Section I
Common Provisions
§1 Definitions
Key terms used throughout this document
- Regulations
- The regulations defining the rules of using the Service and the rules of providing Services by IVS through it.
- The Service
- The website with address COMFORTPASS.TRAVEL through which IVS operates to provide the Services.
- Services
- Services provided by IVS involve supporting passengers in connection with departure, arrival, and further travel from the airport.
- Agreement
- The agreement for provision of Services concluded between IVS and the User through The Service.
- Personal data
- Information about an identified or identifiable natural person ("the data subject"); an identifiable natural person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as name, identification number, location data, internet identifier or one or more specific factors determining physical, physiological, genetic, psychological, economic, cultural or social identity of a natural person; for the purposes of the Regulations, the term personal data also includes data carriers such as documents and photographs.
- User
- A natural person with full legal capacity who, through the form available on The Service, concludes an agreement for provision of Services.
- IVS
- IVS spółka z ograniczoną odpowiedzialnością spółka komandytowa (LLC LLP) with its registered office in Katowice, ul. Graniczna 29, 40-017 Katowice, NIP: 9542766476, REGON: 364718356, entered by the Katowice-Wschód District Court in Katowice, 8th Commercial Division, under the number KRS 0000623079.
- GDPR
- Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 relating to protection of natural persons with regard to the processing of personal data and rules relating to free flow of personal data and repealing of the Directive 95/46/EC (general regulation on data protection).
- Profiling
- Any form of automated processing of personal data, which means the use of personal data to assess some of the personal constituents of a natural person, in particular to analyse or forecast aspects related to the effects of the work of that person, its economic situation, health, personal preferences, interests, credibility, behaviour, location or movement.
- Consumer
- A natural person who performs a legal transaction with the entrepreneur which is not related directly to their business or professional activity.
§2 Performance of the Agreement
How services are booked and agreements concluded
1. By using the Service, the User enters into an Agreement with IVS and undertakes to pay remuneration to IVS. Through the Service, the User has the possibility to reserve services:
- a) Business Lounge – reservation related to Business Lounge lounges located at airports in the selected destination,
- b) Fast Track – reservations related to priority passage through baggage check and security control at airports in the selected destination,
- c) Other services whose availability is possible at the airport in the selected destination.
2. After selecting the airport for the relevant destination in the Service, the User has the opportunity to familiarize themselves with the range of services provided at that specific destination. Due to significant differences in the scope of services provided between individual airports in different destinations, the User is obliged to carefully review IVS's offer and the type and scope of services offered at a given destination.
3. IVS provides services in accordance with local regulations, as well as organizational and security regulations applicable at the airport in the given destination.
4. The User enters into an Agreement by completing the registration form on the Service and making payment of remuneration to IVS. Payment is considered made when the money transfer is credited to the IVS bank account. The User makes a payment by traditional bank transfer, credit card, or using electronic payment services.
5. When completing the registration form, the User is obliged to provide all data required in the form. The provided data should be true, current, and correct. To verify the User's data, IVS may contact the User by email or at the telephone number provided by the User. IVS also reserves the right to request the User to supplement personal data, provide additional information, or submit relevant documents.
6. The condition for the conclusion of the Agreement between IVS and the User is the payment of remuneration by the User to IVS. After the conclusion of the Agreement, IVS sends confirmation of the conclusion of the Agreement along with a specification of its terms to the User's email address.
7. By entering into an Agreement with IVS, the User declares that:
- a) the data provided in the form are complete, true, current, and free of errors and other typos;
- b) the User is entitled to use the indicated data, and providing the data by the User does not violate the rights of third parties;
- c) the User is familiar with the amount of the remuneration due to IVS and accepts it;
- d) the User is aware that providing false, incorrect, or outdated data may result in the User being unable to use the services;
- e) the User has read the Regulations and consents to the content of all its provisions;
- f) the User is aware that after fulfilling the service provided under the Service Agreement by IVS, the User loses the right to withdraw from the Agreement;
- g) the User has voluntarily entered into an Agreement with IVS by using the Service;
- h) they have acquainted themselves with the information clause described in detail in §4 of the Regulations, specifying the principles of data processing by IVS.
8. Acceptance of the Regulations by the User constitutes the User's statement that the User has read the terms and conditions of using the Service.
9. Immediately after receiving the payment made by the User, IVS sends the User, by electronic means to the email address provided by the User in the registration form, confirmation of the conclusion of the Agreement.
10. Using the Website, as well as the digital content and services provided by it, by a user requires the User to have a device with Internet access and an up-to-date web browser, moreover, the User should have a registered email address, as well as software that allows opening files in PDF format.
§3 IVS Responsibility
Scope and limitations of liability
1. IVS, ensuring the correctness and continuity of the Service's operation, conducts continuous technical supervision of its functioning.
2. IVS is responsible for the operation of the Service's subpages or their content.
3. IVS shall not be liable, among other things, for:
- a) the consequences of the User providing data in the registration form that is inconsistent with the actual state, outdated, or incomplete; furthermore, the Service Provider is not responsible for the consequences of the User's failure to update or correct the data;
- b) damages resulting from the User's violation of the rights of third parties that result from the use of the website;
- c) damages caused by disruptions, interruptions, or unavailability of the Service due to force majeure;
- d) damages caused or resulting from non-compliance with the rules of the Regulations;
- e) damages resulting from the defectiveness or incompatibility of the device used by the User, to the extent that the User has been informed about the technical conditions of access to the Website or the content available through it.
4. IVS informs that it is not responsible for the decisions of authorities and entities managing airports in the relevant destinations, as well as for limitations in the provision of services arising from local regulations and organizational and security regulations at the airport in a given destination, provided that the inability to provide services or limitations in the provision of services result from circumstances beyond the control of IVS.
5. The exclusion of IVS's liability for damages specified in the Regulations occurs within the scope and in accordance with the provisions of the Act of April 23, 1964, the Civil Code (Journal of Laws of 2023, item 1610 with further amendments), and the provisions of Chapter 3 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344, with further amendments).
§4 Information Clause – Protection of Personal Data
GDPR compliance and data processing rules
To comply with the obligations arising from the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 on protection of natural persons in relation to the processing of personal data and on free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation) hereinafter referred to as GDPR, IVS informs about the processing of the client's personal data and the rights the client is entitled to. The following rules are applicable as of May 25th, 2018.
The Controller of Personal Data
IVS Limited Liability Company Limited Partnership with the registered office in Katowice, ul. Graniczna 29 (29 Graniczna St.), 40-017 Katowice, NIP: 9542766476, REGON: 364718356, entered by the Katowice-Wschód District Court in Katowice, 8th Commercial Division, under KRS number 0000623079 is the controller of the personal data.
Data Protection Officer
The data protection officer at IVS can be contacted by email sent to the address: dataprotection@ivs.travel
Purpose and Legal Basis of Data Processing
IVS processes personal data for the purpose of executing a contract to which the person whose data are processed is a party, or to take actions at the request of the data subject before concluding the contract (Article 6 par. 1 letter b of the GDPR).
In certain situations, IVS may process personal data based on legitimate interests (Article 6 par. 1 letter f of the GDPR), in particular for:
- –marketing of products and services of IVS;
- –monitoring and improvement of the quality of services, including monitoring of telephone conversations and meetings, carrying out customer satisfaction surveys;
- –if applicable, the conduct of disputable proceedings and proceedings before public authorities, including carrying on enquiry and defence against claims;
- –improving the quality of services, which includes examining traffic on the website and profiling.
We do not process sensitive personal data.
Recipients of Data
IVS discloses or may disclose personal data to: public authorities; entities participating in contract execution (banks, payment processors); entities supporting IVS in business processes including hosting companies, legal and accounting services, and external entities carrying out activities necessary to conclude the contract.
Time of Data Processing
Personal data are processed for the time necessary to fully execute the Agreement and conclude the Service. After that period, IVS may process data for up to 7 years since their collection, or as specified by law. Insensitive data processed on the basis of separate consent shall be kept until the consent is withdrawn.
Rights of Data Subjects
IVS guarantees all clients exercise of the data subject rights granted by the GDPR, including in particular:
- 1. The right to access the personal data;
- 2. The right to request correction of incorrect personal data and supplementing of incomplete data;
- 3. The right to request erasure of the personal data ("the right to be forgotten");
- 4. The right to request restriction of processing of the personal data;
- 5. The right to transfer personal data;
- 6. The right to object to the processing of personal data.
Withdrawal of Consent
To the extent of the client's consent to processing of their personal data, the client is entitled to withdraw the consent at any time. The withdrawal takes place without affecting the legality of the processing which was carried out on the basis of the consent prior to its withdrawal.
Right to Lodge a Complaint with the Supervisory Authority
In any situation, when the client considers that IVS processes personal data contrary to the provisions of the GDPR, the client has the right to lodge a complaint with the appropriate supervisory authority.
Transfer of Personal Data Outside the EEA
IVS may transfer personal data to international organizations and countries outside the European Economic Area. The transfer of data takes place on the basis of standard contractual clauses agreed with the recipient, the content of which has been adopted by the European Commission. The client has the right to obtain a copy of the data transferred by IVS.
Obligation to Provide Personal Data
Providing personal data is entirely voluntary. Providing data is a condition for concluding the agreement with IVS or it is necessary to achieve the objectives arising from the legitimate interests of IVS. Failure to provide all the data will prevent conclusion and execution of the indicated contract.
§6 Withdrawal from the Agreement
Consumer right to cancel
14-day withdrawal right: The user, being a consumer, who has concluded an Agreement with IVS for provision of services may withdraw from it within 14 days without giving any reason and without incurring costs.
If the User withdraws from the Agreement, it is considered void.
If the User made a statement on withdrawal from the Agreement before IVS accepted the User's offer, the offer ceases to be binding.
The period of withdrawal from the Agreement starts from the date of executing the Agreement, and in other cases from the date of conclusion of the Agreement.
The User may withdraw from the Agreement by submitting a statement of withdrawal to IVS. See Annex No. 1 for a template (not mandatory).
To meet the deadline, it is enough to send a statement before the expiry date by post to IVS's address or by e-mail to: support@comfortpass.travel
IVS confirms receiving the withdrawal from the Agreement by an e-mail sent to the User.
IVS shall immediately, but not later than within 14 days from the date of receiving the withdrawal statement, return the User all payments made by them, including the costs of delivery.
IVS returns the payment using the same method of payment as the one used by the User, unless the User has explicitly agreed to a different method of return.
§7 Invoices
Electronic invoicing
1. At the User's request, IVS issues an invoice in connection with the performance of the Agreement and sends it to the e-mail address indicated by the User.
2. The User declares to agree to issuing an electronic invoice by IVS in accordance with art. 106n par. 1 of the Act of 11th March 2004 on Value Added Tax (Journal of Laws of 2023, position 1670, with further amendments).
§8 Complaints and Final Provisions
How to submit a complaint and governing law
1. Complaints may be submitted by:
- a) Post: IVS spółka z ograniczoną odpowiedzialnością spółka komandytowa, ul. Graniczna 29, 40-017 Katowice, Polska
- b) Email: support@comfortpass.travel
- c) Phone: +44 2031 293 603
2. IVS deals with the complaint within 14 days since its delivery and sends the response to the address of the sender. IVS reserves the right to request clarification from the person lodging the complaint, which may extend the deadline accordingly.
3. IVS is entitled to change the Regulations for important reasons at any time, in particular when changes are due to technical or legal reasons. Changes come into force within 14 days from the date of posting the information on the Service.
4. Polish law is the law applicable to relations arising from the Agreement. Disputes arising from the Agreement are subject to the jurisdiction of Polish common courts. The choice of Polish law does not exclude the protection granted to Users by mandatory provisions in the country where the User has their habitual residence.
5. The Users who are consumers may try to reach out-of-court resolution of any IVS disputes before the Permanent Consumer Mediation Court at the Provincial Inspector of Trade Inspection in Katowice.
6. Consumer disputes regarding services provided online within the European Union may also be resolved through the ODR platform at ec.europa.eu/consumers/odr.
A1 Annex No. 1 — Withdrawal Form Template
Use this form only if you wish to withdraw from the agreement
(This form should be filled in and returned only if you wish to withdraw from the agreement)
(date)
(Name and Surname of the User)
(Address of the User)
Date of conclusion of the contract: ………………………
Statement of withdrawal
I hereby withdraw from the service agreement concluded with IVS on the date …………………
Signature of the User (only if the form is sent in paper version)
Send by email to: support@comfortpass.travel or post to: IVS sp. z o.o. sp.k., ul. Graniczna 29, 40-017 Katowice, Poland