TERMS OF SERVICE ver. 2.0 (valid from 25 May 2018)
1. GENERAL INFORMATION
These Terms of Service specify the legal principles and rules for the use of the "Reservation System" of third party services offered through the PolishTrains website and as part of the Call Center, i.e. services: Reservation and Purchase of Railway Tickets.
The owner and operator of the system is TravelTECH Sp. z o.o. with its registered office in Kraków, 31-864, ul. prof. M. Życzkowskiego 14, entered into the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście, 11th Commercial Division of the National Court Register, under KRS number 0000258229, NIP number 675-13-45-369, with share capital in the amount of PLN 50,000.00 (in words: fifty thousand zlotys), offering end-user services in the field of travel information and reservation – hereinafter referred to as TravelTECH.
The use of the Reservation System and the Call Center available under the telephone numbers and email address indicated in PolishTrains, is possible subject to the acceptance of all provisions of these Terms of Service. The mentioned acceptance is at the same time a statement of intent and entails legal obligations between the User and the Service Operator.
The User has the right to use these Terms of Service free of charge, the right of their free reproduction, copying and fixing, excluding the possibility of their commercial use. The User undertakes to comply with the provisions of these Terms of Service upon taking steps to use the Reservation System and/or the Call Center.
The reservation and purchase of individual third-party services available in the Reservation System is a single transaction and is subject to the terms, conditions and regulations specified by these entities.
2. GLOSSARY OF TERMS
User – a person using the Reservation System and/or the Call Center. The User may also be referred to as a Passenger, Customer, Recipient.
Reservation System – a component of the PolishTrains website, which enables booking and purchasing railway tickets of selected carriers
Carrier – a Polish or foreign transport company that carries out licensed transport of people in Poland or in other countries.
Electronic payment instrument – each payment instrument, including with remote access to cash, enabling the holder to carry out operations using electronic data carriers or enabling holder’s electronic identification which is necessary to carry out a given operation, in particular an electronic money instrument, on-line transfer or a payment card.
Payment card – an electronic payment instrument enabling a clear identification of the issuer and an authorised holder, authorising to make payment, and in the case of a card issued by a bank or an institution legally authorised to grant loans – also to make a payment using such loan, within the meaning of Art. 4(1)(4) of the Act of 29 August 1997 – the Banking Law (Journal of Laws of 2012 – item 1376, 1385, 1529, of 2013 – item 777, 1036, 1289, 1567, as amended).
Payment Operator – an external entity, authorised to process and processing data to enable payment by means of electronic payment instruments or a payment card.
3. USER'S RESPONSIBILITY FOR USING THE PolishTrains WEBSITE AND IN PARTICULAR THE RESERVATION SYSTEM
The User represents that he/she has full legal capacity and capacity to enter into legally binding commitments, and is aware of the responsibility for his/her own actions resulting from the use of the Reservation System.
The User represents that he/she uses the Reservation System on his/her own behalf and on his/her own responsibility, and – in the case of acting on behalf of a third party – that he/she has valid authorisation and bears full liability for acting without authorisation or for crossing its borders.
The User represents that he/she will use the Reservation System in person and directly, only for the purpose and within the scope of purchasing the ticket or making a reservation and purchasing the available services, as described herein, as well as other services available on the website, solely in a manner consistent with the applicable law, avoiding any non-legal activities. In particular, it is prohibited to:
download (also automatically), further distribute in any form and by any channel, process in whole or in part any information presented at the PolishTrains website,
use the Reservation System or any contents presented therein for any purpose not related to the planned travel,
take actions that may lead to overloading the Reservation System, breaking and circumventing security measures introduced in the system,
modify, falsify data or documents at any stage of the reservation, purchase and payment process.
The User is prohibited to use false data, to make a reservation using a false name or someone else's name without a valid authorisation and to make payments for the booked services using, inter alia, false or someone else's credit card without authorisation. Such actions will be immediately reported to the competent law enforcement authorities.
4. LIMITATION OF LIABILITY
TravelTECH informs that it does not guarantee that the results obtained and presented to the User in the search process will be up-to-date and will present options available for reservation and/or purchase. At the same time, please note that other service offers, similar to those searched by the User, may appear in the Reservation System as well as in other third-party ticket search systems. Until the purchase of a chosen offer (i.e. service reservation and payment in the Reservation System), the mere fact of obtaining search results does not impose any obligation on any party to conclude a contract of intermediation in the purchase of a ticket or purchase of other services from providers of services presented in the Reservation System.
The Carrier and the User shall always be the parties to the contract of carriage or a contract for the provision of any other services offered through the Reservation System. Liability for non-performance or improper performance of services shall always be borne by specific carriers, in relation to whom, depending on the carrier, TravelTECH acts on their behalf or as their intermediary in the booking and purchase process. The name of the carrier is made available to the User each time during the reservation process, before the final purchase and after booking as well as on the issued ticket. Services provision and the complaint procedure is subject to the general terms and conditions of carriers indicated during the booking process.
TravelTECH does not guarantee that the use of the Reservation System will be without faults, disadvantages, interruptions or lack of connection with the reservation system of third parties, and that the search results will meet the expectations as to the content, accuracy or usefulness of the information obtained. The data provided in the Reservation System are time varying and dependent on the current offer of third parties, and the prices are not guaranteed until the service is purchased on the terms specified by these entities.
5. PERSONAL DATA PROTECTION
TravelTECH is the personal data controller (contact to the personal data protection department – email address firstname.lastname@example.org). Third parties (carriers) are the controllers of personal data provided in order to perform the services booked and purchased by the User. The following external entities deal with the processing of personal data provided by the User in order to make payments:
for credit card payments – SIX Payment Services (Europe) S.A. with its registered office at the address: 10, rue Gabriel Lippmann, L-5365 Munsbach, Luxembourg, operating in Poland through the branch: SIX Payment Services (Europe) S.A. Spółka Akcyjna Oddział w Polsce with its registered office in Warsaw (00-838), ul. Prosta 32, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number KRS 0000367560, NIP: 1070017360. The function of the Data Protection Officer is played by SIX Compilance, Hardturmstrasse 201, 8005 Zurich, Switzerland – email: email@example.com
online payment – DotPay Sp. z o.o. with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000700791 by the District Court for Kraków – Śródmieście, 11th Commercial Division, NIP 6342661860.
Provision of data for the payment process is necessary for the effective reservation and purchase of the service, and the User has the right of access to data and the right to correct them.
TravelTECH represents that Users' personal data are protected, processed and made available to third parties only for specific purposes, explicitly presented and permitted by law:
enabling execution of the process of services reservation and purchase – the data are processed and made available to the service providers and stored TravelTECH until statute of limitation on mutual claims expires, provided that if the contract has not been concluded and the services have not been provided after 180 days from the date of registration in the Reservation System, the data will be archived and will not be used for any purpose other than to pursue or establish mutual claims;
enabling execution of the payment process – data are processed and made available to entities handling the payment process, and after 180 days from the transaction date (regardless of its outcome) they will be archived by TravelTECH and will not be used for any purpose other than to pursue or establish mutual claims;
data analysis in order to detect unlawful activities of the User and to ensure the security of the PolishTrains website – the data are processed by TravelTECH until statute of limitation on mutual claims expires or up to 180 days from the date of data registration (whichever comes later). After this time, they will be archived and will not be used for any purpose other than to pursue or establish mutual claims;
performance of public-law obligations – data are processed and made available to legally entitled entities, until statute of limitation on public-law debt expires;
fulfilment of obligations indicated in the GDPR – data are processed only for identification and verification of the person submitting claims, until statute of limitation on mutual claims expires;
achieving marketing objectives – data are processed in order to present a personalised offer of services or advertising, until the objection is raised, and after the objection has been raised only to defend against claims, until statute of limitation on mutual claims expires;
sending the newsletter – data will be processed only after the User's has expressed an additional consent when giving the email address, until the withdrawal of the consent, and after its withdrawal only to defend against claims until statute of limitation on mutual claims expires;
During the reservation process, the User will be asked to provide information including name, surname, sex and age of passengers, which is necessary to make a reservation and issue a ticket or voucher, as well as contact details, such as address, email address and telephone number, required for possible contact with the User. These data will be transferred from reservation systems of third parties that are the service providers. The user of the PolishTrains website consents to such processing and to sharing of the above data. Data provision is voluntary, but necessary to enable the use of the purchased services. The scope of data necessary to make a reservation is marked appropriately during the reservation process. The User has the right of access to his/her data and the right to correct them.
The User may agree to receive marketing information related to the subject of the PolishTrains website. The User may submit an appropriate statement of intent when registering his/her email address on the PolishTrains website. The User may withdraw his/her consent at any time by sending a statement of resignation to the address firstname.lastname@example.org or by clicking on the opt-out link, appearing in every message with the marketing content sent by the PolishTrains website.
By accepting these Terms of Service, the User confirms accuracy of the personal data that he/she has provided in accordance with Article 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws of 2002 No. 101, item 926, as amended)
6. MAKING RESERVATION, TICKET PURCHASE, FORMS OF PAYMENT AND DELIVERY OF TICKETS AND INVOICES
The User inquires about the reservation by selecting one of the options of railway connections proposed by the Reservation System and by entering all necessary data into the personal questionnaire.
During the reservation process, the User receives information about the selected connection, ticket price, transaction fee charged by TravelTECH for providing the User with the possibility of using the PolishTrains website and the form of payment. Note – the ticket price and the transaction fee are time varying and depend on the selected connection, and in some cases the transaction fee may be waived. The ticket price is expressed in PLN or in other currency specified in the inquiry form. The ticket price is not guaranteed until the payment is received by PolishTrains. The service will be purchased for the benefit of the customer at the price available at the time of payment or, in the case of payment by electronic payment instrument, at the time of issuing the ticket.
Before confirming the reservation and making the payment, the User is obliged to check the correctness of data entered into the Reservation System, the selected connection (including departure and destination station, class, dates and times of departure and arrival), information on the payment deadline in order to purchase a ticket at the price indicated during the search in the Reservation System and conditions of return/exchange of the ticket.
Purchase of the railway ticket
The User may purchase the railway ticket only if he/she introduces correct personal data to the Reservation System. Before purchasing the ticket, the User must read and accept these Terms of Service and read the terms of the tariff regarding the connection chosen by the User and the discounts offered to the User by the Carriers. The transaction price consists of: the ticket price, a non-returnable transaction fee for providing the User with the possibility of using the PolishTrains website and a fee for delivering the ticket (in the case of paper tickets delivered to the User).
Understanding the conditions governing a given tariff will help the User to choose the most attractive connection in terms of price, and will also minimize the costs of a possible cancellation of a train ticket.
If the price differs considerably from the expected one, please check the dates of departure and return during the neighbouring periods.
After receiving the reservation request, PolishTrains may contact the User in order to verify the User's data and confirm the offer. If the contact with the User is not possible or needed, PolishTrains shall make a reservation in accordance with the request, and if the User pays an amount corresponding at least to the ticket price and other additional fees, PolishTrains shall also buy the ticket.
If the travel requires additional services (e.g. special meal, billing, travelling with an animal, excess baggage, special cabin baggage, unaccompanied child, additional care for the passenger, help for the disabled, cradle and other) please contact us by phone or email.
On some routes, the transport may be carried out partly by other means of transport, e.g. buses (including in Switzerland) – this information shall be indicated directly in the train description, instead of the words: "Train 12345", the words "Car".
PolishTrains recommends caution when ordering connections with short stopovers, as there is a risk of delays in connections provided by carriers.
PolishTrains reserves the right to refuse issuing a ticket if the applied (selected by the User) tariff is not compatible with its destination, in accordance with the terms of sale under a given offer, which are beyond the control of PolishTrains.
These are one-off tickets valid on the route indicated in the ticket and for a particular type of train, e.g. they are not valid in TGV, Eurostar.
Valid for a specified number of days or hours from the expiry date indicated on the ticket – the customer may take a one-off trip at that time.
If the train requires a seat reservation, the User should purchase it for travel.
Forms of payment
The following forms of payment for tickets purchased in the PolishTrains website are accepted:
payment by bank transfer
payment by online transfer
payment by credit card
Payments by bank transfer can be made only for railway tickets booked on the PolishTrains website at least 7 working days before the date of departure date for paper tickets and 5 working days in advance for electronic tickets, if the railway tariff permits. By choosing the "bank transfer" as the payment method, the User is obliged to pay the amount due to PolishTrains for the purchased ticket on time (where the term “on time” is understood as the moment of posting the transfer on TravelTECH account):
24 hours from the moment of booking, if less than 10 days remain until the departure date
48 hours from the moment of booking, if more than 10 days remain until the departure date
Payments by bank transfer should be made to: TravelTECH Sp. z o.o., ul. prof. M. Życzkowskiego 14, 31-864 Kraków, ING Bank Śląski, IBAN account number: 69 1050 1445 1000 0090 8013 9703.
In the transfer title, enter: Reservation No. XXXXXXX, where X is the reservation number. Railway tickets paid by bank transfer are issued by PolishTrains no later than the working day following the date on which the amount due for the ticket purchased by the User has been credited to the above account. Accounting takes place on working days until 17:00. PolishTrains is not responsible for delay in transfer by banks. The User may not lodge claims against PolishTrains for company’s failure to issue the ticket due to delay in transfer from the User's bank account.
Some tariffs allow to issue a ticket within a period not exceeding 72 hours from the moment of reservation or within the period of 24 hours or shorter. Some tariffs must also be purchased in a fixed number of days before departure of the train, e.g. 7 days; 14 days, etc. Failure to meet this deadline means cancellation of the User's reservation. PolishTrains does not bear any liability for cancellation of Users' reservations due to delay in making payments to PolishTrains account, beyond the periods indicated in the ticket order.
Payments by online transfer or by credit card are made through authorised Payment Operators. If during the reservation process the User selects such form of payment for the ticket, after filling in personal data and confirming the Terms of Service, he/she will be redirected to the Payment Operator's website where he/she will make payment for the ticket. Interruption of the purchase process at this stage does not result in payment obligation and does not entail ticket issue. After the correctly completed payment process, the User will be redirected to the PolishTrains website where the ticket purchase confirmation will be displayed.
In the event of payment by online transfer or by credit card, depending on the carrier, the ticket will be issued immediately or by the end of the next working day.
Form and delivery of the purchased ticket
Available forms of the ticket are determined by the Carriers and are made visible during the reservation process:
ticket in electronic form – is generated automatically and delivered by the PolishTrains website in the form of an e-mail message to the e-mail address provided by the User. In some cases, e.g. Thalys train tickets, it is delivered in a separate email directly from the carrier. Note – a ticket sent in electronic form is deemed to be delivered upon correct termination of data transmission related to an email sending on the side of TravelTECH’s infrastructure. If the User is not able to find a message sent from the PolishTrains website, he/she should first check all folders of the used email client where he/she collects unwanted messages (SPAM) and then contact the Call Center of the PolishTrains website to change the email address to which the ticket will be sent again.
ticket printed at the railway station – in order to use this option, if it is available, the User is required to arrive early at the railway station and follow the instructions received in the email sent by the PolishTrains website. The User should print the ticket at least 30 minutes before the train departure. Tickets printed at the station must be validated on the platform/station before entering the train for which the given ticket has been purchased. In the case of several tickets for different trains – they may not be validated at the first station, but must be validated at each station separately before entering the train. After being printed on the station, the ticket is non-returnable and non-exchangeable. It is recommended to print all tickets at the first station due to the fact that printing may not be possible at another station or the time allowed for a change may not be sufficient to do this.
paper ticket – delivered to the address indicated by the User as a courier delivery. Depending on the recipient's country, the ticket may be delivered up to 3 working days (on Polish territory) or even up to 5 days (outside of the European Union) from the moment it is issued.
The form in which a specific ticket is available is determined by the Carrier. It is not possible to re-issue a ticket printed on the station or a paper ticket delivered by courier. The User is responsible for having a valid printed ticket while travelling. Electronic tickets sent by e-mail can be printed many times, but they must be kept on the train in a printed form together with a photograph confirming the identity of the passenger.
Cancellation due to the fault of the carrier
PolishTrains is not liable for any changes and cancellations made by the carrier in the reservations of the Users of the PolishTrains website without its participation. Such information will be sent to the User only if it is obtained from the Carrier. All claims arising from cancellation or change, including delays in connections due to the fault of rail operators, should be sent by the User to the relevant operator. Railway operators bear liability under the conditions set out in Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.
Before making a reservation, the User is required to get acquainted with the indicated terms and conditions of liability.
Refund of the ticket
The User has the right to refund the train ticket purchased on the PolishTrains website, if it meets the conditions of return imposed by the carrier and before the date specified as the date of departure. Paper tickets are returned only after they have been physically sent to PolishTrains (TravelTECH Sp. z o.o., ul. Prof. M. Życzkowskiego 14, 31-864 Kraków). The ticket should be delivered before the expiry of the period in which the return is allowed. If this condition cannot be met, the ticket should be stamped at the railway station as unused and sent to PolishTrains. In this case, however, the Carrier will decide about the return after the complaint procedure. In the event of disagreement regarding the return between persons designated as travellers on railway tickets, the statement of intent made by the person making the payment for the ticket is decisive, unless the persons paying for individual tickets as part of a single reservation are clearly indicated when ordering the ticket. In any case, the return of a ticket entails the deduction of a penalty fee charged by the Carrier and a transaction fee for providing the User with the possibility of using the PolishTrains website.
The selected tariffs do not allow any changes to the ticket and the return of the ticket to the issuer before the start of the travel (cancellation of the journey is associated with a total loss of the payment made).
In order to return the ticket, the User should contact the Call Center by phone (to phone numbers provided in the EuroPodróże website) or by email – by sending a relevant message to the e-mail address of Call Center.
An amount due to the User for the returned ticket shall be sent to the User by the same channel that he/she has used to make the payment for the ticket, within 3 days from the date of receipt by EuroPodróże of the amount from the Carrier. The day of debiting the TravelTECH Sp. z o.o. bank account shall be considered as the day of the refund.
Reserved seats purchased by the User for the ticket – due to the Carriers’ regulations, most often are non-returnable, unless otherwise specified in the course of the transaction process.
Depending on the conditions specified by specific carriers, the User may exchange the purchased ticket for another.
In order to exchange the ticket, the User should contact the Call Center by phone (by calling on the phone numbers provided in the EuroPodróże website) or by e-mail – by sending a relevant message to the e-mail address of the Call Center. In response, the employee of the Call Center will verify the possibility of return and will calculate a possible refund or additional payment. If additional payment is required, an e-mail will be sent to the User containing a link for making payment on the Payment Operator's website.
In the case of a ticket exchange, TravelTECH charges a non-returnable handling fee of 10% of the price of the ticket being exchanged, however, in the amount not less than PLN 5.
Issuing invoices and the manner of their delivery
A digital invoice will be issued for services purchased via the EuroPodróże website or the Call Center. By making a purchase and accepting these Terms of Service, the User agrees to receive electronic invoices as defined in Art. 2(32) pursuant to Art. 106(1) of the Act of 11 March 2004 on Value Added Tax (consolidated text: Journal of Laws of 2011, No. 177, item 1054, as amended).
Depending on the carrier, these will be TravelTECH's own invoices or invoices issued on behalf of and for the benefit of that carrier.
Electronic invoices for services will be delivered to the e-mail address indicated by the User during the reservation process or given in the process of purchasing via the Call Center.
In the case of reservation of services for more than one User, in the event of a failure to indicate the buyer for whom the invoice is to be issued, it will be issued using the details of the first multiple reservation user.
Special regulations regarding the travel of minors
Individual carriers regulate in various ways transfers of minors, in relation to persons under 18 years of age, individual carriers may introduce travel restrictions. Persons under 12 years of age should travel in the care of an adult. Before buying a ticket for a minor travelling alone, the User must verify the possibilities of independent travel in the carrier’s terms and conditions. Examples of SNCF railway regulations are presented below:
Thalys: minors under 12 years of age are not allowed to travel unaccompanied. They must be under the care of an adult person. Minors between 12 and 18 years of age may travel alone and must possess the documents provided for by law and permitting them to leave the country. Providing children with appropriate documents permitting them to leave the country is the responsibility of legal guardians.
Lyria: For safety reasons, children under 12 years of age are not allowed to travel unaccompanied on board TGV Lyria trains. Accompanied travel (parent, legal guardian or an adult to whom parents have entrusted the child) is a condition for the validity of the ticket for children under 12 years of age. The following documents are required for minors entering France:
if they travel unaccompanied: identity document and written permission given by parents.
if they travel under parental care: identity document.
Eurostar: children from 12 to 15 years old can travel unaccompanied on board the Eurostar train, provided that their parent or legal guardian has completed the "Unaccompanied Minor" form. They must be brought to the station by an adult (at least aged 18) who signs the form in the presence of Eurostar crew member. SNCF: there is no age limit imposed by the SNCF for unaccompanied minors. Nevertheless, SNCF is not responsible for them.
Children under the age of 12 are not allowed to travel unaccompanied in TGV France – Spain and TGV France – Italy.
In TGV Paris Luxembourg and TGV France Germany, unaccompanied minors must have permission to leave the territory. This is the rule that applies to all journeys between France and other countries (irrespective of the mode of transport) in accordance with French law.
TGV Bruxelles France: to increase the safety of young travellers on board the TGV Bruxelles-France trains, rules have been set for travelling unaccompanied minors, in particular for children under 12 years of age. Rules: all minors (under the age of 18) unaccompanied by an adult (over 18 years of age) must have the following documents:
consent to leave the territory issued by the local administration.
Unaccompanied minors below the age of 12 are not allowed on board. They must be accompanied by a person over the age of 12. Minors who do not comply with the above requirements are regarded as the unaccompanied minors and:
are not allowed on the train if the check shows that the child would travel alone,
must be escorted to the police station at the destination station if there was no check at the station of departure.
Children under the age of 4 (3+) may travel on parent’s/guardian’s lap.
PThe above examples of regulations may change and depend on internal regulations of the carriers.
Complaints regarding reservations and purchases of tickets may be submitted in writing to TravelTECH's address or via email to the address indicated in the EuroPodróże website. TravelTECH shall inform the User about complaint acceptance and the result of its consideration within 14 days of its receipt or on the date indicated by the Carrier.
TravelTECH informs that if the complaint concerns services provided by other entities, it will inform the User about this fact, at the same time indicating the possibility of lodging the complaint with this entity or will lodge such complaint with User’s authorisation and in agreement with him.
8. FINAL PROVISIONS
TravelTECH reserves the right to unilaterally amend the Terms of Service – while maintaining the principle that the User is bound by the Terms of Service accepted by him during the reservation and enabling access by the Users to archival versions of the Terms of Service. Each customer is obliged to read the Terms of Service before making a reservation and is always bound by the provisions of the Terms of Service valid at the time of reservation and purchase of tickets.
Matters not covered by these Terms of Service shall be governed by the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights. It should be indicated that the services provided by TravelTECH consist in taking factual acts related to the ordering by Users of other entities’ services, therefore Operator’s services are completed at the time of their confirmation – a return or withdrawal is possible only if the relevant Service Provider has clearly indicated it. In the case of consumer disputes, it is possible to use the EU online dispute resolution platform (ODR), which will be made available under the link http://ec.europa.eu/consumers/odr/
TravelTECH shall not be liable for damages to the User resulting from the fact that the trip does not take place due to strike of employees of the carrier and other entities, whose correct actions are necessary for the proper provision of the service purchased by the User, performance of other services listed in the Terms of Service, or as an effect of force majeure, because TravelTECH acts only as an entity that provides an information service, and does not provide these services or suggest the selection of offers of any of the entities.
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