Part I
Preliminary provisions
§1. Material scope and definitions
1.These Terms define:
(a) rules of provision of electronic services by Polish Baltic Shipping via websites belonging to Polish Baltic Shipping;
(b) terms and conditions of sale - via the online ticket sales system managed by Polish Baltic Shipping, hereinafter referred to as “online system” - of tickets for carriage by sea of a passenger and their luggage by ships operating under the POLFERRIES brand.
2.These Terms and Conditions are the terms and conditions provided for in art. 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144 of 2002, item 1204, as amended)
3.Registration details of Polish Baltic Shipping: Polish Baltic Shipping S.A. (Polska Żegluga Bałtycka S.A.) in Kołobrzeg, ul. Portowa 41, 78-100 Kołobrzeg, Poland, KRS No. 0000011871, District Court in Koszalin, IX Department of the National Court Register; Share capital PLN 67.938.495,30 PLN; NIP 671-010-07-02.
4. The terms used in these terms and conditions have the following meaning:
1) Polish Baltic Shipping – Polish Baltic Shipping S.A. (Polska Żegluga Bałtycka Spółka Akcyjna);
2) online system – a system managed by PBS which enables a person hereinafter referred to as the Payer or User to conclude a contract for transport of a passenger and their luggage by sea (ticket purchase), on their own behalf or on behalf of a third party, hereinafter referred to as the Passenger;
3) Payer or User – a person purchasing a ticket via the online system and making an online payment;
4) online payment – payment by means of a payment card accepted by the booking system, supported card standards are specified during the ticket purchase process and in the "Important information for passengers" tab;
5) contract of carriage of a passenger and their luggage by sea or a contract of carriage – a contract the subject of which is the carriage of a passenger and their luggage by sea on scheduled sea cruises in accordance with announced schedules, tariffs (price lists) and Terms and Conditions of Carriage, concluded by means of the online system with Polish Baltic Shipping (or, in specific cases, with the entity on behalf of which Polish Baltic Shipping is selling);
6) Passenger – the person for whom the ticket was purchased,
7) ticket – an electronic record in the online sales system, which is generated after the payment is made and should be printed out by the Payer themselves in order to be presented at the check-in at the Ferry Terminal; the ticket is a personalized ticket and is a proof of the conclusion of the contract of carriage and payment for carriage,
8) ticket purchase – conclusion of the contract of carriage via the online system;
9) special offer – an offer containing special tariffs, published on www.polferries.pl; limited number of seats per cruise, special offers are not refundable;
10) Conditions of Carriage – the conditions under which the carrier provides carriage;
11) Privacy Policy – a document informing about the purposes and manner of collecting and using passenger's personal data by the carrier;
12) carrier - Polish Baltic Shipping S.A.
Part II
Electronic provision of services.
§ 2. Type of services.
1. Polish Baltic Shipping provides the following electronic services:
2. Detailed rules for concluding contracts of carriage via websites are specified in Part III.
3. The carriage performed by the carrier shall be subject to the Terms of Carriage in force at the time of conclusion of the contract of carriage. The Terms of Carriage can be obtained from Polish Baltic Shipping, its representative or downloaded from www.polferries.pl
§ 3.Provision of services.
The services are available to any person visiting the website accessible at www.polferries.pl, subject to § 4 sec. 1.
§4. Hardware requirements and legal regulations.
1.The use of electronic services provided by Polish Baltic Shipping is possible provided that the ICT system used by the User meets the following minimum technical requirements of:
a) the use of browsers: Internet Explorer 6.0 or newer versions, Firefox 1.0 with installed software supporting Java Script and Java applets,
b) the use of Acrobat Reader software in certain cases,
c) the website is optimized to 1024 x 768 resolution
d) enabling the installation of cookies.
Polish Baltic Shipping is not responsible for any technical problems or limitations occurring in the computer hardware utilized by the user, which prevent them from using the services.
2. It is not permitted to use the online system for any purpose contrary to the applicable law and its intended use.
3. If the User does not accept in full the rules specified in these Terms and/or the equipment they use does not meet the technical requirements, further use of the system is impossible.
4. Acceptance of the Terms of Sales constitutes a declaration of intent. Successful completion of the ticket purchase procedure creates an obligation between the Passenger and Polish Baltic Shipping, the object of which is the carriage of the Passenger and their luggage by sea.
Part III
Terms and conditions of sales.
§5. Subject matter.
1. The Terms of Sales specify the rules of:
a) concluding the contract of carriage of a passenger and their luggage by sea,
b) changes to the contract of carriage of a passenger and their luggage by sea,
c) withdrawal from the contract of carriage of a passenger and their luggage by sea,
d) refund of unused tickets and the submission and processing of applications,
e) issuing VAT invoices.
2. Provisions for tariffs for the carriage of persons and ticket prices are specified in the price lists available on the website: www.polferries.pl in force on the day of ticket purchase:
§ 6. Rules for using the booking system
1. A user who uses the booking system for the first time should:
1) register in the system by determining and entering in the registration form:
a) login and password,
b) personal derails, i.e.:
- name, last name and full address with a postal code,
- email address
- contact telephone number
2) accept the Terms of Sales, Terms of Carriage and the Privacy Policy using the "Accept" button, and in case of using a special offer, read the current tariff conditions.
§ 7. Conclusion of the contract of carriage
1.Ticket purchase can be made no later than 2 hours before the scheduled departure of the ferry.
2. The User is obliged to check the correctness of the information generated by the online system prior to the payment step.
3. The conclusion of the contract of carriage is made by making an online payment and generating a ticket through the online system.
4. The confirmation of concluding the contract of carriage is providing the Payer with a personalized ticket on A4 format paper for self-printing, in vertical orientation. The Payer is responsible for the readability of the printed ticket.
5. The self-printed ticket includes:
1) name and last name of the passenger and, optionally, the registration number of the car;
2) carriage services;
3) ticket number;
4) ticket price;
6. The information referred to in sec. 5 shall be verified at the time of check-in at
Ferry Terminals.
7. If a session is interrupted for any reason, the contract will not be concluded. In order to purchase a ticket, the procedure of ticket purchase must be initiated again.
§8. Change to the contract of carriage
Any change in the contract of carriage concluded via the online system is possible only by contacting the system operator - contact details are available at www.polferries.pl. The changes will result in an additional charge in the amount of the price difference between the online price list and the Polferries price list currently in force, available at www.polferries.pl.
§ 9. Withdrawal from the contract of carriage
Withdrawal from the contract of carriage concluded via the online system is possible under the rules specified in the Terms of Carriage (item 2.4).
§10. Refunds
1.Refunds (after deduction of administration fees) are made only to the account of the card that was used to pay for the ticket. For this purpose, please send your name, last name, ticket number and contact telephone number to zwroty@polferries.pl. In addition, in the case of a refund of a ticket to which a VAT invoice has been issued, a correcting invoice is sent to the e-mail address provided by the passenger
2. Special offers are not refundable.
3.Any refunded amounts are subject to an administration fee, unless the ticket was not used for reasons attributable to Polish Baltic Shipping.
4.The refund shall be made within 30 days from the date of sending a request for a refund to the above mentioned email address.
§ 11. Issuing VAT invoices
1. The online ticket does not constitute a VAT invoice.
An invoice is issued when the invoice field is ticked and the invoice details are provided.
The system remembers the details once entered.
The invoice is sent together with the ticket to the e-mail address provided by the passenger.
§12. Rights and obligations of the User
1. The User has the right to access and update their personal details.
2. The User is obliged to:
1) provide their real personal or company details when registering in the online system;
2) accept the Terms of Carriage, Terms of Sales and the Privacy Policy by clicking the ''ACCEPT'' button,
3) if a ticket is purchased for a Passenger who is not the Payer:
a) provide the name and last name of the Passenger, details of the vehicle
b) acquaint the Passenger with the provisions of the Terms of Sales and/or the special offer;
4) use the online system in accordance with legal regulations and provisions of these Terms of Sales;
5) at their own expense legibly print out the ticket on A4-size paper - in vertical orientation;
3. All complaints concerning the electronic services provided by Polish Baltic Shipping should be made to the e-mail address: online@polferries.pl;
The complaint should contain: the name, last name and full address, including email address of the person lodging the complaint, as well as a detailed description and reason for the complaint.
4. Complaints shall be considered by Polish Baltic Shipping immediately, in the order of their receipt.
5. The decision will be communicated to the person lodging the complaint in the manner in which the complaint was submitted to the address given in the complaint.
§13. Rights and obligations of Polish Baltic Shipping
1. Polish Baltic Shipping has the right to withdraw from the contract in case of violation by the Payer or the Passenger of the Terms of Carriage or the Terms of Sales.
In connection with the contract of carriage concluded via the online system, Polish Baltic Shipping is obliged to perform the carriage in accordance with the concluded contract.
§ 15. Final provisions
1. In matters not regulated herein, the provisions of the Civil Code, Act of 18 September 2001 - Maritime Code (Journal of Laws of 2001, No. 138, item 1545 as amended) as well as the Terms of Carriage and the price list in force available on the website of Polish Baltic Shipping S.A. in Kołobrzeg shall apply.
2. Polish Baltic Shipping processes personal data of the Users of the booking system in accordance with art. 6 sec. 1 letter b) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free transfer of such data and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR) (Official Journal of the EU L119/1) for the purpose of online ticket sales.
3. All disputes arising from the provision of electronic services by Polish Baltic Shipping on the basis of these Terms are subject to the jurisdiction of Polish courts.
