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Order – submitted by the User via FRU.PL Site or via FRU.PL Booking Center and individually chosen by the User:
After choosing by the User of appropriate parameters of the services interesting for the User, they receive Order Confirmation. Order Confirmation does not guarantee the User the possibility to buy out a given service at the price determined in the Purchase Order, but the possibility to use a given service occurs only after the issuance of e-Ticket/Voucher.
FRU.PL informs that conducting the procedure of Air Transport Service (Other Service) Order and then sending the Confirmation of Air Transport Service (Other Service) Order is not tantamount to the purchase of Air Transport Service (Other Service). The moment in which the purchase of Air Transport Service (Other Service) occurs is issuance of e-Ticket/Voucher.
So as long as the User does not receive from FRU.PL the e-Ticket/Voucher issued by the Carrier/Supplier, the User should take into account the risk that the sale of Air Transport Service (Other Service) is not successfully completed, even after receipt of Confirmation of Air Transport Service (Other Service) Order or after making payment for such service.
FRU.PL recommends that by the time of receipt of e-Ticket/Voucher, the User does not incur any costs connected with planned travel based on the parameters indicated in the Confirmation of Air Transport Service (Other Service) Order.
The User (subject to paragraph 4 above) may choose the following forms of payment:
CARD PAYMENT
CANCELLATION OF THE ORDER/e-TICKET
The list of FRU.PL Service Fees on account of cancellation/change of terms and conditions of the concluded agreements are shown in the Attachment no.1 to these Regulations.
Due to the fact that the User and the Carrier/Supplier are the parties to the agreements connecting the User with the Carriers/Suppliers, in each case withdrawal from the agreement occurs according to terms and conditions indicated by this entity.
What is the FAST REFUND additional service?
The FAST REFUND service applies when your trip undergoes changes or flight cancellations due to the decision of the airlines. In this situation, we notify you as soon as possible and offer you either assistance for the continuation of the trip or we will refund you the cost of the plane ticket from our own sources in maximum 3 working days in the form of cash or voucher.
How much money do I get back if I purchased FAST REFUND?
The amount eligible for the refund, confirmed by the airline for the plane ticket plus for luggage, preferential seats on the plane, check-in fee will be refunded to you. Remember! When you use the FAST REFUND service for reimbursement by FRU.PL, you assign your claims against the airline to FRU.PL (you grant FRU.PL authorisation to act on your behalf in order to pursue your claims against the airline).
If only a segment flight itinerary is cancelled how much money do I get back?
If the Order consists of several flight segments, only the value of the segments that have been affected by a flight cancellation or modification will be refunded and the cash refund option is offered by the airline.
How soon do I get my money back?
If you have purchased the FAST REFUND service, you will not have to wait the usual long time for the refund solution from the airlines (on average 30-60 days). If your flight is affected by changes or is cancelled, we will refund you from our own sources (in exchange for either assigning a claim against the airline or granting authority to act on your behalf to settle the claim) within a maximum of 3 working days in the form of cash or voucher.
What flights does FAST REFUND apply to?
All situations in which the airline allows the refund of tickets (cancellations, airport changes, flight schedule changes that affect the initially booked flight segment by more than 5 hours) are eligible for FAST REFUND. The FAST REFUND will be offered at the discretion of FRU with regard to the which airlines will be offered or not. In this latter case, the refund procedure is the standard one made available by the airline
Is the cost of the FAST REFUND service refundable?
If you purchased the FAST REFUND service, its cost is non-refundable, unless this service becomes inapplicable.
REMEMBER
FAST REFUND service is not an insurance. The use of this service is subject to the conditions specified in these regulations, and the support you receive as part of this service depends on your preferences and the possibilities available within the services of a given airline. Moreover, a prerequisite for obtaining a refund from FRU.PL is the assignment of claims to which you are entitled against the airline, or the granting of authorisation to act on your behalf in order to pursue claims against the airline
Terms and Conditions applicable to the FAST REFUND Service
Definitions:
FRU.pl - FRU.PL S.A. with its registered office in Kraków, Al. 29 Listopada 85, 31-406 Kraków, entered into the Register o Entrepreneurs of National Court Register, kept by the District Court for Kraków-Śródmieście in Kraków, 11th Economic Division of National Court Register, under the KRS number: 000030887, tax identification number: 5272579301, statistical number: 141451213, with a fully paid share capital of PLN 6 900 000.00;
Cancelled Flight - is the situation in which the airline does not perform a previously scheduled (purchased through FRU.pl) flight; Modified Flight - the situation in which the airline decides to change the flight schedule (in which case the day, time of departure of the flight are affected by more than five hours) or the previously scheduled flight itinerary (in which case the airport of departure/arrival is/are modified) that were purchased through FRU.p
Voucher - an electronic document (with the value indicated in PLN) that allows the user to use the Voucher to purchase air transport services offered by FRU.PL when using the Voucher.
WHAT IS FRU.PL FAST REFUND SERVICE?
21.1. FRU.pl provides you with the FRU.pl website (the “Site”) which offers you the possibility to search and check availability for the purchase of airline tickets for flights operated by airlines, as well as for related services. FRU.pl offers you The support services FRU.PL FAST REFUND service (hereinafter referred to as "FAST REFUND") which is available for eligible flights for which you purchased airline tickets through FRU.pl.
21.2. Through the FAST REFUND service, FRU.pl offers assistance in case the Order is affected by one of the following situations: (i) cancellation of certain flight segments or of all flight segments within the itinerary ("Cancelled Flight") or (ii) the modification of the flight schedule or itinerary ("Modified Flight") by the airline, both situations referred to separately or together hereinafter "Event".
21.3. In case of an Event, FRU.pl offers assistance in identifying an alternative for continuing the trip or in refunding the cost of the affected flight segments in the form of Vouchers or cash, subject to the condition that the refund of the cost is confirmed by the airline
21.4. As a result, with FAST REFUND your money will not remain blocked at the airline and you can quickly receive a refund if you want to buy another plane ticket or if you no longer want to travel.
WHEN IS THE FAST REFUND SERVICE APPLICABLE?
21.5. The FAST REFUND service is applicable if your flight purchased through FRU.pl, for which you also purchased the FAST REFUND service, is a Cancelled Flight or is a Modified Flight for reasons that cannot be controlled by FRU.pl.
21.6. FAST REFUND is a related service offered by FRU.pl applicable only in the cases of Cancelled Flight/Modified Flight in which the airline that cancelled/modified the flight has the legal obligation under Regulation (EC) no. 261/2004 to offer travel alternatives and/or to refund the cost of the plane ticket in cash, and the refund of the cost is confirmed by the airline. It should be noted that the legal obligation to reimburse the cost of the ticket related to a Cancelled Flight/Modified Flight stays, in all cases, with the airline that cancelled or modified the flight.
21.7. In principle, FRU.pl will notify you as soon as possible about the Event that affects your trip and will offer assistance for booking of an alternative flight, if such was provided free of charge by the airline or, in the case in which you no longer want to travel or the alternative provided by the airline for free does not suit you, FRU.pl will refund you for the value of the flight segment(s) affected by cancellation or modification and is/are eligible for refund in maximum 3 working days, in the form of a Voucher or cash. The prerequisite for the provision of FAST REFUND support services in the scope of reimbursement is the assignment to FRU.PL of the rights to pursue claims related to the cancelled/modified flight (or, alternatively, the authorisation to pursue claims from the airline). In such a case, FRU.PL shall file such claims in order to recover in its favour the funds it has allocated to provide you with support in connection with the Flight Cancellation/Modification.
21.8. If you are informed/notified about the intervention of a direct Event by the airline, without being notified in advance by FRU.pl and you have purchased the FAST REFUND service, you must inform us about such a situation, without unjustified delays, through the communication channels provided by FRU.pl at your disposal.
WHAT DOES FRU.PL OFFER THROUGH FAST REFUND?
21.9. Within the FAST REFUND service, we will offer you the following solutions from which you can select only one, depending on your preferences:
21.9.1 ASSISTANCE
21.9.1.1 If you accept the free alternative offered by the airline to continue the journey, we offer you assistance for issuing the ticket on the new flight, without additional costs.
21.9.2 REFUND BY VOUCHER OR CASH
21.9.2.1 If you refuse the alternatives offered by the airlines and you want to continue your journey by purchasing a new plane ticket, and the airline confirms the eligibility for refund for the Cancelled Flight/Modified Flight, FRU.pl offers you the following alternatives, of which you can select only one, depending on your preferences:
21.9.2.1.1 FRU.PL VOUCHER REFUND: If you want to continue your journey, FRU.pl will issue a Voucher, which can be used to purchase any other flight on the FRU.pl Site, having the following characteristics:
(i) the equivalent to the amount confirmed by the airline as eligible for refund;
(ii) with a validity date of 24 months, calculated from the date of making the Voucher available to the User;
(iii) intended for use through FRU.PL, for any air transportation services available on FRU.PL, operated by any airline;
(iv) which can be used for several Order through FRU.PL (at a given time or during the validity period of the Voucher), but in each case up to the value of the Voucher, which will be reduced each time with the value of the services for which it was used.
21.9.2.1.2 The Voucher can be used only through FRU.PL by entering the Voucher code number during the booking process on www.FRU.pl.
21.9.2.1.3 If, in accordance with these Terms and Conditions, you are granted a Voucher, it will be provided, under the conditions set out herein, without undue delay within 24-48 hours, but not later than 3 working days from the date of that you exercised the option for this form of refund.
21.9.2.1.4 The voucher is not refundable and the User does not have the possibility to receive its value in money or to replace it with other vouchers. The Voucher may be transferred by the User in part or in full to a third party, provided that at the time of using the Voucher on the FRU.pl Site the Voucher is validated with the e-mail address to which it was sent to the User.
21.9.2.1.5 Each Voucher has a unique code, and the User should ensure that this code is protected against access by third parties.
21.9.2.1.6 If the full amount indicated on the Voucher is not used, the remaining unused amount will not be refunded when the Voucher expires and will not be converted into another voucher. If the value of the placed orders is higher than the value of the Voucher, the User is obliged to pay the difference.
21.9.2.1.7. At the time you use the Voucher and its value corresponds to the value of the ticket/tickets you want to purchase; the User will be obliged to pay 1 EUR/PLN with the card to validate the payment with the Voucher and to issue the ticket/tickets. The requirement to make a payment in the above-mentioned amount is related to technological limitations on which the possibility of starting the ticket/ticket purchase process depends.
21.9.2.1.8 The Voucher is issued in PLN, and if the amount to be refunded confirmed by the airline is in a currency other than PLN, the average exchange rate of this currency indicated by the National Bank of Poland in Table A from the day preceding the date of issue of the Voucher shall be applied.
21.9.2.1.9 FRU.PL will not be held responsible for the use of the Voucher contrary to its purpose.
21.9.2.1.10 FRU.PL will not be held liable in case of loss of the unique Voucher code by the User, or in case a third party uses the Voucher or the Voucher code mentioned above, due to the negligence of the User.
21.9.2.2 CASH REFUND: If you do not wish to continue your journey, we may refund you in cash the equivalent amount of the amount confirmed by the airline as eligible for refund.
21.9.2.2.1 If you choose, in accordance with these Terms and Conditions, to receive a cash refund of the ticket price for a flight affected by an Event, the relevant amount will be refunded using the same payment method as the one you used to pay us the full price (for example, if you paid for the Order by payment card, the refund will be refunded to the account associated with the respective payment card) or by bank transfer to a bank account that you will indicate to us, under the conditions established here, without unjustified delays, in maximum 3 working days from the date on which you exercised the option for this form of refund.
21.9.2.4. If you have paid for the booking affected by an Event using several payment methods (for example, with FRU Voucher and for the difference with the card) the refund will be ensured by both payment methods in an appropriate proportion.
LIMITATIONS OF THE FAST REFUND SERVICE
21.10. The solutions described above in point 21.9.1. and 21.9.2. are offered by FRU.pl within the FAST REFUND service, subject to the fulfilment of the following cumulative conditions:
21.11 Flight tickets for flights affected by an Event are purchased for a flight offered through FRU.pl.
21.12. The FAST REFUND must be purchased on the moment of the acquisition of the flight ticket.
21.13. If you make changes to the flight itinerary, booked through us, without our assistance, but directly with the airline that was supposed to operate the flight, without our prior approval, the FAST REFUND service is void and therefore you will not be entitled to none of the solutions indicated in point 21.9.1. or 21.9.2.
21.14. The cash refund option within the FAST REFUND service will no longer be available if we do not receive an e-mail reply regarding one of the options mentioned under items 20.9.1. or 20.9.2 above with at least 48 hours prior to the scheduled date of the Cancelled Flight/Modified Flight or within the deadline provided by the airline as the deadline for submitting the cash reimbursement application.
21.15. Remember. By choosing the FAST REFUND service, you acknowledge and accept that in the case FRU.PL makes a refund (by issuing a Travel Voucher / cash refund), you assign to FRU.PL the right to claim against the airline for a refund of funds related to the cancelled/modified flight. By doing so, you agree not to assert such claims against the airline without FRU.PL.
WHEN IS THE FAST REFUND SERVICE NOT APPLICABLE?
21.16. Please note that the FAST REFUND service is not applicable in any of the following situations:
The User/Passenger voluntarily cancelled the Trip or modified the Trip without the consent/approval of FRU.pl;
21.16.1. The User/Passenger voluntarily cancelled the Trip or modified the Trip without the consent/approval of FRU.pl;
21.16.2. The User/Passenger is refused boarding for any reason, including if he has not fulfilled the minimum and necessary duties related to the possession of travel documents required by each governmental authority, including visas, COVID tests, evidence of vaccination, notarial powers of attorney for minors, certifications for transported objects, as well as other necessary documents and as a consequence he/she was denied boarding;
21.16.3. The User/Passenger has not fulfilled his obligation to check the status of the flight before departure and to identify any changes in the flight schedule (s), as well as to inform FRU.pl, as soon as possible, with regarding the modifications and its option in connection with the alternatives offered by the airline;
21.16.4. The User/Passenger has modified the initial details of the Trip or the contact details directly with the airlines, without the prior notification and approval of FRU.pl, in which case the FAST REFUND service is automatically cancelled/invalidated;
21.16.5. The flight for which you purchased the FAST REFUND service is affected by an Event due to the insolvency/bankruptcy/preventive concordat/reorganization/restructuring of the airline.
21.16.6. The flight for which you purchased the FAST REFUND service is affected by an Event that is part of a massive cancellation (due to any reason) representing a percentage of 30% or more of all selected airline flights, in a certain period of time, or of any other effect that significantly restricts or determines the inoperability of the selected airline. Please note that, in these cases,
21.16.7. The airline's reimbursement policy deviates from the standard one and is modified after the completion of the FAST REFUND service acquisition process, in a way in which the airline no longer grants cash reimbursements for the cost of flights affected by an Event or imposes long periods waiting for cash reimbursement of the cost of tickets related to flights affected by an Event or in any other similar situations.
21.17. In all cases where you have purchased FAST REFUND and this service becomes inapplicable, FRU.pl will refund the fee paid for this service.
WHEN CAN THE FAST REFUND SERVICE BE PURCHASED?
21.18. You can purchase the FAST REFUND service when you book your plane trip through FRU.pl at the time of purchasing the ticket/tickets.
WHAT IS THE COST OF THE FAST REFUND SERVICE?
21.19. The FAST REFUND service is offered by FRU.pl, in exchange for an additional fee, calculated as a percentage, e.g. ranging between 10% - 20% of the value of the purchase of plane tickets, its value being presented in the range between 10%-20% on the Site at the time of purchase.
WHAT IS NOT COVERED IN THE FAST REFUND SERVICE?
21.20. The FAST REFUND service does not cover any additional travel expenses incurred, paid either to FRU.pl or directly to the airline/other service providers (e.g. without this enumeration being a limited to: medical/travel insurance, etc.) and/or other compensation you should claim from the airline.
UNDER WHAT CONDITIONS IS THE TRANSFER OF RIGHTS CARRIED OUT?
21.21. By purchasing the FAST REFUND service you expressly accept the present Terms and Conditions, the General Terms and Conditions of FRU.pl, the Regulations of the Airlines and the Regulations of other Tourist Service Providers and you expressly and exclusively assign us the right to start, obtain on behalf of all Passengers mentioned on a Booking and withhold refunds made by the airline for flights affected by an Event.
21.22. By accepting these Terms and Conditions, the User/Passengers declares that:
21.22.1. has not/will not request/will request the refund of the ticket price from another entity, including the airline, regardless of the option chosen mentioned at 21.9.1. or 21.9.2.
21.22.2. authorizes FRU.PL to take any steps in the name and on behalf of the User/Passengers to submit a complaint/request to the airline, which is liable for the cancelling the flight/modification of the flight schedule
21.22.3. authorizes FRU.PL to represent the User/Passengers in the complaint procedure before the airline or any other entity, including taking all decisions on behalf of the User/Passengers, to obtain refund of the cost of the airline ticket, regardless of the option chosen by the User/ Passengers to benefit from the FAST REFUND service. The User/Passengers also declare that the authorization mentioned above has also been confirmed by all persons indicated by name on the respective airline tickets and also that they/he/she expressly waive(s) any type of pecuniary or nonpecuniary claims/actions or of other another nature, which may intervene as a result of any of the accepted options, against FRU.pl.
21.23. The acceptance of any alternative (e.g. assistance, Voucher or cash refund) by the User will also be considered as consent and acceptance by the User of these Terms and Conditions and, consequently, the User agrees not to request receive refund of the cost of the plane ticket, directly/indirectly, on any basis, from the airline or from any other entity. By accepting these Terms and Conditions, the User undertakes to inform the persons indicated by name on the individual airline tickets about the content of these Terms and Conditions and to obtain their consent regarding these Terms and Conditions.
21.24. As a result of acceptation indicated in point 19, the User transfers to FRU.pl all the rights of claim to which he/she is entitled and which he/she has against:
(i) the airline; and
(ii) the insurer (or insurers, as the case may be), when the User has insurance covering the cancellation of the flight or changes to the flight schedule (s) during the Trip.
21.25. The transfer of claim is made under the following conditions, which must be met cumulatively:
(i) The occurrence of the above claims against the airline or the insurer respectively;
(ii) The User uses any of the options offered by FRU.pl within the FAST REFUND service, in accordance with the provisions of these Terms and Conditions.
21.26. If the transfer of claim according to these Terms and Conditions is inefficient or contested in whole or in part, the User undertakes to take the necessary steps to make an efficient transfer at the request of FRU.pl, until and including the signing of a separate written agreement. Moreover, at the request of FRU.pl, the User will notify the insurers or, respectively, the airlines regarding the transfer of the claims made.
21.27. Moreover, the User who benefits from the services offered by FRU.pl within FAST REFUND, authorizes FRU.pl, its partners, contractors and Tourist Service Providers to represent the User in the process of exercising all steps regarding the claims, legal actions against the respective airline or of any other necessary measures on behalf of the User
21.28. In the case that the User/Traveler has received funds from FRU.PL to support the FAST REFUND service, and subsequently:
a. refuses to assign claims to the airline, (possibly refusing to grant authority to pursue claims against the airline),
b. independently submits claims to the airline outside FRU.PL and obtains compensation for the Event, The User shall be obliged to reimburse FRU.PL for all costs incurred by FRU.PL in order to render the FAST REFUND service.
21.29. Reimbursement of costs indicated in item. 23 should be made within 14 days from the date of receiving a relevant request from FRU.PL.
THE RELATIONSHIP BETWEEN THE APPLICABLE TERMS AND CONDITIONS FAST REFUND AND THE GENERAL TERMS AND CONDITIONS FRU.PL
21.30. The terms with capital letters not defined in this section will have the meaning of the General Terms and Conditions of FRU.pl.
21.31. These Terms and Conditions are supplemented by the General Terms and Conditions of FRU.pl, and if these terms and conditions conflict with the General Terms and Conditions of FRU.pl, the applicable FAST REFUND Terms and Conditions prevail.
What is Flex?
22.1. Purchasing Flex allows you to voluntarily cancel your Order of Air Transport Services or all e-Tickets issued on its basis, for any reason, up to 24 hours before the first departure time and receive a partial refund of the Price of Order of Air Transport or all e-Tickets issued on its basis, i.e. 90% of the Price of the aforesaid Order or all e-Tickets issued on its basis, including all additional Air Transport Service related services purchased online at the same time as the Air Transport Services covered by the given Order, such as seating and baggage, excluding Flex, Fast Refund, Trip Protect and medical insurance, not exceeding the equivalent of €7,000 (“Refund”).
How does Flex works?
22.2. Flex applies if you purchase an e-Tickets, issued on the basis of the Order of Air Transport Services and any additional services to the Air Transport Services (purchased online at the same time as the Air Transport Services covered by the given Order, such as seating and baggage, excluding costs of Flex and medical insurance), through FRU.PL (hereinafter: “Booking”) and add Flex to your Order and after that the Booking is cancelled by User/passenger.
22.3. The User/Passenger may cancel the entire Booking by the claim form: https://en.fru.pl/cancel at least 24 hours before the departure of the 1st flight of your Booking. FRU.PL may agree (at its sole discretion) to make a cancellation less than 24 hours before the scheduled departure time.
22.4. FRU.PL does not request any reasons or proofs to be provided to document the voluntary cancellation.
REMEMBER! FLEX IS NOT AVAILABLE IN THE CASES MENTIONED IN PAR 22.25. (FLIGHT CANCELLATION BY AIRLINE) AND THEREFORE YOU WILL NOT BE ABLE TO CLAIM THE FLEX REFUND TO FRU.PL. IN THE CASE OF SITUATIONS MENTIONED IN PAR. 22.25 YOU WILL BE ABLE TO ADDRESS YOUR CLAIM FOR THE CANCELLED FLIGHT DIRECTLY TO THE AIRLINE.
22.5. FRU.PL will proceed with the refund on your bank account within 3 working days.
How much money do I get back if I purchased Flex?
22.6. In case you choose not to travel, you will receive 90% of the Price of the Order of the Air Transport Services or e-Tickets issued on its basis, including any additional services to the Air Transport Services, purchased online at the same time as the Air Transport Services covered by the given Order, such as seating and baggage, excluding costs of Flex, Fast Refund, Trip Protect and medical insurance . The amount is capped at equivalent EUR 7,000).
How soon do I get my money back?
22.7. You will receive your refund within 3 working days.
Is the cost of Flex refundable?
22.8. If you purchased Flex, its cost is non-refundable, unless your Order is cancelled by us or prior to an e-Tickets being issued and sent it to you as well as in the cases indicated in points 22.25.
WHAT FRU.PL OFFERS THROUGH Flex?
22.9. FRU.PL provides you with the Site which offers you the possibility to search and check availability for the purchase of Air Transport Services for flights operated by Carriers, and through Flex, FRU.PL offers you the option to voluntary cancel the Booking without the need to invoke any reason and without requesting any documentation, in exchange of a fee and subject to the assignment to FRU.PL of any rights related to the agreement for Air Transport Services, including the right of FRU.PL to cancel the agreement for Air Transport Services at its discretion, the right to pursue any claims related to the cancelled/modified flight (or, alternatively, the authorization to pursue claims from the Carrier or Supplier or Insurer), as per the special terms and conditions mentioned under this section. The transfer of the above rights becomes effective only on the date on which FRU transfer the Refund to the User/Passenger
22.10. Thus, Flex allows you to voluntarily cancel your entire Booking for any reason up to 24 hours prior the first departure and to receive a partial Refund i.e. 90% of the Price of the Order of the Air Transport Services or e-Tickets issued on its basis, including any additional services to the Air Transport Services, purchased online at the same time as the Air Transport Services covered by the given Order, such as seating and baggage, excluding costs of Flex, Flex, Fast Refund, Trip Protect and medical insurance, but not more than the equivalent of EUR 7 000.
22.11. Thus, FRU.PL offers Flex allowing you, either to:
a. voluntarily cancel your Booking (i.e. the Order or e-Tickets issued on its basis and its ancillaries such as luggage, seats which were purchased on the time of placing the Order), at your discretion, at least 24 hours before the departure of the 1st flight of your itinerary, and to receive 90% of the Price of the Order of the Air Transport Services or e-Tickets issued on its basis, including any additional services to the Air Transport Services, purchased online at the same time as the Air Transport Services covered by the given Order, such as seating and baggage, excluding costs of of Flex, Fast Refund, Trip Protect and medical insurance, but no more than equivalent of EUR 7.000
For example, a booking starting the 15th of December at 2:30pm can be cancelled at any time up to 14 December at 2:29pm (Effective Cancellation). Any request to use the Vola Flex after 14 December 2:30pm will not be considered, or
b. rebook the Booking, by amending the schedule or itinerary, if such option is available with the Carrier without the payment of FRU.PL service fees in this scope. Notwithstanding the foregoing, the actual cost of rebooking which is charged by the relevant Carrier for changing a flight must be borne by the User/Passenger if it is higher than the Price.
22.12. The cancellation/rebooking will concern all flight segments within the itinerary and all the passengers on the Booking.
22.13. Within Flex, we will offer you the following alternatives from which you can select only one and only once, depending on your preferences:
(i) REFUND BY CASH in case of flexible cancellation up to 24 hours before first departure or
(ii) ASSISTANCE with Rebooking.
REFUND BY CASH
22.13.1. If you do not wish to continue your journey, and you want to voluntarily cancel up to 24 hours before first departure, we will make the Refund in cash, in accordance with the following terms and conditions.
22.13.2. If you choose the cash refund option we will refund you by using the same payment method, as the one you used to pay for the Order (for example, if you paid for the Order by payment card, the Refund will be processed to the account associated with the respective payment card) or by bank transfer to a bank account that you will indicate to us, under the conditions established here, without unjustified delays, in maximum 3 working days from the date on which you filled in the form made available by FRU.PL.
22.13.3. If you have paid for the Order using several payment methods (for example, with Voucher and for the difference with the card) the Refund will be made in cash on your card. The Refund will be made in the same currency used for paying the Order (except for the crypto currency, case in which, we will refund you the equivalent in EURO currency of 90% of the Price at the conversion rate used on the date of the Order), and a storno invoice will be issued by FRU.PL.
ASSISTANCE
22.13.4. If you want to cancel up to 24 hours before the first departure, but you still want to travel, we may offer you assistance with the rebooking of the flight, by amending the schedule or itinerary, if such option is available with the Carrier, and we will cover the cost of the new e-Ticket within the limit of the initial e-Ticket price. Notwithstanding the above, if there is a positive difference between the cost of the new e-Ticket and the cost of the initial e-Ticket, the difference, must be born by the User/Passenger, if it is higher than the cost of the initial ticket.
22.13.5. Moreover, based on Flex, FRU.PL offers you professional support and a special assistance in case of events related to your travels (flight voluntary cancellations, rebooking the Booking).
WHEN CAN FLEX BE PURCHASED?
22.14. You can purchase Flex only at the time you initially place your Order through FRU.PL.
WHEN IS FLEX APPLICABLE?
22.15. Flex is applicable if is added to and paid for as part of your Order made through FRU.PL. It is applied if you subsequently and voluntarily elect either to cancel your Booking or to rebook the Booking, subject to the conditions mentioned herein below. The provision of Flex support services is the assignment to FRU.PL of any rights related to the agreement for Air Transport Services including the right to cancel the agreement for Air Transport Services at FRU.PL discretion, the right to pursue any claims related to the cancelled/modified flight (or, alternatively, the authorization to pursue claims from the Carrier, as per the special terms and conditions mentioned under this section. In such case, FRU.PL shall file such claims in order to recover in its favour the funds it has allocated to provide you with support in connection with Flex.
22.16. On exceptional basis, Flex is also applicable in the scenario, in which the flight consists of legs sold by different Travel Services Providers and at least one leg but not all the legs is/are cancelled by the respective Travel Services Provider under the prerequisite condition that the User transfers all the rights related to the Cancelled Flight to FRU.PL
22.17. Flex will be offered to flights selected by FRU.PL.
HOW FLEX WORKS?
22.18. Flex applies when you purchase a flight ticket (the Booking) and add it to your Order and you subsequently and voluntarily choose either to cancel your Booking or to rebook.
22.19. The User/Passenger may voluntarily cancel the Booking by filing in the form provided in the link mention in e-mail sent by FRU.PL
22.20. Please note that the voluntarily cancellation Booking must refer to all the passengers on the Booking, all e-Tickets, and all the flightsegments mentioned on that specific Booking.
22.21. In order to voluntarily cancel the Booking, you need to:
click on “Cancel” button inside the Order or e-Tickets confirmation email at least 24 hours before the departure of the 1 st flight ofyour Itinerary
•confirm your Booking cancellation inside the online form provided in the e-mail and under the address https://en.fru.pl/cancel and identify you in that form.
22.22. In the above case in which you choose to voluntarily cancel the Booking, FRU.PL will proceed with the refund on your bank account within 3 working days.
22.23. In cases of cancellation of a flight by a Customer covered by the Flex (and at the same time a further plan to travel ona different flight), where the User may benefit from the rescheduling of the flight instead of its cancellation, FRU.PL, after having informed the User by telephone about such benefit and the User’s consent to such solution, may retain the Flex Refund and treat it as a prepayment for the paid rebooking. If the prepayment does not cover the cost of the Booking change, the User will be obliged to pay the difference.
WHAT IS THE COST OF FLEX?
22.24. Flex is offered by fru.pl, in exchange for an additional fee, which is presented on the Site at the time of purchase.
WHEN FLEX IS NOT APPLICABLE
22.25. Flex is not applicable in case of the cancelations flights (other than a voluntary cancellation by the user) which may refer to one of the following events:
a. A Cancelled Flight or Modified Flight made by the Carrier/ Supplier prior to the processing of the Refund by FRU.PL, regardless if FRU.PL managed to inform the User/Passenger about such disruption. In case of flights consisting of legs, all the legs need to be cancelled. It should be noted that the legal obligation to reimburse the cost of the Air Transport Services related to a cancelled/modified flight stays, in all cases, with the Carrier that cancelled or modified the flight.
b. The Carrier/Supplier suspending or ceasing its’ operations for whatever reason, including without limitation, the insolvency/bankruptcy/preventive concordat/reorganization/restructuring of the Carrier/Supplier prior to the processing of the Refund by FRU.PL, regardless if FRU.PL managed to inform the User/Passenger about such event. It should be noted that the legal obligation to reimburse the cost of the Air Transport Services related to a cancelled/suspended flight in all cases, with the Carrier that cancelled or suspended the flight.
c. A travel ban, regardless of whether the flight has been cancelled or modified by the Carrier/Supplier and if FRU.PL managed to inform the User/Passenger about such disruption;
d. Denied Boarding;
e. No-show in order to travel;
22.26. In order to remove any doubts, FRU.PL informs that the User/Passenger is not able to submit a request for voluntary cancellation of a given flight (and take advantage of the options offered by Flex) after having been informed by any means including by the Carrier directly/by FRU about the flight cancellation for the reasons indicated above.
LIMITATIONS OF FLEX
22.27. The solutions described above in point 22.13.1 and 22.13.5. are offered by FRU.PL within Flex, subject to the fulfilment of the following cumulative conditions:
(i)e-Ticket(s)to which Flex is applicable are purchased for a flight offered through FRU.PL.
(ii) Flex must be purchased on the moment of the acquisition of the flight e-Ticket(s).
(iii) if you want to cancel the Booking/rebook, you need to follow the standard cancellation procedure with at least 24 hours prior before the first departure otherwise the solutions indicated in point 22.13.1 or 21.13.5. within Flex will no longer be available
(iv) there are no active promotional campaigns implemented by FRU.PL for specific periods of time and specific Sites where the free rebooking is offered to the Users for all/specific flights at FRU.PL discretion. In this latter case, the free rebooking option is not included in Flex.
22.28. If you make changes to the flight itinerary, booked through us, without our assistance, but directly with the Carrier that was supposed to operate the flight, without our prior approval, Flex is void and therefore you will not be entitled to none of the solutions indicated in point 22.13.1. or 22.13.5.
Remember! By choosing Flex, you acknowledge and accept that in the case FRU.PL makes a cash Refund or assist you with a rebooking, you assign the right to claim against the Carrier for a refund of funds related to the cancelled/modified flight to FRU.PL. By doing so, you agree not to assert such claims against the Carrier without FRU.PL prior approval and also you agree that the chosen alternative is irreversible once you advised FRU.PL about it.
REMEBER! In any case where the User or (Passenger) makes a claim against the Service Provider (Carrier/Supplier) and the User (Passenger) receives compensation (or any other benefit) for this – thus preventing FRU.PL from effectively exercising the claim acquired on the basis of the Flex against the Service Provider (Carrier/Supplier) – the Usershall be obliged to return the benefit received by the User (Passenger) from FRU.PL for the performance of the Flex
WHEN FLEX IS CANCELLED?
22.29. Flex is automatically cancelled/invalidated in any of the following situations:
The User/Passenger has modified the initial details of the Booking or the contact details directly with the Carriers, withoutthe prior notification of FRU.PL;
The cancellation of your Booking with FRU.PL was made by User any Passenger on the Booking directly with the airline and not through FRU.PL;
The cancellation was not made within the timeframe indicated in these terms, i.e. up to 24 hours before first departure.
UNDER WHAT CONDITIONS IS THE TRANSFER OF RIGHTS CARRIED OUT?
22.30. By accepting these terms and conditions Flex, the User and declares that he/she has not/will not request/will request the refund of the e-Ticket(s) Price, in respect of the entire Order, i.e. all passengers covered by the Order, any relevant taxes and/or compensations from another entity, including the airline, including any compensations to which he/she might be entitled to under EC Regulation 261/2004. By purchasing the FRUFlex,the User undertakesto provide the performance (obligation to refrain from requesting reimbursement) indicated in the preceding sentence to each Passenger covered by the respective Order.
22.31. By clicking the button “Add Flex” when purchasing Flex on the Site, or in the case of making an order via the FRU.PL Reservation Center – after the User expresses his/her willingness to use Flex the User and/or Passengers
(i) transfers all rights and titles against the Service Provider (Carrier/Suppliers, depending on the situation) to FRU.PL and authorize FRU.PL to file compensation claims with the Service Provider on their behalf, based on EC Regulation No 261/2004 of the European Parliament and of the European Council of 11 February 2004 establishing universal principles on compensation and assistance to Passengers in the event of delays, changes or cancellations of flight connections ordenied boarding (hereinafter referred to as “Claim”); and
(ii) agrees to expressly authorize FRU.PL to act on his/her behalf to request any other reimbursement from the Service Provider of the cost of the e-Ticket(s) and to obtain any taxes including airport taxes;
(iii) where necessary, obtain the express consent of the Passengers (covered by the Order) to require the Service Provider to reimburse the cost of the e-Ticket(s) and to recover any taxes, including airport taxes ;
in case of cancellation/modification of aflight/flight segment by the Service Provider (for whatever reason) only after the User voluntarily cancels the flight and FRU.PL process the Refund under terms and conditions provided by this section.
22.32. Thus, the transfer of the above rights becomes effective on the date on which FRU.PL transfer the Refund to the User/Passenger.
22.33. Thus, as a result of purchasing Flex, the User and/or Passengers:
a. transfers the Claim to FRU.PL, that he/she has against:
(i) the Service Provider (Carrier/Supplier, depending on the situation) to which he/she is entitled (including but not limited to: airport charges, compensations, etc)
(ii) the Insurer (or insurers, depending on the situation), when the User has insurance covering flight delays, cancellations or changes to the flight schedule(s) during the Journey; and also
b. agrees that any taxes and/or compensation will be received by FRU.PL on behalf of the User and/or the Passenger(s) will be retained 100% by FRU.PL.
22.34. The transfer of Claim is subject to the following conditions, which must be met cumulatively:
(i) The occurrence of the aforementioned Claim against the Service Provider or the Insurer respectively;
(ii) FRU.PL processed the Refund to the User, who purchased Flex, in accordance with the provisions of this section.
22.35. In the event that the transfer of Claim under this section is ineffective or contested in whole or in part by the Service Provider or the Insurer, the User undertakes to take the necessary steps for an effective transfer at the request of FRU.PL, up toand including to the signing of a separate written agreement or Power of Attorney. Furthermore, at the request of FRU.PL, the User may be requested by FRU.PL to notify the Service Provider re the transfer of his/her Claims.
22.36. In certain situations, FRU.PL, FRU.PL’s authorized partners, contractors or Service Providers will request from the User certain documents and information, and the User agrees to make them available.
22.37. Furthermore, the User (Passenger) who benefits from the alternatives offered by FRU.PL under Flex under in point 22.13.1 or 22.13.5 authorizes FRU.PL, or its contractors to represent the User and/or the Passenger(s) in the process of exercising all the steps related to complaints against the concerned Service Providers and legal actions or any other necessary measures on behalf of the User and/or the Passenger(s) in order to obtain the relevant taxes and/or compensations. In the event that a positive case law is established and damages or compensation is obtained by FRU.PL or by its partners (participating directly or indirectly in the process of obtaining compensation), FRU.PL is entitled to retain 100% the Claims received.
WHAT IS TRIP PROTECT AND WHEN IT APPLIES?
23.1. FRU offers through the FRU.pl Website the possibility to search and check availability for the purchase of airline tickets for:
23.2. Within the intermediation service that FRU provides, we can offer you for all types of flights (direct flights and combined flights), as a separate component, the Trip Guarantee service (hereinafter referred to as "Guarantee") in accordance with the terms described in this section.
Within the FRU.PL Guarantee service, FRU.PL (in return for the payment made, as the case may be, and transfer of claims) will offer you additional services aimed at assisting you in the situation of flight(s) cancellation. The FRU.PL Guarantee service does not constitute an insurance contract.
23.3. The Guarantee applies when you purchase a flight ticket from the FRU.pl Site and add the service to the Booking Request or when Trip Protection is included as part of the Upgrade subscription benefits. You can use it if the carriers cancels the flight or changes the flight itinerary or part of the itinerary, for various reasons ("Event"), and thus, passengers:
(i) are unable to leave at the scheduled hour or day, or
(ii) no longer arrive at the scheduled hour or day, respectively,
(iii) fail to catch the following connections in the case of multi-connection flights.
23.4. The Guarantee offered by FRU can be applied only in the cases in which your flight/flights during the Trip is/are affected by Events determined by factors that may appear in the normal course of the air transport activity carried out by the air carries.
WHEN DOES THE TRIP PROTECT NOT APPLY?
23.5. The Guarantee is not applicable in any of the following situations:
WHEN CAN TRIP PROTECT BE PURCHASED?
23.6. You can purchase the Guarantee only when you book your Trip through FRU at the time of purchasing the ticket/tickets. . If you hold an active Upgrade subscription, the Guarantee is offered as a benefit for each booking made, and you may access it when logged into the account associated with your Upgrade subscription.
WHAT DOES FRU.PL OFFER AS A GUARNATEE?
23.7. The purpose and scope of the Guarantee is to provide you with one of the following two alternatives:
as described in Art. 23.9.1 and Art. 23.9.2. lower.
23.8. The Guarantee can be applied only in case of an Event that is notified (by sms or email) by the air carrier before the scheduled departure for the flight within the Travel affected by an Event, and only under the conditions described below:
a. If you are notified directly by the air carrier or are informed from various sources about the occurrence of an Event, before FRU notifies you of this fact, you must contact us without undue delay, as soon as possible, using the communication methods available on the website. FRU.pl. If you do not inform us about the Event without undue delay, you will lose the right to use the Guarantee,
b. If FRU.PL is notified by the Tourist Services Providerair carrier about the occurrence of an Event that will affect your flight (s) within the Travel, we will contact you within a reasonable time to inform you about this situation and about the solutions potentially applicable in this case.
23.9. In any of the cases described above at points a and b above, after we have become aware of the occurrence of an Event that affects your Flight (s) during the Trip, and this Event is one covered by the Warranty, we will offer you the following solutions (as they are available:
23.9.1. Alternative transport to your intermediate or final destination:
within this solution, FRU will search for the transport options available at the air carrier and will cover the cost of the alternative transport within the maximum treshold specified in point 23.9.1.4. below.
23.9.1.1. In certain situations, in any of the cases described above in points (i) - (iii), FRU may consider it appropriate to offer accommodation for one night. This solution can be offered to you if your flight has been delayed or canceled prematurely, leaving you stuck at the airport or train station for one night, and your alternate flight/connection has a scheduled departure after midnight (12am) and should stay at the airport or train station for more than 8 hours. The maximum threshold for this accommodation will be 150 EURO/Order (regardless of the number of Passengers booked) and is included in the maximum amount specified below point 23.9.1.4. If, due to the number of passengers, the booking of accommodation re-quires a surcharge in excess of EUR 150, the customer is obliged to pay the excess amount in excess of EUR 150.
23.9.1.2. Please note that in the event that we book an al-ternative flight (s) under the Guarantee, we will need a reasonable amount of time to process the booking of these flights and to complete the bookings with the respective air carriers. If we offer you the option to choose alternative flights, please note that we will make every reasonable effort to complete these bookings as soon as pos-sible and that you will be required to respond to notifications regarding offers as soon as possible, but not more than 24 hours. Also, you must keep in mind that the availability of flights is limited, and the FRU offer is conditioned by this availa-bility and by the tariff changes, so it is important to receive a quick response to the alternatives offered.
23.9.1.3. If you are informed of an Event when you are at the airport or FRU will notify you that it cannot purchase alternative flights online or cannot locate travel options with other means of transport, you can purchase tickets for alternative transport to your final destination at the airport or other transitional location, and we may reimburse you for the price you paid for the segment (s) affected by an Event within the threshold mentioned at point 23.9.1.4 below. Please note that you are always obliged to contact us and obtain our confirmation for the refund of the eligible amount related to the price paid for alternative transport on your own and to send us the related receipt/receipts, otherwise you will not be entitled to a refund according to the above. Please note that we will not cover any additional services or subsequent upgrades to alternative tickets purchased on our own and previously confirmed by us.
23.9.1.4. The cost of the alternatives described above covered by the Guarantee must not exceed twice the price you paid for the flight ticket (s) for the segment (s) affected by an Event, specifying that if the price for the affected segment is not offered transparently by the Service Provider, it will be calculated in proportion to the number of segments from the Trip. If the above threshold “twice the price” price for affected segment(s) exceeds PLN 6,383.85, FRU.PL will cover costs of the alternative only up to PLN 6,383.85, and any difference will be borne by the User/Passenger.
23.9.2. Reimbursement of the value of the ticket is-sued by FRU for the flight affected by an Event, if it is eligible for reimbursement by the airline.
23.9.2.1. In case you do not agree with the alternatives proposed by FRU within the solution from point 23.9.3. above, we consider that FRU has fulfilled its obligations under the Guarantee and you can only request reimbursement of the flight segment (s) affected by the Event, as long as the reim-bursement is offered as a solution by the air carri-er. In this case, the refund conditions may differ depending on the airline's policy, and you by adding the Guarantee to the Booking Request express your acceptance of the application of these policies set presented in the Terms and Con-ditions of the air carrier which was to operate the flight affected by an event.
WHAT IS THE COST OF THE TRIP PROTECT?
23.10. The Trip Protect is offered by FRU:
23.10.1. in exchange for the payment of an additional fee, the amount of which is indicated each time at the stage of making Orders, at the moment of making a purchase via FRU.pl – when bought separately. The amount of the fee depends on many factors connected with the parameters of a given Trip, and therefore the price of the fee is dynamic and may be subject to changes, or
23.10.2. as a benefit included in the Upgrade subscription, and
23.10.3. in exchange for the transfer your rights/claims against the air carrier (the insurer) under the conditions set out in clause 23.11 – 13.19 below in respect of the occurrence of an Event in relation to each Passenger in respect of whom the Guarantee has been exercised.
Remember! By choosing to use the Guarantee, you acknowledge and accept that in the case FRU.PL performs its obligations indicated herein, you transfer to FRU.PL the right to claim against the airline for the refund of funds related to the cancelled/changed flight. By doing so, you agree that you will not assert such claims against the airline without the prior consent of FRU.PL.
REMEBER! In any case where the User or (Passenger) make a claim against a Service Provider (air carrier/or other suppliers) and you (a Passenger) receive compensation (or any other benefit) therefor - thus preventing FRU.PL from effectively exercising a claim acquired hereunder against a Service Provider (air carrier/or other suppliers) - you shall be obliged to return the benefit received by you (a Passenger) from FRU.PL for the performance of the Guarantee service.
UNDER WHICH CONDITIONS IS THE TRANSFER OF RIGHTS CARRIED OUT?
23.11. As a condition of providing the services under the Guarantee, FRU.PL shall transfer to FRU.PL all rights related to the contract of carriage, including the right to cancel the contract of carriage at FRU.PL's discretion, the right to assert any claims related to the cancelled/changed flight (or alternatively the right to assert claims against the air carrier, in accordance with the special conditions mentioned in this paragraph. In such case, FRU.PL will make such claims in order to recover for its own benefit the funds it has committed to provide the Guarantee service. Where option 23.9.1. applies FRU.PL shall retain the above-mentioned amounts, and where option 23.9.2. applies the amounts received by FRU on behalf of the Suer/Passenger as refund from the airline shall be transferred to the User/Passenger.
23.12. As a result of exercising the Guarantee under these Terms and Conditions, the User (and/or Passenger):
23.13. Acceptance of any solution in section 23.9.1 or 23.9.2. by the User will also be considered as consent and acceptance by the User of these Terms and Conditions and, consequently, the User agrees not to request/receive a refund of the cost of the ticket, directly/indirectly, on any basis , from the air carrier or any other entity. By accepting these Terms and Conditions, the User undertakes to inform the persons indicated by name on the individual airline tickets about the content of these Terms and Conditions and to obtain their consent regarding these Terms and Conditions.
23.14. As a result, the User transfers to FRU all the rights of claim to which he is entitled and which he has against:
23.15. The transfer of receivables is made under the following conditions, which must be met cumulatively:
23.16. If the transfer of the rights of claim according to the present Terms and Conditions is ineffective or contested in whole or in part, the User undertakes to take the necessary steps to make an efficient transfer at the request of FRU, up to and including signing a separate written agreement. Moreover, at the request of FRU, the User will notify the insurers or, respectively, the air carrier regarding the transfer of the claims made.
23.17. Furthermore, the User who benefits from the services offered by FRU under the Guarantee, authorizes FRU, its partners, contractors to represent the User in the process of exercising all steps regarding the claims against the airline concerned. and legal action or any other necessary measures on behalf of the User.
23.18. If FRU has fulfilled any of the obligations assumed in points 23.9.1 or 23.9.2. and then the User/Passenger:
23.19. Reimbursement of the costs indicated above should be made within 14 days from the date of receipt of a relevant request from FRU.
RELATIONSHIP BETWEEN THE TERMS AND CONDITIONS APPLICABLE TO THE TRIP PROTECT AND THE GENERAL TERMS AND CONDITIONS FRU.PL
23.20. Terms with capital letters not defined in this section will have the meaning of the General Terms and Conditions of FRU.
23.21. These terms and conditions are supplemented by the General Terms and Conditions of FRU, and if these terms and conditions conflict with the General Terms and Conditions of FRU, the terms and conditions applicable to the Guarantee prevail.
24.1. In order to offer the User the best prices for Air Transport Services, FRU.PL website may offer the functionality of:
24.2. When you choose to purchase a Combined Flight consisting of multiple flights on one or more Carriers, you will formally book each separate e-Ticket on one or more Carriers.
24.3. Please note that when choosing an itinerary with Combined Flights, the following considerations must be taken into account during stopovers:
24.4. The cost of transfer from one airport to another will be borne independently by the Traveller.
24.5. Given that the User purchases separate tickets for each Combined Flight and that the flight configurations may provide a short connection time (depending on the search parameters indicated by the User and the availability of flights) for the Combined Flight e-Tickets, several risks may arise: e.g. risk of flight delays/cancellations, flight rescheduling, risks that may lead to the inability to use the next Combined Flight connection(s).
24.6. The availability of the Connecting Flight Service is displayed each time to the flight destination selected by the User. The Connecting Flight Service is not offered to all available flight destinations. The availability of the Connecting Flight Service is displayed each time the User selects a flight destination of interest to the User.
25.1. FRU.PL reserves the right to run, in parallel, several promotional campaigns on Air Transport Services, save that promotions do not have to apply to all Air Transport Services. The promotions are established according to the marketing campaigns run by FRU.PL, thus during some of the campaigns Air Transport Services may be offered to a discounted price compared to Carrier’s price in FRU.PL bundled e-Tickets
25.2. Discounts or discount coupons may be combined with other promotional campaigns or discount coupons and are only applicable according to the rules of each promotional campaign.
25.3. Discounts or discount coupons do not apply to Users who make Orders following air ticket searches on metasearch engines (e.g. Momondo, Skyscanner etc.).
25.4. For market research studies that FRU.PL conducts through internal or external consultants, FRU.PL will grant discount coupons to participants in the market research study in question under the conditions below.
25.5. FRU.PL may promote, at its sole discretion, on all or some of its websites, the service of free change of parameters of the Air Transport Service (hereinafter: "Free Change"). Moreover, FRU.PL may, at its sole discretion, decide which flights and which Carriers will be covered by the Free Change service, and that the costs of actually changing the parameters of the Air Transport Service must be borne by the User/Passenger if they are higher than the price of the original Tickets paid. Electronic, seats and luggage purchased via FRU.PL, excluding other additional Services.
25.6. The specific terms and conditions of the Free Change will be communicated as part of the relevant campaign and may be offered for a limited time. Therefore, Users who have placed an Order for Air Transport Services on the relevant website where the promotional offer is advertised may change the parameters of the Air Transport Service by changing the schedule or travel plan. The cost of the above change cannot be higher than the cost of purchasing the original Electronic Tickets and seats and baggage that were purchased via FRU.PL. If the cost is higher, the difference will be borne by the User.
25.7. Changes to the parameters of the Air Transport Service may be available up to 24 hours before the first departure. The Free Change Service is not available once the trip has commenced or if the Air Transportation Service is affected by a cancellation or change to the Air Transportation Service by the Carrier.
25.8. Once the change is made, it will affect the entire Order and all Travelers. An application to change the parameters of the Air Transport Service should be submitted by the User (the first passenger from the Order).
25.9. FRU.PL may, at its sole discretion, suspend or cancel the Free Change promotion at any time it deems necessary, including, but not limited to, situations such as force majeure, and in particular: government regulations or situations war, state of emergency, state of emergency or travel restrictions imposed by government authorities, political instability, fires, floods, accidents, storms, volcanic eruptions, epidemics, pandemics, strikes, terrorist attacks, earthquakes and any other unforeseen events that may affect FRU.PL, Carriers or Suppliers of FRU.PL. Force Majeure includes, but is not limited to, any decisions of the Carriers or decisions and consequences thereof which have the effect of suspending/cancelling multiple flights during a particular period or ceasing their operations for any reason whatsoever, including but not limited to limited to the insolvency/bankruptcy/bankruptcy proceedings/reorganization/restructuring of the Carrier/Supplier, regardless of whether FRU.PL managed to inform the User/Passenger about such an event.
25.10. The Free Order Change Service is also not available in the following cases
a. validity of the travel ban, regardless of whether the flight was canceled or changed by the Carrier/Supplier and whether FRU.PL managed to inform the User/Passenger about such disruption;
b. denied boarding;
c. failure of the Traveler for whom an Electronic Ticket was purchased to appear at the appropriate time to use the Air Transport Service (Other Service), e.g. at the time designated for airport check-in;
d. cancellation of the Order by FRU.PL.
25.11. Free Change does not include additional services or other changes except those described above. Seats and luggage are included in the price if purchased by the user via FRU.PL.
25.12. Participation in promotional campaigns conducted by FRU.PL implies the obligation to accept and comply with the provisions of these Terms & Conditions and the specific regulations published on the promotional campaigns page of FRU.PL
WHAT IS PRICE LOCK?
26.1. “Price Lock” is a service offered by FRU.PL exclusively to the customers who purchase “Upgrade”. The “Price Lock” service is not available to customers who do not hold an active “Upgrade” subscription. The prices of the e-Tickets offered by the Carriers and/or Suppliers are dynamic, thus FRU.PL, at its discretion, may offer the service named “Blokada Ceny” which guarantees that the price of a specific flight will be maintained (“Original Price”) for a certain time period, calculated as a number of hours, selected by the User or indicated by Fru.pl Site, as specified on the funnel of FRU.PL Site (“Price Lock”). Thus, Price Lock gives the User the option to lock a selected fare for specific time limits ("Locked Period”) . The Upgrade subscription includes Price Lock service up to 24 hours. Other time options may be also specified on the FRU.PL Site, subject to: payment of the applicable fee in the amount specified in the offer displayed on the FRU.PL Site (“Price Lock Fee”) and availability of the flight service at the time the booking is completed. The Price Lock Fee varies subject to the specific Locked Period and to the Cost of the locked fare.
WHICH ARE THE LIMITATIONS OF PRICELOCK?
26.2. The User will be able to finalize the payment of the Original Price within the time limit mentioned in the funnel ("Locked Period”). The Locked Period starts on the moment the User pushes the button Price Lock on the offers page presented on the funnel of FRU.pl Site. For 24-hour Price Lock service no additional payment, except the fee for Upgrade, is required. In the above case the User only confirms the specific terms and conditions of the Price Lock service, which are included in the Regulations.
26.3. If the User proceeds with the completion (payment) of the Order by the expiry of the Locked Period, and the flight is still available but:
(i) the new price is lower than the Original Price, the User will be able to complete the Order for the lowered price.
(ii) the new price is higher than the Original Price, FRU.pl will cover any price difference up to PLN 900/passenger. Any difference above the threshold of PLN 900/passenger will be borne by the User/Client.
26.4. If the booking will be finalized for a price that differs from the Original Price, FRU.pl is authorized by the User to perform actions aimed at purchase of the e-Ticket on his behalf for the new price.
26.5. If the User proceeds with the completion (payment) of the Order by the expiry of the Locked Period, and the flight is no longer available:
(i) if the User has paid the Price Lock Fee, the User will receive back the Price Lock Fee in a maximum 24 hours,
(ii) if the User opted for the 24-hour option, they will receive PLN 21 discount coupon.
26.6. In order to finalize the Order with the Original Price, the User will have to pay the full amount of the booking for which the “Blokada Ceny” service has been purchased, by the end of the Locked Period. The Original Price shall apply only to the specifications of the flight offer selected for buying the Price Lock service (same Carrier, same route, same flight hours, same number and type of passengers).
26.7. If the User adds additional Services/Passengers or changes in any way to the original Offer, the service “Blokada Ceny” cannot be used.
26.8. If the User does not finalize the payment of the Order within the specific Locked Period, the Price Lock Fee is not refundable.
27.1. Certain flight fare classes provided by Air Transport Service Suppliersinclude the price for hand luggage and/or checked luggage in the ticket price displayed on the FRU.PL Site. However, some fare classes do not include the luggage, requiring it to be purchased as a separate Service. The luggage can be added at the time of booking or after the issuance of e-Tickets, but not later than check-in openning time. Fru.pl obtains luggage related information from various Air Transport Service Suppliers who determine both the availibility and cost of luggage Service, therefore, Fru.pl does not have control over this information or pricing of the luggage Service. Furthermore, FRU.PL has no control over the manner in which the Luggage Transport Service is performed by Carriers, therefore FRU.PL takes actions to mitigate the effects of such incorrect performance of the Luggage Transport Service.
27.2. Considering the circumstances indicated in the proceeding section, if the User purchases the luggage transport Service, FRU.PL will add the following additional fees of variable amount:
a.a fee related to performance by FRU.PL of activities related to purchase for the User of the luggage transport Services from Air Transportation Service Supplier, and/or
b.a fee related to purchase of additional FRU.PL Services related to checked luggage.
27.3. The additional fees indicated above will be included in the Service Price for luggage transport displayed on the FRU.PL Site and/or communicated in a separate communication when placing an Order; or these fees will be displayed separately on the FRU.PL Site or communicated as a separate fee in a separate communication after receiving an request for the purchase of the luggage transport Service.
27.4. Additional FRU.PL Services related to checked luggage refer to "Lost Luggage Guarantee" and will be offered by FRU.PL when the User purchases the checked luggage transport Service via the FRU.PL Site or the FRU.PL Booking Center. The aforesaid additional FRU.PL Services shall apply when such checked luggage is lost during the travel or delivered with delay.
27.5. The purchase by the User of the additional "Lost Luggage Guarantee" Service for a given checked luggage means that in case of non-delivery or delay in delivery of the luggage by the Carrier, FRU.PL guarantees the User the following benefits:
a.refund of the fee paid by the User to FRU.PL in accordance with point 27.2. above - up to EUR 100 threshold or its equivalent in PLN (guarantee of fee refund), and
b.providing the User with support in the process of claiming appropriate compensation for delayed or lost checked luggage, which should be paid by the Carriers, i.e. to indicate an external claims agency dealing with such claims to the User.
27.6. The joint condition for the refund of the fee under the "Lost Luggage Guarantee" Service is that the User obtains a property irregularity report (PIR) from the lost and found office located at the airport, and provides FRU.PL, to the address: info@fru.pl, with a copy of the above-mentioned report, confirming the irregularity related to the User's checked luggage.
27.7. The refund of the fee under the "Lost Luggage Guarantee" Service will be processed by FRU.PL immediately after reviewing the received copy of the property irregularity report, but no later than 24 hours after receiving a valid property irregularity report.
27.8. Under the "Lost Luggage Guarantee" Service, the User is only entitled to a one-time refund of up to EUR 100 (or its equivalent in PLN) per luggage/per travel, regardless of whether the luggage is lost or found and delivered by the Carrier/Supplier. Under the “Lost Luggage Guarantee” Service the FRU.PL does not assume any liability for non-performance or improper performance of the luggage transport Service by the Carriers, in which respect the User concludes an agreement directly with the Carrier.
27.9. The user is not entitled to a refund in any of the following situations:
a.lost/delayed luggage is hand luggage,
b.lost luggage refers to sports equipment, musical instruments, other oversized equipment;
c. the User will not receive a property irregularity report from the lost and found office that clearly states that the checked luggage has been lost or its transportation has been delayed,
d.the User/Traveler does not collect checked luggage from the airport or collects checked luggage that does not belong to the User/Traveler,
e. the transport of checked luggage is related to a flight delayed or cancelled by the relevant Carrier,
f.checked baggage is only broken to an extent that does not violate its integrity.
28.1. What is Upgrade?
28.1.1. The specific terms provided under this section apply only to Orders made in a period when the User is active member of a Upgrade and not to regular bookings made without Upgrade. By choosing to proceed without Upgrade the User agrees to complete the Order without any discount nor benefits included in the Upgrade. For all those matters not expressly regulated in this section general provisions of Regulations applies.
28.1.2. We have prepared these definitions that will help you better understand our Upgrade specific terms:
Effective Date: the date when the User become an Upgrade customer which coincides with the time the User makes a payment for the Order which includes Upgrade Service, irrespectively of the Order status.
Upgrade: the agreement concluded between FRU.PL and the User, that allows the User to obtain discounts and benefits for their Orders in exchange of payment of the Upgrade Fee, paid according to the terms below, and the information posted on the FRU Website. For the avoidance of doubt the Upgrade constitutes a separate agreement to agreements for any other Services provided under the Regulations.
Upgrade Price: means the price of the Air Transportation Service, which is available only to Users who have purchased the Upgrade Service, and which applies after using the discount coupon provided to the User as part of the Upgrade Service. The Upgrade Price applies only to a certain offers of Air Transportation Services indicated on the FRU.PL Website..
Upgrade Fee: the subscription fee User has to pay for each Upgrade Term.
Upgrade Term: the period of 1 year or a different period of time, as such is presented on FRU.PL Website during the purchase of Upgrade, starting as of the Effective Date, through which the User is eligible to use Upgrade. The Upgrade Term is renewed automatically for a period specified during the purchase of Upgrade, unless: (i) the User decides to cancel or withdraw from the Upgrade Service in accordance with the provisions of this paragraph, (ii) FRU.PL will terminate the agreement for the Upgrade Service in accordance with this paragraph. Your specific Upgrade Term will be specified in Welcome to Upgrade Email and User Account.
Welcome to Upgrade Email: the e-mail that will be sent to User after the payment to confirm purchase of the Upgrade, which contains relevant information about Upgrade, including the Upgrade Term.
28.2. Who can join?
28.2.1. How to become an Upgrade User?
28.2.1.1 The Upgrade is available only to the Users booking directly through FRU.PL Website. The Upgrade is not available through FRU.PL Booking Center or Service Points. FRU.PL ,at its discretion, may decide to restrict offering this product to certain Users (e.g.: only to individuals booking from the FRU.PL Website).
28.2.1.2 In order to be an Upgrade User, the User must be at least 18 years old and have the legal capacity to enter into a contract.
28.2.1.3 The Upgrade is linked to the User Account and the e-mail address used to place the Order and purchase the Upgrade, and it is non-transferable, which means that the User cannot change the e-mail address after the purchase. FRU.PL will allow e-mail changes up to three characters, to cover the cases when some Users misspell their e-mail during the purchase process.
28.2.1.4 In order to become an Upgrade User, one need to select a flight and decide to continue with its Upgrade. If you decided to continue with an Upgrade, the Upgrade will be added to your basket, and you need to pay the Service Price which includes inter alia, the Upgrade Fee, together with the Service Price of the Air Transport Service(s), discounts and any Other Services. You will become an Upgrade User by accepting these specific terms of Upgrade, which are included in our general Regulations, by clicking “Pay” button in the funnel.
28.2.2. The Upgrade can be purchased only with a n Order not as a standalone program/service.
28.2.3. The User will receive an e-mail confirmation regarding enrollment in our Upgrade program once FRU.PL successfully process the payment for the Order including the Upgrade Service.
28.2.4. In the event that the User chose to be enrolled in Upgrade without having an account created on FRU.PL Website, the User’s Upgrade Service will be automatically linked to the e-mail provided by the User during first Order which includes the Upgrade. Then, the User will have to create the User Account from the “Login” section of FRU.PL Website. If the User has any problem setting the password or accessing the User Account, the User can contact FRU.PL using the communication channels available on www.fru.pl/kontakt.
28.2.5. After the User paid for the Order including Upgrade Service, the User must be logged into the User Account in order to use Upgrade and have access to the Upgrade Prices and other benefits.
28.2.6. The User is obligated to ensure that the data provided by the User and visible in the User Account is current at all times. The User is responsible for the use, protection, and privacy of the User Account and the login information associated with it.
28.3 What are the benefits?
If the User successfully subscribed to Upgrade the User will get the following discounts and benefits:
28.3.1. On your first booking purchased with Upgrade subscription:
28.3.1.1. (i) 63,99 PLN discount applicable only to the first Order of the Air Transport Service which includes the Upgrade Service. If the Air Transport Service Price set by the Carrier is lower than the above-mentioned amount, the above-mentioned discount will be reduced proportionally to this Price, with the Upgrade Price never being lower than PLN 1.00 (for technical reasons, the FRU.PL Website may still indicate a discount of PLN 63,99, which does not affect the application of the rule allowing for reducing the discount amount). The discount will be included in the Order summary and will be used to calculate the Upgrade Price. The discount is a one-time discount – it applies only to a first Air Transport Service Order placed during the first Upgrade Period, regardless of the number of Passengers covered by that Order. The discount applies only to the first Order including the Upgrade Service, and
(ii) Trip Protection Service – available under the terms stipulated in § 23 of the Regulations. Trip Protection is available for all Orders placed during the Upgrade Period, and its value will be indicated on the FRU.PL Website each time. Users may only use this Service once per Order. To use the Trip Protection Service as part of the Upgrade Service, the User must register via their User Account, following the instructions in the relevant section, or via the FRU.PL Reservation Center communication channels.
28.3.1.2. If the User has purchased also our Flex product, under the conditions in § 22 of our general Regulations, the User will be refunded according to the specific terms relevant for Flex under the above mentioned conditions.
28.3.2 Starting with the 2nd Order, to the extent that the Upgrade subscription is still effective, the User will be granted:
(i) PLN 42.99 discount which applies to each 2nd and maximum of 10 following Orders of the Air Transportation Service placed through the User Account during the Upgrade Period. The discount will be reflected in the Order summary. If the User places another Order for the same route, operated by the same Carrier, but for different Passengers, the discount indicated in this section will not apply. In the case of similar Orders, the PLN 42.99 discount applies only to one Order (the first one). From 11th Order onwards, the above-mentioned discount no longer applies, but Trip Protection and Price Lock Services remain available as part of the Upgrade. .To re-enable the discounts, the User must purchase the Upgrade Service again, after which the Upgrade Period will be extended for an additional 12 months;
(ii) Trip Protection – available without additional fees and under the conditions specified in § 23 of these Regulations. The free Trip Protection Service is available for all Orders placed during the Upgrade Period, however the User can request the Trip Protection Service only once for a given Order. The value of the Trip Protection Service will be indicated on the FRU.PL Website each time. In order to use the Trip Protection Service as part of the Upgrade Service, the User should submit a request via the User Account, following the instructions provided in the relevant User Account section, or via the communication channels of the FRU.PL Reservation Center, and
(iii) Price Lock Service up to 24 hours – available without additional fees and under the conditions mentioned in § 26 of general Regulations. The Price Lock feature allow to secure the Air Transport Service Price up to 24 hours while the User decides whether to make the Order. As part of Upgrade, the User can lock the Air Transport Service Price for 24 hours at no extra cost, and FRU.PL may also offer longer lock periods for an additional fee.
28.3.3. The discounts indicated in this section automatically reduce the value of the Order to which they apply. The discounts indicated in this section cannot be combined with other promotional codes and do not apply to previous Orders. The right to use the discount is assigned to the User, is not transferable, and is valid only during the Upgrade Period. The discount indicated in this section cannot be exchanged for a cash equivalent. The aforementioned discounts does not apply to previous Orders.
28.3.4. The Upgrade subscription will allow the User to get Upgrade Prices for the flights that during the purchase of Upgrade were clearly indicated in the list of included benefits. Upgrade Prices will not apply to any product/service that was not expressly indicated during the purchase of Upgrade and/or when you made the booking.
28.3.5. The benefits of the Upgrade will be applied automatically after paying for the Order.
28.4. Promotional campaigns for Upgrade
28.4.1. FRU.PL may deploy marketing campaigns with different occasions to stimulate sales, at its discretion, and grant various benefits to all or only to certain Users or to give special privileges for existing Upgrade Users, including granting different benefits on each sales channel (mobile app or web) or various websites.
28.4.2. The Upgrade may be offered at a promotional price from time to time, on all or certain pages of the FRU.PL Website, as a limited-time offer, including by displaying a reduced price compared to the standard price (for example, the standard price may be displayed as a strikethrough). The promotional price applies only to the first Upgrade Term beginning after you purchase the Upgrade at the promotional price. The promotional price does not affect the standard price, which will apply to subsequent Upgrade Term renewals. Unless otherwise stated at the time of purchase, after the initial Upgrade Term, the Upgrade will renew at the standard price in effect at the time of purchase of the Upgrade, and you will be charged the applicable payment method.
28.4.3. Promotional offers are temporary, may be modified or withdrawn at any time, and are available exclusively under the specific conditions communicated as part of the promotional campaign. . The availability, duration, and eligibility criteria of such offers are determined at the Company’s sole discretion.
28.5. Upgrade Term and Renewal
The Upgrade is active starting from the Effective Date. The details of Upgrade Term and cancellation options are as follows:
28.5.1 Upgrade Term
Upgrade Term commences from the Effective Date. Upgrade Term automatically renews by a identical subsequent periods as provided in the initial Upgrade Term. The Upgrade Term will be stated in Welcome to Upgrade Email and in User Account. If you are unsure of the specific Upgrade Term that applies to you, you can contact us.
28.5.2. Renewal and Payment Failures
28.5.2.1. The Upgrade Period will renew automatically at the end of each current Upgrade Period, and the Upgrade Fee will be charged to the payment method used by the User when purchasing the Upgrade Service (or to any payment method associated with the User's Account). If, for any reason, payment is not possible, FRU.PL will contact the User to propose an alternative payment method. If the payment method is invalid, the User will be informed of this situation and asked to update it. Until the User provides updated details regarding their chosen payment method, FRU.PL may not be able to renew the Upgrade Period. If the first payment attempt is unsuccessful (e.g., due to insufficient funds or technical issues), FRU.PL will make up to three retry attempts within the next 7 days. The User will be informed of this situation to allow them to update their chosen payment method. If payment is not successfully made within 7 days of the end of the current Upgrade Period, FRU.PL may suspend the Upgrade Service or terminate the agreement for the provision of this Service with immediate effect. In such a case, access to the Upgrade benefits will not be possible until the amount due for the next Upgrade Period is paid
28.5.2.2. FRU.PL will remind User before renewal and provide clear instructions to update payment details if needed.
28.5.3. The User can cancel Upgrade by following the instructions set out in the “Cancellation” section below.
28.6. Cancellation of Upgrade and Withdrawal
28.6 1. Cancellation
28.6.1.1. The User can cancel Upgrade by accessing User Account and choosing the cancellation option. The Upgrade Fee is non-refundable, and the User will retain access to the Upgrade benefits for the duration of current Upgrade Term. However, the Upgrade subscription will not be extended or automatically renewed once this Upgrade Term ends and the User decided to cancel Upgrade.
28.6.1.2. The User may cancel the Upgrade any time before renewal of the Upgrade Term.
28.6.1.3. The right to cancel is separate to a statutory right to withdrawal, which is explained in the “Right to Withdraw” below section.
28.6.1.4. Once the request for the cancellation is made via the User Account, a request will be sent to FRU.PL Booking Center who will check the eligibility of cancellation and the amounts due for refund. FRU will confirm the final status of cancellation request in maximum 3 days. The confirmation will be sent to User’s e-mail address. If, before the termination, no benefits included in the Upgrade were used (i.e. discounts, Trip Protect, etc.), FRU.PL will consider the Upgrade to have been made by mistake, and the User will be entitled to a full refund of the Upgrade Fee for the current Upgrade Term. If any of the benefits included in the Upgrade were used, the Upgrade Fee for the current year is non-refundable, but the User may cancel it to avoid renewal for the following Upgrade Term. In case a refund is eligible, the User will be offered 2 options for refund:FRU.PL Voucher valid for 2 years or cash refund. If the User opt for a FRU.PL Voucher, the User will receive the Voucher invitation on e-mail in maximum 3 days. The User need to accept the invitation and claim the Voucher. If the User opts for a cash refund, the User need to provide FRU.PL with the bank details which belong to the User as the subscriber and holder of the Upgrade . If eligible for refund, a cash refund will be sent to User’s account in maximum 7 days from the moment of providing the valid bank details.
28.7. Right to Withdraw
28.7.1. The User has a withdrawal period of 14 (fourteen) days from the beginning of the first Upgrade Term to withdraw from Upgrade without giving any reason and without additional costs. This right to withdraw is separate from, and in addition to, your right to cancel set out in the “Cancellation” section.
28.7.2. In order to withdraw, it is sufficient to use the cancellation option from the User Account within the withdrawal period.
28.7.3. The User may also withdraw from the Upgrade Service agreement by completing the form provided as Appendix 2 to the Terms and Conditions. The email containing the withdrawal form should be sent from the email address associated with the User Account.
28.7.4. In the event that the User requested that the performance of the Upgrade Service begin before the deadline for withdrawal from the contract for its provision and acknowledged the loss of the right to withdraw in the event of its full performance by FRU.PL, then if the User exercises the right to withdraw from the contract for the provision of Upgrade Services, FRU.PL will refund the Upgrade Fee to the User, reduced by the value of the benefits available under the Upgrade Service, which the User used until the moment of submitting the declaration of withdrawal from the contract or at the time of placing the Order.
28.7.5. If the User withdraws after the expiry of the 14-day withdrawal period, the Upgrade Fee is non-refundable. The User will continue to have access to all Upgrade benefits until the end of current Upgrade Term, but subscription will not renew or extend beyond that Term. In such a case, the declaration of withdrawal from the contract will be tantamount to a declaration of termination of the Upgrade Service.
28.8. Upgrade Fee and Payment
28.8.1. The Upgrade Fee
28.8.1.1. We will store the payment details the User provided when subscribing to Upgrade, as well as those used for any subsequent bookings, for a period indicated in FRU.PL Privacy Policy which is available on FRU.PL Website. If User’s payment method expires, FRU.PL will request updated payment details and will provide all required instructions. The payment details the User provides will be used to collect the Upgrade Fee for any Upgrade Term, as well as for any other payments related to use of the Upgrade.
28.8.1.2. The Upgrade Fee is due and payable in one (1) yearly intervals or other intervals specified when placing the Order with Upgrade Service included. Unless the User cancels the Upgrade Service ten (10) days before the end of the current Upgrade Period, it will automatically renew for another Upgrade Period of the same duration. The User will be notified of the renewal of the Upgrade Period at the time of purchase of the Upgrade Service and reasonably in advance of the renewal of the Upgrade Period. By purchasing the Upgrade Service, the User consents to the automatic renewal of the Upgrade Period and agrees that FRU.PL may collect the Upgrade Fee using the payment method provided by the User
28.8.1.3. The User will only be entitled to benefit from Upgrade during the Upgrade Term provided that the Upgrade Fee has been paid.
28.8.1.4. The User may cancel the Upgrade Service at any time by following the procedure described in this paragraph. Please note that the Upgrade Fee is generally non-refundable.
28.8.1.5. The Upgrade Fee constitutes the cost associated with subscription of the Upgrade for the duration of the Upgrade Term.
28.8.1.6. FRU.PL reserves the right to revise the Upgrade Fee periodically, with respect to future billing periods, and will provide the User with reasonable prior notice of any adjustment before the conclusion of your current Upgrade Term. Any such adjustment to the Upgrade Fee requires an express consent of the User and will become effective at the commencement of renewed Upgrade Term.
28.8.2. Payment
28.8.2.1 FRU.PL will store the payment details the User provided when subscribing to Upgrade, as well as those used for any subsequent bookings. If the User’s payment method expires, FRU.PL will ask to provide updated payment information. To avoid interruptions, the User should update the payment details at least fourteen (14) days before the start of the subsequent Updated Term. The User can manage payment methods directly in the User Account or by following instructions sent by FRU.PL before renewal of the Upgrade Term.
28.8.2.2 The payment details provided by the User, while paying for the Order, will be used to collect the Upgrade Fee for any subsequent Upgrade Term, as well as for any other payments related to use of the Upgrade. If the User’s renewal payment is processed successfully, the Upgrade benefits will continue without interruption. If the payment fails, FRU.PL will notify the User and give adequate period of time to update the payment details before Upgrade benefits are suspended. All the details about the failed payment will be sent to the User after the payment failed.
28.8.2.3 FRU.PL may charge the Upgrade Fee using the payment method associated with the Client’s Upgrade subscription, or any other valid payment method available in your User Account.
28.8.2.4. The payment information provided by the User when selecting Upgrade and when the User Account was created, along with any future reservations made while logged into the User Account, will be securely retained. The User may update or replace the payment information in the User Account at any time, subject to technical availability.
28.8.2.5. Payment details entered into FRU.PL Website must belong to the User, or the User must be authorized to use them for subscribing to Upgrade. By submitting the payment details, the User represents and warrants that the User s authorized to use them and assumes full responsibility for doing so.
28.8.2.6. By paying the Upgrade Fee and subscribing to Upgrade Service, the User agree that FRU.PL may use any valid payment method, used by the User during placing the Order and linked to the User Account, to securely collect the Upgrade Fee for the current and future Upgrade Terms. All payment processing will be conducted in accordance with applicable regulations.
28.8.2.7. If the User’s current payment method becomes invalid or expires, FRU.PL may request the User to update payment details through User Account or via a dedicated payment renewal section. Where applicable, these updated payment credentials may also be used by FRU.PL to process any other booking made during your Upgrade Term, as well as for the upcoming Upgrade Fee at the Upgrade Term end.
28.9. Your Obligations
28.9.1. The User undertakes to use Upgrade and its benefits in good faith, in accordance with these Upgrade specific terms and the general Regulations, and/or applicable laws. In particular, the Client must not use Upgrade in a commercial, abusive, or fraudulent manner. If FRU.PL detects indicators of fraudulent or abusive use of the Upgrade service, it may temporarily suspend the User’s Upgrade subscription and initiate an internal verification. Where the verification confirms that the User has used the Upgrade Service contrary to the provisions of this paragraph, FRU.PL may — after notifying the User — apply corrective measures, including adjustment of the subscription status, cancellation of improperly obtained benefits, or recovery of the related amounts through the original payment method, up to the value of the misused benefits.
28.9.2. FRU.PL takes fraudulent use, commercial use, and other forms of misuse of Upgrade very seriously. If FRU.PL will identify such activity (including, but not limited to, making an unusually high number of bookings inconsistent with personal use, attempting to bypass any restrictions, or attempting to gain an unfair advantage from promotions or Upgrade benefits or reselling the tickets without prior approval of FRU.PL), FRU.PL reserves the right, without prior notice, to:
i) verify the personal nature of your use of Upgrade and its benefits;
ii) suspend or deny your access to Upgrade and its benefits;
iii) unilaterally terminate Upgrade subscription (including renewals);
iv) cancel any bookings made in breach of these Upgrade specific terms ;
v) charge the Client for any services, benefits, or promotions unduly used (for example, the Upgrade Fee or the value of discounts/advantages improperly obtained, such as the Upgrade Price).
28.9.3. Upgrade is reserved exclusively for individuals aged 18 years and older, and solely for private/personal use. The User undertake to use Upgrade and its benefits only for such personal purposes.
28.9.4. The User is expressly prohibited from assigning your Upgrade to a third party, using it in a commercial manner, or using another person’s identity or Upgrade subscription. FRU.PL may transfer or assign any of its rights or obligations under these Upgrade specific terms, without User’s prior consent, to its affiliates (entities that directly or indirectly control, are controlled by, or are under common control with FRU.PL).
28.10. Termination
28.10.1. FRU.PL may terminate Upgrade subscription immediately, without prior notice, if the User breaches these specific terms or if FRU.PL detects misuse, abuse, or fraudulent activity in relation to Upgrade or its benefits.
28.10.2. Termination due to breach, misuse, or fraudulent activity does not entitle the User to any refund of the Upgrade Fee already paid.
28.10.3. If the subscription of the Upgrade is terminated for reasons other than breach, misuse, or fraud (for example, if FRU.PL decides to discontinue the Upgrade program entirely), the User will be entitled to a pro-rated refund of the Upgrade Fee in which case the User will be refunded the equivalent of the remaining months of the Upgrade Term. No refund will be granted if the value of the benefits already used by the User during the current Upgrade Term exceed the abovementioned refund amount.
28.10.4. Upon termination, User’s right to access and use Upgrade and its benefits will cease immediately, and FRU.PL reserves the right to cancel or adjust any bookings or benefits obtained in violation of these Terms.
28.11. Liability
28.11.1. To the maximum extent permitted by law, FRU.PL total liability to the User arising from or in connection with these Terms, Upgrade subscription, or use of Upgrade benefits shall not exceed the total amount of Upgrade Fees the User has paid during the current Upgrade Term.
28.11.2. FRU.PL is not liable for:
i) indirect, incidental, special, or consequential losses (including loss of profit, business, goodwill, or data);
ii) any losses or damages arising from circumstances beyond FRU.PL reasonable control (including but not limited to technical failures, system outages, airline schedule changes, or force majeure events);
iii) services, products, or content provided by third parties, including airlines, hotels, or other partners, even if accessible through Upgrade.
28.12. Applicable Law, Jurisdiction and Alternative Dispute Resolution
These Upgrade Terms are solely governed by Polish law. Any disagreements regarding their interpretation and/or implementation shall fall under the exclusive competence of Polish courts, as per the applicable legal framework in force.
28.13. Other Terms
FRU.PL retains the discretion to modify these Upgrade specific terms and will publish the revised version on our FRU.PL Website. The updated Upgrade terms will take effect immediately in the following circumstances:
a. Upon any new purchase of Upgrade;
b. Upon any renewal of Upgrade, save for the changes in Upgrade Fee, where 28.8.1.6. applies.
FRU.PL charges Service Fee for the provision of the following services:
The amount of the Service Fees, which have been given in the form of a price range, depends on:
Addressee: FRU.PL Spółka Akcyjna with its registered office in Warsaw ("FRU.PL") at street. Al. 29 Listopada 85, 31-406 Cracow, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register under the National Court Register number: 0000308871, having Tax Identification Number (NIP): 5272579301, National Business Registry Number (REGON): 141451213, e-mail: kontakt@fru.pl.
I/We(*) hereby inform about my/our withdrawal from the agreement on the provision of the following service(*):
- Date of entering into the agreement
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if the form is sent in a paper form)
– Date
(*) Cross out if not applicable.
ENTERING INTO INSURANCE AGREEMENT BY THE PARTY OF FRU.PL
Definitions:
§ 1 GENERAL PROVISIONS
§ 2. ENTERING INTO INSURANCE AGREEMENT VIA FRU.PL BOOKING CENTER
§ 3.PREMIUM CALCULATION
§ 4. WITHDRAWAL FROM INSURANCE AGREEMENT
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