LEGAL NOTICE
I. OBJECT
This legal notice regulates the use of the web services that SPANAIR, S.A. makes available to users via the Internet website www.spanair.com (hereinafter the Website), with a view to providing corporate information and company and associate company related services (hereinafter general information Services) and other value added services like, for example, ticket booking/sales service, Spanair Plus service, etc., which are described in clause four of this Legal Notice (hereinafter Value Added Services). These services as a whole will be referred to as the Services.
SPANAIR, S.A. (hereinafter, SPANAIR), with tax identification code number C.I.F. A-07225154, with registered offices at Aeropuerto Son Sant Joan Airport, Edificio Spanair, 07000 Palma de Mallorca, and registered in the Companies Registry of the Balearic Islands in Volume 646, Book 562, Section 3, Sheet 1447. If you would like to contact SPANAIR, you can do so at the following telephone number 902 13 14 15 or, if you prefer, by e-mail at reservas@spanair.com.
Use of the Website conveys the visitor the status of “user”, which implies the acceptance of the Legal Notice in the version published by SPANAIR at the time of accessing said Website. SPANAIR reserves the right to modify the presentation and layout of the Website or of this Legal Notice at any time. SPANAIR therefore recommends that the user read the Legal Notice carefully each time he/she accesses the Website.
Access to certain Services, in particular to Value Added Services, offered on the Website may be subject to certain general conditions that, depending on the case in question, may substitute, complete and/or modify this Legal Notice. In consequence, prior to accessing and/or using said Services, the user must also read the corresponding general conditions with care.
II. ACCESS AND SECURITY
Access to certain Value Added Services may require prior registration by the user.
In this case, the user may choose his own identifier and password. To choose an identifier, the user may not use any expression, word or set of letters that may be insulting, offensive or against the law, immoral or indecent. Neither may he use trademarks, the signs of establishments, advertising expressions, the names or pseudonyms of public or well-known personalities without their authorisation. SPANAIR will assign the user the identifier he has chosen, provided that it has not been chosen previously by another user.
The use of a password is personal and may not be transferred to another person or entity, and it may not to assigned, even temporarily to a third party. In this sense, the user undertakes to make diligent use of his password and to keep it secret, assuming all and any liability that may arise from its disclosure to third parties.
Should the user know or suspect that his/her password is being used by a third party, he/she should inform SPANAIR of this fact as soon as possible.
The user will loose his selected identifier if he/she should fail to use it for any of the Website Services for a period of six months, and said identifier may be chosen by a new user.
III. CORRECT USE OF SERVICES
The user undertakes to make diligent, correct and licit use of the Services and, in particular, merely as a non exhaustive statement, he undertakes to abstain from:
(a) using the Services in any way or with any purpose or aim that is illegal, or generally accepted to be immoral, indecent or in breach of the peace;
(b) reproducing or copying, distributing or allowing public access to the Services, by any form of public communication, or to transform or modify them, unless he/she has the authorisation of the author of the corresponding rights or such action is legally permitted;
(c) violating intellectual or industrial property rights belonging to SPANAIR or to third parties.
(d) using the Services and, in particular, the information of any kind obtained from the Website for sending publicity, communications for the purpose of direct sales or any other kind of commercial end, unsolicited messages address to a plurality of people, regardless of their purpose, or to trade or disclose said information in any way.
The user shall be liable for all and any kind of damages that SPANAIR may suffer, directly or indirectly, as a consequence of not complying with any of the obligations arising from this Legal Notice, the corresponding general conditions or the law with regard to the use of the Website.
At all times, SPANAIR will ensure respect for the legislation in force, and will be entitled to interrupt the Services, entirely at its own discretion, or exclude the user from the Website in the case he/she presumably commits, be this complete or incomplete, of any of the crimes or misdemeanours defined in the Penal Code currently in force, or in the case of observing any kind of conduct that, in the opinion of SPANAIR may be immoral, indecent, in breach of the peace or against the SPANAIR in-house regulations, or those of its collaborators, or may interfere with the normal operations, image or credibility and/or prestige of SPANAIR or its collaborators.
IV. NATURE OF THE VALUE ADDED SERVICES.
The Valued Added Services shall be governed by their General Terms & Conditions and, for anything that is not established in these, or for those issues that are not specifically opposed to them, by this Legal Notice. Notwithstanding the above, those services provided by SPANAIR for which general conditions have not been established, shall be governed by the contents of this Legal Notice.
These Value Added Services include the following:
-Ticket booking service
-Spanair Plus service
-Spanair Pass
-Express Check-in
-Metro – Madrid Check-in
-Business Avant Class
The provision of these Services by SPANAIR may be free of charge or remunerated. In any event, these Services may cease to be provided free of charge at any time and/or other new services may be offered in exchange for a payment, whether said Services are provided by SPANAIR or by a third party under their own responsibility.
For all the Services that require registration, SPANAIR may extinguish accounts and eliminate the Services and user information if said accounts and services are inactive or not used. In particular, SPANAIR may extinguish accounts and delete files if the aforementioned Service has not been accessed in over six months from the time of registration.
V. PROPERTY RIGHTS
All contents of the Website, such as texts, graphics, photographs, logos, icons, images, graphic designs, source code and software, are the exclusive property of SPANAIR or of third parties whose rights are recognised by SPANAIR, and they are subject to intellectual and industrial property rights protected by national and international legislation. .
The use of any element subject to industrial and intellectual property rights for commercial purposes or for distribution, modification, alteration or de-compilation, is strictly forbidden
The infringement of any of the aforesaid rights may constitute a violation of these clauses or a crime punishable in accordance with articles 270 and following of the Penal Code.
Any users sending remarks, opinions or comment to the Website by email or any other means, for the cases in which the nature of the Services makes this possible, it is understood that said users authorise SPANAIR to reproduce, distribute, publicly communicate, transform or use in any way, said remarks, opinions or comments for the full period of protection of authors’ rights established by law and without any kind of territorial limit. It is also understood that this authorisation is granted free of charge.
Any complaints that may be brought by users, in relation to possible infringements of intellectual or industrial property rights over any of the Services provided on this Website, should be sent to the following email address: reservas@spanair.es
VI. PRIVACY POLICY
Being fully aware of the use and treatment that should be given to data of a personal nature, and by virtue of the existing pertinent legislation, SPANAIR has implemented a system in its organisation to preserve the security, integrity and confidentiality of all data considered personal.
VI.1. Privacy and Confidentiality
SPANAIR hereby informs users that all and any data provided to us through any of our Services will be included in a file owned by this company, with registered offices at Aeropuerto Son San Joan, Edificio Spanair, 07000 Palma de Mallorca. Said data will be used for managing relations with users, for extending and improving Services and for sending information by any means, including electronic mail or equivalent means, about SPANAIR products and services, specific advertising that may be of interest and for undertaking quality control studies or satisfaction surveys. In the case of commercial communications by email, or equivalent means, the fact that the user has provided SPANAIR with his data is equivalent to providing his express authorisation for sending advertising and publicity material via said means.
The user may revoke his consent for receiving the aforementioned information by electronic mail, or equivalent electronic means, by sending a notification to that effect to the following address: :info@spanair.es
SPANAIR also informs users of the possibility of communicating their data to other SPANAIR parent companies in the transport, services, hotel and catering and leisure industries for the purpose of managing the requested services. Furthermore, the user expressly authorises SPANAIR parent companies to inform you, by any means, including e-mail or equivalent electronic means, of the products and services they market in the area of their business activities.
The user may access, rectify, erase or oppose to the processing of his/her personal data by sending the duly completed form that SPANAIR places at his disposition by mail (ordinary or registered mail) to: Dirección de Marketing de SPANAIR, S.A., Aeropuerto de Son Sant Joan, Edificio Spanair, post office box number 50086, 07611 Palma de Mallorca, Spain.(Click here to access our form).
SPANAIR hereby informs users that the collection of such data is not compulsory for the Website Services to be provided. However, not filling in said data may prevent SPANAIR from providing all those Services that are associated with said data, excluding SPANAIR from all liability for the non provision or incomplete provision of these Services.
In any event, the user will be liable for the truthfulness of all data provided and SPANAIR reserves the right to exclude all users who have provided false data from the registered Services, notwithstanding any other actions the company may be entitled to take in Law.
VI.2. Personal data and use of cookies by spanair.com
We wish to inform you that in accordance with prevailing legislation in certain countries, in the case of flights originating, ending or with stopovers in those countries, the personal data included in your passenger name record (PNR) may be provided to the customs office or corresponding authority upon their formal request.
SPANAIR records the IP address of each visitor accessing the website. This is done exclusively for internal purposes, such as access and market segmentation statistics. SPANAIR does not associate IP addresses with any personal client data. SPANAIR may provide information on website traffic to third parties, providing this information does not compromise the anonymity of users. This information may include data on number of visits to a specific area within the website and traffic flows and tendencies.
Access to the website may entail use of cookies. Cookies are small parcels of data sent by servers and stored in users’ web browsers for subsequent recall of information by that particular server. Cookies generally expire after a certain period of time. Cookies do not provide information on users’ telephone numbers, e-mail addresses, or any other contact information. Cookies are unable to extract information from the user’s hard drive or pass on any personal information. Users are able to configure their browsers to reject cookies or to inform of their presence.
This webpage uses Google Analytics, a web analysis service offered by Google, Inc., a Delaware company located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (hereinafter Google). Google Analytics uses cookies, which are parcels of text saved in the user’s computer, to help website owners analyse how their sites are used. Data generated by cookies on website use (including users’ IP addresses) is sent directly to and archived by Google in its US-based
VII. GUARANTEE AND LIABILITY DISCLAIMERS
SPANAIR reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services this provides, at any time without prior notice, either for technical reasons or for reasons of security, control, maintenance, failure in the electricity supply or for any other motive.
Consequently, SPANAIR does not guarantee the reliability, availability or continuity of its Website or of its Services, so users use these at their own risk and SPANAIR may not be held responsible in this sense.
SPANAIR will not be liable for any interruptions in Services, delays, errors, malfunction of Services or, in general, any other problems caused by elements beyond the control of SPANAIR and/or due to a fraudulent action or misuse by the user and/or which is caused by an Act of God. Notwithstanding article 1105 of the Civil Code, the concept of Act of God is also understood to include, for the purposes of this Legal Notice, all events occurring beyond the control of SPANAIR, such as: failure of third parties, operators or service companies, acts of Government, lack of access to the networks of third parties, the acts or omissions of the Public Authorities, all other events occurring as a consequence of natural phenomena, black outs, etc. or the attacks of hackers or third parties specialised in computer system security or integrity, provided that SPANAIR has adopted all reasonable security measures in accordance with the state of the art. In any event, whatever the cause may be, SPANAIR will accept no liability for direct or indirect damages, or loss of profits.
SPANAIR excludes any liability for damages of any kind that may be due to lack of truth, accuracy, completeness and/or update of the Services transmitted, disclosed, stored, made available or received, obtained or accessed via the Website or for the Services provided or offered by third parties or entities. SPANAIR will try, as far as possible, to refresh and rectify all information hosted on the Website that does not offer a minimum guarantee of truthfulness. However, SPANAIR will be exonerated of all liability arising from not maintaining said information up to date or rectified, and will accept no responsibility for the contents or information contained therein. In this sense, SPANAIR is not obliged to check, and does not check, the contents transmitted, disclosed or made available to third parties by users or collaborators, except in the circumstances in which this is required by law, or when this is required by a competent Judicial or Administrative Authority.
SPANAIR does not guarantee the Services of third parties obtained through connections or links to other sites, nor does it accept any kind of liability for any damages suffered from accessing these. The function of the links that appear on the SPANAIR site is exclusively to inform users of the existence of other sources of information on the Internet, where they can enhance the data offered by the Website. Under no circumstances will SPANAIR be liable for the results obtained via said links or for any consequences deriving from users accessing them. These third party Services are provided by said third parties, so SPANAIR cannot, and does not, check the legitimacy of these Services or their quality. Consequently, users should use all possible caution in evaluating and using the information and services contained in the contents generated by third parties.
SPANAIR also excludes all and any liability for damages of any kind that may be due to the presence of virus or other harmful elements in the contents that may affect computer systems and the documents and systems stored therein.
SPANAIR accepts no liability for the use the user may make of the Website Services, his passwords or any other material thereof, which may infringe the intellectual or industrial property rights, or any other rights, of third parties.
VIII. APPLICABLE LAW AND JURISDICTION
For any disputes of interpretation or litigation that may arise, the applicable law will be Spanish Law, and all said disputes will be resolved through Legal Arbitration, within the framework of the Spanish Association of Technological Arbitration (ARBITEC). The controversy will be decided by an arbitrator who will be designated by ARBITEC, in accordance with its Regulations and Statutes.
The arbitration will be governed in accordance with the procedure established in the ARBITEC Arbitration Regulations and with the Arbitration Act, Law 60/2003, of the 23rd of December, and may be undertaken through the Internet, or using any other telemetric means. The arbitration will be held in Madrid and the working language will be Spanish.
The parties involved in the conflict will ask ARBITEC to include an express decision in their ruling, concerning the costs of arbitration; this decision shall be proportional to the consideration given by ARBITEC to the pretensions of the parties.
The parties involved in the conflict undertake to accept and comply with the award. Should it prove necessary to formalise or legally execute the award, the parties accept the Courts and Tribunals of the City of Madrid for these proceedings.
In any event, the parties maintain their right to ask the ordinary jurisdiction to take any preliminary measures they may see fit, in accordance with the Civil Procedures Act, Law 1/2000, of the 7th of January.
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