Terms and conditions of on-line services provided by PLL LOT S.A.
§ 1 [Introduction]
- 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. Komitetu Obrony Robotników 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).
- 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).
- 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.
- The purchase of an Electronic Flight Ticket and additional services relating to air carriage shall be regulated according to the General Conditions of Carriage.
§ 2 [Definitions]
- Service Provider/LOT Polish Airlines – Polskie Linie Lotnicze LOT S.A. based in Warsaw, at ul. Komitetu Obrony Robotników 43, (02-146 Warszawa);
- 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;
- 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;
- Services – services provided electronically by LOT Polish Airlines via Website, listed in § 4 of Terms and Conditions.
§ 3 [General provisions]
- 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.
- 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.
- 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.
- 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: firstname.lastname@example.org or in writing (by post) to: ul. Komitetu Obrony Robotników 43, 02-146 Warszawa. In matters related to the protection of personal data, please contact the Data Protection Officer via email: email@example.com
§ 4 [Electronically provided services]
- 1. LOTPolish Airlines provides the following Services via Website:
- entering into air carriage agreements through purchase of an electronic flight ticket;
- entering into agreements for additional services ("Customised Services") within the scope of the air carriage agreement;
- entering into agreements for SHOP&MORE service encompassing air travel passenger services, including the delivery of baggage to the airport, assistance at the airport, arrival to/departure from the airport;
- access to websites of third entities via which agreements for services provided by these entities can be concluded;
- provision of information about the flight timetable of LOT Polish Airlines,
- notification about current promotions and offers of LOT Polish Airlines;
- e-mail newsletter;
- provision of the Service Recipient's individual profile on the Website.
- 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.
- 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.
- 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.
- 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.
- 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]
- Use of the Website and Services provided by LOTPolish 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.
- The resolution of the Website is optimised to 1024 x 768.
§ 6 [Liability]
- Use of the Website and Services in a manner violating applicable legislation, these Terms and Conditions or good practices is prohibited.
- 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.
- LOTPolish 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;
- 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]
- 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. Komitetu Obrony Robotników 43, of advertising and commercial information ("Commercial Information"). The Service Recipient gives this consent by checking the relevant option at www.lot.com. The Service Recipient may at any time opt out from the receipt of the aforementioned commercial information by activating an appropriate link sent as part of the commercial information addressed to the Service Recipient.
§ 8 [Complaints]
- 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. Komitetu Obrony Robotników 43, 02-146 Warszawa, within 7 days from the emergence of the reasons for the complaint.
- Only complaints submitted in English or Polish shall be processed.
- 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.
- Complaints containing incorrect or incomplete data as required in point 3, as well as complaints containing inappropriate or insulting language shall not be processed.
- Properly submitted complaints shall be processed by LOT Polish Airlines within 28 working days from the day of delivery of the complaint.
- 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.
- 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]
- 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 SHOP&MORE services that are concluded for a definite period of time for the time of performance of the given service by LOT Polish Services.
- The minimum duration of the Service Recipient's obligations resulting from the agreement with LOT Polish Airlines is not specified.
- 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 SHOP&MORE Services), the Service Recipient does not have the right to withdraw from the distance agreement that is referred to in this Act.
- 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]
- 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.
- All annexes to these Terms and Conditions shall form an integral part thereof.
- 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.
- 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.
- 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).