§ 1
1. These Regulations governing services provided by electronic means (the “Regulations”) define the terms and conditions of use of the Services provided by LOT Polish Airlines S. A. (the “Service Provider”) with a registered office in Warsaw, at ul. 17 Stycznia 39, (00-906 Warsaw) entered in the Register of Businesses conducted by the District Court for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register as KRS number 0000056844, Tax Identification Number 522-000-23-34, and share capital of 447,673,700 PLN (paid in full) hereinafter referred to as (“LOT Polish Airlines”).
2. The Regulations are available through the use of Internet sites belonging to LOT Polish Airlines at the address https://www.lot.com//terms-and-conditions-of-on-line-services in Regulation section.
3. The Regulations contained herein are regulations pursuant to Art. 8 of the Act of 18 July 2002 on Services Provided by Electronic Means of 18 July 2002 (Journal of Laws No. 144, item 1204).
4. These Regulations constitute an agreement by and between Lot Polish Airlines and the User of the services and define the legal basis for the supply of Services through electronic means, while the service User agrees to comply with them.
§ 2
1. The services, described in § 3 of the Regulations, are available to any person visiting the Internet Site (the “User”) on the Web at www.lot.com (the “Internet Site”) and any other sites, with which this Internet Site is connected, subject to § 4 par.1.
2. Each of the persons visiting the Internet Site is entitled to free use of services specified in § 3 of these Regulations, with the provision that on concluding an applicable agreement, the service is payable, and the service User undertakes to immediately pay the cost of the Service purchased.
3. Use of the Internet Site www.lot.com constitutes the acceptance of these Regulations.
§ 3
1.Lot Polish Airlines supplies the following Services through www.lot.com (the “Services provided by electronic means”):
o concluding air carrier contracts through the use of Internet sites,
o concluding contracts for additional services,
o providing passenger services related to air travel,
o providing flight schedule information for LOT Polish Airlines,
o providing information on current promotions and offers from LOT Polish Airlines,
o refund claim procedure.
2.All information, data and materials provided on the Internet Site (including names, logos, flight schedules and colour schemes and Internet Site layout) and any other intangible property rights associated with the content of the Internet site belong to LOT Polish Airlines or entities with whom LOT Polish Airlines has entered into appropriate agreements and are protected by copyright rights, trademark rights, and rights to data bases and/or other intellectual property rights.
3.The use of the Internet Site’s resources as the basis of the conduct of a business undertaking that is based upon the information and tools contained in the Internet Site by the User is not permitted. Any other means of reproduction of or use of the information, data, and materials from the Internet Site, or of the colour scheme or the Internet Site layout without the prior written consent of LOT Polish Airlines is prohibited.
4.The rules governing the purchase of electronic tickets are contained in the Electronic Ticket Purchase Conditions which comprise Annex No. 1 to these Regulations.
§ 4
1.Proper use of the Internet Site and use of the Services provided electronically by LOT Polish Airlines is possible through the use of the information technology systems of the User provided that they meet the following technical requirements:
o the use of Internet browser Mozilla Firefox 3.x+ or Internet Explorer 7.0+ or newer, with the installed computer software for the use of Java Script and Java applets,
o the use of, in certain circumstances, Flash 4 or newer, Quicktime, Acrobat Reader, and decompression software.
2.The Internet Site is optimised for a resolution of 1024 x 768.
3.LOT Polish Airlines bears no responsibility for technical problems or technical limitations occurring in the computer equipment used by the User, which prevent the User from making use of the Services described in § 2 par. 1.
4.While using the Internet Site, cookies files will be installed in the User’s computer system.
5.Permission for the installation of cookies is a necessary requirement for use of the Internet Site.
§ 5
1.Use of the Internet Site of LOT Polish Airlines (including services provided electronically) for purposes which violate applicable laws, regulations or public decency is not permitted.
2.LOT Polish Airlines reserves the right to deny access to Services any User who:
-uses the Services for purposes inconsistent with their intended use or the harm of third parties;
-violates applicable laws, the provisions of the Regulations or public decency.
3.The User bears full responsibility for damages resulting from conduct which is inconsistent with the provisions of these Regulations.
4.LOT Polish Airlines bears no responsibility for use by the User of the Internet Site in a manner contrary to the provisions of the Regulations or the consequences of decisions taken on the basis of the content included in the Internet Site.
5.LOT Polish Airlines bears no responsibility for the choice of topics, accuracy, completeness, or quality of information provided by third parties. No claims may be made against LOT Polish Airlines as a result of tangible or intangible damages caused by the use of nor the failure to use such information, under the condition that there was no negligence on the part of LOT Polish Airlines nor improper representation of such information.
6.In the case of any unauthorised use of the Site or its Services, LOT Polish Airlines reserves the right to take all necessary actions, not excluding the initiation of court proceedings without notification of the User.
§ 6
1.The personal data administrator in accordance with the Act on the Protection of Personal Information (Act of 29 August 1997 on the Protection of Personal Information, Journal of Laws No. 133, item 883 with subsequent amendments) is LOT Polish Airlines. Personal information is stores and processed by LOT Polish Airlines with the use of appropriate security measures, in compliance with the requirements of Polish Law.
2.By accepting the Regulations herein, the User expresses his or her consent for the processing of his or her personal information by the Personal Data Administrator. The User expresses his or her consent for the processing of his or her personal information for the needs of the Service Provider and authorizes LOT Polish Airlines to transfer that information to entities working with LOT Polish Airlines in the provision of Services.
3.By accepting the Regulations herein, the User confirms the accuracy of the personal information he or she has provided and in accordance with article 23 of the Act on the Protection of Personal Information of 29 August 1997.
4.The provision of information is voluntary. Refusal by the User to consent to the processing of his or her personal information will result in denial of the provision of services.
5.The User maintains the right to review his or her own information and the right to correct it.
6.The User may express consent to receive information of a commercial and advertising nature from LOT Polish Airlines with a registered office in Warsaw at ul. 17 Stycznia 39, including information transferred by electronic means. This consent is given by the User by checking the appropriate option in the user profile creation form www.lot.com.
The User may at any time cancel the option of receipt of the abovementioned promotional information by deleting entirely their user profile.
7.The Service Provider is authorized to disclose confidential information concerning Users only in exceptional circumstances, where it is necessary for identification of, interrogation of, or the filing of charges against a User who has caused damage to the rights or property of LOT Polish Airlines, other users of the Internet Site, or other entities on whom these activities may have had an adverse effect. The User’s information that allow his or her identification may be disclosed by LOT Polish Airlines if the airline is required to in accordance with the absolute requirements of applicable laws.
§ 7
1.All refund claims related to the function of the Internet Site www.lot.com should be reported to the email address: problemy_techniczne@lot.pl
2.Only refund claims submitted in the English and Polish languages will be processed.
3.Refund requests should contain the following information concerning the person making the request: a) first and last name, s) physical address and correspondence address, d) the subject of the refund request, e) a precise description of the service involved, f) a precise detailing of the grounds of the refund request.
4.Refund requests containing incorrect or incomplete information as required above, as well as complaints containing inappropriate or insulting language will not be considered.
5.Refund requests will be processed by LOT Polish Airlines within seven working days from the day of their receipt.
6.The person who submitted the claim will receive information concerning the method of processing of the claim by the same method by which the claim was submitted, at the address given in the claim.
§ 8
1. All disputes resulting from the provision of services provided by electronic means by LOT Polish Airlines on the basis of these Regulations governed by the jurisdiction of the Polish courts, in particular those appropriate to the registered office of LOT Polish Airlines.
2. All Annexes constitute constituent parts of these Regulations.
3. LOT Polish Airlines reserves all rights to introduce changes to the content of the Internet Site without the prior notification of Users.
4. These Regulations go into effect on the day of their publication on the Internet Site www.lot.com and replace all previously established provisions.
Annex No. 1 to these Regulations for provision of service by electronic means
“Electronic Ticket Purchase Conditions”
I. GENERAL PROVISIONS
1.The Annex No. 1 hereto defines the general provisions of the purchase of electronic tickets (the “Conditions”) from the Internet Site www.lot.com.
2.Acceptance of the provisions below and familiarity with the fare conditions applying to the connection chosen by the User are a condition of the purchase of electronic tickets through the use of the Internet Site.
3.These Conditions are in character an agreement between LOT Polish Airlines and the User, and define the legal basis of the purchase of electronic air transport tickets, requiring the User to comply with them. Each User is required to comply with these Conditions as of the moment of taking of action intended to purchase an electronic air transport ticket.
2. ELECTRONIC TICKET PURCHASE SERVICE
1. The seller and the issuer of electronic air transport tickets is LOT Polish Airlines S.A. with a registered office in Warsaw at ul. 17 Stycznia 39 (00-906 Warsaw), registered in the Register of Businesses, conducted by the District Court for the city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register as KRS number KRS 0000056844, Tax Identification Number 522-000-23-34, and a share capital of 447,673,700 PLN (paid in full). 2. Reservations and transactions are carried out through the Internet Site www.lot.com using the air ticket reservation system, Amadeus.
2. DEFINITIONS
1.Electronic Air Travel Ticket – (also known as etix®, “Electronic Ticket”) means a ticket generated and saved in the reservation system, authorising travel on a given itinerary. The Electronic Ticket and its order number (reservation number) is delivered by electronic mail by the Carrier to the User at the email address indicated by the User during the process of making the reservation for the Electronic Ticket.
2.Price – indicates the pre-tax price of the Electronic Ticket available on the Internet Site. Prices are given in the local currency depending on the chosen sales market. In accordance with the applicable Regulations of the European Union, all price offers in the EU include all additional charges and airport charges. Markets outside the European Union can present net prices.
3.The Reservation and Electronic Ticket Purchase Module (the “Reservation System”) – a tool permitting the User to purchase and search for LOT Polish Airlines domestic and international air connections and those of other Star Alliance partners for any defined pair of cities, and to check prices of those connections and purchase Electronic Tickets. The Reservation and Electronic Ticket Purchase Module is available on the Internet Site www.lot.com (the “Internet Site”).
4.Reservation number – indicates the unique number issued by the reservation system at the tome of order of the Electronic Ticket.
5.Service Charge – a transaction charge collected at the issuance of every Electronic Ticket. The amount of this charge depends on the given sales market.
6.Internet Site – Internet service found at the address www.lot.com through the use of which the Service provider has the right to issue Electronic Tickets outside the LOT Polish Airlines sales office network, agents, or other entities providing services on behalf of LOT Polish Airlines.
7.The User – indicates the natural person, legal person, or organisational unit without legal personality that has been granted a legal capacity by law, who is the User of the Internet Site and carries out a purchase of a LOT Polish Airlines Electronic Ticket (the “User”).
3. THE USER’S RESPONSIBILITY FOR RESERVATIONS
1.The User hereby declares that he or she has full capacity to perform acts in law, accepting the Conditions stated herein, and takes full financial responsibility for the purchase of the Electronic Ticket.
2.The User ensures that he or she is purchasing the Electronic Ticket exclusively in a manner that complies with applicable laws.
3.The User is prohibited from purchasing Electronic Tickets through the use of false names, or names other than its own, making payment for the Electronic Ticket using false payment cards, without the agreement of the owner of the payment card, by making bank transfers from accounts other than his or her own without the consent of the owner of the account, or any other manner that is in violation of the law.
4. LIMITED LIABILITY
1.LOT Polish Airlines reserves that the purchase of the Electronic Ticket takes place exclusively at the cost and risk of the User. LOT Polish Airlines does not offer any guarantee that the purchase of the Electronic Ticket will take place without errors, defects, interruptions or the absence of a connection to the Internet Site, or that the results of the search of the Internet will satisfy the User’s expectations concerning the substantive value, precision of or the usefulness of the information retrieved.
5. PROTECTION OF PERSONAL INFORMATION
1.The personal data administrator in accordance with the Act on the Protection of Personal Information (Act of 29 August 1997 on the Protection of Personal Information, Journal of Laws No. 133, item 883 with subsequent amendments) is LOT Polish Airlines. Personal information is stored and processed by LOT Polish Airlines with the use of appropriate security measures, in compliance with the requirements of Polish Law.
2.In the instance of the use of the reservation system on the Internet Site, the User will be asked to provide defined personal information in the aim of properly making the reservation and issuing of the Electronic Ticket.
3.The User will express his or her consent for the processing of his or her personal information by the Personal Data Administrator. The User authorises LOT Polish Airlines to disclose this information to entities working with LOT Polish Airlines in the aim of fulfilling the requirements associated with the purchase of the Electronic Ticket.
4.By accepting the Regulations herein, the User confirms the accuracy of the personal information he or she has provided and in accordance with article 23 of the Act on the Protection of Personal Information of 29 August 1997.
5.The provision of information is voluntary, but necessary for the purchase of the Electronic Ticket. While the data is being processed, the persons whom that information concerns maintain the right to review the information and to correct it.
6.The User may express consent to receive information of a commercial and advertising nature from LOT Polish Airlines with a registered office in Warsaw at ul. 17 Stycznia 39, including information transferred by electronic means. This consent is given by the User by checking the appropriate option in the user profile creation form www.lot.com.
The User may at any time cancel the option of receipt of the abovementioned promotional information by deleting entirely their user profile.
7.The Service Provider is authorized to disclose confidential information concerning Users only in exceptional circumstances, where it is necessary for identification of, interrogation of, or the filing of charges against a User who has caused damage to the rights or property of LOT Polish Airlines, other users of the Internet Site, or other entities on whom these activities may have had an adverse effect. The User’s information that allow his or her identification may be disclosed by LOT Polish Airlines if the airline is required to in accordance with the absolute requirements of applicable laws.
6. RESERVATIONS AND TICKET PURCHASE
1.The proper conduct of the reservation process and the selection of proper itinerary details, along with complete provision of passenger information and acceptance of these terms are necessary conditions for the purchase of Electronic Tickets.
2.The placement and possession of an Electronic Ticket reservation on the Internet Site is synonymous with its purchase.
3.In the aim of completing the purchase of an Electronic Ticket, the User will choose a payment method from those available on the Internet Site:
a)“credit card” or
b)“bank transfer” (payment by bank transfer is available only in the Polish market).
4.If the default currency of the payment card is not the currency in which the price on the Electronic Ticket is given, the resulting currency conversion calculation and differences in bank exchange rates may result in a payment amount which differs from the price of the Electronic Ticket purchased in accordance with the applicable regulations at the bank from which payment is made.
5.If the price differs significantly from the amount expected, this could be a result of a lack of available seats in the cheapest economy classes.
6.Entry of erroneous credit card information will result in the rejection of the query by the system.
7.At the moment of placement of the reservation, the User states their consent for the system to charge his or her payment card.
8.LOT Polish Airlines reserves the right to refuse the performance of a purchase transaction in the case of a failure to approve the payment card through an appropriate authorization system, transaction-processing firm or bank.
9.Payment by bank transfer is performed automatically during the reservation and purchase process for the Electronic Ticket by connection with the site of the bank at which the User has an Internet account.
10.LOT Polish Airlines does not bear any responsibility for the cancellation of the User’s reservations caused by a delay in payment to LOT Polish Airlines.
11.Refund of Electronic Air Travel Tickets
a)The User has the right to return the Electronic Ticket purchased using the Internet Site under the condition that it occurs before the date indicated on the ticket as the departure date and if it is permitted by the fare used applied to the Electronic Air Travel Ticket. Selected promotional fares do not allow any changes to be made to the Electronic Ticket or for the return of Electronic Tickets to the issuer before the commencement of travel, due to which the decision not to travel will result in the complete forfeit of the price of the Electronic Air Travel Ticket.
b)The returned Electronic Ticket (with a note added stating “ticket return”) should be sent directly to the email address …..@lot.pl.
c)Depending of the form of payment used, the amount due to the User for the returned Electronic Ticket will be sent directly to the User’s bank account or to the payment card account of the User within 14 days of the date of receipt by LOT Polish Airlines of the message with the returned Electronic Ticket.
12. The return of Electronic Tickets always results in the forfeiture of the service charge.
7. REFUND CLAIMS
1.Refund claims concerning the purchase of Electronic Tickets may be reported to the email address: problemy_techniczne@lot.pl
2.Only refund claims submitted in the English and Polish languages will be processed.
3.Refund claims should contain the following information concerning the person making the claim: a) first and last name, s) physical address and correspondence address, d) the subject of the refund claim, e) a precise description of the service involved, f) a precise detailing of the grounds of the refund claim.
4.Refund claims containing incorrect or incomplete information as required above, as well as complaints containing inappropriate or insulting language will not be considered.
5.Refund claims will be processed by LOT Polish Airlines within seven working days from the day of their receipt.
6.The person who submitted the claim will receive information concerning the method of processing of the claim by the same method by which the claim was submitted, at the address given in the claim.
8. FINAL PROVISIONS
1.LOT Polish Airlines has the right to refuse the sale of an Electronic Ticket should the User violate the provisions of the Conditions.
2.LOT Polish Airlines reserves the right to unilaterally make changes to the contents of the Conditions.
3.In the case of situations not governed by the Conditions, the regulations of the Civil Code of 23 April 1964 (Journal of Laws No. 64.16.93 with subsequent amendments) and the Act of 2 March 2000 on the Protection of Certain Consumer Rights and the Liability for Damages Caused by Unsafe Products.
4.LOT Polish Airlines bears no responsibility for damage incurred on the part of the User resulting from the fact of the failure of travel to take place as a result of a strike by LOT Polish Airlines employees, airport employees, or force majeure.
5.All disputes associated with the services provided by electronic means by LOT Polish Airlines are considered to be in the jurisdiction of the courts appropriate to the registered main office of LOT Polish Airlines.
