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.
§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: firstname.lastname@example.org or 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: email@example.com
§ 4 [Services provided through electronic means]
1. LOT Polish Airlines provides the following Services through the Website:
- contracting for air transportation, through the purchase of an Electronic Airline Ticket;
- contracting for ancillary services under an air carriage contract;
- contracting for special services under an airfreight agreement, among others, the TIME2THINK service;
- enabling the conclusion of insurance contracts related to air travel;
- contracting for SHOP&MORE service, which includes passenger services related to air travel, such as, but not limited to delivery on board, luggage delivery to the airport, assistance at the airport, transportation to or from the airport ;
- accessing third-party websites that enable the conclusion of contracts for services provided by these entities;
- providing information on LOT Polish Airlines' flight schedules;
- informing about current LOT Polish Airlines' special offers and bargains;
- e-mail newsletter;
- providing an individual profile of the Customer on the Website.
2. To access the Services outlined in paragraph 1 above, the Service Recipient must first agree to these Regulations by checking the 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.," providing necessary user data (including personal information) as required for the Service's provision in accordance with the Website's instructions and confirming this action by pressing the designated acceptance button. The specific data required for the provision of each particular Service are communicated by the Service Provider on the relevant subpages for each category of Services on the Website.
3. Certain Services might require the Customer's registration on the Website, accomplished through the establishment of a Customer account. Services mandating Customer account creation will be clearly identified on the Website.
4. Access to specific Services may entail a fee payment by the Service Recipient. Services for which a fee is required from the Service Recipient, along with the corresponding fee amount, will be clearly specified on the relevant subpages for each category of Services on the Website.
5. 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.
6. Detailed rules for acquiring an Electronic Airline Ticket via the Website are outlined in the Terms and Conditions for the Purchase of an Electronic Airline Ticket, provided herein as Appendix 1.
7. Detailed rules for acquiring supplementary services related to air transportation via the Website are incorporated in Appendix 2 accompanying these Regulations.
8. Detailed rules for acquiring the TIME2THINK service pertaining to an air carriage agreement via the Website are delineated in Appendix 3 of these Conditions.
9. Details regarding LOT Polish Airlines' facilitation of electronic insurance agreements are outlined in Appendix 4 to these Conditions.
§ 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 [Responsibility]
1. Usage of the Website and its Services in a manner contradicting the law, Regulations, or good morals is strictly prohibited.
2. The act of furnishing, posting, transmitting, or in any way distributing via the Website any information or content that is unlawful, offensive, misleading, of a marketing nature (spam), or that has the potential to disrupt or harm computer systems, is strictly prohibited.
3. LOT Polish Airlines has the right to withhold access to the Services or terminate the Agreement in the case of a Customer who:
- employs the Services in a manner inconsistent with their intended purpose or to the detriment of third parties;
- violates applicable law, the provisions of the Regulations or good morals;
- violates applicable law, the provisions of these Regulations, or good morals.
4. The Customer shall bear responsibility for any usage of the Website contrary to the Regulations or legal provisions, as well as for any resulting damages arising from such conduct.
5. The Service Provider shall not assume liability for the dissemination of inaccurate, erroneous, or incomplete information via the Website, particularly when involving the submission of third-party data without their explicit consent or awareness.
§ 7 [Personal data protection and commercial information]
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 Service Recipient 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.
§ 8 [Complaints]
1. All complaints regarding services provided electronically by LOT Polish Airlines should be submitted to the e-mail address: firstname.lastname@example.org 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 Service Recipient,
- residence and mailing address of the Service Recipient,
- e-mail address of the Service Recipient,
- 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 taken into consideration.
5. LOT Polish Airlines will review appropriately submitted complaints within a period of 14 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: email@example.com.
§ 9 [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, supplementary services linked to air travel [tailor-made services], and SHOP&MORE Services), the Service Recipient 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.
§ 10 [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. If the Conditions undergo modifications, and for Service Recipients who are already engaged in an agreement for electronic service provisioning with LOT Polish Airlines, notably registered Service Recipients, they will be obligated by the terms of the updated or revised Conditions, unless they opt to terminate the electronic service agreement within thirty (30) days from the date of notification by the Service Provider concerning the Condition amendment.
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).