Menu

TERMS OF SERVICE

GENERAL INFORMATION

  • § 1. GENERAL INFORMATION

    1. These Terms specify the rules for using the “Booking System” for third party services offered via the www.esky.ie website and the Call Center, including booking and purchase of: Air Tickets, Travel Insurance, Hotel Services, Travel Packages, Charter Flights, Train Tickets and other services made available within the Booking System.
    2. The Administrator of the flight Booking System is eSky.pl Spółka Akcyjna, with its registered office in Radom, 8 Jagielloński Square, registered in the XIV Commercial Division of the National Court Register kept by District Court for the Capital City of Warsaw, under the reference number 0000383663, VAT identification number: 9481987199, REGON 670140736, share capital 990 471 PLN paid in full,, which is a Value Added Tax payer, further referred to as eSky.
    3. Using the Booking System and Call Center services (at telephone numbers available via the www.esky.ie website) requires the acceptance of all the following provisions of these Terms. Acceptance constitutes a declaration of intent and creates legal obligations between the User and eSky Service Provider.
    4. The User is entitled to copy, reproduce and save the content of these Terms free of charge, without the right to its commercial distribution.
    5. Each User shall comply with these Terms the moment they undertake actions with the aim to use the Booking System.
    6. The booking and purchase of specific products available in the Booking System are an individual transaction carried out by the User each time and subject to terms and conditions specified by each third party. The purchase of each product is subject to customised terms and conditions specified for each service available in the Booking System.
    7. Due to different terms and conditions of Carriers' fares, it is recommended to arrive at the airport at least 3 hours before the scheduled departure of the flight in order to avoid organizational difficulties in providing the service.
  • § 2. DEFINITIONS

    1. Booking System – a programme managing transaction processes available via the www.esky.ie website and via the Call Center enabling the User to:
      1. search domestic and international flights between any two cities, price these flights and purchase air tickets,
      2. price and purchase travel insurance,
      3. search and order hotel services in any city (home and abroad), in any timeframe,
      4. searching for domestic and international railway connections on any defined railway route and making a valuation of these connections and purchasing a train ticket,
      5. customize suggestions for the services listed in points a-d thanks to a geolocation based User Information System (by identifying a computer's IP address and its browsing data).
      6. using other services offered by entities to whom eSky provides rental services for advertising space on website, specified in § 17 of the Regulations.
    2. User – any natural or legal person or organisational unit without legal personality, which has legal capacity under the law, using the Booking System or the Call Center.
    3. Payer – any natural or legal person or organisational unit without legal personality, which has legal capacity under the law, using the Booking System or the Call Center and making payments or obliged to make such payments.
    4. Call Center – a unit responsible for contacts with the User or Payer as part of carrying out services provided via www.esky.ie website, under conditions and in the scope specified in these Terms.
    5. Supplier – a provider of services offered to the User via the www.esky.ie website.
    6. Service Provider – an entity providing services specified in these Terms to the User via eSky, the Booking System or directly, depending on the nature of services.
    7. Hotel services – accommodation services consisting of accommodation for purposes other than residential, which are not an inseparable element of transporting Users,
    8. Carrier – an entity with a valid certificate (concession, licence) authorising business activity covering air transport and services in the scope specified in these Terms.
    9. Air Ticket – a document issued via the Booking System or the Call Center which authorises the use of air transport service.
    10. Tariff terms and conditions – terms and conditions of booking pertaining to the use of a given air ticket, including, but not limited to: conditions of air ticket return, size of baggage.
    11. E-mail address/ e-mail – an active electronic mail address of the User.
    12. Personal questionnaire – a form used by the User to send their personal data to enable the User's use of services provided by eSky, transferred and processed under conditions specified in the Privacy Policy provided via www.esky.ie website.
    13. Low-Cost Lines – specific airlines subject to properly defined regulations pursuant to § 14.
    14. Service fee – a non-refundable fee collected by eSky or the Service Provider as part of services offered to the User, depending on the type and nature of provided services, in the scope specified in these Terms.
    15. Payment instrument – a customised device or a set of procedures agreed by the User and Service Provider and used by the User or the Payer to issue an order for the execution of a payment transaction.
    16. Payment card – a payment instrument which enables making orders of deposit, transfer and withdrawal of cash using a specialised entity.
  • § 3. USER’S LIABILITY FOR THE USE OF THE BOOKING SYSTEM

    1. The User confirms that they have full capacity to perform legal actions and enter into legally binding commitments.
    2. The User assures that they shall use the Booking System to search for bookings of air tickets, purchase air tickets and book and purchase other available services listed in these Terms, as well as other services available in the Booking System, exclusively in accordance with existing laws.
    3. The User shall search for services to be booked using their own surname and shall make payments for booked air tickets and/or other services using their own payment card. Any searches for services to be booked using others' or false surnames and payments for booked air tickets and/or other services using others' or false payment cards shall be immediately reported to the relevant law enforcement authorities.
    4. The User is obliged to have relevant and current documents which enables delivery of the services purchased through the Booking System or Call Center or to stay in the country providing these services, including in particular a valid ID card, a valid passport, visa where required and other documents which may be required depending on the scope of services provided.
    5. The User is obliged to verify all necessary information indicated through the Booking System or Call Center, including, among others, sanitary information, terrorist threats and health requirements regarding the provision of services.
    6. eSky shall not be liable once the User is not having proper documents specified above, including an entry or transit visa, necessary in the country where the services are privided or in which the User performs a transfer, as well as for failure to fulfill the obligations described in point. 5 above. Any information may be obtained by the User via the Booking System or Call Center, via www.esky.ie and the website of the Polish Ministry of Foreign Affairs.
  • § 4. LIMITATION OF LIABILITY

    • eSky informs that once search results are displayed, other offers with a similar service provided by a third party, different from the previously displayed, may show up in the System or in other ticket and service reservation search systems. Receiving a search result, unless it is immediately confirmed by making and paying for a reservation in the Booking System it does not entitle the Customer to lay a claim against the intermediary to conclude the contract for the purchase of tickets or other services offered by entities offering services ordered through the Booking System or other ticket and service booking search systems.

PROTECTION OF PERSONAL DATA

  • § 5. PROTECTION OF PERSONAL DATA

    • Any issues related to protection of personal data of Users and Payers and all other persons using the www.esky.ie website have been laid down in the Privacy Policy available at: https://www.esky.ie/privacy-policy.
  • § 6. ISSUING AND DELIVERING INVOICES

    1. For services purchased via the www.esky.ie website or via the Call Center, the Supplier or the Service Provider shall issue an electronic invoice. By making a purchase and accepting these Terms, the User agrees to receive electronic invoices within the meaning of Article 2(32) of the Act on VAT of 11 March 2004.
    2. Electronic invoices for the services shall be delivered to the e-mail address provided in the personal questionnaire in the Booking System or in the purchase process using the Call Center.
    3. Changes in the details eSky of electronic invoice indicated by the User in the personal questionnaire will be carried out under the conditions and within the scope specified in relevant laws.
    4. If services are booked for more than one User and if the buyer to which the invoice should be issued is not indicated, the invoice will be issued to the first User stated in the collective booking and delivered to the e-mail address provided during the booking process.
    5. Service Providers and Suppliers may indicate specific conditions for issuing an invoice regardless of the conditions provided by eSky.

PAYMENT FORMS AND METHODS

  • § 7. PAYMENT FORMS AND METHODS

    1. The User may select the following payment forms as part of services provided via www.esky.ie website or the Call Center, if eSky available in the Booking System:
      1. payment transactions using a payment card or a similar payment instrument,
      2. online bank transfers,
      3. transfers of funds from a payment account,
      4. payments via a local payment institution whose offer was made available in the Booking System and under the conditions imposed by that payment institution,
      5. other special means for a given country in which the Booking System transaction is carried out, detailed in the booking process of a given service.
    2. The Users choose the preferred payment form in the personal questionnaire in the Booking System or through a declaration submitted via the Call Center, bearing in mind that:
      1. transfers of funds should be made to a eSky bank account indicated in the e-mail confirming the booking of selected services,
      2. transfers and payment orders must contain information specifying the name and surname of the User indicated in the Booking System each time, as well as the identification number specified eSky for a given service, e.g. the booking number.

      The following options are available for air tickets:

      1. payments through a transfer of funds from a payment account is possible only when booking air tickets via the www.esky.ie website at least 2 days in advance. When selecting transfer of funds from their account as the payment form, the User shall, within 24 hours from the booking, pay the amount due to eSky for the purchased air ticket to keep the conditions of the booking.
      2. air tickets paid for using transfer of funds from a payment account or via online bank transfer are issued by eSky on the date when the payment due for the air ticket purchased by the User has been credited to the given bank account, if the crediting occurs prior to 20:00. Off work days are an exception and have been defined on the Booking System website; in such cases, the transaction is carried out on the next working day, in accordance with conditions defined by specific Carriers.
      3. payments for Low-Cost air tickets during online purchase are made by using payment cards or a similar payment instrument or by transfer of funds from the User's payment account if such service is ordered in the booking form or via the Call Center.

      For hotel services:

      1. payment for the hotel service directly to the Supplier, made prior to the User's arrival at the facility, where the User is fully responsible for making the payment correctly.
      2. payment for a hotel service via the Service Provider prior to the User's arrival at the facility, where the payment methods specified in point 1 above are acceptable.
    3. Payment using payment cards or a similar payment instrument is a safe transaction carried out in the following way:
      1. the User of the Booking System makes a purchase using a VISA, Eurocard, Mastercard, Diners Club, American Express payment card or using another payment instrument eSky and agreed with the User, as specified in the Booking System or under conditions agreed using the Call Center.
      2. by choosing a payment card as the payment form, the User is obligated to fill out the fields defining the information concerning their payment card in the personal questionnaire in the Booking System.
      3. after the booking is made, the payment card is automatically authorised eSky via the Booking System in the order by phone system and charged accordingly to the price of the purchased service.
      4. in case of services covering booking of and payment for air tickets, the payment card is charged in two transactions: the net amount for the ticket plus airport charges is charged by the airline, while the amount for the service fee is charged by the Service Provider. The charging of the due amount may also be done in one transaction.
      5. in the case of services covering booking of and payment for hotel services, following the charging of the card and crediting of the payment, the system will send to the User's e-mail address a voucher confirming the purchase of the hotel service, which is a proof of purchase of the hotel service, necessary for using the service.
    4. The amounts of payments for services carried out by eSky based on bookings made by the User using the Booking System or under the conditions agreed via the Call Center will be set in the currency defined by the User in which the prices of airline tickets and hotel services are presented.

AIR TICKETS

  • § 8. AIR TICKETS

    1. In the case of airlines which are accredited by IATA (International Air Transport Association), by making the airline’s offer available to the Users, eSky acts as an agent of those airlines, and for entities offering other services via the Booking System it acts as the website administrator making available services carried out by the Service Providers. The entities providing transport services to the User and bearing liability for non-performance or improper performance of flight are specific airlines accredited in IATA on behalf of which and for which the Service Provider operates and whose names are indicated in the course of the booking process and on the ticket supplied to the User.
    2. In the case of Low-Cost Airlines, the Service Provider acts as an intermediary performing factual acts in those airlines resulting in the completion of a transaction and a delivery of a ticket ordered from those airlines strictly according to the User’s instructions and on their behalf, communicated via the Booking System or the Call Center. The service performance and processing of complaints are subject to the general terms of respective Carriers indicated during the booking process.
    3. In the case of charter flights organized by a tour operator, eSky acts as an agent and gives information about the conditions set out by the entity operating the flight. The operator is liable for non-performance or improper performance of the charter flight service.
    4. The parties to the transport agreement are the Service Provider specifically indicated and defined in the offer, providing air transport services which constitute the subject of the agreement and the User. Agreements referred to above and concluded via the www.esky.ie website are executed on the basis of general conditions of agreements with specific Service Providers which enter into an agreement with the User.
    5. The User searches for a booking by choosing one of the flight connections suggested by the Booking System and by filling out the personal questionnaire with the required information, which are processed in keeping with § 5 of these Terms.
    6. Confirmation of the search and change of price:
      1. At the e-mail address indicated, the User receives a confirmation of the booking, which includes, apart from the booking number, the information about the chosen flight connection, the total price and the form of payment. The price of Air Ticket includes: net tariff of the Carrier, airport charges, taxes, a non-refundable service fee for issuing the ticket, additional fees, and any charges for other services that are an integral part of transport specified in the summary of transaction in the Booking System.
      2. Given the preliminary nature of the booking, the price of the ticket is not guaranteed until the Service Provider receives the payment.
      3. The User is obliged to make sure the booking details stated in the confirmation e-mail, as well as the deadline for paying for the booking to purchase the ticket at a price indicated during the search in the Booking System are correct.
    7. The purchase of an air ticket:
      1. The User shall purchase an air ticket provided that all personal details entered into the Booking System are true. Before purchasing an Air Ticket, the User is obliged to read and accept these Terms, as well as to read the booking terms and conditions and tariff terms and conditions of the flight connection chosen by the User, which are available in the Booking System. The Service Provider will charge the User with a non-refundable service fee for all operations connected with the issuance of the ticket in the amount defined in the booking process.
      2. The User books the air ticket in the Booking System or via the Call Center, based on the availability, price and possibility of providing the service specified in the Booking System or obtained using the Call Center at the moment of booking.
      3. After receiving the booking order, the Service Provider reserves the right to contact the User in order to verify the User’s details and to confirm the conditions of the booking. In the case of impossibility to contact the User, the Service Provider makes a booking pursuant to the conditions under which the User placed the order. The Service Provider executes the booking, provided that the User has paid at least the amount of the ticket price plus the amount of charges for additional services specified by the User in the Booking System and the amount of service fee.
      4. Additional services specified by the User which should be executed as part of the booking (e.g. a special meal, points in the frequent flyer programme, flight with an animal, excess baggage, special cabin baggage, unaccompanied child, additional care for the passenger, disability aid, child crib and other) should be ordered using the Call Center or at the e-mail address indicated by eSky, to verify their availability.
      5. The Service Provider reserves the right to refuse to issue a ticket if the tariff selected by the User does not comply with its purpose according to the sales conditions of a given offer or there are other justified limitations in the agreements between the Carriers, over which the Service Provider has no control.
    8. The forms of payment for the purchase of air tickets are executed under conditions specified in § 7 of these Terms.
    9. The User's air ticket is issued by the Service Provider in an electronic form.
    10. The User's air ticket issued by the Service Provider shall be delivered to the e-mail address provided in the personal questionnaire in the Booking System or in the purchase process using the Call Center.
    11. Cancellation of booking by the fault of the Carrier:
      1. eSky shall not be liable for changes in Users’ bookings and cancellations of those bookings made by the airlines. Information about possible changes in the User's booking is sent by eSky to the e-mail address provided in the personal questionnaire or communicated by phone to the provided contact number.
      2. The User shall address any and all claims resulting from cancellations or changes, including flight delays by fault of the Carrier, directly to the Carrier. The Carriers' liability is recognized under the conditions of Warsaw Convention and Montreal Convention.
    12. Return of an air ticket:
      1. The Payer shall be entitled to return the air ticket purchased via the www.esky.ie website, if the tariff terms and conditions set out directly by the Carrier allow for that. The return of the air ticket may result in additional penalty fare in the amount set out independently from eSky and specified by the Carrier.
      2. If the air ticket tariff accounts for the possibility to return the air ticket, the Payer should contact the Call Center by phone to return the ticket.
      3. Depending on the payment form used, the amount due to the Payer from the Carrier for the air ticket subject to return is transferred directly to the Payer's bank account or their payment card's account within 7 days from the date the Service Provider receives the due amount.
      4. The return date is understood as the date when money is debited from the Service Provider's bank account.
    13. Changes/modifications of booking, additional services,
      1. The User changes the booking using the Call Center or via the contact form on the www.esky.ie website.
      2. If the date of departure is less than 48 hours away, a booking modification is possible solely via the Call Center.
      3. The cost of change of air ticket depends on the fares and possibility to carry out changes specified by the Carrier. The total price of change of air ticket booking includes:
        • a standard charge for a change or an additional service (which comprises a charge for ticket modification pursuant to the regulations and the table of fees of a given airline, as well as a non-refundable service fee for modifying the order or ordering an additional service),
        • the difference in tariff prices (a difference of costs between the initial price of a ticket and its price at the moment of the change),
        • the difference in taxes and airport charges (a potential difference in costs between the initial value of taxes and charges and their value at the moment of the change).
      4. The booking in the Booking System is modified by the Service Provider under conditions specified in the Table of service fees for additional services to be changed in an already purchased ticket:
        Table of service fees for additional services to be changed in an already purchased ticket (in EUR):
        Change SF per person
        Changes to the ticket (including: changing the travel date and route, the passenger’s surname) 12
        Cancelling or returning the ticket 12
        Adding extra or special baggage 8
        Requesting an assistance service for an unaccompanied minor 6
        Booking a selected seat on the plane 8
        Ordering a special meal 6
        Transporting pets 7
        Priority boarding 7
        Additional services offered by the airline 7
        Online check-in/assistance during check-in 7
      5. The User may pay for changes to the air ticket booking as specified in § 7 of these Terms. The payment using the payment card is carried out via the Call Center. If payment is made via transfer of funds from a payment account, the User receives an e-mail confirming the change, which specifies: details of the booking (booking number, passenger's details, details of the connection and information on additional services and air ticket tariffs), details for making the payment and the amount of change.
      6. Some promotional tariffs available in the Booking System have very specific conditions of booking and issuing air tickets. It applies particularly to tariffs which ought to be booked and purchased at least three, seven or fourteen days in advance. Failure to meet that condition may result in a change in the price of the air ticket. eSky reserves the right to cancel the User’s booking, made exactly three, seven or fourteen days before departure, if the User exceeds the limit of purchase defined by the Carrier in the Carrier's tariff terms and conditions. An airline may request to issue a ticket earlier. In such case, the User will receive the necessary information about the deadline for the payment to the current e-mail address.
  • § 9. CONNECTING FLIGHTS

    1. The services available to the Users in the Booking System include booking of connecting flights. A flight marked as a “Connecting Flight” consists of at least two flight connections with transfer(s), operated by one or more Carriers, where each flight is considered a separate service and the carriers do not cooperate in organizing such flight (“Connecting Flight”). A combination of flights found in the Booking System as part of the Connecting Flight service is further referred to as “Travel”.
    2. Purchasing a ticket for a Connecting Flight means purchasing more than one air ticket involving at least one transfer flight for which the User receives separate air tickets with one or more carriers under a single transaction process in the Booking System. The total of tickets purchased for a given Connecting Flight Travel is not a single combined air ticket for individual flights as part of the Travel.
    3. The purchase of separate tickets for each flight under a Connecting Flight by the User and the fact that there may be short transfer periods between individual air connections (depending on the search parameters indicated by the User and the availability of flights in the Booking System) may be potentially subject to the risk of cancellation, delay or change of flight time and the resulting inability to use another connection(s) for the Travel.
    4. The availability of Connecting Flights in different combinations depends on the availability of flight tickets with respective Carriers as well as on the criteria laid out by the User themselves in the Booking System.
  • § 10. PACKAGES FLIGHT+HOTEL

    1. As part of the services available in the Booking System or through the Call Center, Users can book at least two different types of services, including at least the purchase of an Air Ticket and Hotel service, which will constitute the basis for concluding an agreement for participation in package travel between the User and eSky ( "Agreement").
    2. The contract is concluded only in the case of services covered by this paragraph of the Terms, which is accepted through the Booking System or via Call Center. Confirmation of the conclusion of the Agreement and its elements will be sent with a separate document to the e-mail address indicated in the Booking System or via Call Center.
    3. The tour operator for the User making the selection of individual services on the terms specified in this paragraph of the Terms is eSky.pl Spółka Akcyjna, with its registered office in Radom, at pl. Jagiellońskim 8, District Court for the Capital City of Warsaw, XIV Commercial Department of the National Court Register under the number KRS 0000383663, NIP 948-19-87-199, REGON 670140736, share capital PLN 990 471.00 paid in full.
    4. The tour operator is responsible for the provision of services covered by this paragraph of the Terms and the Agreement, regardless of whether these services are to be carried out by the tour operator or by other Service Providers. eSky, in accordance with the applicable law, limits its liability for non-performance or improper performance of its services up to three times the price of a package travel for each User. This limitation does not apply to damage to persons or damage caused intentionally or as a result of negligence.
    5. The tour operator shall immediately provide appropriate assistance to the User who found himself in a difficult situation, including circumstances where it is impossible to ensure his return to the country in accordance with the Agreement due to unavoidable and extraordinary circumstances, the tour operator bears the costs of necessary accommodation of the User , if possible, of a category equivalent to the one specified in the Agreement, for a period of up to 3 nights.
    6. The reservation of services specified in this paragraph of the Terms is made in accordance with the parameters and criteria indicated individually by the User, under which, within the Booking System or through the Call Center, appropriate information will be provided regarding the details of the services and main features of the travel services, the rights and obligations of the User and the tour operator.
    7. The tour operator informs that effective performance of certain services covered by the Agreement may depend on communication in the official language of the destination of travel or in English language.
    8. The detailed scope of information regarding the provision of services via the Booking System is provided within Annex No. 1 to these Terms and Conditions.
    9. The detailed scope of information regarding the provision of services via the Call Center is provided within Annex No. 4 to these Terms and Conditions.
    10. The User for whom services are specified in this paragraph of the Terms is protected against the insolvency of the tour operator on the terms set out in Annex No. 1 and 4 to these Terms and Conditions.
    11. Indicated in the Booking System or through the Call Center price for services under this paragraph of the Terms includes the price of the travel package including taxes and, if necessary, any additional fees and other costs or - if it cannot reasonably be expected that these costs will be calculated before conclusion of the Agreement - information on the type of additional costs that the User may be charged with.
    12. The price increase is possible only as a direct result of the change:
      1. passenger transport prices resulting from changes in the cost of fuel or other power sources;
      2. the amount of taxes or fees from services covered by the agreement for participation in package travel, imposed by entities that do not participate directly in the implementation of the package travel, including tourist taxes, airport charges or fees for boarding and disembarkation in ports and on airports;
      3. exchange rates relevant for a given package travel
    13. The final price set in the Agreement cannot be increased within 20 days before the start date of the services referred to in this paragraph of the Terms.
    14. The User may withdraw from agreement for participation in package travel at any time before its commencement, whereby the User may be required to pay an appropriate and reasonable fee for withdrawal from the Agreement for the benefit of the tour operator. If the Agreement do not provide the fees for withdrawing from the Agreement the amount of such fee shall corresponds to the price of the travel package reduced by the costs or income for the alternative use of the travel services. At the request of the traveler, the tour operator justifies the amount of fees for withdrawal from the Agreement.
    15. The agreement for participation in package travel may indicate a fee for withdrawal from the Agreement in the amount depending on the time when withdrawn from the Agreement has been made before the start of the package travel, from the expected cost savings and expected income from the alternative use of the travel services concerned. The fee is subject to a deduction from the payment made by the traveler.
    16. The User may withdraw the Agreement before the start of the package travel without incurring additional fee in the event of unavoidable and extraordinary circumstances occurring at the destination or its immediate vicinity, which have a significant impact on the implementation of the package travel or carriage of travelers to the destination. The User may only request reimbursement of payments made for the package travel, without compensation or redress in this regard.
    17. Tour operator refunds the fees and payments referred to above, within 14 days from the date of termination of the agreement for participation in the tourist event.
    18. As part of the services covered by this paragraph of the Terms, the User may, without the consent of the tour operator, transfer to the person fulfilling the conditions of participation in the package travel all entitlements due to him regarding the participation of such package travel, if at the same time the person assumes all obligations resulting from this Agreement and if the User will inform the tour operator about this within a reasonable time and on durable information medium. If the transfer of rights and the assumption of duties entails additional costs for the tour operator, the tour operator is obliged to show them to the traveler when requesting payment, e.g. the costs of changing the User's data. These costs must be reasonable and must not exceed the actual costs incurred by the tour operator as a result of the transfer of the travel package. Notifications submitted no later than 7 days before the start of the package travel shall in any case be deemed to have been filed within a reasonable time.
    19. As part of the services covered by this paragraph of Terms, the User is covered by compulsory insurance against personal injury (accidents insurance) and medical expenses insurance in the case of services carried out abroad of the Republic of Poland. Detailed information about this insurance can be found at the links: General Insurance Terms and Conditions and Product Card. The User shall be entitled to use additional insurance of services provided by eSky in the scope specified via Bookingn System or via the Call Center.
    20. The User shall be informed by the tour operator about all special requirements that the User has indicated and to which both parties have agreed.
    21. As part of the services set out in this paragraph of Terms, the User is obliged to inform the tour operator about any discrepancies found during the implementation of the package travel.
    22. Complaints of Users necessary to be considered in accordance to provisions set out within this paragraph of the Terms will shall be provided on the principles set out in point XVIII (Complaints).
    23. For the benefit of User using the www.esky.ie covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the Tourism Guarantee Fund, in the amount specified by the applicable law.
  • § 11. ADDITIONAL SERVICES

    1. As part of the services available via the Booking System and Call Center, Users can book additional services subject to fees indicated as part of the transaction process provided via the Booking System and Call Center.
    2. Each paid service chosen by the User, described in this paragraph and available in the Booking System is an integral element of the service for which additional services have been booked.
    3. The eSky service package (further “Service Package”) is a flat-fee service fee for at least one modification of the air ticket, which comprises its integral part, carried out via the Call Center by the Users, provided within Booking System. By purchasing the Service Package service, the User is released from service fee charged by eSky as per the Table of service fees for additional services to be changed in an already purchased ticket. If according to the tariff terms and conditions the airline charges a fee for changes/returns/special services, the User shall pay the price for the service indicated by the airline.
    4. Online check-in that allows the User to check in in the electronic system of individual airlines for the purchased Air Ticket, if the transaction system allows for such possibility. As part of the online check-in service, the generated boarding card is sent to the e-mail address provided by the User during the booking process within the time limit enabling proper use of the transport service.. Some airlines may require that the User provide additional information that has not been provided in the booking process in order to check in. The User shall provide current contact details, such as e-mail address and telephone number, to enable contact, in particular immediately before the departure. Failure to supply contact details, providing data for online check-in less than 48 hours before the planned departure, supplying out-of-date or incomplete details, failure to answer phone calls from eSky or supplying incorrect details required for check-in may make it impossible to proceed with the online check-in and the User may be required to pay a charge defined by the airline or it may be impossible for them to depart.
    5. Safe ticket – if the flight is delayed or cancelled, as part of the analysis of data related to the User's flight, eSky will transfer information on the cooperating entity to obtain appropriate damages, i.e. AIRHELP LIMITED, 9B Amtel Building, 148 Des Voeux Road Central, Central, Hong Kong, CB No. 1926223, BR No. 61625023-000, which will take actions after an explicit acceptance by the User. At the same time, pursuant to Regulation (EC) No 261/2004 of the European Parliament and of the Council, eSky informs that the User is entitled to make claims and file requests directly with the airline operating a flight in order to receive a full (where applicable) compensation, to which a passenger may be entitled.
  • § 12. LINKED TRAVEL ARRANGEMENTS

    1. The User using the www.esky.ie portal in the situations specified below purchases related travel services, understood as a combination of at least two different types of tourist services purchased for the same trip or holiday, covered by separate contracts with Suppliers. At the same time, the creation of related travel services occurs when a tourist entrepreneur makes it easier for travelers to purchase tourist services:
      1. during one visit or contact with its point of sale which is having an option of choosing and paying separately for each tourist service or
      2. allows to buy at least one additional tourist service in a targeted manner from another tourist entrepreneur, if the contract with this tourist entrepreneur is concluded not later than 24 hours after confirming the reservation of the first tourist service.
    2. Related tourist services shall not be created despite the fulfillment of the conditions referred to above in the case of a combination of no more than one type of tourist service (carriage of passengers, non-stay accommodation, which is not an integral part of passenger transport, car rental or other motor vehicles), with one or more tourist services that constitute a different service provided to travelers and which does not form an integral part of the service: passenger transport, non-stay accommodation, which is not an integral part of the carriage of passengers, hiring motor vehicles or other motor vehicles ), if the value of these services is less than 25% of the total value of the related travel services and they are not advertised as a significant element of this connection, nor constitute a significant element of this connection for other reasons. In addition, related tourist services are not services lasting less than 24 hours, unless they include accommodation.
    3. Detailed information on the purchase of related travel services and the rights and obligations arising from the use of such services can be found in Annex 2 and 3 to these Regulations.
    4. For the benefit of User using the www.esky.ie covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the Tourism Guarantee Fund, in the amount specified by the applicable law.
  • § 13. IATA GENERAL CONDITIONS OF CARRIAGE

  • § 14. REFERENCES TO AIRLINE REGULATIONS

    Aer Lingus, Air Baltic, Air Europa, Air Iceland, Air Rarotonga, Air Southwest, Airasia, Atlas Blue / Royal Air Marocco, Aurigny, Bergen Air Transport, Blu Express, BlueAir Business Aviation, Blue Islands, Bulgaria Air, BRA, Condor, Corendon, DAT, easyJet, Eurowings, Excelairways, FlyBe, flythomascook.com, Germania Express, GOL, Helvetic, WOW air, Jet2, TUI fly, Jet Blue Airways, Jetstar Airways, Jetstar Asia Airways, Kulula, Luxair, Lydd Air, Air Italy, Nature Air, Nextjet, Norwegian, Pegasus Airlines, Ryanair, Smart Wings, Skytrans Airlines, Southwest, SpiceJet, Sprint Air, Spirit Airlines, Sun Country Airlines, SunExpress, ThomasCookAirlines.com, TUI Airways, Transavia, Virgin Blue - Virgin Australia, Viva Colombia, Viva Peru, Vueling, WestJet Airlines, Wizz AirLaudamotion, Volotea, Astra Airlines, Jazeera Airways, Satena, EasyFly, Wingo, VivaAerobus, Mayair, AirPanama, JetSmart, Passaredo, LCPeru, Peruvian, Avianca, LATAM, AZUL, SkyAirlines, Amaszonas, Boliviana de Aviación, Aerolínea de Antioquia.

HOTEL BOOKINGS

  • § 15. HOTEL BOOKINGS

    1. eSky via www.esky.ieand the Call Center sets out the rules for sharing the hotel services offered by the Suppliers to Users who want to use hotel services.
    2. eSky is not a party to a contract for the provision of hotel services and other related agreements, concluded via the Booking System. The Party of such a contract is each time the User and individual Service Provider specified in the offer, providing services that are the subject of such contract.
    3. Contracts concluded via the Booking System are concluded and implemented on the basis of general terms and conditions of agreements with individual Service Providers. All data contained in the offer presented in the Booking System are based on data provided directly by Suppliers. The terms and conditions of booking hotel services provided by the Suppliers take place on the terms specified in the order and in accordance with their regulations - https://developer.ean.com/terms/pl/.
    4. eSky provides the User with:
      1. direct access to the facilities offered by the Suppliers inside the country and abroad,
      2. Possibility of using freely and individually configured services by Users which are available on the www.esky.ie.
    5. Booking and payment rules for hotel services:
      1. Booking a Hotel service through the Booking System or via Call Center is paid by the User, in terms of the object offer, directly to the Supplier offering the facility without payment to eSky
      2. Booking a Hotel service via the Booking System or by the Call Center is paid by the User, in terms of the object offer, directly to eSky.
    6. Reservations types:
      1. the non-guaranteed reservation which has not been paid by the User,
      2. the guaranteed reservation which has been paid by the User or the User details has been positively verified under the conditions set out in these Terms and Conditions.
    7. Query options for Hotel service booking:
      1. Through the Booking System available on the www.esky.ie and on other websites belonging to entities cooperating with eSky.
      2. By phone contact at the number provided by the Call Center.
    8. Confirmation of order and price:
      1. At the provided e-mail address, the User receives a confirmation of his inquiry, which includes the reservation number, information about the chosen hotel service, the total price of the service and the selected method of payment.
      2. The price of hotel service is denominated in currency selected in the order form. The price of the service includes in particular: payment per stay, net tariff , VAT, and all other taxes and fees, unless otherwise stated on the Booking System page or in the e-mail confirming the reservation.
      3. If the conditions for an ordered service require the User to make a payment towards eSky, the price for the service indicated in the confirmation of reservation is not guaranteed until the payment is received by eSky due to the conditions set out by Suppliers.
      4. Before making the payment, the User shall make sure if all the details in the received confirmation are correct.
    9. Ordering a hotel service
      1. The User can purchase a hotel service provided that all personal details entered into the Booking System are true. Before placing an order, the User is obliged to read and accept these Terms and Conditions, as well as to read the terms and conditions of booking services relevant to the facility providing the service chosen by the User.
      2. After receiving the reservation order, eSky may contact the User in order to verify the User’s details and to confirm the offer. If it is impossible to contact the User, eSky cannot be held accountable if the service provider doesn’t accept the reservation according to the content of the order, unless it was a guaranteed reservation within the meaning of point XV sec.6 of these Terms and Conditions.
      3. Each reservation/submission is communicated by eSky on behalf of the User to a given Supplier and treated as a declaration of order.
      4. Service Provider and Supplier has the right to cancel the reservation if the Customer does not check in at the hotel offering the service on the date of the service’s commencement. The time and conditions of such cancellation are indicated in the conditions of reservation of the facility offering a given service.
    10. Reservation of a hotel service is subject to the cancellation policies available on the website of a given Supplier.
    11. In certain situations eSky reserves the right to cancel non-guaranteed reservations if it is impossible to contact the User under the provided phone number. User may make a guaranteed reservation by supplying his payment card number. The Customer may be asked to send a scan of his payment card and identity card along with a filled UCCCF form to enable verification of the regularity of the transaction.
    12. Potential Customer’s claims or requests for compensation for incurred damages shall be addressed to respective Suppliers. eSky is liable only for improper performance of intermediation services.
    13. The role of eSky and other cooperating companies involved in providing databases of hotel services Suppliers is to provide the User with access to direct offers of particular Suppliers.
    14. An international classification of hotels based on the system of stars constitutes unbinding information about the standard of a given hotel. Information about hotels available in the eSky’s Booking System is based on a subjective review of a given hotel.

INSURANCE

  • § 16. INSURANCE

    1. The Insurance Company is Colonnade Insurance S.A. registered in Luxembourg under no.: B 61605, headquarters: rue Jean Piret 1, L-2350 Luxembourg, operating in Poland via Colonnade Insurance Société Anonyme Branch in Poland registered in the District Court for the Capital City of Warsaw, 12th Division of the National Court Register (KRS), under number 0000678377, NIP (Tax Identification Number) 1070038451, with its registered office: ul. Marszałkowska 111, 00-102 Warsaw, e-mail: info@colonnade.pl
    2. The Insurance Agent is We Care Insurance sp. z o.o. with headquarters in Katowice (40-265), at ul. Murckowska 14A, registered in the Register of Entrepreneurs kept by the Katowice-Wschód District Court in Katowice, 8th Commercial Division of the National Court Register under the number KRS 0000751962, NIP: 954-279-73-53, REGON: 381493361, share capital PLN 5,000 (paid up in full) .
    3. eSky acting as the Policyholder performs all factual and legal activities related to the conclusion or performance of group insurance contracts as defined in these Terms and Conditions, including: informs Users about the terms of the group insurance agreement, provides the necessary documents before joining the group insurance, accepts accession to the group insurance, instructs about the proceedings in the case of an event covered by the group insurance contract.
    4. The Policyholder shall provide the Users with all necessary information about the scope of insurance services via the Booking System or via the Call Center.
    5. Insurance agreement is concluded in accordance with General Terms of Group Insurance and the content specified in these Terms and Conditions, as well as on the terms set out in the Booking System or via the Call Center.
    6. All documents specifying the scope of the group insurance contract concluded between the User and the Insurance Company are made available in the Booking System or through the Call Center.
    7. A document confirming the conclusion of the insurance contract is a Certificate provided to the User in electronic form available to the User after the end of the booking procedure in the Booking System or through the Call Center.
    8. The Certificate, General Terms of Group Insurance as well as all other documents made available to the User in the Booking System or through the Call Center regarding the implementation of insurance services purchased via Policyholder will be delivered to the e-mail address indicated by the User.
    9. The User requests for the pricing of an insurance contract by choosing one of the options available in the Booking System or via the Call Center and providing all the necessary data into the personal questionnaire.
    10. The User shall pay for an insurance Certificate provided that all personal details entered into the Booking System are true. Before concluding the insurance contract, the User is obliged to read and accept these Terms and Conditions, the General Terms and Conditions of Group Insurance, as well as any other documents made available to the User in the Booking System or through the Call Center.
    11. At the provided e-mail address, the User receives a confirmation, which includes the booking number, information about the total price of the Certificate and the form of payment. The price of the Certificate is denominated in the currency selected in the Booking System or through the Call Center.
    12. Payment for the purchase of the Certificate may be provided by the payment form as mentioned in §7.
    13. For an insurance services purchased online, the consumer has the right to use an out-of-court dispute resolution scheme and to submit his complaint via the EU ODR online platform available at the address: http://ec.europa.eu/consumers/odr/
  • § 17. OTHER SERVICES OFFERED BY ENTITIES THAT ESKY PROVIDES ADVERTISING SPACE RENTAL SERVICES

    1. Car rental:
      eSky provides services regarding renting advertising space to rentalcars.com which is a brand belonging to the TravelJigsaw Limited group, a company registered in England and Wales (under the reference number 05179829) with its registered office in 100 New Bridge Street, London, EC4V 6JA, which acts as an intermediary in the reservation process and provides services under the terms specified in the terms and conditions of its services www.rentalcars.com/TermsAndConditions.do. Special conditions regarding particular vehicles are indicated for these vehicles and defined by the entities providing the services. eSky may inform about the possibility of purchasing additional services while managing the booking via telephone.
    2. Transfer services:
      eSky provides services regarding renting advertising space to Rideways, which is a brand belonging to the TravelJigsaw Limited group, a company registered in England and Wales (under the reference number 05179829) with its registered office in 100 New Bridge Street, London, EC4V 6JA, which acts as an intermediary in the reservation process and provides services under the terms specified in the terms and conditions of its services https://www.rideways.com/information/terms. Special conditions regarding particular transfers are indicated next to them and defined by the entities providing the services (Transfer Operator). eSky may inform about the possibility of purchasing additional services while managing the booking via telephone.
    3. Luggage tracking:
      eSky provides services consisting in renting advertising space to BLUE RIBBON BAGS, LLC, which is a corporation under Delaware law, with its registered office in the United States, 119 West 40th Street, New York, NY 10018i, which provides services under the terms specified in the terms and conditions of its services https://www.blueribbonbags.com/ServiceAgreement. eSky may inform about the possibility of purchasing additional luggage tracking services in cooperation with BRB while managing the booking or other services via telephone.

COMPLAINTS

  • § 18 COMPLAINTS

    1. Complaints may be lodged in relation to eSky's direct non-performance or improper performance of services, whose performance is the responsibility of eSky. Complaints may also relate to non-performance or improper performance of services offered using eSky by third parties, whose liability will be determined individually by such third parties independently from eSky.
    2. Complaints regarding bookings and the purchase of flight tickets or other travel services shall be made in writing and sent to the eSky’s office address at Murckowska 14a Street, 40-265 Katowice, Poland or via e-mail to the email address: complaints@esky.ie. eSky will confirm receiving the complaint with the Client and respond to it within 30 days from its receipt or at a different time defined by the tour operator or another Service Provider.
    3. If the complaint concerns services provided by other entities, eSky will inform the User about this fact and advise them on how to bring a complaint against this party or will make such a complaint on behalf of and in consultation with the User if the complaint description provided eSky is complete enough to enable making a complaint against the Service Provider. In case it is impossible to contact the User, eSky may itself take action in the best interest of the User.

FINAL PROVISIONS

  • § 19. FINAL PROVISIONS

    1. eSky reserves the right to make one-sided changes in the content of these Terms, in compliance with the rule that the Customer is bound by the Terms accepted during the booking process and that the Customers have access to archival versions of the Terms. Each Customer shall read the Terms and other supplied documents detailing the services prior to booking and shall be at all times bound by the provisions of the Terms and supplied documents detailing services at the moment of booking and purchasing Air Tickets and other services available using the www.esky.ie website.
    2. In cases not regulated by these Terms, the provisions of generally applicable Polish law shall apply.
    3. It should be noted that the services available in the Booking System consist in performing of factual acts related to ordering Provider's services by the Users; therefore, the conditions for their booking are binding for the user at the time of their acceptance by a giver Provider – return or withdrawal is possible only if the Provider provided for such option. Regarding consumer disputes, there is a possibility to use the European ODR platform (online dispute resolution), which will be available at: http://ec.europa.eu/consumers/odr/.
    4. eSky shall not be liable for the damages caused by the User or incurred if the travel does not take place due to a strike of airline employees, employees of the airports, railway employees, as well as damage due to a strike of hotel staff or force majeure, as a result of which the performance of services listed in the Terms is impossible, as eSky is merely an entity providing access to the Booking System, not a service provider nor an advisor suggesting the choice of particular offers made by third parties.
    5. In order to avoid unauthorised use of payment card, eSky reserves the right to carry out additional verification of the accuracy of details of the payment card holder or to confirm that the holder of the payment card used in the Booking System agreed to the payment for the booking.

POLICY REGARDING WITHDRAWAL FROM THE AGREEMENT

  • § 20. POLICY REGARDING WITHDRAWAL FROM THE AGREEMENT

    1. Pursuant to the provisions of these Terms, eSky we attest to the possibility of withdrawing from the agreement between the User using eSky services via the Booking System or the Call Center under Article 27 of the Act of 30 May 2014 on Consumer Rights, further the Act.
    2. Under Article 38(1) of the Act, the User is not entitled to withdraw from a remote service agreement if an entrepreneur has fully performed a given service with the express consent of the consumer who has been informed before the commencement of the service provision that after its provision they lose the right to withdraw from the agreement.
    3. In view of the above, prior to the commencement of the provision of the services specified in these Terms, eSky states that the User who has concluded a remote service agreement for the provision of these services is not entitled to withdraw from the agreement without cause and without bearing costs within 14 days from concluding the agreement due to the full provision of the services by eSky.pl S.A. in the form of third party service booking (at the explicit request of the User). In such cases the service fee is non-refundable. If entities providing services allow for reimbursement of a part or the entire value of their services in case of withdrawal from the agreement, the consumer shall be explicitly notified of this fact.






       
    4.  
    5.  
    6.  
    7.  

ANNEX

  • Annex 1

    STANDARD INFORMATION FORM FOT TRAVEL PACKAGE AGREEMENTS, WHERE USAGE OF HIPERLINKS ARE POSSIBLE

    • The combination of offered services constitutes a travel packaged within the meaning of Directive (EU) 2015/2302. Therefore, you will be entitled to all EU laws applicable to travel package holidays. eSky will be fully responsible for the proper execution of the entire travel package. In addition, as required by law, eSky has security to ensure the return of your payments and, if transport is part of the travel package, your return to the country in the event that eSky becomes insolvent.
    • More information on the most important rights shall be verified according to Directive (EU) 2015/2302.
    • Most important rights under Directive (EU) 2015/2302:
      • Before concluding an agreement for participation in a travel package the travelers will receive all necessary information about the travel package.
      • Always at least one entrepreneur is responsible for the proper performance of all contractual tourism services.
      • The travelers receive an emergency telephone number or contact point to contact the tour operator or travel agent.
      • Travelers may transfer the holiday to another person within a reasonable period of time, subject to any additional costs.
      • The price of the travel package may be increased only if certain costs (e.g. fuel costs) have increased and this is expressly provided for in the agreement; under no circumstances may the increase take place later than 20 days before the start of the travel package. If the price increase exceeds 8% of the travel package price, the traveler may terminate the Agreement. If the tour operator reserves the right to increase the price, the traveler is entitled to reduce the price if the corresponding costs have been reduced.
      • The travelers may terminate the contract without any cancellation fee and obtain a full refund of all payments if one of the essential elements of the holiday, other than the price, changes significantly. If the tour operator cancels the payment before departure, the travelers shall be entitled to reimbursement and, where appropriate, to compensation.
      • In exceptional circumstances - for example, if there are serious security problems at the final destination which may affect the travel package - travelers may, before the start of the travel package, terminate the agreement without incurring any cancellation charge.
      • Furthermore, travelers may terminate the agreement at any time before the start of the travel package for an appropriate and justifiable fee.
      • If, after the start of the travel package, significant elements of the travel package cannot be provided in accordance with the agreement, the traveler will have to be offered adequate alternative services at no additional cost. If the services are not provided in accordance with the agreement, which significantly affects the performance of the travel package and the tour operator fails to remedy the problem, the travelers may terminate agreement without charge for termination.
      • The travelers are also entitled to a reduction in price or compensation for damage in the event of non-performance or inadequate performance of the travel package.
      • The tour operator must provide assistance to the traveler in the event of difficulties.
      • In case the tour operator becomes insolvent, the payments will be refunded. If the tour operator becomes insolvent after the start of the travel package and the travel package includes transport, the return of the travelers back to the country shall be ensured.
    • eSky has taken out insolvency protection with in Signal Iduna PTU S.A. Travelers may contact this entity or, where appropriate, the competent authority, i.e. Marshal Office of the Mazowieckie Voivodship in Warsaw, 03-719 Warsaw, ul. Jagiellońska 26 tel. (+48 22) 5979-100 (between 8 a.m.- 8 p.m.), urzad_marszalkowski@mazovia.pl, if the services are denied because of eSky’s insolvency.
    • Directive (EU) 2015/2302 as transposed into the national law - Act on package travel and linked travel arrangements of 24 November 2017.
  • Annex 2

    STANDARD INFORMATION FORM WHERE THE TRADER FACILITATING AN ONLINE LINKED TRAVEL ARRANGEMENT WITHIN THE MEANING OF ARTICLE 6 PARA. 1 POINT 1 OF THE ACT IS A TRADER OTHER THAN A CARRIER SELLING A RETURN TICKET

    • If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via eSky, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302.
    • Therefore, eSky will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services during the same visit to the eSky reservation website, the travel services will become part of a linked travel arrangement. In that case eSky has, as required by EU law, protection in place to refund your payments to eSky for services not performed because of eSky’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
    • eSky has taken out insolvency protection with in Signal Iduna PTU S.A.
      Travellers may contact this entity or, where appropriate, the competent authority, i.e. Marshal Office of the Mazowieckie Voivodship in Warsaw, 03-719 Warsaw, ul. Jagiellońska 26 tel. (+48 22) 5979-100 (between 8 a.m.- 8 p.m.), urzad_marszalkowski@mazovia.pl, if the services are denied because of eSky’s insolvency. Note: This insolvency protection does not cover contracts with parties other than eSky, which can be performed despite eSky’s insolvency.
    • Directive (EU) 2015/2302 as transposed into the national law - Act on package travel and linked travel arrangements of 24 November 2017.
  • Annex 3

    STANDARD INFORMATION FORM WHERE THE TRADER FACILITATING AN ONLINE LINKED TRAVEL ARRANGEMENT WITHIN THE MEANING OF ARTICLE 6 PARA. 1 POINT 1 OF THE ACT IS A TRADER OTHER THAN A CARRIER SELLING A RETURN TICKET

    • If you book additional travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302.
    • Therefore, eSky will not be responsible for the proper performance of the additional travel services. In case of problems please contact the relevant service provider. However, if you book any additional travel services via this link/ these links no later than 24 hours after receiving confirmation by eSky, these services will become part of a linked travel arrangement. In that case eSky has, as required by EU law, protection in place to refund payments to eSky for services not performed because of eSky’s insolvency. Please note that this does not provide refund in the event of the insolvency of the relevant service provider.
    • eSky has taken out insolvency protection with in Signal Iduna PTU S.A.
    • Travellers may contact this entity or, where appropriate, the competent authority, i.e. Marshal Office of the Mazowieckie Voivodship in Warsaw, 03-719 Warsaw, ul. Jagiellońska 26 tel. (+48 22) 5979-100 (between 8 a.m.- 4 p.m.), urzad_marszalkowski@mazovia.pl, if the services are denied because of eSky’s insolvency.
    • Note: This insolvency protection does not cover contracts with parties other than eSky, which can be performed despite eSky’s insolvency.
    • Directive (EU) 2015/2302 as transposed into the national law - Act on package travel and linked travel arrangements of 24 November 2017.
  • Annex 4

    STANDARD INFORMATION FORM FOT TRAVEL PACKAGE AGREEMENTS, WHERE USAGE OF HIPERLINKS ARE NOT POSSIBLE

    • The combination of offered services constitutes a travel packaged within the meaning of Directive (EU) 2015/2302. Therefore, you will be entitled to all EU laws applicable to travel package holidays. eSky will be fully responsible for the proper execution of the entire travel package. In addition, as required by law, eSky has security to ensure the return of your payments and, if transport is part of the travel package, your return to the country in the event that eSky becomes insolvent.
    • Most important rights under Directive (EU) 2015/2302:
      • Before concluding an agreement for participation in a travel package the travelers will receive all necessary information about the travel package.
      • Always at least one entrepreneur is responsible for the proper performance of all contractual tourism services.
      • The travelers receive an emergency telephone number or contact point to contact the tour operator or travel agent.
      • Travelers may transfer the holiday to another person within a reasonable period of time, subject to any additional costs.
      • The price of the travel package may be increased only if certain costs (e.g. fuel costs) have increased and this is expressly provided for in the agreement; under no circumstances may the increase take place later than 20 days before the start of the travel package. If the price increase exceeds 8% of the travel package price, the traveler may terminate the Agreement. If the tour operator reserves the right to increase the price, the traveler is entitled to reduce the price if the corresponding costs have been reduced.
      • The travelers may terminate the contract without any cancellation fee and obtain a full refund of all payments if one of the essential elements of the holiday, other than the price, changes significantly. If the tour operator cancels the payment before departure, the travelers shall be entitled to reimbursement and, where appropriate, to compensation.
      • In exceptional circumstances - for example, if there are serious security problems at the final destination which may affect the travel package - travelers may, before the start of the travel package, terminate the agreement without incurring any cancellation charge.
      • Furthermore, travelers may terminate the agreement at any time before the start of the travel package for an appropriate and justifiable fee.
      • If, after the start of the travel package, significant elements of the travel package cannot be provided in accordance with the agreement, the traveler will have to be offered adequate alternative services at no additional cost. If the services are not provided in accordance with the agreement, which significantly affects the performance of the travel package and the tour operator fails to remedy the problem, the travelers may terminate agreement without charge for termination.
      • The travelers are also entitled to a reduction in price or compensation for damage in the event of non-performance or inadequate performance of the travel package.
      • The tour operator must provide assistance to the traveler in the event of difficulties.
      • In case the tour operator becomes insolvent, the payments will be refunded. If the tour operator becomes insolvent after the start of the travel package and the travel package includes transport, the return of the travelers back to the country shall be ensured.
    • eSky has taken out insolvency protection with in Signal Iduna PTU S.A. Travelers may contact this entity or, where appropriate, the competent authority, i.e. Marshal Office of the Mazowieckie Voivodship in Warsaw, 03-719 Warsaw, ul. Jagiellońska 26 tel. (+48 22) 5979-100 (between 8 a.m.- 8 p.m.), urzad_marszalkowski@mazovia.pl, if the services are denied because of eSky’s insolvency.
    • Directive (EU) 2015/2302 as transposed into the national law - Act on package travel and linked travel arrangements of 24 November 2017.