§1. Scope and definitions
1. These regulations specify:
a) rules of providing electronic services by Polish Baltic Shipping through websites belonging to Polish Baltic Shipping
b) the terms and conditions of sale - by maintained by Polish Baltic Shipping system of online ticket sales, hereinafter referred to as "on-line system" – tickets for carriage by sea of passenger and his luggage, by ships under the sign of POLFERRIES.
2. These are the rules, which are the provision of art. 8 of the Act of 18 July 2002 on electronic services (Journal of Laws No 144 of 2002, item. 1204 as amended)
3.Registration data of Polish Baltic Shipping: Polish Baltic Shipping SA in Kolobrzeg, ul. Portowa 41, 78-100 Kolobrzeg, Poland, KRS 0000011871 District Court in Koszalin, IX Commercial Division; Company capital 103 838 000 PLN; NIP 671-010-07-02.
4. Terms used in the Regulations mean:
1) Polish Baltic Shipping - Polish Baltic Shipping SA;
2) The on-line system – system maintained by Polish Baltic Shipping that allows a person hereinafter referred to as the Payer or the User, concluding the online contract of carriage of a passenger and his luggage by sea (ticket purchase), for his own or on behalf of a third party, hereinafter referred to as the Passenger;
3) A payer or the user - the person making the purchase of a ticket through the online system, and making payments on-line;
4) on-line payment - payment by means accepted by the reservation system, supported cards are confirmed while booking a ticket and also shown under "Important information for passengers";
5) the contract of carriage a passenger and his luggage by sea or contract of carriage - a contract relating to the carriage of a passenger and his luggage by sea in a scheduled sea cruises, according to published timetables, tariffs (price lists) and the Conditions of Carriage concluded with the online system of Polish Baltic Shipping (or in special cases with the entity on whose behalf Polish Baltic Shipping sells);
6) Passenger - a person to whom the ticket was purchased,
7) ticket - an electronic record in the online sales system, which is generated after payout and should be printed directly by the Payer, to show when checking-in in at the Terminal; This ticket is a personal ticket and evidence of signing the contract of carriage and payment for carriage,
8) purchase of a ticket – concluding the contract through on-line system
9) special offer - offer with special tariff conditions, published on www.polferries.pl; limited number of seats on each cruise, special offers are non-refundable;
10) Conditions of Carriage - the conditions under which the carrier provides transportation;
11) carrier - Polish Baltic Shipping or, in special cases, the entity on whose behalf the Polish Baltic Shipping runs sales
Providing online services.
§ 2. Type of services.
1. Polish Baltic Shipping provides the following electronic services:
Concluding, using the websites, contracts of carriage by sea of passengers and their baggage;
information on current promotions and offers of Polish Baltic Shipping.
2. Detailed rules for the conclusion of transport agreements through websites are specified in Part III.
3. The carriage performed by the carrier is subject to the Conditions of Carriage in place at the time of conclusion of the contract of carriage. Conditions of Carriage can be obtained from Polish Baltic Shipping, its representative or downloaded from websites www.polferries.pl
§ 3.Sharing the services.
The services are available to every person visiting the website www.polferries.pl, subject to § 4 section 1.
§4. Hardware requirements and legal regulations.
1. Using the services provided electronically by Polish Baltic Shipping is possible, providing that the ICT system used by the user, follows minimum technical requirements:
a) the use of browsers: Internet Explorer 6.0 or later version, Firefox 1.0 with installed software to use Java Script and its applets,
b) use in certain cases of Acrobat Reader,
c) the website is optimized for 1024 x 768 resolution
d) to allow downloading the cookies.
Polish Baltic Shipping is not responsible for technical problems or limitations occurring on user’s hardware, which might stop him from using the services.
2. It is prohibited to use the online system for purposes contrary to the law and its destiny.
3. If user does not accept fully the principles set out in these Rules and / or equipment, which he uses, does not meet the technical requirements, further use of the system is not possible.
4. Acceptance of the Rules of Sale is a statement of intent. A successful ticket purchase makes a commitment between the Passenger and Polish Baltic Shipping, the object of which is to carry the passenger and his luggage by the sea.
The terms and conditions of sale.
§5. Subject matter.
1. Terms of Sale determine the rules of:
a) the contract of carriage of a passenger and his luggage by the sea,
b) changes in the contract of carriage of a passenger and his luggage by the sea,
c) resignation from the contract of carriage of a passenger and his luggage by the sea,
d) refund of unused tickets and the submission and applications processing,
e) issuing VAT invoices.
2. Tariff regulations for carriage of passengers as well as ticket prices are specified ticket price lists, applicable on the day of purchase, available at: www.polferries.pl
§ 6. Using the booking system
1. The user, who uses the reservation system for the first time, should:
1) register in the system by setting and putting into registration form:
a) username and password,
b) personal data, ie:
- name and surname, with exact address with zip code,
- e-mail address
- contact phone number
2) accept the Terms of Sale and Conditions of Carriage, using the "Accept" button, and if special offer used, get familiar with current tariff conditions.
§ 7. Conclusion of the contract of carriage
1. Purchase of the ticket can be made no later than 24 hours before the planned departure.
2. The user is obliged to check the correctness of data, generated by the online system, prior to payment.
3. Conclusion of the contract of carriage is performed by on-line payment and generating on-line ticket by the system.
4. Confirmation of the contract of carriage is providing the Payer with personal ticket on A-4 format, in portrait orientation and for self-printing. The payer is responsible for the readability of the printed ticket.
5. Self-printed ticket includes:
1) the name of the passenger, and when applicable the registration number of the vehicle;
2) transport services;
3) the ticket number;
4) the price of the ticket;
6. The data referred to in paragraph. 5, is subject to verification during check-in at Ferry Terminals.
7. In the case of interruption of the session for any reason the agreement is not concluded. In order to purchase a ticket, start the procedure again.
§8. Changing the contract of carriage
Any amendment to the contract of carriage made through the online system is only possible by contacting the system operator - contact details on www.polferries.pl. The changes will result in the extra charge of the price difference between the price list online and Polferries rates available at the moment of change, available on pages www.polferries.pl.
§ 9. Resignation from contract of carriage
Contract of carriage made by on-line system, may be cancelled as per Conditions of Carriage (point 5.4)
1. Refund of amount due (after deducting administration fees) shall be made only back to the card account, that was used to pay for the ticket. For this purpose, you should send to firstname.lastname@example.org the following data: name, surname, ticket number and daytime phone number. Moreover, in the case of a refund for a ticket, for which VAT invoice was issued, refund is processed immediately after receiving by Polish Baltic Shipping signed copy of the correcting invoice.
2. Special offers are not refundable.
3. From refunded amounts 30% of fee will be deducted, unless the ticket was not used due to the reasons on Polish Baltic Shipping end.
4. Refund is made within 30 days.
§ 11. Issuing the invoices
1. Online ticket is not a VAT invoice.
2. Polish Baltic Shipping issues invoice after submitting a written application by the Payer, no later than within 3 months from the date of purchase of a ticket, to the following address:
Polish Baltic Shipping SA
ul. Portowa 42
78-100 Kolobrzeg or e-mail address: email@example.com
3. VAT invoices are sent by post on Polish Baltic Shipping expense.
§12. The rights and obligations of the User
1. User has the right to view their personal data and update them.
2. The User is obliged to:
1) provide, while registering in the on-line system, his real name or company details,
2) accept by button 'ACCEPT' Conditions of Carriage and Conditions of Sale
3) when a ticket is purchased for a passenger who is not Payer:
a) specify the name of the passenger, vehicle data
b) provide the Passenger with the provisions of Sales Regulations and / or special offers;
4) use the online system in accordance with the law and the provisions of Terms and Conditions of Sale;
5) print ticket at his own expense on A4 paper – portrait orientation;
6) in the case of refund for unused online ticket, for which a VAT invoice was issued, to confirm by the signature of the recipient correcting invoice, and if the VAT invoice issued to the company also with a stamp of the company, in the case of receipt of the invoice by post, you must send back a signed copy to the sender.
3. All the complaints concerning services provided by Polish Baltic Shipping through electronic services should be submitted by e-mail: firstname.lastname@example.org;
The complaint should include first name, last name and full address, including e-mail address of the complaining party as well as detailed description and reason of complaint.
4. Complaints shall be taken into consideration by Polish Baltic Shipping immediately, depending on the date of receiving.
5. Regarding the method complaint handling, the person making the complaint shall be notified the same way complaint was filed, at the address specified in the complaint.
§13. Rights and liabilities of Polish Baltic Shipping
1.Polish Baltic Shipping has the right to resign from the contract in the event of a breach by the Payer or Passenger of Conditions of Carriage and Regulations of Sale.
2. With regards to the contract of carriage made through the online system Polish Baltic Shipping is obliged to:
1) perform of the carriage as per agreement;
2) send the Payer at his request - by post (at his own expense), VAT invoice confirming the purchase of a ticket and a correction invoice, in case a refund for the unused ticket, for which VAT invoice was issued;
§ 15. Final Provisions
1. Regarding the matters not regulated herein, the provisions of the Civil Code, the Act of 18 September 2001. Maritime Code (Journal of Laws of 2001, No. 138, item. 1545 as amended) and the Conditions of Carriage and current price list.
2. Polish Baltic Shipping processes personal data of booking system users on the basis of art. 23 section 1 point 3 of the Act of August 29, 1997 on personal data protection (Journal of Laws of 2002., No. 101, item. 926, as amended) to complete online ticket sales.
3. Any dispute arising from the providing of electronic services by Polish Baltic Shipping based on this regulation, is under jurisdiction of Polish courts.