Resolution No. 7 of the Presidium of the Supreme Council of the Polish Chamber of Tourism adopted on 24 June, 2009
Resolution No. 7
of the Presidium of the Supreme Council of the Polish Chamber of Tourism
adopted on 24 June, 2009
on the Innovative Programme on Activation of Incoming Tourism to Poland
laid down in the Declaration on Cooperation in the Field of Activation of Incoming Tourism
signed between the Ministry of Foreign Affairs and the Polish Chamber of Tourism
amended by resolution adopted on August 19, 2009.
Pursuant to the provisions provided for in the Declaration on Cooperation in the Field of Activation of Incoming Tourism signed between the Ministry of Foreign Affairs and the Polish Chamber of Tourism, the Presidium of the Supreme Council of the Polish Chamber of Tourism passed this Resolution in order to set the operating conditions for the Innovative Programme on Activation of Incoming Tourism to Poland laid down in the above mentioned Declaration in the following wording:
1. Definitions
For purposes of this Resolution the terms listed under subparagraphs 1-9 shall have the following meaning:
1) Resolution - this resolution
2) MFA - Ministry of Foreign Affairs
3) PCT or Chamber - Polish Chamber of Tourism
4) Declaration signed between MFA - PCT - Declaration on Cooperation in the Field of Activation of Incoming Tourism signed between the MFA and the PCT.
5) Programme - the Innovative Programme on Activation of Incoming Tourism to Poland laid down in the Declaration implemented under the auspices of the MFA and the PCT.
6) Entrepreneur – an entrepreneur pursuing his business activities in the field of incoming tourism to Poland.
7) Foreign Contractor – a contractor of the Entrepreneur pursuing his business activity abroad in the field of incoming tourism to Poland.
8) Certificate – a certificate issued by the Polish Chamber of Tourism certifying that both the Entrepreneur and the Foreign Contractor are acquainted with and accept the operating conditions of the Programme and are prepared to participate and have expressed their will to participate in the Programme
9) Certified Tourism Entrepreneur – An entrepreneur with a certificate
2. Object of the Resolution
The Resolution lays down:
1) procedures and conditions of participation in the Programme, including conditions for obtaining the Certificate.
2) scope of liability for infringement of the conditions of participation in the Programme.
3) organization and powers of the Certification Council.
3. Entrepreneurs entitled to obtain a Certificate
1. An Entrepreneur who has pursued his business activity in the field of incoming tourism to Poland for at least 12 months prior to submitting an application for issue of a Certificate shall be entitled to obtain a Certificate.
2. Membership in any chamber of commerce is irrelevant as far as obtaining a Certificate is concerned.
4. Certificate
1 The Certificate is issued by the Certification Council.
2 The Certificate is issued to a bearer.
3 The first Certificate is issued for a period of 12 months, while the next one is issued for a period of 24 months.
4 The wording of the Certificate is:
“CERTIFICATE NO. __/2009 The Polish Chamber of Tourism hereby certifies that ____________with its registered office in _______________, entered into the Register of Entrepreneurs by the Regional Court in _________________ under the National Court Register number ________//, entered into the Register of Business Activities kept by _________ under number _______ (symbol of the entrepreneur), is a Certified Tourism Entrepreneur registered in the Polish Chamber of Tourism and is participating in the Programme on Activation of Incoming Tourism to Poland implemented under the auspices of the Ministry of Foreign Affairs and Polish Chamber of Tourism. This Certificate is valid until ______".
5 The Certificate in the form of document is signed by the President of the Chamber and by the Chairman of the Certification Council.
6 The Entrepreneur obtains the Certificate in the form of document
7 A register of the Certificates is kept by the Executive Office of the Chamber
8 The Certificate in the form of document is a pre-numbered form
9 The Register of Certified Tourism Entrepreneurs can be found on the website of PCT.
5. Expiration of the Certificate
1 The Certificate expires with the expiration of the period for which it has been issued.
2 The Certificate expires on the day it is withdrawn.
3 Certificate withdrawal information shall be:
a) handed over to the Border Guards and the relevant President of the Provincial Parliament.
b) published on the website of the PCT
6. Application for the issue of the Certificate
1. The Certificate is issued upon a written application submitted by the Entrepreneur to the PCT.
2. The application for the issue of the Certificate is examined by the Certification Council.
3. The Certification Council shall examine the application immediately, however not longer than within a period of 14 days from the date of submitting the application to PCT.
4. A specimen application shall be attached as Annex no. 1 hereto.
5. Upon submitting a signed application the Entrepreneur declares that:
a) the Entrepreneur is acquainted with the conditions of the Programme and accepts them, is prepared to participate and has expressed his will to participate in the Programme, and obliges himself to observe the conditions of the Programme,
b) the Foreign Contractor has consented to participate in the Programme and the Foreign Contractor has informed the Entrepreneur that he is prepared to participate in the Programme, he accepts the conditions of the Programme and has expressed his will to participate in the Programme and obliges himself to observe the conditions of the Programme,
c) the Entrepreneur obliges himself to observe the conditions of the incoming PCT vouchers exchange.
d) the Foreign Contractor obliges himself to observe the conditions of the incoming PCT vouchers exchange laid down herein
e) the Entrepreneur obliges himself to allow the Certification Council to control if the Entrepreneur observes the Programme participation conditions.
f) neither bankruptcy nor liquidation proceedings have been instituted against the Entrepreneur, nor has the Entrepreneur submitted a winding-up or a bankruptcy petition
6 Declarations referred to in letter a) – f) in paragraph 5 shall be made in the application for the issue of the Certificate.
7 The following documents shall be attached to the application for the issue of the Certificate:
a) a certified true copy of the entry in the Central Register of Tourism Organizers and Intermediaries or in the Central Register of Hotels
b) a valid certified copy of the entry in the National Court Register or in the Register of Business Activities (issued no sooner than 3 months prior to date of submitting the application for the issue of the Certificate),
c) the incoming PCT vouchers exchange procedures the Entrepreneur is bound to observe
8. After examining the application the Certification Council may:
a) issue a Certificate,
b) refuse to issue a Certificate,
c) withdraw an issued Certificate
9 If the application does not meet the formal criteria, the Certification Council may, depending on the kind and gravity of the violations, return the application to the Entrepreneur or call the Entrepreneur to fill in the missing information.
10 The Certificate or a refusal to issue a Certificate shall be handed over to the Applicant.
7. Vouchers exchange procedures
The incoming vouchers exchange procedures are attached hereto as Annex no. 2.
8. Refusal to issue a Certificate
1. The Council shall refuse to issue a Certificate to an Entrepreneur who:
a) has pursued his business activity in the field of incoming tourism to Poland for a period shorter than a year from the date of submitting an application for issue of a Certificate,
b) did not guarantee to properly fulfill the obligations provided for in the Programme,
c) did not take part in a training related to the conditions for participating in the Programme,
d) did not pay the certification fee provided for in the Resolution,
e) has had his Certificate withdrawn.
2. The Council shall justify in writing the reason for refusing to issue a Certificate
9. The Certification Council
1 The members of the Certification Council shall be appointed and dismissed by the Presidium of the Chamber.
2 The term of office of the Certification Council shall terminate on the same date the term of office of the Presidium of the Council of the Chamber that appointed the members of the Council terminates.
3 The Certification Council consists of 7 members: 4 representatives of the Chamber, 1 representative of the MFA, 1 representative of the Border Guards and 1 representative of the Ministry of Sport and Tourism.
4 The Certification Council shall perform the following tasks:
a) examine the application for issue of a Certificate,
b) issue and withdraw a Certificate,
c) monitor if the Certified Entrepreneur and the Foreign Contractor observe the visa regulations and the Programme participation conditions
5 The members of the Certification Council enjoy full time employment.
6 If the Certification Council obtains information that a Certified Entrepreneur does not observe the Programme participation conditions, the Certification Council shall have the right to demand explanations from the Certified Entrepreneur in this matter
7 If a Certified Entrepreneur does not observe all of Programme participation conditions, the Certification Council may inform the relevant President of the Provincial Parliament about it.
8 The Certification Council shall act according to rules and regulations it has agreed upon on its own, having regard to the provisions this Resolution.
9 Any back-office services for the Certification Council shall be performed by the Executive Office of the Chamber.
10. Foreign Contractors of the Certified Entrepreneurs
- The Certified Entrepreneur shall be obliged to submit an update list of Foreign Contractors to the Polish consular office.
- The obligations of the Foreign Contractor are laid down in Annex no. 3 attached hereto.
- Only a Foreign Contractor who obliges himself to fulfill the obligations laid down in Annex no. 3 attached hereto, pursuant to the agreement with the Certified Entrepreneur, can participate in the Programme.
- The Certified Entrepreneur shall grant the Foreign Contractor the power of attorney to issue incoming vouchers in the name of the Certified Entrepreneur. The power of attorney shall include elements laid down in Annex no. 3 attached hereto.
11. Liability of a Certified Entrepreneur under the Programme
1. If the Certified Entrepreneur violates any of the Programme participation conditions, the Certification Council, taking in particular the kind and gravity of the violations into consideration, may withdraw the Certificate.
2. The Certified Entrepreneur shall suffer the same consequences as above if the Programme participation conditions are violated by the Foreign Contractor.
12. Violation of Programme participation conditions
The Programme participation conditions are violated in particular if:
1) the vouchers exchange procedures are not observed and the voucher has been used for a purpose, or its holder has stayed in a place, other than the one stated on the voucher,
2) the Polish binding visa regulations are not observed,
3) the Certified Council is not allowed to inspect if the Programme participation conditions are observed,
4) the observations lodged by the Polish consular offices related to the cooperation between the Certified Entrepreneur and the Polish consular offices have not been complied with,
5) the restrictions related to the use or disposal of the Certificate have been violated,
6) an updated register of Foreign Contractors has not been submitted to a Polish consular office by the Certified Entrepreneur.
13. Withdrawal of the Certificate
1 The Council may withdraw the Certificate if the Certified Entrepreneur or the Foreign Contractor violates the Programme participation conditions
2 The Council shall justify in writing the reason for withdrawing the Certificate
14. Appeals
1 The Certified Entrepreneur shall be entitled to lodge an appeal against Certification Council decision to the Presidium of the Polish Chamber of Tourism within 21 days from the day of obtaining the Council decision.
2 The Presidium of the Polish Chamber may either allow or refuse to allow an appeal. The decision passed by the PCT is final.
15. Extension of the Certificate
1. The validity of the Certificate shall be extended upon a motion submitted by the Certified Entrepreneur at least 30 days prior to the expiration date of the Certificate.
2. When the Entrepreneur wishes to extend the validity of his Certificate, he shall present a certified copy from the National Court Register or from the Register of Business Activities issued not sooner than 3 months prior to the date on which he submitted the application for issue of the Certificate for renewal of the Certificate.
16. Handling charges connected with the participation in the Programme paid by the Entrepreneur
- The Entrepreneur participating in the Programme shall pay a handling charge after the Certificate is issued. The handling charge comprises a fixed charge in the amount of PLN 500 and a variable charge in the amount of:
a) PLN 0.80 for each individual voucher,
b) PLN 12 for each group voucher (more than 11 people).
- The charge referred to in paragraph 1 shall be paid to the computer programme operator designated by the Chamber.
17. After each renewal of the Certificate the Entrepreneur shall pay 50% of the fixed charge in accordance with paragraph 16 point 2.
18. Restrictions related to the use or the disposal of the Certificate
1. The Entrepreneur shall not be entitled to use the Certificate:
a) when he has suspended his business activity,
b) when he is winding up and after he has declared bankruptcy,
c) after his Certificate has been withdrawn.
2 The Entrepreneur is not allowed to lend the Certificate to anyone
3 The Entrepreneur is not allowed to dispose of the Certificate.
4 A violation of any of the above mentioned restrictions shall be grounds for the withdrawal of the Certificate.
19. Trainings
1. An Entrepreneur shall be entitled to obtain a Certificate on the condition that he participates in a training related to Programme participation conditions, including:
a) incoming tourism visa regulations,
b) conditions related to the cooperation with Polish consular office
2 The trainings will take place within the time periods published on the website of the Chamber.
3 The participants of the training have to pay for it. The training fee is set by the Presidium of the Chamber.
4 The participants of the training obtain a training participation certificate.
20. This Resolution comes into force on the day of its adoption
Annex no. 1
to the Resolution no. 7 adopted on 24 June, 2009
by the Presidium of the Supreme Council of the PCT
AN APPLICATION FOR ISSUE OF A CERTIFICATE
from \
Particulars of the Applicant:
1 Full company name:____________________________________________
2 Address:_______________________________________________________
3 Telephone numbers:____________________________
4 Fax:___________________________________________________________
5 E-mail:_________________________________________________________
6 WWW page:_____________________________________________________
7 Status of the legal person:____________________________________________
8 Number in the National Court Register:_________________________________
9 Taxpayer identification number:_______________________________________
10 Organization units of the Applicant pursuing their business activity in the field of incoming tourism:
11 First name and surname of the person responsible for pursuing incoming tourism:________________________________________________________
12 Since when does the Applicant pursue his business activity in the field of incoming tourism ______________________________________________
13 Main products intended for foreign markets:_______________________________
14 Main countries of origin of the incoming tourists:_____________________________
I hereby wish to apply for issue of a PARTICIPATION CERTIFICATE IN THE INNOVATIVE PROGRAMME ON ACTIVATION OF INCOMING TOURISM TO POLAND (”Programme") implemented under the auspices of the MFA and PCT I hereby declare that:
g) _______is // I am acquainted with the conditions of the Programme, _______ is / I am prepared to participate and has // I have expressed my will to participate in the Programme, and obliges himself // I oblige myself to observe the conditions of the Programme,
h) The Foreign Contractor has consented to participate in the Programme and the Foreign Contractor has informed me that he is prepared to participate in the Programme, he accepts the conditions of the Programme and has expressed his will to participate in the Programme and obliges himself to observe the conditions of the Programme,
i) Neither bankruptcy nor liquidation proceedings have been instituted against me, nor have I submitted a winding-up or a bankruptcy petition,
I declare that:
a) I will observe the conditions of the incoming PCT vouchers exchange laid down within the framework of the Programme,
b) the Foreign Contractor obliges himself to observe the conditions of the incoming PCT vouchers exchange laid down within the framework of the Programme,
c) I oblige myself to allow the Certification Council to control if I observe the Programme participation conditions,
d) neither bankruptcy nor liquidation proceedings have been instituted against me, nor have I submitted a winding-up or a bankruptcy petition
Annex no. 2
INCOMING VOUCHERS EXCHANGE PROCEDURES
- A record shall be kept of the incoming vouchers. They shall be processed by means of an electronic system.
- Consular offices, Border Guards and Certified Entrepreneurs shall have access to the electronic system – each one of them shall have access to the system to a reasonable extent.
- The voucher may be issued only as a confirmation that the customer has paid for the services provided for him (the services shall be paid for to the Certified Entrepreneur’s Foreign Contractor).
- The voucher may be issued to:
- individual clients,
- groups; in such a case only the number of clients shall be written on the voucher instead their names. The list of participants shall be attached to the voucher as an Annex issued on letter head of the Certified Entrepreneur or his authorized Foreign Contractor and shall include all data indicated on the voucher (including the number of the voucher).
- PCT shall publish the list of Certified Entrepreneurs on its website.
- The voucher shall be issued by:
- Certified Entrepreneur,
- Foreign Contractor of the Polish Certified Entrepreneur on the basis of a letter of authorization in writing.
- Legible data concerning the Certified Entrepreneur or the Foreign Contractor, his stamp, as well as a name stamp with a signature of the person issuing the voucher shall be indicated on the voucher.
- The voucher exchange procedures, internal procedures and appropriate regulations related to relations with the contractors shall be inspected by a certification inspection team appointed by the PCT. Specimens of these documents shall be available on the PCT website to all entities willing to obtain a certificate.
- Only certified offices shall be allowed to exchange the vouchers. Any infringement of the vouchers exchange procedures may lead to the withdrawal of the Certificate. The Certificate shall be issued for a period of 1 year. Any loss of the Certificate shall be penalized according to the provisions laid down in the Declaration. When a certified entity has lost the Certificate or when the Certificate is no longer valid, the certified entity shall no longer be allowed to use the PCT incoming vouchers.
Annex no. 3
THE OBLIGATIONS OF THE CERTIFIED ENTREPRENEUR’S FOREIGN CONTRACTOR
- I. The Certified Entrepreneur’s Foreign Contractor shall be obliged to:
- 1. Observe the rules and regulations laid down by the Polish consular offices when submitting visa documents.
- 2. Observe the rules and regulations related to the incoming voucher exchange procedures applying within the framework of the Certification Programme.
- 3. Implement procedures that facilitate the implementation of the Certification Programme in a manner that ensures full control and guarantees the fulfillment of visa requirements and these obligations.
- 4. Not to hand over any powers conferred as a result of Certification Programme participation to other entities.
- 5. Inform the Polish partner – Certified Entrepreneur, all breaches that have occurred during the implementation of the Certification Programme.
- 6. Buy a medical expenses and personal accident insurance for tourists sent to Poland under the programme.
- 7. Give access to all required information related to any infringement of the visa rules and regulations applying in a given consular office or any infringement of these obligations.
- 8. Ensure that only designated employees shall be allowed to use the electronic voucher system.
- 9. Immediately implement all rules and procedures implement within the framework of the Certification Programme.
- 10. Follow the recommendations given by the Certified Entrepreneur during the implementation of the Certification Programme.
- II. The Certified Entrepreneur’s Foreign Contractor shall be obliged under the cooperation agreement with the Certified Entrepreneur to:
- Declare that he accepts all the rules and regulations and obligations of the Certification Programme and obliges himself to observe them.
- Declare that he shall bear full responsibility for all his actions taken during the implementation of the Certification Programme.
- Oblige himself to make all required information available related to any breach of the rules provided for the participants of the Certification Programme, and especially of the visa regulations laid down by the Polish consular office.
- Declare that in case of a serious breach of the rules and regulations provided for the participants of the Certification Programme, and especially of the visa regulations laid down by the Polish consular office, this Agreement shall be immediately terminated upon a notice submitted to the Polish consular offices, by publicly announcing on the website of the Polish Chamber of Tourism that this Agreement has been terminated and by entering the Foreign Contractor on the SIS list.
- III. The power of attorney to issue incoming vouchers on behalf of the Certified Entrepreneur shall include the number of the Certificate, the time period for which the Certificate has been issued, not longer than the expiration date of the Certificate, and shall include a signature and a stamp of the Certified Entrepreneur and a name stamp of the person issuing the power of attorney.
