aurora nvd

Terms & Conditions

General provisions

  1. Night-vision and thermal equipment rental services and guided night hiking trips are provided by Krzysztof Fus, operating a sole proprietorship under the name Krzysztof Fus, based in Kraków, Poland, NIP (tax ID) 6751790626, REGON 526931719 (hereinafter: the “Organizer” or “Lessor”).
  2. These terms and conditions (hereinafter: the “Terms”) set out the rules and conditions for providing the services referred to in point 1 — both equipment rental and the organization of guided hiking trips.
  3. These Terms are available on the Organizer’s website in a form that can be downloaded and printed, and are made available before a contract is concluded.

Equipment rental

Booking and rental agreement

  1. Equipment can be booked by email, phone, or via social media.
  2. Equipment rental takes place under a separate, written rental agreement concluded with the Lessor, specifying, among other things, the rental item, duration, and the rental fee and deposit amounts.
  3. The Lessor represents that it owns the rented equipment and that the equipment is complete, in proper working order, and free of defects. The Lessor provides usage instructions along with the equipment; the renter must use the equipment in line with those instructions and its intended purpose.
  4. The rental agreement takes effect once the renter pays the rental fee and deposit within the period stated in the agreement; if payment isn’t made in that period, the agreement is treated as never having been concluded.
  5. The rental fee is paid in full up front for the whole rental period — in cash when the agreement is signed, or by bank transfer against a VAT invoice, within the period stated in the agreement.
  6. The minimum rental period over a weekend (Friday–Sunday) is 2 days.

Deposit and renter liability

  1. Renting equipment requires payment of a refundable deposit in the amount listed in the price list for the given device, or as agreed in the rental agreement.
  2. The renter is fully liable for the rented equipment from the moment it is handed over until it is returned, including for damage, destruction, or loss.
  3. The deposit is settled after the equipment is returned, less the cost of any repairs, missing items, or other amounts owed under the rental agreement.
  4. If damage exceeds the deposit amount, the renter covers the difference up to the full value of the damage.
  5. The renter uses the equipment personally; lending or subletting it to a third party requires the Lessor’s consent.
  6. If the renter seriously breaches the agreement — including using the equipment other than as intended, handing it to a third party without consent, damaging it, or storing it improperly — the Lessor may terminate the agreement immediately and keep the rental fee already collected, along with any additional amounts owed.

Equipment return

  1. Equipment must be returned to the Lessor promptly once the rental period ends, in no worse condition than results from proper, normal use.
  2. For each day the equipment’s return is delayed, the Lessor may charge a contractual penalty in the amount specified in the rental agreement; the Lessor retains the right to seek damages beyond that penalty.
  3. Returning equipment before the rental period ends is possible, but doesn’t reduce the rental fee owed for the full agreed period.
  4. Extending the rental period is only possible with the Lessor’s consent.

Delivery

  1. Equipment can be delivered anywhere in Poland via courier.
  2. Delivery cost is covered by the renter and added to the rental fee.
  3. Delivery terms are agreed individually when the rental agreement is signed.
  4. If the renter fails to collect a shipped equipment delivery, the rental agreement lapses, and the Lessor is entitled to keep the rental fee already collected, along with any additional amounts owed.

Guided hiking trips

A guided hiking trip lasts about 2–3 hours and takes place in a group of up to 8 people under the supervision of a guide, covering the time and route planned from the meeting point back to the meeting point. Its purpose is to introduce participants to the technical capabilities of optoelectronic equipment, time spent in nature, and the natural and cultural features of the surrounding area. The course of the trip, including any stargazing, may depend on weather conditions.

Participation and safety

  1. A trip participant is any adult person registered for and taking part in a trip, with full legal capacity. Minors or persons without full legal capacity may take part under the supervision of a guardian.
  2. Participants must comply with these Terms and generally applicable law.
  3. Participants must behave in a way that does not endanger the safety and health of other participants and the Organizer, treating them with respect, and must help one another along the route.
  4. Participants must follow the Organizer’s organizational and safety instructions.
  5. Participants are strictly prohibited from, in particular: possessing or consuming alcohol or intoxicants during the trip; violating the bodily integrity of other participants, the Organizer, or third parties; aggressive or offensive behavior; damaging the property of other participants, the Organizer, or third parties; damaging visited sites or nature; bringing animals; endangering the safety, health, or life of others; entering areas that are off-limits, including areas designated as such by the Organizer.
  6. Participants arrange and cover the cost of their own meals, and pay for admission tickets where required to complete the trip.
  7. Each participant takes part in the trip at their own risk and insures themselves against accidents at their own cost. The Organizer may offer the option of purchasing such insurance through its insurance partner.
  8. Guardians are responsible for the safety of minor participants. Participants who breach these Terms or applicable law may be removed from the trip at any stage, without a right to a refund.
  9. Participants are responsible for arranging their own transport to and from the meeting point.
  10. If participants notice any threat to the life or health of participants, the Organizer, or third parties, they should immediately notify the Organizer, follow the Organizer’s instructions, and, where necessary, notify the appropriate emergency services.

The Organizer’s obligations

  1. The Organizer collects participants from the meeting point, guides them along the planned route, and returns them to the meeting point, ensuring a safe passage along the route. The Organizer is not liable for sudden events, including force majeure, that prevent the route from being completed, for the consequences of accidents to persons or property caused by a participant’s fault, or for personal belongings left behind or lost by participants. The Organizer reserves the right to determine and change the course of the trip for justified reasons.
  2. In circumstances beyond the Organizer’s control — including force majeure such as fire, flood, natural disasters, storms, or an epidemic — the Organizer reserves the right to cancel a trip, promptly notifying participants using the contact details they provided. In that case, and also if a trip must be cancelled or cut short due to weather conditions or other unforeseen circumstances on the Organizer’s side, the participant may choose either a new trip date or a refund of the amount paid. A participant’s no-show at the meeting point without prior notice is treated as a completed trip, with no right to a refund.

Registration and payment

  1. The Organizer publishes trip dates and details on its website (guided hiking trips) and on its social media (Instagram, Facebook).
  2. A trip can be booked by phone, email, via the contact form on the Organizer’s website, or through social media. For phone registration, the interested person must confirm their intent to participate by email, including acceptance of these Terms, for the registration to take effect.
  3. Payment for a trip is due within the period specified by the Organizer — by bank transfer, online, in cash, by payment card, or in the form of a gift voucher.
  4. A participant may cancel their participation in a trip at any time; amounts already paid for the trip are non-refundable in that case — subject to the right of withdrawal from a distance contract described in the “Right of withdrawal” section below.

Equipment used during the trip

  1. During a trip, the Organizer may make optoelectronic equipment and accessories available to participants; information on the availability and type of equipment is provided in the announcement for a given trip. This equipment is owned by the Organizer, who arranges for its delivery to the trip location.
  2. The Organizer assigns equipment to participants for use. If the amount of equipment does not match the number of participants, participants may take turns using it during the trip so that each has equal access. Equipment is handed over for the duration of the trip and must be returned to the Organizer once it ends.
  3. On receiving equipment, a participant must inspect it and assess its technical condition, promptly reporting any issues found to the Organizer. The Organizer is responsible for providing complete, properly functioning equipment and is not liable for damage or malfunction arising from causes beyond its control. Each participant receives operating instructions along with the equipment, plus a brief briefing at the meeting point, and must use the equipment in line with these and its intended purpose.
  4. The Organizer insures the optoelectronic equipment itself. A participant is liable for any damage to or loss of equipment during the trip, excluding damage from normal use or wear. The cost of using the equipment is included in the trip price. If damage is noticed when equipment is returned, the Organizer and the returning participant draw up a written record of it; where equipment was used by more than one participant, those participants are jointly and severally liable for the damage.
  5. During a trip, the Organizer may also make other activity materials available (e.g. maps, photos), which remain the Organizer’s property and must be returned once the trip ends; a participant is liable for any damage they cause to these materials, and where multiple participants share them, that liability is joint and several. The Organizer holds the copyright to materials prepared for the trip, and participants agree not to infringe it.

Use of participants’ image

  1. By accepting these Terms, participants consent to being recorded, photographed, filmed, or otherwise documented free of charge during the trip.
  2. Participants consent to the use, posting, sharing, and distribution of their digitally recorded image in connection with their participation in the trip, through any medium, for any lawful purpose — including online publications, the Organizer’s website, and its social media (Instagram, Facebook), as well as for marketing, promotional, and commercial purposes. This includes, in particular, the Organizer’s right to use, distribute, transform, and modify photographs capturing a participant’s image without limitation, to combine them freely with text or other graphic elements, and to use them for promotional and advertising purposes — in accordance with Article 81(1) of the Polish Act of 4 February 1994 on Copyright and Related Rights, and on the basis of Article 6(1)(a) of Regulation (EU) 2016/679 (GDPR).
  3. Consent to the use of a participant’s image is granted free of charge, without time or territorial limits. The Organizer may transfer the rights arising from this consent to third parties without needing separate permission. Participants waive all claims, including for compensation, against the Organizer and any third parties it authorizes, arising from the use of their image on the terms described above.

Data protection

  1. The controller of the personal data of customers and trip participants is the Organizer: Krzysztof Fus, operating a sole proprietorship under the name Krzysztof Fus, NIP 6751790626, REGON 526931719.
  2. Full details of how personal data is processed — including the purposes and legal bases for processing, data retention periods, and data subject rights — are set out in the Privacy Policy.

Right of withdrawal

  1. Equipment rental. Under the Polish Consumer Rights Act (consolidated text: Journal of Laws / Dz.U. 2024, item 1796), the right to withdraw from a distance contract does not apply to a fixed-term equipment rental agreement where the Lessor has fully performed the service with the consumer’s express prior consent, after having informed them of this before the service began. Details on the right of withdrawal are set out in the rental agreement concluded individually with each renter.
  2. A trip booked directly. Under Article 38(12) of the Polish Consumer Rights Act (Dz.U. 2024, item 1796), the right to withdraw from a distance contract does not apply to leisure-related services where the contract specifies a day or period for the service to be provided — which is the case when a trip is booked directly for a specific date. A participant may cancel their participation at any time on the terms described in the “Registration and payment” section above; amounts already paid are non-refundable in that case.
  3. Gift voucher. Buying a gift voucher does not fix a specific trip date, so the exemption referred to in point 2 does not apply. Under the Polish Consumer Rights Act (Dz.U. 2024, item 1796), the buyer has the right to withdraw from the distance contract within 14 days of purchase, without giving a reason, as long as the voucher has not yet been redeemed. After that period, or once the voucher has been redeemed, a refund is not possible, but the voucher can be transferred to someone else after contacting the Organizer.

Final provisions

  1. By registering for a trip or booking equipment, regardless of the channel used, the customer or participant accepts these Terms, including the consents described in them, and agrees to comply with them.
  2. Matters not covered by these Terms are governed by Polish law, including the Polish Civil Code. In disputes not covered by these Terms, the Organizer decides, with due regard for the law and for the rights of the customer and participant. The parties will seek to resolve any dispute amicably; failing that, the competent court is the one with jurisdiction over the Organizer’s registered seat.
  3. These Terms may be amended, in particular due to changes in the law. Amendments may not infringe rights already acquired by a customer or participant.
  4. Any concerns about a trip or a rental, and any complaints, can be sent to contact@aurora-nvd.eu.