Pursuant to Art. 8 Sec. 1 Ss. 1 of the electronic services act of 18 July 2002 (Dz. U. No. 144, item. 1204, as am.) the Operator establishes these rules for providing services by electronic means, hereinafter referred to as the Rules, and agrees to abide thereby.
The Reservation System Operator and the provider of distribution services and the sales of airline tickets booking and sale services is Polish Travel Quo Vadis Sp. z o.o. based in Warsaw 00-138, 2 Ptasia Street, National Court Register (KRS) No. 0000148731, TIN 526-021-13-86, holding the agency accreditation of the International Air Transport Association IATA number 63 2 1003 3, entered in the Central Register of Tourism Organizers and Tourist Agents on 22 Feb. 2000, registration number 1701 -14, hereinafter referred to as the Operator.
I. Definitions
Reservation System (the System)
A computer program that enables an online computer user to search, reserve and purchase airline tickets through a website.
User (the Reserving Party)
A natural person having legal capacity within the meaning of the Civil Code, who uses the Reservation System and buys services for Traveller.
Traveller (the Customer)
A natural person entitled to use the purchased services.
Form
A standard document available in an electronic version in the Reservation System available on the Website as the only method of booking, purchasing services, making changes, cancellations and service complaints.
II. General provisions
By using the Reservation System available on the website, the User accepts the conditions set out in these Rules and acknowledges that it has full capacity to enter into legally binding commitments and by accepting the conditions it takes on full liability for the use of the Reservation System.
The User undertakes to use the Reservation System for reservation queries and purchase of services in line with the applicable regulations of law.
You can use the Reservation System on your own behalf or on behalf of a third party. If the User uses the Reservation System on behalf of a third party it shall be presumed that the User holds a power of attorney valid under existing legislation and shall be fully liable for lacking the same or exceeding the powers. The User making a booking on behalf of third parties (Travellers) assumes responsibility for these people to meet the conditions of the Rules.
Making inquiries about the reservation and purchase of services while using false names or other people's names, as well as making payments using false or someone else's credit card without a valid power of attorney shall be prohibited.
According to Article 27 of the Act of 30 May 2014 on consumer rights, a consumer who has entered into a contract at a distance may, as a rule, wave the contract within 14 days for convenience and at no cost, with the exception of the costs referred to in Article 33, Art. 34 Sec. 2 and art. 35 of the Act. Under Art. 3.1 of the Act, its provisions do not apply to contracts for the carriage of persons and contracts for tourist events, referred to in the Act on tourist services of 29 August 1997 (Dz. U. of 2014, it. 196). Under Art. 38 Sec. 12 of the Act on consumer rights, the right to waive a contract concluded away from the contractor’s business premises or at a distance is not granted to the consumer in the case of, inter alia, contracts for the provision of accommodation other than for residential purpose, the carriage of goods, car rental, catering, recreational services , entertainment, sports or cultural events where the date or period of the service is fixed in the contract. Therefore, the customer is not entitled to waive a contract entered into for the services indicated above.
When making the purchase the passenger should possess the relevant valid documents required for them to travel, in particular a valid passport, visas or other documents required by the regulations of the countries to which they are travelling. The Operator is not obliged to provide information on the required documents.
III. Booking
The booking is made by filling and emailing the Form available in the Reservation System.
The User is fully liable for the consequences of providing incorrect or false data on the Form.
For reservations made in the System, the Operator does not guarantee that Hotels will grant points and/or discounts under any loyalty programs directly offered by them.
IV. Confirmation of reservation and conclusion of contract
The contract is considered to be successfully concluded after a Voucher is issued in the Reservation System and emailed to the address indicated on the Form.
You should verify all data contained in the received Voucher and report immediately to the Operator any discrepancies and errors.
The Reservation System includes services confirmed immediately on-line as well as services which require additional confirmation of their availability at the Hotel off-line.
In the case of a service which requires additional confirmation off-line, the reply is sent within maximum 2 working days to the email address provided on the Form by the Reserving Party.
Hotel reservation is guaranteed for the first night confirmed reservation. In the case of late cancellation or no-show reservation will be cancelled and the customer will be charged for cancellation in accordance with the offer.
V. Voucher
A document in electronic version issued by the Operator in the Reservation System evidencing the conclusion of a contract under the conditions specified in these Rules and in the detailed offer, which authorizes the person indicated in the document (the Traveller) to use the services purchased.
The Voucher is a personal document valid together with the identity document.
The Voucher includes: an individual, unique number, the Traveller’s name and the specification of services with purchase confirmation.
The Voucher is emailed to the address indicated on the Form and is also available on the Website in the User Login.
It is recommended that the Passenger has the printed Voucher or its image on their mobile device when using the purchased service.
VI. Service price
The price shown on the Form and the Voucher is the total price for the requested service including all its elements mentioned in the offer and including VAT. If an offer does not include breakfast or includes other additional services, such information is given in the offer description displayed in the Reservation System.
The price confirmed in the Voucher is final and can be modified only as a result of change of official fees, taxes or an increase in foreign exchange rates.
The price can not be increased in the 20-day period before the date of commencement of the services.
Fees for additional services such as parking, breakfast, internet access and other not mentioned in the Voucher will not be automatically added to the total price of the reservation and must be paid separately to the Hotel.
If additional services are ordered through the Operator, a margin of 10% will be added to the official price of the services ordered.
Any levies (resort tax, municipal tax, etc.) should be paid by the Customer directly to the Hotel.
Any fees for other additional services ordered without the Operator, e.g. additional accommodation, should be paid by the Customer directly to the Hotel.
VII. Method and terms of payment
The basic payment method is a non-cash payment by a credit or debit card and e-transfers.
If you pay by credit card, please provide all the required data: name of the card holder, type and number of the credit card, expiration date (month, year), CVV2 / CVC2 (the last 3 digits on the back of the card in the signature box).
By providing your credit card details you agree to charge your account up to the amount due for the services booked. A positive credit card authorization is tantamount to blocking the equivalent amount of money in your account.
Bearing in mind the various forms and ways of settlement of credit cards by banks, it may happen that your bank account will be charged in foreign currency. The Operator will not be liable for the costs of conversion of foreign currency into Polish zlotys or for the fees charged by your bank.
If (a) your credit card is rejected by the clearing system, (b) it is not possible to block the corresponding amount in your bank account, the Operator will contact you by phone or e-mail in order to clarify the situation or possibly establish another form of payment. The Operator is not responsible for any change in the availability of destinations and/or prices of the selected services associated with delay in payments for reasons attributable to the User.
The required amount, computed on the Form and blocked in the credit card account, will be charged to the card within 7 days from the date of booking but no later than before the commencement of services or before the date of the no-cost cancellation specified in the offer.
Where it is not possible to block the amount due for the purchase of services on the date as above, the transaction is ineffective which means the User has cancelled the contract.
In rare cases, each time after the Operator consents, it is possible to make payments by bank transfer or postal order. The User is obliged to make the payment and send the proof of payment by e-mail or by fax to (022) 322 85 44 or (022) 322 85 43. The prerequisite for the conclusion of a contract and issuing of the Voucher is the payment reaching the Operator’s account. If there is no payment the reservation is ineffective which means the User has cancelled the contract.
Payments shall be made by bank transfer or postal order to the Operator’s bank account with mBank, no. 07 1140 1010 0000 5467 0500 1001.
The authorization and settlement of transactions paid by credit card is made by means of a terminal on the Webpage through direct connection with the authorization company’s server using an encrypted 128-bit protocol. The transaction using credit card data is fully secure. The data needed to make the transaction are permanently encrypted and the Operator has no access to them.
Giving false information of a credit card (e.g. wrong number or expiry date) will result in rejection of the transaction. Using someone else's credit card is a crime against property and subject to prosecution.
VIII. Invoicing of services
The operator is obliged to issue a VAT invoice immediately upon receiving the payment and no later than on the 15th day of the month following the month in which the Voucher was issued or the payment was received.
For those who do not run a business, the Operator is obliged to issue a VAT invoice on demand only.
If the Customer has failed to provide the necessary data for the invoice, the Operator will assume that the reservation was made by a natural person who does not conduct a business and did not request a VAT invoice.
The invoice will be sent in an electronic form referred to in the Regulation of the Minister of Finance, dated 17.12.2010, on the transmission of invoices in an electronic form, the rules and procedures of their storage and the procedures for making the invoices available to the tax authority or fiscal inspection authority (Dz. U. of 2010, no. 249, it. 1661).
The customer agrees to receive invoices in an electronic form referred to in Sec. 3. 1 of the Regulation of the Minister of Finance dated 17.12.2010, on the transmission of invoices in an electronic form, the rules and procedures of their storage and the procedures for making the invoices available to the tax authority or fiscal inspection authority (Dz. U. of 2010, no. 249, it. 1661).
Invoices will be delivered in the PDF format to the email address indicated in the Reservation System Form and will be available after logging onto the Website.
Paper invoices will be available on demand at the Operator’s headquarters.
IX. Complaints about Reservation System and Operator
Any complaints about the operation of the Reservation System, the Website and the Operator regarding the reservations made, the Vouchers issued, offer inconsistency and the quality of services provided by the Operator shall be submitted in writing on the Form available on the Website or filed directly at the Operator’s headquarters within 30 days of the event complained about. You can submit a complaint later even if you did not meet the deadline through your own fault. In this case, you should file a complaint as soon as you can. The Operator will confirm to you that they have received the complaint.
The complaint should contain at least the following information: the System User designation, i.e. name, residence address (you may also include your e-mail address and telephone number to facilitate contact with you), the number or other designation of the reservation complained about and a detailed description of the fact or service which is the subject of the complaint together with any attachments documenting the facts alleged by you.
The Operator will consider the filed complaints within 30 working days after the date of confirmation of receipt of the complaint.
If the complaint is about improper accommodation service provided by the Hotel, the Operator will pass the complaint on to the Hotel.
X. Operator’s responsibilities
The Operator is responsible, on the general principles, for damages caused in connection with the faults, defects and interruptions in the functioning of the Reservation System.
The Operator stipulates that the Reservation System can be used exclusively at the cost and risk of the User. The Operator grants no guarantee that the use will be without faults, defects, interruptions or failure of connection to the Reservation System and that the result of any search on the Internet meets the User’s expectations as to the substantive content, accuracy or usefulness of the information obtained.
The Operator is not responsible for lack of access to the Reservation System caused by reasons beyond the Operator’s control (e.g. for security reasons or any other causes beyond the Operator’s control).
The Operator has the right to temporarily suspend access to the Reservation System for a period necessary to eliminate any hazards or irregularities.
The Operator must immediately notify the User if the implementation of the purchased services is impossible.
If implementation of a purchased service turns out to be impossible for reasons beyond the Operator’s control, the Operator undertakes to perform an alternative service to a standard not lower and on the date that was specified in the travel documents.
In the above mentioned case you should immediately notify the Operator if you accept the proposed change or waive the contract against the immediate reimbursement of all the prepayments made. The reimbursement will be made in the form in which the payment was made: by a bank transfer, postal order or credit card.
You may agree to an alternative service of a lower standard and receive a refund of the difference in price.
Without the Operator’s consent, you may transfer to another Traveller the rights to use the purchased services if, at the same time, the other Traveller assumes all the obligations arising from the contract. The transfer of the rights and responsibilities will be effective against the Operator if you notify them about it before the cancellation deadline which is in line with these Rules and the terms of the offer.
The Operator’s liability for failure to perform or improper performance of the contract shall be limited to double the price of the service with respect to each Traveller. This limitation does not apply to personal injury.
The Operator is not liable for failure to perform or improper performance of the contract caused by the Customer’s action or negligence, the action or negligence of third parties which do not take part in the execution of services provided for in the contract if such action or negligence could not have been foreseen or avoided, i.e. force majeure.
The exclusion of liability referred to in sec. 11 does not relieve the Operator from the obligation to provide support to an injured Customer during the course of the service.
The Operator hereby confirms that they have entered into an insurance contract of a Tourism Organizer in accordance with applicable regulations and a third-party liability insurance contract for their business.
XI. Personal data protection
The operator fully respects the Users’ right to privacy and personal data security and hereby declares that they do not provide information about Users to third parties for purposes other than the implementation of the services purchased by Users. When using the Reservation System, the Users will be asked to provide certain personal data necessary for the proper reservation and implementation of the purchased services. Due to the nature of the services consisting in reservation queries and the purchase of services, the information containing a/o the name and, in the case of children, youth and seniors also the age, may be transferred directly into the reservation systems of airlines or an insurer.
By accepting these Rules you confirm the accuracy of your personal data and, in accordance with Article 23 of the Law on Personal Data Protection of 29.08.1997, you agree to the storage and processing of your data in the Operator's database. The data will be processed solely for the purpose of implementation of the purchased services and to facilitate further reservations in accordance with the provisions of the Act of 29.08.1997 on the protection of personal data.
The Users and Passengers have the right to inspect, update and remove their personal data.
XII. Final Provisions
The provisions of these Rules shall be construed in accordance with Polish law; any disputes that may arise from application thereof shall be resolved under Polish law.
Issues not covered by these Rules shall be governed by the Civil Code.
The competent court to settle disputes that may arise from the application of these Rules shall be the locally and materially competent common court of law.
These Rules have been developed in the Polish language and then translated into English. In the event of discrepancies between the two language versions, the Polish text shall be conclusive.
The Operator reserves the right to unilaterally make changes to these Rules at any time for important reasons.
These Rules shall be binding as of 19 September 2016 until further notice.