Tourist Events. Insurance Terms and Conditions. Additional. Terms and Conditions of

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1 This 59th edition of the Terms and Conditions of Tourist Events is binding for tourist events booked on the website of TUI Poland and via Call Center as of 3rd August 2011 from Winter 2011/12 Catalogues Terms and Conditions of Tourist Events Detailed Conditions of Tourist Events of TUI Poland Sp. z o. o. with its registered office in Warsaw, Wołoska 9A Insurance Terms and Conditions Terms and Conditions of Travel Insurance Europäische Reiseversicherung AG Branch Office in Poland Additional Information for the Customers Travelling by Air

2 2 Terms and Conditions of Tourist Events Ladies and Gentlemen, You are kindly requested to read carefully the detailed Terms and Conditions of Tourist Events of TUI Poland Sp. z o.o. with its registered office in Warsaw at Wołoska 9A, Warsaw. We wish to point out that conclusion of an agreement for tourist event organisation is treated by us as your full acceptance of the presented Terms and Conditions of Tourist Events you were provided with at the travel agency before signing the agreement. The Terms and Conditions of Tourist Events apply to tourist events organised by TUI Poland Sp. z o.o. (hereinafter referred to as TUI). 1. Contract for Tourism Service Provision, travel confirmation 1.1 The reservation of possible participation in a tourist event made by the Customer shall be treated as a proposal to conclude an agreement for tourist event organization by TUI (hereinafter referred to as the Contract for Tourism Service Provision, Contract ). Reservation can be made in reply to a written, verbal or telephone application as well as electronic application via website. TUI catalogues, and written information serve as an invitation to conclude a contract and do not constitute an offer in the meaning of the Civil Code provisions. 1.2 Having made a reservation, the Customer receives a confirmation of the tourist event from his/her travel agency containing all the important information on the booked event (travel confirmation) and concludes a contract for tourism service provision in writing. 1.3 The person who signs the contract (makes a reservation), the Applicant, acts also on behalf of all the persons mentioned in the reservation as the participants of a tourist event, and thus assumes liability for such participants compliance with the terms of the contract. 2. Payment for the event 2.1 Tourist event including air carriage: a) if the event is booked 35 days or less before the date of the event commencement and in the case of Last Minute events - the Customer shall be obliged to pay full event price at the time of booking; b) if the event is booked 36 days or more before the date of the event commencement, the Customer shall be obliged to pay an advance at the time of booking in the amount of 20% (twenty) of the event price. The remaining amount should be paid by the Customer no later than 35 days before the event commencement. Client s own transport arrangements: a) if the event is booked 50 days or less before the date of the event commencement, the Customer shall be obliged to pay full event price at the time of booking; b) if the event is booked 51 days or more before the date of the event commencement, the Customer shall be obliged to pay an advance at the time of booking in the amount of 20% (twenty) of the event price. The remaining amount should be paid by the Customer no later than 50 days before the event commencement. 2.2 Payment for the accident, medical costs and cancellation insurance, made via TUI, is made along with the payment of the advance or the full price depending on the date of event booking. Costs of other services provided by TUI, such as agency services related to the awarding of visa, telephone reservations and queries are not (if not stated explicitly in the catalogue) included in the tourist event price. If such costs occur, they should be paid directly at the travel agency along with the tourist event price payment. 2.3 Having made a full payment for the tourist event, travel documents will be forwarded to the Customer directly to the address indicated in the contract for tourism service provision. If it is impossible to deliver the travel documents directly to the address indicated by the Customer in the contract, the travel documents will be sent to TUI address. In the case of reservations made 7 days or less before the planned date of the tourist event commencement, Customers are obliged to collect travel documents at the airport no later than 2 hours before the take-off based on an authorisation issued by the TUI sales department. 2.4 If the tourist event price is not paid within the time limit specified in point 2.1, the contract may be terminated on the date when 31 days remain until the event commencement or 46 days if the tourist event concerns the use of a house, apartment or vacation apartment (client s own transport arrangements). In this case TUI will charge the Customer with the costs of resignation from his/her participation in the tourist event in the amount and based on the principles specified in point 6.4 and 6.5 of the Terms and Conditions of Tourist Events. 2.5 To secure possible claims for the return of the funds paid TUI by Customers, TUI has concluded, pursuant to art. 5 in connection with art. 10 of the Act on Tourism Services of 29 August 1997, the Insurance Agreement Guarantee for our Customers with Deutscher Reisepreis- Sicherungsverein VVaG (DRS) with its registered office in Munich. The conclusion of the agreement is confirmed by the Guarantee Certificate included on page 7 of the Terms and Conditions of Tourist Events. 3. Service, prices 3.1 The type and scope of tourist event services is specified based on the content of TUI catalogues. The data included in the catalogue are generally binding on TUI. Before contract conclusion, TUI reserves its right to modify at any time the data contained in the catalogue of which the Customer will be informed before making a reservation via the travel agency where the contract for tourism service provision has been concluded. The tourist event commences and ends pursuant to the stay duration purchased by the Customer according to the dates of departure/take-off and return as indicated in the contract. The date of departure/take-off is the date of the event commencement and the date of return is the ending date of the event. The first and last day of the event is meant for travel/flight. 3.2 Any information beyond and/or incompliant with the contents of the catalogues, travel confirmations and contracts for tourism service provision are not binding on TUI. The catalogues, brochures, leaflets and other information or advertising materials not sourced from TUI do not constitute a part of the contract for tourism service provision. 3.3 The prices of tourist events and any additional services included in TUI catalogues, in the Terms and Conditions of Tourist Events and other documents provided to the Customers are given in PLN. The following forms of payment are accepted: cash, transfer, credit card using credit card terminal, credit card via TUI reservation system. The possibility of payment by credit card and transaction processing through TUI reservation system is permissible if accepted by the travel agency making the reservation. It is not possible to combine different forms of payment if credit card payment via TUI reservation system is selected, such as, for example, advance payment by credit card via TUI reservation system and next payment of the remaining amount in cash. If credit card authorisation is denied, the Customer is obliged to pay the required amount in cash. Debiting the credit card account, in the event of payment by credit card via TUI reservation system, with the advance amount shall take place within one week from the date of the contract conclusion and debiting with the remaining portion of the price will be charged within approx. 30 (thirty) days before the tourist event commencement. Payment by credit card is not allowed less than 14 days before the contractual date of departure. 3.4 To the extent possible, TUI tries to account for noncontractual requests of its Customers not included in the catalogue, such as neighbouring rooms, floor or exact room number. Only a written confirmation of a non-contractual special request of a Customer by TUI shall form a basis for the Customer s claims against TUI if such request is not fulfilled. TUI also declares that travel agencies acting a intermediaries in the process of concluding contracts for tourism service provision are not authorised to make any binding representations or promises or make arrangements different from the content included in TUI catalogue. Failure to fulfil noncontractual request of the Customer, if the Customer has not received a written confirmation from TUI, cannot be a basis for advancing any claims against TUI. 3.5 As part of tourist events organised by TUI, TUI does not provide special care to the juveniles or the persons in the case of which the is a basis for restricting their capacity to perform acts in law. Such persons may participate in tourist events under the supervision of adults. 3.6 International hotel night usually starts at 03:00 p.m. local time on the date of arrival and ends at 12:00 p.m. local time. The hotel night ends with breakfast pursuant to the meal option purchased by the Customer. In some cases possibility to have this meal may be limited due to the actual time of departure. By the time when the hotel night ends the Customer should leave the hotel room and remove his/her luggage from there. This principle applies also if the return travel commences later than 12:00 a.m. local time. In this case the Customer should leave his/her luggage in the place designated for such purpose if the hotel owner offers such an option. 3.7 Taking pets is permissible only if confirmed in writing by TUI. The cost of pet transportation and stay in the hotel is covered fully by the Customer. TUI also declares that travel agencies acting as intermediaries in concluding the contract for tourism service provision are not authorised to make any binding representations or promises concerning the permissibility of taking pets. The lack of possibility to take a pet by the Customer, if the Customer has not received a written confirmation from TUI, cannot be a basis for advancing any claims against TUI.

3 4. Changes in services and prices 4.1 TUI reserves its right to change the contractual price of a tourist event additionally confirmed in travel documents due to an increase of costs of transport (e.g. fuel surcharges), increase of administration fees, taxes or fees due for such services as airport service, loading and reloading in seaports and airports, increased rates of currency exchange. In the event of the necessity of price increase, TUI shall be each time obliged to document the influence of one of the above-mentioned circumstances on price increase. The Customers will be immediately notified by TUI of price change via the travel agency where the contract for tourism service provision has been concluded. The Customer will be informed of such a situation without delay upon its occurrence, on the 21st day before the date of departure at the latest. During 20 (twenty) days before the date of departure, the price specified in the contract with the Customer cannot be increased. 4.2 In the event of modification by TUI of material terms of the contract with the Customer, for reasons independent from TUI, before the commencement of the tourist event, TUI will be obliged to inform the Customer of the content of such modifications immediately via TUI Call Center. Having received such information, the Customer shall be obliged to inform TUI Call Center in writing, at rezerwacje@tuicp.pl or fax: , within the subsequent five days, if he/she accepts the suggested modification of the contract or withdraws from the concluded contract for tourism service provision against reimbursement of the payments made by him/her. The Customer who accepts the suggested modifications shall not have the right to claim damages due to such modifications. Exercising the right to withdraw from the contract by the Customer due to his/her non-acceptance of the modifications introduced into the contract for tourism service provision authorises, at his/her own discretion, to offer participation in a substitute tourist event organised by TUI having the same or higher standard unless he/she agrees to a lower standard against reimbursement of the difference in price or request for reimbursement of the fees paid due to the conclusion of the contract for tourism service provision. 4.3 Should a change of the departure or return airport be necessary due to the cancellation of a given flight as in point 13.1 c up to 7 days before the commencement of the event, TUI may offer, instead of withdrawal from the contract, an alternative air connection from another airport. 5. Discounts for children 5.1 Types and rates of discounts for children are defined in TUI catalogue. In the event if a child is a participant of a tourist event, the person making a reservation and concluding the contract should inform of this fact and indicate the child s age and exact date of birth as well as present a relevant document as proof. TUI shall have the right to verify the child s age based on personal documents. In case of discrepancy between the actual and notified age, TUI will be entitled to calculate and collect the correct travel price along with a processing fee in the amount of PLN 128. The child s age entitling to a discount shall be the age at the end of the tourist event. 5.2 No fees are charged for the children under the age of 2 travelling by air in the case of a tourist event including flight and accommodation. If only flight is purchased, 10% flight price fee is collected. In both cases the child travels without the right to his/her separate seat. 6. Participant s resignation, modification of reservation, substitute persons 6.1 Before the tourist event commencement, Customers may resign from the tourist event. The Customer is obliged to submit his/her declaration on resignation from the tourist event in writing to the following address: rezerwacje@tuicp.pl or by fax: The date of submitting cancellation shall be the date of its receipt by TUI. 6.2 Should the Customer resign from his/her participation in the tourist event or fail to commence tourist event for the reasons independent from TUI, TUI reserves its right to demand payment of the amounts equivalent to actual costs in the amount not higher than that established based on the principles specified in points 6.4 and 6.5 of the Terms and Conditions of Tourist Events (and insurance costs) incurred in connection with the preparation for tourist event organisation made to date. Calculation of the amounts due accounts for the saved costs and the possibility of other use of services. TUI leaves it to the Customer to decide on collecting evidence if due to resignation from participation in the tourist event or a failure to commence it, the costs incurred were lower than those specified by TUI as the actual costs of cancellation in the amount not higher than specified in points 6.4 and 6.5; or the Customer may request that TUI present individual calculation of the costs incurred. 6.3 The Customer covers cancellation costs also if he/she failed to arrive at the airport or the location of tourist event commencement on time, the time indicated in the travel documents or if his/her commencement of the tourist event is impossible due to the lack of documents, e.g. passport or necessary visa. If the Customer failed to inform TUI of his/her resignation from participation in the tourist event before its commencement, he/she is obliged to inform TUI of his/her non participation in the event by the end of the date of the tourist event commencement at the latest. 6.4 Standard costs of resignation from participation in a tourist event per person are the following: Up to 31 days before the event commencement 20% of the established price Between 30th and 23rd day 25% of the established price Between 22nd and 16th day 35% of the established price Between 15th and 9th day 50% of the established price Between 8th and 3rd day 70% of the established price Between 2nd day and the date of travel commencement or non-commencement 80% of the established price 6.5 Costs of resignation constituting an exception from the standard rule specified in point 6.4 are as follows: A. Last minute, TOP, offers of the day, special offers, saving offers: Up to 31 days before the event commencement 40% of the established price Between 30th and 23rd day 55% of the established price Between 22nd and 16th day 65% of the established price Between 15th and 9th day 75% of the established price Between 8th and 3rd day 85% of the established price Between 2nd day and the date of travel commencement or non-commencement 95% of the established price B. Flats, apartments and holiday homes (client s own travel arrangements): Up to 46 days before the event commencement 20% of the established price Between 45th and 36th day 50% of the established price Between 35th and 3rd day 80% of the established price Between 2 nd day and the date of travel commencement or non-commencement 90% of the established price C. If the subject of the contract is a charter flight only or a regular service flight only: Up to 31 days before the event commencement 20% of the established price Between 30th and 15th day 50% of the established price Between 14th and 2nd day 75% of the established price Between 17th day before on the date of travel 95% of the established price Regulation C applies to the cancellation of charter or regular service flight only and it is not applicable to combined events to which separate regulations included in points 6.4, 6.5 and sub points A, B apply. These fees constitute an equivalent of the costs incurred by TUI due to the changes made. 6.6 Upon the Customer s request and depending on the availability of places, there is a possibility of contract (reservation) modification if such modification is notified within 31 days before the date of the tourist event commencement or within 46 days before the tourist event commencement if the tourist event concerns the use of a house, apartment or holiday apartment (client s own travel arrangements). In such cases, TUI shall charge the fee of PLN 128 per person on account of its incurred costs. These fees constitute the equivalent of the costs incurred by TUI due to the changes made. In the event of reservation modification, the Customer shall be obliged to cover the costs of reservation modification and sign a new contract. In the case of on-line reservations made 3

4 4 on: reservation modification made 31 days or more before the event commencement is free of charge. 6.7 The concept of contract amendment, referred to in point 6.6, shall be understood as the change of a tour operator, place of stay or tourist route, tourist event programme, tourist event price, mode of payment and other contract provisions listed in art. 14 item 2 of the Act on Tourism Services. The changes made after the lapse of 31 days before the date of departure or 46 days if the tourist event concerns the use of a house, apartment or holiday apartment (client s own travel arrangements) may be introduced only following termination of the existing contract based on the principles specified in points 6.4 and 6.5 and simultaneous conclusion of a new contract. If it follows from the concluded contract for tourism service provision that several participants are supposed to take part in a given tourist event, resignation of one of its participants from the participation in this event or a change in the age of the participant authorises TUI to recalculate the price for the participation in the event. 6.8 Until the commencement of the tourist event, the Customer is authorised to transfer the rights and obligations under the contract to a third person. The substitute person should fulfil all the requirements necessary to participate in a tourist event. The Customer (Applicant) shall be obliged to inform TUI on the change of the participant in writing under pain of nullity before the commencement of the tourist event. The processing fee for the change of the participant is PLN 128 per person. In the event of regular service flights or tourist events with regular service flight such change is impossible, unless the Customer receives a written confirmation from TUI that the participant substitution is possible and the amount of related costs. The payment of the costs of a tourist event and additional costs incurred due to the change of a substitute person shall be joint and several responsibility of the Customer and the substitute person. The Customer may request that TUI present individual calculations of the costs incurred due to the transfer of the rights and obligations under the contract to a third party. These fees constitute the equivalent of the costs incurred by TUI due to the changes made. In the case of on-line reservations made on: participant substitution made 31 days or more before the event commencement is free of charge. In the event of participant substitution made after the lapse of 31 days before the event commencement, the Customer shall be obliged to pay processing fee of PLN 128 per person. 6.9 In the case of a reservation of only the charter flight from the promotional offer, a change of the return date or airport, following the commencement of a tourist event shall not be permissible. In the event of reservation of a regular service flight only, a change of the return date or airport after the event commencement shall not be possible, unless TUI manages to obtain a written confirmation from the airlines that such change is possible and the Customer confirms in writing that he/she shall cover the costs related to such change. 7. Air travel 7.1 As of 16 July 2006, the travel service operator is obliged, pursuant to regulation /EG/2111/2005 of 14 December 2005, to inform passengers travelling by air of the identity of the air carrier effecting transport. If on the date of the contract conclusion the air carrier is unknown, the operator undertakes temporarily to give the identity of a likely carrier. As soon as the carrier is finally established, the operator shall inform the Customer immediately via the travel agency where the reservation has been made. In the event of a change of the carrier after contract conclusion, the Customer shall also be informed immediately by the operator. TUI reserves the possibility of airlines and flight number changes. The list of air carriers which are banned to provide transport within the community is available on or the website of the Polish Civil Aviation Office TUI air travels are usually non-stop travels, however, there is a possibility, due to programme or technical reasons for example, of intermediate landing during travel. The times of flights given at reservation and in the travel documents are estimated times and may change essentially (due to temporary overload of international air corridors, strikes and other operational reasons independent from TUI). In such a situation the Customer can exercise his/her rights specified in point 4.2 of the Terms and Conditions of Tourist Events. In some cases the arrival of a plane to the destination place may occur at night, and return flight in the morning. 7.3 In the case of certain flights it is possible to book specific seats on the airplane at an additional fee of PLN 25 (per person one-way). Information on such an option is included in TUI catalogue. In the event of failure to reserve airplane seats, the seat reservation fee shall be returned to the Customers in full. 7.4 Information on permissible luggage weight per Customer is included in the travel documents. Such information can also be obtained from the travel agency. Children under the age of 2 are not entitled to separate luggage hours before take-off, the Customer is obliged to confirm the take-off time with the travel agency in which he/she signed the contract. The Customer is obliged to confirm with the travel agency representative on site the time of return travel. If the subject of the contract concluded is flight only, the Customer is obliged to confirm the time of take-off by calling the telephone number indicated above 48 hours before take-off, and the return time pursuant to the information included in the travel documents. Should the Customer fail to comply with the obligation referred to in this point, TUI shall not be held liable towards the Customer. 7.6 The Customers participating in a tourist event including a flight, should arrive at the airport at least two hours before planned take-off. 7.7 Transport of special luggage (sports equipment, wheel chairs, etc) is permissible following prior notification of the given airlines against an additional fee. Information on the prices of this type of transport may be obtained from such airlines which are solely responsible for the organisation and effecting such transport as well as for collection of fees. Special luggage transport from the destination airport to the hotel or the Customer s place of destination under the contract shall be at the Customer s cost and risk. Transport of animals is possible following prior notification and confirmation by the airline against additional fee. In this case, the provisions of point 3.7 of the Terms and Conditions of Tourist Events shall apply. 7.8 The risk of loss of money, valuable items, technical equipment and medicines contained in the luggage transferred for transport shall be borne by the Customer. Possible damages incurred during air transport shall be remedied pursuant to the aviation law. Transport of valuable items (money, medicines, electronic appliances, valuables) is not possible in registered luggage. 8. Care on site, tourist event management During tourist events organised by TUI, the Customer service is taken over by the employees of the Service World of TUI, travel agency representative, TUI representative office or apartment owner s proxy. 9. Extension of stay If the Customers wish to extend their stay, the Customers are requested to contact the tourist event operator s representative well in advance. Extension of stay is possible only if accommodation or vacant seats on the plane or other means of transport are available. The Customer is obliged to pay the costs of extended stay in cash on site. If, due to stay extension, the airport changes, the Customer shall not be entitled to a claim for a substitute means of transport provision. The costs of stay extension are calculated based on seasonal daily tariffs. In the above-mentioned case, please check your passport and visa validity dates. 10. Customised tourist event The Customer may request that TUI organise a customised tourist event. If organisation of such a tourist event is possible, TUI shall each time charge processing fee in the amount of PLN 68 per person. If the duration of a customised tourist event is different than usually applicable one week vacation, an additional fee of PLN 68 per person will be collected. 11. Detailed guidelines for the Customers using flats, apartments and holiday homes (client s own travel arrangements) 11.1 Flats, apartments and holiday homes may be occupied only by the number of adults and children confirmed in the contract. Every Customer is obliged to keep the place of accommodation and common use premises clean and orderly. The Customer is obliged to cover all and any damages occurred during his/her stay through his/her or their travel companions and guests fault Pets may stay in flats, apartments and holiday homes only if such option is expressly allowed in TUI catalogue. TUI also declares that the travel agencies acting as intermediaries in the conclusion of the contract for tourism service provision are not allowed to make any binding representations or promises concerning the possibility of pets stay in flats, apartments and holiday homes. The lack of possibility of taking a pet by the Customer may not be a basis for advancing claims against TUI In the cases indicated on the website or in the catalogue, at keys transfer the Customer may be obliged to pay an adequate deposit to secure payment for possible damages incurred. The return and settlement of the deposit always occurs at the time of accommodation place leaving and transfer of the premises used in the condition provided for in the contract The Customers are obliged to comply with the agreed dates of arrival and departure from the place of stay and if such dates change, they are obliged to inform the operator s representative of this fact well in advance to allow TUI due performance of its obligations towards the Customer.

5 11.5 If the contract for tourism service provision concerns the stay in flats, apartments or holiday homes, the additional costs, which are not necessary, are not included in the tourist event price. If the information that they can be paid along with the event price or in another specified way is not included on TUI website or in the catalogue, they are payable on site. 12. Insurance during the tourist event 12.1 All TUI customers shall be covered with basic insurance against the consequences of accidents and treatment expenses Insurance sums under the basic variant resulting from the Travel Insurance Conditions forming an annex to the Insurance Contract no. 001/TO/2005 concluded on August 30, 2005 with Europäische Reiseversicherung AG Branch in Poland, are respectively the equivalent of following: - Medical treatment expenses up to EUR 10,000, - Consequences of accidents: - in the case of death PLN 10,000, - in the case of permanent injury up to PLN 20,000, - Transportation and repatriation costs (included in the treatment expenses insurance sum), - Costs of rescue services up to EUR 5,000, - Assistance, - Guaranteed coverage of treatment expenses up to the amount of the treatment expenses insurance sum TUI recommends that all its customers conclude an additional, extended coverage insurance contract, under optimum variant (optimum insurance or premium plus insurance). Additionally, there is a possibility of taking out insurance against the costs of withdrawing from the tourist event. Information concerning this type of insurance is available from the travel agency Detailed description of insurance coverage under the basic variant, optimum variant and against the costs of withdrawal from travel, is contained in the terms and conditions of Europäische Reiseversicherung AG Branch in Poland, listed at the end of the Terms and Conditions of Tourist Events Under insurance taken out through TUI no separate insurance policies shall be issued; booking number shall remain at the same time the policy number. 13. Contract termination by tourist event organizer 13.1 TUI shall have the right to terminate the contract for tourism service provision within 7 days prior to the commencement of the tourist event, by delivering to the Customer, via the travel agency in which the Customer concluded the contract for tourism service provision an appropriate declaration in writing, if: a) the required or specified in TUI catalogue or travel confirmation total number of tourist event participants has not been achieved. In the case of touring trips and sea cruises, TUI may terminate the contract for tourism service provision only for the reason of the absence of the minimum number of participants specified in the catalogue or travel confirmation, 7 prior to the event commencement date b) an Act of God event has occurred c) the required number of applications does not exceed 80% of the places planned for a particular travel TUI may terminate the contract for tourism service provision by delivering to the Customer a relevant written declaration, via travel agency, at which the Customer has concluded the tourism services contract if the Customer prevents the tourist event. The term the Customer preventing the tourist event shall be understood as Customer s conduct contrary to the laws of the Republic of Poland and the country of stay, applicable customs and social principles,. TUI shall then reserve the right to demand payment for the tourist event as specified in the contract for tourism service provision In the case of contract termination for reasons for which TUI is responsible, the Customer may immediately make a declaration expressing their expectation to be offered by TUI substitute, similar tourist services, of the same or higher standard, unless they agree to a lower standard with price difference reimbursement. Unless the Customer exercises their right to participate in another tourist event, they shall be immediately receive refund of the amount paid for the participation in the tourist event which failed to be held for reasons for which TUI is responsible. 14. Extraordinary events, Force Majeure events 14.1 If, as a result of Force Majeure events, the tourist event is especially hindered, both the Customer and TUI shall have the right to terminate contract for tourism service provision In case the Force Majeure event occurred after the commencement of the tourist event, TUI shall take all the necessary measures aimed at ensuring the return of the tourist event participants, unless the contract obliged TUI to ensure return transport. The resulting expenses of organizing and ensuring the transport caused by the Force Majeure event shall be borne by the Customer and TUI in equal parts. 15. Liability 15.1 TUI shall be obliged to perform the contract for tourism service provision with due diligence, complying, at the same time, with professional and business ethics of its business activity TUI shall be liable for non-performance of undue performance of the tourism services contract unless such non-performance or undue performance is caused exclusively by the Customer s action or omission or action or omission of third parties not participating in the provision of services stipulated in the contract, provided such actions or omissions could not have been anticipated or prevented, or caused by Force Majeure events. Exclusion of liability for non-performance or undue performance of the contract shall not discharge TUI of its obligation to provide assistance to the Customer during the tourist event TUI shall not assume or accept any liability for the contents of hotel brochures printed or placed on hotel s website or any local information prepared by third parties, unless they have been included in the contract TUI shall not be liable for damage caused as a result of undue performance or non-performance of services being the responsibility of third parties, where TUI acted only as an intermediary ordering the services, and which were specifically designated as such in the catalogue description of the tourist event TUI shall not be liable for damage caused as a result of the Customer s participation in sports events and other activities held during the tourist event, not organized by TUI TUI shall not be liable for timely issuance and delivery of necessary visas by competent diplomatic missions TUI shall assume liability, possibly with the carrier, in accordance with the rules laid down in international conventions, namely the Warsaw Convention, the Hague Convention and the Guadalajara Convention, additional convention on air flights to the United States and Canada and the Montreal Convention of May 25, The Warsaw Convention and additional conventions on air flights to the United States and Canada generally limit carrier s liability for death and bodily injury as well as for loss or damage of baggage. Damage to Customers baggage caused during air transport should be reported immediately to the airline s representative office after identifying the damage with the use of reporting form (P.I.R.). In the case of damaged baggage, complaint should be lodged in writing within 7 days of the receipt of the damage baggage to the airline s representative office, and in the case of missing baggage, within 21 days During vessel (ship) and ferry transportation the specific shipping agent s rules shall apply, provided transport is not included in the TUI service package TUI shall, in accordance with the provisions of the applicable laws, have limited liability for non-performance or undue performance of services during the tourist event up to the maximum amount of twofold price of the tourist event to each Customer. The above limitation does not apply to physical injury. 16. Cooperation obligation 16.1 If, during the tourist event, the Customer identifies defective performance of the contract, they shall be obliged to immediately report it to TUI and the service provider in a manner suitable for the type of the service Customers renting apartments, suits and holiday homes, in case it is necessary to make a complaint, should lodge such complaint directly to the contact person indicated in the travel documents. In the case of ineffective intervention, they should contact the nearest Service World of TUI office or TUI local representative agency TUI expects its Customers to cooperate with TUI to ensure that the tourist event runs as provided for in the concluded contract. Therefore, cooperation should involve: - In the possession of a passport valid throughout the duration of the tourist event and during six months following its termination, taking into account that in certain cases this period may not be shorter than 12 months, - Holding a valid visa, - Having complied with other similar requirements authorizing visitors to stay in a particular country, on the territory of which the tourist event will take place, - Being in the possession of travel documents issued by TUI The Customer shall be responsible for complying with other requirements, in particular regarding health condition, enabling them to participate in the travel event without causing detriment to their own health or to the health of other event participants. 5

6 17. Complaints and time limit for filing claims 17.1 Any claims resulting from the tourist event being conducted in breach of the contract should be filed in writing and sent via registered mail or courier mail within the time period not exceeding 30 days of the end of the tourist event, to the tourist event s organizer to the following address: Customer Service Division [Dział Obsługi Klienta] TUI Poland SP. z o.o., ul. Wołoska 9A, Warsaw. Complains sent via or fax shall not be handled. TUI shall not accept any complaints made after elapse of the 30-day period following the end of the tourist event. In the complaint, the Customer shall have to identify defaults in the performance of the contract and specify their demands. Customers complaints shall be examined by TUI within time limits provided for in the respective legal regulations. Travel agencies shall not be authorized to receive letters of complaint of Customers. 18. Provisions concerning passport, visa, customs, foreign exchange and health protection requirements 18.1 Prior to the commencement of the tourist event, you are advised to get acquainted with the provisions concerning passport, visa, customs, foreign exchange and health protection requirements applicable in the country of destination and modifications therein, if any, stipulated in the catalogue description of the tourist event and travel documents. They contain important information concerning necessary formalities and procedures to be adhered to. More detailed information and advice shall be provided in the travel agency. Non-Polish citizens shall be obliged to obtain information on country-entry procedures at their respective diplomatic missions and shall be obliged to strictly adhere to such procedures The Customer shall be liable for adherence to and compliance with applicable regulations, necessary for the conduct of the tourist event. The Customer shall bear any adverse consequences, in particular the obligation to pay the costs of withdrawal from the tourist event, which resulted from non-compliance with such regulations, except for those due to false or missing information, being TUI s responsibility. Due to the lengthy waiting period for documents necessary while crossing the border (passport, identity card), you are kindly requested to take this fact into account while planning your travel abroad Please note that you are allowed to travel in the European Union in possession of your identity card. Travelling children should be in the possession of their own identity document (passport or identity card) or be entered into their parents passport While travelling outside the European Union, each tourist, including children, shall be obliged to hold a valid passport. 19. Conditions applicable to Customers who have concluded contract for tourism service provision involving Leisure Park Package 19.1 To Customers who have concluded a contract for tourism service provision involving Leisure Park Package involving Leisure Park Package shall apply these Terms and Conditions of TUI Tourist Events, with the exception of point 3.6, 3.7, point 7 and point 8 and any references in the Tourist Events Conditions to services involving air transport, taking into account the following additional provisions: a) The Leisure Park Package is a product involving own transport, excluding any air carriage or bus travel or transfers from/to the airports or railway/bus stations. b) The Leisure Park Package is exclusive of pilot s services, resident s services or travel guide s services or service of a persons supervising the tourist event on behalf of TUI. In the case of any problems, remarks, requests or questions, please contact the hotel reception staff, concierge, leisure park employees or the local Guest Relations office located in each leisure park. c) TUI shall not be liable for temporary non-availability of certain entertainment facilities closed due to, for example, weather conditions or maintenance of facilities to ensure visitors safety. d) The hotel day starts at hrs of the local time on the arrival day and ends on the departure day at hrs of the local time. The hotel day always ends with a breakfast. The Customer shall be obliged to vacate their room and remove the baggage by the time when the hotel day ends. e) It is not allowed to take pets. 20. Special regulations concerning negotiations and contract conclusion via Call Center 20.1 The provisions of this point 20 of the Terms and Conditions of Tourist Events shall apply if contract conclusion is preceded by negotiations with the use of distance communication media such as telephone (via Call Center) or facsimile. By submitting an offer of tour purchase using the above described media, the Customer agrees to such mode of negotiations Only negotiations may be conducted in the way described above If the Customer submits an offer to conclude a contract by telephone, TUI shall send the following documents to the Customer: contract including event price calculation, appendix to the contract including TUI bank account number, travel confirmation and the Terms and Conditions of Tourist Events Upon submission of the Customer s offer to conclude a contract with the use of distance communication media, referred to in point 20.1, TUI makes preliminary application registration if it is possible in the reservation system. The preliminary reservation is binding for TUI for 12 hours. Final reservation is made provided that the Customer has fulfilled the requirements described herein, especially provided that the event price has been paid and the contract has been signed pursuant to the provisions of point Should the Customer fail to fulfill the conditions described herein, the contract is not concluded and the reservation cancelled. Preliminary reservation is made by TUI at its own cost and risk provided that it is possible. Should the Customer fail to send a confirmation of contract conclusion and event price payment within the time limit given in point 20.5 below, the reservation is cancelled and the parties waive any claims against each other The Customer conducting negotiations with the use of distance communication media, referred to in point 20.1, shall be obliged to: a) pay for the event pursuant to the price given in the contract and travel confirmation. Payment shall be made by bank transfer to the account given in the appendix to the contract. Bank transfer confirmation should be sent to the following address: rezerwacje@tuicp.pl or by facsimile: within 1 hour from transfer order. b) sign the contract and confirm in writing his/her acceptance of the Terms and Conditions of Tourist Events. Confirmation is made by putting your signature to the contract. The signed contract (point b) and bank transfer confirmation payment for the event (point a) should be sent to the following address: rezerwacje@tuicp.pl or by facsimile: within 12 hours from the time of receipt of the documents referred to in point 20.3 from TUI. The original signed contract should be sent to the address of TUI Poland sp. z o.o. ul. Wołoska 9A, Warsaw with a note TUI POLAND Call Center no later than 7 days from the date of its receipt from TUI. In the case of last minute services, the signed contract should be submitted to the TUI representative at the airport no later than 2 hours before take-off The contract is concluded upon the receipt of the signed contract and confirmation of payment for the event by TUI, pursuant to the provisions of point The contract is executed on the date specified in the contract and travel confirmation. The contract is concluded for a specified period of time as indicated in the contract and travel confirmation. 21. General provisions These detailed Terms and Conditions of Tourist Events do not breach any provisions of the Act on Tourism Services or Act on the Protection of Certain Consumer Rights and Liability for Damage caused by any Hazardous Product. Invalidity of individual provisions of the contract for tourism service provision shall not affect validity of the contract as a whole. This also applies to these Terms and Conditions of Tourist Events. Any disputes arising out of or in connection with the performance of the contract for tourism service provision shall be settled by the parties amicably, failing which such disputes shall be resolved by a common court of law having territorial and material jurisdiction. TUI Poland Sp. z o.o. Entry into the Register of Tourism Organizers and Travel Agencies of the Mazovian Voivodeship under number 726 These Tourist Events Conditions shall apply to events booked from August 3, Delivered for printing, August 2011, issue 59 6