Terms and Conditions
- The system is operated by eSky.pl Spółka Akcyjna, with its registered office in Radom, 8 Jagielloński Square, registered in the XIV Commercial Division of the National Court Register kept by District Court for the Capital City of Warsaw, under the reference number 0000383663, VAT identification number: 9481987199, REGON 670140736, share capital 990 471 PLN paid in full, which provides Users only with booking and information services, hereinafter referred to as eSky.
- In determined situations indicated within transaction process the services might be provided by eSky’s related company i.e. SC eSky Travel Search SRL (eSky Travel Search) based in Bucharest, Calea Vacaresti, no. 391, Sun Plaza office building, Entrance B, 3rd floor, postal code 040069, sector 4. , which will be confirmed in the documents of User’s customized services.
- Using the Booking System and Call Centre services (at telephone numbers available on the www.esky.com website) requires accepting all the following provisions of these Terms and Conditions. Acceptance constitutes a declaration of intent and creates legal obligations between the User and eSky.
- The User is entitled to copying, reproducing and saving the content of these Terms and Conditions free of charge, without the right to its commercial distribution.
The terms listed below will have the following meanings:
- The Booking System available via the www.esky.com website and via Call Centre – an application allowing the User to:
- search and order domestic and international flights between any two cities, price these flights and book flight tickets,
- price and buy travel insurance,
- use hotel services in any city (both inland and abroad) and at any time with the possibility to price and book these services (hotel reservation),
- use transfer services to and from the airport,
- use SightSeeing Tours services and alike in any city available in the offer via eSky,
- search and book tourist events organized by particular tour operators,
- customize suggestions for the services listed in points a-f thanks to a geolocation based User Information System (by identifying a computer's IP address and its browsing data).
- User – a person using the Booking System or Call Centre services. The User can also be referred to as Client, Recipient or Passenger.
- "Low - Cost" Airlines - airlines listed in point II of the Terms and Conditions of Flight Tickets. ATTENTION! "Low - Cost" Airlines ARE NOT SUBJECT TO the general IATA-regulated conditions of carriage. Each airline is subject to its own terms and conditions mentioned in point II of the Terms and Conditions of Flight Tickets. Separate terms of service apply also to the services offered by tour operators and to charter flights, which are always made known to the User, who ought to read them before making a reservation.
- Electronic payment instrument – each payment instrument, including those with remote access to funds, enabling its owner to make payment operations with an electronic data storage device or an electronic identification of the owner necessary to complete a transaction, particularly, digital currency or a payment card.
- Payment card – a card identifying its issuer and an authorized owner entitling to make payments; in case of a payment card issued by a bank or another institution legally authorized to grant loans, it also entitles to draw on a credit limit, within the meaning of Article 4 (1) (4) of the Banking Law Act of 29 August 1997 (Journal of Laws of 2012, items 1376, 1385, 1529, Journal of Laws of 2013, items 777, 1036, 1289, 1567 as amended).
- The Booking System available via the www.esky.com website and via Call Centre – an application allowing the User to:
- The following document specifies the terms which constitute the legal basis for the use of the Booking System and Call Centre services.
- Each User shall comply with these Terms and Conditions the moment they undertake actions with the aim to use the Booking System.
- Reservation and purchase of each particular product offered by a third party via the Booking System is an individual transaction and is subject to terms specified by that entity. The purchase of each product is subject to the special conditions set out in chapters VII-XI of these Terms and Conditions.
USER’S LIABILITY FOR THE USE OF THE BOOKING SYSTEM
- The User confirms that they have got the full capacity to perform legal actions and enter into legally binding commitments.
- The User assures that he shall use the Booking System to search for reservations, purchase flight tickets and make reservations and purchase other available services listed in these Terms and Conditions, as well as other services on offer, exclusively in accordance with existing laws, refraining from all illegal activities.
- The User is forbidden from making booking inquiries under a fake or someone else's name and pay for booked tickets or other purchased services with a fake or someone else’s payment card without the consent of the owner. Any such actions will be immediately reported to appropriate enforcement authorities.
LIMITATION OF LIABILITY
- eSky informs that once search results are displayed, other offers with a similar service provided by a third party, different from the previously displayed, may show up in the System or in other ticket and service reservation search systems. Receiving a search result, unless it is immediately confirmed by making and paying for a reservation in the Booking System, does not entitle the Client to lay a claim against the intermediary to conclude the contract for the purchase of tickets or other services offered by third-party entities ordered through the Booking System.
PROTECTION OF PERSONAL DATA
All matters regarding User’s personal data security and all other users of the www.esky.com website are governed by the privacy policies made available at https://www.esky.com/privacy-policy
BOOKING FLIGHTS, PURCHASING FLIGHT TICKETS, PAYMENT METHODS, AND AIR TICKET DELIVERY
MAKING INQUIRIES AND BOOKINGS OF HOTEL SERVICES, METHODS OF PAYMENT
MAKING INQUIRIES AND PURCHASING TRAVEL INSURANCE
CAR RENTAL TERMS AND CONDITIONS
ISSUING AND DELIVERING INVOICES
- For services purchased at eSky via the www.esky.com website or via Call Center services, the Client will receive an electronic invoice. By making the payment and accepting these Terms and Conditions, the User agrees to receive electronic invoices within the meaning of Article 2 par. 32 according to Article 106 (1) of the Act on VAT of 11 March 2004 (Journal of Laws of 2011, No. 177, item 1054 as amended).
- Electronic invoices for the services shall be delivered to the email address provided in the personal questionnaire in the Booking System or during the purchase through the Call Center.
- In the case of booking services for more than one User and in case the buyer to which the invoice should be issued is not indicated, the invoice will be issued to the first User stated in the collective reservation and delivered to the email address provided during the reservation process.
- The terms and conditions for individual services may specify special conditions of invoicing.
- Complaints regarding bookings and the purchase of flight tickets or other travel services shall be made in writing and sent to the eSky’s office address at Murckowska 14a Street, 40-265 Katowice, Poland or via e-mail to the email address: email@example.com. eSky will confirm receiving the complaint with the Client and respond to it within 21 days from its receipt or at a different time defined by the tour operator or another service provider.
- If the complaint concerns services provided by other entities, eSky will inform the User about this fact and advise how to bring a complaint against this party or will make such a complaint on behalf of and in consultation with the User if the complaint description provided to eSky is complete enough to enable making a complaint against the service provider. In case it is impossible to get in touch with the User, e.g. when they do not arrive at the airport, eSky may itself take action in the best interest of the User.
POLICY OF WITHDRAWAL FROM THE AGREEMENT
- This policy specifies the principles for withdrawing from the contract entered into by the User using the Booking System or Call Centre within the meaning of the Regulations of eSky.pl SA. (www.esky.com/regulations), hereinafter referred to as the Regulations, which are referred to in Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827), hereinafter referred to as the Act.
- Under Article 38(1) of the Act, the User is not entitled to withdraw from a distance contract if an entrepreneur has fully performed a given service with the express consent of a consumer who has been informed before the commencement of the service provision that after its provision s/he loses the right to withdraw from a contract.
- In view of the above, prior to the commencement of the provision of the services specified in the Regulations, eSky.pl SA informs that the User who has concluded a distant contract for the provision of these services is not entitled to withdraw from the contract without giving reasons and bearing costs within 14 days after concluding the contract due to the full provision of the services by eSky.pl SA in a form of third-party service reservation (at the explicit request of the User). In such a situation, a handling fee is not reimbursable. If entities providing services allow for reimbursement of a part or entire value of their services in case of withdrawal from a contract, then a consumer shall be notified of this fact.
- eSky reserves the right to make one-sided changes in the content of these Terms and Conditions, in compliance with the rule that the Client is bound by the Terms and Conditions accepted during the booking process and that Client may get access to archival versions of the Terms and Conditions. Each Client is obliged to read these Terms and Conditions before making a reservation and each time is bound by the provisions of the Terms and Conditions since the moment of making a reservation and purchasing flight tickets or other travel services.
- Regarding all matters not settled in these Terms and Conditions, the provisions of the Civil Code and the Consumer Rights Act of 30 March 2014 shall apply. It shall be emphasized that the service provided by eSky consists in performing factual acts connected to ordering third-party services by the User and, as a result, the service ends once a reservation is confirmed – return or withdrawal from the agreement is possible only if the party providing the service explicitly acknowledged such a possibility. Regarding consumer disputes, there is a possibility to use the European ODR platform (online dispute resolution), which will be available at http://ec.europa.eu/consumers/odr/.
- eSKY.pl shall not be liable for the damages caused by the Client or incurred if the journey does not take place due to a strike of airline employees, employees of the airports, railway employees, as well as hotel staff and other providers responsible for other services listed in these Terms and Conditions or incurred as a result of force majeure, as eSky is merely an entity providing access to the Booking System, not a service provider nor an advisor suggesting the choice of particular offers made by third parties.
- In order to prevent unauthorized use of credit card, eSky reserves the right to make additional verifications to confirm details of the rightful holder of the credit card or that the credit card holder has given his accept to pay the amount due for the booking.
- If, as part of the transaction process, circumstances requiring application of the provisions of the Directive (EU) 2015/2302 regarding linked travel arrangement will arise, then the entity responsible for implementation of such service will pay relevant contributions to the competent bodies and provide information in an appropriate manner about such payment as well as any obligations arising from such service to the User.