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General information

Terms and Conditions

  1. GENERAL INFORMATION

    1. These Terms and Conditions regulate the terms of use of the "Booking system" of third party' services available via the www.esky.com website and via Call Centre, namely: Flight Booking, Travel Insurance, Hotel Services, Transfer Services, Tourist Packages, Charter Flights, Train Ticket Booking, SightSeeing Tours and alike, as well as providing Users with geolocation based content.
    2. 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.
    3. 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.
    4. 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.

  2. DEFINITIONS

    The terms listed below will have the following meanings:

    1. The Booking System available via the www.esky.com website and via Call Centre – an application allowing the User to:
      1. search and order domestic and international flights between any two cities, price these flights and book flight tickets,
      2. price and buy travel insurance,
      3. 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),
      4. use transfer services to and from the airport,
      5. use SightSeeing Tours services and alike in any city available in the offer via eSky,
      6. search and book tourist events organized by particular tour operators,
      7. 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).
    2. User – a person using the Booking System or Call Centre services. The User can also be referred to as Client, Recipient or Passenger.
    3. "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 the User, who ought to read them before making a reservation.
    4. 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.
    5. 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).

  3. GENERAL PROVISIONS

    1. The following document specifies the terms which constitute the legal basis for the use of the Booking System and Call Centre services.
    2. Each User shall comply with these Terms and Conditions the moment they undertake actions with the aim to use the Booking System.
    3. 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.

  4. USER’S LIABILITY FOR THE USE OF THE BOOKING SYSTEM

    1. The User confirms that they have got full capacity to perform legal actions and enter into legally binding commitments.
    2. 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.
    3. 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.

  5. LIMITATION OF LIABILITY

    1. 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.

  6. PROTECTION OF PERSONAL DATA

    1. As the administrator of personal data, eSky fully respects the Users' rights to privacy and protection of personal data and herby assures that it does not disclose any information about the Users to third parties unless it is necessary to properly carry out transactions made by the Users by choosing an offer thorough the Booking System. The controller of the personal data supplied in order to complete a transaction made through a payment gateway is PayPro Spółka Akcyjna, with its registered office in Poznań, Kanclerska 15 Str., 60-327, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the reference number 0000347935, VAT identification number 7792369887, share capital 4 500 000 PLN paid in full. Providing personal information in order to complete a transaction is voluntary, but necessary to use the services and the User is entitled to access and amend the those details.
    2. While using the Booking System available on the www.esky.com website, the Users may be asked to provide specific personal details, necessary to correctly book and issue a flight ticket or another travel-related document. Regarding the nature of the booking and air ticket purchasing services or other travel services, all the information including the name, surname, gender or, in case of children, teenagers or seniors - age, is transferred directly to the reservation system of the respective airline operating the flight chosen by the User or to respective hotels or, in the case of purchasing other services, other respective operators of the services on offer. By using the System, the User agrees to their personal data being transferred and processed by these entities for the purpose of delivering the services. Providing personal information is voluntary but necessary to use the services - the specific personal details required to book each individual service are indicated during the reservation process. The User has the right to access and amend the content of their personal information.
    3. While making a reservation, purchasing a flight ticket or booking any other service available on the website, the User provides information about himself and about other persons with their consent. The information stored in eSky’s database only serves for internal use and enables the analysis of orders and requests of the Clients, i.e. processing the order of a service.
    4. The User may express willingness to receive information about the latest deals and travel-related topics in the form of a Newsletter by submitting a consent statement of appropriate content and form, which involves providing an e-mail address. The User may unsubscribe from the Newsletter at any point by clicking on the unsubscribe link in the Newsletter’s footer. The information contained in the Newsletter is valid the moment it is sent out. A service's availability at a later date depends on whether it is still offered by the service provider.
    5. By accepting these Terms and Conditions, the User confirms that the provided personal details are true according to the Article 23 of Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926 as amended).

  7. BOOKING FLIGHTS, PURCHASING FLIGHT TICKETS, PAYMENT METHODS AND AIR TICKET DELIVERY

    The terms of booking, purchasing, paying for and delivering a flight tickets are specified in the Terms and Conditions of Flight Tickets.

  8. MAKING INQUIRIES AND BOOKINGS OF HOTEL SERVICES, METHODS OF PAYMENT

    The terms of making inquiries and booking hotel services, as well as methods of payment are specified in the Terms and Conditions of Hotel Bookings.

  9. MAKING INQUIRIES AND PURCHASING TRAVEL INSURANCE

    The terms of making inquiries, purchasing, paying for and delivering insurance contracts are specified in the Terms and Conditions of Making Insurance Contracts.

  10. CAR RENTAL TERMS AND CONDITIONS

    Terms and Conditions of car rental

  11. ISSUING AND DELIVERING INVOICES

    1. 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).
    2. 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 though the Call Center.
    3. 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.
    4. The terms and conditions for individual services may specify special conditions of invoicing.

  12. COMPLAINTS

    1. 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: complaints@esky.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.
    2. 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.

  13. FINAL PROVISIONS

    1. 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.
    2. 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 emphasised 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/.
    3. 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.

Flight tickets

Terms and Conditions – Flight Tickets

  1. BOOKING FLIGHTS, PURCHASING FLIGHT TICKETS, PAYMENT METHODS AND AIR TICKET DELIVERY, INVOICING

    1. In the case of airlines which are accredited by IATA (International Air Transport Association), by making the airline’s offer available to the Users, eSky acts as an agent of those airlines; each respective airline represented by eSky, whose name is indicated during the booking process and on the ticket delivered to the User, will provide the User with air travel services and they shall be held accountable for non-performance or improper performance of the flights.
    2. In the case of low-cost airlines, eSky acts as an intermediary performing factual acts resulting in the completion of a transaction and a delivery of a ticket purchased directly with those airlines, ordered on behalf of the User and strictly according to the User’s wishes communicated via the Booking System or the Call Centre. The service performance, such as processing complaints, is subject to the general terms of the respective carriers indicated during the transaction process.
    3. In the case of charter flights organized by a tour operator, eSky acts as an agent and informs about the conditions set out by the entity operating the flight. The operator of the flight is liable for non-performance or improper performance of the charter flight service.
    4. The party of the transport agreement providing air transport service which constitutes the subject of the agreement is each time specifically indicated and defined in the offer. Agreements mentioned above are concluded and performed through the eSky website on the basis of general conditions and air fares of the respective carriers providing the User with their services.
    5. Booking inquiry
      The User makes a reservation by choosing one of the flight connections suggested by the System and by filling out the personal questionnaire with the required information, which are processed in keeping with point IV of these Terms and Conditions.
    6. Confirmation of inquiry and change of price:
      1. At the provided e-mail address, the User receives a confirmation of inquiry, which includes, apart from the reservation number, the information about the chosen flight connection, the total price of the flight ticket and the method of payment. The price of the ticket is denominated in PLN or in another currency selected in the inquiry form. The price of the flight ticket includes in particular: net tariff, airport charges and a non-refundable transaction fee for the issuance of the ticket.
        Given the preliminary nature of the booking, the price of the ticket is not guaranteed until eSky receives the payment. The service is purchased on behalf of the Client with the Carrier at the price available in the Booking System at the moment of receipt of the payment, either via bank transfer or a cash payment made to the eSky account, or at the moment of the ticket issuance in the case of payments made with an electronic payment instrument. Any changes in the service purchased by the Client result in additional charges imposed by eSky for the performed actions, pursuant to the Terms and Conditions. In the case of reservations cancelled, revoked or modified (to the extent that makes the journey impossible) by the airlines, if the Client decides to purchase another ticket, the transaction fee charged for the previous flight is offset against transactions fees to be paid to eSky for the following flight.
      2. The user is obliged to make sure the reservation details stated in the confirmation e-mail, as well as the deadline for purchasing the ticket at a price indicated during the search in the System, are correct.
    7. The purchase of a flight ticket:
      1. The User can purchase a flight ticket provided that all personal details entered into the Booking System are true. Before purchasing a flight ticket, the User is obliged to read and accept these Terms and Conditions, as well as to read the tariff terms and conditions of the flight connection chosen by the User. eSky will charge the User with a non-refundable transaction fee for all operations connected with the issuance of the ticket in amount defined for each particular flight.
      2. Understanding the conditions of a given tariff will help the User choose the most cost-beneficial flight connection and will also help to minimize the costs of a potential ticket cancellation.
      3. If the price differs considerably from the expected price, it can be due to the fact that the economy class seats are fully booked. We advise you to check the prices on the neighbouring dates of departure and return.
      4. After receiving the reservation order, eSky may contact the User in order to verify the User’s details and to confirm the offer. If it is impossible to contact the User, eSky completes the reservation according to the order after receiving the payment from the User in the amount covering at least the price of the ticket and all additional services requested by the User, as well as the transaction fee.
      5. If your journey requires any extra services (e.g. a special meal, frequent flyer program points, a flight with an animal, excess luggage, special cabin luggage, an unaccompanied minor, special assistance for a passenger, assistance for a disabled passenger, baby’s accessories or other) please contact us via telephone or e-mail. Passenger’s requests are addressed by the airlines if possible.
      6. eSky reserves the right to refuse to issue a ticket if the imposed tariff (chosen by the User) does not comply with its purpose according to the sales conditions of a given offer or there are other justified limitations in the agreements between the airlines, over which eSky has no control. Non-compliance of the tariff with its purpose refers above all, but not exclusively, to the User’s false statements regarding his price reductions, age etc., which affect price of the ticket, or to the infringement of other tariff terms defined by the Carrier, over which eSky has no control, about which the User was informed while making the reservation and which he was obliged to read, especially regarding the consequences of making false statements about his price reductions, age etc., which affect the price of the ticket.
    8. Methods of payment:
      1. We accept the following methods of payment for the flight tickets purchased on the www.esky.com website:
        • payment with an electronic payment instrument,
        • payment via bank transfer,
        • cash payment,
        • payment via a national agency whose offer was published on the eSky website and under the conditions imposed by that agency.
      2. The User selects the preferred method of payment in the personal questionnaire in the Booking System.
      3. Payments for „Low-Cost” tickets purchased on-line can be made solely with an electronic payment instrument or via transfer if the service was ordered in a reservation form or through the Call Centre and it must be noted that the payment shall be made immediately, due to the possibility of the airline changing the price.
      4. Payments via transfer may be made only if the flight tickets are booked on the eSky website at least two days in advance. While choosing the ‘transfer’ method, the User is obliged to pay the amount due for a flight ticket within 24 hours of making the reservation.
      5. Cash payments and transfers ought to be made to eSky’s bank account indicated in the reservation confirmation email.
      6. The details of the transfer should include the first and last name of the User (Passenger) and the reservation number. Tickets payed for via transfer or with cash payments are issued by eSky on the day when the amount due for the purchased ticket is credited to the before-mentioned account, no later than at 8 p.m. The only exception are nonworking days – relevant information is published on the office’s website. Thus ordered services are delivered on the following working day at the prices available with the carriers. Attention! Airlines allow us 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 does not receive the payment on time and in the amount enabling the purchase and issuance of the ticket in keeping with the limitations defined by the airlines, the User’s reservation will be cancelled. eSky is not responsible for the cancellation of the User’s reservations due to delayed payments made after the time indicated in these Terms and Conditions or in messages passed to the User. Considering high variability of prices in time, eSky recommends that the User selects payment with a payment card and pays while making the reservation.
      7. Payment with an electronic payment instrument:
        • The User of the on-line flight ticket Booking System can make a payment using VISA, Eurocard, MasterCard, Diners Club, American Express payment cards or other payment instruments referred to in the Payment Service Act (Journal of Laws of 2011, No. 199, item 1175 as amended).
        • Making a purchase with an electronic payment instrument is safe.
        • By choosing “payment card” as the payment method, the User is obligated to fill out the fields defining the information concerning their payment card (such as: card type, card number and validity date) in the personal questionnaire in the Booking System. After the reservation is made, the payment card is automatically authorized by eSky through the Booking System in the order by phone system and charged accordingly to the price of the purchased flight tickets. Attention! Providing incorrect information about the payment card (e.g. wrong number or validity date) will result in the rejection of the reservation by the Booking System.
        • Charging the payment card is done in two transactions: the net amount for the ticket plus airport charges is charged by the airline, while the amount for the transaction fee is charged by eSky. eSky reserves the right to charge the due amount in one transaction.
    9. The form of the ticket
      eSky issues tickets for Users in an electronic form.
    10. Delivery of an electronic flight ticket
      Electronic flight tickets purchased on the eSky website are delivered to the email addresses indicated in the personal questionnaire in the Booking System or provided during the purchase process via Call Centre.
    11. Cancellation of reservation by the fault of the carrier:
      1. eSky shall not be liable for changes in Users’ reservations and cancellations of those reservations made by the airlines without eSky’s involvement. Information about possible changes in the User's reservation are sent by an eSky employee to the email address provided in the personal questionnaire or is passed on via phone at the provided telephone number.
      2. All claims resulting from cancellations or changes made by the airlines, including flight delays, the User shall address to the respective airlines. Airlines liability is recognized under the conditions of Warsaw Convention and Montreal Convention.
    12. Return of a flight ticket:
      1. The User is entitled to return a flight ticket purchased on the www.esky.com website if the return is made before the departure date and if it is allowed according to the flight ticket tariff set directly by the airline and which the User shall read before making flight ticket purchase. Returning a ticket involves a penalty fee charged in the amount defined by the airline. In case the parties indicated as passengers disagree as to returning the ticket, a declaration of intent of the party making the payment shall prevail unless, while making the reservation, all parties making payments for separate tickets within one reservation were clearly indicated.
      2. Some promotional tariffs do not allow any changes in the flight ticket nor its return to the service provider even before the departure date (resignation from the flight results in losing the money paid for the flight ticket).
      3. In order to return an electronic ticket, the User shall contact the Call Centre.
      4. Depending on the payment method, the due amount for the ticket is returned to the User and transferred directly to the bank account of the User or to the account of the User’s payment card within 7 days from the date eSky receives the due amount from the airline. The return date is understood as the date when money is debited form eSky’s bank account.
    13. Changes in the reservation
      1. Any modification to the reservation shall be reported to us via the Call Centre or a contact form available on our website: If there is less than 48h left to the flight, it is necessary to contact the Call Centre.
      2. The price depends on the statutory rates of the airline operating a given flight. The total cost of a change in the reservation includes:
        • a standard charge for a change or an additional service (which is comprised of a charge for ticket modification pursuant to the terms and conditions and the table of fees of a given airline, as well as of a non-refundable transaction fee for modifying the order or ordering an additional service),
        • the difference in tariff prices (a difference of costs between the initial price of a ticket and its price at the moment of the change),
        • the difference in taxes and airport charges (a potential difference in costs between the initial value of taxes and charges and their value at the moment of the change).
      3. The Client can pay with a payment card, via transfer or make a cash payment in a bank to eSky’s account. Payment with a payment card should be made via eSky’s Call Centre. In the case of a transfer payment, the Client receives an email with a confirmation of changes, which includes: the details of the reservation (the reservation number, passengers’ details, information about the connection and additional services), payment information and the cost of the change.
      Table of transaction fees for extra services added to an already purchased ticket (in EUR):
      Change TF per person
      Change of ticket (date, route, direction, passenger’s details) 12
      Cancellation of ticket on customer request 12
      Adding checked-in luggage or special luggage 7
      Assistance for children 7
      Allocation of a particular seat 5
      Special meal 5
      Transport of animals 5
      Priority boarding 5
      Other additional services which the airline offers on passenger's demand 5
      Check-in 5
    14. Promotional tariffs – limited liability:
      Some promotional tariffs available in the Booking System have very specific conditions of booking and issuing flight tickets. It applies particularly to tariffs which ought to be booked and purchased at least three, seven or fourteen days in advance. Breaching that condition may result in a change in the price of the flight ticket. eSky reserves the right to cancel the User’s reservation, made exactly three, seven or fourteen days before departure, if the User exceeds the limit of purchase defined by the Carrier in the Carrier's conditions for the tariff. An airline may request to issue a ticket earlier. In such case, you will receive from us necessary information about the deadline for the payment to your current email address
    15. Connecting Flights
      1. Booking Connecting Flights is one of the services provided to the Users in the Booking System. A Connecting Flight comprises of at least two flight connections, operated by one or more carries, where each flight is considered a separate service and the carriers do not cooperate in organizing the Connecting Flight.
      2. Purchasing a ticket for a Connecting Flight means purchasing more than one flight ticket involving a few transfer flights for which the User needs to purchase separate plane tickets with one or more carriers.
      3. Considering the separate purchase of tickets for each flight within the Connecting Flight, as well as the fact that there may be little time to change flights, which entails the risk of cancellation, delay or change of departure time and, consequently, the User may miss his other flight or flights, eSky suggests that you look into the possibility of booking alternative flights.
      4. The availability of Connecting Flights in different combinations depends on the availability of flight tickets with respective Carriers as well as on the criteria laid out by the User himself in the Booking System.
    16. Dynamic packages
      1. Another service available via the Booking System or the Call Centre is the possibility to book a Dynamic Package, that is, book or purchase two or more services, including at least the purchase of a Flight Ticket and a Hotel Service. Each product is considered a separate service and the Providers do not collaborate in organizing these services. At the same time, considering special reduced tariffs offered for the purchase of several services according the criteria and conditions selected by the User out of the deals offered in the System by respective service Providers – returning all or part of the services is pursuant to the terms defined by the Providers. Given that the special tariff offered to the User was due to the purchase of more than one service, if the User cancels one of those services, the price of the others may change. In case the User cancels a Service which the Provider offered them a price reduction due to the purchase of more than one service, the User may be bound by the Provider to pay the difference between the promotional tariff and the standard tariff on the day of the return of the service.
      2. Booking services within the Dynamic Package is done by the Users themselves according to the parameters and criteria they indicate. eSky advises to review the conditions of the provision of each service to make sure they satisfy the criteria desired by the User, as cancellation of individual services may lead to additional costs. To dispel any doubts, the Services mentioned in section 1 are not a tourist event within the meaning of Tourism Services Act of 29 August 1997 (Journal of Laws 133, item 884 as amended). eSky merely suggest possible combinations of services on the basis promotional tariffs the Providers make available in the System, while it is the User who selects the services that comprise a package and additional services out of the services available on the website.
      3. The value of services the User has selected during the transaction process to comprise his Dynamic Package includes all charges due to the Providers and eSky (provided that in the case of a cancellation or a change of any of the package services, a standard tariff may apply) The price does not include taxes or local, hotel-administered fees payable on the spot. eSky may inform the User about these costs and local/visitor’s taxes etc. if the Provider supplies eSky with that information.
      4. The conditions of providing services are subject to the general provision of these Terms and Conditions as well as to the conditions of respective services, unless it is stated otherwise in this paragraph. Any claims concerning the way the flight agreement within the Dynamic Package is carried out, the User shall address to the Carrier with whom the User has made that agreement and who operates the purchased flight connection. The claims made by the User against the Carrier are addressed according to the terms and conditions of that Carrier and in keeping with the binding flight tariff. Any claims concerning the way the hotel services agreement within the Dynamic Package is carried out, the User shall address to the Provider of hotel services and according to the terms set out by that Provider.
    17. Additional services offered during the transaction process.
      1. Other services available via the Booking System of the Call Centre allow the Users to book additional services subject to fees indicated during the transaction process.
      2. An eSky service package, called eSky Assistant, is a flate-rate transaction fee for one or more changes in the ticket made via the Call Centre, which include: assistance in making changes a the ticket, assistance in returning a ticket, ordering special luggage or animal transport, ordering a special meal or assistance for children. The terms of making changes and returns, indicated in Chapter I, paragraph 12 and 13 of these Terms and Conditions, apply. To dispel any doubts, in case there is an additional charge for the services listed in the table of transaction fees included in these Terms and Conditions but the User has purchased eSky Assistant, the User needs to pay the transaction fee only for those services which are not included in the eSky Assistant flate-rate transaction fee. By purchasing the eSky Assistant service, the User is exempt from paying transaction fees charged by eSky indicated in the table of transaction fees for additional services to changes in a purchased ticket; if an airline charges a fee for changes/returns/additional services in keeping with the conditions of the tariff, the User is obliged to pay for the service as indicated by the airline. eSky informs that the provision of an additional service or a modification in a purchased ticket requires acceptance from the airline in order to be valid. In case an airline does not accept a given service or modification of a ticket, it cannot be processed.
      3. Online check-in allows the User to check in via the airline system regarding purchased tickets, if the transaction system allows that possibility. A boarding card will be sent to the email address provided during the booking process no later than eight hours before the departure. Some airlines may oblige the User to provide additional information, not made available in the reservation, in order to proceed with the check-in (e.g. passport number) - the User is obliged to supply up-to-date contact details, such as email address or telephone number, to make sure it is possible to get in touch with them, especially right before the departure. Failing to supply contact details, supplying out-of-date or incomplete details, failing to receive phone calls from eSky or supplying incorrect details required to check in may make it impossible to proceed with the online check-in and the User may be required to pay a charge defined by the airline or it may be impossible for him to depart. The User shall make particular effort to provide eSky with complete data and make it possible for eSky to contact him in order to process any other details required by the airlines.
      4. A safe ticket – in case a flight is delayed or cancelled, after analysing the details of the User's flight, eSky will inform the User about which entity to address in order to receive appropriate compensation. At the same time, pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council, eSky informs that the User is entitled to make claims and file applications directly with the airline operating a flight in order to receive a full (where applicable) compensation, to which a passenger may be entitled.

  2. TERMS AND CONDITIONS OF CARRIAGE FOR RESPECTIVE “LOW-COST” AIRLINES LISTED IN POINT II SUBPOINT 3 OF THESE TERMS AND CONDITIONS:

Hotel reservations

Terms and conditions – Hotel Reservations (version 2.8)

  1. GENERAL REGULATIONS

    1. eSky is not a party to a contract for the provision of hotel services and other related agreements, concluded via the Booking System, as it is always a service provider specifically indicated in an offer who is responsible for providing services covered by the agreement. The foregoing agreements concluded through the eSky website are entered into and implemented on the basis of general conditions of individual service providers. All information about the offer displayed on website is based on data provided directly by the hotel providers. The condition of booking of hotel services provided by EXPEDIA are set out in the order and pursuant to the Terms and Conditions - http://developer.ean.com/terms/en/
    2. The terms used in these Terms and Conditions shall have the following meanings:
      1. Provider - hotel service provider or a provider of any other related services that offers services described in detail in each individual offer and makes them available via the eSky website or websites of other entities cooperating with eSky,
      2. Hotel services – short-term and generally available rental of houses, apartments, rooms, beds and also places to set up tents or trailers and providing any other related services within the facility,
      3. Package products – a customized travel package selected by the User himself during the booking process, which includes a few separate services relating to transport services (air transport) and hotel services, as well as other potential additional services available via the eSky website.
    3. Subject of Regulations
      These Terms and Conditions defines the rules of making hotel services offered by third parties available to the Users who wish to make a reservation on the eSky website.
    4. eSky provides the User with:
      1. direct access to both the facilities inside the country and abroad that are offered by hotel providers,
      2. a possibility to use package products that can be set freely and individually by the Users.
    5. If the law requires, eSky agrees to pay a VAT tax for the services provided. Moreover, eSky is obliged to ensure, also financially, that all components of package deals shall be available on eSky website.

  2. POSSIBLE OPTIONS OF HOTEL RESERVATIONS

    1. Depending on the provider’s offer, the following rules of making reservations and payments for hotel services can be distinguished:
      1. making a reservation of hotel services via the Booking System while, at the same time, making due payment on the date stated in the offer of a given facility directly to the provider’s account – no payment towards eSky,
      2. making a reservation of hotel services via the Booking System while, at the same time, making due payment on the date stated in the offer of a given facility to eSky’s account,
    2. Depending on the possibility to verify the accuracy of supplied details and secure the payment for a reservation, the following can be distinguished:
      1. non-guaranteed reservation which has not been paid by the User,
      2. guaranteed reservation which has been paid by the User or the User details has been positively verified under the conditions set out in these Terms and Conditions

  3. MAKING HOTEL SERVICES INQUIRIES AND RESERVATIONS

    1. Reservation inquiry:
      The User makes a reservation inquiry by choosing one of the available options – via the online Booking System available on the www.esky.pl website, via other websites owned by entities cooperating with eSky or by contacting the Call Centre and filling in a personal questionnaire with required personal details.
    2. Confirmation of order and price:
      1. At the provided e-mail address, the User receives a confirmation of his inquiry, which includes the reservation number, information about the chosen hotel service, the total price of the service and the selected method of payment.
      2. Making and having a reservation by the User creates an obligation to use that hotel service.
      3. The price of hotel service is denominated in PLN or in another currency selected in the order form. The price of the service includes in particular: net tariff, additional fees, final cleaning and other charges specified in the reservation.
      4. If the conditions for an ordered service require the User to make a payment towards eSky, the price for the service indicated in the confirmation of reservation is not guaranteed until the payment is received by eSky due to the conditions set out by Hotel Providers.
      5. Before making the payment, the User shall make sure if all the details in the received confirmation are correct.
    3. Ordering a hotel service
      1. The User can purchase a hotel service provided that all personal details entered into the Booking System are true. Before placing an order, the User is obliged to read and accept these Terms and Conditions, as well as to read the terms and conditions of booking services relevant to the facility providing the service chosen by the User.
      2. Understanding the conditions of booking will help the User choose the most cost-beneficial service and will also help the minimize the costs of a potential cancellation of order.
      3. After receiving the reservation order, eSky may contact the User in order to verify the User’s details and to confirm the offer. If it is impossible to contact the User, eSky cannot be held accountable if the service provider doesn’t accept the reservation according to the content of the order, unless it was a guaranteed reservation within the meaning of point V (2) of these Terms and Conditions.
      4. Each reservation/submission is communicated by eSky on behalf of the User to a given provider and treated as a declaration of order.
      5. The hotel has the right to cancel the reservation if the Customer does not check in at the hotel offering the service on the date of the service’s commencement. The time and conditions of such cancellation are indicated in the conditions of reservation of the facility offering a given service.
    4. Confirmation of booking
      A confirmation of booking (“hotel voucher”), if need be, together with a timely payment, sent to the User’s e-mail address and printed by the User is considered to constitute a hotel service order.
    5. Promotional fare for hotel services provided by EXPEDIA
      In the case of airline tickets purchased via the Booking System, the User can additionally purchase a hotel service with a reduction in tariff provided that the time and country of stay in the case of roundtrip tickets are within the period between arrival and departure, and in the case of one-way tickets is within 14 days from the arrival date. If the abovementioned conditions are not met or there are no Expedia services available, the promotional tariff does not apply.

  4. METHODS OF PAYMENT

    1. Methods of payment:
      1. If a payment for a service is meant to be paid directly to the provider before the arrival to the facility, the offer includes specific details necessary to make required payments.
      2. If a payment for a service is meant to be paid to eSky before the arrival to the facility, the following payment methods for hotel services are accepted:
        • payment with an electronic payment instrument,
        • payment via bank transfer,
        • cash payment,
        • payment via a national agency whose offer was published on the eSky website and under the conditions imposed by that agency.
      3. The User selects the preferred method of payment in the personal questionnaire in the Booking System, bearing in mind that:
        • Payments via bank transfer can only be made for the facilities (venues) booked via the www.esky.com website. While choosing the ‘transfer’ method, the User is obliged to pay the amount due for a service within 24 hours of making the reservation.
        • Cash payments and transfers ought to be made to eSky’s bank account indicated in the reservation confirmation email.
        • The details of the transfer should include the first and last name of the User and the reservation number.
        • Payment with an electronic payment instrument:
        • The User of the on-line flight ticket Booking System can make a payment using VISA, Eurocard, MasterCard, Diners Club, American Express payment cards or other payment instruments referred to in the Payment Service Act (Journal of Laws of 2011, No. 199, item 1175 as amended). ).
      4. Making a purchase with an electronic payment instrument is safe.
      5. By choosing “payment card” as the payment method, the User is obligated to fill out the fields defining the information concerning their payment card (such as: card type, card number, validity date and CVV/CVC code) in the personal details form in the Booking System. After the reservation is made, the payment card is automatically authorized by the eSky Booking System and then charged with the amount due for purchased services (this applies only to the reservations payable to eSky).
      6. Attention! Providing incorrect information about the payment card (e.g. wrong number or validity date) will result in a rejection of the inquiry by the Booking System.
    2. Once the payment is made (after charging the card, making a transfer or paying in cash) and booked, the system will automatically generate a voucher confirming the purchase of a hotel service and send it to the User’s email address. The voucher constitutes a proof of purchase of a hotel service, which the User should be able to demonstrate while trying to use the hotel service.

  5. CONDITIONS OF CANCELLATION OF RESERVATION/ORDER

    1. Cancellation of reservation/order. Reservation of a hotel service is subject to the cancellation policies available on the website of a given provider.
    2. Cancellation in the case of an unidentified user.
      In order to prevent malfeasance in the Booking System and avoid charging providers with false or misleading reservations, eSky reserves the right to cancel, in particular cases, non-guaranteed reservations if it is impossible to contact the User under the provided phone number. In such cases, the User is not entitled to use the hotel service. The same applies if eSky realizes that the User has already made some reservations in the past using the same email address and haven’t finalized them or if return inquiries sent by eSky to the User’s e-mail address are left unanswered. To prevent cancellation of reservation due to the suspicion that a given reservation was made with the intention not to use it, the User may make a guaranteed reservation by supplying his payment card number. The Customer may be asked to send a scan of his payment card and identity card along with a filled UCCCF form to enable verification of the regularity of the transaction.

  6. FINAL PROVISIONS

    1. The User agrees to transfer his personal details and states that he has the consent of other people for whom and on behalf of whom he makes the reservation to process their personal details via eSky to service providers for the purpose of completing the reservation process and receiving potential after-sales support via the eSky website regarding the ordered service.
    2. Potential Customer’s claims or requests for compensation for incurred damages shall be addressed to respective providers. eSky is liable only for improper performance of intermediation services.
    3. The role of eSky and other cooperating companies involved in providing databases of hotel services providers is to provide the User with access to direct offers of particular providers.
    4. Information about hotels and the standard of their services.
      An international classification of hotels based on the system of stars constitutes unbinding information about the standard of a given hotel. Information about hotels available in the eSky’s Booking System is based on a subjective review of a given hotel.

Making insurance contracts

Terms and Conditions - Making Insurance Contracts (version 2.6)

MAKING INQUIRIES AND PURCHASING TRAVEL INSURANCE

  1. The Insurer is Colonnade Insurance Société Anonyme with its registered office in Warszawa, Marszałkowska 111 Street, 00-102, registered in the National Court Register under the reference number 0000678377, VAT identification number: 1070038451.
  2. The insurance contract is made in keeping with the General Conditions of the Insurance and within the scope of insurance coverage.
  3. The insurance purchased pursuant to article 809 paragraph 1 of the Civil Code is documented in an insurance policy.
  4. The User requests a pricing of an insurance contract selecting one of the options available in the System by filling out the personal questionnaire with all required details.
  5. Confirmation of inquiry
    1. The User can pay for an insurance policy provided that all personal details entered into the Booking System are true. Before making an insurance contract, the User is obliged to read and accept these Terms and Conditions, as well as to read the General Conditions of Insurance.
    2. Before making the payment, the User shall make sure if all the details in the received confirmation are correct.
  6. Purchase of an insurance policy
    1. At the provided e-mail address, the User receives a confirmation of his inquiry, which includes the reservation number, information about the total price of the insurance policy and the method of payment. The price of the policy is denominated in PLN or in another currency selected in the inquiry form.
  7. Methods of payment
    1. The following payment methods for insurance policies purchased via eSky are accepted:
      • payment with an electronic payment instrument,
      • payment via bank transfer
      • cash payment,
      • payment via a national agency whose offer was published on the eSky website and under the conditions imposed by that agency.
    2. The User selects the preferred method of payment in the personal questionnaire in the Booking System:
      • Cash payments and transfers ought to be made to eSky’s bank account indicated in the reservation confirmation email.
      • The transfer title should include the order number and the name of the payer indicated in the personal questionnaire.
      • Payment with an electronic payment instrument:

        The User of the on-line flight ticket Booking System can make a payment using VISA, Eurocard, MasterCard, Diners Club, American Express payment cards or other payment instruments referred to in the Payment Service Act (Journal of Laws of 11 October 2002).

        Making a purchase with an electronic payment instrument is safe.

        By choosing “payment card” as the payment method, the User is obligated to fill out the fields defining the information concerning their payment card (such as: card type, card number, validity date and CVV/CVC code) in the personal questionnaire in the Booking System. After the reservation is made, the payment card is automatically authorized by eSky via the Booking System in the order by phone system and charged accordingly to the price of the purchased travel insurance. Attention! Providing incorrect information about the payment card (e.g. wrong number or validity date) will result in the rejection of the inquiry by the Booking System.

  8. Insurance policy delivery

    Policies purchased through eSky are delivered to the email address indicated in the personal questionnaire in the Booking System.

Car rental

Terms and Conditions – Car rental

  1. eSky provides services regarding renting advertising space to rentalcars.com which is a brand belonging to the TravelJigsaw Limited group, a company registered in England and Wales (under the reference number 05179829) with its registered office in 100 New Bridge Street, London, EC4V 6JA, which acts as an intermediary in the reservation process and provides services under the terms specified in the terms and conditions of its services www.rentalcars.com/TermsAndConditions.do. Special conditions regarding particular vehicles are indicated for these vehicles and defined by the entities providing the services. eSky may inform about the possibility of purchasing additional services while managing the booking via telephone.

Transfer services

Terms and Conditions – Transfer Services

  1. eSky provides services regarding renting advertising space to Rideways, which is a brand belonging to the TravelJigsaw Limited group, a company registered in England and Wales (under the reference number 05179829) with its registered office in 100 New Bridge Street, London, EC4V 6JA, which acts as an intermediary in the reservation process and provides services under the terms specified in the terms and conditions of its services https://www.rideways.com/information/terms. Special conditions regarding particular transfers are indicated next to them and defined by the entities providing the services (Transfer Operator). eSky may inform about the possibility of purchasing additional services while managing the booking via telephone.

Luggage tracking

Terms and conditions - luggage tracking

  1. eSky provides services consisting in renting advertising space to BLUE RIBBON BAGS, LLC, which is a corporation under Delaware law, with its registered office in the United States, 119 West 40th Street, New York, NY 10018i, which provides services under the terms specified in the terms and conditions of its services https://www.blueribbonbags.com/ServiceAgreement. eSky may inform about the possibility of purchasing additional luggage tracking services in cooperation with BRB while managing the booking or other services via telephone.