Sponsorzy strony

Statute

STATUTE OF THE CRACOW CHAMBER OF TOURISM

approved by the Chamber’s Annual General Meeting of 4th April 1992, as amended:

 

Resolution No 1 of the Chamber’s Annual General Meeting of 29th May 1993,

Resolution No 3 of the Chamber’s Annual General Meeting of 23rd June 1994,

Resolution No 1 of the Chamber’s Annual General Meeting of 29th May 1996,

Resolution No 4 of the Chamber’s Annual General Meeting of 13th July 1998,

Resolution No 4/99 of the Chamber’s Annual General Meeting of 15th May 1999,

Resolution No 4/2002 of the Chamber’s Annual General Meeting of 25th May 2002.*

 

Owing to its exceptional historical and cultural value, Kraków is a city which is especially engaged in development in tourism. Therefore, the will of those acting in this field is to set up the Cracow Chamber of Tourism.

 

CHAPTER 1

 

General Provisions.

§ 1

The Cracow Chamber of Tourism, hereinafter known as the “Chamber” is an economic self-government organisation which represents the economic interests of the bodies gathered within it in their activities in the field of tourism.

§ 2

The Chamber works within the Małopolska Region, and its headquarters is in the Royal Capital City of Kraków.

§ 3

The Chamber has legal existence.

§ 4

The Chamber may be a member of international and domestic organisations working in tourism.

§ 5

1.      The Chamber uses a round stamp with the inscription “Krakowska Izba Turystyki” around the rim.

2.      The Chamber has a registered company graphic symbol.

§ 6

1.      The functions in the Chamber authorities are used communally.

2.      Income from the Chamber’s activity serves to execute its statutory goals and may not be shared among its members.

 

CHAPTER 2

 

Fundamental tasks and their execution.

§ 7

The Chamber’s fundamental tasks include:

1)      representing the interests of its members,

2)      undertaking activities aimed at developing tourism, in particular in Kraków and the Małopolska voivodship,

3)      raising the standard of tourist services,

4)      shaping and spreading the principles of professional ethics,

5)      giving opinions on plans for solutions relating to the functioning of the tourist economy and participating in the preparation of plans for legal solutions in this area,

6)      evaluating the implementation and functioning of legal regulations concerning the running of tourist activity.

§ 8

The Chamber performs these tasks by:

1)      supporting the economic initiatives of its members, providing them with advice and assistance and organising co-operation between them,

2)      inspiring and organising professional training,

3)      researching the tourism market,

4)      running informational and promotional activity regarding tourism,

5)      delegating its representatives to participate in the work of acting and opinion-giving institutions,

6)     providing information about the functioning of economic bodies and expressing opinions on the state of the development of tourism within the Chamber’s area of activity,

7)     organising and creating conditions for settling arguments on a path of arbitrational and conciliatory proceedings and participation in the separately set out principles in court proceedings in relation to the economic activity of the Chamber’s members,

8)     its own economic activity.

 

CHAPTER 3

Members, their rights and duties

 

§ 9

Members of the Chamber are divided into:

1)      Ordinary,

2)      Honorary,

3)      Associated.

§ 10

An Ordinary Member may be any body performing economic activity in the field of tourism as well as organisations gathering together bodies performing economic activity in the field of tourism with the exception of those entities performing such activity as a secondary earning activity.

§ 11

An Ordinary Member has the right:

1)      to participate in the Chamber’s Annual General Meeting with voting rights.

2)      to vote for and be voted for Chamber Authority by its representatives,

3)      to submit requests and applications to the Chamber Authorities,

4)      to use services resulting from the Chamber’s activities,

5)      to use the Chamber’s company logo in accordance with the regulations set out by the Chamber Board.

§ 12

An Ordinary Member has the duty:

1)      to participate in the execution of the Chamber’s tasks, in particular to take part in the Chamber’s General Meetings.

2)      to abide by the resolutions of the Statute and those passed by the Chamber Authorities,

3)      to pay membership fees regularly.

§ 13

An Honorary Member may be a natural person of particular merit to the Chamber.

§ 14

An Honorary Member has the right to participate in the Chamber’s General Meetings and Chamber Board Meetings with an advisory vote.

§ 15

An Associate Member may be a body which does not fulfil the conditions enabling it to obtain Ordinary membership.

§ 16

An Associate Member has the right.

1)      to participate in the work of Chamber bodies with an advisory vote,

2)      to submit requests and applications to the Chamber Authorities,

3)      to use services resulting from the Chamber’s activities,

4)      to use the Chamber’s company logo in accordance with the regulations set out by the Chamber Board.

§ 17

An Associate Member is required to participate in the execution of the Chamber’s tasks, abide by the resolutions of the Statute and the Chamber Authorities, and to pay membership fees regularly.

§ 18

1.      Ordinary Members of the Chamber are bodies which:

1)      announced accession to the Cracow Chamber of Tourism at its Founding Meeting,

or

2)      have been accepted to the membership by a decision of the Chamber Board by fulfilling the conditions of running document economic activity in the field of tourism over a period of at least 1 year and after submitting a written application with the recommendation of two members of the Chamber

or

 3)      have gained the status of Ordinary Member in the manner defined in § 19a.

 2.      A decision on the acceptance of an Associate Member is taken by the Chamber Board based on a written application from the body applying for membership together with the recommendation of two members of the Chamber.

 3.      The regulations for providing the recommendation mentioned in paras. 1 and 2 are defined by the Chamber Board.

4.      The status of Honorary Member is awarded by the Chamber’s General Meeting.

§ 19a

1.      An Associate Member may obtain the status of Ordinary Member after 1 year of running documented economic activity in the field of tourism. The resolution in this matter is taken by the Chamber Board.

2.      Obtaining Ordinary Membership in the manner described in para. 1 does not require separate application and recommendation as discussed in para. 1 pt 2.

3.      Gaining Ordinary Membership in the manner described in para. 1 follows on the day the Chamber Board passes the appropriate resolution.

4.      If Ordinary Membership is obtained in the manner described in the present paragraph, a registration fee is not required. A given member is required to pay the membership fees for an ordinary member beginning from the succeeding month after the Chamber Board has passed the resolution discussed in para. 1.

§ 19b

In the case where a member of the Chamber changes its organisational or legal form of economic activity, in particular as a result of transformation, division, or merger, the newly-created bodies may receive Chamber membership, accepting the rights and duties of the erstwhile member of the Chamber. A resolution on this matter is taken by the Chamber Board on the basis of a written application submitted by the interested party. A condition of taking over the rights and duties of an erstwhile member of the Chamber is uninterrupted running of economic activity in the field of tourism.

§ 20

1.      Membership of the Chamber ceases as a result of:

1)      the member leaving the Chamber,

2)      being removed from the list of members of the Chamber,

3)      exclusion of the member from the Chamber,

4)      the liquidation of the Chamber,

5)      the liquidation of the economic body which is a member of the Chamber.

6)      not submitting an application for renewal of receipt of the rights and duties of a member of the Chamber prior to the termination of the period of suspension of membership of the Chamber.

2.      The withdrawal of a member of the Chamber occurs after a given member has given written notice to the Chamber Board.

3.      Removal of a member from the list of Chamber members may occur in the case of delay in paying membership fees for at least two payment periods.

4.      A member of the Chamber may be excluded if it works to the disadvantage of the Chamber or its members, does not perform its duties, infringes the resolutions of the Statute or the Chamber Authorities; an application for exclusion may be submitted by any member of the Chamber, the Audit Committee, or the Peer Court.

5.      A decision on removal or exclusion from the Chamber is taken by the Chamber Board, informing the interested party and the remaining members of the Chamber in writing.

6.      A removed member of the Chamber may submit a written objection concerning the removal decision to the Board within 30 days of receipt of that decision

7.      A decision in the matter of exclusion from the Chamber may be appealed in writing to the Chamber’s General Meeting, submitted through the Chamber Board, within 30 days from the date on which the given member receives the decision of exclusion.

8.      The Chamber’s General Meeting may overrule the exclusion decision, or maintain it in force. Until the appeal is considered by the Chamber’s General Meeting, the rights and duties of the member of the Chamber affected by the exclusion decision are suspended – the member will receive them again on the day of the Chamber’s General Meeting which overrules the Chamber Board’s decision on exclusion.

§ 20a

1.      In justified cases, in particular when a member of the Chamber’s economic activity is suspended, suspension of membership of the Chamber may be requested in writing for the period indicated in the application; however, the period may not be longer than 1 year. The resolution on the suspension of membership and its duration is taken by the Chamber Board.

2.      Membership of the Chamber is suspended on the date indicated in the Chamber Board’s resolution discussed in para. 1.

3.      If membership is suspended all the rights and duties of the member of the Chamber cease.

4.      Rights and duties are regained after a written application by the given member of the Chamber.

5.      If the application discussed in para. 4 is absent, membership of the Chamber ceases.

 

CHAPTER 4

Authorities of the Chamber

 

§ 21

The Chamber Authorities are:

1)      The Chamber’s General Meeting

2)      The Chamber Board

3)      The Chamber’s Audit Commission

4)      The Chamber’s Peer Court.

§ 22

The term of elected authorities is 3 years, whereas the term for the first Chamber Authorities lasts one year.

 

THE CHAMBER’S GENERAL MEETING

§ 23

The Chamber’s General Meeting is the Chamber’s supreme authority.

§ 24

1.      The Chamber’s General Meeting has the following specific competences:

1)      passing directions and programmes of activity,

2)      passing changes in the Statute,

3)      electing members of the Chamber Authorities – with the reservation of the resolutions of § 47 – and their dismissal in secret voting

4)      consideration and confirmation of Board reports at the application of the Chamber’s Audit Commission,

 5)    providing discharge to the resigning Board, or specific Board members, at the Audit Commission’s application,

6)      confirmation of the Chamber’s annual budget, the financial balance of the Chamber’s activity in a given reporting period, and setting the amount of registration and membership fees,

7)      awarding the title of Honorary Member,

8)      considering appeals to decisions passed by the Chamber Board,

9)      taking decisions in special asset matters,

10)   considering resolutions on the liquidation of the Chamber and the dispersal of its assets.

2.      The Chamber’s General Meeting may authorise another Chamber body to take decisions on the issues defined in para.1 pts. 1, 6, 8 and 9.

§ 25

The Chamber’s General Meeting may be ordinary or extraordinary.

§ 26

1.      An Ordinary General Meeting of the Chamber is called at least once per year on dates allowing for the confirmation of the Chamber’s budget and balance.

2.      The date and agenda is set by the Chamber Board and members of the Chamber are informed in writing one month before the date of the Chamber’s General Meeting.

§ 27

1.      An Extraordinary General Meeting can be called by the Chamber Board on its own initiative or at the application of the Audit Commission or 1/3 of the members of the Chamber.

2.      An application by the Audit Commission or members of the Chamber must be submitted in writing with the proposed order of business.

3.      An Extraordinary General Meeting is called by the Chamber Board within 14 days of the submission of the application discussed in para. 1, and it may not take decisions on matters not listed in the order of business.

§ 28

1.      At a General Meeting of the Chamber, the following may participate:

1)      with voting rights – Ordinary Members,

2)      with advisory votes – Honorary Members, Associated Members, and invited persons.

2.      Members of the Chamber are represented at a General Meeting of the Chamber by their representatives who have the appropriate authorisation to represent them.

§ 29

1.      A General Meeting of the Chamber is valid if at least 50% of the Ordinary Members of the Chamber participate in it.

2.      In the case where the General Meeting of the Chamber does not take place, specifically as a result of the lack of a quorum, a General Meeting of the Chamber may take place at a second time; however, no earlier than 30 minutes after the first time. Such a meeting is legally valid irrespective of the number of Ordinary Members of the Chamber participating, insofar as in the information discussed in § 26 para.2 and § 27 para.3 a second time for the General Meeting of the Chamber is allowed for.

§ 30

If the specific resolutions of the Statute do not provide otherwise, the resolutions of the Chamber Authorities are passed with an ordinary majority of votes, while at least half of the number of persons eligible to vote must be present for the resolution to be valid – with the reservations expressed in the resolution of § 29 para.2.

§ 31

1.      Voting at a General Meeting takes place openly, with the exception of the election of members of the Chamber Authorities or their removal.

2.      Voting may be secret after the approval by the General Meeting of the Chamber of an application for the suspension of open voting.

3.      Resolutions of a General Meeting of the Chamber are signed by the person chairing the sitting at which the given resolution is passed. The minutes of the business of a General Meeting of the Chamber are signed by the person chairing the meeting and the minute-taker.

 

THE BOARD OF THE CHAMBER

§ 32

The Board of the Chamber is the body which runs the Chamber’s activity between General Meetings of the Chamber.

§ 33

1.      The specific competences of the Board of the Chamber are:

1)      representing the Chamber externally,

2)      supervision of the implementation of the resolutions of the General Meeting of the Chamber,

3)      preparation of plans and reports on the Chamber’s activities,

4)      commitments within the approved budget of the Chamber and drawing up reports of financial accounting,

5)      calling General Meetings of the Chamber,

6)      accepting new members, deletions from the list of members and excluding members of the Chamber,

7)      setting up issued commissions, advisory and opinion-giving bodies,

8)      performing other activities not reserved for other Chamber Authorities and also resulting from the present Statute,

9)      setting the rules for using the Chamber’s logo,

10)    organising the economic activity of the Chamber and supervising its effectiveness,

11)    defining the principles for giving recommendations for admitting new members of the Chamber.

2.      In especially justified cases, at the application of a given member of the Chamber, the Chamber Board may draw up a resolution on the deferment of payment of membership fees or dividing the amount owed for this purpose into instalments. Before taking a decision on this matter, the Chamber Board may require appropriate documentation for the application from the given member of the Chamber. The Resolution of the Chamber Board sets new conditions for payment of membership fees by a given member of the Chamber in the period defined in the resolution.

3.      The resolution discussed in para. 2 may be undertaken only in the case of delay in payment of membership fees by a given member of the Chamber not more than for three payment periods.

4.      In the case where a given member of the Chamber does not meet its payment conditions outlined in para. 3, the Chamber Board may propose a resolution on deletion the given member from the list of members of the Chamber.

§ 34

The Chamber Board is composed of the Board Chair and from 8 to 12 members elected by a General Meeting of the Chamber. The number of elected Board members will be set by a General Meeting of the Chamber.

§ 35

1.      The Chair of the Chamber Board elects and cancels General Meetings of the Chamber according to the principles defined in the approved election regulations.

2.     The Chamber Board constitutes itself at the first sitting called by the Chair of the Board, selecting up to three Deputy Chairs, a Treasurer and a Secretary from among its members.

§ 36

Sittings of the Chamber Board take place no less frequently than once per month on dates set by the Board. In particularly justified cases, the Chair of the Board may call additional sittings, informing the Chamber Board members and placing information on it at the Office of the Chamber Board, giving the order of business of the additional sitting of the Board.

§ 37

Sittings of the Chamber Board are minuted, and the minutes are signed by the Secretary and the Chair of the Chamber Board.

 

THE CHAMBER’S AUDIT COMMISSION

§ 38

The Audit Commission of the Chamber is the Chamber’s supervisory body.

§ 39

The Audit Commission’s competences include specifically:

1)      performing supervision of the Chamber’s entire activity at least once per year,

2)      evaluating the Chamber’s statutory and financial activity and submitting applications to the Chamber Board,

3)      requiring clarifications and determination of the deadline and method of correcting irregularities from the Board,

4)      submitting an application for providing the Board discharge.

§ 40

The Audit Commission comprises 3 to 5 persons, including a Chair, a Deputy, and a Secretary. The number of elected Board members will be set by a General Meeting of the Chamber.

§ 41

The Chamber’s Audit Commission is constituted at the first meeting under the direction of the person who chairs the sitting of the General Meeting of the Chamber.

 

PEER COURT

§ 42

The Peer Court’s competences are:

1)      settling disputes between members of the Chamber,

2)      running arbitration proceedings in cases in which a member of the Chamber is a party,

3)      providing rulings and opinions, and submitting applications in all cases commissioned by the Chamber Authorities and in cases where members of the Chamber require settlement.

§ 43

1.      The Peer Court comprises 5 to 8 persons, including a Chair, a Deputy, and a Secretary. The number of elected Board members will be set by a General Meeting of the Chamber.

2.      Members of the Peer Court may call themselves Arbiters.

3.      The Peer Court may call itself the College of Arbiters.

4.      The Chair of the Peer Court may use the name Chair of the College of Arbiters.

§ 44

The Peer Court is constituted at the first meeting under the direction of the person who chairs the sittings of the General Meeting of the Chamber.

§ 45

1.      Members of the Audit Commission and the Peer Court may not be members of other Chamber Authorities.

2.      Members of the Audit Commission and the Peer Court may participate in sittings of the Chamber Board.

§ 46

The specific range and methods of action of the Chamber Board, the Audit Commission and the Peer Court are defined by the organisational regulations passed by these authorities, confirmed by a General Meeting of the Chamber.

§ 47

1.      Membership of Chamber Authorities ceases on:

1)      death of a member of the Authorities,

2)      resignation of a member of the Chamber Authorities approved by the Authority of which they are a member,

3)      dismissal of a given member of the Authorities by a General Meeting of the Chamber.

4)      cessation of membership of the Chamber by the body which was represented by a given member of the Chamber Authorities due to causes outlined in § 20 para.1 pts. 1-3

2.      In the case of the circumstances outlined in para.1 pts. 2 3 and 4, the Chamber Board, Audit Commission and the Peer Court have the right to co-opt new members, accepting that their number may not exceed 1/3 of the number of members of a given Authority originating from elections at a General Meeting of the Chamber.

3.      A General Meeting of the Chamber may authorise a given Chamber Authority to perform co-option also in the case mentioned in para. 1 pt. 3, insofar as the performance of this co-option does not result in the exceeding of 1/3 of the membership of a given Authority originating in elections by a General Meeting of the Chamber.

§ 48

1.      In the case of:

1)      withdrawal of authorisation by the delegating institution,

2)      cessation of membership of the Chamber by the economic body which a given member of the Authorities represented, from causes outlined in

3)      transferral of work by a member of the Chamber Authorities to another body which is a member of the Chamber and not obtaining from that body authorisation to represent it in the Chamber.

A member of the Chamber Authorities may hold a given function until the nearest General Meeting of the Chamber.

2.      At the application of the Chamber Authority of which a given person was a member, a General Meeting of the Chamber may express approval in secret voting to the holding of the position till the end of the term by a member of the Chamber Authorities elected prior to the circumstances outlined in para. 1.

3.      A member of the Authorities of whom the General Meeting of the Chamber has expressed the approval outline in para. 2 has the rights of a representative of an Ordinary Member of the Chamber until the end of the term of a given Chamber Authority.

4.      Not giving the approval outlined in para. 2 is equivalent to dismissal of the member of the Chamber Authorities.

§ 49

1.      In case of loss of confidence in a member of the Chamber Authorities, specifically in his/her unreliability in holding the position in the Chamber or acting against the law – a given member of the Authorities may be suspended from holding his/her function by a decision of the Authority of which s/he is a member until the next General Meeting of the Chamber, which decides on further membership of the Authority.

2.      The decision on suspension outlined in para. 1 should be preceded by an opinion from the Peer Court or the Audit Commission.

 

ASSETS AND FINANCIAL MEANS

§ 50

Chamber assets arise from:

1)      membership fees,

2)      donations,

3)      inheritances,

4)      bequests,

5)      its own economic activity,

6)      incomes from the Chamber’s assets,

7)      subsidies from the state and municipality budgets,

8)      other possible sources.

§ 51

1.      For the validity of declarations of intent in the name of the Cracow Chamber of Tourism concerning asset rights and duties, the unanimous co-operation of two members of the Chamber Board is required.

2.      The specific manner of representing the Cracow Chamber of Tourism in the matters outlined in para.1 is defined by the Chamber Board’s regulations.

3.      Other persons not listed in para. 1 may be authorised to submit statements in the name of the Chamber on the basis of appropriate authorisation given by the Chamber Board.

§ 52

1.      The Chamber performs activities within the means possessed.

2.      The Chamber may run an office as a full-time apparatus of the Chamber.

3.      The range and mode of action, as well as the structure of the office, is defined by the regulations passed by the Chamber Board.

 

CHAPTER 5

Final Provisions

§ 53

1.      A change in the Statute and liquidation of the Chamber requires a resolution by the General Meeting of the Chamber approved by a majority of at least 2/3 of the votes in the presence of no less than half of the Chamber members allowed to vote.

2.      If a resolution to liquidate the Chamber is passed, the General Meeting of the Chamber will appoint a liquidator who will carry out the provisions concerning the use of the Chamber’s assets.

 3.      If the Chamber lacks its own means the costs of liquidation are covered in equal part by all of its Ordinary and Associated Members.

 The present text is the uniform text of the Statute of the Cracow Chamber of Tourism according to its state on 24.02.2002.