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§ 1. GENERAL INFORMATION
- These Terms specify the rules for using the “Booking System” for third party services offered via the www.eSky.co.ke 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.
- The Administrator of the flight Booking System 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, VAT identification number: 9481987199, REGON 670140736, share capital PLN 1 019 525.60 paid in full,, which is a Value Added Tax payer, further referred to as eSky.
- Using the Booking System and Call Center services (at telephone numbers available via the www.eSky.co.ke 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.
- The User is entitled to copy, reproduce and save the content of these Terms free of charge, without the right to its commercial distribution.
- Trade names, names, descriptions, and trademarks presented at www.eSky.co.ke 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.
- Unless otherwise stated, all copyrights on texts, images, photos, and other materials presented at www.eSky.co.ke belong to eSky. All non-eSky trademarks are used for informational purposes only and belong to their respective owners.
- Any reproduction, modification, and transmission (either done electronically or otherwise), as well as duplicating, using, and distributing materials presented at www.eSky.co.ke 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.
- Each User shall comply with these Terms the moment they undertake actions with the aim to use the Booking System.
- 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, Internet Explorer, 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.
- 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.
- 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.
- 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.
- 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.ke ("Your account").
- Registration takes place by completing the registration form available at www.eSky.co.ke (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.
- 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.
- 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.
- Your account can be removed by issuing an appropriate order available in the account settings in Your account.
- 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.
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§ 2. DEFINITIONS
- Booking System – a programme managing transaction processes available via the www.eSky.co.ke website and via the Call Center enabling the User to:
- search domestic and international flights between any two cities, price these flights and purchase air tickets,
- price and purchase travel insurance,
- search and order hotel services in any city (home and abroad), in any timeframe,
- searching for domestic and international railway connections on any defined railway route and making a valuation of these connections and purchasing a train ticket,
- 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).
- using other services offered by entities to whom eSky provides rental services for advertising space on website, specified in § 17 of the Regulations.
- 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.
- 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.
- Call Center – a unit responsible for contacts with the User or Payer as part of carrying out services provided via www.eSky.co.ke website, under conditions and in the scope specified in these Terms.
- Supplier – a provider of services offered to the User via the www.eSky.co.ke website.
- Service Provider – an entity providing services specified in these Terms to the User via eSky, the Booking System or directly, depending on the nature of services.
- Hotel services – accommodation services consisting of accommodation for purposes other than residential, which are not an inseparable element of transporting Users,
- Carrier – an entity with a valid certificate (concession, licence) authorising business activity covering air transport and services in the scope specified in these Terms.
- Air Ticket – a document issued via the Booking System or the Call Center which authorises the use of air transport service.
- 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.
- E-mail address/ e-mail – an active, correct electronic mail address of the User.
- 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.ke website.
- Low-Cost Lines – specific airlines subject to properly defined regulations pursuant to § 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.
- 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.
- Payment card – a payment instrument which enables making orders of deposit, transfer and withdrawal of cash using a specialised entity.
- Booking System – a programme managing transaction processes available via the www.eSky.co.ke website and via the Call Center enabling the User to:
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§ 3. USER’S LIABILITY FOR THE USE OF THE BOOKING SYSTEM
- The User confirms that they have full capacity to perform legal actions and enter into legally binding commitments.
- 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.
- 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.
- 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.
- 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.com.ke.
- 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.
- 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.ke and the website of the Polish Ministry of Foreign Affairs.
- 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.
- 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.
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§ 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.