Service Provider– Polskie Linie Lotnicze LOT S.A. seated in Warsaw, ul.17 Stycznia 39, (00-906 Warsaw), Site – the Web site at www.lot.com, through which the Service Receiver may use the services provided electronically by PLL LOT;
Service Receiver – means an individual, legal entity or an organisational unit without the status of a legal entity that has been granted legal capacity by law, who or which uses the Site in order to make use of Services provided electronically by PLL LOT.
Services– Services provided electronically through the Site by PLL LOT, listed in art. 3 of these Regulations.
§ 3 [Entering into and terminating an agreement on e-Services]
§ 5 [Technical conditions of use of the Service]
- It is forbidden to use the PLL LOT’s Site (included the e-Services), for the purposes that violate applicable legislation, the provisions of these Regulations or good practices.
- PLL LOT has the right to stop access to the Services or terminate the Agreement if the Service Receiver:
- use of Mozilla Firefox 3.x+ or Internet Explorer 7.0+ or more recent search engines with installed software handling Java Script and Java aplets,
- uses Services in the manner contradictory to their purpose or occasioning losses to third parties;
- violates applicable legislation, the provisions of these Regulations or good practices.
The Service Receiver shall be fully liable for damages resulting from acts contradictory to the provisions of these Regulations.
- PLL LOT shall not be held liable if the Service Receiver uses the Site contrary to the provisions of these Regulations and for consequences of the decisions made on the basis of the contents published on the Site.
- PLL LOT shall not be held liable for selection of subjects, accuracy, completeness or quality of information provided by third parties. It is not possible to lodge claims against PLL LOT due to any material or non-material damages suffered in result of use or a failure to use such information, provided that there was no negligence or mispresentation of such contents on the side of PLL LOT.
- In case of any unauthorised use of the Site and the Services, PLL LOT reserves the right to undertake all necessary measures, including litigation without a respective notification of the Service Receiver.
§ 7 [Personal data protection]
- LOT Polish Airlines are the administrator of the Service Receiver’s personal data within the meaning of the provisions of the Act on Personal Data Protection of 29 August 1997 (Journal of Laws of 2002, no 101, item 926 as amended). Users’ personal data are processed under appropriate security measures that comply with the requirements of the Polish legislation.
- The Service Receiver’s personal data are processed only for the purposes related to the provision of selected Services and may be made available to other entities cooperating with PLL LOT in relation to the provision of such Services.
- The Service Provider may process the following personal data of the Service Receiver, if it is necessary for the purpose of entering into, determining the contents of, amending or termination a legal relationship:
- Service Receiver’s names and surname,
- PESEL (national identification number) and if a person has no PESEL number, number of passport, identity document or another document that may confirm person’s identity,
- permanent legal address of residence,
- correspondence address, if different than the permanent legal address of residence,
- data aimed at verification of the Service Receiver’s electronic signature,
- the Service Receiver’s e-mail addresses.
The Service Provider may processes other personal data of the Service Receiver, if they are necessary because of the nature of the provided Service or the way of its settlement. Such data shall be properly highlighted and marked and a refusal to provide them entails the Service Provider’s refusal to provide a given Service.
- Selected personal data are provided by the Service Receiver voluntarily, but such provision is necessary for a given Service to be provided.
- The Service Receiver has a right to check and correct his/her personal data.
- The Service Receiver may agree on receiving advertising and commercial information (“commercial information”) through the means of electronic communication from Polskie Linie Lotnicze LOT S.A. seated in Warsaw, ul. 17 Stycznia 39. Such consent is to be granted by the Service Receiver through marking of a respective option at www.lot.com.
The Service Receiver may resign from receipts of the above commercial information any time through an activation of a respective Internet address.
- The Service Provider is entitled to disclose personal data of Service Receivers to the entities authorised by the applicable legal provisions only.
- The Service Provider is obliged to provide the Service Receiver with a permanent and easy access – through the IT system – to the current information concerning:
- technical means that are made available by the Service Provider in order to prevent from unauthorised collection or modification of electronically provided personal data,
- the entity that is entrusted with personal data processing by the Service Provider, the scope of such personal data and intended date of data transfer.
- All complaints about e-Services provided by PLL LOT should be lodged at e-mail address: firstname.lastname@example.org or via post to Polskie Linie Lotnicze LOT S.A.
Ul. 17 Stycznia 39
Within 7 days from a disclosure of the reasons of such compliant.
- Only complaints in Polish or English are to be examined.
- A compliant should contain the following personal data of the Service Receiver who is lodging a compliant:
- name and surname,
- address of residence and correspondence address,
- e-mail address,
- subject of complaint,
- detailed description of the Service subject to complaint,
- reason of complaint.
- Complaints resulting from insufficient knowledge of the Regulations or legal provisions, and complaints containing incorrect or incomplete data required in item 3 above, as well as complaints with obscene or insulting words shall not be examined.
- Complaints shall be examined by PLL LOT within 21 working days from a delivery of a complaint.
- The complaining person shall be informed on the way in which a complaint is examined in the way in which such complaint has been lodged, to the correspondence address or e-mail address specified in a complaint.
- PLL LOT has a right to refuse sales of e-Ticket if the Service Receiver violates the provisions of the Terms and Conditions.
- PLL LOT reserves a right to unilateral amendments of the contents of the Terms and Conditions.
- Issues that are not regulated in these Regulations shall be governed by the provisions of the Civil Code of 23 April 1964 (Journal of Laws 64.16.93 as amended) and the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000, except articles 7, 9 and article 12 item 1 of this Act
- PLL LOT shall not be held liable for damages suffered by the Service Receiver in results of a failure to make an air journey due to strikes of airline employees, airport employees or force majeure.
- Complaints shall be examined by PLL LOT within 21 working days from a delivery of a complaint.
- All disputes resulting from electronic provision of Services by PLL LOT shall be solved by the courts of general jurisdiction.
Annex No. 1 to these Regulations for provision of service by electronic means
"Electronic Ticket Purchase Conditions"
- The Annex No. 1 hereto defines the general provisions of the purchase of electronic tickets (the "Conditions") from the Internet Site www.lot.com.
- Acceptance of the provisions below and familiarity with the fare conditions applying to the connection chosen by the User are a condition of the purchase of electronic tickets through the use of the Internet Site.
- These Conditions are in character an agreement between LOT Polish Airlines and the User, and define the legal basis of the purchase of electronic air transport tickets, requiring the User to comply with them.
- Each User is required to comply with these Conditions as of the moment of taking of action intended to purchase an electronic air transport ticket.
II. ELECTRONIC TICKET PURCHASE SERVICE
- The seller and the issuer of electronic air transport tickets is LOT Polish Airlines S.A. with a registered office in Warsaw at ul. 17 Stycznia 39 (00-906 Warsaw), registered in the Register of Businesses, conducted by the District Court for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register as KRS number KRS 0000056844, Tax Identification Number 522-000-23-34, and a share capital of 447,673,700 PLN (paid in full).
- Reservations and transactions are carried out through the Internet Site www.lot.com using the air ticket reservation system, Amadeus.
- Electronic Air Travel Ticket – (also known as etix®, "Electronic Ticket") means a ticket generated and saved in the reservation system, authorising travel on a given itinerary. The Electronic Ticket and its order number (reservation number) is delivered by electronic mail by the Carrier to the User at the email address indicated by the User during the process of making the reservation for the Electronic Ticket.
- Price – indicates the pre-tax price of the Electronic Ticket available on the Internet Site. Prices are given in the local currency depending on the chosen sales market. In accordance with the applicable Regulations of the European Union, all price offers in the EU include all additional charges and airport charges. Markets outside the European Union can present net prices.
- The Reservation and Electronic Ticket Purchase Module (the "Reservation System") – a tool permitting the User to purchase and search for LOT Polish Airlines domestic and international air connections and those of other Star Alliance partners for any defined pair of cities, and to check prices of those connections and purchase Electronic Tickets. The Reservation and Electronic Ticket Purchase Module is available on the Internet Site www.lot.com (the "Internet Site").
- Reservation number – indicates the unique number issued by the reservation system at the tome of order of the Electronic Ticket.
- Service Charge – a transaction charge collected at the issuance of every Electronic Ticket. The amount of this charge depends on the given sales market.
- Internet Site – Internet service found at the address www.lot.com through the use of which the Service provider has the right to issue Electronic Tickets outside the LOT Polish Airlines sales office network, agents, or other entities providing services on behalf of LOT Polish Airlines.
- The User – indicates the natural person, legal person, or organisational unit without legal personality that has been granted a legal capacity by law, who is the User of the Internet Site and carries out a purchase of a LOT Polish Airlines Electronic Ticket (the "User").
IV. THE USER'S RESPONSIBILITY FOR RESERVATIONS
- The User hereby declares that he or she has full capacity to perform acts in law, accepting the Conditions stated herein, and takes full financial responsibility for the purchase of the Electronic Ticket.
- The User ensures that he or she is purchasing the Electronic Ticket exclusively in a manner that complies with applicable laws.
- The User is prohibited from purchasing Electronic Tickets through the use of false names, or names other than its own, making payment for the Electronic Ticket using false payment cards, without the agreement of the owner of the payment card, by making bank transfers from accounts other than his or her own without the consent of the owner of the account, or any other manner that is in violation of the law.
- LOT Polish Airlines reserves that the purchase of the Electronic Ticket takes place exclusively at the cost and risk of the User. LOT Polish Airlines does not offer any guarantee that the purchase of the Electronic Ticket will take place without errors, defects, interruptions or the absence of a connection to the Internet Site, or that the results of the search of the Internet will satisfy the User's expectations concerning the substantive value, precision of or the usefulness of the information retrieved.
VI. PROTECTION OF PERSONAL INFORMATION
- The personal data administrator in accordance with the Act on the Protection of Personal Information (Act of 29 August 1997 on the Protection of Personal Information, Journal of Laws No. 133, item 883 with subsequent amendments) is LOT Polish Airlines. Personal information is stored and processed by LOT Polish Airlines with the use of appropriate security measures, in compliance with the requirements of Polish Law.
- In the instance of the use of the reservation system on the Internet Site, the User will be asked to provide defined personal information in the aim of properly making the reservation and issuing of the Electronic Ticket.
- The User will express his or her consent for the processing of his or her personal information by the Personal Data Administrator. The User authorises LOT Polish Airlines to disclose this information to entities working with LOT Polish Airlines in the aim of fulfilling the requirements associated with the purchase of the Electronic Ticket.
- By accepting the Regulations herein, the User confirms the accuracy of the personal information he or she has provided and in accordance with article 23 of the Act on the Protection of Personal Information of 29 August 1997.
- The provision of information is voluntary, but necessary for the purchase of the Electronic Ticket. While the data is being processed, the persons whom that information concerns maintain the right to review the information and to correct it.
- The User may express consent to receive information of a commercial and advertising nature from LOT Polish Airlines with a registered office in Warsaw at ul. 17 Stycznia 39, including information transferred by electronic means. This consent is given by the User by checking the appropriate option in the user profile creation form www.lot.com.
- The User may at any time cancel the option of receipt of the abovementioned promotional information by deleting entirely their user profile.
- The Service Provider is authorized to disclose confidential information concerning Users only in exceptional circumstances, where it is necessary for identification of, interrogation of, or the filing of charges against a User who has caused damage to the rights or property of LOT Polish Airlines, other users of the Internet Site, or other entities on whom these activities may have had an adverse effect. The User's information that allow his or her identification may be disclosed by LOT Polish Airlines if the airline is required to in accordance with the absolute requirements of applicable laws.
VII. RESERVATIONS AND TICKET PURCHASE
- The proper conduct of the reservation process and the selection of proper itinerary details, along with complete provision of passenger information and acceptance of these terms are necessary conditions for the purchase of Electronic Tickets.
- The placement and possession of an Electronic Ticket reservation on the Internet Site is synonymous with its purchase.
- In the aim of completing the purchase of an Electronic Ticket, the User will choose a payment method from those available on the Internet Site:
- „credit card" or
- bank transfer (payment by bank transfer is available only in the Polish market).
- If the default currency of the payment card is not the currency in which the price on the Electronic Ticket is given, the resulting currency conversion calculation and differences in bank exchange rates may result in a payment amount which differs from the price of the Electronic Ticket purchased in accordance with the applicable regulations at the bank from which payment is made.
- If the price differs significantly from the amount expected, this could be a result of a lack of available seats in the cheapest economy classes.
- Entry of erroneous credit card information will result in the rejection of the query by the system.
- At the moment of placement of the reservation, the User states their consent for the system to charge his or her payment card.
- LOT Polish Airlines reserves the right to refuse the performance of a purchase transaction in the case of a failure to approve the payment card through an appropriate authorization system, transaction-processing firm or bank.
- Payment by bank transfer is performed automatically during the reservation and purchase process for the Electronic Ticket by connection with the site of the bank at which the User has an Internet account.
- LOT Polish Airlines does not bear any responsibility for the cancellation of the User's reservations caused by a delay in payment to LOT Polish Airlines.
- Refund of Electronic Air Travel Tickets
- The User has the right to return the Electronic Ticket purchased using the Internet Site under the condition that it occurs before the date indicated on the ticket as the departure date and if it is permitted by the fare used applied to the Electronic Air Travel Ticket. Selected promotional fares do not allow any changes to be made to the Electronic Ticket or for the return of Electronic Tickets to the issuer before the commencement of travel, due to which the decision not to travel will result in the complete forfeit of the price of the Electronic Air Travel Ticket.
- The returned Electronic Ticket (with a note added stating "ticket return") should be sent directly to the email address …@lot.pl..
- Depending of the form of payment used, the amount due to the User for the returned Electronic Ticket will be sent directly to the User's bank account or to the payment card account of the User within 14 days of the date of receipt by LOT Polish Airlines of the message with the returned Electronic Ticket.
- The return of Electronic Tickets always results in the forfeiture of the service charge.
- Refund claims concerning the purchase of Electronic Tickets may be reported to the email address: email@example.com
- Only refund claims submitted in the English and Polish languages will be processed.
- Refund claims should contain the following information concerning the person making the claim:
- first and last name,
- physical address and correspondence address,
- the subject of the refund claim,
- a precise description of the service involved,
- a precise detailing of the grounds of the refund claim.
- Refund claims containing incorrect or incomplete information as required above, as well as complaints containing inappropriate or insulting language will not be considered.
- Refund claims will be processed by LOT Polish Airlines within seven working days from the day of their receipt.
- The person who submitted the claim will receive information concerning the method of processing of the claim by the same method by which the claim was submitted, at the address given in the claim.