selected low-difficulty tours, under the care of a parent or legal guardian, after individual arrangement with the Guide; (b) 7-13 years of age — participation only under the care of a parent, legal guardian, or a designated adult (based on a written authorization from the parent/guardian); (c) 14-17 years of age — independent participation allowed after providing the Service Provider with the parent's/guardian's written consent no later than 24 hours before the tour (scan/photo of the signed document to kontakt@tatractive.pl).
3. The written consent referred to in point 2 contains: (a) full name, date of birth of the minor; (b) full name, contact details of the parent/guardian (phone, e-mail); (c) name and date of the tour; (d) declaration of having read these Terms and consent to the minor's participation; (e) information on health relevant to safety (allergies, chronic conditions, medication); (f) consent for the Guide to make medical decisions in an emergency when direct contact with the parent/guardian is not possible.
4. The parent/legal guardian assures that the minor: (a) is healthy and physically and mentally fit to participate in a tour of the given difficulty; (b) has read and understands these Terms and the safety requirements; (c) has the required equipment and clothing for the chosen tour.
5. The Guide may refuse the minor's participation at the meeting point if they assess that the minor's health, fitness, experience or equipment do not allow for safe participation in the chosen tour. In such a case, the parent/guardian may choose: (a) participation in an alternative lower-difficulty tour proposed by the Guide (if available), (b) a 100% refund of the amount paid.
6. Template of the parent's/guardian's written consent (printable form via Ctrl+P in browser): tatractive.pl/dokumenty/zgoda-rodzica.en.html. The Client may also send their own text containing all the elements listed in point 3.

§ 13. Lateness and no-show

1. The Participant must arrive at the meeting point no later than the scheduled tour start time given in the booking confirmation.
2. Lateness tolerance: 15 minutes from the scheduled start time. After this time, the Guide departs with the group without the late Participant and the group does not wait.
3. A late Participant may attempt to join the group on the trail solely at their own risk, after telephone arrangement with the Guide. The Guide may refuse joining if the group is on a section where joining would be unsafe or would significantly delay the tour for the remaining Participants.
4. If the Participant fails to arrive within the tolerance window or fails to join the group during the tour — no refund of the tour price (in whole or in part) is due.

§ 14. Alcohol and intoxicants

1. Participation in a tour while under the influence of alcohol, drugs, or medication impairing psychomotor performance is prohibited.
2. The Guide may refuse the Participant's participation — before the tour or during it — if there is reasonable suspicion that the Participant is under the influence of alcohol, drugs, or other substances impairing performance. The Guide's decision is based on observation of behavior, motor coordination, and the Participant's speech.
3. In the cases described in point 2, no refund of the tour price (in whole or in part) is due.

§ 15. Drop in fitness, indisposition, signs of illness

1. The Guide is not obliged to turn back the entire group due to one Participant's indisposition.
2. Refusal of participation due to signs of illness (before or during the tour): the Guide may refuse the Participant's participation if the Participant shows signs of an illness which: (a) endangers the Participant's safety in high-mountain conditions (fever, weakness, breathing problems, gastrointestinal infection), (b) may be infectious and pose a threat to other Participants or the Guide. The decision is based on observation of external symptoms. No refund is due.
3. Drop in fitness during the tour: if the Participant cannot continue the tour at the group's pace or on the chosen route, the Guide decides on one of the following: (a) suggesting that the Participant remain in a safe place — in particular a mountain hut or an easy section of trail without technical difficulties, away from exposed terrain — and wait for the group's return, or self-descend on a marked, low-difficulty trail; in such a case the Guide gives the Participant descent instructions (route, trail colour, destination point, waiting place), and any further independent movement by the Participant is at their own risk, in accordance with § 16, (b) suggesting a route change for the entire group to a lower-difficulty alternative (if circumstances allow), (c) shortening the tour for the entire group and turning back — only if the Participant's health situation requires it (life or health threat) and there is no other safe option.
4. In an emergency endangering the Participant's life or health, the Guide calls the appropriate rescue service (TOPR — 601 100 300 or 985, Slovak side: Horská záchranná služba — 18 300) and acts in accordance with first-aid principles and rescue service instructions.
5. Decisions made by the Guide for safety reasons are final and binding for Participants. No refund of the tour price (in whole or in part) is due based on a route change, tour shortening, or leaving the Participant in a safe place — the guiding service was performed in accordance with professional standards.

§ 16. Separation from the group

1. A tour is conducted as a joint group activity under the Guide's care. Participants must remain with the group throughout the tour, until it ends at the location specified in the description.
2. The Participant may express a wish to separate from the group during the tour (e.g. earlier descent, withdrawal from the rest of the route, individual stay at a hut). Separation is possible only after: (a) notifying the Guide of the intent and receiving confirmation, (b) providing a statement of separation at one's own risk (in writing or electronically — an SMS or e-mail from the Client's account sent to the Guide and confirmed back is sufficient), (c) providing the Guide with the planned return route and a phone number where the Participant can be reached.
3. The Guide may refuse consent to separation if, in their professional judgment, separation would create a material safety risk for the Participant, in particular due to: adverse weather, technically difficult section, insufficient experience or equipment, approaching dusk, terrain exposure.
4. The Guide's refusal does not restrict the Participant's personal freedom — the Participant may leave the group also without the Guide's consent. In such a case, separation occurs solely at the Participant's exclusive risk, regardless of whether the statement under point 2(b) was made.
5. Upon separation from the group (with or without the Guide's consent), the Guide's care over the Participant and the Guide's liability for the Participant's safety cease. Full liability for safety, decisions, choice of route, pace, and any consequences rests solely with the Participant.
6. If a rescue is needed after separation, the Participant contacts the appropriate rescue service themselves: Polish side TOPR (601 100 300 or 985), Slovak side Horská záchranná služba (18 300).
7. The Guide continues the tour with the rest of the group and is not obliged to organize help, search for the Participant, or change the planned route due to the separation.
8. Separation from the group does not entitle the Participant to a refund of the tour price (in whole or in part).

§ 17. Exclusion from the tour

1. The Guide may exclude the Participant from the tour — before the start or during it — if the Participant: (a) fails to follow the Guide's safety instructions; (b) behaves aggressively, vulgarly, or insultingly toward the Guide or other Participants; (c) takes actions endangering own or group safety (e.g. wandering off the trail, climbing on protected structures, ignoring exposure warnings); (d) breaches the Tatra National Park rules, the Tatranský národný park rules, or the law; (e) is under the influence of alcohol, drugs, or other substances impairing performance (see § 14).
2. Exclusion does not entitle to a refund (in whole or in part). The excluded Participant arranges return to their accommodation (taxi, bus, public transport) at their own expense.

§ 18. TPN, TANAP rules and the Guide's instructions

1. The Participant must comply throughout the tour with: (a) the Tatra National Park rules (Director's Orders available at tpn.gov.pl/regulaminy and the current tourist communication: tpn.gov.pl/zwiedzaj/turystyka/komunikat) — for tours on the Polish side; (b) the Tatranský národný park rules (TANAP) — Návštevný poriadok in force since 15 December 2023, available at tanap.org/navstevny-poriadok) — for tours on the Slovak side; (c) the Guide's instructions regarding route, pace, stops, safety, and conduct in the field.
2. The TPN and TANAP rules govern in particular: permitted trails, visiting hours, the prohibition on bringing animals (with exceptions), the prohibition on bivouacking and lighting fires, the prohibition on collecting plants and disturbing animals, rules on movement in protected areas.
3. Breach of TPN, TANAP rules or the Guide's instructions may result in exclusion from the tour without a refund (§ 17) and personal liability of the Participant for the consequences (park-service fine, civil liability for damage).

§ 19. Route change or tour cancellation for safety reasons

1. The Guide may — at any time before or during the tour — decide to: (a) change the tour goal (e.g. reach a different point on the route instead of the designated summit), (b) change the route (alternative path, bypassing a dangerous section), (c) shorten the tour (early end and return), (d) cancel the tour (refrain from setting out or interrupt the tour in progress).
2. The decision under point 1 is taken solely for safety reasons of Participants and the group, in particular: (a) unfavorable or dangerous weather conditions (storm, strong wind, intense precipitation, ice, fog limiting visibility); (b) avalanche risk, trail icing, infrastructure damage (broken bridges, chains, ladders); (c) insufficient physical or mental fitness of group Participants (fatigue, insufficient pace, signs of altitude sickness); (d) unforeseen events (accident on the trail, trail closure by park services, approaching extreme weather).
3. The Guide's decision under points 1-2 is final and binding for Participants. The decision is based on the professional judgment of a Class III Tatra mountain guide and on current communications from safety services (TOPR, IMGW, TPN, HZS).
4. A route change, tour shortening, or interruption during the tour is not a basis for a complaint or for a refund (in whole or in part) — the guiding service was performed in accordance with professional standards, and the Guide's decision serves the Participants' safety.
5. Cancellation of the tour before its start — regardless of when the decision is taken, including on the day of the tour, even just before the planned meeting time (e.g. when the Guide assesses, based on current conditions, IMGW/TOPR/HZS communications, or avalanche risk level, that safe operation of the tour is not possible) — results in: (a) the Service Provider proposing rescheduling (valid 12 months, no extra fees), or (b) a 100% refund — at the Client's choice.
6. Cancellation of the tour during its course (e.g. after setting out, when circumstances dictate) — no refund is due, as the guiding service has been partly performed and its interruption served the Participant's safety.
7. This section takes precedence over § 27 (Complaints) for claims arising from the Guide's decisions made for safety reasons.

§ 20. Inability of the Service Provider to perform

1. The Service Provider will make every effort to operate each tour at the planned date with the planned guiding staff.
2. If circumstances on the Service Provider's side make performance impossible at the originally agreed date — in particular: (a) illness, accident or other indisposition of the Guide preventing them from leading the tour; (b) inability to provide a substitute Guide with current Class III credentials; (c) cancellation before start for safety reasons under § 19 point 5; (d) failure to reach the minimum number of Participants (§ 6 point 5) — the Service Provider will promptly inform the Client by phone, e-mail or SMS and offer (Client's choice): (i) rescheduling (valid 12 months, no extra fees); (ii) participation with another guide of the same credentials (Łukasz Ryłko ↔ Karolina Gac) — if a staff swap is possible; (iii) a 100% refund within 14 days.
3. The Service Provider's liability under point 2 is limited to refunding the tour price paid or providing the chosen alternative. The Service Provider is not liable for indirect damages incurred by the Client or the Participant due to the cancellation or rescheduling, in particular: (a) Participant's travel costs to Zakopane; (b) accommodation, food, parking costs; (c) lost income from absence at work; (d) costs of purchasing equipment or clothing for the tour. The Client should consider trip-cancellation insurance if travel to Zakopane involves significant costs.
4. This section takes precedence over § 27 (Complaints) for claims arising from cancellation by the Service Provider.

§ 21. Tour duration

1. The tour start time (meeting time) given in the booking confirmation is binding for the Client — the Participant must arrive at the meeting point at that time (see § 13).
2. The tour end time and total duration given in the tour description on www.tatractive.pl are indicative only. The actual duration depends on factors that cannot be predicted to the minute: (a) group's pace and Participants' fitness, (b) weather conditions (fog, wind, precipitation, slipperiness), (c) length and number of stops, (d) trail conditions (crowding, icing, trail changes), (e) other unpredictable factors in mountain terrain.
3. A tour is deemed started when the group sets out from the meeting point and ended when it returns to the same or agreed destination.
4. Earlier end of the tour (return before the indicative end time) — whether for safety reasons (§ 19), fitness reasons (§ 15), or faster group pace — does not entitle the Participant to a partial refund. The guiding service was performed in accordance with professional standards.
5. Later end of the tour (return after the indicative end time) — e.g. due to slower pace, longer stops, favorable conditions, individual requests — does not entitle the Participant to additional payment from the Service Provider, nor to claims for extended duration, including for the Participant's lost post-tour plans (restaurant booking, return travel, etc.).
6. By accepting these Terms, the Client acknowledges that mountain tours by their nature do not lend themselves to a rigid schedule — the indicative duration is an estimate, not a contractual obligation of the Service Provider.

§ 22. Change of meeting time or place

1. The Service Provider may change the meeting time or place in justified cases, in particular due to: (a) administrative decisions of the Tatra National Park, the Tatranský národný park, or other competent authorities (trail closure, access restriction, change of park hours, anti-avalanche or anti-fire orders); (b) decisions of rescue services (TOPR, HZS); (c) weather changes material to safety or tour operation; (d) the Service Provider's logistical considerations (optimizing the start point against actual trail conditions).
2. The Service Provider informs the Client of the change immediately after the decision — by phone, SMS, or e-mail to the contact details given in the booking. Notification may occur even on the tour day, in particular if a higher authority decides to close a trail at short notice.
3. A change of meeting time or place does not entitle the Client to a refund — the tour is still operated, and the change is an organizational modification arising from circumstances beyond the Service Provider's control. In particular, decisions by external authorities (TPN, TANAP, rescue services, administration) do not give rise to a refund claim against the Service Provider — by accepting these Terms, the Client acknowledges that the tour takes place in terrain subject to the authority of nature-protection bodies and safety services.
4. If the Client objectively cannot adjust to the changed meeting place or time, the Client may: (a) withdraw from the tour — the no-show following an organizational change initiated by the Service Provider is treated as a circumstance justifying rescheduling (valid 12 months, no extra fees); (b) attempt to reach the new location independently — without the right to claim additional costs (taxi, parking, extra fuel).
5. If the Client does not respond to the change notification and fails to appear at the new meeting place/time, § 13 applies (no refund).

§ 23. Maximum and minimum group size

1. The maximum and minimum number of Participants per tour is set individually for each tour and given in the tour description on www.tatractive.pl. This number takes into account the route, its technical difficulty, and safety conditions, considering the recommendations of the Tatra Guides' Association (Centrum Przewodnictwa Tatrzańskiego) — the Service Provider may deliberately accept a group smaller than the CPT maximum if group comfort or safety so requires.
2. Once the maximum number is reached, booking for the tour closes.
3. If the minimum number of Participants is not reached, § 6 point 6 applies.

§ 24. Tour language

1. Tours are conducted by default in Polish.
2. Tours conducted in another language (e.g. English) are clearly indicated in the offer. The Client selects such a tour separately.
3. A Participant who does not speak the tour language to a degree allowing them to understand basic safety instructions must inform the Service Provider before booking (kontakt@tatractive.pl). If this comes to light only at the meeting point — the Guide may refuse the Participant's participation without a refund (the Participant did not fulfill the disclosure obligation).

§ 25. Participant identity verification

1. The Service Provider / Guide may ask the Participant to show an identity document (ID card, passport, driving licence) at the meeting point to verify that the Participant matches the person named in the booking.
2. Verification consists solely of a visual comparison of the name and likeness on the document with the person presenting themselves at the meeting. The Service Provider does not photocopy, scan, photograph, or record any data from the document. The document remains in the Participant's hands.
3. The right to request the document may be exercised in particular when: (a) there is reasonable doubt about the person's identity (e.g. the booking name does not match the name given), (b) the tour involves crossing the state border (Slovakia — ID requirement in the Schengen area).
4. Refusal to show the document in cases under point 3 may result in refusal of participation without a refund, if the Service Provider cannot otherwise confirm identity.
5. Under normal circumstances (no doubt, no border crossing) the Service Provider does not require an ID — verifying the name on the participant list is sufficient.

§ 26. Tour WhatsApp group

1. For selected tours, the Service Provider may create a WhatsApp group for efficient coordination before, during, and after the tour — in particular: presence confirmation, weather updates, changes to meeting time/place, warnings, splitting into subgroups, post-tour photo sharing.
2. After the tour, the group may also be used by the Service Provider as an information and marketing channel — sharing information about future tours, discount codes, news in the offer. This constitutes commercial information within the meaning of Art. 10 of the Polish Act on Providing Services by Electronic Means and direct marketing within the meaning of Art. 172 of the Polish Electronic Communications Law. By joining the group the Participant consents to receiving such information.
3. Joining the WhatsApp group is voluntary and is not a condition of participating in the tour. The Service Provider asks for consent separately (SMS or e-mail) — typically after booking or when confirming the tour. Lack of consent does not affect tour participation — the Service Provider then communicates with the Participant individually (phone, SMS, e-mail).
4. Effects of joining the group: the Participant's phone number becomes visible to other group members in line with the WhatsApp mechanics. The Participant accepts this when giving consent.
5. Withdrawal of consent: the Participant may leave the group at any time independently (the „Leave group" function in WhatsApp) or ask the Service Provider for removal (kontakt@tatractive.pl). Withdrawal does not affect the lawfulness of processing before withdrawal.
6. The group administrator is the Service Provider (Łukasz Ryłko). The Service Provider moderates the group and removes content violating these Terms (spam, offensive content, third-party marketing). The Service Provider is not liable for the actions of other group members or for the WhatsApp privacy policy (Meta Platforms Inc., USA — DPF certified).

§ 27. Complaints

1. The Client may file a complaint about the performance of the guiding service within 30 days of the tour date.
2. Complaints should be filed: (a) by e-mail to kontakt@tatractive.pl, or (b) in writing to the Service Provider's registered office.
3. A complaint should contain: (a) the Client's full name and contact details; (b) the date and name of the tour; (c) a description of the issue; (d) the expected resolution (refund, voucher, apology).
4. The Service Provider considers the complaint within 14 days of receipt. The response is sent to the e-mail address provided by the Client. Lack of response within this period means the complaint is upheld.
5. A complaint may concern in particular: non-performance or improper performance of the guiding service, non-conformity with the description on the website, breach of these Terms by the Guide.
6. A complaint is not upheld in case of: (a) Participant's withdrawal during the tour for reasons unrelated to safety (fatigue, change of mind, boredom); (b) exclusion or refusal due to non-compliance (alcohol, missing equipment, aggressive behavior, signs of illness, breach of TPN/TANAP rules); (c) route change, shortening, interruption or cancellation of the tour for safety reasons taken by the Guide (§ 19); (d) concealment of material health circumstances (§ 11); (e) Participant's decision to separate from the group (§ 16).
7. If a complaint is upheld, the Service Provider will offer the Client (Client's choice): partial or full refund, voucher of equivalent value for another tour, or rescheduling. The chosen remedy will be performed within 14 days from the date of sending the Client the response upholding the complaint (per point 4).
8. A Client dissatisfied with the resolution has the right to use out-of-court dispute resolution — the European Commission's ODR platform: ec.europa.eu/consumers/odr, the Consumer Ombudsman, or municipal/county consumer-rights ombudsman.

§ 28. Liability

1. The Service Provider is not liable for damages resulting from the Participant's failure to follow the Guide's instructions.
2. The Service Provider is not liable for Participants' personal belongings.
3. Participation in the tour is at the Participant's own risk regarding their health and physical fitness (see § 11).

§ 29. Risk awareness — mountain tours

1. Mountain tours by their very nature involve risk. Activity in high-mountain terrain — even on marked trails and under the care of a licensed guide — may lead to injuries, accidents, hospitalization, and in extreme cases to loss of health or life of the Participant.
2. Typical hazards in Tatra terrain include, among others: falls on slippery/icy/exposed terrain, slips, trips, hitting rocks, contact with falling stones, slipping on snow or ice, avalanche accidents, hypothermia, exhaustion, altitude sickness, dehydration, sunburn, insect bites, contact with wild animals, sudden weather changes (storm, fog, strong wind), getting lost in the terrain.
3. The Client and Participant, by accepting these Terms, acknowledge and consciously consent to the above risks. The Service Provider and the Guide exercise the highest professional diligence to conduct the tour safely — including by assessing conditions, choosing the route, verifying equipment, leading the group in accordance with professional standards, and reacting to changing conditions (§ 19). However, the Service Provider does not and cannot give a guarantee of absolute Participant safety.
4. The Service Provider and the Guide are not liable for the consequences of events arising from the risks inherent in mountain activity, unless these events result from intentional fault or gross negligence of the Service Provider/Guide. The Service Provider's liability also does not cover the consequences of the Participant concealing material health circumstances (§ 11) or the consequences of the Participant separating from the group (§ 16).
5. The Service Provider recommends that Participants have travel insurance covering mountain rescue and medical costs, especially for tours on the Slovak side (TANAP — Horská záchranná služba operations may be chargeable). The Service Provider does not require proof of insurance, but highlights the Participant's responsibility in this regard.

§ 30. Final provisions

1. Matters not regulated by these Terms are governed by Polish law, in particular: the Civil Code of 23 April 1964, the Consumer Rights Act of 30 May 2014, the Act on Providing Services by Electronic Means of 18 July 2002.
2. Disputes are resolved primarily amicably. Failing that, the competent court is the court determined by the Polish Code of Civil Procedure (for consumers: the court of the consumer's place of residence).
3. A Consumer has the right to use out-of-court dispute resolution, including the European Commission's ODR platform (ec.europa.eu/consumers/odr).
4. The Service Provider may amend these Terms for important reasons. Changes are announced on the website 14 days in advance. Contracts concluded before a change remain governed by the previous version.