I. PURPOSE
II. ACCESS AND SECURITY
III. PROPER USE OF THE SERVICES
IV. NATURE OF THE VALUE ADDED SERVICES
V. PROPERTY RIGHTS
VI. PRIVACY POLICY
VII. EXCLUSION FROM WARRANTIES AND LIABILITY
VIII. APPLICABLE LAW AND JURISDICTION
IX. INTERNATIONAL CARRIAGE TERMS AND CONDITIONS
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I. PURPOSE
This Legal Notice regulates the use of the Web services that SPANAIR, S.A. places at the disposal of users via the Internet portal www.spanair.com (hereinafter, the Portal), in order to provide them with corporate information and other services related to the company and associated companies (hereinafter, general information Services) as well as other value added services such as, for example, the service for the reservation/purchase of tickets, the Spanair Plus service, etc., described in Clause Four of this Legal Notice (hereinafter, Value Added Services). All these services will hereinafter be jointly referred to as the Services.
SPANAIR, S.A. (hereinafter, SPANAIR), with Tax Identification Number A-07225154, has its registered offices in SPANAIR Passeig de Gràcia, num. 2 - Planta 2 08021 – BARCELONA and is registered in the Companies Register of the Balearic Islands, Volume 646, Book 562, Section 3, Page 1447.
If you wish to contact SPANAIR you may do so through the Spanair Center.
SPANAIR has the corresponding operating license under reference number A.7/93 for the commercial air carriage of passengers, cargo and/or mail, granted on 13 December 1993 by resolution of the Directorate General of Civil Aviation in application of Regulation (EC) No. 2407/92, 23 July, on the licensing of air carriers, and by Order of the Ministry of Development dated 12 March 1998, which establishes the rules for the granting and maintenance of such licenses.
The use of the Portal attributes the navigator with user status, which entails the adhesion to the Legal Notice in the version published at the moment of access thereto. SPANAIR reserves the right to amend, at any time, the presentation and configuration of the Portal, as well as this Legal Notice. SPANAIR therefore recommends that the user read this carefully each time the Portal is accessed.
The access to given Services offered via the Portal, in particular Value Added Services, may be subject to certain general conditions of their own which, according to the case, may replace, complete and/or amend this Legal Notice. Therefore, prior to the access and/or use of such Services, the user should likewise carefully read the corresponding general conditions.
II. ACCESS AND SECURITY
The access to given Value Added Services may require prior registration by the user.
In this case, the user will select his/her own username and password. For the choice of the username, the user may not choose expressions, words or sets of letters that may be insulting, offensive or contrary to the Law, decency and good conduct. Neither may he/she use trademarks, establishment signs, advertising expressions, names and pseudonyms of public or known figures without their authorization. SPANAIR will assign the username chosen by the user providing another user has not previously chosen it.
The use of the password is personal and nontransferable, and its assignment, albeit temporary, to third parties is prohibited. To such regard, the user undertakes to make diligent use and maintain the secrecy of this, assuming all liability for the consequences of its disclosure to third parties.
If the user becomes aware of or suspects the use of his/her password by third parties, he/she should bring such circumstance to the knowledge of SPANAIR as soon as possible.
III. PROPER USE OF THE SERVICES
The user undertakes to use the Services in a diligent, correct and lawful manner and, in particular, for illustrative purposes and without being limited thereto, undertakes to refrain from:
(a) utilizing the Services in a manner, for purposes and effects contrary to the Law, decency and generally accepted good conduct or public order;
(b) reproducing or copying, distributing, allowing public access by any form of public communication, transforming or modifying the Services, without the authorization of the holder of the corresponding rights or unless this is legally permitted;
(c) infringing the intellectual or industrial property rights belonging to SPANAIR or to third parties.
(d) using the Services and, in particular, information of any type obtained via the Portal to send advertising, direct sales notices or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of the purpose thereof, as well marketing or in any other way disclosing such information.
The user will be liable for damages of any type that SPANAIR may directly or indirectly sustain as a result of the breach of any of the obligations deriving from the Legal Notice, the corresponding general conditions or the Law in relation to the use of the Portal.
SPANAIR will at all times monitor the respect for the legal system in force, and will be legitimated at its entire discretion to interrupt the Services or exclude the user from the Portal in case of the complete or incomplete commission of any of the offenses or faults typified by the Criminal Code in force, or in the event of the observance of any conducts that, in the opinion of SPANAIR, are contrary to decency, order, good conduct or the internal rules of SPANAIR or its collaborators or that may disrupt the proper operation, image, credibility and/or prestige of SPANAIR or its collaborators.
IV. NATURE OF THE VALUE ADDED SERVICES
The Value Added Services will be governed by the provisions of their general contracting conditions and, for anything not provided therein or contrary thereto, by this Legal Notice. Nevertheless, those Services rendered by SPANAIR for which general conditions have not been established will be governed by the provisions of this Legal Notice.
Among others, these Value Added Services are as follows:
-Reservation/ticket purchase service
-Spanair Plus service
-Spanair Pass
-Express Check-in (machines in the airports)
-Mobile Check-in (in spanair.mobi)
-Web Check-in (in spanair.com)
-Business and Avant classes
The rendering of these Services by SPANAIR may be free-of-charge or for a price. In any event, these Services may lose their gratuitous nature at any time and/or other, new ones may be offered for the payment of a price, whether supplied by SPANAIR or by third parties under its responsibility.
SPANAIR does not generate any electronic document on the use of these Services, whereby neither its file nor access thereto by third parties is possible.
Regarding those Services for which registration is mandatory, SPANAIR may terminate accounts and eliminate the Services and user information for reasons of inactivity or nonuse. Specifically SPANAIR may terminate the accounts and eliminate files if more than 6 months has elapsed since registration without any access to the aforementioned Service.
V. PROPERTY RIGHTS
All content of the Portal, such as texts, graphics, photographs, logotypes, icons, images as well as the graphic design, source code and software are the exclusive property of SPANAIR or third parties whose rights are recognized by SPANAIR, and are subject to intellectual and industrial property rights protected by national and international legislation.
The use of all elements covered by industrial and intellectual property rights for commercial purposes as well as the distribution, modification, alteration or decompilation thereof is strictly prohibited.
The infringement of any of the aforementioned rights may constitute a breach of these provisions, as well as an offense punishable in accordance with Article 270 et seq of the Criminal Code.
It is understood that those users who provide the Portal with observations, opinions or commentaries by the email service or by any other means, in those cases in which this is possible given the nature of the Services, authorize SPANAIR in terms of the reproduction, distribution, public communication, transformation, and exercise of any operating right, relative to such observations, opinions or comments, for the duration of the protection of the copyright as envisaged by law and without territorial limits. It is likewise understood that this authorization is granted free-of-charge.
Any claims that may be filed by the users in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Portal, should be submitted by fulfilling and sending the following online questionnaire: Complaints and claims form.
VI. PRIVACY POLICY
Spanair, fully conscious of the use and handling that should be given to personal data and by virtue of legislation in existence to this respect, has implemented a system in its organization to preserve the security, integrity and confidentiality of any data considered personal.
VI.1. Privacy and Confidentiality
SPANAIR informs the users that the data furnished to us by means of any of our Services will be included in an automated file property of this company, with registered offices in SPANAIR Passeig de Gràcia, no. 2 - Planta 208021 – BARCELONA.
Such data will be utilized for managing the relationship with users, to expand and improve the Services, to manage their contact with us, to attend to their requests, and for future deliveries, even following the conclusion of our relationship if you do not state otherwise by means of the procedure authorized in each case, of information by any means, including email or equivalent means, of the products and services of SPANAIR, of specific advertising from air carriage sectors or on travel-related products or services that could be of their interest, as well as for the performance of quality studies and satisfaction surveys, profile analysis and segmentation. In the event of commercial communications via email or equivalent means, furnishing your data to Spanair is the equivalent of your express authorization for the delivery of advertising by such means.
If you seek to contract the complementary services offered by third companies such as, for example and without being limited thereto, automobile rentals or hotel, you are hereby informed and accept (i) that your data may be communicated between Spanair and the corresponding company and vice versa for the purpose, if necessary, of the management of general administration, maintenance, development, control of the business relationship and, if necessary, for the rendering of the services (ii) that this legal information does not exclude any other legal information, privacy policy, disclaimer, conditions of use and/or contracting of the web of the partner (iii) that the third companies may be located anywhere in the world (iv) that the contracting may be performed on the Spanair website, on the web of the partner or a link may simply exist to the web of the partner (v) if you provide us with personal data of a third party you shall have previously informed him and obtained his consent to the points set forth herein.
By furnishing information on this website owing to the contracting and rendering of any service, the user is authorizing the reception of communications and services that may be sent by Spanair by email or telephone.
The consent of the user to receive the aforementioned information by email or equivalent electronic means may be revoked by means of the delivery of the following completed form: Cancellation form
Such data may be utilized on an international level among the various Spanair representation offices and by other entities contracted by Spanair to render the service. Spanair may also furnish your data to third parties in compliance with any legal obligations in existence.
The user may access his/her personal data, rectify, cancel or oppose the processing thereof by sending via mail (ordinary or certified) the form*, duly completed, that SPANAIR places at your disposal, to the Dirección de Marketing de SPANAIR, S.A., Plaza Europa 54-56, 08902 L'Hospitalet de Llobregat-Barcelona, Spain.
SPANAIR notifies the user of the non-obligatory nature of the collection of such data for the rendering of the Services on the Portal. Nevertheless, the failure to provide such data may prevent SPANAIR from rendering all those Services associated with such data, releasing it from any liability for the non-rendering or incomplete rendering of these Services. If the User should provide his/her email to obtain any service, Spanair will offer the user the option of refusing to receive any type of communications.
The user will in all cases be liable for the veracity of the data furnished, and SPANAIR reserves the right to exclude any user from the registered Services who has furnished false data, without prejudice to any other appropriate legal actions.
VI.2. Personal data and the use of cookies in spanair.com
You are hereby advised that in accordance with the Legislation of some countries, your personal data included in the PNR (reservation), may be furnished to the Customs Department or competent Authority that formally requests it, if your flight originates, terminates or has a stopover in one of those countries.
Spanair registers the IP address (that every visitor has upon accessing the website) exclusively for internal purposes, such as access statistics and market segmentation. Spanair does not associate IP addresses with information that is personally identifiable, and may provide third parties with informative extracts of the traffic to this website that do not affect the anonymity of the user, with data on the number of visits to a given section off the site, traffic flows and tendencies, etc.
The access to this website may entail the use of cookies. Cookies are small quantities of information stored in the navigator used by each user so that the server may recall certain information that only the server that implemented it may subsequently read. In general, cookies are of limited duration. No cookie makes it possible to establish telephone contact with the user, his/her email address or any other means of contact. No cookie may extract information from the hard drive of the user or rob personal information. Those users who do not wish to receive cookies or wish to be informed of the establishment thereof may configure their navigator accordingly.
This website utilizes Google Analytics, an analytical web service provided by Google, Inc., a company in Delaware whose headquarters are at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States ("Google"). Google Analytics uses "cookies", which are text files located in your computer, to assist the website in analysing the use made by users of the website.
The information that the cookie generates on your use of the website (including your IP address) will be directly transmitted and filed by Google in the servers in the United States. Google will use this information on our behalf to track your use of the website, collect reports on the activity of the website and provide other services regarding the activity of the website and the use of Internet. Google may transmit such information to third parties when so required by legislation, or when such third parties process the information on behalf of Google. Google will not associate your IP address with any other data it has.
This web may make use of "tracking tags" on given pages for the gauging and optimization of the results of marketing campaigns, without storing personal information on the user in any case.
You may refuse the processing of data or information by rejecting the use of cookies by selecting the appropriate configuration of your navigator. However you should know that if you do this you may not be able to use the full functionality of this website. By using this website you consent to the processing of your information by Google in the manner and for the purposes indicated above.
VII. EXCLUSION FROM WARRANTIES AND LIABILITY
SPANAIR reserves the right to interrupt access to the Portal, as well as any or all of the Services rendered by means thereof at any time and without prior notice, whether for technical, security, control or maintenance reasons, failures in the power supply or for any other reason.
SPANAIR will not be liable in the event of interruptions to the Services, delays, errors, malfunctioning thereof and, in general, any other inconveniences arising from causes beyond the control of SPANAIR, and/or due to a fraudulent or negligent act of the user and/or due to causes of Force Majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, for the purposes of this Legal Notice the concept of Force Majeure shall furthermore include all those events occurring beyond the control of SPANAIR, such as: failures of third parties, operators or service companies, Government acts, lack of access to third party networks, acts or omissions of Public Authorities, any others occurring as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, providing that SPANAIR has adopted reasonable security measures in accordance with the state of the art. In any event, regardless of the cause thereof, SPANAIR will assume no liability whatsoever for direct or indirect damages, consequential damages and/or loss of profit.
SPANAIR excludes any liability for damages of any type that may be due to the lack of veracity, accuracy, thoroughness and/or currency of the Services transmitted, stored, placed at disposal or received, obtained or that may have been accessed via the Portal as well as for Services rendered or offered by third persons or entities. SPANAIR will endeavour insofar as is possible to update and rectify any information housed in its Portal that does not comply with the minimum guarantees of veracity. To this regard, SPANAIR has no obligation to control and does not control the content transmitted, disclosed or placed at the disposal of third parties by users or collaborators, except in those cases in which legislation in force so requires or when required by a competent Legal or Administrative Authority.
SPANAIR does not guarantee or assume any type of liability for any damages sustained by the access to third party Services via connections, ties or links from linked sites. The function of any links appearing in SPANAIR is exclusively to inform the user on the existence of other sources of information on Internet, where it may expand on the data offered by the Portal. SPANAIR will in no case be liable for the result obtained via such links or for the consequences arising from the access by users thereto. These third party Services are furnished by them, whereby SPANAIR cannot and does not control the lawfulness of the Services or their quality. Consequently, the user should employ increased diligence in the evaluation and utilization of the information and services existing in third party content.
SPANAIR likewise excludes any liability for damages of any type that may be due to the presence of a virus or the presence of other harmful elements in the content that may cause alterations to the computer systems as well as to the documents or systems stored in them.
SPANAIR is not liable for the use that the user may make of the Portal Services or of his/her passwords, as well as any other material thereof, that infringes intellectual or industrial property or any other type of third party right.
VIII. APPLICABLE LAW AND JURISDICTION
Spanish law will be applicable. For those cases in which legislation envisages the possibility of the parties to submit to jurisdiction, both parties submit to the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving any other that may be available to them.
VIIII. INTERNATIONAL CARRIAGE TERMS AND CONDITIONS
International Carriage Terms and Conditions to and from Canada.