§ 1 [Introduction]
1. These Terms and Conditions of the Electronic Provision of Services (hereinafter referred to as “Terms and Conditions") define rules of use of the Services rendered via www.lot.com by Polskie Linie Lotnicze LOT S.A. (hereinafter called "LOT Polish Airlines") based in Warsaw, ul.17 Stycznia 43, (02-146 Warszawa), entered into the Register of Entrepreneurs of the Polish National Court Register (KRS) kept by the District Court for the City of Warsaw in Warsaw, 13th Commercial Department of the Polish National Court Register under KRS number 0000056844, NIP (Tax Identification Number) 522-000-23-34, REGON (National Business Registry Number) 01005896000000 and share capital of 327,760,378.68 PLN (fully paid up).
2. These Terms and Conditions are the terms and conditions of the electronic provision of services within the meaning of Article 8 of the Act on the Electronic Provision of Services of 18 July 2002. (i.e., Journal of Laws, No. 144, item 1204).
3. The Terms and Conditions define the types and scope of services provided electronically by LOT Polish Airlines, the rules of provision of these services, the conditions of entering into and terminating agreements for the electronic provision of services and the complaint procedure.
4. The purchase of an Electronic Flight Ticket and additional services relating to air carriage shall be regulated according to the General Conditions of Carriage available at www.lot.com: http://www.lot.com/conditions-of-carriage.
§ 2 [Definitions]
1. Service Provider/LOT Polish Airlines – Polskie Linie Lotnicze LOT S.A. based in Warsaw, at ul. 17 Stycznia 43, (02-146 Warszawa);
2. Website - the website located at www.lot.com through which the Service Recipient may use Services provided by LOT Polish Airlines and enter into a distance agreement for the purchase of an Electronic Flight Ticket or additional services relating to air carriage with the Service Provider;
3. Service Recipient – means an individual, a legal entity or an organisational unit without the status of a legal entity that has been granted legal capacity by law, who or which is the user of the Website, particularly for the purpose of use of Services;
4. Services – services provided electronically by LOT Polish Airlines via Website, listed in § 4 of Terms and Conditions.
§ 3 [General provisions]
1. The Service Recipient may use Services referred to in § 4 of Terms and Conditions that are available via Website, provided that the technical requirements referred to in § 5 pt 1 of Terms and Conditions are fulfilled.
2. All information, data and materials made available on the Website (including names, logotypes, flight schedules and price-lists, as well as the colour scheme and layout of the website) are protected with intellectual property rights, in particular the copyright of the Service Provider or the Service Provider's partners with whom the Service Provider entered into relevant agreements.
3. The information and materials referred to in pt 2 above may be used by the Service Recipient only within the limits of permitted private use, to the extent specified by applicable legal provisions. In particular, the use of the Website’s resources as the basis of the conduct of any kind of business activity based on information and tools available on the website by the Service Recipient is not permitted. Any other means of reproduction or use of the information, data and materials from the Website, or of the colour scheme or the layout of the website without the prior written consent of LOT Polish Airlines is prohibited, except when such actions are permitted under strictly applicable legal provisions.
4. The Service Provider can be contacted by phone: 801 703 703 (number available for fixed-line telephones) or 22 577 99 52 (number available for fixed-line telephones and mobile telephones), online by e-mail to: email@example.com or in writing (by post) to: ul. 17 Stycznia 43, 02-146 Warszawa.
§ 4 [Electronically provided services]
1. LOT Polish Airlines provides the following Services via Website:
a) entering into air carriage agreements through purchase of an electronic flight ticket;
b) entering into agreements for additional services ("Customised Services") within the scope of the air carriage agreement;
c) entering into agreements for AirKiosk service encompassing air travel passenger services, including the delivery of baggage to the airport, assistance at the airport, arrival to/departure from the airport;
d) access to websites of third entities via which agreements for services provided by these entities can be concluded;
e) provision of information about the flight timetable of LOT Polish Airlines,
f) notification about current promotions and offers of LOT Polish Airlines;
g) e-mail newsletter;
h) provision of the Service Recipient's individual profile on the Website.
2. Use of the Services referred to in pt 1 above requires prior acceptance of these Terms and Conditions by the Service Recipient, which is expressed by checking the check box next to the message "I have read and accepted the Terms and Conditions of the Electronic Provision of Services by PLL LOT S.A.", entering of the user's data (including personal data) necessary for the provision of the given Service, according to the instruction available on the Website, and acceptance of the aforementioned actions by clicking the relevant acceptance button. Data that are necessary for the provision of the given Service are indicated by the Service Provider on the Website on subpages concerning particular categories of Services.
3. Use of certain Services may be possible on condition that the Service Recipient registers on the Website by setting up an account. The Services that require setting up an account by the Service Recipient shall be indicated on the Website.
4. Use of certain Services may be subject to the payment of a fee by the Service Recipient. The Services for which the payment of a fee by the Service Provider shall be required and the amount of such fee shall be indicated on the Website on subpages concerning particular categories of Services.
5. Detailed rules of purchase of an Electronic Flight Ticket via Website are set out in the Conditions of Purchase of an Electronic Flight Ticket, which are enclosed as Annex 1 to these Terms and Conditions.
6. Detailed rules of purchase of additional services relating to air carriage via Website are set out in Annex 2 to these Terms and Conditions.
§ 5 [Technical requirements for the use of Services]
1. Use of the Website and Services provided by LOT Polish Airlines is possible on condition that the Service Recipient's IT system meets the following minimum technical requirements:
use of Mozilla Firefox 3.x+ or Internet Explorer 7.0+ or newer browsers with installed software for the use of Java Script and Java applets and with the support of cookies.
in certain cases, use of Flash 4 or newer software, Quicktime, Acrobat Reader, and decompression software.
possession of a valid, active and correctly configured e-mail account.
2. The resolution of the Website is optimised to 1024 x 768.
§ 6 [Liability]
1. Use of the Website and Services in a manner violating applicable legislation, these Terms and Conditions or good practices is prohibited.
2. The Service Recipient must not deliver, publish, send or otherwise disseminate via Website any illegal or offensive information and contents, misleading information, marketing contents (spam) and contents that may cause malfunctioning or damage of computer systems.
3. LOT Polish Airlines reserves the right to suspend access to Services or cancel the Agreement in the case of any Service Recipient who:
uses Services for purposes inconsistent with their intended use or to the detriment of third parties;
violates applicable laws, the provisions of these Terms and Conditions or good practices;
violates applicable laws, the provisions of these Terms and Conditions or good practices;
4. The Service Recipient shall be responsible for any use of the Website in a manner violating the provisions of Terms and Conditions and applicable legislation and for damages caused by such actions.
§ 7 [Personal data protection and commercial information]
2. The Service Recipient may voluntarily agree to the receipt, by means of electronic communication from Polskie Linie Lotnicze S.A. based in Warsaw at ul. 17 Stycznia 43, of advertising and commercial information ("Commercial Information"). This consent is given by the Service Recipient by checking the relevant option at www.lot.com. The Service Recipient may resign at any time from the receipt of the aforementioned commercial information by activating the relevant web address.
§ 8 [Complaints]
1. Any complaints regarding services provided electronically by LOT Polish Airlines should be reported by e-mail to: firstname.lastname@example.org or by post to: Polskie Linie Lotnicze LOT S.A., ul. 17 Stycznia 43, 02-146 Warszawa, within 7 days from the emergence of the reasons for the complaint.
2. Only complaints submitted in English or Polish shall be processed.
3. Each submitted complaint should contain the following information:
the Service Recipient's first name and surname,
the Service Recipient's address of residence and address for correspondence,
the Service Recipient's e-mail address,
the subject-matter of the complaint,
a detailed description of the service to which the complaint refers,
the reason for the complaint.
4. Complaints containing incorrect or incomplete data as required in point 3, as well as complaints containing inappropriate or insulting language shall not be processed.
5. Properly submitted complaints shall be processed by LOT Polish Airlines within 28 working days from the day of delivery of the complaint.
6. The person who submitted the complaint shall receive information concerning the method of processing of the complaint in the same manner in which the complaint was submitted, to the address for correspondence or the e-mail address stated in the complaint.
7. In the case of current technical issues relating to the functioning of the Website and the availability of Services, please contact us by e-mail: email@example.com.
§ 9 [Conditions of termination of the agreement for the electronic provision of services and withdrawal from the distance agreement]
1. The agreement for the electronic provision of services is concluded for an indefinite period of time, with the reservation of distance agreements for the purchase of an electronic flight ticket, additional passenger carriage services and AirKiosk services that are concluded for a definite period of time for the time of performance of the given service by LOT Polish Services.
2. The minimum duration of the Service Recipient's obligations resulting from the agreement with LOT Polish Airlines is not specified.
3. In connection with the wording of Article 3 par. 1 pt 4 of the Consumer Rights Act, in the case of purchase of services relating to air passenger carriage referred to § 4 pt 1 a)-c) of Terms and Conditions (purchase of an Electronic Flight Ticket, additional services relating to air carriage (customised services) and AirKiosk Services), the Service Recipient does not have the right to withdraw from the distance agreement that is referred to in this Act.
4. The Service Recipient may resign at any time from the use of Services referred to in § 4 pt 1 d)-h) of Terms and Conditions. The Service Recipient may resign from the maintenance of the Service Recipient's account on the Website by deleting his account. In the case of newsletter access service, the Service Recipient may resign from the use of the service through the link used for unsubscribing from the newsletter base that is available in each newsletter of LOT.
§ 10 [Final provisions]
1. All disputes resulting from the electronic provision of services by LOT Polish Airlines pursuant to these Terms and Conditions shall be resolved by common courts of relevant jurisdiction.
2. All annexes to these Terms and Conditions shall form an integral part thereof.
3. The valid Terms and Conditions are available at www.lot.com in a manner allowing for their storage and reproduction in the ordinary course of activities.
4. In the event of amendment of Terms and Conditions and in the case of Service Recipients who have already entered into an agreement for the electronic provision of services with LOT Polish Airlines, particularly registered Service Recipients, they shall be bound by the provisions of the new or amended Terms and Conditions, on condition that they do not terminate the agreement for the electronic provision of services within thirty (30) days from the day on which the Service Provider notifies them about the amendment of the Terms and Conditions.
5. Any issues not regulated in these Terms and Conditions shall be governed by relevant legal provisions, particularly the provisions of the Act on the Electronic Provision of Services of 18 July 2002, the provisions of the Civil Code of 23 April 1964 (Journal of Laws 64.16.93, as amended) and Articles 10 and 17 in conjunction with Article 3 par. 1 pt 4 of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827).
ANNEX 1 TO TERMS AND CONDITIONS OF THE ELECTRONIC PROVISION OF SERVICES OF 04 JULY 2011.
"CONDITIONS OF PURCHASE OF AN ELECTRONIC FLIGHT TICKET"
I. GENERAL PROVISIONS
1. This Annex 1 to Terms and Conditions defines the general conditions of the purchase of an Electronic Flight Ticket (hereafter “Conditions”) via Website.
2. An Electronic Flight Ticket available via Website may be purchased subject to acceptance of the provisions indicated below (by unchecking the check box) and becoming familiar with the fare conditions concerning the flight selected by the Service Recipient and General Conditions of Carriage available at: http://www.lot.com/conditions-of-carriage, which form an integral part of the air carriage agreement with LOT Polish Airlines.
II. ELECTRONIC TICKET PURCHASE SERVICE
1. The seller and issuer of Electronic Flight Tickets is the Service Provider.
2. Bookings and transactions are carried out via Website using the Amadeus flight ticket booking system.
1. Electronic Flight Ticket – (also called etix®, “Electronic Ticket”) means a ticket generated and saved in the booking system via Website that entitles the Service Recipient to travel on a given flight. The Electronic Ticket and its order number (booking number) is delivered by e-mail by LOT Polish Airlines to the Service Recipient to the email address indicated by the Service Recipient at the time of booking the Electronic Flight Ticket.
IV. USER'S LIABILITY
1. The Service Recipient is obliged to purchase and use an Electronic Flight Ticket in accordance with these conditions, General Conditions of Carriage available at: http://www.lot.com/conditions-of-carriage and legal provisions.
2. In particular, the Service Recipient must not purchase an Electronic Flight Ticket using a false name or someone else's name, pay for purchased Electronic Flight Tickets using a false credit card or someone else's credit card without the consent of the owner of the payment card, make bank transfers from someone else's bank account without the consent of its owner or in any other unlawful manner.
3. If the Service Recipient is a natural person, an Electronic Flight Ticket may be purchased only by a natural person who has full capacity to perform legal transactions.
V. TICKET BOOKING AND PURCHASE
1. In order for an Electronic Flight Ticket to be purchased, the booking procedure must be carried out properly in accordance with instructions stated on the Website in the Electronic Flight Ticket purchase panel, the passenger's data must be filled completely, these Conditions must be accepted, and the Service Recipient must make payment for an Electronic Flight Ticket using payment methods indicated on the Website within the time-limit specified by the Service Recipient on the Website.
2. If the accounting currency of the payment card is not the currency in which the price on the Electronic Flight Ticket is stated, the amount of payment may differ from the price of the purchased Electronic Ticket in accordance with regulations applicable in the payer's bank as a result of currency conversion and exchange rate differences between banks.
3. The purchase of an Electronic Flight Ticket involves the obligation to make payment for the Electronic Flight Ticket to LOT Polish Airlines.
4. Upon completion of his booking, the Service Recipient gives his consent to the charging of his card by the system.
5. If wrong credit card data are stated, the transaction shall be rejected and the Service Recipient shall be redirected to the Electronic Flight Ticket purchase panel. Payments by bank transfer are made automatically during the booking and purchase of the Electronic Flight Ticket through connection with the website of the bank where the Service Recipient has an Internet account.
6. The placement of an order for the purchase of an Electronic Flight Ticket is confirmed automatically by a generated e-mail message sent to the e-mail address indicated by the Service Recipient.
7. A distance agreement for the purchase of an Electronic Flight Ticket is concluded at the moment of receipt of payment for the Electronic Flight Ticket by the Service Provider. The receipt of the fee by the Service Provider is notified to the Service Recipient automatically in a generated e-mail message sent to the e-mail address indicated by the Service Recipient.
VI. ELECTRONIC TICKET RETURN
1. The Service Recipient has the right to return an Electronic Ticket purchased via Website, provided that:
a) the possibility of returning a ticket is stipulated in the fare used in the Electronic Flight Ticket, and
b) the Electronic Flight Ticket shall be returned before the day specified as the date of departure.
2. An Electronic Flight Ticket may be returned via Call Centre or to LOT Polish Airlines' agents within the time-limit indicated in the fare conditions, if this is allowed by the fare used in the given Electronic Flight Ticket.
3. An Electronic Flight Ticket to be returned shall be reported to the relevant Call Centre number or to LOT Polish Airlines' agent from whom the ticket was purchased. The list of Call Centre phone numbers is available at: www.lot.com.
4. Depending of the payment method used, the amount due to the Service Recipient for an Electronic Flight Ticket being returned shall be sent directly to the Service Recipient’s bank account or to the Service Recipient's credit card account within 28 days from the date of receipt of the delivery containing the returned Electronic Flight Ticket by LOT Polish Airlines.
ANNEX 2 TO TERMS AND CONDITIONS OF THE ELECTRONIC PROVISION OF SERVICES OF 01 April 2014.
Conditions of LOT's extra services ("Tailor-Made Services")
1. LOT's extra services / Tailor-Made Services ("Services") – additional paid services provided by LOT Polish Airlines that the passenger may purchase together with a flight ticket.
2. Special Category of Passenger ("SCP") - a person requiring special conditions, aid and/or equipment brought on board, in particular:
a. People with reduced mobility ("PRMs") – persons whose mobility when using transport is reduced due to physical disability (sensory or locomotor, permanent or temporary disability), intellectual disability or mental impairment, or any other cause relating to disability or age, and whose situation needs appropriate attention and adaptation to his or her particular needs with regard to services being available to all passengers;
b. Infants – children aged up to 2 travelling with an adult;
c. Unaccompanied minors ("UMs") – children aged between 2 and 12 travelling without an adult,
d. Non-standard size passenger (“NSP”) – a person who cannot sit on a single seat in the aircraft cabin because of his/her size, weight or height.
1. These conditions (“Conditions of Extra Services”) define the rules of use of extra services provided by LOT Polish Airlines.
2. These Conditions of Extra Services apply only to international and domestic flights operated by LOT Polish Airlines.
3. Services may be purchased for a journey consisting of maximum 4 segments, within the meaning of General Conditions of Carriage available at www.lot.com, link: http://www.lot.com/conditions-of-carriage.
My Extra Baggage
1. My Extra Baggage is a pre-paid excess baggage service: passengers are given the possibility to pre-purchase an additional piece of baggage at a discounted price at the time of booking.
2. The amount of fees for the My Extra Baggage service is specified in the price-list available via Website.
3. The service refers only to one additional piece of baggage that does not exceed 23 kg and whose total dimensions (length, width and height) do not exceed 158 cm.
4. The Service Recipient may purchase the My Extra Baggage service not later than 12 hours before the scheduled departure via Website.
5. In the case of baggage exceeding the stated dimensions, the excess baggage service may be purchased only via LOT's Call Centre, LOT's sales office or agents 24 hours before the scheduled journey.
6. The discount amounts to 20% of the regular fee for any baggage not exceeding 23 kg or 158 cm (total dimensions: length/width/height) that is available on: http://www.lot.com/nadbagaz.
7. The 20% discount does not apply to baggages with dimensions exceeding the dimensions stated above.
8. An agreement for the My Additional Baggage service is concluded upon receipt of the fee for the Service by the Service Provider, according to the price-list available via Website.
My Favourite Seat
1. Whenever you are not sure if you are qualified as a SCP or NSP, please contact our Call Centre.
2. The seat selection service gives you the possibility to select your seat prior to departure.
3. Subject to the provision of pt 4 below, the My Favourite Seat service is provided against payment. The amount of fees is specified in the price-list available via Website.
4. Passengers in LOT Premium Economy or LOT Business Class or having the status of HON, Senator and Frequent Traveller in the Miles & More loyalty program are entitled to the My Favourite Seat service at the price of one flight ticket.
5. The Service Recipient may purchase the My Favourite Seat Service not later than 24 hours before departure via Website. An agreement for the My Additional Baggage service is concluded upon receipt of the fee for the Service by the Service Provider, according to the price-list available via Website.
6. Seats not assigned under the seat selection service shall be available free of charge to all passengers after the start of the check-in (usually 24 hours before the scheduled time of departure).
7. For safety reasons, passengers occupying seats in rows near the emergency exit:
a. cannot qualify as a SCP or NSP or travel with animals in the cabin;
b. cannot qualify as persons who, because of their condition, might hinder other passengers during an evacuation or make it difficult for crew members to carry out their duties;
c. should be at least 18 years' old, be able to communicate in the language of the crew (Polish or English), be generally fit, reasonably strong and able to assist a rapid evacuation of the aircraft in an emergency after an appropriate briefing by the crew,
8. Other seat conditions:
a. Passengers qualifying as NSPs should take seats in a multiple-seat row (with folding armrests), possibly near the aircraft exit but not in the emergency row.
b. Infants must be seated in a row where a supplementary oxygen mask is available.
9. If a passenger chooses an exit row seat and does not meet the requirements for this seat stated in points 7 and 8 of this section, he/she shall be assigned a different seat. In such case, no refund applies.
My Premium Menu
1. The My Premium Menu service shall make it possible for passengers travelling in Economy class on long-haul flights to upgrade their standard LOT Economy Class meal to LOT Premium Economy meal.
2. The service is available for standard meals as well as for selected special meals (Muslim, Diabetic, Non-lactose, Lacto-Ovo-Vegetarian, Vegetarian (non-dairy), Vegan, Gluten-free).
3. The service may be ordered not later than 12 hours before the scheduled time of departure via Website.
4. The My Premium Menu service is provided against payment. The amount of fees is specified in the price-list available via Website.
5. An agreement for the My Premium Menu service is concluded upon receipt of the fee for the Service by the Service Provider, according to the price-list available via Website.
6. The Service is limited to 10 meal orders per each long-haul flight; after reaching this limit, passengers might not be able to buy the Service.
My Extra Equipment
1. The My Extra Equipment service makes it possible for passengers to purchase the carriage of the following extra equipment at the time of booking: golf equipment, scuba diving equipment, ski equipment, musical instruments, snowboard equipment and fishing equipment.
2. Equipment is carried in the hold. If the Service Recipient intends to carry equipment in the passenger cabin, please contact the Call Centre in order to agree upon the possibility of carriage of such equipment in the passenger cabin and the conditions of this carriage.
3. If your carried equipment is not included in the My Extra Equipment service, please contact the Call Centre in order to agree upon the possibility of carriage of such equipment and the conditions of this carriage.
4. If the allowed service limit is exceeded (in terms of number or weight), an excess baggage fee shall apply. The excess baggage fee may be paid in the Call Centre, LOT's own offices and agents' offices according to the price-list indicated on the Website and in LOT's own offices and in offices of LOT's agents.
5. The maximum weight of extra equipment must not exceed 45 kg. Heavier equipment may be carried as cargo. If you want to obtain further information, please call LOT's Cargo Office (+48 12 606 7777).
6. In the event of carriage of equipment of non-standard size, i.e. more than 23 kg, or with total dimensions (height, width, depth) exceeding 158 cm, the Service Recipient should contact the Call Centre in each case to confirm the possibility of carriage of such equipment and the conditions of such carriage.
7. Subject to the provision of pt 8 below, the My Extra Equipment service is provided against payment. Fees for extra equipment are available at: http://www.lot.com/sprzet-sportowy and refer to a one-way journey (for the return flight, a separate fee is required).
8. One piece of extra equipment may be carried without a fee if it does not exceed the allowed limit for registered baggage.
9. For one set of extra equipment (e.g. 1 pair of skis + 1 pair of boots + a separately packed helmet), one fee is required.
10. The service may be purchased not later than 12 hours before the scheduled time of departure via Website.
11. A distance agreement for the My Extra Baggage service is concluded upon receipt of the fee for the Service by the Service Provider, according to the price-list available via Website.
LOT Economy Simple baggage
1. Passengers who travel according to the fare with no registered free baggage allowance and would like to carry such baggage may use the LOT Economy Simple Baggage service, under which such baggage may be carried against an extra fee according to the price-list stated at: http://www.lot.com/pl/pl/bagaz-rejestrowany.
2. For the second and next piece of baggage, regular excess baggage fees shall apply.