Agreement between the customer and Polrail Service

This web site and accompanying booking service and online store (together, the "Web Site") are offered as a service to you, the customer, by us, Polrail Service Jeffrey Dobek, a sole trader registered in Poland. By using this Web Site you agree to the terms and conditions set out below ("terms"). If you do not agree with these terms, you must not use this Web Site.

If you use this Web Site as a result of an agreement between your employer / firm and us (your "Employer's Agreement") and these terms conflict with the terms of your Employer's Agreement, the terms of your Employer's Agreement will apply instead of these terms to the extent of the conflict. To the extent there is no conflict these terms will continue to apply.

These terms are intended by us to set out the whole agreement between us and you and any prior communications between us are not included in this agreement. We recommend that you read them carefully to protect your own interests. If you do not think they set out the whole agreement between you and us, please make sure you ask for these to be put in writing prior to making any transaction. In that way we can avoid any problems surrounding what you expect us to do. We cannot accept any liability for any reliance placed by you on any statement or representation on this Web Site, whether made by us or a third party, except to the extent a statement or representation on this Web Site is made negligently by us.

About us

Polrail Service Jeffrey Dobek is a company registered in Poland (with company registration number 96619). Our registered office is at: ul. Kujawska 48/33, 85-031 Bydgoszcz, POLAND.

You can contact our customer services department us by using the contact details supplied in the "contact us" link.

Polrail Service and Polrail.com are trading names of Polrail Service Jeffrey Dobek.

Privacy Policy

Your privacy is important to us. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("data protection laws"). You confirm that you will only enter information about yourself and that such information is true.

The details which you provide about yourself and any other information which identifies you ("Personal Information") are held on our computer systems. These details are used for operational purposes, for example producing the tickets and passes or processing payments, and to personalize your shopping experience by using your purchases and browsing activity to make recommendations to you about products and services that we think may be of interest to you.

Credit card payments are handled through a 3rd party payment processing company, Allpay.eu Ltd., 95 Wilton Road Suite 3, London SW1V 1BZ, United Kingdom (http://allpay.eu). We do not retain your credit card or billing account details.

We may pass your Personal Information and payment details to third party service providers (including service providers outside of the European Economic Area) for the purpose of processing a booking, reservation, hotel or travel insurance product. These service providers may include, for example, the train companies with which you will be traveling, hotel operators and travel insurance companies and other third party service providers of the relevant products that you purchase through this Web Site. They will only have access to the Personal Information needed to perform the relevant service and may not use your Personal Information for any other purpose. They will also be required to use your Personal Information strictly in accordance with data protection laws.

We may also pass your Personal Information to any person who takes over our business to use your Personal Information on the same basis as we do, and to legal or regulatory authorities where we are lawfully requested or required to do so.

We may use your Personal Information to contact you (including by phone, fax, e-mail and SMS) about new features, services, products and special offers which we, the train operating companies with whom you have booked a ticket or pass via this Web Site or our selected partners may offer. If you do not wish to receive this information you may choose not to do so by clicking where indicated on the member registration page or by telephoning our customer services department and informing a representative of this. If you initially wish to receive such material but you change your mind later, you may tell us by using the "update your personal details" page, sending us an email to biuro@polrail.com, or informing a customer services representative.

We may use your Personal Information where necessary to defend or establish our legal rights or where otherwise required by law or binding regulation.

Our Web Site uses cookies. Cookies are small pieces of information that are transferred to and stored by your browser on your computer. They allow us to provide features such as special offers, and allow you to store items in your shopping basket between visits.

The use of cookies is common in the computer industry. We use cookies in three ways:

(a) per-session cookie - these are used while you are logged on to the Web Site to help us monitor traffic through the Web Site and do not store any personal information;

(b) auto logon cookie - this stores some personal information in order to allow you to log on automatically; and

(c) "looker" cookie - this stores historic data about your visits to our Web Site and allows us to personalize your shopping experience and make recommendations to you about products and services that we think may be of interest to you.

In no circumstances do we collect any data that is not directly related to the use of the Web Site (so, for example, we do not record other web sites that you have visited).

We work with third parties (Google Adsense and Amazon.com) to serve ads on our Web Site. These ads may contain cookies. This policy only covers the use of cookies by us and does not cover the use of cookies by any advertisers. We do not have control, nor access to the information contained in its advertisers' cookies. To learn more about Google Adsense, including your ability to opt out of setting and/or reading cookies on your computer, go to http://www.google.com/privacy.html. To learn more about Amazon.com, including their use of cookies on your computer, go to http://www.amazon.com/exec/obidos/tg/browse/-/468496/104-2571328-6919939.

With most web browsers it is possible to configure your Internet browser so that it can refuse new cookies, prompt you to accept a cookie or disable cookies altogether. How you do this will depend on the Internet browser you use (for example Internet Explorer, Netscape, Safari etc). Be advised that, by refusing to accept our cookies our Web Site will not operate correctly. For further details on cookies we recommend that you visit www.allaboutcookies.org.

If you have a dispute regarding the use and storage of your Personal Information by us or you have any comments or questions on our privacy policy please contact us by e-mail at biuro@polrail.com.

If you would like details of the Personal Information we store about you, please write to us.

Conditions of Use

You may only use this Web Site on a personal basis in accordance with these terms or, if applicable, under the terms of your Employer's Agreement as described above in the second paragraph of these terms. Except where allowed under these terms or your Employer's Agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Web Site.

You may not use this Web Site for any purpose that is unlawful.

If you do not comply, or if we reasonably suspect that you are not complying, with these terms, we may block your access (either temporarily or permanently) to the Web Site.

Registered users

If you register your details with us using our Web Site registration process, we will send you your registered account details (including your password) on completion of the registration process.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your password or account (including where your account is used by another person), unless these activities arise due to our negligence or a breach of these terms by us.

Copyright, Trademark and Intellectual Property Rights Notices

The "polrail.com" and "Polrail Service" logos are registered trademarks owned by us. Other product and company names featuring in the Web Site may be the trademarks of their respective owners.

All contents of this Web Site, including any software, are protected by copyright, database right and other intellectual property rights. You may not reproduce any part of the Web Site in any form unless we agree in writing in advance, except as necessary to use the Web Site in accordance with these terms or to keep a record of a transaction between you and us. You may not create a hypertext link to the Web Site or "frame" the Web Site unless we agree in writing in advance.

Liability Disclaimer

We take measures to check the accuracy of information published in this Web Site. However, we cannot guarantee that our or any third party's information on this Web Site will be error-free and it may include inaccuracies or typographical errors. If you believe that you have noticed an error, please write to us.

We take measures to keep this Web Site free from computer viruses and other malicious programs. However, we cannot accept responsibility for any computer viruses or other malicious programs which are transmitted to your computer as a result of your use of this Web Site or a third party web site, unless this was due to our negligence or a breach of these terms by us.

We cannot guarantee the availability of this Web Site. As with any service over the Internet there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the Web Site offline where we consider that this is necessary for routine or emergency maintenance without liability to you.

We will use reasonable care and skill to carry out the services contained in this Web Site and do so within a reasonable time, in accordance with these terms. We do not make any other promises and no other promises shall apply about the information, products, and/or services contained on this Web Site.

Where you are an individual using this Web Site for your own personal purposes and not in the course of a business, and if we fail to deliver any tickets or passes to you for any reason within our control within a reasonable time prior to your departure time (in accordance with our shipping policies), any reimbursement made by us of the costs of a replacement ticket or pass or an alternative journey by train shall be no more than the cost of the nearest equivalent ticket or pass purchased on the train or at the station.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage, or that are not reasonable or foreseeable by you and us (such as loss of profits or loss of opportunity), even if we are made aware of the possibility of such losses. Our liability shall not, in any event, include losses related to any business of yours, such as lost data, lost profits or business interruption.

Where you are using this website in the course of a business, we will be liable for any reasonable and foreseeable direct costs you incur which are caused as a result of our negligence or a breach of these terms up to a limit of the value of the relevant ticket(s) or pass(es) purchased by you, which costs could not have been reduced or avoided by you taking reasonable steps. We will in no circumstances pay or be responsible for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, or consequential loss arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, products, and services obtained through this Web Site, or otherwise arising out of the use of this Web Site.

We will not be responsible or pay for any other losses or damage.

Nothing in these terms limits our liability for death or personal injury directly caused by us.

All third party suppliers of products, services or content through which we link to from this Web Site (which may include our selected partners such as providers of hotels, travel insurance companies and car hire companies) are independent entities and we are not responsible or liable for any wrongful act or omission on their part or for any of the content of their web sites, including but not limited to any product liability claims.

Use of ticket and pass booking

The Web Site is designed to provide you with travel information, to assist you in determining the availability of travel-related goods and services and to make travel reservations or other travel-related purchases. You agree that you will only use the travel information facilities of this Web Site to find out information for yourself or for another person who intends to use or make use of this Web Site to purchase travel services.

You confirm that you are at least 18 years old and have authority to use the credit card or billing account details you provide for the purpose of settling any payments you owe to us. You also promise that all information supplied by you in using this Web Site is accurate and that you will not make any speculative, false or fraudulent reservations. You further promise that you will only use the travel services reservations and ticket and pass purchase facilities of this Web Site to make reservations or purchases for yourself or for another person on whose behalf you are legally entitled to act.

We shall not be obliged to sell tickets or passes to or reserve a seat for, a person or persons who we have reason to believe may be intending to use it, or the proposed method of payment, fraudulently.

You acknowledge that you will be financially responsible for any bookings which are made through the Web Site using your account details and for all reasonable and foreseeable losses which we suffer as a result of your breach of these terms or negligence when using this Web Site (including where you deliberately or negligently let others use your account).

Bookings

All bookings made through this Web Site are subject to any specific restrictions which vary by ticket and pass type and the regulations of the Polish State Railways (PKP) and its subsidiaries (Grupa PKP) (as updated from time to time), which we strongly recommend that you read. Some of these conditions may be found at http://www.pr.pkp.pl/code/glowna.php?ID=600&wersja=pol&nav=B.

Issue of tickets and passes

When we have confirmed your booking by email to your registered email address, we will send your tickets or passes to you using the method you selected when you made your booking. You must allow sufficient time for shipping when you place your order. Shipping times given on our web site are estimates based on past experience, but are not guaranteed actual shipping times. If in doubt, please contact us. Polrail Service will not be responsible for delays or losses which occur after we deliver your order to the delivery service.

We make every effort to issue and ship your tickets or passes within three business days of receiving your order and payment. In a case we cannot do so, we will contact you at the e-mail address you provided.

Please check your tickets or passes when you receive them. If you believe that the tickets or passes we have sent you do not match the information provided you at the time of booking through our Web Site, please contact us immediately. Please note that we are not an operator of railway services or, except for telephone and online information and ticket and pass booking services, of any railway facility.

Changes, cancellations and refunds

Once you have placed an order, we cannot change the date and time of your ticket or pass. You may have options for making changes, depending on the type of ticket or pass and availability of alternatives, and the time available before the validity of the ticket begins, by presenting the ticket at a ticket office of the issuing train company. Additionally, depending on the individual terms and conditions applicable to your ticket or pass (set by the train company with which you would be traveling), exchange may not be possible.

We shall not be obliged to change, cancel, replace or refund a ticket or pass where we have reason to believe that it is being done so fraudulently. If you think that we have sent you a wrong ticket or pass, you may be able to get a refund. You must contact us immediately via e-mail or telephone for instructions. The unused ticket or pass must then be returned to our office via postal mail or courier, and it must be received before the first date of validity of the ticket or pass.

Use of tickets and passes-Conditions of Carriage

The Polish State Railways (Grupa PKP) Conditions of Carriage apply to all rail travel in Poland.

These contain limits and exclusions relating to the liability of the train companies in respect of loss caused by the delay and/or cancellation of any train, by any missed connection or by the closure of the railway as well as in respect of loss or damage to, and delay in the delivery of luggage and its contents.

If you cannot produce a valid ticket or pass for the class of accommodation and service that you are using you will have to pay the appropriate fare and a penalty fee may also be payable.

General

We may change these terms from time to time. However, any changes will not affect existing terms accepted by you when making a reservation or purchase through this Web Site.

If any of these terms are found to be invalid by a court or at law then the remainder of these terms shall continue to apply to the extent that they still make sense without the unenforceable term(s).

You or, where you are using this Web Site under the terms of your Employer's Agreement, your employer/firm will be responsible for all charges and taxes payable as a result of your use of this Web Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this Web Site.

Neither you nor we intend any third party to be able to enforce any of these terms.

This Web Site provides details of trains and fares which represent the fastest journey times on the date and at the times selected. In some cases there may be cheaper fares available on other operators' routes or at off-peak times. Contact us for further details.

This agreement is governed by the laws of the Republic of Poland. Any dispute between you and us in relation to this Web Site and/or these terms will be referred to the Polish courts. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms.