1.1 Plusgrade is a marketing contest organised by České aerolinie a.s. with its registered seat at K Letišti 1068/30, Ruzyně, 161 00 Praha 6, Company Reg. No.: 457 95 908, registered in the Commercial Register administered by the Municipal Court in Prague, Section B, Entry 1662 (hereinafter referred to as “Czech Airlines”). The purpose of the contest is to facilitate upgrades of Czech Airlines passengers into higher Travel Class (hereinafter referred to as “the Upgrade”) and marketing campaigns promoting Czech Airlines and its partners. This document outlines the contest Terms and Conditions (hereinafter referred to as “the Terms”).
1.2 The Upgrade is a paid change of a ticket purchased by the passenger for a Czech Airlines operated OK flight via Czech Airlines website www.czechairlines.com and/or www.csa.cz under the Economy Class (hereinafter referred to as “the Ticket”) into Business Class.
1.3 By providing their consent to these Terms and submitting their bid as outlined below, passengers enters into an agreement with Czech Airlines regarding the change of their contract, respectively into a contract regarding their participation in Plusgrade pursuant to conditions stipulated herewith.
2. Personal Data Protection
2.1 To facilitate and evaluate one’s participation in Plusgrade, Czech Airlines must process certain personal data, namely the name, surname, e-mail address, PNR (an electronic transport document of Passenger Name Record), payment card details and other personal data connected with the administration of reservations as listed on the https://www.csa.cz/cz-en/privacy-statement/ website.
2.2 Passengers hereby acknowledge that their personal data as outlined above under 2.1 of these Terms will be submitted to PLUSGRADE L.P. and PLUSGRADE S.E.C. as the companies are in charge of the Plusgrade contest evaluation for Czech Airlines.
2.3 The personal data provided for the purpose of the Plusgrade contest evaluation will be processed by the above-listed companies for three (3) months from the date of completion of the last flight segment on which the passenger participated in Plusgrade.
2.4 Passengers hereby acknowledge that the personal data provided may also be used by Czech Airlines for marketing purposes for a legitimate interest, in particular, but not limited to, forwarding business messages to the passenger’s e-mail address.
2.5 The provided personal data will be processed for marketing purposes until the passenger revokes their consent to the personal data processing, which can be done via every business message-containing e-mail.
2.6 Czech Airlines will be the administrator of the provided personal data, while the companies listed herein, under 2.2 of these Terms, will be the provided personal data processors.
2.7 Your personal data will not be shared with third parties for the purpose of business message forwarding, however, the personal messages sent to your e-mail address may concern, alongside Czech Airlines services and products, products of its partners, such as airlines, car rentals, hotels and payment card providers. The current list of Czech Airlines co-operating partners can be reviewed here.
2.9 You can learn more about Czech Airlines policies related to personal data procesing here. Terms and conditions of personal data processing are subject to the new Regulation (EU) 2016/679 of the European Parliament and of the Council.
3. Plusgrade Participation Prerequisites
3.1 All Czech Airlines passengers over 16 years of age who are citizens of states where participation in such contests is not prohibited by law and who are in legal capacity to enter into the agreement may participate in the Plusgrade contest.
3.2 The contest only concerns Czech Airlines-operated OK-code flights.
3.3 It is only possible to enter the Plusgrade contest using the “My Bookings” application or another channel approved for the passenger by Czech Airlines.
4. Plusgrade Contest and Its Evaluation
4.1 The contest takes the form of an auction where passengers, using the Plusgrade Website Application, submit their bid in EUR for an amount they wish to pay for the Upgrade (hereinafter referred to as “the Bid”).
4.2 The Bid, submitted by a passenger to Czech Airlines, will be recognised by Czech Airlines from the moment of its submission by the passenger until the date and time of the particular flight involved in the Bid unless the passenger cancels or changes the Bid pursuant to these Terms and/or the moment the passenger is moved to a different flight due to their original flight cancellation.
4.3 By submitting their Bid, the passenger enters into an agreement with Czech Airlines regarding their participation in the Plusgrade contest, respectively regarding changes to the transport agreement. The Bid submission is followed by the registration of the passenger in the contest and an e-mail confirmation of the fact.
4.4 Passengers are authorised to change their Bid or withdraw from the contest completely and to do so up to 48 hours to the scheduled departure of the flight involved in the Bid or until the Plusgrade contest results have been announced.
4.5 Czech Airlines, respectively the companies listed under article 2.2 of these Terms, will evaluate the submitted Bids no later than 24 hours prior to the scheduled departure of the flight involved in the Bidding process. The evaluation will primarily, but not exclusively, focus on the amount of money offered for the Upgrade and the amount of money spent on pre-purchased additional services. Czech Airlines may accept the Bid and announce the contest winner at any point from the moment the Bid is submitted by a passenger.
4.6 Upon acceptance of the Bid, a hold will be immediately put on the passenger’s payment card equal to the amount indicated by the passenger in the Bid and new travel documents (an electronic ticket) will be issued by Czech Airlines for the passenger. The final amount charged will include all valid taxes and taxes paid in advance as well as Upgrade fees.
4.7 The funds for the Upgrade may be withdrawn from the passenger’s payment card under the name of Czech Airlines or under a derived name. Passengers hereby confirm that they will not dispute the charge for the Upgrade in events where the name of the subject drawing the funds listed on the payment card statement varies from the above-listed name stating the fact that the name vary as their reason for dispute.
4.8 Passengers are not authorised to transfer the Upgrade issued by Czech Airlines to third parties.
4.9 Czech Airlines reserves the right to decide on the winner of the Plusgrade contest at its sole discretion irrespective of whether or not there are free seats in the Business Class section of the particular flight involved in the Bid submitted by the passenger.
4.10 Czech Airlines will notify the passenger of their successful or unsuccessful participation in the contest by e-mail delivered as per the timeframe stipulated under article 4.5 of these Terms.
4.11 Passengers who do not succeed in the contest are not charged the Bid submitted.
4.12 In the event that the passenger withdraws from the agreement on their participation in the Plusgrade contest, cancels or changes their Bid after the contest has been finalised, they are obliged to pay the amount stipulated in their originally submitted Bid.
4.13 In the event that the flight involved in the Bid is cancelled by Czech Airlines and the passenger is booked to another OK flight operated by Czech Airlines (hereinafter referred to as “the New Flight”), the Bid submitted by the passenger to Czech Airlines and accepted by Czech Airlines (i.e. the Upgrade awarded to the passenger) is transferred to the New Flight.
5. Returning Bids to Passengers
5.1 In cases where Czech Airlines accepts the Bid from a passenger and the funds equal to the Bid are withdrawn from the passenger’s payment card, it is not possible to return the amount withdrawn or make it subject to a credit with the exception of the below-listed examples:
5.2 In cases where the Bid is returned by Czech Airlines, the current exchange rate of the bank which has issued the passenger’s payment card (hereinafter referred to as “the Exchange Rate”) is used to calculate the Bid amount. The Exchange Rate may be adjusted to reflect the currency exchange fee and additional fees charged by Czech Airlines. The refunded amount will not exceed the amount submitted as the Bid by the passenger and originally charged for the Upgrade in the currency set forth by the contest Terms, i.e. EUR.
5.3 The tariff conditions of the originally purchased ticket by the passenger for an OK flight operated by Czech Airlines (hereinafter referred to as “the Tariff Conditions”) remain valid and in effect and will be applied in cases where the Bid submitted by the passenger is accepted, the passenger wins the Plusgrade contest, but for reasons on the Czech Airlines’ side, the passenger is not provided with the Upgrade.
5.4 In cases where Czech Airlines accepts the Bid submitted by the passenger and the passenger’s payment card is charged the amount stipulated in the Bid, but Czech Airlines does not provide the passenger with the Upgrade, the passenger is authorised to request a refund provided all refund prerequisites as stipulated in these Terms are met. Passengers who request a refund commit to show Czech Airlines the original boarding pass for the flight on which the Upgrade should have been provided. If the passenger fails to present the boarding pass for the flight in question, it will not be possible to process the refund. Passengers may request refunds via Czech Airlines Contact Centre at: +420 284 000 601, firstname.lastname@example.org seven (7) work days from the date of the respective flight at the latest.
6. Additional Rights and Obligations
6.1 Czech Airlines will make every effort to provide all services connected with transport under the Business Class tier to passengers whose Bid was accepted by Czech Airlines (winners of the Plusgrade contest) awarded the Business Class Upgrade.
6.2 The rights and obligations pursuant to this contractual relationship are subject to the Czech legislation, namely to Act No. 89/2012 Coll., the Civil Code, as amended.
6.3 Czech Airlines reserves the right to change and/or amend these Terms at any time without notice. All amendments and changes to the Terms will be published on Czech Airlines’ websites www.csa.cz, www.czechairlines.com seven (7) calendar days prior to their effect at the latest.
6.4 Czech Airlines is the sole and ultimate authority for the interpretation of these Terms.
6.5 In case of disputes arising from the Plusgrade contest, passengers are entitled to refer to out-of-court dispute resolution at the Czech Trade Inspection or on the online dispute resolution platform. Detailed information on out-of-court dispute resolution and on online dispute resolution is available at www.coi.cz and at http://ec.europa.eu/odr.
6.6 Passengers in breach of these Terms are obliged to compensate Czech Airlines for the damage incurred and bear full responsibility for all related consequences. In the event of breach of these Terms, Czech Airlines is authorised to exclude passengers from participating in the Plusgrade contest. In such a case, passengers lose all rights that result from their participation in the Plusgrade contest.
6.7 Full and up-to-date wording of these Terms can be found on Czech Airlines’ websites www.csa.cz, www.czechairlines.com.
6.8 These Terms become valid and come into effect as at 20 May 2018.
6.9 By submitting their Bid, the passenger confirms their acceptance of these Terms and commits to follow them.