FLYHACKS Terms and Conditions
In these Terms and Conditions of Flyhacks service, hereinafter referred to as „Terms and Conditions„, the words mentioned below shall be understood as follows:
- „Service„ - webpage flyhacks.com with its subpages and local domains,
- „Flyhacks„ - owner of Service, i.e. Flyhacks.com Sp. z o.o. with its registered seat in Warsaw, at ul. Wolność 7D, 01-018 Warsaw, entered into the National Court Register – Register of Entrepreneurs under KRS number 586761, with its registry files located in the District Court for Capital City of Warsaw, 12th Commercial Division, NIP (tax identification number) 5272750999, REGON (statistical identification number): 363032378, share capital: PLN 5000, e-mail address: firstname.lastname@example.org,
- „User„ - natural person, legal person or organizational unit without legal personality, but with statutory legal capacity, using services offered by Flyhacks through Service,
- „Traveller„ – person to use service of air carriage according to contracts concluded through Service. User or any other person appointed by him/her, who has authorized User to act on his/her behalf, can be Traveller,
- „Consumer„ – a person defined as a consumer in applicable provisions of law,
- „Account„ - User’s account as created by User in Service as a result of the registration completed according to the Terms and Conditions,
- „IATA„ – The International Air Transport Association,
- „GDS Carrier„ – entity providing air carriage services, member of IATA and rated among one of the so called regular airlines,
- „LCC Carrier„ – entity providing air carriage services, ranked among the so called low-cost airlines,
- „Carriers„ – GDS and LCC Carriers,
- „Social Networks„ – services such as Facebook.com, Google+, accounts in which let Users create an account in Service,
- „GTCI„ – general terms and conditions of insurance available in Service, being an integral part of Insurance Contract, that provide for entering into and performance of the insurance contract, rights and obligations of the parties thereto as well as the mode of payment of compensation by the Insurer,
- „Insured Party„ – a natural person, a legal person or an organizational unit without legal personality, who has entered into an insurance contract with Insurer, according to definitions of General Terms and Conditions of Insurer (GTCI). In these Terms and Conditions the term “Insured Party„ shall be applied alternatively with “User„, depending on the context
- „Insurer„ – Inter Partner Assistance S.A. Branch Office in Warsaw at ul. Prosta 68, 00-838 Warszawa, registered with the Register of Entrepreneurs conducted by the District Court for the Capital City of Warsaw, 12th Commercial Department of the National Court Register under No. KRS 0000320749, NIP 108-00-06-955, REGON: 141688547, with the share capital of the foreign insurance company Inter Partner Assistance S.A. with its registered seat in Brussels, which has established a branch office, with the share capital of 31,702,613 EUR, regulated by the National Bank of Belgium, permission for activity No. FSMA 0487, belonging to the Axa group;
- „Insurance Contract„ – an insurance contract between the Insurer and User on the basis of GTCI, whereby the Insurer agrees within the range of its enterprise to provide the performance under GTCI in the case of occurrence of an event provided for in Insurance Contract, while User agrees to pay the insurance premium;
- „Request„ – request for Insurance Contract filled out by User in Service with details needed to enter into Insurance Contract (or so submitted through the hotline).
II. GENERAL PROVISIONS.
- These Terms and Conditions describe the rules of providing services by Flyhacks to Users, which services let Users:
- purchase airline tickets and enter into air carriage contracts directly with Carriers,
- enter into the Insurance Contract through Flyhacks,
- create personal Accounts and make use of all their functionalities, including but not limited to using flights browser to purchase airline tickets, including creation of the so called hub flights, so a given route can be done using connecting flights provided by various Carriers,
- use Newsletter service,
- enter into Layover Cover agreement with Flyhacks, compensation seeking
- use the following functionalities: price alert, flight connection information.
- As regards purchasing airline tickets and enabling Users to enter into air carriage contract with Carriers, Flyhacks shall act as follows:
- in respect of agreements between Users and GDS Carriers - as GDS Carriers’ agent or sub-agent of accredited IATA agents acting according to agency agreements concluded with GDS Carriers,
- in respect of agreements between Users and LCC Carriers - as an entity providing User’s declaration of intent to LCC Carrier.
- Flyhacks shall participate in purchasing airline ticket by User according to § 14 - § 17 of these Terms and Conditions, but in none of the cases described in sub-clause 1 of this section Flyhacks shall act as a party to an air carriage contract. In the cases described in sub-clause 1.b, Flyhacks shall not be treated as a representative of any parties to air carriage contract, but it shall enable to User to provide his/her declaration of intent to LCC Carrier and to purchase an airline ticket.
- As regards entering into Insurance Contract, Flyhacks shall act as an intermediary, according to Article 3 Para. 2 of the Insurance Intermediation Act of 22 May 2003.
- The following is pointed out by Flyhacks:
- LCC Carriers shall not be subject of the IATA transportation rules. Air transport provided by the LCC Carriers is based on rules of such entities and provided to User before concluding an air carriage contract. Flyhacks encourages User to read those rules. Once those rules are accepted in the ticket purchase process, they shall be binding upon User.
- the contracts described in sub-clause 1 of this section are performed according to the rules provided for by individual Carriers. Flyhacks encourages User to read those rules. Once those rules are accepted in the ticket purchase process, they shall be binding upon User.
- No special technical requirements have to be fulfilled by User’s computer or any other device to use Service. Internet connection, e-mail address, standard operation system and standard internet browser updated version are sufficient.
- Cookies have to be enabled in the browser for the needs of proper use of Service. Cookies are for maintenance of User’s session. It is possible to delete them afterwards through respective options available in the browser or through other software. Detailed information about cookies can be found in the Cookies Policy - Appendix 1 to the Terms and Conditions.
- Service operates in the Latin alphabet and it does not accept special characters appearing in individual languages.
- It is forbidden to take any actions which may interfere with Service software.
- It is forbidden to add to Service any illegal content, i.e. breaching the binding provisions of law, rules of social life or personal rights of third parties.
- Whilst using Service, User can select the currency from among available options to be the default currency for User’s settlements. This shall mean that:
- all the prices displayed in Service, including but not limited to airline tickets prices, shall be displayed in the currency selected by User,
- the value of coupons or User’s other discounts shall be displayed in the currency selected by User, after the earlier conversion from Euro currency,
- all payments made by User shall be in the currency selected by User.
- Moreover, Flyhacks points out that Euro shall be the main currency in Service. As a consequence, where User selects another currency as his/her default one, Service shall convert the value of coupons and discounts from Euro into that currency.
III. CREATING THE ACCOUNT.
- Flyhacks enables User to create an Account, which gives him/her access to respective functionalities in Service. Flyhacks shall bear costs of Service operation and maintenance. Creating the Account and use of respective functionalities connected with it shall be free of charge for User, however, after obtaining access to free of charge functionalities, User shall have to tolerate e-mail information regarding Service operations as described in § 23 of Terms and Conditions. When User does not want to receive such information any more, he/she shall be entitled to terminate the Account creation agreement any time, according to § 10.2 of Terms and Conditions. At the same time, Flyhacks points out that information described in § 23 of Terms and Conditions as well as Newsletter service provided for in § 20 of Terms and Conditions shall be independent from each other and shall be different each other, especially regarding the frequency of e-mail communication. This provision shall not exclude that Flyhacks may introduce payments for use of some of the functionalities.
- User can create an Account through registration in two ways: either without airline ticket purchase or together with airline ticket purchase.
- If User wants to conclude with Flyhacks an Account creation agreement without airline ticket purchase, he/she should fill in the form available on each page of Service after clicking a respective button on the toolbar.
- Next, User should fill in the form mentioned above providing requested details and click a respective button. It is forbidden to add any unlawful content to the form. The form is considered as offer of Flyhacks to User in respect of entering into the Account creation agreement.
- Before submitting the form, it shall be necessary to accept Terms and Conditions.
- By clicking the button, as mentioned in provisions of sub-clause 4 above, the registration form is submitted to Flyhacks and it is considered as acceptance by User of Flyhacks offer to conclude the Account creation agreement. At that moment, the Account creation agreement between User and Flyhacks shall be concluded.
- The Account creation agreement may be also concluded together with the airline ticket purchase. At the moment when the button finalizing the Account creation is clicked, the Account creation agreement shall be concluded. After clicking the respective button, User has an opportunity to set his/her Account password through a respective function.
- An Account can be created also via Social Network. To this end, a person who wishes to create an Account should select the Social Network through which he/she wants to use Service. At the moment of clicking the button confirming singing in the Social Network, the Account creation agreement shall be concluded.
At the moment when the Account creation agreement is concluded, Flyhacks shall give User access to Service and the functionalities offered by Flyhacks through Service.
Flyhacks recommends User to store all his/her details used to sign in Service in the way which prevents unauthorized persons from having access to them.
- The Account creation agreement shall be concluded for the indefinite period.
- User can terminate the Account creation agreement any time with immediate effect by a respective Account function, sending notice of termination at the Flyhacks address as mentioned in § 1.2 of Terms and Conditions, by e-mail to email@example.com or in any other form.
- Flyhacks can terminate the Account creation agreement subject to the 14-days’ notice, if:
- Flyhacks is under liquidation,
- Flyhacks decides to terminate Service operations because of: amendments to law, judicial or administrative decisions which would unable further Service operations, or because of economic non-viability of Service. The Notice of termination should be sent via electronic mail to User e-mail address provided in Service.
- Flyhacks can terminate the Account creation agreement with immediate effect, if: User breached § 5, or § 7.4 sentence 2 of Terms and Conditions. The notice of termination shall be sent via electronic mail at User’s e-mail address provided in Service.
User, once signed in his/her Account, can use the functionalities available in Service and edit his/her details.
IV. FLIGHT SEARCH.
User can use the flights search engine within Service. In order to do so, User should provide the desired flight direction and preferred dates.
Flyhacks can prepare the so called hub-flight (marked in Service as „hacked„) within flights between various airports, displaying to User the existing options of reaching an airport concerned with use of one or more flights operated by various Carriers.
V. AIRLINE TICKETS PURCHASE.
- User, after signing in the Account or without signing in can purchase airline tickets at Carriers, according to the parameters he/she has specified.
- Payment by credit card shall be the only available payment method.
- User should select the place of departure and arrival, as well as the dates of flights. Next, User should select from among available connections, including hub-flights, the best connection by clicking a respective button at the selected connection.
- Next, User should provide details needed for booking, including but not limited to Passenger’s name and surname, e-mail address, phone number, baggage details, and, where the invoice option has been selected, the details required for invoicing.
- The details displayed at this stage, together with price, baggage details, route and flight dates, shall be an invitation to User by Carrier, and in case of hub-flights – by Carriers, to submit the offer to conclude air carriage contract or contracts. By clicking a respective button, User submits to Carrier, and in case of hub-flights - to Carriers, an offer to conclude air carriage contract. Simultaneously, User submits to Flyhacks an offer to conclude a separate agreement for service that lets User purchase ticket or tickets selected by User through Service.
- Next, the verification of authenticity of the provided credit card data is performed, checking if the card used for the payment has not been blocked and the financial means on the card-linked bank account are sufficient.
- In case of negative verification mentioned in sub-clause 4 of this section, Flyhacks shall contact User and shall have the right to require additional verification of User’s identity by sending to Flyhacks the scan of his/her ID, in particular ID card or passport. Flyhacks shall also have the right to ask User to pay with another card or another means of payment.
- User shall be informed, if the verification according to the procedure described in sub-clause 4 or 5 of this section is positive.
- Next, the verification of availability of the seat on the route and for the price selected by User shall be performed. The verification is connected with the fact that due to the process of real time ticket sale by Carriers based on various sale channels, free seats on the route or for a price displayed to User can be no longer available between the submission of offer by User and reaching that offer to Carrier. The reason for it could be the so called queuing of ticket purchase in the systems of individual Carriers, which is out of Flyhacks’s control.
- If the above mentioned verification of the availability of seats and prices at Carrier is positive, User shall receive his/her airline ticket or - in case of hub-flights - airline tickets at the e-mail address provided in Service. Such e-mail communication shall be considered as an acceptance by Carrier or - in case of hub-flights - by Carriers - of User’s offer to conclude air carriage contract. Simultaneously, such email communication shall be considered as an acceptance by Flyhacks of User’s offer to conclude service agreement that lets User purchase the selected airline ticket or tickets through Service.
- In case of negative verification of the seats and prices availability at Carrier, User shall receive an e-mail at the address provided in Service regarding the non-availability of the seats or seats in the requested price range. Such e-mail communication shall be considered as a rejection by Carrier of User’s offer to conclude the air carriage contract, as well as a rejection by Flyhacks of the offer to conclude service agreement that lets User purchase the selected airline ticket or tickets through Service. That e-mail communication can also include information on current ticket prices for the desired route or on the alternative flight dates. Then, User can submit a new offer to Carriers as well as a new offer to Flyhacks to conclude Service agreement to let User purchase the selected airline ticket or tickets through Service. In case User does not want to use alternative connections, all payments made by User shall be returned within 14 days. In case when User decides to submit a new offer, the payment made by him/her shall be appropriately settled: if the price is lower, the overpayment shall be returned to User within 14 days, and if the price is higher, User shall have to pay the difference in the flight price and transaction fee. In case of submitting a new offer by User, the provisions of sub-clauses 1-8 shall apply accordingly.
- Apart from the price for air carriage, Flyhacks shall charge User with the transaction fee.
- Transaction fee for purchase of additional registered luggage online is 2 Euro for each piece of luggage.
- User agrees to receive e-invoices from both Flyhacks and Carriers.
- In the case of LCC Carriers, Service enables to fill in an additional form for the check-in. If User does not provide check-in data, he/she shall have to bear additional costs at the airport.
- If the ticket purchase procedure is interrupted, Flyhacks can contact User, for instance via e-mail, to help him/her with the ticket purchase procedure and to enable to restore the stage at which the purchase procedure has been interrupted.
- Any modifications of the air carriage contract or resignation from the air carriage shall be possible only if they are allowed by individual Carrier and according to the terms and conditions described in the conditions of carriage of that Carrier. Such modifications can be connected with the need of additional payment in favour of Carrier.
- If an individual Carrier allows any modification to the air carriage contract, then Flyhacks shall make possible that such modification be made by User through Service. Flyhacks shall charge transaction fee for the modification of air carriage contract or resignation from air carriage through Service.
- In case of resignation from air carriage according to the Carriers’ terms and conditions, Flyhacks shall be entitled to retain the transaction fee.
- The modification shall be made according to § 15 of Terms and Conditions applied accordingly.
Flyhacks draws User’s attention to the following:
- to acquaint with visa requirements in both destination country as well as in the layover countries,
- to check the terms and conditions in force at Carriers in respect of the maximum size and weight of the registered and carry-on luggage,
- to verify which objects may be placed in the registered luggage and which are not allowed on the plane,
- to obtain information about custom duty provisions in individual countries, including but not limited to custom duty obligations regarding import and export of particular things,
- to find out if there are any restrictions in the destination country or layover country regarding the maximum amounts of money which can be either brought in or out of those countries,
- to arrive at the airport early enough allowing the time necessary for safety control, pass control and drop off the registered luggage, if any,
- to check carefully the Passenger details provided in Service, because their later change could result in the request of payment of additional fees according to the individual Carrier’s terms and conditions,
- until receiving airline tickets not to make any bookings in the destination country due to airline tickets order queuing system of Carriers described in § 15, including but not limited to booking a hotel, car or local excursions,
- to take into account when planning the travel that during overlays it might be necessary to go again through security check, and as well that it might be necessary to collect again luggage and to check it in again,
- to be aware when planning layovers that at some airports, because of their size, it might be necessary to reserve enough time to transfer between arrivals and departures, and therefore User should obtain such information earlier,
- if the airline ticket purchased by User is a reduced-fare ticket, for example a student ticket, User should carry a valid document giving him/her rights to fare reduction, including but not limited to a school student or University student ID which shall be shown during the check-in together with the airline ticket,
- to make sure that any unauthorized person did not add any objects into User’s luggage.
- User can enter into Insurance Contract through Service or the helpline operated by Flyhacks.
- Insurance Contracts shall be made directly between User and Insurer, provided that Flyhacks shall act in that respect only as Insurer’s intermediary, by way of creating technical conditions for making Insurance Contract in the way specified in Para. 1.
- Insurance Contract between User and Insurer shall be made on the day of payment of the insurance premium in accordance with GTCI in the manner specified in §14.2, if that payment has credited bank account in time of binding force of the price for Insurer, after User has submitted Request through Service before. If Request is submitted without paying the insurance premium, the insurance premium is paid in the amount lower than that specified by Insurer or the insurance premium is paid after the deadline as specified, Insurance Contract shall not be made.
- Insurance Contract may be made in respect of treatment costs, accident insurance, third party liability, luggage delay, theft or robbery, insurance against cancellation charges – based on GTCI (General Terms and Conditions of Insurance).
- Insurance Contract may be made for the term specified in GTCI, not shorter than 2 days and not exceeding 180 days.
- The period of insurance selected by User and the date of commencement and end of the insurance cover is specified in the policy (“Period of Insurance„).
- User should notify Insurer in writing within 7 days after receiving the insurance policy about any inconsistency of the details in the insurance policy with the factual status, including but not limited to the details provided by User in Request, and provide correct details. Once the correct details are provided, Insurer shall made respective amendments, of which it shall notify User by sending a notification of amendments at the email address provided by User
- Rights and obligations of User, the Insured Party and Insurer, description of the performance due under Insurance Contract and the proceedings of pursuing claims due to an event under the insurance cover taking place are specified in GTCI.
- During the term of Insurance Contract User shall be entitled to demand to have the Insurance Contract wording confirmed in writing.
- Entering into Insurance Contract through the website shall take place according to the description in this Section.
- Within the framework of the flight booking process, User shall get an opportunity of additional purchase of insurance to the determined extent. User should first acquaint with insurance-related information available on the website, including but not limited to the content of GTCI being an annex to that information. A declaration about the flight booking together with insurance shall mean User’s declarations about the request to enter into Insurance Contract with Insurer and User’s consent for use of both the details provided while flight booking and for transferring those details (including personal data) to Insurer; this shall also mean the choice of the insurance variant, the period of insurance, the number of insured individuals and the territory of insurance.
- Prior to submitting Request and paying the insurance premium, User should:
- acquaint with the contents of the Terms and Conditions, including but not limited to:
- details of Insurer and of Flyhacks as Insurer’s intermediary,
- address of Insurer and of Flyhacks, email address and phone or fax number of Insurer and of Flyhacks for communication in matters of Insurance Contract,
- address for Customers’ complaints, if not the same as the address mentioned under item b),
- insurance premium total amount and all other costs in connection with Insurance Contract being made,
- method and deadline for the insurance premium payment,
- method and deadline for providing User with the insurance cover by Insurer and the complaint deliberation procedure applied by Insurer,
- method and deadline for performance of the right of withdrawal from Insurance Contract and the form of withdrawal from Insurance Contract,
- potential lack of the right of withdrawal from Insurance Contract or circumstances, when Customer loses the right of withdrawal from Insurance Contract,
- term of Insurance Contract or method and premises for the potential Insurance Contract termination,
- possible use of extra-judiciary complaint deliberation methods, if any, applied by Insurer and possible pursuing claims and rules of access to those procedures.
- acquaint with the contents of GTCI available in Service.
- acquaint with the insurance premium amount mentioned in Service. In order to have the insurance premium calculated User is to specify: the insurance variant, the period of insurance, the number of insured individuals, and the insurance territory. The insurance premium value (price) to be calculated using the insurance premium calculator shall be binding upon Insurer until the date specified as the deadline for payment of the insurance premium. After that date, Insurer shall be entitled to refuse entering into Insurance Contract, despite the insurance premium has been paid.
- User acknowledges and accepts that by clicking the option: “Book this flight with insurance„ mentioned in Para. 2, he/she submits Request to enter into Insurance Contract with Insurer, confirming that he/she has acquainted with the contents of Terms and Conditions, GTCI, information about the insurance premium amount and the information mentioned in Para. 3
- Insurance Contract shall be made on the grounds of Terms and Conditions, GTCI, User’s Request and the calculation of the insurance premium using the insurance premium (price) calculator. Insurance Contract shall be made at the moment specified in §18.3 of Terms and Conditions.
- Insurer shall confirm that Insurance Contract having been made by sending an insurance policy at the email address provided by User in Request together with the information specified in Para. 3, including but not limited to the instruction in the right of withdrawal from Insurance Contract and the form of the declaration of withdrawal.
- Entering into Insurance Contract through the helpline served by Flyhacks shall take place in the manner specified in this Section.
- User provides via phone his/her details needed to fill out the Request, as well as the insurance variant, the period of insurance, the number of insured individuals, the territory of insurance. If User provided in Service the details for the needs of flight booking before, expressing his/her intent to enter into Insurance Contract, Flyhacks shall inform User that those details are to be used for the needs of filling out Request and making Insurance Contract, and it shall collect other details, if any, necessary to make the Insurance Contract.
- Once Request is filled out, Flyhacks shall send to User at his/her email address communicated during the phone conversation:
- Request filled out with the details provided by User by phone;
- appropriate GTCI,
- Terms and Conditions,
- information about the insurance premium amount, method of and deadline for payment of the premium, which is also the term of validity of the offer
- Moreover, together with the confirmation mentioned in Para. 3, Flyhacks, as Insurer’s representative, shall deliver on User the information specified in §19.3 together with the information specified in Para. 3, including but not limited to the instruction in the right of withdrawal from Insurance Contract and the form of the declaration of withdrawal.
- Prior to paying the insurance premium, User should acquaint with the entire confirmation sent to him/her; particularly User should:
- read Terms and Conditions,
- read GTCI
- acquaint with the insurance premium amount, terms and conditions of payment thereof,
- read the content of the offered insurance policy.
- User shall make a declaration to confirm his/her intent to enter into Insurance Contract by clicking a link in the email mentioned in Para. 3, and by paying the insurance premium, which shall be equal to making a declaration of intent to enter into Insurance Contract. Subject to the next sentence, sending such declaration shall be a condition for entering into Insurance Contract according to law – the Consumer Protection Act. Once such declaration is sent, Customer shall pay the insurance premium, which is a condition for entering into Insurance Contract. User acknowledges and accepts that in order to have the premium calculated, User has specified: the insurance variant, the period of insurance, the number of insured individuals, the insurance territory. The insurance premium value provided in the confirmation mentioned in Para. 4 has been calculated using the insurance premium (price) calculator; it shall be binding upon Insurer until the date marked as the date of payment of the insurance premium (date of validity of the offer).
- Insurer shall confirm that Insurance Contract has been made, sending an insurance policy at the email address specified by User in Request.
- The insurance premium amount shall be calculated according to the details provided by User in Request and to the premium schedule in force on the day of sending the Request. If Insurance Contract is made through:
- Service – User shall be delivered with the insurance premium calculation by clicking the button:
- Book & pay with travel insurance, if he/she has chosen to purchase the flight with insurance at once
- Add insurance, if he/she has decided to purchase insurance after purchasing the flight,
- helpline – the amount shall be communicated to User during the conversation, and next, it shall be confirmed, according to §20.
- Payment of the insurance premium by User shall be possible in the manner provided for in §14.2. Payment of the insurance premium shall take place:
- at the moment when the bank account of the payment agent providing services to Flyhacks as the intermediary (within the understanding of §3.3 of these Terms and Conditions) is credited with the insurance premium, if Insured Party pays it via bank transfer or with a payment card;
- at the moment of giving cash to Flyhacks as the intermediary (within the understanding of §3.3 of these Terms and Conditions), if Insured Party pays the premium in cash.
- User shall be charged with costs of connecting Service, pursuant to his/her telecom operator’s prices.
- User shall not be charged with any other costs connected with entering into Insurance Contract, except for the insurance premium and costs of connecting Service or the helpline (if User calls the helpline), pursuant to his/her telecom operator’s prices.
- In order to enter into Insurance Contract, the insurance premium should be paid by the deadline specified to User. If that deadline is not met, the term of validity of Request shall expire with no insurance cover being activated.
- Subject to Para. 4, Consumer User shall be entitled to withdraw from Insurance Contract without giving reasons and without extra costs, making a respective declaration (notice) in writing to Insurer within 30 days, starting from the day of confirming with the insurance policy the information about entering into Insurance Contract, pursuant to §19.7 or §20.7
- In the event of User’s withdrawal from Insurance Contract, Insurance Contract shall be deemed as not made, and Consumer User shall be discharged from any obligations. Subject to Para. 3, what the parties have performed shall be reimbursed in the unchanged condition (unless a change was necessary to the extent of the daily business) within thirty days:
- from the day of withdrawal from Insurance Contract – in the case of Consumer User,
- from the day of receiving a declaration of withdrawal from Insurance Contract – in the case of Insurer’s performance.
- Withdrawal from Insurance Contract shall not release User from the obligation of payment of the insurance premium for the period of providing insurance cover by Insurer.
- Insurance Contract shall terminate:
- except as otherwise stated in GTCI – once the Period of Insurance elapses;
- on the day Insurer or intermediary (Flyhacks) is delivered with the notice of withdrawal from Insurance Contract.
- If Insurance Contract is made through the website or the helpline, Insured Party, who is Consumer, shall be entitled to withdraw from Insurance Contract with the Period of Insurance of at least 30 days within 30 days after he/she is informed about Insurance Contract having been made.
- If Insurance Contract is made directly, Insured Party shall be entitled to withdraw from Insurance Contract, if it is made for the Period of Insurance exceeding six months, within 30 days, and if Insured Party is an entrepreneur – within 7 days after the day of entering into Insurance Contract.
- Exercising the rights mentioned in Para. 5, Para. 6 above shall not release Insured Party from the obligation to pay the insurance premium for the period of insurance cover having been provided by Insurer.
- Insured Party shall be entitled to be refunded with the insurance premium for the non-consumed period of insurance cover in proportion to the non-consumed Period of Insurance, calculated starting:
- for the events mentioned in Para. 1.2) of this Article – after the day following the day of being delivered with the notice of withdrawal;
- in the event of death of Insured Party - after the day following the day of death.
- In order to withdraw from Insurance Contract and claim the insurance premium refund, Insured Party shall be obliged to deliver to Insurer or to intermediary (Flyhacks) a respective declaration (notice) in writing in respect of withdrawal from Insurance Contract. The day of delivery of that declaration to Insurer and/or to Flyhacks as the intermediary (within the understanding of §3.3 of Terms and Conditions) shall be deemed as the day of withdrawal from Insurance Contract.
- In order to claim the insurance premium refund in the event of death of Insured Party, a claiming individual shall be obliged to submit to Insurer the abridged certificate of death of Insured Party and an insurance premium refund request in writing.
- Except for the right to pursue claims in court proceedings, Consumer User or another person entitled under Insurance Contract, who is Consumer, shall be entitled to request from the Financial Ombudsman to conduct the proceedings in the matter of extra-judiciary settlement of Insurance Contract-related consumer dispute. The Financial Ombudsman is an entity entitled to conduct proceedings in the matter of extra-judiciary settlement of consumer disputes, according to the Act of 23 September 2016 on Extra-Judiciary Settlement of Consumer Disputes. More information about it available at the website of the Financial Ombudsman: https://rf.gov.pl
- It is possible to conduct extra-judiciary proceedings to settle a dispute between Consumer User residing within the territory of the European Union or another person entitled under Insurance Contract, who is Consumer, and Insurer through the ODR web platform at: http://ec.europa.eu/consumers/odr/. Insurer’s email address: firstname.lastname@example.org.
- Complaints concerning Insurance Contract shall be filed:
- in writing:
- personally in Insurer’s registered seat;
- by mail sent at Insurer’s address:
Dział Jakości/Quality Dept.
ul. Prosta 68; 00-838 Warszawa
- by email sent at: email@example.com according to rules under GTCI.
- The complaint should include the following:
- customer’s name, surname;
- customer’s full mailing address or email address for delivery of the response;
- specification of Insurance Contract the complaint concerns;
- description of the complained issue and the subject matter and circumstances to justify the complaint;
- actions expected by the customer;
- if the customer expects a response by email – the customer’s request in this respect.
- If any additional request-related information needs to be obtained while deliberating the complaint, Insurer shall inform the customer about it, to have provided by the customer any and all information and details requested by Insurer to the extent and for the purpose as necessary to deliberate the complaint.
- Insurer shall give response without unnecessary delay, not later however than within 30 days after being delivered with the complaint. In order to observe this deadline, it is sufficient to send the response before it elapses.
- In especially complicated cases, preventing from deliberating the complaint and giving response by the deadline specified in Para. 10, Insurer shall explain the reason of delay, specify the circumstances to be found in order to deliberate the case, set forth the expected deadline for deliberation of the complaint and giving response.
- Insurer’s response shall be sent at the mailing address specified in Para. 8.2), unless the customer has requested sending it by email; then, it shall be sent by email at the email address specified in Para. 8.3).
- To the extent not regulated in the procedure of complaining mentioned above, provisions of the Act of 5 August 2015 on deliberating complaints by financial market entities and on the Financial Ombudsman shall apply.
- Customer may submit a request to the Financial Ombudsman to deliberate his/her case.
- Any disputes arising from or connected with Insurance Contract shall be settled by the court having general jurisdiction or the court with jurisdiction over the place of residence or registered seat of User (policy holder), insured or entitled under Insurance Contract, and, in the event of pursuing claims by a heir of an insured person or a heir entitled under Insurance Contract - by the court with jurisdiction over the place of residence of a heir of an insured person or a heir entitled under Insurance Contract.
- Insurer shall be the controller of the personal data sent in Request and of other data provided due to Insurance Contract being made or performed.
- Personal data sent in Request shall be processed for the needs of performance of Insurance Contract and for performance of lawfully justified goals to be achieved by the data administrator. Subject to the separate consent of User, personal data shall be also processed, in order to send commercial information in the understanding of the Act of 18 July 2002 on Services Provided Electronically at the email address provided by User, or to use telephone, email, automatic calling system or other means of communication, in order to offer to enter into Insurance Contract.
- User shall be entitled to access to his/her personal data and to correct them.
- Providing the personal data specified in Request shall be voluntary.
- Before providing personal data of other individuals, User – in the case of entering into the Insurance Contract on account of third parties – should receive their consents to provide their data to Insurer.
- Flyhacks points out not to be a party to air carriage contracts. Such contracts are concluded between Carrier and User. Therefore, User shall make any claims regarding non-performance or inappropriate performance of such agreements against individual Carrier.
- Flyhacks points out that Carriers shall be liable for non-performance or inappropriate performance of air carriage contract according to the provisions described in Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (OJ EUL 2004.46.1).
- Flyhacks points out not to be a party to insurance contracts. Such contracts are concluded directly between Insurer and User. Therefore, User shall make any claims regarding non-performance or inappropriate performance of such contracts directly against Insurer.
- As regards Non-Consumer Users, Flyhacks shall be liable for non-performance or inappropriate performance of any agreement concluded between Flyhacks and Non-Consumer User only in respect of the amount of the transaction fee paid to Flyhacks based on the agreement which non-performance or inappropriate performance concern claims of Non-Consumer User. Flyhacks shall not liable for any lost profits of Non-Consumer User.
- The foregoing provisions shall not apply to Consumer Users.