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TERMS AND CONDITIONS

Of the Internet sales and reservation of tickets/skipasses of Polskie Koleje Linowe SA 

(version as of 20 December, 2019).

 

Article 1.

Preliminary provisions

1. The entity managing the organised tourism and skiing area is Polskie Koleje Linowe Spółka Akcyjna registered in Zakopane, ul. Bachledy 7D, entered into the register of entrepreneurs by the District Court for Kraków-Śródmieście, 12th Commercial Department – National Court Register, under KRS no. 0000429345, with a share capital of PLN 172,700,000, paid up in full, NIP 736-17-16-338, REGON no. 122633430, hereinafter referred to as “PKL SA”.

2. Internet booking and sales of tickets and SKIpasses are operated according to these Terms and Conditions, hereinafter referred to as “Terms and Conditions”.

3. For the purposes of these Terms and Conditions, PKL SA introduces a glossary and defines the terms listed below as follows:

3.1.Consumer – a natural person with legal capacity, who performs a legal act that is not directly related to their business or professional activity, using the services of the selected Resort.

The documents that entitle the Consumer to use the services provided by PKL SA at PKL Resorts are:

a) Ticket – a document that authorises a one-way or round trip by cableway and confirms entering into a hand luggage transport agreement.

b) SKIpass – a document that authorises multiple trips by cableways and chairlifts/ski lift, depending on the type of purchased service. Multiple-day SKIpasses remain valid during the subsequent days after activation. Every SKIpass is personal. It is personalised upon first passage through a gate with reader and camera.

3.2. PKLpass – an electronic card, to which SKIpasses/KW SKIpasses/Tourpasses/ tickets purchased by the Consumer are saved. The card will enable entering each resort owned by PKL SA. They are the following resorts: Góra Parkowa, Góra Żar, Gubałówka, Jaworzyna Krynicka, Kasprowy Wierch, Palenica and Mosorny Groń. A PKLpass authorises using only one PKL SA resort, selected by the consumer/customer, when purchasing the SKIpass/KW SKIpass/Tourpass/ticket.

3.3. PKLpass is available as:

a) a non-returnable card,

b) a returnable card.

3.4 Security Deposit – when a returnable card mentioned in section 2.3 b) is issued, a returnable security deposit of PLN 10.00 (in words: ten Zlotys 00/100) is collected. The Security Deposit is not refundable if the card is lost or has visible mechanical damage.

3.5. Hand luggage – an entitled Consumer may have one type of luggage: a bicycle, a snowboard, one pair of skis with poles, provided that:

a) the sum of the length, width and height of the luggage does not exceed 130 cm; not applicable to ski equipment and bicycles,

b) the weight of the luggage does not exceed 10 kg; not applicable to skiing equipment

c) the weight of the pram does not exceed 20 kg.

The transport of luggage is possible if the terms and conditions of the selected resort allow it.

3.6. Extra luggage – any luggage that is not hand luggage or exceeds the parameters given in Section 2.5 is subject to an additional fee. The carrier has the right to refuse the transport of extra luggage.

3.7. Pricelist – the document indicating the current prices for specific PKL SA services, including in particular tickets and SKIpasses. The prices are given in Polish Zlotys (PLN) and include VAT at the rate applicable on the day of purchase of the given PKL SA service. The current pricelist is available at the Customer Service Centre, ticket machines, resort or pkl.pl.

Information for Consumers

4. Tickets and SKIpasses are booked and sold over the internet trough the website at www.sklep.pkl.pl, hereinafter referred to as the “Internet Sales System”.

5. The Customers using the Internet Sales System should observe the law and these Terms and Conditions, and the terms and conditions of using the Tourism and Ski Resorts managed by Polskie Koleje Linowe SA they are at. The Consumers shall not use the Internet Sales System to deliver unlawful content to anyone.

6. The Consumers using the Internet Sales System acknowledge that safe running of the cableways and lifts depends on the current weather conditions and that if they deteriorate, the running of cableways and lifts may be suspended without prior warning and until further notice. PKL SA informs that the current timetable of cableways and lifts, a well as the data on current weather conditions, are available at the resort selected by the Consumer.

7. Regardless of the provisions of Section 5 of this article of the Terms and Conditions, any person practicing sports, recreation or tourism in organised skiing areas owned by PKL SA within the given resort should follow the instructions of mountain rescue services if extraordinary danger to the safety of the persons at the given resort is identified.

8. The Consumer shall check the opening hours of the cableway before purchasing the SKIpass. If the Consumer purchases, a multiple-hour SKIpass exceeding the opening hours of the cableway, the remaining amount for an unused SKIpass will not be refunded.

9. The User (also referred to as the Purchaser or Customer) acknowledges that at the Palenica Resort in Szczawnica using the transport service of the cableway, as well as the gravity slide, is inseparably connected with a service consisting in photos being taken automatically during a cableway (gravity slide) trip and made available for purchase by TANGARA IP Sp. z o.o., registered in Zakopane, KRS no. 0000470820, for the period of 2 (two) hours, followed by deletion from the servers of the Parter, and that purchasing a ticket to use the transport service (gravity slide) constitutes entering into agreement for the provision of both services, i.e. for transport services (using the slide) and consent to taking photos during the cableway (gravity slide) trip.

10.To matters not regulated in these Terms and Conditions, regarding the rights and responsibilities of the Consumer, relevant regulations of the Resort selected by the Consumer are applicable:

a) Gubałówka, Butorowy Wierch – “Terms and Conditions of use of the Gubałówka Tourism and Ski Resort by Consumers”

b) Góra Parkowa: “Terms and Conditions of use of the Góra Parkowa Tourism and Ski Resort by Consumers”

c) Góra Żar: “Terms and Conditions of use of the Góra Żar Tourism and Ski Resort by Consumers”

d) Palenica: “Terms and Conditions of use of the Palenica Tourism and Ski Resort by Consumers”

e) Mosorny Groń: “Terms and Conditions of use of the Mosorny Groń Tourism and Ski Resort by Consumers”

f) Jaworzyna Krynicka: “Terms and Conditions of use of the Jaworzyna Krynicka Ski Resort in Krynica-Zdrój”

 

Technical requirements for purchases

11. Using the Internet Sales System requires:

a) PC computer or mobile device;

b) Internet access;

c) An internet browser installed in the computer or mobile device system (Internet Explorer 11.0 or higher, Mozilla Firefox 50.0 or higher, Opera 42.0 or higher, Google Chrome 55.0 or higher) and a pdf files reader.

Purchase

12. PKL SA operates internet booking and sales of tickets and SKIpasses 7 days a week, 24 hours a day, except for necessary maintenance breaks or failures.

13. The durations of the service provided by PKL SA to the Consumer, who purchased the given product through the Internet Sales System, depends on the type of the given ticket, SKIpass or other product and its validity period.

Article 2

Fees for tickets and SKIpasses

 

  1. In case of high interest in the given service, PKL SA reserves the right to introduce restrictions on the quantity of tickets and SKIpasses that the given Consumer may book and purchase for the given time.

Penalties

  1. PKL SA prohibits the Consumer, under the pain of SKIpass block, from the following:
  2. making their personalised SKIpass available to other persons.
  3. using a ticket or SKIpass at a concessionary rate, when the Consumer is not entitled to concession (preferential rates), using the organised tourism and skiing area without a valid ticket or SKIpass.
  4. Attendants may check, whether the Consumer observes the terms of use of the SKIpass.
  5. If no proper transport document is found, the Customer Service Centre/cash desk attendant (cashier) collects an appropriate cableway (lift) fare and an additional fee from the Consume
  6. If no valid document to support the Consumer's eligibility for a free or concessionary cableway (lift) trip is found, the Customer Service Centre/cash desk attendant (cashier) collects the proper fare and an additional fee payable at the resort cash desk or Customer Service Centre.
  7. The collected fare and additional fee, after paying a handling fee corresponding to the costs incurred by PKL SA, are subject to refund, or termination in case of request for payment, if the Consumer provides proof, within 7 days of the transport date, of their entitlement to free or concessionary trip.
  8. PKL SA has the right to:
  9. upon refusal to pay the fare – require the Consumer to present a document enabling their identification;
  10. upon failure to pay the fare and present the document, PKL SA shall refuse service to the Consumer until they acquire proper transport entitlement;
  11. in case of reasonable suspicion that the transport document or free or concessionary trip entitlement document presented by the Consumer has been forged or tampered with – hold the document against receipt and submit it to the prosecutor or Police, with notification to the issuer of the document.
  12. In the case referred to in Section 11 c), the Consumer shall remain at the place of inspection or another place defined by the PKL SA attendant until the arrival of a Police or other law enforcement officer.

Security Deposits

  1. A returnable PKLpass card is property of PKL SA, the Consumer is its holder for the duration of use of the service upon payment of the security deposit. It is PLN 10.00 (in words: ten Zlotys 00/100) and the Consumer shall pay it upon purchase of tickets or SKIpasses.
  2. The Security Deposit refund for the returnable card may be received until the end of May in each year, in the season, in which it was purchased. Until then, the Consumer shall return the card. A refund may only be collected at the resort cash desk, the Consumer Service Centre and the so-called refund machine. The card returned by the Consumer cannot have any cracks, bends or other visible mechanical damage, or the Security Deposit will not be refunded to the Consumer.

The returnable card is property of PKL SA, while upon payment of the Security Deposit the Consumer becomes its holder. The user pays the Security Deposit with the payment of the purchased Tourpass or KW SKIpass price.

 

Article 3

Who is entitled to concessionary tickets and SKIpasses

  1. Concessionary tickets are available to:
  2. children aged 4-15 – based on a document confirming their age;
  3. youth people aged 15-26 – based on:
  • a valid school ID card;
  • a valid university ID card;
  • a valid PhD student ID card, certified for the subsequent period by a university;
  • foreign school and university students aged up to 26, based on a ISIC or Euro 26 ID card;
  1. persons aged above 65 – based on a valid identity card with picture;
  2. guides or chaperones of school groups;. a group guide leading min. 10 dependants (one per group); chaperones of school groups, 1 chaperone per 10 dependants;
  3. persons with severe disability within the meaning of Journal 3 sec. 1 item 1 of the Act of 27 August 1997 on professional and social rehabilitation and employment of persons with disabilities (i.e. Journal of Laws 2019, item 1172, as amended) (former group I) – based on a disabled ID card or valid disability certificate;
  4. blind persons moving with a guide or guide dog, based on a valid disabled ID card or valid disability certificate, in which the cause of disability is given as designation (ICD-10 code): “04-0”, “O”, “o” or “h”;
  5. carer of a person with disability mentioned in Subsections e) and f);
  6. SKIpasses with discount on purchase are available for:
  7. children aged 4-15 – based on a document confirming their age;
  8. persons aged above 65 – based on a valid identity card with picture;
  9. persons with severe disability within the meaning of art. 3 sec. 1 item 1 of the Act of 27 August 1997 on professional and social rehabilitation and employment of persons with disabilities (i.e. Journal of Laws 2019, item 1172, as amended) (former group I) – based on a disabled ID card or valid disability certificate;
  10. blind persons moving with a guide or guide dog, based on a valid disabled ID card or valid disability certificate, in which the cause of disability is given as designation (ICD-10 code): “04-0”, “O”, “o” or “h”;
  11. carer of a person with disability mentioned in Subsections c) and d);
  12. Free trips are available for children aged up to 4 – the child’s guardian shall present a document confirming the child’s age.

 

Article 4

Consumer account and purchase method

  1. The Consumer orders and purchases tickets or SKIpasses in the Internet Sales System using the personal account.
  2. To create an account, the Consumer must sign up, which includes submitting the following data:
    1. first name and surname;
    2. address of residence;
    3. email address, to be used as login (user ID);
    4. mobile phone number
  3. The Consumer accesses their account using the login (user ID) and password.
  4. The Consumer may purchase tickets without signing up, after entering the data necessary for processing the purchase.

 

Article 5

Terms of payment and delivery of the ticket or SKIpass

  1. The ticket/SKIpass may be paid for using the electronic payment system accepted by PKL SA.
  2. The Consumer using the Internet Sales System acknowledges that upon pressing the “POTWIERDŹ ZAKUP” (CONFIRM PURCHASE) button on the www.sklep.pkl.pl/ koszyk/summary.html page, on the “Koszyk” (Shopping Cart) tab, they shall pay the indicated price with security deposit for the returnable card (if any).
  3. The Consumer shall make the payment for the order within 2 hours of placing it. Any tickets and i SKIpasses unpaid within this time return to the sales pool and the order is cancelled.

Collecting tickets

  1. The Consumer may select one of three ways of delivery of the purchased ticket:
  • by email,
  • by text message
  • by recharging the PKLpass.

The Consumer that selected ticket delivery by email or text message shall receive it at the email address or to mobile phone number specified in the order. The Consumer that selected ticket delivery by text message must have internet access on their mobile phone.

Collecting SKIpasses:

  1. The Consumer may select one of two ways of delivery of the purchased SKIpass:
    1. recharging the PKLpass card;
    2. collecting in person.

When purchasing on the “KROK 2” (STEP 2) tab, the Consumer marks the desired delivery option of the purchased SKIpass.

Recharging the PKLpass card:

  1. Holding a PKLpass card is a pre-requisite for recharging.

 

Collecting SKIpasses in person

  1. The Consumers using the Internet Sales System may collect their purchased SKIpasses at the so-called SKIpass machines, in the following locations:
  2. Góra Żar, ul. Górska 21, 34-312 Międzybrodzie Żywieckie (lower station),
  3. Gubałówka, ul. Na Gubałówkę, 34-500 Zakopane; (lower station),
  4. Jaworzyna Krynicka, ul. Czarny Potok 75, 33-380 Krynica Zdrój (lower station),
  5. Palenica, ul. Główna 7, 34-460 Szczawnica (lower station),

The Consumer that selected collecting the SKIpass in person shall receive a SKIpass machine code to the telephone number they submitted, to collect the PKLpass card with a recharged SKIpass. In case of failure of the SKIpass machine, the purchased KW SKIpass may be collected at the Customer Service Centre or cash desk of the Resort. This may be done 15 minutes before the specified departure time at the latest.

 

Article 6

Withdrawal from the agreement (withdrawal by Consumer’s will)

  1. The Consumer may withdraw from the purchase, i.e. withdraw from the ticket or SKIpass sales agreement they concluded with PKL SA upon purchase of the service on the following terms.
  2. If the Consumer withdraws from the service (i.e. withdraws from the agreement) before at least 24 hours before the departure, PKL SA shall refund 100% of the purchased ticket or SKIpass price.
  3. PKL SA does not accept the withdrawal (i.e. the withdrawal is ineffective), if the Consumer states their will to withdraw on the day of departure.
  4. To withdraw from the tickets/SKIpasses purchase agreement in the online store, the Consumer shall complete the steps described in Article 7 Section 6 of these Terms and Conditions.
  5. In case of withdrawal from the agreement concluded through the Internet Sales System of PKL SA, the agreement is considered as not concluded.

 

Article 7

Terms of refunds for unused tickets and SKIpasses

  1. Big numbers of people using the given resort, bad weather and skiing conditions and partial reduction of the slope shall not constitute grounds for refund to PKL SA.
  2. if cableways/funiculars are closed or suspended, PKL SA shall refund the amount for unused tickets/SKIpasses to Consumers according to this article of the Terms and Conditions.
  3. The Consumer is entitled to refund according to Section 1 of this article of the Terms and Conditions, up to 30 days from the planned trip day.
  4. The terms and amount of refund for tickets and SKIpasses depend on the reason and time of return.
  5. Rules of return of SKIpasses, when ski routes are closed:
  6. When the lift/chairlift running is suspended before half of the SKIpass validity time is elapsed, the Consumer receives a 100% refund.
  7. When the lift/chairlift running is suspended after using half of the SKIpass validity time, the Consumer receives a 50% refund.
  8. The amount referred to in Section 1 of this article shall be refunded as follows:
  9. After logging into the Internet Sales System at www.sklep.pkl.pl, the Consumer selects the “Twoje zamówienia” (Your Orders) tab and clicks on “ZWROT” (RETURN) or “REKLAMACJA” (COMPLAINT).
  10. Then, the Consumer selects the product to return and clicks on “ZWROT” (RETURN) or “REKLAMACJA” (COMPLAINT).
  11. The Consumer will be redirected to the list of products, on which they selects products to return and enters the reason for the return in the comment section (required).
  12. PKL SA will check the return for compliance with these Terms and Conditions and issue the refund decision. Then, the Consumer will receive a corrected invoice. After the Consumer accepts it, they will receive the refund due through the electronic payment system accepted by PKL SA.
  13. In case of ticket/SKIpass purchase without signing up, the Consumer returns the product by clicking the suitable link in the order confirmation email. Further steps are the same as described in Section 6 of this article.

 

Article 8

How to file a complaint

  1. The Consumer has the right to file a complaint if in their opinion PKL SA failed to perform the service or to perform it properly. The complaint may be filed up to 2 months from the date of service provision to the Consumer by PKL SA at the resort.
  2. Complaints may be filed in one of the two following ways:
  3. online, through the Internet Sales System
  4. by email to reklamacje@pkl.pl,
  5. in writing, to the PKL SA address given in Article 1 Section 1.
  6. The complaint should include the first name and surname of the Consumer, their email address, mail address, order number, ticket/PKLpass card number and cause of the complaint.
  7. The complaint related to the electronic payment system, in addition to the data listed in Section 3, should include: transaction number, payment confirmation, transaction amount, first name and surname of the bank account (bank card) owner, transaction date.
  8. Complaints are reviewed within 14 days of filing. The Consumer will be informed of the complaint procedure result in writing, to the address given in Article 4 Section 2b of these Terms and Conditions or on a permanent medium sent to email according to Article 4 Section 2c.
  9. If the Consumer does not receive notification on the complaint review result within 14 days of the receipt date, it means that it has been accepted.

 

Article 9

Personal data of Consumers

  1. PKL SA fully respects the privacy of the Consumers and protects their personal data.
  2. The administrator of the personal data that the Consumer when signing up in the Internet Sales System of PKL SA (https://www.sklep.pkl.pl) is Polskie Koleje Linowe SA.
  3. In matters related to personal data processing, the Consumer may contact the inspector of personal data protection as follows:
  4. by email to iodo@pkl.pl,
  5. in writing to: PKL SA, ul. Bachledy 7d, 34-500 Zakopane.
  6. The personal data that the Consumer submits in the registration form are processed for the following purposes:
  7. performance of the sales agreement of the products and services offered by PKL SA and partners belonging to the PKL SA Capital Group (i.e.: Kolej Gondolowa Jaworzyna Krynicka SA, PKL FOOD Sp. z o.o., PKL FOOD Sp. z o.o. sp. k., Tangara IP),
  8. promotional campaigns, by means of which PKL SA sell services,
  9. manage the register of accidents that occurred in organised skiing ares managed by PKL SA (PKL SA obligation based on Article 37 Section 1 of the Act of 18 August 2011 on safety and rescue in the mountains and in organised skiing areas).
  10. Submitting personal data is voluntary, but necessary if the Consumer wants to shop and enter into agreement with PKL SA over the internet.
  11. The personal data of the Consumer are made available to the hosting service provider of the Internet Sales System of PKL SA (https://www.sklep.pkl.pl/), entities handling electronic payments and partners belonging to the PKL SA Capital Group to the extent necessary to perform the agreement.
  12. Regardless of the provisions of Section 6 of this article of the Terms and Conditions, PKL SA informs that they transmit the personal data of a Customer that suffered an accident to the Police, prosecutor office, courts and insurance companies in connection with their proceedings.
  13. The Consumer has the right to access, amend (i.e. correct), remove from the database, restrict processing and transfer their data.
  14. The data subject may at any time object to data processing based on legally justified interest of the administrator, unless the personal data administrator proves that there are valid, legally justified grounds for further processing in connection with potential determination, pursuit or defence of claims.
  15. PKL SA informs that resort areas are monitored, including the recording of e.g. the images of the Consumers using slopes, line transport equipment and resort facilities. The purpose of the monitoring is to ensure safety of the Consumers using the station and for protection against theft, breaking-in, property damage, aggressive behaviour etc.
  16. Furthermore, PKL SA informs that pursuant to FIS Rules, if anyone suffered an injury on the slope, every skier and snowboarder, who was a witness or participant of the event, shall provide their personal data according to FIS Rules and based on Article 37 Section 3 of the Act. The above data is necessary for PKL SA to manage the register of accidents, which is also made available to TOPR/GOPR and referred to in Section 4c of this article of the Terms and Conditions, and which PKL SA is obliged to manage.
  17. In addition to the data on the Consumer collected during registration, data is also collected as cookies, used to identify the Consumer and analyse the way, in which they use the Internet Sales System.
  18. The personal data submitted through form is stored until the expiration of potential claims according to the applicable law.
  19. The personal data administrator for the service consisting in taking photos of people during a cableway (gravity slide) trip at the Palenica Resort in Szczawnica with an option to purchase them and using the offer of the get.Photoride.eu store is Tangara IP Sp. z o.o., registered in Zakopane, KRS 0000470820.
  20. The Connsumer has the right to file a complaint to the President of the Personal Data Protection Office if they consider the processing of their personal data to break the law.

 

Article 10

Final provisions

  1. PKL SA shall not be responsible for email server administrators blocking the transmission of messages to the email address given by the Consumer using the Internet Sales System and for the software installed on the Consumer’s computer deleting and blocking email messages.
  2. PKL SA shall not be responsible for errors in the use of the Internet Sales System by the Consumer resulting from their submission of incorrect data.
  3. PKL SA shall not be responsible for transactions made by unauthorised persons, who obtained access to the Consumer’s account in the Internet Sales System as a results of the Consumer’s failure to take precautions, when handling the login and password to their account.
  4. PKL SA reserves the right to amend these Terms and Conditions. Any amendments to these Terms and Conditions are effective as of the date given by PKL SA, at least 14 days of the date of publishing in the Internet Sales System. The Consumer, who did the shopping (concluded a service agreement with PKL SA) before the effective date of these Terms and Conditions, considers their provisions as binding if the Consumer accepts them according to Section 5 of this article of the Terms and Conditions.
  5. The Agreement between PKL SA and the Consumer, purchased a service before the effective date of these Terms and Conditions, shall be terminated in 14 days of this date, unless the Consumer submits a declaration of consent to continued provision of services under these Terms and Conditions within this period. Also, the agreement with the Consumer shall not be terminated if they use the purchased service after the effective date of these Terms and Conditions.
  6. During the agreement, the Consumer has the right to request:
  • confirmation of its content in writing,
  • change of the remote communication means, unless its use is not provided for in the agreement or it does not fit the nature of the service.

Tickets and SKIpasses are booked and sold over the internet trough the website at sklep.pkl.pl, hereinafter referred to as the “Internet Sales System”.

  1. The Terms and Conditions are effective as of 20 December 2019.

 

 

TERMS AND CONDITIONS

Of reservation and sales of TourPass/ KW SkiPass Internet, as well as other products of Polskie Koleje Linowe SA in the Kasprowy Wierch facility

(version as of 20 December, 2019)

 

§1.

[preliminary provisions]

Article 1.

Preliminary provisions

  1. The entity managing the organised tourism and skiing area is Polskie Koleje Linowe Spółka Akcyjna registered in Zakopane, ul. Bachledy 7D, entered into the register of entrepreneurs by the District Court for Kraków-Śródmieście, 12th Commercial Department – National Court Register, under KRS no. 0000429345, with a share capital of PLN 172,700,000, paid up in full, NIP 736-17-16-338, REGON no. 122633430, hereinafter referred to as “PKL SA”.
  2. Internet booking and sales of tickets and SKIpasses are operated according to these Terms and Conditions, hereinafter referred to as “Terms and Conditions”.
  3. For the purposes of these Terms and Conditions, PKL SA introduces a glossary and defines the terms listed below as follows:
  • Consumer – a natural person with legal capacity, who performs a legal act that is not directly related to their business or professional activity, using the services of the Resort.
  • The documents that entitle the Consumer to use the services provided by PKL SA at the Kasprowy Wierch resort are:

a) Tourpass – a document that authorises a one-way or round trip by Kasprowy Wierch cableway and confirms entering into a hand luggage transport agreement. The price of a Tourpass for Kasprowy Wierch consists of the following components:

  • ticket,
  • Tatrzański Part Narodowy admission fees,
  • seat fees (i.e. for the warranty of seat booking in the cableway car on the given day and time),
  • priority/booking fees (if applicable),
  • additional fee, e.g. for extra hand luggage.

b) KW SKIpass – a document that authorises multiple trips by cableways and ski lifts at the Kasprowy Wierch Resort. The KW SKIpass price consists of the following components:

  • ski ticket,
  • Tatrzański Part Narodowy admission fee,
  • seat fees (i.e. for the warranty of seat booking in the cableway car on the given day and time for a SKIpass),
  • priority/booking fee (if applicable),
  • additional fee, e.g. for extra hand luggage.

3.3. Multiple-day skipasses are valid for multiple subsequent days, counted from activation. The SKIpass is personal. It is personalised upon first passage through a gate with reader and camera.

  • PKLpass – an electronic card, to which SKIpasses/KW SKIpasses/Tourpasses/ tickets purchased by the Consumer are saved. The card will enable entering each resort owned by PKL SA. They are the following resorts: Góra Parkowa, Góra Żar, Gubałówka, Jaworzyna Krynicka, Kasprowy Wierch, Palenica and Mosorny Groń. A PKLpass authorises using only one PKL SA resort, selected by the consumer/customer, when purchasing the SKIpass/KW SKIpass/Tourpass/ticket, therefore it is prohibited to use a different resort than declared upon purchase.

PKLpass is available as:

  1. a non-returnable card,
  2. a returnable card.

3.4. Security Deposit – when a returnable card mentioned in section 2.3 b) is issued, a returnable security deposit of PLN 10.00 (in words: ten Zlotys 00/100) is collected. The Security Deposit is not refundable if the card is lost or has visible mechanical damage.

3.5. Hand luggage – within the SKIpass/Tourpass price, the Consumer is entitled to carry one type of luggage: a pram, a snowboard, one pair of skis with poles, provided that:

  1. the sum of the length, width and height of the luggage does not exceed 130 cm; not applicable to ski equipment,
  2. the weight of the luggage does not exceed 10 kg; not applicable to skiing equipment,
  3. the weight of the pram does not exceed 20 kg.

3.6. Extra luggage – any luggage that is not hand luggage or exceeds the parameters given in Section 2.5 is subject to an additional fee. The carrier has the right to refuse the transport of extra luggage.

3.7. Pricelist – the document indicating the current prices for specific PKL SA services, including in particular Tourpasses/KW SKIpasses. TOP SKIpasses. The prices are given in Polish Zlotys (PLN) and include VAT at the rate applicable on the day of purchase of the given PKL SA service. The current pricelist is available at the Customer Service Centre, ticket machines, resort or pkl.pl.

 

Information for Consumers

  1. Tourpasses and KW SKIpasses are booked and sold over the internet trough the website at sklep.pkl.pl,, hereinafter referred to as the “Internet Sales System”.
  2. The Customers using the Internet Sales System should observe the law and these Terms and Conditions of using the Kasprowy Wierch Tourism and Ski Resort managed by Polskie Koleje Linowe SA they are at. The Consumers shall not use the Internet Sales System to deliver unlawful content to anyone.
  3. The Consumers using the Internet Sales System acknowledge that safe running of the cableways and lifts depends on the current weather conditions and that if they deteriorate, the running of cableways and lifts may be suspended without prior warning and until further notice. PKL SA informs that the current timetable of cableways and lifts, as well as the data on current weather conditions, are available at the Kasprowy Wierch Resort.
  4. Regardless of the provisions of Section 5 of this article of the Terms and Conditions, any person practicing sports, recreation or tourism in organised skiing areas owned by PKL SA within the given resort should follow the instructions of mountain rescue services if extraordinary danger to the safety of the persons at the given resort is identified.
  5. The Consumer shall check the opening hours of the chairlift cableway before purchasing the SKIpass. If the Consumer purchases, a multiple-hour SKIpass exceeding the opening hours of the chairlift cableway, the remaining amount for an unused SKIpass will not be refunded.

 

  1. Before purchasing and using a KW SKIpass, the Consumer shall check, whether chairlifts are open. If the Consumer, despite notification that chairlifts are closed in Kocioł Goryczkowy and Kocioł Gąsienicowy, goes to Kasprowy Wierch by cableway, the refund, in accordance the provisions of Article 7, will be reduced by the price of a KL Kasprowy Wierch trip of PLN 35.00.
  2. To matters not regulated in these Terms and Cinditions, regarding the rights and responsibilities of the Consumer purchasing services online, the following “Terms and Conditions of use of the Kasprowy Wierch Tourism and Ski Resort located in organised tourism and skiing areas by Consumers” are applicable.

 

Technical requirements for purchases

  1. Using the Internet Sales System requires:

a) PC computer or mobile device;

b) Internet access;

c) An internet browser installed in the computer or mobile device system (Internet Explorer 11.0 or higher, Mozilla Firefox 50.0 or higher, Opera 42.0 or higher, Google Chrome 55.0 or higher) and a pdf files reader.

Purchase

  1. PKL SA operates internet booking and sales of Tourpasses and KW SKIpasses 7 days a week, 24 hours a day, except for necessary maintenance breaks or failures.
  2. The durations of the service provided by PKL SA to the Consumer, who purchased the given product through the Internet Sales System, depends on the type of the given Tourpass, KW SKIpass or other product and its validity period.

 

Article 2

Fees for Tourpasses and KW SKIpasses

  1. In case of high interest in the given service KW, PKL SA reserves the right to introduce restrictions on the quantity and type of Tourpasses and KW SKIpasses that the given Consumer may book and purchase for the given time.
  2. If the Consumer is to incur additional costs related to purchase of Tourpasses/KW SKIpasses – in addition to the prices given in the Internet Sales System – their separate and express consent is required.

Penalties

  1. PKL SA prohibits the Consumer, under the pain of SKIpass block, from the following:
  1. making their personalised SKIpass available to other persons.
  2. using a Tourpass or SKIpass at a concessionary rate, when the Consumer is not entitled to concession (preferential rates),
  3. using an organised tourism and skiing area without a valid Tourpass or SKIpass.
    1. Attendants may check, whether the Consumer observes the terms of use of the KW SKIpass.
  4. If no proper transport document is found, the PKL SA attendant collects an appropriate cableway (lift) fare and an additional fee from the Consumer or issues a request for payment.
  5. If no valid document to support the Consumer's eligibility for a free or concessionary cableway (lift) trip is found, the cash desk attendant (cashier) collects the proper fare and an additional fee payable at the resort cash desk.
  6. The collected fare and additional fee, after paying a handling fee corresponding to the costs incurred by PKL SA, are subject to refund, or termination in case of request for payment, if the Consumer provides proof, within 7 days of the transport date, of their entitlement to free or concessionary trip.
  7. PKL SA has the right to:
  8. upon refusal to pay the fare – require the Consumer to present a document enabling their identification;
  9. upon failure to pay the fare and present the document, PKL SA shall refuse service to the Consumer until they acquire proper transport entitlement;
  10. in case of reasonable suspicion that the transport document or free or concessionary trip entitlement document presented by the Consumer has been forged or tampered with – hold the document against receipt and submit it to the prosecutor or Police, with notification to the issuer of the document.
  11. In the case referred to in Section 11 c), the Consumer shall remain at the place of inspection or another place defined by the PKL SA attendant until the arrival of a Police or other law enforcement officer.
  12. If the Consumer was late for the cableway, but had paid a seat fee for the given date, they may only pay an additional fee for a new seat for the first current and available trip. The cost of an additional fee is given in the Pricelist applicable on the date of purchase. The Consumer may only pay this additional fee at the cash desk by the Kasprowy Wierch cableway, provided that the current throughput enables the Consumer’s trip at an additional fee.

 

Security Deposits

  1. A returnable PKLpass card is property of PKL SA, the Consumer is its holder for the duration of use of the service upon payment of the security deposit. It is PLN 10.00 (in words: ten Zlotys 00/100) and the Consumer shall pay it upon purchase of Tourpasses or KW SKIpasses.
  2. The Security Deposit refund for the returnable card may be received until the end of May in each year, in the season, in which it was purchased. Until then, the Consumer shall return the card. A refund may only be collected at the resort cash desk, the Consumer Service Centre and the so-called refund machine. The card returned by the Consumer cannot have any cracks, bends or other visible mechanical damage, or the Security Deposit will not be refunded to the Consumer.
  3. The returnable card is property of PKL SA, while upon payment of the Security Deposit the Consumer becomes its holder. The user pays the Security Deposit with the payment of the purchased Tourpass or KW SKIpass price.

 

Article 3

Who is entitled to concessionary Tourpasses and KW SKIpasses

  1. Tourpasses with discount on purchase are available for:
  1. children aged 4-15 – based on a document confirming their age;
  2. youth people aged 15-26 – based on:
  • a valid school ID card;
  • a valid university ID card;
  • a valid PhD student ID card, certified for the subsequent period by a university;
  • foreign school and university students aged up to 26, based on a ISIC or Euro 26 ID card;
  1. persons aged above 65 – based on a valid identity card with picture;
  2. chaperones of school groups, – 1 chaperone per 10 dependants;
  3. persons with severe disability within the meaning of Journal 3 sec. 1 item 1 of the Act of 27 August 1997 on professional and social rehabilitation and employment of persons with disabilities (i.e. Journal of Laws 2019, item 1172, as amended) (former group I) – based on a valid disabled ID card or valid disability certificate;
  4. blind persons moving with a guide or guide dog, based on a valid disabled ID card or valid disability certificate, in which the cause of disability is given as designation (ICD-10 code): “04-0”, “O”, “o” or “h”;
  5. carer of a person with disability mentioned in Subsections e) and f);
  6. Seats for guides upon purchase of a Tourpass are available to:
  7. Tatra guide with a group based on IVBV or class I and II Tatra guide ID card.
  8. Class III Tatra guide based on guide ID card with group of min. 10 persons.
  9. KW SKIpasses with discount on purchase are available for:
  10. children aged 4-15 – based on a document confirming their age;
  11. persons aged above 65 – based on a valid identity card with picture;
  12. persons with severe disability within the meaning of art. 3 sec. 1 item 1 of the Act of 27 August 1997 on professional and social rehabilitation and employment of persons with disabilities (i.e. Journal of Laws 2019, item 1172, as amended) (former group I) – based on a valid disabled ID card or valid disability certificate;
  13. blind persons moving with a guide or guide dog, based on a valid disabled ID card or valid disability certificate, in which the cause of disability is given as designation (ICD-10 code): “04-0”, “O”, “o” or “h”;
  14. carer of a person with disability mentioned in Subsections c) and d);
  15. Free trips are available for children aged up to 4 – the child’s guardian shall present a document confirming the child’s age.

 

Article 4

Consumer account and purchase method

  1. The Consumer orders and purchases Tourpasses/KW SKIpasses in the Internet Sales System using the personal account.
  2. To create an account, the Consumer must sign up, which includes submitting the following data:
  3. first name and surname;
  4. address of residence;
  5. email address, to be used as login (Consumer ID);
  6. mobile phone number.
  7. The Consumer accesses their account using the login (Consumer ID) and password.
  8. The Consumer may purchase Tourpasses and KW SKIpasses without signing up, after entering the data necessary for processing the purchase.

 

Article 5

Terms of payment and delivery of the KW SKIpass/Tourpass

  1. Płatność za Tourpass/KW SKIpass jest możliwa za pomocą systemu płatności elektronicznej akceptowanego przez PKL SA.
  2. The Consumer using the Internet Sales System acknowledges that upon pressing the “POTWIERDŹ ZAKUP” (CONFIRM PURCHASE) button on the www.sklep.pkl.pl/ koszyk/summary.htm page, on the “Koszyk” (Shopping Cart) tab, they shall pay the indicated price with security deposit for the returnable card (if any).
  3. The Consumer shall make the payment for the order within 2 hours of placing it. Any Tourpasses and KW SKIpasses unpaid within this time return to the sales pool and the order is cancelled.

Collecting Tourpasses

  1. The Consumer may select one of three ways of delivery of the purchased Tourpass:
  2. by email,
  3. by text message,
  4. by recharging the PKLpass.

The Consumer that selected Tourpass delivery by email or text message shall receive it at the email address or to mobile phone number specified in the order. The Consumer that selected ticket delivery by text message must have internet access on their mobile phone.

Collecting SKIpasses:

  1. The Consumer may select one of two ways of delivery of the purchased SKIpass:
    1. recharging the PKLpass card;
    2. collecting in person.

When purchasing on the “KROK 2” (STEP 2) tab the Consumer marks the desired delivery option of the purchased SKIpass.

Recharging the PKLpass card:

Holding a PKLpass card is a pre-requisite for recharging.

 

Collecting SKIpasses in person

  1. The Consumers using the Internet Sales System may collect their purchased KW SKIpasses at the so-called SKIpass machines, in the following locations:
  2. Góra Żar, ul. Górska 21, 34-312 Międzybrodzie Żywieckie (lower station),
  3. Gubałówka, ul. Na Gubałówkę, 34-500 Zakopane; (lower station),
  4. Jaworzyna Krynicka, ul. Czarny Potok 75, 33-380 Krynica Zdrój (lower station),
  5. Palenica, ul. Główna 7, 34-460 Szczawnica (lower station),
  6. Kasprowy Wierch ul. Kuźnice 14, Zakopane 34-500 (lower station),

 

The Consumer that selected collecting the KW SKIpass in person shall receive a SKIpass machine code to the telephone number they submitted KW, to collect the PKLpass card with a recharged SKIpass. In case of failure of the SKIpass machine, the purchased KW SKIpass may be collected at the Customer Service Centre or cash desk of the KW Resort. This may be done 15 minutes before the specified departure time at the latest.

 

Article 6

Withdrawal from the agreement (withdrawal by Consumer’s will)

  1. The Consumer may withdraw from the purchase KW, i.e. withdraw from the Tourpass or KW SKIpass sales agreement they concluded with PKL SA upon purchase of the service on the following terms.
  2. If the Consumer withdraws from the service (i.e. withdraws from the agreement) before at least 24 hours before the departure, PKL SA shall refund 100% of the purchased Tourpass or KW SKIpass price.
  3. If the Consumer withdraws from the service (i.e. withdraws from the agreement) on the day of departure, 2 hours before the departure at the latest, PKL SA shall refund 80% of the purchased Tourpass or KW SKIpass price. PKL SA does not accept the withdrawal (i.e. the withdrawal is ineffective), if the Consumer declares it later than 2 hours before the departure.
  1. To withdraw from the Tourpasses/KW SKIpasses purchase agreement in the online store, the Consumer shall complete the steps described in Article 7 Section 7 of these Terms and Conditions.
  2. In case of withdrawal from the agreement concluded through the Internet Sales System of PKL SA, the agreement is considered as not concluded.

Article 7

Terms of refunds for unused Tourpasses and KW SKIpasses

  1. Big numbers of people using the given resort, bad weather and skiing conditions and partial reduction of the slope shall not constitute grounds for refund to PKL SA.
  2. If the cableway is closed or suspended, PKL SA shall refund the amount for unused Tourpasses/KW SKIpasses to Consumers according to this article of the Terms and Conditions.
  3. The Consumer is entitled to refund according to Section 1 of this article of the Terms and Conditions, up to 30 days from the planned trip day.
  4. The terms and amount of refund for Tourpasses and KW SKIpasses depend on the reason and time of return.
  5. The rules of return of KW SKIpasses, when routes in Kocioł Gąsienicowym and Kocioł Goryczkowy are closed, are as follows:
  6. Four-hour SKIpasses:
  • if the Consumer returns the SKIPass within two hours from the start of use, PKL shall refund 100% of the price;
  • if the Consumer returns the SKIpass after more than two hours from the start of use, PKL SA shall refund 50% of the price;
  1. One-day KW SKIpasses:
  • if the Consumer returns the SKIPass within two hours from the start of use, PKL SA shall refund 100% of the price;
  • if the Consumer returns the SKIPass within four hours from the start of use, PKL SA shall refund 50% of the price;
  • if the Consumer returns the SKIpass after more than four hours from the start of use, PKL SA will subtract the cost of a 4-hour SKIpass from the price of a one-day SKIpass and refund the remaining amount to the Consumer;
  1. Two-day KW SKIpasses

When routes in Kocioł Gąsienicowy and Kocioł Goryczkowy, rules on specific days, as in b) of this article, on a one-day KW SKIpass are applied to each day, in which a SKIpass was not used by the Consumer in entirety.

  1. The closing of one of two chairlifts, in Kocioł Goryczkowy or Kocioł Gąsienicowy, shall not constitute grounds for refund.
  2. The amount referred to in Section 1 of this article shall be refunded as follows:
  3. After logging into the Internet Sales System at www.sklep.pkl.pl, the Consumer selects the “Twoje zamówienia” (Your Orders) tab and clicks on “ZWROT” (RETURN) or “REKLAMACJA” (COMPLAINT).
  4. Then, the Consumer selects the product to return and clicks on “ZWROT” (RETURN) or “REKLAMACJA” (COMPLAINT).
  5. The Consumer will be redirected to the list of products, on which they selects products to return and enters the reason for the return in the comment section (required).
  6. PKL SA will check the return for compliance with these Terms and Conditions and issue the refund decision. Then, the Consumer will receive a corrected invoice. After the Consumer accepts it, they will receive the refund due through the electronic payment system accepted by PKL SA.
  7. In case of Tourpass/KW SKIpass purchase without signing up, the Consumer returns the product by clicking the suitable link in the order confirmation email. Further steps are the same as described in Section 4 of this article.
  8. If the return is justified, a corrected cash register receipt/invoice will be presented for signature/approval to the Consumer. When PKL SA receives the signed document, i.e. corrected invoice or cash register receipt, the refund procedure will be initiated.


Article 8

How to file a complaint

  1. The Consumer has the right to file a complaint if in their opinion PKL SA failed to perform the service or to perform it properly. The complaint may be filed up to 2 months from the date of service provision to the Consumer by PKL SA at the resort.
  2. Complaints may be filed in one of the two following ways:
  3. online, through the Internet Sales System
  4. by email to reklamacje@pkl.pl,
  5. in writing, to the PKL SA address given in Article 1 Section 1.
  6. The complaint should include the first name and surname of the Consumer, their email address, mail address, order number, ticket/PKLpass card number and cause of the complaint.
  7. The complaint related to the electronic payment system, in addition to the data listed in Section 3, should include: transaction number, payment confirmation, transaction amount, first name and surname of the bank account (bank card) holder, transaction date.
  8. Complaints are reviewed within 14 days of filing. The Consumer will be informed of the complaint procedure result in writing, to the address given in Article 4 Section 2b of these Terms and Conditions or on a permanent medium sent to email according to Article 4 Section 2c.
  9. If the Consumer does not receive notification on the complaint review result within 14 days of the receipt date, it means that it has been accepted.

 

Article 9

Personal data of Consumers

  1. PKL SA fully respects the privacy of the Consumers and protects their personal data.
  2. The administrator of the personal data that the Consumer when signing up in the Internet Sales System of PKL SA (https://www.sklep.pkl.pl) is Polskie Koleje Linowe SA.
  3. In matters related to personal data processing, the Consumer may contact the inspector of personal data protection as follows:
  4. by email to iodo@pkl.pl,
  5. in writing to: PKL SA, ul. Bachledy 7d, 34-500 Zakopane.
  6. The personal data that the Consumer submits in the registration form are processed for the following purposes:
  7. performance of the sales agreement of the products and services offered by PKL SA and partners belonging to the PKL SA Capital Group (i.e.: Kolej Gondolowa Jaworzyna Krynicka SA, PKL FOOD Sp. z o.o., PKL FOOD Sp. z o.o. sp. k., Tangara IP Sp. z o.o.),
  8. promotional campaigns, by means of which PKL SA sell services,
  9. manage the register of accidents that occurred in organised skiing ares managed by PKL SA (PKL SA obligation based on Article 37 Section 1 of the Act of 18 August 2011 on safety and rescue in the mountains and in organised skiing areas).
  10. Submitting personal data is voluntary, but necessary if the Consumer wants to shop and enter into agreement with PKL SA over the internet.
  11. The personal data of the Consumer are made available to the hosting service provider of the Internet Sales System of PKL SA (https://www.sklep.pkl.pl/), entities handling electronic payments and partners belonging to the PKL. Group to the extent necessary to perform the agreement.
  12. Regardless of the provisions of Section 6 of this article of the Terms and Conditions, PKL SA informs that they transmit the personal data of a Customer that suffered an accident to the Police, prosecutor office, courts and insurance companies in connection with their proceedings.
  13. The Consumer has the right to access, amend (i.e. correct), remove from the database, restrict processing and transfer their data.
  14. The data subject may at any time object to data processing based on legally justified interest of the administrator, unless the personal data administrator proves that there are valid, legally justified grounds for further processing in connection with potential determination, pursuit or defence of claims.
  15. PKL SA informs that resort areas are monitored, including the recording of e.g. the images of the Consumers using slopes, line transport equipment and resort facilities. The purpose of the monitoring is to ensure safety of the Consumers using the station and for protection against theft, breaking-in, property damage, aggressive behaviour etc.
  16. Furthermore, PKL SA informs that pursuant to FIS Rules, if anyone suffered an injury on the slope, every skier and snowboarder, who was a witness or participant of the event, shall provide their personal data according to FIS Rules and based on Article 37 Section 3 of the Act. The above data is necessary for PKL SA to manage the register of accidents, which is also made available to TOPR/GOPR and referred to in Section 4c of this article of the Terms and Conditions, and which PKL SA is obliged to manage.
  17. In addition to the data on the Consumer collected during registration, data is also collected as cookies, used to identify the Consumer and analyse the way, in which they use the Internet Sales System.
  18. The personal data submitted through form is stored until the expiration of potential claims according to the applicable law.
  19. The Connsumer has the right to file a complaint to the President of the Personal Data Protection Office if they consider the processing of their personal data to break the law.

 

Article 10

Final provisions

  1. PKL SA shall not be responsible for email server administrators blocking the transmission of messages to the email address given by the Consumer using the Internet Sales System and for the software installed on the Consumer’s computer deleting and blocking email messages.
  2. PKL SA shall not be responsible for errors in the use of the Internet Sales System by the Consumer resulting from their submission of incorrect data.
  3. PKL SA shall not be responsible for transactions made by unauthorised persons, who obtained access to the Consumer’s account in the Internet Sales System as a results of the Consumer’s failure to take precautions, when handling the login and password to their account.
  4. PKL SA reserves the right to amend these Terms and Conditions. Any amendments to these Terms and Conditions are effective as of the date given by PKL SA, at least 14 days of the date of publishing in the Internet Sales System. The Consumer, who did the shopping (concluded a service agreement with PKL SA) before the effective date of these Terms and Conditions, considers their provisions as binding if the Consumer accepts them according to Section 5 of this article of the Terms and Conditions.
  5. The Agreement between PKL SA and the Consumer, purchased a service before the effective date of these Terms and Conditions, shall be terminated in 14 days of this date, unless the Consumer submits a declaration of consent to continued provision of services under these Terms and Conditions within this period. Also, the agreement with the Consumer shall not be terminated if they use the purchased service after the effective date of these Terms and Conditions.
  6. During the term of the agreement, the Consumer has the right to request confirmation of its content in writing, as well as to request a change of the remote communication means, unless its use is not provided for in the agreement or it does not fit the nature of the service provided by PKL SA.
  7. The Terms and Conditions are effective as of 20 December 2019.

 

 

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