- Price List – an integral part of the Terms specifying acceptable currencies, methods of payment and any fees charged by Passenger Rights.
- Cost of the Claim Acquisition – the amount for which Passenger Rights acquires a Claim from the Client.
- Legal Action – an action related to a Claim before a court or a state authority if the carrier, within the meaning of Regulation 261/04, fails to meet a payment request made by Passenger Rights on the date specified in the pre-court proceedings.
- Client – a person who has accepted the Terms.
- Flight – air travel organized by an air carrier in connection with which the Client claims a due claim.
- Compensation – lump-sum compensation as specified in the common Regulations of the European Community No 261/04 granted for denied boarding, the cancellation of a flight or a delayed flight. This is the total amount due from the air carrier to the Client resulting from a claim at the pre-litigation stage, from a court decision or a decision of an administrative body, or offered to be paid by the air carrier in the form of a settlement or voluntarily paid by the air carrier based on a request for payment. Compensation does not include other costs, including interest, costs of litigation, costs of representation and enforcement and similar costs, which are due in full, and their payment should be made directly to the account of Passenger Rights.
- Passenger Rights – Passenger Rights S.A., with its headquarters in Warsaw at Aleje Ujazdowskie 22 lok. 5, 00-478 Warsaw, registered in the Register of Business Entities kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, under KRS No. 7424800, NIP number: 5213681825 and REGON number: 147493129, having a fully paid-up share capital of 155.820 PLN.
- Claim – the Client’s to demand to an air carrier for the payment of Compensation in accordance with national, Community and international regulations regarding passenger rights.
- Air Carrier – a Member State carrier departing from an airport located within the territory of a Member State or departing from a third country to a Member State, as well as a carrier which is not a Community carrier, but which operates from a Member State to a third country and which holds a valid operating license, executing or intending to perform a flight in accordance with a contract concluded with a passenger.
- Regulation 261/04 – EC Regulation 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 or the cancellation or long delay of flights, and repealing EEC regulation No. 295/91.
- Agreement – a mutual agreement between the Client and Passenger Rights concluded upon the acceptance of the Terms by the Client. The Agreement shall concern the Compensation claim by Passenger Rights pursuant to which an Assignment of Claims Agreement is concluded.
- Assignment of Claims Agreement – an agreement regarding the transfer of the Client’s claim against an air carrier to Passenger Rights.
- Terms and Conditions – the terms and conditions specifying the content of the Agreement, concluded by Passenger Rights with the Client, the principles of the Assignment of Claims Agreement, as well as issues governing the use of the internet portals opoznionysamolot.pl and delayfix.com.
- Receivables – an obligation due to the Client in the form Compensation for a delay/cancellation of a flight pursuant to Regulation 261/04, in connection with the ruling of the European Court of Justice in joined cases C-402/07 and C-432/07.
Contract and its terms
- Passenger Rights has the right to refuse a Claim for Compensation without giving a reason. In the event of a refusal, Passenger Rights will notify the Client without undue delay.
- The Client at the time of accepting the Terms and Conditions simultaneously concludes an Assignment of Claims Agreement.
- By accepting the Terms and Conditions and concluding the Assignment of Claims Agreement, the Client agrees to the content thereof. Consent is given by means of any electronic device connected to the Internet and consists of the completion of the appropriate form by the Client on the website www.opoznionysamolot.pl or www.delayfix.com with data such as the name of the airline, the name and surname of the Client, flight number, the flight date, ticket number and the e-mail address of the Client.
- After accepting the Terms and Conditions and concluding the Assignment of Claims Agreement, the Client will receive at the e-mail address provided earlier by him/her a link to the website address at www.opoznionysamolot.pl or www.delayfix.com at which he/she is required to approve the accepted Terms and Conditions and the Assignment of Claims Agreement. Depending on the type of electronic device used, the approval is done by clicking on the appropriate field with a computer mouse or marking the appropriate place in a tactile manner. The approval process is recorded on www.opoznionysamolot.pl or www.delayfix.com by specifying its date, time and the IP address from which such approval was made.
- The acceptance of the Terms and Conditions and the conclusion of the Assignment of Claims Agreement may also be made by way of the handwritten acceptance of the Terms and the Assignment of Claims Agreement.
- If the Air Carrier refuses to pay the Compensation within the period specified in the pre-trial proceeding, such period not to exceed 30 days, Passenger Rights will be entitled to initiate Legal Action to enforce the Claim. If a Legal Action is commenced, the provisions of the Price List referring to Legal Actions will apply.
Passenger Rights statements and obligations
- Passenger Rights undertakes to seek Legal Action if the Air Carrier fails to meet the Claim within the time limit specified in the pre-litigation procedure; however, such period not to exceed 90 days.
- Passenger Rights declares that in the absence of a legal or factual capacity to enforce the Compensation, it will not charge the Client any costs related to the conduct of a given case and undertakes to pay all possible costs.
Client’s statements and obligations
- The Client declares that he/she has full legal capacity.
- The Client declares that there are no obstacles to the conclusion of the Agreement by him/her.
- The Client undertakes to provide voluntarily to Passenger Rights all flight-related documents and information related to the performance of the Agreement or necessary to perform the Agreement (the air ticket and, if possible, the boarding pass). Flight data can be transferred to Passenger Rights via www.opoznionysamolot.pl or www.delayfix.com, other electronic and IT solutions supported by Passenger Rights, as well as via e-mail and telephone. The relevant telephone number and e-mail address can be found on the Passenger Rights website.
- The Client undertakes to cooperate with Passenger Rights to perform the Agreement.
- The Client who traveled with a minor child and who concludes an Agreement on behalf of such child undertakes to voluntarily provide Passenger Rights, at his/her own expense, within 14 days from the date of conclusion of the Agreement, with a copy of the birth certificate of such child.
- The Client declares that he/she agrees to transfer to entities providing legal services and cooperating with Passenger Rights under the Agreement the following:
- his/her personal data; and
- all information regarding the Flight and related to the implementation of the Agreement.
- The Client undertakes not to accept travel coupons, checks or other services offered by Air Carriers. Such proposals and offers of the Air Carrier will be considered as a refusal to pay the Compensation.
- The Client declares that all documents and information provided to Passenger Rights to perform the Agreement are true and complete and bears full responsibility in this respect.
- The Client declares that in the event of the payment of Compensation (or other costs as defined by the definition of Compensation) by the Air Carrier, in any manner and in any form directly to the Client, he/she will immediately notify Passenger Rights and pay the entire Compensation as well as other costs within 14 days to Passenger Rights’ bank account maintained by Raiffeisen Bank Polska SA, account number: 86 1750 0012 0000 0000 2852 1405.
Personal data protection
- The Client consents to the processing by Passenger Rights of all personal data provided to Passenger Rights to perform the Agreement.
- In accordance with the provisions of the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2014, item 1182 as amended), Passenger Rights is the administrator of the Client’s personal data. Providing personal data is voluntary; however, its collection and processing is necessary for the implementation of the Agreement to which the Client is a party. The collected data will be made available only to entities involved in the pursuit of Claims under the Agreement. The Client has the right to access his/her data and to correct such data.
- Passenger Rights will provide the Client’s personal data to third parties only on the conditions listed below:
- if the Client consents thereto; or
- if it serves a direct purpose related to the original purpose for which such personal data was provided;
- if it is necessary for the preparation, negotiation or performance of the Agreement for the Client; and
- if it is required by law, or Passenger Rights is required to do so by an administrative authority or court.
Termination and withdrawal from the Agreement
- If the Client provides false data or information to Passenger Rights, Passenger Rights will be entitled to terminate the Agreement with immediate effect. As a result of the termination of the Agreement, in accordance with the procedure indicated above, Passenger Rights undertakes to return all of the rights and Claims arising under the Agreement to the Client within 7 days from the termination of the Agreement, and the Client undertakes to return the entire Cost of the Claim Acquisition to the bank account maintained by Raiffeisen Bank Polska SA, account number: 86 1750 0012 0000 0000 2852 1405 within 7 days from the date of termination of the Agreement.
- Passenger Rights hereby informs the Client that if the Client is a consumer who has concluded the Agreement away from business premises, the Client may withdraw from the Agreement without giving any reason by submitting an appropriate statement in writing within 14 days from the date of concluding the Agreement.
- In respect of matters not covered by the Terms, the provisions of generally applicable laws shall apply.
- In an event that any of the provisions of the Terms are or become invalid, unlawful or unenforceable, such fact shall not affect the validity of the remaining provisions in any manner or in any case.
- The conditions shall enter into force on 1 April 2018.
Payment of the Cost of the Claim Acquisition
Passenger Rights undertakes to transfer the Cost of the Claim Acquisition to the Client’s bank account within 14 (fourteen) business days from the date of the obtainment of the Compensation or from the date of the provision by the Client of all of the necessary information, including the bank account number, whichever is later, but no later than within 36 months from the date of conclusion of the Assignment of Claims Agreement.
Cost of the Claim Acquisition
The Cost of the Claim Acquisition depends on the type of flight and is subject to the following breakdown:
- in the case of flights up to 1,500 km or shorter, where the Client has the right to Compensation in the amount of EUR 250, the Client will receive PLN 750 (EUR 187,5); and
- for intra-community flights longer than 1,500 km and all flights between 1,500 km and 3,500 km, where the Client has the Right to Compensation in the amount of EUR 400, the Client will receive PLN 1200 (EUR 300).
For all flights other than those described in points 1 and 2 above, where the Client has the right to Compensation in the amount of EUR 600, the Client will receive PLN 1800 (EUR 450). Passenger Rights also stipulates that for non-Community flights longer than 3,500 km and which are delayed between three and four hours, the air carrier has the right to reduce compensation by 50%. In this case, the Client will receive PLN 900 (EUR 225).
Cost of the Claim Acquisition in case of legal action
In the case of launching a legal action, the Cost of the Claim Acquisition should be subject to an appropriate reduction:
- for flights of up to 1,500 km or less, where the Client has the right to Compensation in the amount of EUR 250, the Client will receive PLN 600 (EUR 150) instead of PLN 750 (EUR 187,5); and
- for intra-community flights longer than 1,500 km and all flights between 1,500 km and 3,500 km, where the Client has the right to Compensation in the amount of EUR 400, the Client will receive PLN 1,000 (EUR 240) instead of PLN 1,200 (EUR 300).
In case of all flights other than those described above, where the Client is entitled to Compensation in the amount of EUR 600, the Client will receive PLN 1,500 (EUR 360) instead of PLN 1,800 (EUR 450). Passenger Rights stipulates, however, that in the case referred to in point 2, the Client will receive PLN 750 (EUR 180) instead of PLN 900 (EUR 225).
The Cost of the Claim Acquisition in case of a failure to enforce a Claim
In the event of the failure of activities aimed at enforcing an acquired Claim, the Client will receive PLN 1, which means that the Cost of the Claim Acquisition will change to the price of PLN 1. The term “failure” shall be understood as a final court decision or final administrative decision refusing to award Compensation and issued for reasons beyond the control of Passenger Rights.
Payment of Compensation
The payment for the Cost of the Claim Acquisition may take place via:
- domestic bank transfer;
- a bank transfer in the Single Euro Payment Area (SEPA);
- a bank transfer outside the Single Euro Payment Area (SEPA);
- a postal order; or
- Western Union.
If it is necessary to transfer the Cost of the Claim Acquisition to the Client by bank transfer outside the Single Euro Payment Area (SEPA) or a Western Union transfer, each Cost of the Claim Acquisition determined in the Price List will be reduced by PLN 100 (EUR 25). The above-mentioned amount does not take into account any commissions for transfers and currency conversions that may be charged to the Client by its bank.