Conditions of granting services in electronic form on the website combiway.com
The limited liability company COMBIWAY POLAND.


Document valid from 28 Oct 2016.

§1 General Provisions

1. Pursuant to article 8(1)(1) of the Electronic Services Act of 18 July 2002 (Journal of Laws no. 144, item 1204, as amended), the Service Provider establishes these Terms & Conditions for providing services electronically, hereinafter the “Terms & Conditions”.
2. These Terms & Conditions set out the type and scope of Services provided electronically by the Service Provider on combiway.com.
 

§2 Definitions in the Terms & Conditions

The following capitalised terms used in these Terms & Conditions mean:
1. Ticket – an electronic ticket authorising the holder to travel by coach provided by the Carrier on the route indicated, on a specified date and for a specified fare. A Ticket is deemed an invoice pursuant to Art. 2(31) and (32) of the VAT Act of 11 March 2004 (uniform text, Journal of Laws of 2011 no. 177, item 1054 as amended) in conjunction with § 3 of the Minister of Finance regulation on issuing invoices of 3 December 2013 (Journal of Laws of 2013, item 1485) and sent in accordance with the rules on sending invoices in electronic form;
2. Concessionary Ticket – Ticket entitling the holder to concessionary travel in accordance with the Act on Concessionary Travel on Public Transport of 20 June 1992 (uniform text Journal of Laws of 2013, item 1138 as amended) or other applicable regulations;
3. Data – the personal data of the Customer: first name, last name, telephone number, post code of the place of residence and email address;
4. Form – form available on the Website used to purchase a Ticket;
5. Website – a system of websites/pages created by the Service Provider constituting an information platform for the Service Provider and other Carriers to which the Service Provider provides Ticket agency services and the Services rendered by the Service Provider that are available at the following URL www.polskibus.com or at any address that is a supplement or continuation of this URL;
6. Carrier – the Service Provider or other coach carrier to which the Service Provider provides Ticket sales;
7. Services – the on-line services referred to in § 3 of these Terms & Conditions provided by the Service Provider electronically on the Website;
8. Customer – a person that uses the Services referred to in § 3 of the Terms & Conditions;
9. Service provider –  the limited liability company COMBIWAY POLAND, 31-036, Krakow, Halicka St., N. 9, 0000644497 KRS number, NIP: 6762515823;
 
The law on personal data protection Act of 29 August 1997 on personal data protection.
10. Personal Data Protection Act – Personal Data Protection Act of 29 August 1997 (uniform text Journal of Laws 2014, no. 1182).
 

§3 Types and Scope of Services Provided

1. Pursuant to these Terms & Conditions, the Service Provider provides the Customer on the Website with services of on-line Ticket sales and on-line sending Tickets and dealing with complaints related to Ticket sales.
2. The online purchase by the Customer consists of the following stages:
a) selection of departure and arrival locations, travel date and time; if a Concessionary Ticket is purchased, selection of the applicable statutory concession; if a ticket is available for a trip with an assigned seat number, selection of the seat number,
b) acceptance of the Service Provider's Ticket purchase conditions – ordering a Ticket,
c) selection of the form of payment for the Ticket,
d) order confirmation by the Service Provider on the Website,
e) delivery of order confirmation and the Ticket to the Customer by email.
Payment can be made by credit card, online transfer, cash or credit card in all supermarkets "Carrefour" and "Freshmarket" in any branch of a bank and post office, through the application mPay and SkyCash, payment by cash or card through MojeRachunki and Kantor Polski, as well as in the offices of the Supplier.
3. Payment for the Ticket may be made by payment card or electronic bank transfer (e-Transfer).
4. The transport agreement between the Customer and the Carrier is concluded when the order is confirmed by the Service Provider (as referred to in §3 point 2d). Order confirmation and the Ticket are delivered by the Service Provider by email.
5. The Customer may obtain information and ask questions with regard to delivery of the Ticket the next way:
The user can obtain information and ask questions related to the ticket in electronic form via: e-mail sent to the address in@combiway.com and dedicated phone line: +48123337860 in Poland (the call is charged according to the tariffs of local operators) and + 380503637860 on the territory of Ukraine (the call is charged according to the tariffs of local operators).
6. The Service Provider reserves the right to temporarily cease providing the Services due to maintenance work on the Service Provider's computer system and when updating data on the Website.
 

§4 Complaint Procedures

1. The Customer may file a complaint when Services are provided by the Service Provider contrary to these Terms & Conditions.
a) in writing, or
b) by email to the Service Provider's email address: in@combiway.com.
2. The complaint should contain a description of the problem, which is the reason of the complaint, and the Customer's Data.
3. The Service Provider will inform the Customer of the outcome of the complaint by registered letter or email to the address given by the Customer within 7 business days of the date of receipt.
 

§5 Personal Data Protection and Privacy Policy

1. The service provider is the administrator of personal data in accordance with the Law on personal data protection. The administrator of Your personal data is the company COMBIWAY POLAND, 31- 036, Krakow, Halicka St., n.9. Your personal data are collected for the preparation and implementation of ticket sales, they can also be used by the administrator for marketing purposes if you give consent. The collected data can be available only to individuals specified in the law. You have the right to access and correct the conditions laid down in the Law on protection of personal data. Ensuring Your personal data is voluntary and you must sign a contract.2. The Service Provider processes the Data provided to it on the Form in accordance with the Personal Data Protection Act and other applicable legal provisions. The Service Provider may process Data without the Customer's consent in order to perform the Services properly, indicating that the Data are needed for the provision of the Services. The Service Provider agrees to keep the Data confidential and not to disclose them to any other entities unless the Customer clearly authorises the Service Provider to do so, or such authorisation results from legal regulations. This obligation will continue to apply after the legal relationship between the Customer and the Service Provider ends.
3. As regards Data processed to perform the Services properly and to the extent required to do so, the Customer has the right to review the Data which he/she gave on the Form and may update and change them.
4. The Service Provider may use the Customer's Data for marketing purposes, particularly to send the Customer commercial information originating from the Service Provider or third parties by email only when the Customer has given his/her consent by marking the appropriate box on the Form.
5. To adapt the content and the Services to the individual needs and interests of the Customer, the Service Provider uses cookies, i.e. information saved by the Website server on the user's computer which the server can read each time it connects with that computer. Cookies provide statistical data on the movements of users and their use of particular website pages and enable the Services to be provided efficiently. The Customer may at any time turn off the cookie option in its internet browser, though turning off the cookies may lead to difficulties in using the Services or may even make use of them impossible.
 
 

§6 Website terms of use

All rights to the content of the Website, including the rights to texts, graphics,layout,databases and other elements, are reserved unless expressly stated otherwise. Using the Website content does not mean that Customers or other Website users acquire any intangible property rights to works or databases contained on its pages. The Customer and other Website users may use these works or databases only to the extent permitted by the Law on Copyright and Related Rights of 4 February 1994 and the Database Protection Act of 27 July 2001. It is particularly prohibited, for commercial purposes, without the prior written consent of the Service Provider: to copy, modify or transmit electronically or otherwise any part of the Website in its entirety or any part thereof, or to download or re-use substantial (in quality or quantity) parts of the databases on the Website, including use of any automatic systems or software for downloading data from the Website (screen scraping, web scraping or web indexing). The Service Provider reserves the right to block access to the Website to individuals or entities who infringe the Website terms of use.

 


APPROVED

By Order of General Director
«“COMBIWAY UKRAINE”
LLC dated 12.03.2016 No. 03-12/15
Vakhovskyi О.А.

PUBLIC OFFER AGREEMENT

about rendering services on booking, getting advance payment for transportation services and forming travel documents, exchange forms, tickets and other services with the help of combiway.com website

1. SUBJECT OF AGREEMENT

1.1. This Public Offer Agreement about rendering services on booking, getting advance payment for transportation services and forming travel documents, exchange forms, tickets and other services (further – Services) with the help of combiway.com Website (further – Agreement), is entered between “COMBIWAY UKRAINE” LLC from one part and the Customer, from the other part, together referred to as the Parties.

1.2. Ordering services on the website, the Customer agrees with the conditions of this Agreement.

1.3. “COMBIWAY UKRAINE” LLC undertakes to provide the Customer with services on booking seats, forming, sales of travel documents, exchange forms and other services, according to the conditions of the Agreement, and the Customer undertakes to accept services and pay for them at a fixed price.

1.4. This Agreement, as well as information on services, which is placed on the Website, is a public offer according to art. 633 of the Civil Code of Ukraine.

2. AGREED TERMS

2.1. Terms, applied in this Agreement have the following meaning:

2.1.1. Website – combiway.com website, which was designed with the purpose of rendering services on booking seats, forming and sales of travel documents, exchange forms as well as other services rendering.

2.1.2. Administration\Website Owner – “COMBIWAY UKRAINE” limited liability company, registered and acting according to the current legislation of Ukraine.

2.1.3. Customer – a full-aged, capable person using a Website.

2.1.4. Personal data – data or block of data about the Customer, who is identified or can be identified.
2.1.5. Personal data Owner – Website Administration.

2.1.6. Processing of personal data – any action or set of actions such as collecting, registration, accumulation, storage, adapting, change, update, application, deletion of personal data, including those made with the help of information (automated) systems.

2.1.7. Booking a seat (several seats) – ordering a seat (several seats) in a bus in advance with payment delay for determined period.

2.1.8. Passenger – a person, provided with services on carriage by a vehicle and who is not involved in driving it.

2.1.9. Carrier – a company, providing passenger with carriage services.
 
2.1.10. Bus station – a construction at the road to serve citizens, passengers and carriers.

2.1.11. Payer – a person, who pays for services under the Agreement.

2.1.12. Ticket – a document of the established form, which confirms the fact of entering into Agreement.

2.1.13. Travel document – a document of the established sample, which gives right to travel and is a carriage agreement, is made on a corresponding form, can also be made in electronic form.

2.1.14. Exchange blank – a document, which gives right to get a travel ticket at the ticket office of a bus station or railway station.

3. RULES OF USING THE WEBSITE

3.1. The Customer must read this Agreement and give his/her consent to its conditions while ordering Services on the Website. The Customer gives his/her consent to Agreement conditions by means of marking certain fields of the Website pages. As soon as such consent is given, the Agreement is regarded to be concluded and is a basic one in the relations between “COMBIWAY UKRAINE” LLC and the Customer/Payer.

3.2. Using the Website by the Customer means that the Customer completely agrees with:

3.2.1. Conditions of this Agreement;

3.2.2. Conditions of sales, usage and return of Services, specified on the website and which comply with the current legislation of Ukraine and conditions of Carriers.

3.2.3. Confidentiality conditions

3.2.4. Conditions regarding the suppression of unlawful acts.

3.2.5. Carriage rules.

3.3. In case the Customer does not agree with the conditions of this Agreement, he/she must leave the Website at once.
3.4. The Customer\Payer can book seats, buy a travel document, exchange form or order other services upon signing up at the website or without doing so.

3.5. Signing up at the Website can be completed through filling in a corresponding form.

4. CONDITIONS OF TICKETS BOOKING, SALES AND OTHER SERVICES OF THE WEBSITE

4.1. In the moment of booking seats, purchase of travel documents or other services on the Website, the Customer/Payer gives his/her consent to the conditions of this Agreement and other conditions specified on the website.

4.2. In the moment of booking seats, purchase of travel documents or other services on the Website, a Customer/Payer gives his/her consent to collect and process his personal data by the Website Administration.

4.3. In the moment of booking seats, purchase of travel documents or other services on the Website, the Customer/Payer undertakes to specify his/her true personal data or data of the Passenger through filling in a corresponding form. In case the Customer/Payer/Passenger gives false data to “COMBIWAY UKRAINE” LLC, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

4.4. In case of change of personal data specified in cl. 4.3 the Customer/Payer/Passenger undertakes to inform “COMBIWAY UKRAINE” LLC about such changes immediately. In case the  Customer/Payer/Passenger failed to inform “COMBIWAY UKRAINE” LLC about such changes,  the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

4.5. As soon as a ticket booking is made on the Website, the Customer/Payer will receive a confirmation of such booking to his/her e-mail. The above mentioned confirmation contains the following information: booking number, date, time and place of departure, route, period, during which the Customer/Payer has right to buy a travel document for the booked seat and way of payment, there also can be other information specified.

4.6. In case the Customer/Payer booked a seat but failed to pay the cost of the travel document during the specified period, such booking will be cancelled automatically. There are no penalties for cancelled unpaid booking.

4.7. As soon as the Customer/Payer buys a ticket, he/she will get a travel document to e-mail in electronic form.

4.8. Travel document confirms the fact of rendering services by “COMBIWAY UKRAINE” LLC to the Customer.

4.9. The Payer makes payment of ticket cost according to tariffs and in a way specified on the Website.

4.10. The Payer gives his/her consent for processing of his personal payment data.

4.11. Website Administration has right to refuse to render services to the Payer or ask for the identity certificate copy and identification code (for residents) of a bank card owner, in case there are enough reasons to consider a transaction on the bank card, with the help of which services were paid for, an unlawful one.

4.12. The Customer can buy an exchange form from “COMBIWAY UKRAINE” LLC. To exchange a form for a ticket, the Customer/Passenger must visit Bus station/Railway station ticket office. Form exchange is free of charge.

4.13. The Customer agrees that upon signing up at the Website, Administration will send to the Customer’s e-mail letters and notifications, including the ones that have information of advertisement kind. The Customer has right to refuse from such e-mail marketing.

4.14. The Customer automatically agrees to receive text messages that have information of advertisement kind from “COMBIWAY UKRAINE” LLC to the phone number specified on the website. The Customer can refuse from such messages by means of sending a specified text message.

5. TICKET REFUND CONDITIONS

5.1. The Payer has right to return money for unused travel document.

5.2. A corresponding application, the form for which can be found on the website and sent to “COMBIWAY UKRAINE” LLC is a reason to return money.

5.3. The application on money return for unused travel document must contain personal data of the person who made payment of travel document cost.

5.4. In order to avoid possible unlawful actions while forming an application, the Payer must present a copy of his passport and identification code, in case a person has no identification code due to his/her religious convictions, such person must present a copy of passport page with such mark.

5.5. Fixing, taking and processing of the application is performed by the Website Administration from 9:30 a.m. till 7 p.m. on working days, and from 10 a.m. till 5 p.m. on days off.

5.6. Amount to be returned is established in each case individually by a Carrier, according to the conditions of roviding services by a Carrier.

5.7. Money for unused travel document will be returned in the same way and according to the same payment details with which the ticket payment was made.

5.8. According to the current legislation of Ukraine, applications can be considered within a month period.

5.9. In order to return an exchange form or a travel document received according to such form by the Customer/Payer/Passenger, the latter must visit the ticket box of a Bus station/Railway station.

6. CONDITIONS OF CONFIDENTIALITY

6.1. Any information provided by the Customer/Payer/Passenger under this Agreement during booking seats, purchase, return of travel documents or ordering other services on the website, including but not limited to surname, name, patronymic, identification code, phone number, e-mail address, bank details, etc. is regarded to be confidential.

6.2. The Customer/Payer/Passenger gives his/her consent to collect and process personal information by the Website Administration and by the partners of “COMBIWAY UKRAINE” LLC in order to render high quality services under this Agreement.

6.3. The Website Administration guarantees that personal data of the Customer/Payer/Passenger will be used only with the purpose of rendering services under this Agreement.

7. COPYRIGHT

7.1. All materials placed on the Website belong to “COMBIWAY UKRAINE” LLC or its partners. All materials are copyrighted and protected by intellectual property rights, including but not limited to Website design, names, trademarks, logos, texts, rights for databases and other elements of the Website.

7.2. The Customer does not have right to copy (completely or partially), spread or use in any other way Website content or the main program code without preliminary agreement with “COMBIWAY UKRAINE” LLC.

8. RESPONSIBILITY OF THE PARTIES AND DISPUTE SETTLEMENT ORDER

8.1. The Parties carry responsibilities under this Agreement according to the current legislation of Ukraine.

8.2. The Parties agreed that all disputes occurring under this Agreement shall be solved in an amicable way.

8.3. In case it is not possible to solve a dispute in an amicable way, the Parties shall go to court according to the current legislation of Ukraine.

8.4. In case the Customer/Payer/Passenger gives false information to “COMBIWAY UKRAINE” LLC, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

8.5. In case the Customer/Payer/Passenger failed to inform “COMBIWAY UKRAINE” LLC about change of personal data, the Customer/Payer/Passenger carries responsibility for all commercial risks, which can occur (ticket return, payment of cost for making changes, placing a new order, change of a tariff, money return and so on).

8.6. “COMBIWAY UKRAINE” LLC does not carry responsibility for violation of the Passenger’s right by a Carrier. In case of such violation, the Passenger must solve such issues directly with a Carrier.

8.7. In case the Passenger violates rules of carriage, rules of crossing the state border, norms of the current legislation of Ukraine or international legal acts, a Carrier has right to refuse providing carriage service to a Passenger without any compensation of funds to the Passenger/Payer/Customer.

9. OTHER PROVISIONS

9.1. This Agreement comes into effect from the moment the Customer gave his/her consent to the Agreement and is valid till the moment of complete fulfilment of obligations under the Agreement by the Parties.

9.2. In cases not foreseen by this Agreement, the Parties must act according to current legislation of Ukraine.