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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.co.uk 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 Booking System is eSky.pl Spółka Akcyjna, with its registered office in Katowice (40-265), at ul. Murckowska 14A, entered into the Register of Entrepreneurs kept by the Katowice-Wschód District Court in Katowice, 8th Commercial Department of the National Court Register under KRS number 0000383663, NIP [Tax ID] 948-19-87-199, REGON [Business ID] 670140736, with a share capital of PLN 1 060 877,50, paid-up in full, being a payer of tax on goods and services, phone number +48 32 728 30 00 (call charges are according to your network operator's rate), hereinafter referred to as eSky.
    3. Using the Booking System and Call Center services (at telephone numbers available via the www.eSky.co.uk 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. Trade names, names, descriptions, and trademarks presented at www.eSky.co.uk are protected by law. Each User is obliged to refrain from any actions violating the intellectual property rights of persons entitled to these names, descriptions, and trademarks.
    6. Unless otherwise stated, all copyrights on texts, images, photos, and other materials presented at www.eSky.co.uk belong to eSky. All non-eSky trademarks are used for informational purposes only and belong to their respective owners.
    7. Any reproduction, modification, and transmission (either done electronically or otherwise), as well as duplicating, using, and distributing materials presented at www.eSky.co.uk is allowed only if their owner has given their consent. The information available on the pages of this website may only be used in accordance with the law.
    8. Each User shall comply with these Terms the moment they undertake actions with the aim to use the Booking System.
    9. The User may use the Reservation System if the device or IT system they use meets the minimum technical requirements indicated below:
      • computer, portable device or other multimedia device with Internet access;
      • access to email and an active email address;
      • up-to-date web browser, such as Mozilla Firefox, Opera, Google Chrome, Safari, Edge;
      • accepting cookies and Javascript support in the web browser;
      • an application that allows you to open PDF documents;
      • at least 3G data transfer speed.
    10. 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.
    11. 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.
    12. Familiarisation with the Carrier’s tariff conditions, obtaining information from a given airline or entity providing services to the User, as well as the provision of services covered by these Regulations may require communication in foreign languages.
    13. The Booking System and the Call Centre enable the User to select the customised services of a given Service Provider. In order to improve customer service and enhance the quality of services, the User will be able to obtain detailed information on eSky services through CallBack, which is activated when ordering a call with a consultant.
    14. Each User has the option to register an eSky account, which will enable the use of additional functionalities facilitating the purchase of services offered at www.eSky.co.uk ("Your account").
    15. Registration takes place by completing the registration form available at www.eSky.co.uk (after providing your email address and password), logging in via the Google service or the Facebook application or selecting the option to create an account during the booking process. To activate Your account with the use of an email address/password, it is necessary for the User to click on the activation link sent automatically by eSky to the email address provided. Account registration with the use of Google and Facebook does not require additional confirmation of activation.
    16. Logging in to Your account is done by entering the email address (login) and the password provided during account registration in the sign-in form.
    17. The password provided during the User's registration may be changed after logging into the account. It is not possible to change the email address (login) provided.
    18. Your account can be removed by issuing an appropriate order available in the account settings in Your account.
    19. eSky has the right to immediately remove Your account in the event of a gross violation of the provisions of the Terms and Conditions or providing illegal content or false/fake data during the registration process.
    20. All airport and airline ratings published on the eSky website are obtained directly from users after their trip. eSky does not obtain airport and airline ratings from any other sources.
    21. To rate a specific service, the User should asses the overall quality of the services provided by Carriers and airports in graphic form, on a scale from 1 to 5, or add a comment with or without a recommendation and a general assessment of the quality of the services. The User is responsible for the content of their reviews.
    22. A review added by the User may not violate applicable law, including the rights of third parties; in particular, it may not be defamatory, infringe personal rights or constitute an act of unfair competition. eSky reserves the right not to publish a review in justified cases when:
      1. it does not contain an evaluation of the Carrier or the airport,
      2. it violates applicable laws or good practice or is blasphemous,
      3. it infringes patent rights, copyrights, business secrets or any other intellectual property rights, or personal data protection laws,
      4. it contains vulgar language, obscene and pornographic content or content inciting hatred, racism and xenophobia,
      5. eSky receives a request from the User to delete their review.
      6. it provides personal data or may violate third party privacy, in particular when a request has been made to remove it.
    23. By posting a review, the User consents to its use free of charge by eSky or other entities from the eSky group, as well as to its modification to the extent indicated above.
    24. eSky may use its websites to publish rankings, ratings or comments concerning eSky, Service Providers or Suppliers prepared by third parties. The rules of posting rankings, ratings or comments, including the manner of their preparation and verification, are defined in regulations developed by these entities independently of eSky.
  • § 2. DEFINITIONS

    1. Booking System – a programme managing transaction processes available via the www.eSky.co.uk 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.co.uk website, under conditions and in the scope specified in these Terms.
    5. Supplier – an entrepreneur providing services offered to the User through www.eSky.co.uk and other websites belonging to entities cooperating with eSky.
    6. Service Provider – an entrepreneur providing the User with the services specified in these Terms and Conditions, through the Booking System or directly, depending on the nature of the services provided.
    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 entrepreneur holding a valid certificate (concession, licence) authorising them to conduct business activity in the field of air transport and providing the services specified in these Terms and Conditions.
    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, correct 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.co.uk 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.
    17. Callback - an interactive tool made available in the Booking System allowing the User to leave their phone number in order to receive information concerning eSky services.
    18. ATOL Holder- entity holding an ATOL certificate granted by the Civil Aviation Authority (CAA).
  • § 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. It is forbidden for the User to provide illegal or offensive content, as well as to take actions that are contrary to the provisions of applicable law, the provisions of the Terms & Conditions, as well as established custom and principles of social coexistence adopted in this regard or that may cause disturbances or damage to the functioning of the Reservation System and violation of the rights of third parties when using the Reservation System.
    4. 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.
    5. The User shall be the holder of appropriate and valid documents enabling the implementation of services purchased via the Reservation System or the Customer Service Centre or for stay in the country of implementation of these services, in particular a valid ID card, valid passport, required visas and other documents that may be required depending on the scope of services provided. The User shall also be required to review the information on visa and language conditions available at www.eSky.co.uk.
    6. 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.
    7. 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.co.uk and the website of the Polish Ministry of Foreign Affairs.
    8. During the service booking process, the User is obliged to enter data that is true and current as of the time of the booking process. eSky shall not be liable for the inaccuracy of the information entered by the User in the process of booking services.
    9. When using the services available via the Reservation System, the User may be exposed to special threats connected to the use of electronic services, such as: the possibility of unauthorized person’s access to data transmitted via the network or stored on computers or mobile devices connected to the network, data interference, which may cause, in particular, its loss, unauthorized change or prevent the use of the services offered.
  • § 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

  • § 6. ISSUING AND DELIVERING INVOICES

    1. For services purchased via the www.eSky.co.uk website or via the Call Center, the Supplier or the Service Provider shall issue an electronic invoice based on data received from the User, provided that the User expresses a desire to receive the invoice during the booking process. By making a purchase and accepting these Terms, the User agrees to receive electronic invoices.
    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. 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.co.uk website or the Call Center, if 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. payment by means of transfer of funds from a payment account shall be possible only in the case of booking air tickets via www.eSky.co.uk made in advance, at least 2 business days before departure, if this form of payment is provided by eSky. When choosing as a payment method the transfer of funds from the account, the User shall be obliged to make a transfer immediately after making the reservation for the amount due eSky for the booked air ticket. In the event of a delayed receipt of the payment to the eSky bank account, the booking conditions may be changed by the airline.
      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 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 a transport agreement are the Service Provider designated and specified in the offer, providing the air transport services being the subject of the agreement, and the User. eSky does not provide air transport services at any stage and thus is not responsible for the performance of this service. Agreements concluded through www.eSky.co.uk, referred to above, are executed on the basis of general terms and conditions of individual Service Providers, available in the Booking System, with which the User concludes an agreement. Responsibility for the proper performance of air transport services shall be assumed in each case by the entity directly responsible for its performance.
    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. The selected flight options are presented in a manner adjusted to the details of the travel selected by the User and sorted by default to match the selected preferences of the enquiry made by the User, classified into three categories: "Best", "Cheapest" and "Shortest", based on the following parameters:
      • selected destination
      • total value of the air transport service
      • flight length
      • number of connecting flights
      • connecting time
      • departure and arrival airport
    7. 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.
    8. The purchase of an air ticket:
      1. 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 defined by the User that should be provided as part of the booking (e.g. special meal, accrual of points in the frequent flyer programme, flight with a pet, excess baggage, special cabin baggage, unaccompanied child, extra care for a passenger, assistance for an invalid, cradle for a child, etc.) should be reported through the Booking System, Call Centre or e-mail address provided by eSky in order to verify the possibility of their provision.
      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.
    9. The forms of payment for the purchase of air tickets are executed under conditions specified in § 7 of these Terms.
    10. The User's air ticket is issued by the Service Provider in an electronic form.
    11. 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.
    12. 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.
      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.
      3. In case of the Carrier cancelling the User’s booking, eSky refunds the full amount, after the funds are transferred from the Carrier.
    13. Return of an air ticket:
      1. The Payer shall be entitled to return the air ticket purchased via the www.eSky.co.uk 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 may contact the Call Center by phone to return the ticket or apply for a refund with the Carrier by themselves.
      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, in the currency, that was used during the payment. The return date is understood as the date when money is debited from the Service Provider's bank account.
    14. Changes/modifications of booking, additional services,
      1. The User changes the booking by themselves directly with the Carrier using the Call Center or via the contact form on the www.eSky.co.uk website.If the date of departure is less than 48 hours away, a booking modification is possible via the Call Center or directly with the Carrier.
      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 GBP):
        Change SF per person
        Changes to the ticket (including: changing the travel date and route, the passenger’s surname) 22,40
        Cancelling or returning the ticket 22,40
        Adding extra or special baggage 9,20
        Requesting an assistance service for an unaccompanied minor 9,20
        Booking a selected seat on the plane 9,20
        Ordering a special meal 9,20
        Transporting pets 9,20
        Priority boarding 9,20
        Additional services offered by the airline 9,20
        Online check-in/assistance during check-in 9,20

         

      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.
    15. During the flight ticket booking process, the User may be informed that by selecting a particular flight ticket they will be obliged to monitor possible flight schedule changes directly with the Carrier. This means that eSky will not inform the User about any changes, and thus the User will have to monitor changes independently and react to them accordingly. Should the Carrier fail to provide the User with relevant information regarding their reservation which would make it impossible to provide the service, they should contact eSky immediately in order to determine the status and the possibility of making necessary changes to the reservation.
    16. Providing email addresses during the booking process:
      1. For all communication between the User and the Carrier without the intervention of eSky, the User is required to use the same email address that they used to make the reservation in the Reservation System. Failure to do so means that, eSky will be unable to support the User in its service.
      2. eSky reserves the right to use the e-mail address provided by the User in the Reservation System to confirm and modify reservations with the Carrier.
  • § 9. The MultiLine service (+Shield Protection)

    1. General Provisions
      1. A flight designated as “MultiLine”, available to Users in the Reservation System, includes at least two connecting flights, with one transfer or multiple transfers and one or more Carriers involved, and for which separate tickets are issued. In this situation, each part of the route takes place on the basis of a separate ticket and is considered a separate service that is unrelated to other services provided as part of the Trip. Additionally, in such instances, it does not matter whether separate tickets are issued for the services of several carriers or just a single one (“MultiLine”). A combination of flights found via the Booking System as part of the MultiLine service shall hereinafter be referred to as a “Trip”.
      2. Purchasing a MultiLine ticket means purchasing more than one air ticket involving at least one connecting flight, for which the User receives separate flight tickets with one or more carriers as part of a single transaction process in the Booking System. The sum of tickets purchased for a given MultiLine Trip is not a single combined flight ticket that encompasses all individual flights, which are part of the Trip.
      3. Due to the fact that the MultiLine service is provided on the basis of separate flight tickets, through one or more carriers, and as part of a single Trip, the User is obliged to verify the luggage handling rules on all stages of the Trip, as well as the documents that authorise them to utilise the service, including entry or transit visas, which may be required in the country in which the MultiLine service is provided or in which a transfer to another flight takes place.
      4. Purchasing separate tickets for different flights by the User as part of the MultiLine service may be potentially subject to the risk of cancellation, delay or change of flight time and the resulting inability of the User to use another connection(s) which is part of the Trip, due to the fact that the transfer periods between individual air connections may be short (depending on the search parameters indicated by the User and the availability of flights in the Booking System).
      5. The availability of the MultiLine service in the case of different flight combinations depends on the availability of flight tickets of individual Carriers, as well as the criteria determined by the Users in the Booking System.
      6. If information about a MultiLine offer appears next to the search results, all persons travelling on the basis of tickets purchased as part of an offer marked in this way will be covered by the eSky assistance (“Shield Protection”) at an additional, non-refundable fee. This means that after purchasing tickets as part of this Trip, Users can receive assistance from eSky based on the terms established below:
    2. The basis for using the Shield Protection
      1. The User may take advantage of the Shield Protection if one of the connections which are part of the Trip is cancelled, delayed or rescheduled, resulting in the inability of the User to make a planned transfer or reach their destination.
      2. If the User receives information about a cancellation, delay or change in schedule of at least one of the MultiLine connections, which would result in their inability to successfully make the Trip, the User shall notify eSky that they are unable to make use of the next air connection that is part of the Trip, as well as the reasons for it, based on the following terms:
        1. if the User learns about the cancellation, delay or rescheduling of at least one of the MultiLine connections more than 48 hours before the scheduled start the Trip and if such an event will result in the inability of the User to make the Trip, the User is entitled to take advantage of the Shield Protection service, provided that they immediately notify eSky by phone or e-mail within 24 hours from the moment they receive such information.
        2. if the User learns about the cancellation, delay or rescheduling of at least one of the MultiLine connections less than 48 hours before the scheduled start of the Trip and if such an event will result in the inability of the User to make the Trip, the User is entitled to take advantage of the Shield Protection service, provided that they notify eSky by phone or e-mail within 12 hours from the moment they receive such information and at least 8 hours before the scheduled start of the Trip).
        3. If the User becomes aware of the cancellation, delay or time change of at least one of the MultiLine connecting flights during the course of the Trip, i.e. between individual connecting flights or during a transfer to the next section of the Trip or later than 8 hours before the start of the Trip, they may use the Shield Protection service, provided that they notify eSky immediately, but no later than within 1 hour from obtaining such information, by phone or via the email address provided.
      3. Failure to notify eSky within the aforementioned timeframes shall result in the inability to cover the given Trip with the Shield Protection service.
      4. User notifications are accepted 24 hours a day, 7 days a week, only via the dedicated phone number, provided in the “MultiLine” tab on the eSky website (+48 32 728 30 16) (call charges are according to your network operator's rate) and via e-mail, at multiline@esky.com. Customer support is available in the language of the eSky website via which the MultiLine service was purchased, or in English, depending on the availability of the eSky consultants.
      5. The User shall be entitled to take advantage of the Shield Protection only if they exercise due diligence that can be expected from a traveller who wishes to make it on time to each successive connection that is part of the Trip, even if a cancellation, delay or change of schedule occurs in the case of at least one of the MultiLine connections, resulting in the User’s inability to make the Trip, and only provided that the User does not make changes to the documentation necessary to make the Trip without informing eSky about that.
      6. As part of the Shield Protection service, relevant parties reserve the right to verify and determine the times of arrival and departure of aircraft, as well as the amount of time available for transfers between different air connections, based on the systems used by eSky and based on data in the GDS booking system or at the www.flightstats.com website.
    3. The scope of assistance available to the User via the Shield Protection service:
      1. After receiving information about the cancellation, delay or rescheduling of at least one of the MultiLine connections, resulting in the inability to make the Trip, from a User entitled to take advantage of the Shield Protection, the User will be notified of any available alternative connections that will allow them to reach the Trip destination (hereinafter referred to as “Alternative Connection”).
      2. If a User misses an air connection as a result of a cancellation, delay or rescheduling of at least one of the MultiLine connections included in a Trip, which results in the inability of the User to make the Trip, the User shall have the right to choose:
        1. An Alternative Connection available under the Shield Protection service can only be provided if the costs of the Alternative Connection that eSky would be subject to do not exceed the value greater than EUR 1,000 (the "Limit") expressed in currency in which the MultiLine transaction is made.
        2. Should eSky fail to present an Alternative Connection up to the Limit, the User will be entitled to a refund in the amount of the total value of the air tickets purchased for the purpose of the MultiLine Trip, instead of covering the costs of the Alternative Connection. The value of the refund does not include the value of services other than airline tickets purchased under the MultiLine service (e.g. costs of purchased tours, hotel booking, etc.). In order to receive a refund of the amount spent on a MultiLine ticket, the User must submit evidence confirming that the cancellation, delay or rescheduling of at least one of the MultiLine connections prevented them from completing their Trip. This evidence shall be the basis for eSky to decide whether a refund can be issued.
      3. In instances where the stopover time caused by a cancellation, delay or rescheduling of at least MultiLine connections exceeds 8 hours and the originally-planned Trip time, and partly or entirely takes place during the night hours (10.00 p.m.–06.00 a.m. of the local time in the area in which the Trip was interrupted), and the User decides to take advantage of the Alternative Connection option, the User shall have the right to:
        1. one overnight stay at a hotel provided by eSky or, in instances where that is impossible, reimbursement of costs of booking a room by the User, up to EUR 100 per person. Such reimbursement can only be issued if the User submits documentation from the hotel that would confirm that they made the payment and that the purchased service was implemented by the hotel.
        2. reimbursement of transport costs (according to the principle of 1 taxi - 4 people) on the route to/from the hotel/airport, in the amount of up to EUR 50, on the basis of documentation confirming that the payment was issued, and the transport service was implemented
        3. reimbursement of the costs of meals, up to EUR 25 per person, based on documentation confirming payments for meals.
      4. In exceptional cases, if the User is unable to contact eSky regarding the cancellation, delay or rescheduling of at least one of the MultiLine connections, the User is entitled to purchase tickets that will enable them to travel to their destination on their own. eSky, on the basis of the proof provided by the User that confirms the inability to contact eSky as well as the document that confirms the purchase of such tickets, will refund the value of these tickets up to the value of the tickets purchased as part of the Trip, but no more than up to the Limit. eSky will examine all such exceptional cases on a case-by-case basis to determine whether it was indeed impossible for the User to notify eSky about the aforementioned issues. Such investigations will be carried out on the basis of all available information and data regarding Trip implementation, and it is on their basis that eSky will decide whether a reimbursement shall be issued.
      5. Any and all reimbursements of costs incurred and documented by the Users shall be made in accordance with the payment form chosen by the User during booking. In the case of reimbursements transferred directly to the User’s account indicated in the Booking System, the reimbursement amount established as part of the Shield Protection service shall be reduced by any amounts refunded directly to the User by the airlines at particular stages of the Shield Protection service, up to a maximum of the value of all tickets purchased for the purpose of the MultiLine Trip.
      6. Refunds will be made on the terms and within time provided for by individual carriers, therefore the deadline for the refund under the Shield Protection service depends on the dates of these refunds by specific carriers whose services the User used as part of MultiLine.
      7. The Shield Protection service shall not cover any other costs that may result from delays, cancellations or changes in schedules of at least one MultiLine connection, which the User decides to incur as part of the Alternative Connection service, in particular, costs related to transport and meals, other than those described above.
      8. In order to use the Shield Protection, the User may be required to undertake certain actions, as directed by an eSky consultant. For example, they may be asked to report to a specific point at the airport, where they will be able to settle any formalities related to replacing their unused tickets and continuing the Trip. Failure to complete these actions shall prevent the User from taking advantage of the Shield Protectiond service.
      9. The Shield Protection service does not cover flight connections provided on the basis of a single flight ticket. The entities bearing full responsibility for all possible problems associated with such air services are the Carriers themselves. In such cases, the User is obliged to contact the Carrier or airlines which are responsible for the given Trip directly. It should be remembered that each Carrier may establish different fare conditions, as well as different terms and conditions for Trip implementation. Therefore, Users are obliged to familiarise themselves with such regulations each time. eSky shall not be held liable for any inconveniences that the Users may incur due to their lack of compliance with the Carrier's fare conditions.
      10. If an alternative connection or other services specified in these Regulations (e.g. transport, meals) are provided by the airline or the airport, or in instances where the aforementioned entities are obliged to provide the User with such services, the Shield Protection protection shall not apply.
      11. Any loss of luggage that occurs due to reasons beyond the control of eSky shall not result in the inability of the User to make the Trip and shall not authorise the User to use the Shield Protection.
      12. Purchasing/changing a ticket that is part of a Trip covered by the Shield Protection service independently by the User prevents them from taking advantage of the Shield Protection service, with the exception of the provisions of paragraph II. 4.
      13. The Shield Protection service does not apply in instances where the cancellation, delay or rescheduling of at least one MultiLine connections was a result of a strike organised by employees of airlines or any other services that are involved in servicing flights, as well as in the event of the airline going bankrupt, issues caused by force majeure, issues directly related to local and international warfare and acts of terror.
      14. Shield Protection does not apply when the Carrier performs mass cancellation of flights, however, the phenomenon of mass cancellation occurs when the Carrier cancels or plans to cancel at least 5 flights from the planned schedule in one day.
      15. The User is not entitled to take advantage of the Shield Protection service after their Trip has ended.
      16. In order to use the Shield Protection service, the User is required to cooperate with eSky, and in particular, submit all documents and information that the eSky consultants ask for at any stage of the Trip, as well as after the Trip itself has ended.

PACKAGES FLIGHT+HOTEL

  • § 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 Agreement is concluded only if the services covered by this clause are implemented, the acceptance of which takes place via the Reservation System or via the Customer Service Centre. Confirmation of the conclusion of the Agreement and its components will be sent by a separate document to the e-mail address indicated in the Reservation System or via the Customer Service Centre. Considering the above, the Tour Operator and the User agree that communication regarding the implementation of the provisions of this clause takes place in electronic form, and a durable medium shall be an e-mail message and PDF documents sent to the User as confirmation of the service.
    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 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 0000383663, NIP 948-19-87-199, REGON 670140736, share capital PLN 1 060 877,50 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 make amendments in the reservation. The request will be passed onto the Service Provider. eSky is not able to confirm if the Service Provider will make the amendments the User has requested.
    15. Amendments can only be made and accepted at the discretion of the Service Provider and in accordance with their terms and conditions, which are made available at the time of booking. eSky can’t guarantee, that the service is refundable or eligible for amendments.
    16. If the date of departure is less than 48 hours away, a booking modification is possible solely via the Call Center. No changes can be made less than 7 days before departure via the contact form.
    17. Only the lead User may request amendments to the booking or transfer the package booking to another person who satisfies all the conditions applicable to the Package. Both passengers accept the liability, jointly and individually, for full payment of any balance due to be paid and any fees charges or other costs arising from the transfer.
    18. The Service Provider may charge additional amendment fees.
    19. The User needs to inform eSky when they make any change with the airline, voluntary or involuntary, so that eSky can change the hotel reservation accordingly, the contact is needed for eSky to verify hotel conditions in case of change or cancellation.
    20. 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.
    21. 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.
    22. 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.
    23. The tour operator is entitled to unilaterally make minor changes to the terms and conditions of the Agreement after informing the User in advance. Other changes that can be made before the start of the travel package, including changing the main elements of the tourist services, the inability to meet special requirements, or increasing the price exceeding 8% of the total price of the travel package, are implemented after immediately informing the User and presenting available substitute services and the rules for their implementation.
    24. 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.
    25. 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.
    26. 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.
    27. 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.
    28. 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).
    29. For the benefit of User using the www.eSky.co.uk covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the PT Trustees Ltd.
    30. Unless the description of the object selected by the User as part of the travel package implementation clearly indicates information about facilities provided for the disabled, these facilities are not adapted to the needs of the disabled.
    31. Unless explicitly stated otherwise, eSky will not be liable or provide compensation if our contractual obligations to the User are impacted by extraordinary and unavoidable circumstances. These circumstances refer to any event beyond our control or the control of the supplier or airline.
    32. Price Match Guarantee
      1. A User who has purchased a travel package in the Booking System at www.eSky.co.uk and then within 24 hours from the confirmation of the booking at eSky.co.uk finds an identical offer to purchase a travel package at a lower price offered by another entity authorized to sell and organize travel packages and linked travel arrangement on another website, may claim from eSky.co.uk the refund of the difference between the prices of the travel packages.
      2. The Price Match Guarantee is valid only for travel packages (including "flight+hotel", "City Break" and "Holidays" products) and is not valid for flights only, hotels only or other products available on eSky.co.uk website.
      3. The Price Match Guarantee is available only for bookings made via the eSky.co.uk website and may be applied only once per booking.
      4. The Price Match Guarantee can only be used by the payer of the travel package.
      5. The price of a travel package, which the User finds on another website and sends for comparison as potentially cheaper offer, than the one booked on eSky.co.uk, must be given in British Pound (GBP).
      6. The total cost of a travel package found on another website must include all fees and must not include any discounts resulting from vouchers, corporate discounts, promotional vouchers, wholesale offers or discounts, etc.
      7. The price must be available to all Users (without the need to be a member or part of a loyalty program) and eSky must be able to obtain the same price for the travel package during the verification process.
      8. Every detail of the booking established by eSky.co.uk must be consistent with the booking that turned out to be cheaper, in particular:
        1. number of passengers,
        2. fare of the purchased flight,
        3. airline,
        4. the start and end dates of the services purchased under the booking
        5. duration of the travel package
        6. flight timetables,
        7. flight numbers,
        8. flight route,
        9. amount and type of luggage,
        10. on-board allowances,
        11. transfers,
        12. name and location of the hotel,
        13. type and standard of the room,
        14. room equipment,
        15. meal formula.
      9. To receive a refund of the difference in the purchase price, the User shall, no later than 24 hours after purchasing a travel package through eSky.co.uk, send a request (application) together with the User's data, by e-mail to the following address: guarantee@esky.co.uk. When sending the request, the User shall provide a screenshot of a visible website where the User has found an offer for an identical travel package which is cheaper than the one they booked through eSky.co.uk, together with the visible URL address of the website with the cheaper offer and the visible date and time of taking the screenshot. Additionally, when sending a request, the User shall include the reference number of the booking made by eSky.
      10. eSky shall consider the User's application within 14 days from its receipt.
      11. Upon verification of the request by eSky, the difference in the purchase price shall be refunded to the User, by the means of payment from which they made the payment for the travel package purchased from eSky.
      12. The User shall not be entitled to receive a refund of the difference in the price of the travel package if:
        1. They fail to comply with any of the above conditions; or
        2. uring the verification process of an offer of an identical touristic event sent (on guarantee@esky.co.uk) by the User, it turns out that this offer is unavailable in such a way that eSky can't verify it, and the User does not provide any other material confirming the existence of an offer identical to the one offered by Service in another entity; or
        3. in relation to the travel package purchased through eSky.co.uk a refund has already been made to the User once.
  • § 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 non-refundable 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 the user will be exempt from a service fee for making changes to the purchased ticket, charged by eSky for individual additional services, indicated in the Service fee table and included in the purchased Service package. 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 is an additional, paid and non-refundable service 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 or online check-in confirmation 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 incur additional charges at the airport defined by the airline or it may be impossible for them to depart. In case of making changes to the booking, by the Carrier or at the User's request, directly at the Carrier, while having purchased the online check-in service, the User is obliged to immediately inform eSky about the changes made. In the event of failure to provide this information, eSky will not be able to perform the online check-in service effectively. Given the above, eSky will not be liable for the ineffective performance of the online check-in service, including costs and resulting consequences.
    5. 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 Germany GmbH, Boxhagener Strasse 18, 10245 Berlin, Germany, VAT ID: DE 320095320, 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.
    6. AirHelp+ - an additional paid non-refundable service made available to any User making a reservation via the Reservation System or the Telephone Service Centre enabling assistance in obtaining compensation up to EUR 600 for a delayed, cancelled or overbooked flight and reimbursement up to EUR 6,000 for unplanned costs caused by a delayed flight (hotels, cabs, air tickets, meals) carried out on the conditions indicated by the service provider, i.e. AirHelp Germany GmbH, Boxhagener Strasse 18, 10245 Berlin, Germany, VAT ID: DE 320095320 specified in detail on https://www.airhelp.com/en/terms/.
    7. InDest is an additional free service that enables the user to search and book events and tourist attractions via the external internet platform https://indest.travel/, managed and operated by In-Destination AB with its registered office at Lilla Bommen 6, 411 04 Göteborg, Sweden, registered under number 559263-4421. After making a reservation via the website https://www.esky.co.uk/, the user will receive a text message to their phone number, as provided in the Personal Questionnaire, with a link to the online platform https://indest.travel/. This will allow the user to search for and book events and tourist attractions that are available in the destination. The provision of In-Destination AB services depends on the acceptance of the booking conditions, and the regulations of service providers who make their offers available via the internet platform https://indest.travel/. The company In-Destination AB and each of the suppliers offering their services through its platform are directly responsible for the correct implementation and operation of the services available on the internet platform https://indest.travel/. As such, eSky will not be liable for incorrect delivery of any service provided on the internet platform https://indest.travel/, including any costs incurred or any other consequences resulting from booking events or tourist attractions.
    8. Booking a preferred seat on an aircraft is provided as an additional paid service. This service allows the User to select and reserve their preferred aircraft seat using the electronic system of each Carrier for a purchased air ticket, if such a possibility is offered in the booking process. Service provision of preferred aircraft seat reservation, as well as the handling of complaints, is subject to the Carrier's General Conditions of Carriage and Ticket Booking Conditions. These rules will be communicated to the User during the booking process. Any payment made to reserve a preferred seat on an aircraft is non-refundable, except as provided by the Carrier in its Conditions of Carriage and Ticket Booking Conditions. If the preferred seat selected by the User is not available, eSky is entitled to book another seat on the aircraft with characteristics as close as possible to the originally preferred seat. Failure to book a seat on an aircraft with characteristics as similar as possible to those originally preferred (e.g. window, aisle or middle seat) will result in a refund of the fee charged to the User, but will not affect the validity of the air ticket reservation, which will remain valid as the booking of a preferred seat is an additional optional service. eSky is not responsible for any changes made by the Carrier to seat reservations in accordance with the Carrier's internal regulations, in particular for operational or security reasons.
    9. The transfer service is an additional service. This service allows the User to book transport between the hotel and the airport. The Transfer Service is available in the Reservation System during the purchase of the Package (Flight + Hotel) and is only available in the option from the airport to the hotel and then from the hotel to the airport (round trip). Users can choose between two types of transfer services: private transfer and shared transfer. In the case of a private transfer, the vehicle is reserved exclusively for the individual user or the user and his/her group. The Shared Transfer option allows you to travel in the company of other passengers. The price of the transfer service is determined by the offer of the transfer service provider and is a fixed price. A VAT-margin invoice will be issued when the transfer service is purchased.
  • § 12. LINKED TRAVEL ARRANGEMENTS

    1. The User using the www.eSky.co.uk 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.co.uk covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the PT Trustees Ltd.
  • § 13. IATA GENERAL CONDITIONS OF CARRIAGE

  • § 14. REFERENCES TO AIRLINE REGULATIONS

    Aer Lingus, Air Baltic, Air Europa, Air Iceland, Airasia, Atlas Blue / Royal Air Marocco, Aurigny, Blue Islands, Bulgaria Air, Condor, Corendon, DAT, easyJet, Eurowings, GOL, Helvetic, Jet2, TUI fly , Jet Blue Airways, Jetstar Airways, Jetstar Asia Airways, Luxair, Norwegian, Pegasus Airlines, Ryanair, Smart Wings, SpiceJet, Spirit Airlines, Sun Country Airlines, SunExpress, Vueling, WestJet Airlines, Wizz Air, Volotea, VivaAerobus, JetSmart, Avianca, LATAM, AZUL, SkyAirlines, Amaszonas, Aerolínea de Antioquia.

HOTEL BOOKINGS

  • § 15. HOTEL BOOKINGS

    1. eSky via www.eSky.co.ukand 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 any agreement for the provision of hotel services or any other agreement related thereto concluded through the Booking System. A party to such an agreement is always the User and the Service Provider designated and specified in the offer, an entrepreneur providing services being the subject of the agreement.
    3. The selected hotel services offered by Suppliers are presented in a way adjusted to the details of the services selected by the User and sorted by default to match the selected preferences of the enquiry made by the User, based on the following parameters:
      • destination
      • type of stay: short break, citybreak (2-4 days), holiday (5-14 days)
      • type of accommodation
      • accommodation standard
      • User segment
    4. Agreements concluded through the Booking System are concluded and executed under the general terms and conditions of agreements with individual Service Providers or Suppliers. All data contained in the offer presented in the Booking System are based on data provided directly by the Suppliers. Booking terms and conditions, including liability and guarantee issues concerning hotel services provided by Suppliers  are subject to the terms and conditions specified in the order and in accordance with their regulations – e.g. https://developer.ean.com/terms/en/https://www.booking.com/content/terms.en-gb.htmlhttps://download.loveholidays.com/terms/HotelBeds-Booking-Conditions.pdf.
    5. In booking hotel services, eSky provides the User with the following:
      1. Direct access to hotel services and facilities offered by Suppliers, both at home and abroad,
      2. A possibility to use services provided by Suppliers in any chosen way, customised by the User, available on www.eSky.co.uk.
    6. The rules of bookings and payments for hotel services:
      1. Depending on the choice of the services of a particular Supplier, a hotel service is booked through the Booking System simultaneously with the User making payment, within the deadlines resulting from the offer of the given facility, directly to the Supplier offering the facility, without payment to eSky (payment in the hotel or in the manner indicated by the Supplier) or by means of payment made available by eSky.
    7. Types of booking:
      1. Booking with eSky under the terms and conditions specified by Suppliers or under the terms and conditions specified by eSky, where eSky is responsible for the transfer of booking confirmations, payment processing and after-sales correspondence.
      2. Booking with a Supplier (via booking.com) under the terms and conditions specified by Suppliers, with the booking being conditional on the final payment, as specified by the Supplier or directly in the hotel, where the Supplier is responsible for the transfer of booking confirmations, payment processing and after-sales correspondence.
    8. Enquiry confirmation and price:
      1. Depending on the type of booking selected, the User shall receive an enquiry confirmation directly from eSky or from the Supplier at the email address provided by the User, containing, in addition to the booking number, information about the hotel service and the total price of the service.
      2. For eSky booking, the price of the hotel service is expressed in GBP or in any other currency specified in the enquiry form. The price of the service includes the fee for the stay, VAT and all other taxes and charges, unless otherwise specified on the Booking System website or in the e-mail booking confirmation.
      3. For Bookings with the Supplier, the price of the hotel service is given in GBP. The real value of the service in foreign currency is also given in the booking window.  The price of the service includes the fee for the stay, VAT and all other taxes and charges, unless otherwise indicated by the Supplier on its website or in the Supplier's e-mail booking confirmation.
      4. If the booked accommodation service, according to its terms and conditions, requires the User to make payment to eSky, the price of the service provided in the booking confirmation is not guaranteed until the payment is received by eSky, due to the terms and conditions specified by the Suppliers.
      5. The User is obliged to check the accuracy of the data contained in the payment form before making payment.
    9. Placing an order for a hotel service:
      1. The User may place an order after entering their personal data into the Booking System. Before placing an order, it is the User's responsibility to check the accuracy of the data provided, to read and accept these Terms and Conditions and to read the service booking terms and conditions concerning the facility offering the service selected by the User and the rules indicated by the Supplier, available in the Booking System.
      2. Upon receipt of a booking request, eSky may contact the User to verify the User's details and confirm the offer. If the User cannot be contacted, eSky is not responsible for the successful acceptance of the booking by the Supplier, as stated in the request.
      3. Each booking/request is transferred by eSky on behalf of the User to the relevant Supplier as an order declaration.
      4. The relevant Service Provider and Supplier have the right to cancel a booking in the case of failure to appear on the start date of the service on the premises if the facility offering the service and in situations specified in the service terms and conditions of the relevant Service Provider and Supplier, which are available to the User prior to making the booking. The time and conditions of cancellation are specified in the detailed booking conditions of the facility offering the service.
    10. The booking of a hotel service is subject to the cancellation policy on the booking page of the relevant Supplier made available to the User on their Account and indicated in the documentation available and provided as part of the booking or in the user panel made available by the Supplier, under the terms and conditions specified in the documents provided by the 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 international classification of hotels based on the star system provides non-binding information about the standard of a given hotel. Information about hotels, photos, rankings and local amenities, which are visible in the offer of a particular hotel, presented via eSky, are based on data made available by the Supplier; eSky is not liable for the accuracy and adequacy of the information presented.
    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. Depending on the service chosen by the User when making a reservation via the Reservation System or the Call Center, the Insurer for the insurance product indicated and selected by the User is:
      • in the case of insuring the Costs of All Risk trip cancellation insurance, BASIC trip cancellation insurance, Travel insurance for foreign trips, Travel insurance for foreign trips PLUS, Travel insurance for domestic trips - the insurer is Inter Partner Assistance SA Branch in Poland with headquarters in Warsaw, ul. Giełdowa 1; 01 - 211 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Department of the National Court Register under KRS number: 0000320749, with tax identification number NIP: 108-00-06-955, with the share capital of EUR 31 702 613.00 is a branch of the foreign insurance company Inter Partner Assistance SA with its registered office in Brussels, email: claims@axa-assistance.pl (hereinafter "AXA Partners")
      • in the case of Travel Protect Insurance for foreign trips, Travel Protect Insurance for domestic trips, Travel Protect Insurance for resignation from travel in emergencies, Travel Protect Travel Luggage Insurance - the Insurer is Colonnade Insurance SA registered in Luxembourg under the number: B 61605, head office : rue Jean Piret 1, L-2350 Luxembourg, operating in Poland by Colonnade Insurance Société Anonyme Branch in Poland registered in the District Court for Capital City Warsaw, XII Department of the National Court Register under number 0000678377, NIP 1070038451, with registered office at ul. Prosta 67, 00-838 Warsaw, with fully paid-up share capital of EUR 9,500,000, e-mail: info@colonnade.pl (hereinafter referred to as "Colonnade")
    2. The Insurance Agent for Colonnade and AXA Partners 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 District Court Katowice-Wschód in Katowice, VIII Commercial Department of the National Court Register under number K RS 0000751962, NIP: 954-279-73-53, REGON: 381493361, the amount of share capital PLN 5,000 (paid in full ), which is who is the controller of customer personal data on the terms set out here.
    3. The Agent operates on the basis of power of attorney to carry out Agent’s activities granted by the Insurer, the content of such activities Colonnade is available here, while for AXA Partners is available here.
    4. eSky, acting as the Policyholder, performs all actual and legal activities related to the conclusion or performance of group insurance contracts specified in this Regulation, including
      • As part of Colonnade and AXA Partners group insurance, it informs Users about the conclusion of a group insurance agreement, about the conditions of accession and resignation, the subject and scope of group insurance and the obligations of the insured User , provides the necessary documents before joining group insurance, including documents regarding the principles of processing personal data documents and documents confirming the authorization to operate under individual insurance products, as well as accepts for group insurance, instructs on what to do in the event covered by a group insurance contract.
    5. The Policyholder will provide Users with all necessary information on the scope of insurance services through the Reservation System or via the Call Center. The Policyholder is obliged to provide the User with the terms of the group insurance contract before agreeing to finance the costs of the insurance premium.
    6. The group insurance contract is concluded, depending on the User's choice of insurance product:
      • in the case of insuring the Costs of All Risk trip cancellation insurance, BASIC trip cancellation insurance, Travel insurance for foreign trips, Travel insirance for foreign trips PLUS, Travel insurance for domestic trips between AXA Partners and eSky on behalf of Users joining group insurance. The insurance coverage is provided in accordance with the Special Conditions of All Risk Trip Cancellation Insurance, Special Conditions of BASIC Trip Cancellation Insurance, Special Conditions of Travel insurance for foreign trips, Special Conditions of Travel insurance for foreign trips PLUS, Special Conditions of Travel insurance for domestic trips, as well as on the principles set out in the Reservation System or via the Call.
      • In the case of Travel Protect Insurance for foreign trips, Travel Protect Insurance for domestic trips, Travel Protect Insurance for resignation from travel in emergencies, Travel Protect Travel Luggage Insurance - Colonnade and eSky for the account of Users joining group insurance. The insurance coverage is granted in accordance the General Terms and Conditions of Travel Protect Group Insurance for foreign trips, the General Terms and Conditions of Travel Protect Group Insurance for domestic trips, the General Terms and Conditions of Travel Protect Group Insurance for resignation from travel in emergencies, the General Terms and Conditions of the Travel Protect Group Travel Luggage Insurance in the scope specified in these Regulations, as well as on the principles set out in the Reservation System or through the Call Center.
    7. All documents regarding individual insurance products, including their scope, are available in the Reservation System or via the Call Center.
    8. Depending on the choice of insurance product, the document confirming the accession to the insurance contract is the Insurance Certificate sent to the User electronically after completing the reservation procedure in the Reservation System or via the Call Center.
    9. Certificate of Insurance General Terms of Group Insurance Colonnade, Special Terms and Conditions of AXA Partners as well as any other documents made available to you in the Reservation System or through the Call Center on the implementation of services purchased through the Policyholder will be sent on specified by you e-mail.
    10. Joining the group insurance by the User is voluntary and involves agreeing to finance the cost of the insurance premium. The user queries the valuation of the above costs by selecting one of the options proposed by the Reservation System or via the Call Center by entering all necessary data into the personal questionnaire.
    11. The User finances the cost of the insurance premium after having entered real personal data into the Reservation System. Before entering into a group insurance contract, it is the User's responsibility to read and accept these Regulations and, depending on the insurance product selected, the General Terms and Conditions of Colonnade Group Insurance or the Special Terms and Conditions of AXA Partners, as well as all other documents made available to the User in the Reservation System or via the Call Center.
    12. The User receives to the e-mail address provided by him a confirmation containing, among others: reservation number, information on the total insurance price and payment method. The costs incurred by the Insured are expressed in the currency specified in the Reservation System or through the Call Center.
    13. Payments regarding the insurance product are made on the terms set out in point VII of the Regulations and in accordance with the General Terms and Conditions of Colonnade Group Insurance and the Special Terms and Conditions of AXA Partners.
    14. In the case of joining group insurance via the Internet , the consumer has the right to use the non-judicial dispute settlement method and submit his complaint via the EU ODR online platform, available at: 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. Tours and Attractions:
      eSky provides advertising space rental services to the benefit of GetYourGuide Deutschland GmbH with headquarters at Sonnenburger Str. 71-75, 10437 Berlin in Germany, which provides services on the terms specified in the regulations of the services of this entity, available at https://www.getyourguide.com/terms_of_business. eSky may inform about the possibility of purchasing additional services in the scope of booking tourist attractions in cooperation with GetYourGuide during the telephone service of bookings or other services.
    3. Transfer services and car parks:
      eSky provides advertising space rental services to the benefit of Mozio, Inc., a Delaware corporation with headquarters at 9450 SW Gemini Dr., Beaverton, OR, 97008 in the United States of America, which provides services on the terms specified in the regulations of the services of this entity, available at https://www.mozio.com/en-us/terms-of-service. Special conditions regarding transfers are defined by the entities directly providing these services, the terms of which are available through Mozio, Inc. eSky may inform about the possibility of purchasing additional services while managing the booking via telephone.
    4. Ferry crossings:
      eSky provides advertising space rental services to the benefit of FERRYSCANNER MONOPROSOPI IKE with headquarters at 7 Miltiadou Str., P.O 10560, Athens in Greece, which provides services on the terms specified in the regulations of the services of this entity, available at https://www.ferryscanner.com/en/terms-and-conditions. eSky may inform about the possibility of purchasing additional services in the scope of booking ferry crossing services in cooperation with FERRYSCANNER during the telephone service of bookings or other services.
    5. E-visas (Tourist visas):
      eSky provides advertising space rental services to the benefit of VISA RUN INC. (Sherpa) 868-313 Richmond St. E. Toronto, ON M5A 4S7 with headquarters in the United States of America, which provides services for the sale of electronic visas on the terms specified in the regulations of the services of this entity, available at https://www.joinsherpa.com/legal/terms-conditions/. eSky may inform about the possibility of purchasing additional services in the scope of purchasing electronic entry visas to various countries in cooperation with VISA RUN (Sherpa) during the telephone service of bookings or other services.
    6. Sports and music events:
      eSky provides advertising space rental services to the benefit of Sports Events 365 Ltd. – Company Reg No. 513843920 with headquarters in Israel 2 Haetgar St., P.O.B. 163, Tirat Hacarmel 3910101, which provides services for the sale of tickets for sports and music events under the conditions specified on the website https://www.sportsevents365.com/ and on the terms specified in the regulations of the services of this entity, available at https://www.sportsevents365.com/about/tou/. eSky may inform about the possibility of purchasing additional services in the scope of purchasing tickets for sports and music events in cooperation with Sports Events 365 Ltd. during the telephone service of bookings or other services.

COMPLAINTS

  • § 18 COMPLAINTS

    1. Complaints may be lodged in relation to eSky's lack of execution or improper execution of service, whose execution is the responsibility of eSky. Complaints may also relate to lack of execution or improper execution of services offered using eSky by third parties, whose liability will be determined individually by such third parties independently from eSky.
    2. Complaints within the range of reservations, purchased tickets and other tourist services can be reported directly via the complaint formula available here, in the written form in the eSky office, ul. Murckowska 14a, 40-265 Katowice, Poland. The customer will be informed of the acceptance and the result of the complaint within 14 days of its receipt or on the day indicated by the tour operator or other Service Provider.
    3. The decision issued by eSky and given to the User shall end the complaint process conducted by eSky. If the result of the complaint is not satisfactory, the User has the right to resolve the matter in court or out of court and lodge the complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/. Non-judicial dispute resolution is called ADR (Alternative Dispute Resolution) - it is an amicable proceeding in disputes between consumers and entrepreneurs. More information on o non-judicial dispute resolutions regarding consumer rights can be found on the ODR online platform, list of authorities providing assistance in such disputes may be found here.
    4. In order to provide the User with a substantive and appropriate answer, complaints will be considered within the statutory deadlines and sent to the User's indicated address in Polish or English, and depending on the availability of eSky consultants, in the language in which the complaint was submitted.
    5. eSky indicates that if the complaint concerns services provided by other entities, the user will be informed about it and receive information about the possibility of submitting a complaint to this entity or will or will implement such a complaint based on the authorization and consent of the User, if the content of the complaint submitted to eSky describes the information enabling complaints to be submitted to the service provider. In the case when there is no contact with the User, eSky may take independent actions in the 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.co.uk 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.
    6. Transactions made through eSky shall be governed pursuant to the Polish law
    7. Selection of the Polish law may not have the result of depriving the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law applicable to the consumer's habitual residence(i.e. the country of the domain on which the transaction took place).

POLICY REGARDING WITHDRAWAL FROM THE AGREEMENT

  • § 20. POLICY REGARDING WITHDRAWAL FROM THE AGREEMENT

    1. eSky informs you about the possibility of withdrawal from a remote agreement; however, the right of withdrawal from a remove agreement does not apply to service agreements, where the service has been fully performed, if the performance has been commenced with the express prior consent of the consumer and after the consumer has acknowledged that they will lose his right of withdrawal once the agreement has been fully performed by the entrepreneur, as well as for accommodation services other than for residential purposes, car rental, leisure, entertainment, sports or cultural services if the agreement stipulates the date or period of service performance.
    2. The right of withdrawal set out in generally applicable legislation shall not apply to agreements for the transport of passengers and to agreements for participation in a tourist event.
    3. Considering the foregoing, prior to the commencement of the provision of services specified in these Terms and Conditions, eSky informs you that a User who has concluded a remote agreement for the provision of these services shall not have the right to withdraw from the agreement without giving reasons and without incurring costs within 14 days from the conclusion of the agreement, due to the characteristics and scope of the services provided and due to the full performance (at the User’s express request) of the service by eSky.pl S.A. in the form of booking of third party services – the eSky service fee is non-refundable. If Service Providers allow for the possibility of reimbursing part or all of the value of the services in the event of withdrawal from the agreement, the consumer shall be expressly informed thereof.

NEWSLETTER

  • § 21. NEWSLETTER SERVICE

    1. Each User may subscribe to the newsletter service by giving consent to receive commercial messages as defined in Art. 10 sec. 2 of the Act of 18 July 2002 on the provision of electronic services through the communication channels provided by eSky, i.e. to enable sending commercial and marketing information to the email address provided by the User, as well as information on new offers and promotions offered by Service Providers.
    2. Consent is given by providing your email address in the appropriate field at www.eSky.co.uk when making a booking during the transaction process or when registering an account in Your account by selecting the appropriate checkbox in order to receive commercial and marketing information.
    3. The graphic items and content of the newsletter are subject to proprietary copyrights or other intellectual property rights, including industrial property rights, held by the Service Provider or third parties and are subject to legal protection. Any reproduction, modification and use in a manner inconsistent with the intended purpose or without the consent of the Service Provider may constitute a violation of the law.
    4. The newsletter subscription service is a free service available to any User who agreed to obtain such subscription.
    5. The user may withdraw consent to receive the newsletter by submitting a request to eSky via the contact form available at www.eSky.co.uk or by canceling the subscription by clicking the appropriate link in the received email regarding the newsletter.
    6. Once the newsletter has been unsubscribed, the Service Provider ceases to send marketing content to the User's e-mail address. The User may subscribe to the service at any time.

ATOL PROTECTION

  • § 22. ATOL

    1. Any funds the User provides to eSky for a Package Holiday covered by an Air Travel Organiser's License (ATOL) are held by eSky on behalf of and for the benefit of the PT Trustees Ltd.
    2. eSky offers financial protection for the User’s Package Holidays that include flights through the ATOL scheme administered by the Civil Aviation Authority, located at Gatwick Airport South, West Sussex, RH6 0YR, UK, reachable by telephone at 0333 103 6350 or via email at claims@caa.co.uk. Our ATOL number is 12520 Upon purchasing a flight-inclusive Package Holiday from us, the User will receive an ATOL certificate. This certificate provides details about the financial protection, where to find additional information, and whom to contact.
    3. The price of the flight-inclusive packages includes an amount of £2.50 per person as part of the ATOL Protection Contribution (APC), that eSky pays to the CAA. This charge is already included in eSky’s advertised prices.
    4. eSky, or the Suppliers identified on your ATOL certificate, will furnish the User with the Services listed on the ATOL certificate. In instances where neither we nor the Supplier can provide these services due to insolvency, an alternative ATOL holder may step in to offer the services you've purchased, at no extra expense to the User.
    5. If eSky, or the Suppliers identified on the ATOL certificate, cannot provide the listed services, or a suitable alternative, either through an alternative ATOL holder or by any other means due to insolvency, the PT Trustees Ltd may offer the User a payment or provide a benefit to under the ATOL scheme.
    6. The User agrees that in return for such a payment, the User assigns any claims which they have or may have relating to the non-provision of the services to the Trustees, including any claim against eSky.