Terms & Conditions

§ 1. Service Provider

§ 2. Definitions

1. Service Provider: Łukasz Ryłko, sole proprietor conducting the business activity described in § 1.
2. Guide: the person leading the tour on behalf of the Service Provider - a licensed Class III Tatra mountain guide named in § 1 (Łukasz Ryłko or Karolina Gac).
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 guiding service provided by the Service Provider in accordance with the description on the Website or with a programme agreed individually with the Client (§ 8). The tour description on the Website forms an integral part of the contract terms.
7. Website: the online service available at www.tatractive.pl.

§ 3. Scope of service and legal status

§ 4. Nature of the service - a duty of care, not of result

1. The guiding service is a contract of due care (best efforts), not a contract of result (Article 750 of the Polish Civil Code). The subject of the contract is professional, safe guiding of the Participants by a licensed guide - not a guarantee of reaching a specific goal, in particular a specific summit or the completion of the entire route.
2. Reaching the tour goal depends on changing circumstances beyond the Service Provider's control: weather, trail conditions, the group's fitness, and decisions of services and authorities. A route change, its shortening, or failure to reach the goal for the reasons set out in § 22 does not constitute non-performance or improper performance of the contract and does not entitle to a refund. This does not limit the Client's right to file a complaint (§ 30) alleging a breach of due care.
3. Information about the expected weather provided by the Service Provider or the Guide before or during a tour is based on publicly available forecasts (including IMGW) and is purely indicative and informational. It does not constitute an assurance or a contractual commitment as to weather conditions. Worsening weather - as long as the tour takes place - is not a basis for a refund; route decisions caused by weather are governed by § 22.
4. A tour is a group activity. The Guide's decisions concerning the entire group - including a decision to turn the whole group back where the safety of even a single Participant so requires (§ 18) - are part of the proper performance of the service and do not automatically give rise to claims by the remaining Participants. This does not limit the right to file a complaint (§ 30).

§ 5. Technical requirements for using the Website

§ 6. Prohibition of unlawful content

§ 7. Booking and payment rules

1. A booking for a publicly available date is made by completing the online form on the Website and paying 100% of the tour price at booking.
2. Payments are handled by an external payment operator (currently Stripe). The available payment methods are presented to the Client during the booking process and may change depending on their availability with the payment operator.
3. The booking is confirmed by e-mail with full tour information (meeting point, time, required equipment) promptly after the payment is credited.
4. The maximum number of Participants - and, where set, also the minimum - is given in the tour description on the Website. The limits reflect the route, its technical difficulty, and safety conditions, taking into account the recommendations of the Tatra Guides' Centre (Centrum Przewodnictwa Tatrzańskiego); the Service Provider may accept a group smaller than the permitted maximum where group comfort or safety so requires.
5. If a minimum number of Participants has been set for a tour and is not reached, the Service Provider will offer the Client - at the Client's choice - rescheduling to another date or a 100% refund of the amount paid.
6. Only Participants covered by a booking may take part in a tour. Participation of an unregistered person requires the Service Provider's prior consent and payment for that person (subject to available places). Replacing a Participant with a substitute person is possible under § 10 point 6.

§ 8. Individual bookings and payment by bank transfer

1. Independently of the publicly available dates on the Website, the Service Provider may agree an individual tour date with the Client (a private date), including a tour with an individually agreed programme. In such a case the scope, date, and price are confirmed by e-mail or another agreed communication channel.
2. Payment for an individual booking is made - as agreed - (a) via an individual link to an online payment handled by the payment operator, or (b) by bank transfer to the account indicated by the Service Provider.
3. For payment by bank transfer, the contract is concluded when the full price is credited to the Service Provider's account. Failure to pay within the period stated in the confirmation means the booking does not come into effect and the date is no longer held.
4. The remaining provisions of these Terms - including the cancellation policy (§ 10) - apply to individual bookings, unless agreed otherwise in the booking confirmation. Individual arrangements may concern only organizational and commercial matters (e.g. the programme, date, price, payment method); they may not exclude or limit the safety rules, the health requirements (§ 14), or the rules on the participation of minors (§ 15), and, with respect to a Consumer, they may not be less favourable than these Terms.

§ 9. 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 travel insurance covering mountain rescue and medical costs).

§ 10. 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 a Participant's no-show - no refund of the amount paid (subject to points 6-8).
5. The number of days before the tour is determined by comparing the date the cancellation is received with the tour start date (the tour day itself is not counted).
6. Substitute person. Instead of cancelling, the Client may at any time before the tour starts - at no extra charge - designate a substitute person to take over the Participant's place (this also applies to some of the places in a group booking). The change must be reported to the Service Provider by e-mail or phone no later than before the meeting time, stating the substitute's full name and contact details. The substitute must meet the participation requirements for the tour (including age, health, required equipment - § 12, § 14, § 15). Where a substitute is effectively designated, the deductions under points 3-4 do not apply. The tour price and any discount code applied at booking remain unchanged in such a case, and refunds on cancellation are always calculated from the amount actually paid.
7. Sudden fortuitous events (force majeure). If the cancellation or no-show results from a documented sudden fortuitous event affecting the Client, the Participant, or a close relative (spouse, parent, child, sibling) - in particular sudden hospitalization or serious illness (medical certificate), death of a close relative (death certificate), a traffic accident or natural disaster (police report / insurer's statement), or an administrative decision - the Client may choose: (a) rescheduling the booking (valid for 12 months from the original tour date, no extra fees), or (b) a 100% refund within 14 days of providing the supporting document.
8. Cancellation by the Service Provider. If a tour is cancelled due to dangerous weather or other safety reasons (§ 22) or for reasons attributable to the Service Provider (§ 23), the Client may reschedule free of charge (valid for 12 months) or receive a 100% refund of the amount paid - at the Client's own choice.

§ 11. Statutory right of withdrawal

1. A tour is a leisure-related service to be provided on a specified day. Pursuant to Article 38 point 12 of the Polish Consumer Rights Act of 30 May 2014, the Consumer has no 14-day right of withdrawal from a distance contract for such a service. The Service Provider also informs the Client of this during the booking process, before the contract is concluded.
2. The absence of the statutory right of withdrawal does not limit the Client's rights under the cancellation policy (§ 10), the right to file a complaint (§ 30), or any other rights provided by law.

§ 12. Required equipment, entrusted gear, and refusal of participation

1. Each tour has specific requirements for clothing, footwear, and equipment - listed in the tour description 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 and footwear adequate to the tour conditions. Technical requirements (e.g. boots with a rigid sole and ankle support for high-mountain tours, a currently certified climbing helmet on rocky routes, ice axe, crampons) are safety requirements, not recommendations.
3. The Service Provider may provide the Participant with protective climbing gear (e.g. helmets, harnesses, lanyards, 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 or footwear inadequate to safety conditions (in particular: city footwear instead of mountain boots, no rainproof layer, no warm clothing in winter), the Guide may:
   1. refuse the Participant's participation in the tour,
   2. indicate the possibility of filling the gaps at the Participant's expense (e.g. boot rental in Zakopane) - provided this does not delay the tour start,
   3. exclude the Participant from the tour during its course if the shortcomings emerge only 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 of it. The Guide's decision is made solely on safety grounds and is based on the Guide's technical assessment; this does not limit the Client's right to file a complaint on general terms (§ 30).
6. Listing the equipment requirements for each tour, these Terms, 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.
7. Protective gear provided to the Participant remains the property of the Service Provider. The Participant must use it as intended and as instructed by the Guide, take care of it, and return it after the tour in a condition not deteriorated beyond wear resulting from proper use.
8. For loss of, damage to, or destruction of the provided gear caused by the Participant's fault, the Participant is liable up to the amount of the actual loss - the cost of repair or of replacing the gear with gear of the same class, taking into account its existing wear. Normal operational wear is borne by the Service Provider. The Participant is not liable for damage resulting from a defect of the gear or from following the Guide's instruction. An indicative replacement price list is available from the Service Provider on request (kontakt@tatractive.pl).

§ 13. 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 or at another location designated by the Guide (§ 22). 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 § 19 applies.
3. The Participant must have appropriate clothing and mountain footwear in accordance with the tour requirements (see § 12).
4. A Client booking on behalf of third parties or designating a substitute person (§ 10 point 6) is required to:
   1. familiarize those persons with these Terms, the requirements of the tour, and the safety rules,
   2. pass on to them the organizational information received from the Service Provider,
   3. inform them about the processing of their personal data by the Service Provider (the privacy policy is available on the Website).
5. By joining the tour, the Participant confirms that they have familiarized themselves with the conditions of participation, the tour requirements, and the safety rules.
6. The Service Provider does not provide Participants with accident insurance (NNW), medical-costs insurance, mountain-rescue-costs insurance, or trip-cancellation insurance. Arranging such cover is the Participant's responsibility. The Service Provider strongly recommends insurance covering mountain rescue and medical costs, especially for tours on the Slovak side (see § 32).

§ 14. 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 health circumstances relevant to safety - both their own and those of the persons for whom they make the booking. This obligation arises when the contract is concluded and includes updating the information no later than at the meeting point.
2. Circumstances relevant to safety include in particular:
   1. chronic conditions affecting physical exertion or being at altitude (e.g. cardiovascular conditions, diabetes, epilepsy, asthma, breathing problems),
   2. pregnancy, recent injuries, a post-operative state,
   3. medication taken - especially emergency medication, together with information about carrying it and where it is kept in the luggage,
   4. life-threatening allergies (e.g. insect venom, drugs, food),
   5. mobility limitations, balance problems, fear of heights to a degree impeding movement on exposed terrain.
3. Method of disclosure (the Client's choice): (a) in the booking form, in the field intended for notes, (b) by e-mail to kontakt@tatractive.pl after booking, (c) verbally to the Guide no later than at the meeting point before the tour starts. One channel is sufficient. Providing health information is voluntary and takes place on the Participant's own initiative in order to ensure their safety; the processing of this data is described in the privacy policy.
4. The absence of a question from the Guide does not release the Participant from the disclosure obligation.
5. 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. Details, including the retention period, are set out in the privacy policy.
6. Concealment of a material health circumstance - i.e. failing to inform via any of the channels listed in point 3 - results in the Participant's liability for damage to the extent it arose from the concealed circumstance, including the costs of rescue operations and damage caused to other Participants or the Guide. This does not exclude the Service Provider's liability for damage caused by its own fault.
7. Honest disclosure. If a material health circumstance is disclosed, the Guide may:
   1. accept the Participant's participation without restrictions,
   2. set special participation rules (slower pace, more frequent stops, route modification),
   3. refuse the Participant's participation in the given tour if the health risk is assessed as material.
8. The consequences of a refusal under point 7(c) depend on when the disclosure was made:
   1. if the circumstance was disclosed at booking or promptly afterwards (point 3(a) or (b)), the Service Provider will offer the Client - at the Client's choice - participation in an alternative lower-difficulty tour (if available), rescheduling, or a 100% refund of the amount paid,
   2. if a previously known circumstance was disclosed only at the meeting point, the Participant is not entitled to a refund - the Client had the opportunity to disclose earlier and to consult the Service Provider (kontakt@tatractive.pl),
   3. if the circumstance arose suddenly after booking and was disclosed promptly, § 10 point 7 (sudden fortuitous events) applies accordingly.

§ 15. Participation of minors

1. A contract for a guiding service concerning a minor is concluded by the parent or legal guardian. A booking made independently by a minor under 13 years of age is invalid (Article 14 of the Polish Civil Code); a booking made independently by a minor who is at least 13 years old requires confirmation by a parent or legal guardian to be effective (Articles 17-18 of the Polish Civil Code).
2. Minors may participate in tours under the following rules (an individual arrangement with the Guide before booking may concern only organizational matters, e.g. the form or deadline for delivering the consent - never a waiver of the requirement of care or of the parent's or guardian's consent):
   1. 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,
   2. 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 or guardian),
   3. 14-17 years of age - independent participation allowed after providing the Service Provider with the parent's or guardian's written consent no later than 24 hours before the tour (scan or photo of the signed document to kontakt@tatractive.pl).
3. The written consent of the parent or legal guardian referred to in point 2 contains:
   1. the minor's full name and date of birth,
   2. the parent's or guardian's full name and contact details (phone, e-mail),
   3. the name and date of the tour,
   4. a declaration of having read these Terms and consent to the minor's participation,
   5. health information relevant to safety (allergies, chronic conditions, medication),
   6. a phone number at which the parent or guardian will be reachable during the tour, and an authorization for the Guide to give the minor first aid, call the emergency services, and pass on to them information about the minor's health. Decisions on medical procedures and treatment are made by medical or rescue personnel in accordance with the law - the Guide does not make medical decisions on the minor's behalf.
4. The parent or legal guardian assures that the minor:
   1. is healthy and physically and mentally fit to a degree allowing participation in a tour of the given difficulty,
   2. has read these Terms and understands the safety requirements,
   3. has the required equipment and clothing for the chosen tour.
5. The Guide may refuse the minor's participation at the meeting point if the minor's health, fitness, experience, or equipment does not meet the requirements set out in the tour description and in § 12, or the parent's or guardian's assurances under point 4. In such a case no refund of the price is due - the parent or legal guardian is responsible for correctly matching the tour to the minor's abilities and for the minor's equipment, just as with adult Participants (§ 12 point 5, § 18). The Service Provider may offer the minor participation in an alternative lower-difficulty tour (if one is available); such an offer is the Service Provider's prerogative, not the Client's claim. If the circumstance preventing participation was honestly disclosed when making the booking and the Service Provider nevertheless accepted the booking - § 14 point 8 applies.
6. The parent or guardian exercising supervision is liable for damage caused by a minor Participant, under the rules of the Polish Civil Code.
7. Template of the parent's/guardian's written consent (printable form via Ctrl+P in the browser): tatractive.pl/dokumenty/zgoda-rodzica.en.html. The Client may also send their own text containing all the elements listed in point 3.

§ 16. 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 or communicated later in accordance with § 25.
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 - the Participant is not entitled to a refund of the tour price (in whole or in part) (subject to § 10 point 7).
5. The provisions of this section apply separately to each Participant covered by the booking. If only some of the Participants of a group booking arrive at the meeting point, the lack of a refund applies only to the places of the Participants who failed to arrive; the remaining Participants take part in the tour on general terms.

§ 17. 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 behaviour, motor coordination, and the Participant's speech.
3. In the cases described in point 2, the Participant is not entitled to a refund of the tour price (in whole or in part).

§ 18. 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 (the Guide may, however, decide to do so in the cases indicated in point 4(c)).
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:
   1. endangers the Participant's safety in high-mountain conditions (fever, weakness, breathing problems, gastrointestinal infection),
   2. may be infectious and pose a threat to other Participants or the Guide.
3. The decision under point 2 is based on observation of external symptoms. The Participant is not entitled to a refund of the tour price; if the symptoms result from a sudden, documented illness, the Client may rely on § 10 point 7 (sudden fortuitous events).
4. 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 chooses one of the following solutions:
   1. suggesting that the Participant remain in a safe place (in particular a mountain hut or an easy section of trail, away from exposed terrain) and wait for the group's return, or self-descend on a marked, low-difficulty trail - together with descent instructions (route, trail colour, destination point, waiting place); any further independent movement by the Participant is at their own responsibility, in accordance with § 19,
   2. changing the route of the entire group to a lower-difficulty alternative (if circumstances allow),
   3. shortening the tour or turning the entire group back - if the Participant's health situation so requires, or if it is not possible to safely leave or escort the Participant (e.g. exposed terrain, weather conditions, no safe waiting place).
5. The solution under point 4(a) applies only to adult Participants and only where the waiting place or descent route is safe and the Participant has a working phone with coverage allowing contact with the Guide and the emergency services. A minor Participant remains under the care of an adult in accordance with § 15.
6. 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), gives first aid, and follows the rescue service's instructions.
7. Decisions made by the Guide for safety reasons are binding on the Participants. A route change, tour shortening, turning the group back, or leaving the Participant in a safe place in accordance with this section does not automatically constitute a basis for a refund of the price in whole or in part (see § 4) and does not limit the Client's right to file a complaint (§ 30). The remaining Participants have no claims against the Service Provider on this account (§ 4 point 4).

§ 19. 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 or at another location designated by the Guide (e.g. after a route change for safety reasons - § 22).
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:
   1. notifying the Guide of the intent and receiving the Guide's confirmation,
   2. providing a statement of separation at one's own responsibility (in writing or electronically - an SMS or e-mail sent to the Guide and confirmed back is sufficient),
   3. providing the Guide with the planned return route and a phone number at which 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, a 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 responsibility, 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 ceases. From that moment the Participant is solely responsible for their own safety, decisions, choice of route, and pace. The Service Provider and the Guide are not liable for damage to the extent it arose from the Participant's separation from the group; this does not apply to damage caused by the fault of the Service Provider or the Guide.
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).

§ 20. Exclusion from the tour

1. The Guide may exclude the Participant from the tour - before the start or during it - if the Participant:
   1. fails to follow the Guide's safety instructions,
   2. behaves aggressively, vulgarly, or insultingly toward the Guide or other Participants,
   3. takes actions endangering their own or the group's safety (e.g. wandering off the trail, climbing on protected structures, ignoring exposure warnings),
   4. breaches the Tatra National Park rules, the TANAP national park rules, or the law,
   5. is under the influence of alcohol, drugs, or other substances impairing performance (in accordance with § 17).
2. Exclusion does not entitle to a refund (in whole or in part). The excluded Participant arranges their return to their accommodation (taxi, bus, public transport) at their own expense.

§ 21. TPN and TANAP rules and the Guide's instructions

1. The Participant must comply throughout the tour with:
   1. the Tatra National Park rules (the TPN 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,
   2. the TANAP national park rules (Návštevný poriadok, available at tanap.org/navstevny-poriadok) - for tours on the Slovak side,
   3. 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 (including dogs, with exceptions), the prohibition on drone flights without the park authority's permission, the prohibition on bivouacking and lighting fires, the prohibition on collecting plants and disturbing animals, and rules on movement in protected areas.
3. Breach of the TPN or TANAP rules or of the Guide's instructions may result in exclusion from the tour without a refund (§ 20) and the Participant's personal liability for the consequences (park-service fine, civil liability for damage).

§ 22. Route change or tour cancellation for safety reasons

1. The Guide may - at any time before or during the tour - decide to:
   1. change the tour goal (e.g. reach a different point on the route instead of the designated summit),
   2. change the route (an alternative path, bypassing a dangerous section),
   3. shorten the tour (an earlier end and return),
   4. cancel the tour (refrain from setting out or interrupt the tour in progress).
2. The decision under point 1 is taken solely for the safety of the Participants and the group, in particular in the event of:
   1. unfavourable or dangerous weather (storm, strong wind, intense precipitation, glaze ice, fog limiting visibility),
   2. avalanche risk, trail icing, infrastructure damage (broken bridges, chains, ladders),
   3. insufficient physical or mental fitness of the group's Participants (fatigue, insufficient pace, signs of altitude sickness),
   4. unforeseen events (an accident on the trail, trail closure by park services, an approaching extreme weather phenomenon).
3. The Guide's decision under points 1-2 is binding on the Participants during the tour. It is based on the professional judgment of a Class III Tatra mountain guide and on current communications from the services (TOPR, IMGW, TPN, HZS).
4. A route change, tour shortening, or interruption during the tour for safety reasons is part of the proper performance of a due-care service (§ 4) and does not automatically constitute a basis for a refund of the price in whole or in part. This does not limit the Client's right to file a complaint (§ 30) alleging a breach of due care.
5. Cancellation of the tour before its start - regardless of when the decision is taken, including on the tour day, even just before the planned meeting time (e.g. when the Guide assesses, based on current conditions, IMGW or TOPR/HZS communications, or the avalanche risk level, that the tour cannot be operated safely) - results, at the Client's choice, in: (a) rescheduling the booking (valid for 12 months, no extra fees), or (b) a 100% refund of the amount paid.
6. Cancellation of the tour during its course (after setting out) does not in itself constitute a basis for a refund - the service has been partly performed and its interruption served the Participants' safety. This does not limit the Client's right to file a complaint (§ 30) alleging a breach of due care.

§ 23. Inability of the Service Provider to perform

1. The Service Provider will make every effort to operate each tour on the planned date.
2. A tour is led by one of the licensed guides named in § 1 (currently Łukasz Ryłko or Karolina Gac). Replacing the leading guide within this team is an ordinary organizational decision of the Service Provider: it does not constitute a change of the contract, does not require the Client's acceptance, and does not constitute grounds for refusing to take part in the tour or for any claims. Naming the guide on the Website or in the booking confirmation is for information only.
3. Circumstances on the Service Provider's side preventing performance on the originally agreed date include in particular:
   1. illness, accident, or other indisposition of the leading guide, where no other guide named in § 1 can lead the tour,
   2. cancellation before the start for safety reasons (§ 22 point 5),
   3. failure to reach the minimum number of Participants, where one has been set (§ 7 point 5).
4. In the cases under point 3, the Service Provider will inform the Client promptly after learning of the circumstance - no later than before the planned meeting time - by phone, SMS, or e-mail, and will offer, at the Client's choice:
   1. rescheduling the booking (valid for 12 months, no extra fees),
   2. a 100% refund within 14 days.
5. If the inability to perform results from circumstances for which the Service Provider is not responsible (e.g. the leading guide's sudden illness with no substitution possible, dangerous conditions, decisions of authorities), the Service Provider is not liable for typical indirect costs incurred by the Client or the Participant in connection with the cancellation or rescheduling (e.g. travel, accommodation, food, parking costs, lost income, equipment purchases). Documented, direct costs incurred in reliance on the contract are considered by the Service Provider individually under the complaints procedure (§ 30). The limitation in this point does not apply to damage caused by the Service Provider's fault.
6. Clients for whom travel or a stay in Zakopane involves significant costs are advised to consider trip-cancellation insurance.

§ 24. Tour duration

1. The tour start time (meeting time) given in the booking confirmation - or communicated later in accordance with § 25 (change of meeting time or place) - is binding on the Client; the Participant must arrive at the meeting point at that time (in accordance with § 16).
2. The tour end time and the total duration given in the tour description on the Website are indicative only. The actual duration depends on factors that cannot be predicted to the minute:
   1. the group's pace and the Participants' fitness,
   2. weather conditions (fog, wind, precipitation, slipperiness),
   3. the length and number of stops,
   4. trail conditions (crowding, icing, trail changes),
   5. other factors unpredictable 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 an agreed destination.
4. An earlier end of the tour (return before the indicative end time) - whether for safety reasons (§ 22), fitness reasons (§ 18), or a faster group pace - does not entitle the Participant to a partial refund (see § 4 - a due-care service). This does not limit the Client's right to file a complaint (§ 30).
5. A later end of the tour (return after the indicative end time) - e.g. due to a slower pace, longer stops, favourable conditions, or individual requests - does not entitle the Participant to any additional performance from the Service Provider, nor to claims for the extended duration, including for the Participant's lost post-tour plans (restaurant booking, return travel plans, 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.

§ 25. Change of meeting time or place

1. The Service Provider reserves the right to change the meeting time or place in justified cases, in particular due to:
   1. administrative decisions of the Tatra National Park, the TANAP national park, or other competent authorities (trail closure, access restriction, changed park opening hours, anti-avalanche or fire-prevention orders),
   2. decisions of the rescue services (TOPR, HZS),
   3. weather changes material to safety or to the operation of the tour,
   4. the Service Provider's logistical considerations (optimizing the start point against the actual trail conditions).
2. The Service Provider informs the Client of the change promptly after the decision - by phone, SMS, or e-mail, using the contact details given in the booking. Notification may occur even on the tour day, in particular if an authority decides to close a trail at short notice.
3. A change of the meeting time or place does not entitle the Client to a refund of the tour price or any part of it - the tour is still operated, and the change is an organizational modification arising from circumstances beyond the Service Provider's control. This does not limit the Client's rights under point 4.
4. If the Client objectively cannot adjust to the changed meeting place or time, the Client may: (a) withdraw from the tour - a no-show following an organizational change initiated by the Service Provider is treated as a circumstance justifying rescheduling (valid for 12 months, no extra fees), (b) attempt to reach the new location independently - without the right to claim the related 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 or time, § 16 applies (no refund).

§ 26. Maximum and minimum group size

1. The maximum number of Participants in a group - and, where set, also the minimum - is given in the description of each tour on the Website. The number reflects the route, its technical difficulty, and safety conditions, taking into account the recommendations of the Tatra Guides' Centre (Centrum Przewodnictwa Tatrzańskiego) - the Service Provider may accept a group smaller than the permitted maximum if group comfort or safety so requires.
2. Once the maximum number is reached, booking for the tour closes.
3. If a set minimum number of Participants is not reached, § 7 point 5 applies.

§ 27. 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 fulfil the disclosure obligation).

§ 28. Participant identity verification

1. The Service Provider or the 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 - the requirement to carry an identity document in the Schengen area).
4. Refusal to show the document in the 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 against the participant list is sufficient.

§ 29. Tour communication group

1. For selected tours, the Service Provider may create a communication group on the online messenger indicated in the booking confirmation or invitation (currently: WhatsApp). The group serves efficient coordination before, during, and immediately after the tour - in particular: presence confirmation, weather updates, changes to the meeting time or place, warnings, splitting into subgroups, and post-tour photo sharing.
2. Joining the 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). By joining the group, the Participant consents to receiving organizational messages about the tour in it.
3. Using the group after the tour to send commercial information (e.g. about future tours, discount codes, news in the offer) constitutes direct marketing and requires the Participant's separate, express consent, which the Service Provider requests separately. Lack of marketing consent does not affect participation in the group or in the tour; the consent may be withdrawn at any time.
4. Effects of joining the group: the Participant's phone number becomes visible to other group members in line with the mechanics of the given messenger. 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 the messenger) 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. 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 data-processing rules of the messenger provider - information about the provider and the bases for data transfers is set out in the privacy policy.

§ 30. Complaints

1. The Client has the right to file a complaint about the performance of the guiding service. Filing the complaint within 30 days of the tour date is recommended - this period is purely indicative (it makes clarifying the matter easier) and its expiry does not deprive the Client of any rights arising from the law.
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:
   1. the Client's full name and contact details,
   2. the date and name of the tour concerned,
   3. a description of the issue (what specifically went wrong),
   4. the expected resolution (e.g. a full or partial refund, a voucher, rescheduling).
4. The Service Provider considers the complaint within 14 days of receipt (Article 7a of the Polish Consumer Rights Act). The response is sent to the e-mail address provided by the Client. Lack of a response within this period means the complaint is deemed accepted.
5. A complaint may concern in particular: non-performance or improper performance of the guiding service, non-conformity of the tour with the description on the Website, or a breach of these Terms by the Guide.
6. The following circumstances do not in themselves constitute a basis for a refund of the price (which does not mean a refusal to consider the complaint - see point 7):
   1. the Participant's withdrawal during the tour for reasons unrelated to safety (fatigue, change of mind),
   2. exclusion or refusal of participation due to non-compliance with these Terms (alcohol, missing required equipment, aggressive behaviour, signs of illness, breach of the TPN/TANAP rules),
   3. a route change, shortening, interruption, or cancellation of the tour for safety reasons (§ 22),
   4. concealment of material health circumstances (§ 14),
   5. the Participant's decision to separate from the group (§ 19).
7. Every complaint is considered individually. The Client retains the right to file a complaint on general terms (Article 471 of the Polish Civil Code) also in the matters listed in point 6, where the Client alleges a breach of due care by the Service Provider or the Guide.
8. If a complaint is accepted, the Service Provider will offer the Client (at the Client's choice): a partial or full refund, a 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 accepting the complaint.
9. A Client who is a Consumer may use out-of-court means of considering complaints and pursuing claims, including:
   1. the free assistance of a district (municipal) consumer ombudsman or consumer organizations,
   2. mediation or a permanent consumer arbitration court at the competent voivodeship inspectorate of the Trade Inspection,
   3. entities authorized to conduct out-of-court resolution of consumer disputes (ADR), registered in the register kept by the President of UOKiK - details: uokik.gov.pl and prawakonsumenta.uokik.gov.pl.
10. If the Client obtains a refund of a payment via a chargeback or a similar procedure with a payment provider, even though the service was properly performed or the amount was not refundable under these Terms, the equivalent of the amount so obtained constitutes a debt owed by the Client to the Service Provider. The Service Provider may present the bank or the payment operator with evidence of the conclusion of the contract and of the performance of the service (booking confirmation, correspondence, attendance list) and may pursue the debt on general terms. This does not limit the Client's right to file a complaint or to use procedures provided by law.

§ 31. Liability

1. The Service Provider is not liable for damage to the extent it arose from the Participant's failure to comply with these Terms or with the Guide's instructions; this does not apply to damage caused by the fault of the Service Provider or the Guide.
2. The Service Provider is not liable for Participants' personal belongings lost or damaged during the tour, unless the damage was caused by the fault of the Service Provider or the Guide.
3. The Participant is liable for damage caused by their fault to the Service Provider, the Guide, other Participants, or third parties, under the general rules of the Polish Civil Code. Liability for entrusted protective gear is governed by § 12, and liability for damage caused by minors - by § 15.
4. The rules of liability connected with the Participant's health and fitness are set out in § 14, and the awareness of the risks of mountain activity - in § 32.

§ 32. 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 the Participant's health or life.
2. Typical hazards in Tatra terrain include, among others: falls on slippery, icy, or 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), and getting lost in the terrain.
3. The Client and the Participant, by accepting these Terms, acknowledge and consciously accept 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 (§ 22). Nevertheless, the Service Provider does not and cannot guarantee the Participant's absolute safety.
4. The risk described in points 1-2 is an inherent element of mountain activity and exists regardless of the Guide's diligence. The Service Provider and the Guide are not liable for damage that is solely the consequence of this risk, that is, of events which do not result from the non-performance or improper performance of their obligations. This provision does not exclude or limit the liability of the Service Provider or the Guide for damage caused by their fault - in particular for personal injury - to the extent provided by law.
5. The Service Provider recommends that Participants have travel insurance covering mountain rescue and medical costs, especially for tours on the Slovak side (Horská záchranná služba rescue operations may be chargeable). The Service Provider does not provide such insurance and does not require proof of a policy - the decision and responsibility in this respect rest with the Participant (see § 13 point 6).

§ 33. 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, and 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 may use the out-of-court means of considering complaints and pursuing claims described in § 30 point 9.
4. These Terms, together with the tour description on the Website and the booking confirmation, set out the entirety of the contract terms. Verbal information of an organizational or illustrative nature (e.g. concerning the weather, views, or the expected course of the route) does not constitute an assurance or a change of the contract terms. This does not limit the Consumer's rights arising from the provisions on traders' information obligations.
5. If any provision of these Terms proves invalid or ineffective or is found to be a prohibited contractual clause, the remaining provisions remain in force. The relevant provisions of law apply in place of the ineffective provision.
6. The Service Provider may amend these Terms for important reasons, in particular: changes in the law or its interpretation, changes in the scope or manner of providing the services, a change of the payment operator or communication channels, or the need to correct provisions that are unclear or have been challenged by competent authorities. Changes are announced on the Website at least 14 days in advance. Contracts concluded before a change takes effect remain governed by the previous version.