Annex NO. 4 TO THE TERMS OF PROVIDING ELECTRONIC SERVICES OF 1 September 2018 – “Terms of Providing Electronic Services by Polskie Linie Lotnicze LOT S.A. as part of agency activities on behalf of PZU SA”
- The entity that provides services via the website www.lot.com is Polskie Linie Lotnicze LOT S.A. (hereinafter the Service Provider or PLL LOT) having its registered seat in Warsaw, at ul. Komitetu Obrony Robotników 43 (02-146 Warszawa), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000056844, NIP (tax ID number) 522-000-23-34, REGON (business statistical number) 01005896000000 and share capital PLN 62,430,548.32 (fully paid up).
- The Service Provider provides services as an insurance agent of Powszechny Zakład Ubezpieczeń Spółka Akcyjna having its registered seat in Warsaw, at al. Jana Pawła II 24, 00-133 Warszawa, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under the number KRS 0000009831, share capital PLN 86,352,300, fully paid up, NIP 526-025-10-49, REGON 010001345 (hereinafter PZU).
- The Service Provider is entered into the register of insurance agents maintained by the Financial Supervision Authority under the number 11239991/A.
- These PZU Terms specify:
- the services provided via the website;
- the terms and conditions of providing services via the website;
- the technical requirements necessary to provide services to the Service User via the website;
- the terms and conditions of entering into and terminating insurance agreements;
- the manner of handling complaints.
- The Terms concern insurance agreements entered into by PZU electronically and apply only to insurance proposed via the website.
- The phrases used in these Terms are understood as follows:
- electronic address – the designation of an ITC system that allows contact via means of electronic communication, in particular electronic mail; an electronic address is also called an e-mail address;
- premium calculation – calculating the amount of premium on the basis of data provided by the Service User;
- GTC – general terms and conditions used in insurance agreements entered into via the Internet, which are applicable to agreements offered via the website;
- website – an online application available at www.lot.com and forming part of an ITC system;
- ITC system – a set of interfacing IT devices and software that allows to process, store, dispatch and receive data via telecommunication networks with the use of terminal devices in the meaning of the Telecommunications Law Act of 16 July 2004 (Journal of Laws 2004, no. 171, item 1800, as amended), appropriate for a particular type of network, including the application used by PLL LOT.
- 6) electronic provision of services – provision of services that occurs by sending and receiving data via ITC systems, on an individual request of the Service User, without the simultaneous presence of the parties, where the data are transmitted via public networks in the meaning of the Telecommunications Law Act of 16 July 2004 (Journal of Laws 2004, no. 171, item 1800, as amended);
- Policyholder – a Service User entering into an insurance agreement with PZU via the website;
- insurance – insurance products offered by PZU via the website;
- Insurer – Powszechny Zakład Ubezpieczeń Spółka Akcyjna with its registered seat in Warsaw, at al. Jana Pawła II 24 (00-133 Warszawa);
- insurance agreement – an insurance agreement entered into between PZU and the Policyholder according to the provisions of the GTC and the Terms;
Services Provided Electronically
- The Service Provider provides the following services electronically via the website:
- information about air travel insurance offered by PZU;
- calculating the premium;
- concluding an insurance agreement with PZU SA;
- assistance with using the website, on request of the Service User.
Terms and Conditions of Electronic Provision of Services
- The Service Provider provides Services electronically free of charge, in accordance with the Terms.
- The Service User is obliged to read the Terms.
- A condition of using the Services is reading and accepting the Terms and using the website in accordance with the Terms.
- The Service User bears only the costs of the Internet connection, as specified by the telecommunications network operator.
- Using the Terms is free of charge The Terms are available at www.lot.com and the Service User may freely read, print or store an electronic version of the Terms on their computer or another terminal device.
- The Service User may cease using the website at any time. Once the Service User has ceased to use the website, the terms and conditions of providing services electronically via the website no longer apply, without the need to make a separate statement.
Entry into and Termination of an Insurance Agreement
- To use a service allowing an insurance agreement to be entered into via the website, the Service User must submit the following personal data:
- first and last name;
- electronic mail address (email);
- phone number;
If the insurance agreement is concluded on behalf of a third party, the Service User must provide the first and last name of that party.
- The Service User is liable for the correctness of data referred to in item 1 which they submit
- All data necessary to conclude an insurance agreement are submitted by the Service User while using the website.
- The Service User is liable for ensuring that the data they submit are true to the facts. By submitting data of third parties, the Service User represents that they have notified these parties of such submission and obtained their consent to have data submitted, unless their knowledge and consent are not required according to the provisions of law.
- If the Policyholder provided the Service Provider with incorrect information which affects the amount of the premium, they must pay an additional premium resulting from the difference between the premium which would have been due to PZU if correct information had been provided and the premium specified in the insurance agreement.
- The premium due from the Service User will be calculated upon selection of insurance coverage presented in the offer in the meaning of the Terms, which allows an insurance agreement to be entered into.
- Calculating the premium occurs on the basis of data submitted by the Service User while using the website.
- The premium calculation is not an offer in the meaning of the civil law. The calculated amount of premium may vary due to changes in the GTC, premium rates or data entered by the Service User between the date of saving the calculation and the date of entering into the insurance agreement.
- An insurance agreement is entered into via the website if the following conditions are met jointly:
- acceptance of the GTC and the Terms;
- reading the processing of personal data notice found in the “Data Controller Notice” document provided;
- calculation of the premium;
- confirmation that the insurance agreement to which apply the GTC approved by a resolution of the PZU SA Management Board together with a document containing information on the product have been provided to and approved by the Service User prior to entering into the insurance agreement;
- payment of the premium.
- Acceptance of the GTC and the Terms, and confirmation of reading the Data Controller Notice and the insurance product details document occurs when the Service User makes a statement that they have read each such document and consent to concluding the insurance agreement by marking an appropriate checkbox on the website.
- PZU's insurance liability commences with the timely payment of the premium and on the terms and conditions stated in the GTC and the document confirming that the insurance agreement has been entered into.
- Once the insurance agreement has been concluded, PZU SA will send the following documents to the Policyholder to the e-mail address submitted during the agreement conclusion process: a document confirming that the insurance agreement has been entered into, GTC, Insurance Product Details and the Data Controller Notice.
- By accepting the Terms, the Service User consents to information related to insurance with PZU SA via electronic means of communication, including text messages and electronic mail, being sent to the phone number or e-mail address stated by the Service User. If the contact details submitted by the Service User and used to send information via electronic means of communication change, the Service User undertakes to keep them up to date. Insofar as the processing of the Service User’s personal data is based on consent, they have the right to withdraw it. Consent may be withdrawn at any time in person at the branch office or by sending an email to the address email@example.com or a letter to the PZU SA address ul. Postępu 18a, 02-676 Warszawa. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
- An insurance agreement may be terminated at any time by mutual understanding of the parties.
- The Policyholder may terminate the insurance agreement at any time with immediate effect by making a relevant statement.
- If the term of the insurance agreement is longer than 6 months, the Policyholder may withdraw from the agreement within 30 days, and if the Policyholder is an entrepreneur – within 7 days of entering into the insurance agreement by making a relevant statement, subject to item 2. If, not later than upon entering into the agreement, PZU SA has not notified the Policyholder who is a consumer about their right to withdraw from the agreement, the term of 30 days runs from the date on which the Policyholder who is a consumer learns about this right. Withdrawal from the insurance agreement does not release the Policyholder from the duty to pay the premium for the period during which PZU SA provided insurance cover.
- The Policyholder is not entitled to terminate the insurance agreement on the terms and conditions given above if at least one of the following circumstances is met:
- the insurance agreement has been fully performed before the agreement termination period has elapsed;
- the insurance agreement concerns travel, luggage and the like and has been concluded for a period shorter than 30 days.
- If the insurance agreement has been entered into using means of distance communication and the Policyholder is a consumer, the deadline by which he or she is able to withdraw from the insurance agreement by making a written statement in this respect is 30 days from the day on which the Policyholder was notified about entering into the insurance agreement or being served with information to be provided to the consumer pursuant to provisions regulating agreements concluded at a distance, whichever is later. The deadline is deemed to be met if the statement had been sent before the deadline elapsed. The Policyholder who is a consumer is not entitled to withdraw from the insurance agreement if the agreement has been concluded for a period shorter than 30 days.
Change (update) of data
- A Policyholder who entered into an insurance agreement via the website is obliged to report any changes concerning the agreement.
- Changes to the agreement may be made by reporting them via a dedicated PZU hotline under the number 22 505 14 60.
Protection of personal data
- The Data Controller of the Service User’s personal data obtained while providing the services referred to in Section 2 point 1-5 is Powszechny Zakład Ubezpieczeń Spółka Akcyjna with its registered seat in Warsaw at al. Jana Pawła II 24, 00-133 Warszawa.
- PZU SA has entrusted the processing of personal data to Polskie Linie Lotnicze LOT S.A. with its registered seat in Warsaw at ul. Komitetu Obrony Robotników 43 (02-146 Warszawa), entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000056844, NIP 522-000-23-34, REGON 01005896000000 and share capital PLN 62,430,548.32 (fully paid up).
- The Insurer will process the Service User's personal data for the purpose of establishing, adjusting, amending or terminating the legal relationship resulting from the insurance agreement and to handle the insurance agreement entered into with the Service User.
- Processing of personal data will occur in compliance with relevant effective provisions of law, in particular the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws 2013, item 1422), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and the Personal Data Protection Act of 10 May 2018 (consolidated text: Journal of Laws 2018, item 1000).
- The submission of personal data by the Service User is voluntary, but required to enter into the insurance agreement. The Service User is entitled to access their data and rectify them.
- Submitting the personal data mentioned in Section 4, item 8 of the Terms is necessary to provide the services listed in Section 2, items 2-5 of the Terms.
- If the Service User does not submit the data referred to in § 4, item 8 of the Terms, the Service Provider will refuse to provide the services referred to in Section 2, items 2-5 of the Terms.
- The Service User is entitled to file complaints, i.e. send a statement to PZU SA listing their objections to services provided electronically by the Service Provider.
- A complaint, objection or grievance can be filed with any PZU SA unit that offers customer service.
- A complaint, objection or grievance may be filed:
- in writing, personally or by postal item in the meaning of the Postal Law Act, for example at the address PZU SA, ul. Postępu 18A, 02-676 Warszawa (for correspondence only);
- orally, by phone, for example under the hotline number 801-102-102, or personally for the record while visiting the unit referred to in point 1);
- electronically, by sending an email to firstname.lastname@example.org or filling out the form available at www.pzu.pl.
- PZU SA will handle the complaint, objection or grievance and reply to them without undue delay, not later however than within 30 days from the date on which they were received, subject to item 5.
- In particularly complex cases, where the complaint, appeal or grievance cannot be handled and replied to by the deadline referred to in item 4, PZU SA will provide a notice to the person who filed the complaint, objection or grievance, containing the following:
- the reason for the delay;
- the circumstances that must be verified in order to handle the complaint;
- the expected date for the handling of the complaint, objection or grievance and providing a reply, which may not exceed 60 days from the date on which the complaint, objection or grievance were received.
- PZU SA will reply to a complaint, appeal or grievance to the person who filed it on paper or other durable medium, except that a reply by email can be made only on request of the person who filed the complaint, objection or grievance.
- A natural person who filed a complaint may appeal to the Financial Ombudsman if:
- their claims were not satisfied in the complaint handling process;
- the actions resulting from a complaint handled in accordance with the wishes of that person were not performed by the deadline stated in the reply to the complaint.
- Complaints, objections or grievances are processed by PZU SA organisational units competent with respect to the subject matter of the complaint.
- The complaints are regulated in the Act on Handling of Complaints by Financial Market Institutions and on the Financial Ombudsman and in the Insurance Distribution Act.
- PZU SA allows the possibility of extrajudicial resolution of disputes.
- The authorised entity in the meaning of the Extrajudicial Resolution of Consumer Disputes Act that is competent to resolve PZU SA disputes extrajudicially is the Financial Ombudsman whose website address is: www.rf.gov.pl.
- The Policyholder, insured, beneficiary and another person holding any rights under the insurance agreement who is a consumer is entitled to ask an Municipal or County Consumer Ombudsman for assistance.
- In case of an agreement concluded via the Internet, the consumer is entitled to use extrajudicial resolution of disputes and file a complaint via the online dispute resolution system (ODR) according to Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes – http://ec.europa.eu/consumers/odr. The entity liable for the operation of the ODR platform is the European Commission. The PZU SA email address for filing complaints is email@example.com.
- PZU SA is supervised by the Financial Supervision Authority.
- The language used by PZU SA in relations with consumers is Polish.
- An action for claims arising from the insurance agreement may be brought under provisions on general jurisdiction or before a court having jurisdiction according to the domicile or registered office of the policyholder, the insured or the beneficiary.
- The Service Provider reserves the right to amend these PZU Terms at any time.
- If the PZU Terms are amended, they will be served to the Service User by placing them at the website. Use of the website by the Service User following changes to the Terms is deemed to constitute acceptance of the changes.