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: email@example.com;
- „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” - person defined as a consumer according to 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;
- “Insurer” – Inter Partner Assistance S.A. Branch in Poland with its registered seat in Warsaw at ul. Prosta 68, 00-838 Warszawa, registered in 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, share capital of the foreign insurance company Inter Partner Assistance SA with its registered seat in Brussels, which established a branch, 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 firstname.lastname@example.org 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.
- 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 specified in GTCI of payment of the insurance premium in the manner according to §14.2, if that payment credited Insurer’s 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 or the insurance premium is paid after the deadline as specified, Insurance Contract shall be not made.
- Insurance Contract may be made in respect of medical expenses, consequences of accidents, civil liability, baggage, cancellation insurance – based on the General terms and conditions of travel insurance for Customers of Flyhacks.com Sp. z o.o.
- 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 to provide correct details. Once the correct details are provided, Insurer shall made respective changes, of which it shall notify User by sending a notification of changes to 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 submission of the request to enter into Insurance Contract with Insurer and User’s consent for use of both the details provided at the 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, once Flyhacks and Insurer confirm the details provided by User in Request and once the insurance premium is paid, subject to the stipulation in Para. 3 c).
- Insurer shall confirm that Insurance Contract has 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
- information that a declaration is needed, in order to enter into Insurance Contract, and instruction how to make a binding declaration of acceptance of Insurer’s 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.
- 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).
- 7.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 flight with travel insurance”, if he/she has chosen to purchase the flight with insurance at once
- “Buy 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.
- The day when the amount equal to the insurance premium amount is at Insurer’s disposal according to the method of payment selected by User shall be deemed as the day of payment.
- 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 in writing to Insurer within 30 days, starting from the day of confirming by the insurance policy the information about making 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 the Insurance Contract shall not release User from the obligation of payment of the insurance premium for the period of providing insurance cover by Insurer.
- The right of withdrawal from Insurance Contract shall not be vested in Consumer User in the case of Insurance Contract concerning travel and baggage or other similar elements, if it was made for the term not exceeding thirty days.
- 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: email@example.com.
- 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: firstname.lastname@example.org according to rules under GTCI
- 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.
- Inter Partner Assistance S.A. Branch in Poland with its registered seat in Warsaw at ul. Prosta 68 (Insurer) shall be the administrator 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.
VIII. LAYOVER COVER.
- While concluding the air carriage contracts as described in Appendix 2 to Terms and Conditions, User can conclude the Layover Cover agreement with Flyhacks. To do so, User should select a proper option. Flyhacks can also make an option Layover Cover available to selected Users within the framework of a given airline ticket purchase, without any need of additional declaration of intent to be made by User.
- The Layover Cover detailed conditions are described in Appendix 2 to Terms and Conditions.
- At the moment when Flyhacks obligations towards User resulting from Layover Cover are fulfilled, User shall assign to Flyhacks the receivables due to User from Carrier because of an event covered by Layover Cover up to the amount corresponding to the value of performance made by Flyhacks to User within the scope of Layover Cover.
- By choosing and purchasing „Hacked Flight” within Layover Cover, the Passenger accepts that in the event of flight cancellation through airlines’ fault Flyhacks.com shall act on behalf of the Customer in order to fulfill the Layover Cover as well as to execute reimbursement of flight ticket costs and to obtain any possible compensations. Flyhacks.com, as the claimant of said compensations and reimbursement shall use these funds to fulfill and execute Layover Cover and the remaining funds shall be refunded and transferred to the Customer.
- By choosing “Hacked flight” within Layover Cover, the Passengers hands over to Flyhacks.com company all of his/hers rights, titles and claims arising against all possible carriers or airfields, relating to the matter directly or indirectly, or which would arise on the basis of services provided by Flyhacks.com, on the basis of Regulation EC no. 261/2004 of the European Parliament and the European Council, dated 11 February 2004, which established universal principles on compensations and helping passengers in the event of delays, changes or cancellations of flight connections or denied boarding (hereinafter the “Claim”). The Passenger agrees to provide Flyhacks.com or authorized by Flyhacks.com partner, contractor or service provider with all necessary data, documents and information, as well as to assist in order to improve, enable or facilitate Claims or redresses by Flyhacks.com or Flyhacks.com contractors or partners. Thus, the Passenger accepts and is hereby given notice that the above statement is a necessary prerequisite and irrevocable consent, on the basis of which the Passenger can benefit from Flyhacks’ services and receive flight tickets and services. The Passenger agrees and declares that the above is an appropriate and legal fare for being able to use Flyhacks’ services. In certain cases, the Passenger undertakes to send a Claim personally via Flyhacks website, special e-mail invitation or website of the authorized partner or contractor, providing necessary and true data as well as to appoint in the online form Flyhacks’ bank account number, which would be provided to the customer before filing the Claim and from which the remaining funds from the possible Claim shall be transferred to the Customer’s account, as the claimant.
- The Passenger, by using the services of Flyhacks.com, authorizes the Flyhacks.com company and its authorized contractors, partners and service providers to represent the Passenger in the process of enforcement of all Claims against selected carriers and to exercise legal actions or to take any other necessary steps on the behalf of the Passenger, for which, in case of succeeding in establishing a positive case-law and obtaining reparation or compensation, Flyhacks.com company and its partner, contractor or service provider, participating directly or indirectly in the Claim enforcement process, are entitled to remuneration by commission of from 35% to 100% for every successfully enforced Claim. The commission amount is directly dependent on the additional costs incurred on the basis of the Layover Cover, which the applicant or whom the Claim concerned benefited from, with Flyhacks.com or its partner, contractor or service provider acting on the behalf of the Claim applicant.
IX. PRICE ALERT.
- User can also benefit from the price alert service.
- To do so, User should specify the flight route, the period during which the price is to be monitored and the price level, about which Flyhacks is to inform User.
- When the price on the flight route so chosen by User reaches the level appointed by User, Flyhacks shall inform about it User via e-mail.
- It shall not be necessary to create an Account to benefit from Price Alert service.
X. FLIGHTS INFORMATION.
According to § 7.1 of Terms and Conditions, User can create and use the Account free of charge, however User shall receive from Flyhacks e-mail information about interesting flight connections or other services accessible via Service.
XI. COMPENSATION SEEKING.
- Flyhacks can introduce solutions to let Users conclude agreements with entities offering assistance with seeking compensation from Carriers for payment of compensation according to regulations of airline passenger rights, including but not limited to flight delay or cancellation. In order to use such service of a company independent from Flyhacks, User has to fill in the form available in Service or sent to User by e-mail.
- The compensation seeking service described in §24 shall not concern flights under the Layover Cover.
- All complaints regarding Services by Flyhacks shall be filed to Flyhacks via contact form on www.flyhacks.com/contact, electronic mail at the following e-mail address email@example.com, in mail directly to Flyhacks address provided in § 1.2 of Terms and Conditions or in person for the record in the Flyhacks office as described in § 1.2 of Terms and Conditions.
- The complaint should include User’s details which are necessary to send information about the outcome of deliberation of the complaint and the description of irregularities in Service performed by Flyhacks.
- Flyhacks shall deliberate the complaint and inform User within 14 days from the day of receiving it after the outcome of deliberation of the complaint.
- Complaints connected with non-performance or inappropriate performance of air carriage contract shall be filed directly with Carriers according to the rules in their terms and conditions and in applicable provisions of law.
- Insurance Contract-related complaints shall be filed at Insurer’s, according to Section § 23.3.
XIII. THE RIGHT OF WITHDRAWAL FROM SERVICE AGREEMENT.
- Subject to sub-clause five of this section, if User is Consumer, he/she shall have the right to withdraw from Flyhacks service agreement without giving reason. The period of withdrawal shall elapse after 14 days from concluding an agreement.
- In order to use the withdrawal right, User must inform Flyhacks about his/her decision about the withdrawal by means of a clear statement (for instance a letter sent at the address of Flyhacks office or via email to firstname.lastname@example.org). User can use the form of withdrawal from Appendix 3 to Terms and Conditions, however this shall not be compulsory.
- In order to observe the period of withdrawal, it shall be sufficient for User to send information about performance of the withdrawal right before the withdrawal period elapses.
- In case of withdrawal from agreement with Flyhacks, Flyhacks shall return immediately to User the transaction fee, and in each case not later than 14 days from the date of receiving the information on withdrawal. Flyhacks shall make the return payment in the same way as the payment has been received during the original transaction, unless User clearly agreed for a different solution, in each case User shall not be charged with any costs connected with such return.
- If User requested Flyhacks service to be fully performed before the period of withdrawal elapses, Consumer shall lose the right to withdraw from agreement with Flyhacks concerning that service.
- Flyhacks points out that the withdrawal right as described in this sub-clause in any case shall not apply to air carriage contracts concluded between User and Carriers via Service.
- Withdrawal from Insurance Contract shall take place according to §22
XIV. PERSONAL DATA.
- In order to benefit from services available in Service, User has to fill in respective forms. It is required to provide particular personal data there. Also in correspondence with Flyhacks User can provide his/her personal data to make possible to Flyhacks to respond.
- Providing personal data shall be voluntary, however it shall be necessary to benefit form services offered in Service.
- All personal data provided to Flyhacks by Users are processed according to the provisions of Polish law, first of all Act of 29th of August 1997 on Personal Data Protection, and Act of 18th of July 2002 on Rendering Electronic Services.
- Flyhacks shall be the personal data administrator, subject to Para. 4
- Flyhacks can entrust another entity with processing provided personal data of Users, according to an agreement concluded with such entity.
- In order to perform services available in Service, access to User’s data shall be given in particular to Carriers with whom User concludes air carriage contract.
- User shall have the right to access to his/her personal data and to modify them. Flyhacks notes that at modification of data on airline ticket, rules described in § 16 of Terms and Conditions shall apply.
- As regards the data given to Carrier, the request described in sub-clause 1 of this section should be directed also to the Carrier concerned.
- Flyhacks shall process Users’ personal data and shall use them within the scope and for the purpose necessary for performance of services offered through Service.
- On the grounds of Newsletter agreement, Layover Cover agreement or User’s consent Flyhacks shall be entitled to send to e-mail addresses or phone numbers given by User business information within the scope of direct marketing, including information sent via end devices (for instance computer, server) or automated calling systems.
Personal data collected by Flyhacks can be transferred to state authorities authorized according to binding provisions of law.
Flyhacks shall use technical means required by then binding provisions about personal data protection to prevent unauthorized persons from obtaining and modifying personal data provided by electronic means.
User shall have no opportunity to benefit from services provided through Service anonymously or under a nickname.
- Flyhacks shall also register User’s IP address from which he/she would be accessing Service.
- Based on User’s IP address and location connected with it, Flyhacks shall optimize the content of Service to match the needs of User to the best extent possible.
XV. FINAL PROVISIONS.
Flyhacks informs that under the following website address http://ec.europa.eu/consumers/odr/ one can find an internet platform for dispute settlement regarding the distance agreements concluded between Consumers and entrepreneurs. The platform is a point of access to Consumers and entrepreneurs who would like to apply the extrajudicial settlement of consumer disputes considering online transactions.
- Flyhacks shall be entitled to modify Terms and Conditions unilaterally; according to the rules described in the provisions of this section and only if one of the following reasons occurs:
- Flyhacks introduces new services connected with the subject matter of Service, for instance new solutions concerning luggage, airport transfer, transfers from airport to the location chosen by User, accommodation bookings, booking of trips or tourist attractions on the destination, flight or stay insurances, in case any of those reasons occurs, Terms and Conditions may be amended within the scope necessary to introduce such services to Terms and Conditions,
- amendments to provisions of law, which would cause the need of modification of the provisions of Terms and Conditions, including but not limited to provisions about consumer protection, electronic services, personal data protection; in case any of those reason reasons occurs, Terms and Conditions may be amended within the scope needed to adapt them to new requirements of law.
- In case one of the above-mentioned reasons occurs, Flyhacks shall send Users information about the planned modification of the Terms and Conditions with link to the new content of Terms and Conditions to the emails provided in Service at least 14 days before amendments enter into force.
- User who does not accept planned amendments can terminate the Account creation agreement in Service according to the rules described in § 10.2 of Terms and Conditions. If User does not terminate the Account creation agreement before the date when new Terms and Conditions enter into force, then they become binding upon User on the date mentioned as the date the new Terms and Conditions enter into force.
- As regards Non-Consumer Users, all their disputes with Flyhacks shall be under the jurisdiction of Polish courts. Such cases shall be submitted to the settlement of the court that has jurisdiction over the address of the place of business of Flyhacks.
- Provisions of the sub-clause above shall not apply to Consumer Users.
- Agreements concluded between Flyhacks and Non-Consumer User shall be governed by provisions of Polish law.
- Agreements concluded between Flyhacks and Consumer User shall be governed by Polish law, provided that such choice of law shall not deprive Consumer legal protection he/she obtained according to provisions, which may not be excluded under an agreement, or under law, which would be applicable in case Polish law have not prevailed.
Terms and Conditions can be found on https://flyhacks.com/terms_and_regulations and in Flyhacks office as described in § 1.2 of Terms and Conditions.
1. DEFINITION OF TERMS & GENERAL INFO
- 1.1. Hacked Deal – an itinerary that consists of several flights, each one purchased separately from the airline and, subsequently, put together by Flyhacks in order to offer a substantial saving to the Traveller. Such flights are not covered by the airlines transfer guarantee or interlining agreements, but have been covered by the Layover cover, as per the terms stipulated in point VIII above. The Hacked Deal may further also be referred to as the “Connecting Flight” or the “Trip”, depending on context.
- 1.2. Connecting flight – a flight that requires the Traveller to make a transfer to another flight at an intermediate stop en route to the final destination.
- 1.3. Itinerary change – an unexpected event whereby one leg of the Connecting Flight is delayed, cancelled or rescheduled by the airline so that the Traveller misses the subsequent flight at the point of transfer and/or does not make it to his/her final destination.
- 1.4. Force majeure - includes every event which could not be rationally foreseen, resisted or prevented, including but not limited to such events as: wars, floods, fires, natural disasters, weather conditions, volcanic eruptions, terrorist attacks, strikes, blockades, hacker attacks, malfunctions of the Internet network, computer viruses, etc.
- 1.5. Layover cover – service that the Traveller may be offered with on the chosen routes and connection marked as Hacked Flights and/or consisting of different low cost carriers itineraries under one reservation; the service is available for every Traveller buying a ticket through third party metasearch engine consisting of different low cost carriers itineraries.
- 1.6. Assistance services – services connected with the provision of Layover Cover which may be additionally granted to the Traveler in the following cases:
- 1.6.1 if a flight departure has been rescheduled and the need for overnight stay longer than 8 hours occurs, or if such is stay is the result of the Alternative Connection offered to the Traveler, Flyhacks may refund the cost of one overnight accommodation up to 50 Euro per Traveler on the day of the occurrence.
- 1.6.2 If due to the Itinerary Change, the Traveller will have to spend more than 4 extra hours at the connecting point Flyhacks may also refund expenses on meals & beverages up to 10 Euro per Traveller per day.
- 1.6.3 To receive the refund the Traveller should contact Flyhacks as soon as possible via phone and present receipt(s) no later than 14 days after the occurrence. The refund processes may take up 10 days after receipt of complete documentation. The documentation should be send to the address: Flyhacks.com Sp z o.o. Wolnosc 8d street Warsaw 01-018 Poland.
- 1.7. The amount of Assistance Services provided within the Layover cover is subject to the total Liability Cap stipulated in art. 2.3 hereof.
2. PROVISION OF THE LAYOVER COVER
- 2.1. Flyhacks provides a set of assistant services (“Layover Cover”) only in relation to the itineraries marked as Hacked Deals or for every Traveller buying a ticket through third party metasearch engine and strictly under the conditions stipulated herein.
- 2.2. In case of the Itinerary Change Flyhacks will offer to the Traveller the cheapest alternative connection possible; by air or by other means of transport (if preferred by the Traveler) and bear the related expenses (subject to restrictions laid out in theses T&Cs) so that the Traveller can reach his/her final destination or at the Traveller’s request, return to the point of origin (hereinafter referred to as “Alternative Connection”), including taxi voucher or relevant up to EUR 100 that would allow the Traveller getting from Airport A to B if it is necessary for reaching the final destination.
- 2.3. The maximum amount of liability under the Layover Cover (including the combined total cost of Alternative Connection and all Assistance Services) is limited to:
(hereinafter referred to as “Liability Cap”)
- 250 Euro per Traveller for flights within one continent
- 700 Euro per Traveller for Intercontinental flights
- 2.4. If the Traveller is not satisfied with the Alternative Connections proposed to him/her by Flyhacks, the Traveller can propose his/her own Alternative Connection provided that the Traveller’s Alternative Connections is priced on par or lower than the Alternative Connections proposed by Flyhacks.
- 2.5. The Alternative Connection should enable the Traveller to continue his/her trip no later than within 72h from the time when the Itinerary Change was notified to Flyhacks or, in case when the Trip has not yet started, within 72h from when the Trip was scheduled to begin.
- 2.6. In case where the cost of the cheapest possible Alternative Connections exceeds the Liability Cap, Flyhacks will cover the costs up to the Liability Cap only and the Traveller will cover any value over that amount, whereas Flyhacks is not obliged to temporarily cover the excess for the Traveller. The Traveller will provide Flyhacks with the valid credit card details to which any amounts exceeding the Liability Cap will be charged.
- 2.7 In case Flyhacks.com is not able to provide any Alternative Connection that starts within 72h (which means that Flyhacks is not able to provide alternative connetion that starts within 72h ) the Traveller will be refunded the value of the Liability Cap. By doing so Flyhacks will have met all the obligations resulting from the Layover Cover and the Traveller will have no further claims to Flyhacks.
- 2.8 For each case when the flight was cancelled before planned departure; or there was lost connection on any leg of the trip, passenger may choose one: getting full refund or getting an offer of alternative connection.
3. THE LAYOVER COVER - TRANSFER TIMES:
- 3.1. The Traveller is expected to proceed efficiently to the next flight at the point of transfer. The following transfer times will be deemed sufficient for the Traveller to complete the transfer (hereinafter referred to as “Minimum Transfer Window”):
- The Traveller has 60 minutes for transfer when travelling without check-in luggage within the same airport;
- The Traveller has 90 minutes for transfer when travelling with check-in luggage within the same airport;
- The Traveller has 120 minutes for transfer and the transfer requires changing terminals within one airport and the Traveller is traveling with or without check in luggage within the same airport;
- The Traveller has 180 minutes for transfer and the transfer requires changing airports within the same metropolitan area [area officially considered as a metropolitan unit according to IATA Official City Codes will be deemed authoritative] and the Traveller is traveling with or without check in luggage.
- 3.2. In case of any disagreement between the Traveller and Flyhacks if the Traveller had enough time to transfer (Minimum Transfer Window), data from flightstats.com will be deemed authoritative.
- 3.3. If the Traveller has not succeeded in making the transfer in spite of there having been at least the amount of time as the Minimum Transfer Window, the Layover Cover will not come to effect.
4. THE LAYOVER COVER – OTHER CONDITIONS
- 4.1. The Layover Cover comes into force provided that:
- The Alternative Connection has been booked via Flyhacks.
- The Traveller has notified Flyhacks of the need to use the Layover Cover immediately on learning of the Itinerary Change by phone using the number +44 203 769 21 17. The notifications are received 24 hours a day, 7 days a week.
5. THE LAYOVER COVER – EXCEPTIONS
- 5.1. In case the airline and/or the airport provides or is obliged to provide the Traveller with an any alternative flight connection or other assistance services (including food or hotel) Flyhacks will be released from the obligation to cover the cost of any such corresponding services under the Layover Cover.
- 5.2. Any extra services or upgrades will not be covered by Flyhacks Layover Cover, excluding any need of transport necessary in order to get from Aiport A to Airport B.
- 5.3. The Layover Cover is deemed null and void if the Traveller has modified his/her booking without approval from Flyhacks.
- 5.4. The Layover Cover does not apply in cases when the Itinerary Change was caused by extraordinary circumstances including Force Majeure.
- 6.1. In order to benefit from the Layover Cover, the Traveller will be required to cooperate with Flyhacks during and after the travel has finished – in particular send all requested by customer service documents, e.g. send a scan of id/passport, certificate of flight irregularity, travel documents.
- 6.2 By choosing and purchasing „Hacked Flight” within Layover Cover, the Passenger accepts that in the event of flight cancellation through airlines’ fault Flyhacks.com shall act on behalf of the Customer in order to fulfill the Layover Cover as well as to execute reimbursement of flight ticket costs and to obtain any possible compensations. Flyhacks.com, as the claimant of said compensations and reimbursement shall use these funds to fulfill and execute Layover Cover and the remaining funds shall be refunded and transferred to the Customer.
- 6.2.1 By choosing “Hacked flight” within Layover Cover, the Passengers hands over to Flyhacks.com company all of his/hers rights, titles and claims arising against all possible carriers or airfields, relating to the matter directly or indirectly, or which would arise on the basis of services provided by Flyhacks.com, on the basis of Regulation EC no. 261/2004 of the European Parliament and the European Council, dated 11 February 2004, which established universal principles on compensations and helping passengers in the event of delays, changes or cancellations of flight connections or denied boarding (hereinafter the “Claim”). The Passenger agrees to provide Flyhacks.com or authorized by Flyhacks.com partner, contractor or service provider with all necessary data, documents and information, as well as to assist in order to improve, enable or facilitate Claims or redresses by Flyhacks.com or Flyhacks.com contractors or partners. Thus, the Passenger accepts and is hereby given notice that the above statement is a necessary prerequisite and irrevocable consent, on the basis of which the Passenger can benefit from Flyhacks’ services and receive flight tickets and services. The Passenger agrees and declares that the above is an appropriate and legal fare for being able to use Flyhacks’ services. In certain cases, the Passenger undertakes to send a Claim personally via Flyhacks website, special e-mail invitation or website of the authorized partner or contractor, providing necessary and true data as well as to appoint in the online form Flyhacks’ bank account number, which would be provided to the customer before filing the Claim and from which the remaining funds from the possible Claim shall be transferred to the Customer’s account, as the claimant.
- 6.2.2 The Passenger, by using the services of Flyhacks.com, authorizes the Flyhacks.com company and its authorized contractors, partners and service providers to represent the Passenger in the process of enforcement of all Claims against selected carriers and to exercise legal actions or to take any other necessary steps on the behalf of the Passenger, for which, in case of succeeding in establishing a positive case-law and obtaining reparation or compensation, Flyhacks.com company and its partner, contractor or service provider, participating directly or indirectly in the Claim enforcement process, are entitled to remuneration by commission of from 35% to 100% for every successfully enforced Claim. The commission amount is directly dependent on the additional costs incurred on the basis of the Layover Cover, which the applicant or whom the Claim concerned benefited from, with Flyhacks.com or its partner, contractor or service provider acting on the behalf of the Claim applicant.
WITHDRAWAL FORM - TEMPLATE
(this form should be filled in and sent only in the case of a wish to withdraw from the agreement)
FLYHACKS.COM SP.Z O.O.
ul. Wolność 7D, 01-018 Warszawa,
I/we(*) hereby inform of my/our(*) withdrawal from the agreement for the following service(*):
Date of the agreement:………………………………………
Consumer’s name: ………………………….………………………………………………………………
Consumer’s address: ……………………………………………………..………………………………………………….
(only if the form is sent as a hard copy)
(*) delete if inapplicable