lucky2go - terms and conditions (1.1)
- GENERAL INFORMATION
- This Terms and Conditions regulate terms of use of the “Reservation system” of third parties’ services available on www.lucky2go.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 through information gathered thanks to geolocation, cookies and other functionalities enabling tracking of Users’ activity and personalizations of the presented offers.
- 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. The company offers its reservation and information services on lucky2go website, hereinafter referred to as lucky2go.
- In order to use Reservation System and Call Center services (at telephone numbers available on www.lucky2go.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 lucky2go.
- 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
Following terms used below in this Terms and Conditions shall have the following meaning:
- Reservation System - system available on www.lucky2go.com website and via Call Center, enabling the User searching and ordering:
- local and international flights for any two cities as well as to estimate the cost of these flights and purchase of flight ticket.
- the possibility to estimate the cost and purchase travel insurance
- possibility to use hotel services in a chosen city (both in the country and abroad), in a chosen period, having the possibility to estimate the price of services and to book them (hotel reservation)
- access to other services provided by third parties and available on the website
- User – a person using the Reservation System or Call Center. User can also be referred to as , Recipient, Passenger.
- ”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.
- 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.
- 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, referred to in art. 4 paragraph 1 item 4 of the Act of 29 August 1997 - Banking law (Journal of Laws of 2012, item. 1376, 1385, 1529, of 2013 item. 777, 1036, 1289, 1567 as amended).
- Reservation System - system available on www.lucky2go.com website and via Call Center, enabling the User searching and ordering:
- GENERAL PROVISIONS
- Thic document stipulates the rules forming the legal basis of using the Reservation System and Call Center services.
- Each User shall comply with this Terms and Conditions while using the Reservation System.
- 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 these parties. Purchase of each product is subject to the special provisions set out in the Terms and Conditions.
- USER’S LIABILITY FOR THE USE OF RESERVATION SYSTEM
- The User confirms the full capacity to perform acts in law and contract legally binding commitments.
- 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.
- 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 Customer 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
- lucky2go 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 Customer to execute an agency agreement for the sale of flight tickets or other services with the parties providing services offered through the Reservation System.
- PERSONAL DATA PROTECTION
- As the administrator of personal data, lucky2go 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 through the Reservation System. The administrator of personal data transfered due to perform payments made with the use of national payment integrator is PayPal Spółka Akcyjna, with its registered office in Poznań, Kanclerska 15 steet, registered in the National Court Register kept by District Court for the City of Poznań Nowe Miasto and Wilda, VIII Commercial Division, under the reference number 0000347935, NIP: 7792369887, share capital 4.500.000,00 PLN paid in full. The User is free to give these data for payment processing, it is however required to do so in order to make use of the service and the User shall have the right to access these data and revise them if needed.
- While using Reservation System available on www.lucky2go.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 hotel owners or other 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. While using this System, User accepts the fact that his personal data are processed by these entities within the scope justified to fulfill the service. The User is free to give these data. It is however required to do so in order to make use of the service. The scope of data required for each reservation is properly marked over the reservation process. User shall have the right to access these data and revise them if needed.
- While searching for reservation, purchasing flight ticket or making reservation of other services available on the website, the User provides information about himself and about other persons upon their consent. Information collected in lucky2go’s data base serves exclusively for lucky2go’s internal use and enables analysis of orders and demand of the Customers i.e. processing of ordered service.
- User is entitled to make a consent to receive information concerning up to data promotions and information on travelling in the form of Newsletter. This consent is granted by making a statement of appropriate content, making his e-mail addres available. User may at any time opt out of receiving such information simply by sending such declaration of will on rezygnacja@lucky2go.pl or clicking on a discahrging link in Newsletter footer. Information sent via Newsletter are up to date at the time of mailing. Their further availability depends on the entity that provides them.
- 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).
- ISSUANCE AND DELIVERY OF INVOICES
- For services purchased via www.lucky2go.com website or via Call Center, Customer shall receive an electronic invoice. By making payment and accepting this Terms and Conditions – the User agrees to receive electronic invoices within the meaning of Art. 2, section 32 according to the Art. 106, section 1 of the Act on VAT of 11 March 2004 (Journal of Law from 2011, No. 177, item 1054 as amended).
- 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.
- 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.
- Regulations of individual services may indicate particular terms of invoice issuance.
- 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.
- COMPLAINTS
- Complaints regarding reservations and purchase of flight tickets and other travel services shall be made in writing and addressed to the lucky2go’s office address at Murckowska 14a, 40-265 Katowice or via e-mail to the email address: reclamatii@lucky2go.com. lucky2go shall contact Customer 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.
- lucky2go informs that if the complaint concerns services provided by other parties, lucky2go 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 lucky2go is complete enough to enable such a complaint at the service provider.
- FINAL PROVISIONS
- lucky2go reserves the right to make changes in content of the Terms and Conditions at its sole discretion, in compliance with the rule that the Customert is bound by the Terms and Conditions accepted during reservation process and that Customer may access archival versions of the Terms and Conditions. Each Customer 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.
- 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 lucky2go 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. In case of consumer disputes, customers may use EU’s internet platform called ODR (online dispute resolution) what will be made available on http://ec.europa.eu/consumers/odr/
- lucky2go shall not be liable for Customer’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 lucky2go is not a service provider nor advisor suggesting choice of any of the offers but acts as a party making available Reservation System.