TERMS AND CONDITIONS
OF PASSENGER AND LUGGAGE CARRIAGE BY SHIPS OF ŻEGLUGA OSTRÓDZKO – ELBLĄSKA Sp. z o.o. IN OSTRÓDA AND OF ONLINE TICKET PURCHASE

I. GENERAL INFORMATION
§ 1

1.The Terms and Conditions of passenger and luggage carriage by ships of Żegluga Ostródzko – Elbląska Sp. z o.o. in Ostróda, hereinafter referred to as the “Terms and Conditions”, shall apply in harbours, on the ships and lines supported by the ships of Żegluga Ostródzko – Elbląska Sp. z o.o. in Ostróda.
2. All and any legal relationships between the Carrier and the Passenger are subject to the Terms and Conditions and all other matters that are not settled herein shall be governed by the provisions of the common law.

§ 2
1. In these Terms and Conditions:
a. Carrier shall mean Żegluga Ostródzko-Elbląska Sp. z o.o. in Ostróda, District Court in Olsztyn, VIII Commercial Division of the National Court Register KRS no.: 0000375998, share capital PLN 10 343 400.00.
b. Passenger shall mean a person using the Carrier’s services under conditions specified herein.
c. Ticket Buyer shall mean natural persons, legal persons or an organisational unit without legal personality, purchasing a ticket on their own behalf and for the benefit of themselves or another person.
d. Carriage Agreement shall mean buying a ticket or personal, telephone or e-mail booking at the Customer Service Office or via the Internet Booking and Sale System upon prior acceptance of these Terms and Conditions.
e. Organised group shall mean a group of passengers of over 20 persons.
f. Internet Booking and Sale System shall mean the Internet application provided on www.zegluga.com.pl, where the Ticket Buyer books and purchases tickets for the Carrier’s ship trip.
g. Ticket return shall mean withdrawal from the Carriage Agreement.

II. TICKET BOOKING AND SALE
§ 3

GENERAL PROVISIONS

1.Booking and sale of tickets regard the lower deck on double-deck vessels. The upper deck is a view deck. Seats are not numbered.
2.The following persons are entitled to discount tickets: children aged 4 to 16, persons at the age of 60 and older as well as persons with a significant level of disability.
3. A special ticket price is available for children up to the age of 4, in accordance with the price list.
4. Owners of the Large Family Card are entitled to buy tickets with a discount, in accordance with the price list.
5. The Ticket Buyer is responsible for discount tickets.
6.It is allowed to transport animals having notified the Customer Service Office of this fact and having paid an extra charge of PLN 10, except for blind or visually impaired people who, upon presentation of relevant documents to the Carrier, can travel with a guide dog at no extra charge.
7.The Carrier decides about limits to the number of animals allowed on board.
8. A passenger travelling with an animal should comply with the Carrier’s guidelines:
a) dogs cannot be aggressive or inconvenient to other passengers;
b) dogs should be muzzled and on a leash;
c) the animal owner should have the current veterinary pet health records;
d) passengers cannot put their pet in the seat;
e) small animals such as cats should be kept in a container or basket designed for transportation of animals;
f) animal owner is responsible for any damage caused by the animal and for pet excrement.
9.It is possible to take a bicycle on board if reported to the Customer Service Office and subject to an additional fee in the amount of PLN 15. Admissible number of bicycles on one ship is 5.
10.The Passenger can transport luggage with admissible size of 80x40x40 cm, not exceeding the weight of 10 kg, without additional fees. Prams and wheelchairs can also be transported subject to the Captain’s consent.
11.The Passenger is obliged to appear 10 minutes before the scheduled beginning of the trip (at the place of the ship’s departure or at the place of the departure of the bus transporting passengers to the trip) or else the payment made for the trip will be lost.
12.The Ticket Buyer selects the number of tickets and their type and the date and route of the trip via the Internet Booking and Sale System.
13. The condition for a successful ticket purchase via the Internet Booking and Sale System is the provision of the data required by the system, payment for the ticket and acceptance of the Carrier’s Terms and Conditions. Discontinuation of transaction invalidates the commenced booking.
14. At the moment of booking, the Ticket Buyer agrees to provide to the Carrier their personal details: name and surname/full name of the institution, phone number, e-mail address, current address of residence/registered office. Providing said data is necessary to make a reservation.
15. The Carrier may refuse to provide services to a person not registered in the Internet Booking and Sale System.
16. The Carrier is the Personal Data Administrator.
17. Data entered by the Ticket Buyer in the Internet Booking and Sale System is processed by the Carrier pursuant to the Personal Data Protection Law of 10 May 2018 (consolidated text: Journal of Laws no. 2018, item 1000 of 25.05.2018).
18. By making a reservation, the Ticket Buyer agrees to have their provided personal details processed by the Carrier for administrative purposes and for the rendition by the Carrier of marketing services, i.e. promotion of the services of the company and its partners.
19. The Carrier shall process personal data necessary for conclusion, change or termination of the legal relationship with the Ticket Buyer for the period necessary to fulfill the purposes described above in section 12. After said period, the data will be used for archiving purposes and to the extent required by provisions of generally applicable law or until the permission is revoked. .
20. Any other considerations offered by the Carrier will be separate from the carriage services and the Carrier will charge separate remuneration for this according to the set prices regulated in the offer at www.zegluga.com.pl.
21. The separate considerations stipulated in point 20 above shall include, in particular, transport by coaches. The Passenger is obliged to purchase a ticket and have it on them for control purposes.
22. Making the data available is voluntary, but necessary for the purpose of proper service performance. The Ticket Buyer has the right to review their data, correct it and demand its removal.

§ 4
SALE OF TICKETS FOR INDIVIDUAL CUSTOMERS

1. The sale of tickets for individual customers is handled via the Internet Booking and Sale System and via the Carrier’s Customer Service Office in person, by email or phone.
2. Individual clients are required to pay for the tickets before the cruise.
3. Individual customers purchasing tickets via the Internet Booking and Sale System make payments for the purchased ticket by electronic transfer exclusively by means of the PayU platform. The order payment time limit is 2 hours from booking. In case of failure to pay for the booking in due time limit, the order is cancelled.
4. When booking is performed in the Internet Booking and Sale System, the Ticket Buyer receives a return message containing the PRO booking no. awarded by the system and sent to the e-mail address specified in the booking form.
5. When paying the trip fee, the Ticket Buyer confirms conclusion of the Carriage Agreement.
6. When the payment is credited, the ticket that is ready to be printed and a receipt or invoice are sent to the e-mail address of the Ticket Buyer specified in the booking form.
7. The printed ticket is a document confirming conclusion of the carriage service agreement and authorising the passenger for the trip.
8. Individual customers purchasing tickets in Customer Service Offices make payments for the purchased tickets with cash or a payment card.
9. Individual customers making a reservation by email or phone, after the reservation is accepted and confirmed, receive a PRO document with transaction details, that is the amount due, form and date of payment, to the indicated email address. After the payment is made, a ticket ready to print and a receipt or invoice is sent to the customer.

§ 5
SALE OF TICKETS FOR ORGANISED GROUPS (over 20 persons)

1.Organised Groups make reservations via the Internet Booking and Sale System, via e-mail at rezerwacje@zegluga.com.pl, via phone or in person in Customer Service Offices of the Carrier.
2.The organised groups are obliged to pay the fee for the tickets prior to the trip.
3.Organised groups purchasing tickets via the Internet Booking and Sale System, pay the fee by online transfer using the PayU platform only. The order payment time limit is 2 hours from booking. In the case of failure to pay for the booking in due time limit, the order is cancelled.
4.When booking is performed in the Internet Booking and Sale System, the Ticket Buyer receives a return message containing the PRO booking no. awarded by the system, sent to the e-mail address specified in the booking form.
5.When paying the trip fee, the Ticket Buyer confirms conclusion of the Carriage Agreement.
6.When the payment is credited, a ticket that is ready to be printed and a receipt or an invoice are sent to the e-mail address of the Ticket Buyer specified in the booking form.
7.The ticket is a document confirming conclusion of the carriage service agreement and authorising the passenger for the trip.
8.In the case of a booking made at the Customer Service Office, the Ticket Buyer is obliged to pay the fee in cash or by card based on the receipt or invoice.
9.Organised Groups making a reservation by email or phone, after the reservation is accepted and confirmed, receive a PRO document with transaction details, i.e. the fee amount, payment form and term, upon booking acceptance and confirmation. The Ticket Buyer receives an invoice or receipt enclosed to the ticket upon payment of the fee.
10.In the case of failure to pay the fee within the specified time limit, the booking is cancelled.
11.In justified cases, the Carrier, upon request of the Ticket Buyer, can grant consent for an extended booking fee payment time limit.

III. RETURNS

1.The use of carriage must take place on the originally declared trip date. The Ticket Buyer can change the carriage date provided that the Carrier can provide seats and registers the change, however not later than 30 days prior to the booked trip date.
2.The Ticket Buyer is entitled to return the ticket (for reasons attributable to the Ticket Buyer) as follows:
a. in the case of return within 7 days or less prior to the trip date specified on the ticket, the Carrier deducts a processing fee in the amount of 100% of the ticket value for its return.
b. in the case of return beyond 7 days prior to the trip date specified on the ticket, the Carrier deducts a processing fee in the amount of 50% of the ticket value for its return.
3. In such fortuitous events as:
a. unfavourable atmospheric conditions precluding ship’s departure from the port;
b. low water level;
c. failure of a ship or hydraulic and technical devices;
d. insufficient number of passengers pursuant to § 6 point 4;
e. cancellation of trips due to a closure of sailing routes;
f. other fortuitous events precluding ship’s departure from the port;

the Carrier is obliged to refund the fee for the unperformed part of the trip unless the Ticket Buyer makes use of the alternative cruise proposed by the Carrier within the same ticket price.
4. The basis for the refund is correct and legible completion of the form available in the Customer Service Offices and on the Carrier’s website. The value of the refund depends on the cause of the refund and the date of filing the form.

TICKET RETURN FORM

IV. COMPLAINTS

1. The Passenger is entitled to lodge a complaint regarding failure to perform or to improper performance of the service.
2. The complaints must be filed within 7 days from service performance.
3. The complaints must be filed in writing and sent by registered mail to the address of the Carrier:
Żegluga Ostródzko – Elbląska Sp. Z o.o. in Ostróda, ul Grunwaldzka 49, 14-100 Ostróda or by e-mail to: reklamacje@zegluga.com.pl.
4. The complaints are reviewed within 14 business days from their delivery to the Carrier.
5. A properly filed complaint must contain: Ticket Buyer’s details, i.e. name and surname/institution name, address, contact telephone, booking number, trip route and time as well as complaint description.

V. LIABILITY
§ 6

1. The Carrier’s liability is limited solely to the Passenger carriage time on-board the ship operated by the Carrier.
2. The Carrier bears no liability for any events taking place on land, prior to boarding or upon disembarking the ship.
3. The Carrier bears no liability for any damage arising from delayed arrival/departure of the ships to/from the port, cancelled trips or calling at ports other than planned in case of technical problems or force majeure understood as a fortuitous event the Carrier has no control over and which could not have been foreseen at the time of trip authorized n, and which could not have been prevented despite The Carrier’s due diligence.
4. The Carrier reserves the right to cancel or hold up the trip due to insufficient number of passengers:
a. fewer than 10 persons excluding children under 4 for trips exceeding 1 hour
b. fewer than 5 persons excluding children under 4 for 1 hour long and shorter trips

§ 7

1.The control of documents, including tickets for passenger ship carriage, is conducted by the ship crew and authorized controllers.
2.The control is conducted during boarding or during the trip. The Passenger is obliged to have a valid ticket during the trip and – if using a discount or fee exemption – a valid document confirming their entitlement.
3. The Carrier is entitled to charge the Passenger with a fee amounting to 10 times the normal ticket value on the trip route used by the Passenger if:
a. they fail to present a valid ticket or invoice,
b. they fail to present a document entitling them to discount prices.

§ 8

1. The Passenger is obliged to keep the ticket after its purchase for the purpose of control. A ticket that is damaged or destroyed to an extent precluding its control during boarding is invalid.
2. The passenger can board the ship based on the presented ticket.
3.The ship captain can deny boarding to passengers after the departure time specified in the schedule as well as due to the reasons referred to in section 8.
4. The passengers are obliged to follow the instructions of the ship crew connected with safety and order during the trip, from boarding to disembarking at the destination stop.
5. The following is prohibited during the ship trip:
a. soiling and littering the ship, damaging on-board devices,
b. throwing litter over board,
c. smoking in closed rooms and outside of the designated spot on the open deck,
d. taking psychoactive agents and psychotropic substances,
e. disturbing the peace,
f. leaving the areas designated for passengers on board the ship
g. leaning over the ship’s sides and barriers,
h. behaving in conflict with principles of community life.
6. The Passengers are obliged to disembark the ship after arrival at the final trip route stop.
7. The Passenger bears liability towards the Carrier for all and any damage to the ship and harbour due to their own fault, including damage related to luggage transport.
8. Persons posing a threat to safety and order in transport or persons causing nuisance to other travellers can be denied carriage or removed from the ship at the nearest stop despite having paid the carriage fee.
9. It is prohibited to transport by ship:
a. flammable, explosive, caustic and foul materials,
b. objects posing a threat to the safety of traffic and which can damage the ship,
c. luggage other than specified in § 3 section 10,
d. weapons, except for persons who are obliged to carry a properly secured weapon when on public duty.
10. The Passenger bears full liability for all and any failures to observe the prohibition referred to in the previous section.
11. The Passenger is obliged to adhere to the ship regulations as well as follow all and any, fixed and ad hoc, instructions regarding order and safety provided by the captain or authorised crew members. The Passenger can be detained in a separate room if they violate the regulations or pose a threat to the ship’s safety.
12. The Passenger is obliged to cover the costs of damage caused by them during the ship trip.
13. The Carrier can refuse carriage to a person:
a. who does not have a valid ticket, is not entered in the booking system as a passenger,
b. who has not attained 13 years of age, if no caretaker is with them,
c. if their health condition, mental or physical condition raise concerns regarding possibility of safe carriage,
d. in relation to whom it is suspected that they are under influence of alcohol or drugs.

VI. PRICE LIST

Current price list is available on the Carrier’s website: www.zegluga.com.pl

VII. OTHER
§ 9

1. Unidentifiable belongings of the Passenger left by them on-board shall be stored by the Carrier for a period of 6 months, except for perishable goods. The Carrier reserves that in the case of failure to collect the found belongings within 6 months, they shall be provided to a charity organisation selected by the Carrier or disposed of. Perishable goods shall be disposed of immediately.

§ 10

1. In the event the Passenger refuses to pay the fee and their identity cannot be established, the controller is entitled to request the Police or other competent law enforcement bodies to take actions aimed at establishment of the Passenger’s identity.

§ 11

1. The Terms and Conditions of Carriage are available at the Customer Service Offices, on ships as well as Carrier’s website.
2. The Carrier reserves the right to change the trip schedule, details included in the offer and pricelist.
3. The prices of services provided by the Carrier are VAT inclusive.
4. In all maters not governed by the Terms and Conditions, the provisions of the Transport Law of 15 November 1984 (Journal of Laws of 2000 No. 50, item 601, as amended), Consumer Rights Law of 30 May 2014 (Journal of Laws of 2014, item 827, as amended), Inland Sailing Law of 21 December 2000 (Journal of Laws of 2006 No. 123, item 857, as amended) as well as secondary legislature thereto shall apply.

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