RULES OF THE “LOT Pontgyűjtő” PROGRAMME
I. General provisions
1.1. The organiser of “LOT Pontgyűjtő” loyalty programme, hereinafter referred to as the “Programme”, is Polskie Linie Lotnicze “LOT” S.A., with its registered office in Warsaw, at ul. Komitetu Obrony Robotników 43, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000056844, NIP (Tax Identification Number): 5220002334, hereinafter referred to as the “Organiser” or “PLL LOT”.
1.2. All entities authorised to participate in the Programme shall be hereinafter referred to as the “Participants”. Terms and conditions of joining the Programme are specified in section II hereof – “Joining the Programme”.
1.3. The aim of the Programme is to award Participants by way of crediting points to their accounts for tickets for PLL LOT connections sold by them on behalf and for PLL LOT and used by passengers, which points can later be exchanged for Awards offered under the Programme.
1.4. The Organiser is an entity promising a reward within the meaning of Article 919 of the Polish Civil Code.
1.5. The Programme is available in the territory of Hungary.
2.1. The Collector Programme (Hungarian: Pontgyűjtő) is aimed at cashiers working for IATA travel agencies in Hungary.
2.2. In order to participate in the Programme, it is necessary to register at the Programme’s website (lotkolekcjoner.pl/hu).
2.3. As a result of registration for the programme, Participants shall receive an ACCOUNT number which renders it possible to regularly check their point balance and other information provided in individual accounts of the Participants. The password, login and PIN are created by each Participant. The PIN is used for contacting the Programme Service Centre.
2.4. After registration, each Participant shall receive a confirmation email with an account activation link.
2.5. Newly registered users who have joined the Programme for the first time shall receive 300.000 welcome points. The 300.000 points shall be added to the general (award) pool.
2.6. Participation in the Programme and provision of data connected with participation is completely voluntary.
2.7. Registration of participation in the Programme pursuant to point 2.2 shall mean acceptance of the Programme’s rules specified herein.
2.8. The Organiser of the Programme reserves the right to verify at any given time the data submitted by Participants during the registration in order to verify their completeness and authenticity, as well as the right to reject a Participant’s application for the Programme (rejection of participation) or to block a Participant’s account in the event that the information provided in the form should prove false.
2.9. The Organiser of the Programme reserves the right to verify at any given time whether Participants comply with the terms and conditions hereof.
2.10. The Organiser shall not be obliged to notify entities whose applications for the Programme were questioned of their applications being rejected.
2.11. In order to avoid the risk of the ACCOUNT number being used by an unauthorised person, Participants are obliged to ensure that the number is not disclosed to any third party. In the event of any suspicion that the ACCOUNT number might have been used by an unauthorised person, Participants should immediately notify the Programme Service Centre on the phone number provided in the information materials connected with the Programme.
2.12. The data collected in the Individual Accounts of Programme Participants, including in particular information on the number of collected points, types of point transactions and selected awards, shall be confidential. In connection with the above, the Organiser of the Programme shall not be authorised to disclose the indicated information to third parties and entities not being Programme Participants. Entities not being Programme Participants shall also include Employers who employ Participants of the LOT Collector Programme on the basis of any form of employment.
2.13. Loss, theft or disclosure to third parties of a Participant’s ACCOUNT number in the Programme and of the password should be immediately reported to the Programme Service Centre.
III. Collecting points
3.1. The Collector Programme consists in collecting points for sold and used tickets for scheduled PLL LOT flights only.
3.2. Points can be collected from the moment of the Participant’s registration in the Programme.
3.3. Principles of awarding points for particular travel segments can be found on the COLLECT POINTS tab.
3.4. Flights performed under LO codes (code-share flights) but operated by aircraft belonging to another carrier shall not be eligible for the Programme.
3.5. No points shall be awarded for charter flights.
3.6. PLL LOT reserves the right to exclude some destinations from the Collector Programme as well as to launch special point offers for selected routes without the need to give any prior notice to Programme Participants.
3.7. PLL LOT reserves the right to organise special point offers which Participants may sign up for within a specific time frame. In the event that this requirement should not be fulfilled, points under the special offer shall not be awarded to the Participant’s account.
3.8. Points for cashiers of IATA agencies shall be credited provided that the correct individual ACCOUNT number was entered in the OSI field at the moment of issuing a ticket and that the passenger travelled on the flight.
3.9. Points shall not be awarded to persons who issued a ticket, but failed to provide the ACCOUNT number. Failure to provide the correct ACCOUNT number results in no points being awarded.
3.10. Only one ACCOUNT number can be provided in the OSI field.
3.11. Furthermore, in order for points to be credited, each individual ACCOUNT number must be used exclusively by the Cashier to whom the ACCOUNT number has been assigned.
3.12. No points shall be awarded for flights for which tickets were sold in a special discount fares or were given as awards, as well as for flights which are taken free of charge.
3.13 The number of awarded Points shall be proportionate to the price of the ticket after excluding airport charges and additional fees. If the flight consists of two or more travel segments, the number of Points shall be awarded proportionately to the prices of individual segments. The price of a segment shall be calculated on the basis of distance.
3.13. The Organiser reserves the right to change terms and conditions of awarding Points at any time in the course of the Programme.
3.14. Points are added to the Participant’s account after a booked ticket sold by the Participant has been used.
3.15. Points for a used ticket (travel) shall be credited to the Participant’s account within 7 days of the flight.
3.16. No points shall be accrued for unused, returned or illegally acquired tickets or ticket sections.
3.17. Participants of the Programme can check their current point balance for their accounts in the Programme at lotkolekcjoner.pl/hu in their profiles.
3.18. Complaints with regard to possible inconsistencies in the account balance should be lodged within 4 (four) weeks of their appearance in the Participant’s profile at lotkolekcjoner.pl/hu. After this period, complaints regarding the balance shall not be considered.
3.19. The so-called Award Points or “miles” earned by Participants in other programmes cannot be exchanged for Points in the Programme unless a proper agreement is concluded between the Organiser of the Programme and the entity participating in another programme. Moreover, Participants cannot transfer points or their accounts in the Programme to other Programme Participants or persons not being Programme Participants. It shall not be possible to withdraw a sum of money being equivalent to the Points accumulated in an account.
3.20. Crediting sales of tickets via websites of travel agencies (online sales) to individual accounts of Participants/Cashiers shall not be allowed under the Collector Programme. In the event that the above breach hereof should be detected, PLL LOT reserves the right to immediately cancel the points credited for online sales of tickets and immediately block such Participant’s account.
3.21. PLL LOT reserves the right to exclude Programme Participants who fail to comply with the Rules.
3.22. All news and information on special offers shall be available after and/or before logging in on the website of the Programme.
IV. Spending points
4.1. Participants may exchange the points collected in the Programme for Awards provided that the balance in their accounts indicates the value necessary to obtain the selected Award.
4.1.1. Points not used for Awards shall be cancelled after 24 months from the flight. The Organiser reserves the right to change the period of validity of points after notifying the Participants thereof in advance by sending the relevant information by email to the address of a given Participant provided during registration or by providing the relevant information on the website lotkolekcjoner.pl/hu. Programme Participants can always check the date of expiry of their Points in their individual accounts at lotkolekcjoner.pl/hu.
4.1.2. Awards offered by the Organiser in the Programme, together with the number of points necessary to obtain individual Awards, are announced at lotkolekcjoner.pl/hu in the SPEND POINTS section.
4.1.3. The Organiser reserves the right to change the terms and conditions of using Awards at any given time during the course of the Programme.
4.1.4. Awards can be booked in the Programme at lotkolekcjoner.pl/hu via filling in the award form.
4.1.5. Upon placing an order for the Award, the number of Points corresponding to the ordered Award shall be blocked in the Participant’s account. Points shall be subtracted from the Participant’s account once an employee of the Programme Service Centre has approved the ordered Award. If the Award cannot be approved, the Points shall be returned to the Participant’s account, and the Participant shall be notified of the situation and the causes thereof.
4.1.6. Awards offered in the Programme can be returned in accordance with the terms and conditions applicable to a given Award.
4.1.7. Certain Awards may be unavailable in some periods. Availability of Flight Awards depends on the date, season and route.
4.1.8. Participants cannot exchange Awards offered in the Programme for other Awards or cash.
4.2. Awards offered in the Programme shall be ordered and used in accordance with the terms and conditions applicable to a given Award, specified in the Rules of the Flight Award and Rules of the Hotel Award attached as Appendices hereto.
4.3. PLL LOT reserves the right to limit the use of individual Awards offered under the Collector Programme.
4.4. All Awards shall be taxed in line with general principles.
4.5. No money payments can be made to substitute for missing points.
4.6. Programme Participants working at travel agencies which have lost the IATA licence shall have 3 months following the date of closure of the agency to use their awards. After this period, the points collected in their accounts shall be expire. Once the points have expired, it shall be impossible to use them.
V. Issuing Awards
5.1. In the event that the Award ordered by a Participant is available, relevant documents shall then be prepared.
5.2. Programme Participants shall be obliged to immediately verify whether they have been provided the correct documents and whether the data contained therein are accurate.
5.3. Documents connected with Flight Awards shall be valid for 12 months following the date of issuance.
5.4. The validity of Global Hotel Awards are specified in the Rules of the Global Hotel Award attached as Appendix 2 hereto.
5.5. In the event of theft, damage or loss of the documents connected with Awards in the Programme, Participants shall be obliged to immediately report this fact to the Organiser.
5.6. The detailed information on handling charges can be obtained from the Programme Service Centre.
5.7. Awards in the Programme shall be given out in accordance with the applicable provisions of the tax law.
VI. Abuse and prohibited activities
6.1. Persons not authorised to participate in the Programme pursuant to section II hereof shall be prohibited from registering in the Programme as well as earning and using points in the Programme. Furthermore, using points registered in a Participant’s account which have been earned in a manner inconsistent with the provisions hereof shall be prohibited under the Programme.
6.2. Selling, exchanging, auctioning or concluding any other commercial transaction in connection with the documents constituting awards with third parties shall be prohibited. No arrangements can be made in relation to the method of purchase or sale of Points or awards, transfer of Points or unauthorised purchase of Points. Moreover, awards and the documents connected therewith cannot be used illegally.
6.3. In the event that abuse connected with obtaining Awards should be identified, the Organiser reserves the right to perform a retrospective calculation of the actual price of the Awards and charge these costs to the Participant who breached the provisions of section 6.1 hereof, irrespective of the Points used.
6.4. In the event that an award should be ordered on the basis of illegally earned Points and the account balance after deducting the illegally earned points should be insufficient for payment for the ordered award, the Organiser reserves the right to request compensation for the missing Points.
6.5. In the event that a Programme Participant should engage in abuse or prohibited actions referred to in sections 6.1 and 6.2 hereof, the Organiser reserves the right to block or confiscate the documents connected with awards and to refuse to issue the awards or to accept the Points collected by the Participant. Furthermore, the provision above shall not violate the right to pursue further claims from the Programme Participant, including compensation claims.
6.6. Crediting sales of tickets via websites of travel agencies (online sales) to individual accounts of Participants/Cashiers shall not be allowed under the Collector Programme. PLL LOT reserves the right to immediately cancel the points credited for online sales of tickets and immediately block such Participant’s account.
VII. Liability of the Organiser
7.1. The Organiser shall not be liable for services provided by Partners of the Programme, in particular for adequate provision of these services. In the case of services provided by Partners of the Programme, the terms and conditions for provision of services of a given Partner shall apply.
7.2. The Organiser of the Programme shall not be liable for the Participants filling in the application form incorrectly or for the consequences of subsequent change of the data and information provided in the participation application, in particular for the lack of ability to contact the Participant or provide an award to the Participant.
7.3. Neither the Organiser nor Partners of the Programme shall be liable for any damage incurred by Participants in connection with actions of persons who gained unauthorised access to the Participant’s ID number and password.
7.4. The Organiser shall not be liable for any errors in crediting points to a Participant’s account in the Programme resulting from such Participant’s use of an incorrect ID number or other details under the Programme.
7.5. The Organiser shall not be liable for any damage caused to a Participant or a Third Party and connected with participation in the Programme if such damage was not done on purpose by the Organiser, its subcontractors or their employees.
7.6. The liability of the Organiser towards a Participant shall be limited to the value of the award that the Participant is entitled to.
VIII. Termination of participation in the Programme
8.1. Participants may choose to resign from participation in the Programme at any given time by sending a declaration of resignation to the Organiser to the Programme Service Centre at firstname.lastname@example.org with immediate effect.
8.2. Should a Participant change his or her place of employment to another IATA agency, it shall be necessary to update such Participant’s data by contacting the Programme Service Centre.
8.3. The Organiser shall have the right to exclude a Participant from the Programme if no points should be credited to such Participant’s account within 12 consecutive months. After this time, such Participant shall be required to register for the Programme once again.
8.4. The Organiser of the Programme may exclude a Participants from the Programme with immediate effect should the Participant fail to comply with the provisions hereof, provide false data in the application for the Programme, or should the Participant or the person him or her on the travel fail to comply with the terms and conditions of carriage of passengers of PLL LOT. The same shall apply to instances of abuse and prohibited actions referred to in section VI hereof, as well as to instances of the Participant or the person accompanying him or her on the travel failing to comply with recommendations of the personnel, in particular on board of aircraft or in business lounges.
8.5. In the event that a Participant should be excluded from the Programme for reasons referred to in sections VI and VIII hereof, such Participant’s account shall be closed immediately and the collected Points which have not been exchanged for awards by the time the account is closed shall be cancelled.
8.6. In the case of doubts regarding compliance of a Participant’s actions with the provisions hereof, the Organiser may request that the Member provide an explanation within 7 days, with the reservation that the Participant’s failure to respond shall result in the Participant’s account being blocked until the doubts in question have been explained. The Participant shall not be entitled to file any claims in connection with his or her Account being blocked.
8.7. In the event that the Participant’s explanation should confirm the Participant’s failure to comply with the provisions hereof, the Organiser shall have the right to exclude the Participant from the Programme with immediate effect and close the Participant’s account.
8.8. Should the Participant be excluded from the Programme by the Organiser, such Participant shall not be permitted to participate in it again.
IX. Complaint procedure
9.1. Complaints under the Programme can be submitted in the writing to the Organiser’s address: email@example.com.
9.2. Only Participants shall have the right to submit complaints.
9.3. Complaints should include the given Participant’s ID, detailed address and contact telephone number, as well as detailed description and indication of the cause of complaint.
9.4. Complaints shall be handled by the Organiser within 30 days following the day on which they are delivered to the Organiser.
9.5. Participants shall be informed about the Organiser’s decision by email. The Organiser’s decision regarding complaints shall be final and binding.
XI. Duration of the Programme
11.1. The Programme shall continue until it is cancelled by the Organiser pursuant to the rules set out herein.
11.2. The Programme may be suspended or terminated by the Organiser at any given time. The Organiser shall inform about termination of the Programme not later than 30 days prior to the termination.
11.3. Participants shall have the right to exchange the collected Points for awards within 6 months following the day of termination of the Programme. After this period, the Points shall be invalid.
XII. Personal data protection
12.1. The Organiser is the controller of personal data belonging to the Programme’s Participants. It is possible to contact the Organiser about the processed personal data of the Programme’s Participants at the e-mail address firstname.lastname@example.org or at the telephone number (022) 606 66 22
12.2. The Organiser processes personal data of the Participants within the Programme for the purposes of:
12.2.1 Programme execution – pursuant to Art. 6(1) of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) (in order to perform the agreement);
processed personal data: full name, address, e-mail address, telephone number, PESEL no. [Personal Statistical Identification Number], date of birth, name of agency, IATA number, address of agency, NIP no. [Tax Identification Number]. REGON no. [Business Identification Number] of the agency;
12.2.2 sending by electronic means information concerning promotions and services introduced by the Organiser to the market, organised events, competitions and special offers – pursuant to Article 6(1)(f) GDPR and Article 10(2) of the Act of
18 July 2002 on provision of services by electronic means (“APSEM”) (legally justified interest of the Organiser entailing a direct marketing of own services and products; with the Participant’s consent);
processed personal data: full name, e-mail address;
12.2.3 presenting the Organiser’s offer by telephone at the provided telephone number of the Participant – pursuant to 6(1)(f) GDPR and Article 172(1) of the Act of 16 July 2004 Telecommunications Law (“TL”) (legally justified interest of the Organiser entailing a direct marketing of own services and products; with the Participant’s consent);
processed personal data: full name, telephone number;
12.2.4 sending commercial information by electronic means which concerns current offer, sending information on promotions and services introduced by the Organiser to the market, events, competitions and special offers provided by the Organiser’s business partners – pursuant to Article 6(1)(f) GDPR and Article 10(2) APSEM (legally justified interest of the Organiser entailing a direct marketing of services and products of other entities; with the Participant’s consent);
processed personal data: full name, e-mail address;
12.2.5 presenting the offer of the Organiser’s business partners via telephone contact at the provided telephone number of the Participant – pursuant to Article 6(1)(f) GDPR and Art. 172(1) TL (legally justified interest of the Organiser entailing
a direct marketing of services and products of other entities; with the Participant’s consent); processed personal data: full name, telephone number;
12.2.6 for accounting, bookkeeping, tax and others purposes, connected with the performance of legal obligations by the Organiser – pursuant to 6(1)(c) GDPR.
processed personal data: full name, address of residence, e-mail address, telephone number, PESEL no. [Personal Statistical Identification Number], date of birth;
12.2.7 undertaking actions connected with Programme execution (pursuing claims, archiving of documents, internal statistics) – pursuant to Article 6(1)(f) GDPR (legally justified interest of the Organiser, i.e. the protection of its proprietary interests and day-to-day management of the enterprise); processed personal data: full name, address, e-mail address, telephone number, PESEL no. [Personal Statistical Identification Number], date of birth, name of agency, IATA number, address of agency, NIP no. [Tax Identification Number]. REGON no. [Business Identification Number] of the agency;
12.3. In order to contact the Data Protection Officer, one must write at the Controller’s address or at the following e-mail address: email@example.com.
12.4. Personal data of the Participants may be transferred to:
12.4.1 related entity of the Organiser, i.e. LOT Travel Sp. z o.o. with the registered office in Warsaw; LOT Team Sp. z o.o. with the registered office in Warsaw
12.4.2 to authorised employees or contractors of the Organiser;
12.4.3 business partners of the Organiser, i.e. entities providing marketing, advertising, hotel services, prize providers for the LOT Kolekcjoner programme;
12.5. Personal data of the Participants will be stored:
12.5.1 in order to perform rights and obligations resulting from the Programme – until claims arising from the participation in the Programme expire;
12.5.2 in order to send commercial information at the provided e-mail address or telephone contact at the provided telephone number – for no longer than until the consent is withdrawn/appeal is submitted;
12.5.3 for bookkeeping purposes – until the day the financial statements for the trade year are approved;
12.5.4 for tax purposes – for no longer than for a period of 5 years from the end of the calendar year during which the tax obligation originated;
12.6. The Programme’s Participant has the following authorisations, executed by contacting the Organiser via any communication channel:
12.6.1 access to the contents of its personal data (Article 15 GDPR) by requiring sharing or sending a copy of personal data package processed by the Organiser;
12.6.2 require correction of its personal data (Article 15 GDPR) through indication of incorrect personal data they concern;
12.6.3 require deletion of its personal data (Article 17 GDPR); the Company has the right to refuse deletion of data in cases stipulated by law;
12.6.4 require limitation of processing of its personal data (Article 18 GDPR) by indication which data shall be limited in terms of processing;
12.6.5 submit an appeal against processing of their personal data:
188.8.131.52 based on 6(1)(e) or (f) GDPR, due to reasons related with one’s specific situation,
184.108.40.206 at any moment – for the purposes of direct marketing (Article 21 GDPR)
12.6.6 for portability of your personal data (Article 20 GDPR) by requesting preparation and transfer of personal data by the Organiser which were transferred by the Participant to the Organiser or other controller, in a structured, commonly used format in a machine readable form; only data obtained on the basis of
a consent (Article 20 GDPR);
12.6.7 file a complaint to a supervisory authority, in particular in a member state of its habitual residence, workplace or place of alleged infringement, should it claim that processing of its personal data infringes provisions of GDPR (Article 71(1) GDPR).
12.7. The consents referred to in items 12.3 and 12.4 above shall be made by way of checking the appropriate fields on the application form during the process of registration for the Programme or in the Participant’s account in the Programme on the “Consents” tab. Consent can be revoked by the Participant in the scope it was granted. In order to do so, the Participant should log in to his or her account in the Programme, open the “Consents” tab and uncheck the field for the given consent or contact the Organiser via any communication channel. The withdrawal of consent shall not affect the lawfulness of data processing which was made on the basis of the Participant’s consent before the withdrawal.
12.8. Provision of the data by the Participant is voluntary. Provision of personal data by the Participant which were indicated as obligatory is necessary only for the purposes of participation in the Programme and to send to the Participant a message concerning current offer, information on promotions and services introduced into the market, organised events and competitions and special offers by the Organisers and its business partners.
XIII. Final provisions
13.1. The Organiser reserves the right to change these Rules and the rules of the Programme set out in the remaining materials, but the change must not breach the rights acquired by the Participants. Information about changes hereto shall be published at lotkolekcjoner.pl/hu not later than 2 weeks before the changes are to become effective.
13.2. This Programme and any obligations hereunder shall be governed by provisions of the Polish law.
13.3. Any disputes resulting from performance of obligations connected with the Programme shall be settled by the court competent for the Organiser’s registered office.
13.4. In the event that any of the provisions hereof should be deemed ineffective by the court, this fact shall not affect the validity of the remaining provisions.
13.5. The English version hereof shall prevail for the purposes of their interpretation.
13.6. The Organiser’s and Participants’ rights and obligations have been set out only in the Regulations and the materials to which the Rules clearly refer.
13.6.1. To the extent to which these Rules provide for it, the Partners’ and Participants’ rights and obligations have been set out in the Partners’ regulations.
13.6.2. Any marketing materials concerning the Programme shall be used for information purposes only.
13.7. The Rules are available on the Programme’s website at the address lotkolekcjoner.pl/hu
These Rules shall enter into force as of 01.10.2018