Regulations for the provision of services by electronic means by PLL LOT S.A.
§ 1 [Introduction]
1. These Regulations, pertaining to the provision of services via electronic means, hereinafter referred to as the "Regulations," establish the guidelines governing the utilization of services made available through the website www.lot.com by Polskie Linie Lotnicze LOT S.A. with its registered office in Warsaw, ul. Komitetu Obrony Robotników 43, (02-146 Warszawa), registered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court for the capital city of Warsaw, 14th Commercial Division of the National Court Register, under KRS number 0000056844, TIN 522-000-23-34 and REGON 010058960000, and a share capital of PLN 203 214 923,28 (paid in full).
2. These Regulations constitute guidelines for offering services through electronic means as defined by Article 8 of the Act of 18 July 2002, concerning the provision of services via electronic means (uniformed text, Journal of Laws No. 144, item 1204).
3. The Regulations delineate the categories and extent of services electronically rendered by LOT Polish Airlines, the procedures governing the delivery of said services, the prerequisites for establishing and discontinuing agreements for electronic service provisioning, as well as the protocol for handling complaints.
4. The General Conditions of Carriage of Passengers and Baggage apply to the purchase of an Electronic Air Ticket and additional services related to air transportation and are available at www.lot.com under the tab titled "General Conditions of Carriage of Passengers and Baggage".
§ 2 [Definitions]
1. Service Provider/LOT Polish Airlines - Polskie Linie Lotnicze LOT S.A. with its registered office in Warsaw, ul. Komitetu Obrony Robotników 43 (02-146 Warszawa);
2. Website - the website located at www.lot.com, enabling customers to access services offered by LOT Polish Airlines, and facilitating the remote formation of a contract between the customer and the service provider for the acquisition of an Electronic Air Ticket or supplementary services linked to air travel.
3. Customer - means an individual, legal entity, or unincorporated body with legal capacity as bestowed by law, engaging as a user of the Website, primarily for the utilization of Services;
4. SSL secure protocol - an electronic system for the secure transmission of an encrypted data stream.
5. Services - services provided by LOT Polish Airlines electronically through the Website, as listed in § 4 of the Regulations.
6. Customer's Account - an account maintained for the Customer on the Website under a unique name (login), which is a set of resources in which the Customer's data and information about his/her activities on the Website are collected;
§3 [General Provisions]
1. The Customer is eligible to access the services specified in § 4 of the Regulations, accessible via the Website, provided they fulfill the technical prerequisites outlined in § 5(1) of the Regulations.
2. All details, data, and materials presented on the Website (comprising, but not confined to, names, logos, schedules, price lists, as well as the visual design and arrangement of the Website) are governed by intellectual property rights, specifically the copyrights vested in the Service Provider or its associated partners, with whom the Service Provider has established suitable agreements.
3. The information and materials referred to in paragraph 2 above may be used by the Service Recipient only within the limits of permitted private use, to the extent specified by applicable law. Specifically, it is strictly prohibited for the Service Recipient to employ the resources of the Website as a foundation for any commercial endeavor, utilizing the information and tools available on the portal. Any form of replication or utilization of information, data, and materials extracted from the Website, as well as the color scheme or arrangement of the Website, without the prior written consent of LOT Polish Airlines, is expressly prohibited, except in cases where such actions are sanctioned by obligatory legal regulations.
4. The following method of communication with the Service Provider is specified:
- by telephone at: 801 703 703 (number available for landlines) or 22 577 99 52 (number available for landlines and cell phones),
- by e-mail to: kontakt@lot.pl
- in writing (by mail) to: ul. Komitetu Obrony Robotników 43, 02-146 Warszawa.
For inquiries concerning data protection matters, kindly reach out to the Data Protection Officer via e-mail at: iod@lot.pl
§ 4 [Services provided through electronic means]
1. LOT Polish Airlines provides the following Services through the Website:
- providing the Customer’s Account;
- contracting for air transportation, through the purchase of an Electronic Airline Ticket;
- contracting for Ancillary Services under an air carriage contract;
- contracting for Special Service TIME2THINK under an air carriage contract;
- enabling the conclusion of insurance contracts related to air travel;
- access to third-party websites and enabling the conclusion of sales contracts for services offered by third parties via the Website;
- concluding sales contracts for services and goods offered in the SHOP&MORE online store;
- providing information on LOT Polish Airlines' flight schedules;
- informing about current LOT Polish Airlines' special offers and bargains;
- e-mail newsletter;
2. The access to the Services referred to in section 1 above, requires:
- • entering the Customer's data, including personal data necessary to provide a given Service, in accordance with the instructions posted on the Website and accepting the above-mentioned activities by pressing the designated acceptance button. The data necessary to provide a given Service is always indicated by the Service Provider on the Website in subpages relating to individual categories of Services.
- • acceptance of these Regulations by the Customer by checking the check box next to the message "I have read and accept the Regulations for the provision of services by electronic means by PLL LOT S.A."
- • when using the SHOP&MORE online store service, the Customer also accepts the SHOP&MORE Online Store Regulations by checking the check box next to the message "I have read and accept the SHOP&MORE Online Store Regulations"
3. The access to some of Services may require the payment of a fee by the Customer. Information about the payment and the amount of the fee will be provided on the Website on the subpage regulating the terms of use of a given paid Service.
4. LOT Polish Airlines assists the Service Recipient in establishing contracts for procuring services offered by third parties through the Website, thus exempting LOT Polish Airlines from being a party to said contracts. The acquisition and delivery of third-party services accessible via the Website will be executed in accordance with the stipulations and provisions outlined by these entities within the terms and conditions of service accessible on their respective websites. Invoices substantiating the acquisition of third-party services are exclusively issued by the third parties responsible for furnishing these services. Any complaints regarding the rendering of services by third parties should be directed to these entities, which possess exclusive authority to address and resolve complaints. Third parties have the status of an entrepreneur within the meaning of Article 4 of the Act of 6 March 2018, Entrepreneur Law (Journal of Laws 2018, item 646) and have made a statement to this effect to LOT Polish Airlines.
5. The Website enable Customer to use the services of the SHOP&MORE Online Store, which is available at: http://lot.com/pl/en/shop-and-more . Detailed conditions for concluding contracts for the purchase of services and goods offered by the SHOP&MORE Online Store and the rules for running the SHOP&MORE Online Store are set out in the Regulations of the SHOP&MORE Online Store available on the Website in the Ancillary Services tab - SHOP&MORE.
6. Detailed conditions for concluding contracts for the purchase of Electronic Air Tickets via the Website are specified in the document Terms and Conditions for the Purchase of Electronic Air Tickets, which constitutes Appendix No. 1 to these Regulations.
7. Detailed conditions for concluding contracts for the purchase of Additional Services as part of air transport via the Website are set out in the document Terms and Conditions for the Purchase of Additional Services, which constitutes Annex No. 2 to these Regulations.
8. Detailed conditions for concluding contracts for the purchase of the TIME2THINK Special Service as part of an air transport contract via the Website are specified in the document constituting Annex No. 3 to these Regulations.
9. Detailed terms and conditions of electronic air travel insurance contracts are specified in the document - PZU Regulations, constituting Annex No. 4 to these Regulations.
§ 5 [Technical conditions for use of the Services]
1. Utilization of the Website and the Services offered by LOT Polish Airlines is contingent upon the recipient's data communication system meeting the subsequent minimum technical prerequisites:
1) the use of browsers Mozilla Firefox 3.x+ or Internet Explorer 7.0+ or newer with installed software to support Java Script and Java applets and provide support for cookies
2) the use of Flash 4 or later, Quicktime, Acrobat Reader and decompression programs in certain cases,
3) a current, active and properly configured e-mail account,
4) the Website is optimized for 1024 x 768 resolution;
5) connection to the Website is established via a secure SSL protocol.
§ 6 [Customer's Account]
1. The Customer may create an Customer’s Account on the Website by completing and accepting the registration form available on the Website www.lot.com in the "Log in" tab. The Customer may also create an Customer’s Account via the SHOP&MORE Online Store. Creating and maintaining the Customer’s Account is voluntary, free of charge and indefinite. The Customer may only create one Customer’s Account.
2. Creating the Customer’s Account is not necessary to use the functionality of the Website, including the SHOP&MORE online store.
3. The condition for creating the Customer’s Account is to read and accept these Regulations and provide personal data marked as mandatory.
§7 [Responsibility]
1. The Service Provider may remove the Customer's Account in the Website with immediate effect in the case of violation of the Regulations by the Customer, and in particular when the Customer:
a) provided data during registration in the Website that is untrue, inaccurate, or outdated, misleading, or violating the rights of third parties;
b) has, by means of the Website, violated the personal rights of third parties, in particular the personal rights of other Website Customers;
c) has engaged in conduct that has exposed PLL LOT S.A. to material damage, particularly financial loss;
d) has committed any other behaviour deemed by the administrator of the Website to be contrary to the applicable provisions of law or the general principles of the use of the Internet or detrimental to the good name of PLL LOT S.A.
2. The Customer who has been banned from using the Website may not re-register with the Website without the prior consent of PLL LOT S.A.
3. To ensure the security of the transmission of messages and data, in connection with the services provided as part of the website, the Website takes technical and organisational measures appropriate to the degree of risk to the security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
4. The Customer is obliged in particular:
a) to keep the login data for the Customer's Account, in particular the login and password strictly confidential and not disclose them to anyone; Additionally, the Customer shall immediately notify the Service Provider of any unauthorised use of the email address, Customer’s Account or any other breach of security;
b) not to provide or transmit content that is prohibited by law, e.g., content that promotes violence, is defamatory or infringes personal rights and other rights of third parties;
c) to use the Website in a manner which does not disrupt its operation, in particular through the use of specific software or devices;
d) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Website;
e) use the Website in a manner not burdensome to other PLL LOT S.A. Customers;
f) use any content posted within the Website only for their own personal use;
g) use the Website in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet and the accepted custom in a given scope;
h) not to undertake actions aimed at gaining access to classified information held by the administrators of the Website;
i) not to take any action contrary to these Regulations or to provision of law which may expose PLL LOT S.A. to material damage, particularly in the form of financial loss;
5. Should the Customer, in connection with the use of the Website, undertake any actions which are contrary to the provisions of these Regulations or the law, as a result of which PLL LOT S.A. incurs a loss, the Customer shall be obliged, at PLL LOT S.A.'s request, to compensate for such loss in its full amount.
6. The Service Provider is not responsible for providing false, incorrect or incomplete information via the Website, in particular in the case of providing data of third parties without their consent or knowledge.
§ 8 [Personal data protection and commercial information]
1. The rules of processing of the Customer's personal data by LOT Polish Airlines are set out in the document entitled "Privacy Policy".
2. The Customer retains the choice to voluntarily provide consent for receiving electronic communications containing advertising and commercial information ("commercial information") from Polskie Linie Lotnicze LOT S.A., with its registered address at ul. Komitetu Obrony Robotników 43, Warszawa. This consent is granted by the Service Recipient through the act of unchecking the relevant consent option on www.lot.com. The Customer has the freedom to discontinue receipt of the aforementioned commercial communications at any time by accessing the provided web address included within each commercial communication directed to the Service Recipient.
§ 9 [Complaints]
1. All complaints regarding services provided electronically by LOT Polish Airlines should be submitted to the e-mail address: problemy_techniczne@lot.pl or by mail to: Polskie Linie Lotnicze LOT S.A., ul. Komitetu Obrony Robotników 43, 02-146 Warszawa, within 21 days after the reasons for the complaint became known.
2. Only complaints submitted in either Polish or English will be considered.
3. The complaint should include the following information:
- first and last name of the Customer,
- residence and mailing address of the Customer,
- e-mail address of the Customer,
- subject of the complaint,
- detailed description of the advertised service,
- reason for the complaint.
4. Complaints containing inaccurate or insufficient information as stipulated in paragraph 3, along with complaints that include disrespectful and offensive language, will not be considered.
5. LOT Polish Airlines will review appropriately submitted complaints within a period of 30 days from the date of complaint delivery.
6. The individual lodging the complaint will be notified of the resolution method through the mailing or email address provided within the complaint.
7. If you encounter persistent technical issues concerning the operation of the Website and the accessibility of the Services, kindly reach out to us via e-mail at: problemy_techniczne@lot.pl.
§ 10 [Terms and conditions for termination of the agreement for the provision of services by electronic means and withdrawal from a distance agreement]
1. The agreement for the provision of services through electronic means is generally of indefinite duration, except for distance agreements pertaining to the purchase of electronic air tickets, passenger-related ancillary services, and SHOP&MORE services, which are specifically valid for the duration of service provision by LOT Polish Airlines.
2. There is no minimum duration of the Service Recipient's obligations under the agreement with LOT Polish Airlines.
3. As outlined in Article 3.(1)(4) of the Consumer Rights Act, when acquiring services connected to passenger air transportation, as stipulated in § 4(1)(a-c) of the Regulations (namely, the purchase of an Electronic Air Ticket, Ancillary Services as part of air transport, a Special Service TIME2THINK as part of air transport and in the case of the SHOP&MOR Online Store - purchase the goods from the "Delivery on board" category carried out as part of air transport), the Customer is precluded from exercising the right of withdrawal from a distance agreement, as delineated in the aforementioned Act.
4. The use of the Services referred to in § 4(1)(d-i) of the Regulations may be discontinued by the Customer at any time, unless the provisions of the Appendix, governing a particular Service, provide otherwise. The service of maintaining the Customer's account on the Website can be terminated by the Customer through the deletion of the account. For the newsletter subscription service, the Service Recipient has the option to unsubscribe from the service by utilizing the unsubscribe link provided in each LOT newsletter.
§ 11 [Final provisions]
1. All disputes arising from the provision of services via electronic means by LOT Polish Airlines in accordance with these Regulations shall be resolved by the appropriate jurisdictional common courts.
2. All appendices to the Regulations form their integral part.
3. The relevant Regulations can be accessed on www.lot.com in a format that facilitates their retention and reproduction in the usual course of business.
4. The Service Provider reserves the right to amend these Regulations at any time, in case change in applicable law or a change in the terms and conditions of the provision of Services. The amendments to the Regulations will be published in the Website. The Service provider shall inform the Customers who have set up a Customer Account about the changes to the Regulations by sending an e-mail message to the Customer's e-mail address indicated during the registration process, 7 days before the entry into force amendments to the Regulations. The Customer may not agree to the amendments to the Regulations by notifying the Service Provider within 7 days from the date of sending information via an e-mail, what will result in closing the Customer's Account.
5. In matters not covered by these Regulations, the relevant provisions of the law shall apply, in particular the provisions of the Act on Providing Services by Electronic Means of 18 July 2002, the provisions of the Civil Code of 23 April 1964 (Journal of Laws 64.16.93 as amended) and Articles 7a, 10, 11 and 17 in connection with Article (1)(4) of the Act of 30 May 2014 (Journal Laws of 2014, item 827).