§ 8. AIR TICKETS
- 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.
- 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.
- 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.
- The parties to the transport agreement are the Service Provider specifically indicated and defined in the offer, providing air transport services which constitute the subject of the agreement and the User. Agreements referred to above and concluded via the www.eSky.com.my website are executed on the basis of general conditions of agreements with specific Service Providers which enter into an agreement with the User.
- 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.
- Confirmation of the search and change of price:
- 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.
- Given the preliminary nature of the booking, the price of the ticket is not guaranteed until the Service Provider receives the payment.
- 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.
- The purchase of an air ticket:
- 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.
- 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.
- 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.
- Additional services specified by the User which should be executed as part of the booking (e.g. a special meal, points in the frequent flyer programme, flight with an animal, excess baggage, special cabin baggage, unaccompanied child, additional care for the passenger, disability aid, child crib and other) should be ordered using the Call Center or at the e-mail address indicated by eSky, to verify their availability.
- 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.
- The forms of payment for the purchase of air tickets are executed under conditions specified in § 7 of these Terms.
- The User's air ticket is issued by the Service Provider in an electronic form.
- 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.
- Cancellation of booking by the fault of the Carrier:
- eSky shall not be liable for changes in Users’ bookings and cancellations of those bookings made by the airlines.
- 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.
- Return of an air ticket:
- The Payer shall be entitled to return the air ticket purchased via the www.eSky.com.my 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.
- 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.
- 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.
- Changes/modifications of booking, additional services,
- The User changes the booking by themselves directly with the Carrier using the Call Center or via the contact form on the www.eSky.com.my 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.
- If the date of departure is less than 48 hours away, a booking modification is possible solely via the Call Center.
- 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).
- 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 MYR):
||SF per person
|Changes to the ticket (including: changing the travel date and route, the passenger’s surname)
|Cancelling or returning the ticket
|Adding extra or special baggage
|Requesting an assistance service for an unaccompanied minor
|Booking a selected seat on the plane
|Ordering a special meal
|Additional services offered by the airline
|Online check-in/assistance during check-in
- 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.
- 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.
- 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.
§ 9. The MultiLine service
- General Provisions
- 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”.
- 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.
- 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.
- 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).
- 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.
§ 10. PACKAGES FLIGHT+HOTEL
- 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").
- 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.
- 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 1 019 525.60 paid in full.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The price increase is possible only as a direct result of the change:
- passenger transport prices resulting from changes in the cost of fuel or other power sources;
- 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;
- exchange rates relevant for a given package travel
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- As part of the services covered by this paragraph of Terms, the User is covered by compulsory insurance against personal injury (accidents insurance) and medical expenses insurance in the case of services carried out abroad. Detailed information about this insurance can be found at the links: General Insurance Terms and Conditions and Product Card. The User shall be entitled to use additional insurance of services provided by eSky in the scope specified via Bookingn System or via the Call Center.
- 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.
- 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.
- 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).
- For the benefit of User using the www.eSky.com.my covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the Tourism Guarantee Fund and Tourism Aid Fund, in the amount specified by the applicable law.
- 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.
§ 11. ADDITIONAL SERVICES
- 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.
- 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.
- 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 service, the User is released from service fee charged by eSky as per the Table of service fees for additional services to be changed in an already purchased ticket. If according to the tariff terms and conditions the airline charges a fee for changes/returns/special services, the User shall pay the price for the service indicated by the airline.
- 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 is sent to the e-mail address provided by the User during the booking process within the time limit enabling proper use of the transport service.. Some airlines may require that the User provide additional information that has not been provided in the booking process in order to check in. The User shall provide current contact details, such as e-mail address and telephone number, to enable contact, in particular immediately before the departure. Failure to supply contact details, providing data for online check-in less than 48 hours before the planned departure, supplying out-of-date or incomplete details, failure to answer phone calls from eSky or supplying incorrect details required for check-in may make it impossible to proceed with the online check-in and the User may be required to pay a charge defined by the airline or it may be impossible for them to depart. 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.
- 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.
- 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/.
§ 12. LINKED TRAVEL ARRANGEMENTS
- The User using the www.eSky.com.my 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:
- 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
- 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.
- 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.
- 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.
- For the benefit of User using the www.eSky.com.my covered by the scope of services specified in this paragraph of Terms, an appropriate contribution will be paid to the Tourism Guarantee Fund, in the amount specified by the applicable law.
§ 13. IATA GENERAL CONDITIONS OF CARRIAGE
§ 14. REFERENCES TO AIRLINE REGULATIONS
Aer Lingus, Air Baltic, Air Europa, Air Iceland, Air Rarotonga, Air Southwest, Airasia, Atlas Blue / Royal Air Marocco, Aurigny, Bergen Air Transport, Blu Express, BlueAir Business Aviation, Blue Islands, Bulgaria Air, BRA, Condor, Corendon, DAT, easyJet, Eurowings, Excelairways, FlyBe, flythomascook.com, Germania Express, GOL, Helvetic, WOW air, Jet2, TUI fly , Jet Blue Airways, Jetstar Airways, Jetstar Asia Airways, Kulula, Luxair, Lydd Air, Air Italy, Nature Air, Nextjet, Norwegian, Pegasus Airlines, Ryanair, Smart Wings, Skytrans Airlines, Southwest, SpiceJet, Sprint Air, Spirit Airlines, Sun Country Airlines, SunExpress, ThomasCookAirlines.com, TUI Airways, Transavia, Virgin Blue - Virgin Australia, Viva Colombia, Viva Peru, Vueling, WestJet Airlines, Wizz Air, Laudamotion, Volotea, Astra Airlines, Jazeera Airways, Satena, EasyFly, Wingo, VivaAerobus, Mayair, AirPanama, JetSmart, Passaredo, LCPeru, Peruvian, Avianca, LATAM, AZUL, SkyAirlines, Amaszonas, Boliviana de Aviación, Aerolínea de Antioquia.