eSky.com

Terms and conditions

Following terms used below in this Terms and Conditions shall have the following meaning:

eSKY.pl does not grant any guarantee that the use of System will proceed without faults, errors, breaks or without possibility of disconnection with the System and that the results of search will satisfy the User with regard to the merit of their content, their accuracy or usefulness of received information. Moreover eSKY.pl does not guarantee that at the moment next after receiving the search results, other offers will not occur in the System or in other flight tickets reservation systems than those previously searched by the System, nor will such guarantee be applicable to the past. Receiving search results unless immediately confirmed and paid shall not imply any claim of the Client to execute an agency agreement for the sale of flight tickets or other services with the parties providing services offered through the Reservation System.

Some promotional tariffs available in the Reservation System have strictly defined conditions of making reservations and issuing flight tickets. It refers in particular to tariffs which shall be booked and purchased at least 3, 7 or 14 days in advance. Not complying with these conditions may result in price change of the User’s reservation. eSKY.pl reserves the right to cancel reservation of the User made 3, 7 or 14 days before the departure date in case if the purchase time limit defined in the tariff conditions provided by the Carrier is excessed by the User. The airline may request prior issuance of the ticket. In such an event the User will be informed about the requested purchase date via e-mail at the provided email address.

TRAVEL CONDITIONS OF INDIVIDUAL IATA AND “LOW COST”AIRLINES

GENERAL INFORMATION
1. This Terms and Conditions regulate terms of use of the “Reservation system” of third parties’ services available on www.esky.com website and via Call Center and terms of providing marketing content on the website dedicated to users according to their location and network traffic analysis.
2. System is operated by eSKY.pl Spółka Akcyjna, with its registered office in Radom, 8 Jagielloński sq , registered in the National Court Register kept by District Court for the Capital City of Warsaw, XIV Commercial Division, under the reference number 0000383663, VAT Number: 9481987199, REGON 670140736, share capital 990 405,10 PLN paid in full, hereinafter referred to as eSKY.pl.
3. In order to use Reservation System and Call Center services (at telephone numbers available on www.esky.com website) it is obligatory to accept all below provisions of the Terms and Conditions. Acceptance constitutes a declaration of intent and results in legal obligations between the User and eSKY.pl.
4. The User has right to copy, regenerate and record content of this Terms and Conditions free of charge, without the right to its commercial use.
DEFINITIONS
1. Reservation System - system available on www.esky.com website and via Call Center, enabling the User searching and ordering defined in the Terms and Conditions services of third parties.
2. User – a person using the Reservation System or Call Center. User can also be referred to as Client, Recipient, Passenger.
3. ”Low – Cost” airlines – airlines listed in the Terms and Conditions, which ARE NOT subject to general IATA conditions. Each such airline is subject to its own terms and conditions. Separate terms of service apply also to the services offered by tour operators / charter flights and other services, which may be introduced. The User is informed about this terms of service and shall read them before making reservation.
4. Electronic payment instrument – each payment instrument, including the one with access to cash from distance, enabling its owner to make payment operations via electronic information medium or through electronic identification of the owner, including electronic cash or payment/credit card.
5. Payment card – a card identifying its issuer and an authorized owner, entitling to make payments, and in case of a payment card issued by a bank or other institution legally authorized to grant credits – also to make payment with the use of credit.
GENERAL PROVISIONS
1. Each User shall comply with this Terms and Conditions while using the Reservation System.
2. Reservation and purchase of each particular product offered by third parties through the Reservation System is a separate transaction and is subject to terms set out by this parties. Purchase of each product is subject to the special conditions set out in the Terms and Conditions.
USER’S LIABILITY FOR THE USE OF RESERVATION SYSTEM
1. The User confirms that has got full capacity to perform acts in law and contract legally binding commitments.
2. The User agrees to use Reservation System to search for reservations, purchase flight tickets and make reservations and purchase other available services through the System exclusively in accordance with the binding law.
3. It is not allowed to make reservations using false or somebody’s else surname or make payments for booked flight tickets or other services with false or somebody’s else payment card without the permission of its owner. Such actions will be immediately reported to the respective enforcement authorities. In the event of payment with the payment card of a third party Client confirms that has a permission of this party and if such permission is withdrew is obliged to compensate for the accrued loss.
LIMITATION OF LIABILITY
PERSONAL DATA PROTECTION
1. eSKY.pl as the administrator of personal data fully respects privacy and User’s personal data protection rights and herby represents that does not disclose information about Users to third parties unless it is necessary for proper performance of transaction made by the User by choosing an offer thorough the Reservation System.
2. While using Reservation System available on www.esky.com website Users may be asked to provide specific personal data, necessary for booking and issuing a flight ticket or other travel document. Regarding the nature of the service which is searching for reservation and purchase of flight tickets or other travel services, information including name, surname, sex or in case of children, youth or seniors - age, is transferred directly to the reservation system of the respective airline operating chosen by the User flight or to other respective operators in case of purchasing other services. The User of the System agrees on personal data to be transferred and processed by this entities for the purpose of providing services. Personal data required for reservation of individual service are adequately indicated during the reservation process. The User has right to access and amend content of his own personal data.
3. While searching for reservation, purchasing flight ticket or making reservation of other available on the website services the User provides information about himself and about other persons with their consent. Information collected in eSKY.pl’s data base serves exclusively for eSKY.pl’s internal use and enables analysis of orders and demand of the Clients i.e. processing of ordered service.
4. By accepting this Terms and Conditions the User confirms that personal data that he furnished are true according the Article 23 of Personal Data Protection Act of 29 August 1997 (Journal of Law from 2001, No. 101, item 926 as amended).
MAKING RESERVATION OF FLIGHTS, PURCHASE OF FLIGHT TICKETS, PAYMENT METHODS AND DELIVERY OF FLIGHT TICKETS
1. In case of airlines which are members of IATA (International Air Transport Association) eSKY.pl acts as an agent of those airlines , and respective airlines, for and on behalf of which acts eSKY.pl, perform services for the User and shall be liable for non-performance or improper performance of the flights. The name of the respective airline is each time indicated during the reservation process and also on the flight ticket delivered to the User.
2. In case of low-cost airlines eSKY.pl acts as an intermediary proceeding actual transaction of ticket purchase directly at those airlines, on behalf of the User and strictly according to the User’s order placed through the Reservation System or via Call Center. Performance of the service and processing complaints is subject to the general terms of the respective carriers indicated during the transaction process.
3. In case of charter flights organized by tour operator eSKY.pl acts as an agent and makes available conditions set out by the organizer of the flight. The organizer of the flight shall be liable for non-performance or improper performance of the charter flight service.
4. The party of transport agreement providing air transport service which constitutes the subject of the agreement is each time specifically indicated and defined in the offer. Agreement mentioned above is concluded and performed through the eSKY.pl website based on general conditions of the respective carrier and according to the air fares of this carrier.
5. The User makes reservation by choosing one of the suggested by the System options of flight connections and by filling in necessary data in the personal data form.
6. Confirmation of order and change of price:
  1. The User receives confirmation of order at the provided e-mail address which beside reservation number includes information about chosen flight connection, total price of the flight ticket and the method of payment. The price of the ticket is denominated in EUR or other currency chosen in the order. The price includes in particular: net tariff, airport charge, non-refundable transaction fee for the issuance of the ticket. Until the payment for preliminary made reservation is received by eSKY.pl, the price of the ticket is not guaranteed. The service is purchased on behalf of the Client at the Carrier at the price available in the Reservation System at the moment of receipt of the payment.
  2. Before making the payment the User shall check reservation data.
7. Purchase of flight ticket
  1. The User can purchase flight ticket providing that all personal data he entered into the Reservation System are true. Before purchasing flight ticket the User shall read and accept this Terms and Conditions and read tariff terms and conditions referring to the chosen by the User flight connection. For operations connected with the issuance of the ticket eSKY.pl will charge non-refundable transaction fee in amount defined with respect to the particular flight. At the same time eSKY.pl draws attention to the fact that in case of air transport service, withdrawal from the agreement is limited and depends on the tariff of the ticket as right to withdraw from the contract does not apply according to Art. 3, item 1, point 4 of Consumer Rights Act of 30 May 2014.
  2. Understanding the conditions of the tariff will help the User choose the most price profitable flight connection and also will help to minimize costs in case of cancellation of the ticket.
  3. If the price differs considerably from the expected price, it can be connected with the fact that the economic seats are fully booked. In that event please check the prices available on the neighboring dates of departure and return.
  4. After receiving reservation order eSKY.pl may contact the User in order to verify User’s data and to confirm the offer. If it is impossible to contact the User, eSKY.pl completes the reservation according to the order after receiving the payment in amount covering at least the price of the ticket, associated additional services requested by the User and the transaction fee.
  5. If the trip requires extra service (e.g. special meal, calculation of points in frequent flyer program, flight with an animal, excess luggage, assistance for disabled passenger, baby’s accessories or other) please contact us via telephone or via e-mail. Passenger’s requests are considered by the airlines if possible.
  6. eSKY.pl reserves the right to refuse to issue a ticket in case if the tariff chosen by the User does not comply with its purpose according to the sale conditions within the offer or there are other justified limitations in the agreements between the airlines over which eSKY.pl has no control. Non-compliance of the tariff with its purpose refers above all but not exclusively to false statements of the User regarding credits, age etc. affecting ticket price or to infringement of other tariff terms defined by the Carrier over which eSKY.pl has no control. The User is informed about the tariff terms during reservation process and shall read them before making reservation.
8. Methods of payment:
  1. There are accepted following payment methods for purchased flight tickets on www.esky.com website:
    - Payment with electronic payment instrument.
  2. The choice of preferred payment method is made by the User in personal data form in the Reservation System.
  3. Payment for „Low Cost” tickets purchased on-line can be made solely with the electronic payment instrument – the payment shall be made immediately, due to the possibility that the price will be changed by the airline .
  4. Attention! Airlines may limit possibility to issue tickets up to 72h from the reservation date or up to 24h or less in case of particular tickets with special tariffs. If eSKY.pl does not receive payment in the term and in the amount enabling purchase of the ticket within limitations defined by the airlines User’s reservation can be cancelled. eSKY.pl is not liable for cancellation of User’s reservations caused by the delayed payments made after term indicated in this Terms and Conditions and individual information provided to the User. Considering frequent changes of prices in time eSKY.pl recommends to choose payment with payment card during reservation process.
  5. Payment with electronic payment instrument:
    - The User of on-line flight ticket Reservation System can make payment using VISA, Euro card, MasterCard, Diners Club, American Express payment cards or other payment instrument referred to in Payment Service Act (Journal of Law from 2011, No. 199, item 1175 as amended)
    - Purchase transaction with the use of electronic payment instrument is safe.
    - By choosing „payment card” as payment method the User shall fill in in personal data form fields defining data of used payment card (such as: card type, card number and validity date). After reservation is made, payment card is automatically authorized by the Reservation System.
    - Payment card charge is made in two transactions. The amount of the ticket price net plus airport charges is charged by the airline. The amount of transaction fee is charged by eSKY.pl. eSKY.pl reserves the right to charge the amount due in one charge.
9. eSKY.pl issues tickets for Users in the electronic form, and delivers them to the email addresses indicated in personal data form in the Reservation System or provided during the purchase process via Call Center.
10. Cancellation of reservation by fault of the Carrier:
  1. eSKY.pl shall not be liable for changes in Users’ reservations and cancellations of those reservations made by the airlines without eSKY.pl’s involvement. Information about possible changes in reservation of the User are sent by the eSKY.pl to the email address provided in the personal data form or is passed over via phone on provided telephone number.
  2. All claims resulting from cancellations or changes made by the airlines including delays of the flights, shall be addressed to the respective airlines. Airlines liability is recognized according to the conditions of Warsaw Convention and Montreal Convention.
11. Return of the flight ticket:
  1. The User has right to return the flight ticket purchased on www.esky.com website if the return is made before the date defined as the departure date and if it is allowed according to the flight ticket tariff which conditions are set by the airline and which the User shall read before making flight ticket purchase. By the return of the ticket the penalty fee is charged in the amount defined by the airline. In case of disagreement between the parties indicated as passengers regarding return of the ticket, the declaration of intent of the party making the payment shall prevail unless by making reservation parties making the payment within one reservation were clearly indicated. The transaction fee is non-refundable for it is charged for the service already provided.
  2. Some promotional tariffs do not allow any changes in the flight ticket nor its return to the service provider (resignation from the flight results in loosing total payment made for the flight ticket).
  3. In order to return electronic ticket the User shall contact Call Center.
  4. Depending on the payment method return of the amount due to the User for the returned flight ticket is made directly to the bank account of the User or to the account of the payment card within 7 days from the date the amount due from the airline is received by eSKY.pl. The return date is considered to be the date when money is debited form eSKY.pl’s bank account.
12. Promotional tariffs – limitation of liability:
ISSUANCE AND DELIVERY OF FLIGHT TICKETS
1. For services purchased at eSKY.pl via www.esky.com website or via Call Center Client receives an electronic invoice. By making payment and accepting this Terms and Conditions – the User agrees to receive electronic invoices according to the Art. 106, section 1 of the Act on VAT of 11 March 2004 (Journal of Law from 2011, No. 144, item 1054 as amended).
2. Electronic invoice for the services shall be delivered to the email address provided in the personal data form in the Reservation System or via Call Center.
3. In case of making reservation of service 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 of collective reservation and delivered to the email address provided during reservation process.
COMPLAINTS
1. Complaints regarding reservations and purchase of flight tickets and other travel services shall be made in writing and addressed to the eSKY.pl’s office address at Pl. Jagielloński 8, 26-600 Radom or via e-mail to the email address: complaints@esky.com. eSKY.pl shall contact Client regarding the receipt and result of the complaint within 21 days from its receipt or in the term defined by the tour operator or other service provider.
2. eSKY.pl informs that if the complaint concerns services provided by other parties, eSKY.pl will inform User about this fact and advice possibility to make a complaint at this party or will make such a complaint on behalf and in agreement with the User if the complaint description provided to eSKY.pl is complete enough to enable such a complaint at the service provider.
FINAL PROVISIONS
1. eSKY.pl reserves the right to make changes in content of the Terms and Conditions at its sole discretion, in compliance with the rule that the Client is bound by the Terms and Conditions accepted during reservation process and that Client may access archival versions of the Terms and Conditions. Each Client shall read Terms and Conditions before making reservation and is bound by the provisions of Terms and Conditions from the date of making reservation and purchase of flight ticket and other travel services.
2. To all matters not settled in this Terms and Conditions provisions of Civil Code and Consumer Rights Act of 30 March 2014 shall apply. It shall be considered that eSKY.pl provides service of actual transaction referring to ordering by the User services of other parties. Return or withdrawal from the agreement is possible only if the party providing the service clearly stated such possibility. Technical services which purpose is to provide service for the clients are provided on the territory of Poland.
3. eSKY.pl shall not be liable for Client’s damages incurred if journey is not made due to the strike of airline employees, employees of the airports, or in case of other services: strike of railway employees, hotel staff etc. or incurred as a result of force majeure as eSKY.pl is not a service provider nor advisor suggesting choice of any of the offers but acts as a party making available Reservation System.

Hotels reservation

Hotels Reservation – terms and conditions (1.0)

GENERAL REGULATIONS
1. eSky.com is not a party to a contract for the provision of hotel services and other related agreements, concluded through the Reservation System, for it is always a service provider specifically indicated by the offer, providing services covered by the agreement. The foregoing agreements concluded through eSky.com website, are entered into and implemented on the basis of general conditions of individual service providers. All data in the offer presented on www.eSky.com are based on data provided directly by the hotel providers. To reservations of hotel services provided by EXPEDIA applies conditions from the order and rules from the Terms & Conditions - http://developer.ean.com/terms/en/
2. Following terms used below in this Terms and Conditions shall have the following meaning:
  1. Provider - hotel service provider or provider of any other related services that offers services described in detail in each individual offer through www.eSky.com or other cooperating with eSky.com entities’ websites.
  2. Hotel services - temporary and generally available rental houses, apartments, room, beds and also places to set up tents or trailers and providing any other related services within the facility
3. Subject Matter
  This Regulations governs the rules of facilitating hotel services offered by third parties and available on www.eSky.com, to the Users.
4. eSky.com provides:
  1. direct access to both the facilities inside the country and abroad that are offered by hotel providers,
  2. ability to make use of packages that are freely and individually configurable by the Users
POSSIBLE OPTIONS OF HOTEL RESERVATIONS
1. Depending on the provider’s offer, following rules of reservations and payment for hotel services can be specified:
  1. making a reservation of hotel service via Reservation System and, at the same time, making due payment on the date stated in the offer of a facility directly on the provider’s account - lack of payment dot eSky.com
  2. making a reservation of hotel service via Reservation System and, at the same time, making due payment on the date stated in the offer, on eSky.com account.
2. Due to the ability to verify the accuracy of data and secure of payment for a reservation, the following can be specified:
  1. non-guaranteed reservation that has not been paid by the User
  2. guaranteed reservation that has been paid by the User or the User data has been positively verified on the conditions set forth in these Regulations.
MAKING HOTEL SERVICES INQUIRIES AND RESERVATION
1. Reservation inquiry
  The User makes reservation inquiry by choosing one of the available options - options - electronic Reservation System on www.eSky.com, websites owned by entities cooperating with eSky.com or contact with Call Center and by filling in necessary data in the personal data form.
2. Confirmation of order and price:
  1. The User receives confirmation of order at the provided e-mail address which comprises inquiry, reservation number, information about chosen hotel service, total price of the service and the method of payment.
  2. Completing a reservation by the User is an obligation to use that hotel service.
  3. The price of hotel service is denominated in PLN or other currency chosen in the order. The price includes in particular: net tariff, additional fees, final cleaning and other charges specified in the reservation.
  4. Until the payment for preliminary made reservation is received by eSky.com (according to the regulations of a given reservation), the price of the ticket is not guaranteed, due to the conditions set forth by Hotel Providers.
  5. Before making the payment the User shall check all the data contained in the received confirmation.
3. Purchase of hotel service
  1. The User can purchase a hotel service providing that all personal data he entered into the Reservation System are true. Before the purchase, User shall read and accept this Terms and Conditions and read reservation terms and conditions regarding the chosen facility.
  2. Following the reservation conditions, the User will be able to choose the most price profitable service and also minimize costs in case of cancellation of the reservation.
  3. After receiving reservation order, eSky.com may contact the User in order to verify User’s data and to confirm the offer. If it is impossible to contact the User, eSky.com doesn not hold the responsibility for effective confirmation of the reservation by the provider, according to the declaration, unless a guaranteed reservation was made, within the meaning of these Terms and Conditions.
  4. Each reservation is passed to a proper Provider by eSky.com on behalf of the User, and it is considered a declaration of order.
  5. Hotel reserves the right to cancel reservation in case the Customer did not check in on the date of commencment of the service in the facility offering that service. The time and conditions of such cancellation are indicated in the conditions of reservation of the facility offering given service.
4. Confirmation of reservation
  A confirmation of the booking („hotel voucher”) together with the confirmation of possibly required payment, received on User’s e-mail address and printed by the User is considered to be a hotel service order.
5. Promotional fare for hotel services provided by EXPEDIA
  In the case of airline tickets purchased via the Reservation System User can purchase within a tariff promotional hotel service with restriction that the period of residence and the country of residence for roundtrip tickets is included in the period between arrival and departure, and in the case of one-way tickets is contained within 14 days from the day of arrival. In the case of non-specified conditions or a lack of available services offer Expedia - promotional fare does not apply.
METHODS OF PAYMENT
1. Methods od payment:
  1. If a payment for a service is required to be paid before arrival to the facility, dirctly on the provider’s account, the offer includes detailed data necessary to make applicable fees.
  2. If a payment for a service is required to be paid for eSky.com before arrival to the facility, following payment methods for hotel services are accepted:
    - payment with electronic payment instrument,
    - bank transfer,
    - cash deposit,
    - payment through a national payment institution which offer was made available by eSky.com on its website and on terms stipulated by this institution
  3. The choice of preferred payment method is made by the User in personal data form in the Reservation System, where:
    - Bank transfer can be solely made for the facilities (objects) reserved via www.eSky.com. Choosing “bank transfer” as payment method, User is obliged to make due payment for reserved service within 24 hours from booking time.
    - Bank tansfers and cash deposits are to be transfered on the following bank account:
      eSky.pl S.A.
      pl. Jagielloński 8, 26-600 Radom
      Bank PKO BP SA
      Account no.: 66 1020 4317 0000 5102 0136 7614.
    - User’s name as well as reservation number have to be stated on the transfer.
    - Payment with electronic payment instrument.
      The User of on-line Reservation System can make payment using VISA, Eurocard, MasterCard, Diners Club, American Express payment cards or other payment instrument referred to in Payment Service Act (Journal of Law from 2011, No. 199, item 1175 as amended)
  4. Purchase transaction with the use of electronic payment instrument is safe.
  5. By choosing „payment card” as payment method the User shall fill in Reservation System’s personal data form fields defining data of used payment card (such as: card type, card numer, validity date, CVV/CVC code). After reservation is made, payment card is automatically authorized by the eSky.com Reservation System and then charged with the due amount of purchased services (this applies only to the reservations paid for eSky.com).
  6. Attention! Giving incorrect data of payment card (such as card number or validity dage) results in rejection of the inquiry by the Reservation System.
  7. After making payment (charge on payment card, money transfer, cash deposit) and its entering in the books, system will automatically create and transfer a voucher confirmin purchase of hotel service onto chosen by the User e-mail address. Such voucher constitutes a proof of purchase of hotel service that the User should hold for authorisation while using service in the hotel
CONDITIONS OF CANCELLATION OF RESERVATION/ORDER
1. Cancellation of reservation / order. Reservation of hotel service is subject to the cancellation policy presented on the website of a given provider.
2. Cancellation of reservation due to unidentified user.
  In order to prevent fraud in the Reservation System and avoid charging suppliers with false or misleading reservations, eSky.com reserves the right to cancel, in particular cases, non-guaranteed reservation if it is impossible to contact the User under indicated phone number. In such cases the User is not entitled to use the hotel service. The same applies to a situation where eSky.com acknowledges that User already made some reservations that were not finalised using given e-mail address or if query feedbacks sent on this e-mail address by eSky.com were left unaswered.To prevent cancellation of reservation due to the suspicion that a given reservation was made with intention not to use it, a User is entitled to make a guaranteed reservation by giving his payment card number. Customer may be asked to send a can of his card and identity document along with filled in UCCCF form for the purpose of verification of the transaction.
FINAL PROVISIONS
1. The User of the System agrees on personal data to be transferred and states that he ha a consent of other persons for who and on behalf of who he performs a reservation, to proces this person’s data by eSky.com to providers for the purpose of realisation of the reservation proces and offer the User possible after sale suport through www.eSky.com within the scope of a ordered service.
2. eSky.com shall not be liable for Customer’s claims and damages incurred. All such requests are to be brought and carried to respective providers. eSky.com shall not be liable for improper performance of providers’ services.
3. eSky.com and other companies cooperating within the scope of providing databases concerning hotel facilities of the providers are to create a User an access to direct offers presented by individual suppliers.
4. Information about hotel standard and services
  International hotels classification is based on stars system and it constitutes a non-binding information about the standard of a given hotel. Hotel information available in eSky.com Reservation System is based on subjective assessment of a given hotel.