Terms Of Service

Last Update: 2024-03-27 17:28:00

eLandFly is not a travel agency and, therefore, is not responsible for offering, setting or controlling the prices that apply to offers or searches.

About eLandfly

eLandfly (hereinafter referred to as we according to the context) and in compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, hereby declares elandfly.es, elandfly.com and eLandFly's Android and iOS applications as a personal website managed by Álvaro Tomás Marín Vílchez with address in Madrid (Spain). We offer a flight search service to travellers from all over the world. These terms apply to our websites and applications.

eLandFly is not a travel agency and therefore is not responsible for offering, setting, or controlling the prices that apply to any of the offers or flight search results. These third party travel products are offered independently by travel agencies or airlines and are subject to the terms and conditions of those companies.
Our brand, website and applications are the property of Álvaro Tomás Marín Vílchez.

These terms and conditions

These terms and conditions govern your access to and use of our Websites and Apps, together with our privacy policy and cookie policy. By accessing or using the Websites and Apps, you confirm that you have read and understood these Terms of Service, Privacy Policy and Cookie Policy and that you accept them.

These Terms may be modified at any time. If these Terms are modified, we will post the revised terms and conditions, and you will be deemed to have accepted the modifications if you continue to use our Websites or Applications after the modifications have been posted. If you do not agree to all of these Terms, you must immediately leave our Site or uninstall our Applications and you will not be able to use our Services.

Use of our Services

You may only use our Websites or Applications in accordance with applicable law and for lawful purposes. In connection with your acceptance of these Terms, we will grant you a non-transferable, non-exclusive license to download, access and use our Websites and Apps for personal, non-commercial and no other purposes. We will grant you this license if you agree that you will not do the following:

  1. Use our Webs or Apps for any purpose that is improper, unlawful or to publish or broadcast any material (i) that is defamatory, offensive, obscene or otherwise objectionable; (ii) that violates confidentiality, privacy or third party rights, such as copyright, trademark rights or any other intellectual property rights; (iii) that is posted, shared or disseminated for the purpose of promoting yourself or any third party; (iv) that misleads or misrepresents your identity, or in any way suggests that you are sponsored by, associated or connected with eLandFly; or (v) to which you do not have the necessary rights or permissions to post.
  2. Use our Websites or Applications for commercial purposes or otherwise damage or disparage eLandFly.
  3. Disassemble, reverse engineer or otherwise decompile software, applications, upgrades or hardware included or available on our Websites and Applications, except as permitted by law.
  4. Copy, distribute, communicate to the public, sell, rent, loan or otherwise use our Websites or Apps, or attempt to violate or circumvent security measures employed to restrict access to or use of them.
  5. Use or interfere with our Webs and Applications in any way that could damage, disable, overburden, impair or compromise our systems and security, or affect other users.
  6. Introduce or transmit on our Websites and Applications any harmful or malicious code, virus, worm, Trojan horse, or denial of service attack or spam.
  7. Remove, modify or substitute any notice of authorship, trademark, trade name, company name, logo or other designation of origin on our Websites and Applications, nor make the same as a product of any third party or attempt to do so.

You also agree not to use any unauthorized automated computer software, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our Websites and Applications or the data contained therein. eLandFly has invested heavily in collecting, processing and presenting thousands of travel data providers, and provides access to travel data through a commercial API, so any breach of this provision is a serious breach of these terms. eLandFly reserves the right to take technical and legal steps to detect and restrict unauthorized automated access to our Websites and Applications.

By registering on our Websites and Applications with an account and login password, you are responsible for keeping such password and login details confidential and secure. If you detect or suspect, for any reason, that the security of your login details has been compromised, please notify us immediately via our Helpdesk.

Our Websites and Applications are not intended for children under the age of 16. In addition, no one under the age of 16 should provide data to or through our Websites and Apps. We do not knowingly collect personal data from children under the age of 16 and, if we become aware that we have done so or have received personal data from a child under the age of 16, we will delete it as set forth in our Privacy Policy.

To the extent that any part of our Websites or Apps is published on a third party website (e.g. Facebook or other social network) and there are separate terms of use in relation to that website, you agree to abide by those terms and conditions in addition to these Terms.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection legislation. You agree that we may use any personal data (as defined in our privacy policy) that you have recorded on our Websites or Apps in accordance with our privacy policy. You agree to ensure that all personal data provided is correct and up to date, and that you have obtained all necessary consents, licenses or approvals to allow us to use such information in accordance with these Terms, in accordance with our privacy policy.

To the extent that our Websites or Applications allow you to post, upload, transmit or otherwise disseminate information, images, videos or other data with eLandFly or other eLandFly users ("User Content"), you agree to the following:

  1. You are solely responsible for the Content you upload, and you represent and agree that you will not share anything that you do not have permission or the right to share and that you cannot license as set forth in paragraph 2 below.
  2. Although all intellectual property rights underlying any User Content belong to you or the licensors and you are free to share your User Content with anyone, you hereby grant eLandFly the non-exclusive, indefinite, royalty-free, worldwide, transferable, subcontractable right, to host, use, reproduce in an electronic medium or otherwise, publicly display, distribute, modify, adapt, publish, translate and create derivative works of any or all User Content (in accordance with our privacy policy), as well as to advertise or market our Websites and Applications. For example, we may make User Content available to our partners for display on their own websites. You are in control of the User Content you upload on the eLandFly Services and you may terminate this license at any time by deleting the User Content or your eLandFly account. User Content that you delete will be deleted within 72 hours.
  3. We have no obligation to store, retain, post or make available any User Content uploaded by you, and it shall be your responsibility to create backup copies of your own User Content.

If you submit suggestions, comments, improvements, ideas or other feedback to us, you hereby irrevocably assign ownership of all intellectual property rights underlying those suggestions and agree that we may use and share those suggestions for any purpose at our discretion. You may submit suggestions to us through our Help Desk.

Ownership of eLandFly

Except as stated elsewhere in these Terms, all intellectual property rights, such as copyrights (such as computer software copyrights), patents, trademarks, trade names, business names, design rights, database rights, know-how, trade secrets and confidentiality rights in our Services and Platforms (collectively, "Intellectual Property Rights"), are owned or licensed to you by eLandFly. You agree that, by using the Sites and the Applications, you will not acquire any right, title or interest in or to them except for the limited license to use them granted to you under these Terms. You further agree that you have no right to access any portion of the source code of the Websites and the Applications unless it is posted under a license expressly permitting such access.

The eLandFly brand, services, graphics and logos of eLandFly are internationally registered trademarks.

Property of third parties

We respect the intellectual property rights of third parties. If you have reason to believe that any content on our Services or Platforms infringes your copyright, please send a written notice of alleged infringement to [email protected], to the attention of the Legal Department.

To assist us in resolving any alleged infringement, provided that it is relevant to validate a notification under the Spanish Intellectual Property Protection Act (Royal Decree 1/1996), for which purpose the Legal Department is the designated agent, please include the following information in the notification:

  1. Identification of the copyrighted work alleged to have been infringed.
  2. Identification of the alleged infringing material and information sufficient for us to reasonably locate it on our Services (providing the URL of the material in question is sufficient).
  3. Information sufficient for eLandFly to contact you, such as a mailing address, telephone number and, if available, an email address.
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. (Only for claims governed by Royal Decree 1/1996) Your statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf, along with your physical or electronic signature.

Pricing accuracy and warranty disclaimer

You are solely responsible for your use of the Websites and the Applications.

We enforce strict pricing accuracy policies with all Travel Suppliers who provide us with this data and we strive to ensure that the content displayed on or through our Websites and Apps is current and accurate, we cannot guarantee the reliability or correctness of such content.

Also, price predictions are based on data we retain about past price trends, but there is no guarantee that the predictions will be correct.

We provide our Websites and Applications and disclaim all warranties and conditions of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties covered by trade usage, covenants or performance. To the fullest extent permitted by law, we make no representations or warranties that our Websites or Applications are accurate, complete or up-to-date; will always be available; will meet your expectations; or are secure and free of errors, bugs, defects, viruses or malware.

Price predictions

eLandFly can provide you with information on flight, hotel and tour predictions if you subscribe to price alerts. Our price predictions are an estimate we provide based on data we retain on past trends. There is no guarantee that our predictions are correct, as prices and availability depend on third parties, as explained above. While it is up to you to rely on our predictions, we do not and cannot guarantee their accuracy and do not assume responsibility for inaccuracies and unavailability of prices quoted.

Booking travel through eLandFly

eLandFly is not a travel agency and is not responsible for providing the travel options displayed through our Websites and Applications, nor is it responsible for defining or controlling the prices displayed. Any third-party travel products you find or book through our Websites or Apps are offered by independent travel providers.

eLandFly facilitates your bookings with such Travel Suppliers, but is not responsible to you for such bookings. You will be notified of the identity of the relevant Travel Supplier, as well as the terms and conditions applicable to your booking with them ("TravelSupplier Terms"), at the time of booking, which you should read and understand in full before finalizing your booking.

The Travel Supplier Terms should state what rights you have vis-à-vis the Travel Supplier and explain their liability to you in the event of anything going wrong.

You agree to comply fully with the Travel Supplier Terms. You understand that failure to comply with the Travel Supplier Terms may result in cancellation of tickets or reservations, revocation of accrued frequent flyer miles and other benefits, and other charges.

Limitations and Exclusions of Liability

These Terms define eLandFly's obligations and liabilities in connection with our Websites and Applications.

eLandFly has no liability for any agreements you enter into with third parties as a result of your use of our Websites or Apps (such as, for example, any Airline). If you have any problems with a booking you make (or attempt to make) through eLandFly, you agree that you must resolve that problem with the relevant Travel Supplier and that the remedy in such circumstances, including reimbursement, will rest with the relevant Travel Supplier and not with eLandFly. Where our Websites or Applications contain links to other sites and resources offered by third parties, these links are provided for informational purposes only. We have no control over the contents of those sites or resources and assume no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on our Websites and Apps. Each individual advertiser is solely responsible for the content of its advertising material and eLandFly assumes no responsibility for the content of the advertising material including, without limitation, any errors, omissions or inaccuracies.

We (together with our officers, directors, employees, representatives, associates and suppliers or third parties related to us), in accordance with the legal framework, shall not be liable for:

  • Any damage, financial loss or viruses that may infect your computer equipment, computer programs, data or other property on account of your access to and use of our Websites or Applications, your downloading of content from it or your use of the service.
  • Any injury, destruction, loss, claim, force majeure, accident, delay or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, without limitation, lost profits or savings) arising out of contract, negligence, strict liability or otherwise arising out of or in any way connected with:
    • The use of our Websites or Apps, services or content.
    • Any failure, delay (including the inability to use any component of our Websites or Apps to access reservations or purchases)
    • Our or a supplier's performance or downtime, even if we are advised that such damage will occur.

Your liability to us

Subject to these Terms, you will be liable to us for any actions, claims, remedies, costs, damages, losses and expenses (such as, for example, legal fees) incurred by us and all of our officers, directors and employees arising out of your use of our Sites or Apps or your breach of these Terms.

Termination

eLandFly, in its sole discretion, may terminate any agreement with you at any time under these Terms upon notice to you or, if you have a login account, by terminating your member account and access to it and removing any User Content you have uploaded to our Sites or Applications. eLandFly may suspend your access and use in whole or in part without notice at any time, for example, to prevent you from uploading any User Content without incurring any liability to you.

General Provisions

You agree that unauthorized use of our Websites or Applications may cause irreparable harm and damage to eLandFly or its partners, resulting in unacceptable financial harm. Accordingly, in the event of unauthorized use, we and our partners (as applicable) reserve the right, in addition to any other available legal remedies, to immediately issue an injunction to you.

The invalidity and enforceability of any provision (in whole or in part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or in part). All or any part of any provision that is found by a court of competent jurisdiction to be invalid or unenforceable shall be severed from these Terms.

These Terms apply only to you. You shall not be entitled to assign these Terms in whole or in part to any third party without prior written consent.

These Terms represent the entire agreement between us and you, and shall supersede and replace all prior terms, conditions, agreements and provisions relating to your use of our Websites or Applications.

We will act promptly with respect to any User Content that violates these Terms. If you know of or suspect any illegal activity, please contact us through the Help Desk.

Any failure by us to enforce any of these Terms shall not constitute a waiver of these Terms or limit the right to enforce any of these Terms accordingly.

A person who is not a party to these Terms shall not be entitled to enforce any provision of these Terms.

Regardless of the country from which you access or use the Websites and the Apps, to the extent permitted by law, these Terms and your use of the Websites and the Apps shall be governed in accordance with Spanish law and you will be deemed to have accepted the non-exclusive jurisdiction of the courts of Spain to resolve any dispute that may arise. If you use the Sites or the Applications for commercial purposes, or through unauthorized software as described and prohibited in the "Use of our Services" section of these Terms, you must submit to the exclusive jurisdiction of the courts of Spain to resolve any dispute that may arise, unless there is a commercial agreement between us governing your use specifying otherwise.

Contact

If you need more information about eLandFly or have any suggestions on how to improve our Services or Platforms, please contact Support.

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