eLandfly (hereafter, depending on the context) is a global company that offers a flight search service to travelers 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 by the airlines independently and are subject to the terms and conditions of those airlines.
Our website and applications are the property of eLandFly.
The present terms
These Terms may be modified at any time. If these Terms are modified, we will publish the revised terms and conditions, and the modifications will be considered to have been accepted if you continue to use our Webs or Applications after the modifications have been shown. If you do not accept all of these Terms, you must immediately leave our Website or uninstall our Applications and therefore you will not be able to use our Services.
Use of our Services
You can only use our Webs or Applications in accordance with the applicable legislation and for legitimate purposes. Regarding your acceptance of these Terms, we will grant you a non-transferable and non-exclusive license so that you can download, access and use our Websites and Applications for personal, non-commercial purposes and for no other purpose. We will grant you this license if you agree that you will not do the following:
- Use our Websites or Applications for any purpose that is improper, illegal or to publish or broadcast any material (i) that is defamatory, offensive, obscene or that is unacceptable in any way; (ii) that violates the confidentiality, privacy or rights of third parties, such as copyrights, trademark rights or any other intellectual property right; (iii) that has been published, shared or disseminated for the purpose of promoting yourself or third parties; (iv) that deceives or misrepresents your identity, or in any way suggests that you are sponsored, associated or connected with eLandFly; or (v) on which you do not have the necessary rights or permissions to publish it.
- Use our Webs or Applications for commercial purposes or that damage or discredit eLandFly in any other way.
- Disassemble, reverse engineer or decompile in any other way software, applications, updates or hardware included or available on our Websites and Applications, except if this is legally permitted.
- Copy, distribute, communicate to the public, sell, rent, lend or use in any other way our Webs or Applications, or try to violate or evade the security measures used to restrict access or use of these.
- Use or interfere with our Websites and Applications in a way that may damage, disable, overload, harm or compromise our systems and our security, or may affect other users.
- Introduce or transmit on our Websites and Applications any harmful or malicious code, virus, worm, Trojan or attack due to denial of service or spam.
- Delete, modify or replace any notice of authorship, trademark, company name, logo or other designation of origin on our Websites and Applications, or make them as a third party product or try.
You also agree not to use any unauthorized automatic computer software, software agent, bot, spider or other software or application to scan, copy, index, order or otherwise exploit our Webs and Applications or the data they contain. eLandFly has invested heavily in collecting, processing, and submitting thousands of travel data providers, and offers access to travel data through a commercial API, so any breach of this provision constitutes a serious violation of these terms. eLandFly reserves the right to take technical and legal measures to detect and restrict unauthorized automated access to our Websites and Applications.
By registering on our Webs and Applications with an account and login password, you are responsible for keeping that 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.
Share information with us
To the extent that our Websites or Applications allow you to publish, upload, transmit or otherwise disseminate information, images, videos or other data with eLandFly or other eLandFly users ( "User Content" ), accept the following:
- You are solely responsible for the Content that you upload, and you represent and agree that you will not share anything that you do not have permission or right to share and that you cannot grant the license indicated in paragraph 2 below .
- We have no obligation to store, retain, publish or make available any User Content uploaded by you, and it will be your responsibility to create backup copies of your own User Content.
If you send us suggestions, comments, improvements, ideas or other opinions (“Suggestions”), by these Terms you irrevocably assign ownership of all intellectual property rights underlying those suggestions and agree that we can use and share those suggestions for any purpose at our discretion. You can send us suggestions by clicking on the "Suggestions" tab or through our Helpdesk.
Property of eLandFly
Except as indicated elsewhere in these Terms, all intellectual property rights such as, for example, copyright (such as computer software), patents, trademarks, company names, design rights, database rights , knowledge, trade secrets and confidentiality rights in our Services and Platforms (collectively, "Intellectual Property Rights" ), are owned by eLandFly or the corresponding license belongs to it. You agree that by using the Websites and Applications, you will not acquire any right, title or interest in or with them, except for the limited license to use them that has been granted under these Terms. Likewise, you agree that you do not have the right to access any section of the source code of the Webs and Applications, unless it is published with a license that expressly allows such access.
Third party property
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 the alleged infringement to [email protected], to the attention of the Legal Department.
To help us resolve any alleged infringement, whenever it is pertinent to validate a notification in accordance with the Spanish law on the protection of intellectual property (Royal Decree 1/1996), for which purpose the Legal Department is the designated agent, include the following information in the notification:
- Identification of the copyrighted work that is allegedly infringed.
- Identification of the alleged infringing material and sufficient information so that we can reasonably locate it on our Services (simply provide the URL of the material in question).
- Sufficient information for eLandFly to contact you, such as a mailing address, a telephone number, and, if available, an email address.
- A statement by you that you explain in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
- (Only in the case of claims governed by Royal Decree 1/1996) Your statement, under penalty of false testimony, stating that the information included in your notification is correct and that you are the owner of the copyright or that you have authorization to act on behalf of the owner, together with his physical or electronic signature.
Price accuracy and disclaimer of warranty
You are solely responsible for the use of the Websites and the Applications.
We enforce strict pricing accuracy policies with all Travel Providers who provide us with this data and strive to ensure that the content displayed on or through our Websites and Applications is up-to-date and correct, we cannot guarantee the reliability or correctness of such content.
Likewise, price predictions are based on data we retain about past price trends, but there is no guarantee that the predictions are correct.
We offer our Webs and Applications and we are not responsible for guarantees and conditions of any kind, explicit or implicit, including, among others, the implicit guarantees of ownership, non-violation, merchantability and precision, as well as any guarantee covered by uses commercial, agreements or benefits. To the extent permitted by law, we do not make any representations or guarantee that our Websites or Applications are accurate, complete, or up-to-date; always be available; meet your expectations; or they are safe and free of errors, failures, defects, viruses or malicious programs.
eLandFly can provide you with flight forecast information if you subscribe to price alerts. Our price predictions are an estimate we offer based on data we retain about past trends. There is no guarantee that our predictions are correct, as prices and availability depend on third parties, as explained above. Although it is your decision to trust our predictions, we do not and cannot guarantee their accuracy and do not assume responsibility for inaccuracies and unavailability of the prices indicated.
Book trips through eLandFly
eLandFly is not a travel agency nor is it responsible for offering the travel options shown through our Websites and Applications, as well as for defining or controlling the prices shown. All third party Travel Products that you find or reserve through our Websites or Applications are offered by independent travel providers.
eLandFly makes your reservations with such Travel Providers, but is not responsible to you for such reservations. You will be notified of the identity of the relevant Travel Provider, as well as the terms and conditions applicable to your reservation with them ( "Travel Provider Terms" ), at the time of booking, which should read and fully understand before finalizing your reservation.
The Travel Provider Terms should state what rights you have to the travel provider and explain your liability to you in the event that something goes wrong.
You agree to fully comply with the Travel Provider Terms. You understand that breaching the Travel Provider Terms could lead to the cancellation of tickets or reservations, the revocation of the kilometers accumulated by frequent flyers and other advantages, as well as other charges.
Limitations and exclusions of liability
These Terms define the obligations and responsibilities of eLandFly in relation to our Webs and Applications.
eLandFly has no responsibility for the agreements reached with third parties as a result of your use of our Websites or Applications (such as, for example, any Airline). If you have any problems with a reservation you make (or are trying to make) through eLandFly, you agree that you will need to resolve that issue with the relevant Travel Provider and that the remedy in such circumstances, including refund, will rest with the relevant Travel Provider and not on eLandFly. When our Webs or Applications contain links to other sites and resources offered by third parties, these links will be provided for informational purposes only. We have no control over the content of those sites or resources and we assume no responsibility for them or for any loss or damage that may arise from their use.
You may see advertising material sent by third parties on our Webs and Applications. Each individual advertiser is solely responsible for the content of their advertising material and eLandFly assumes no responsibility for the content of the advertising material including, without limitation, any errors, omissions or inaccuracies.
To the extent permitted by law, we (together with our managers, directors, workers, representatives, affiliates, suppliers and third parties) do not assume responsibility for inaccuracies or omissions in the content displayed on or through our Websites. and Applications; or any act of force majeure, accident, delay or any special, exemplary, burdensome, indirect, accidental or resulting loss or damage of any kind (including, but not limited to, loss of profits or savings), based on contractual, tort liability (including negligence), no fault or any other responsibility, that you have incurred and that arises from or in relation to your access, use or inability to access or use our Websites and Applications or any content provided therein.
Subject to these Terms and to the extent permitted by law, our maximum accrued liability to you arising from or in connection with these Terms or your access to, use of, or inability to access or use eLandFly Services and Applications will be limited to the amount of € 100 (one hundred euros).
Nothing in these Terms will limit or exclude our liability in relation to death or personal injury caused by our negligence or by fraud or fraudulent distortion; any other liability that cannot be excluded by law; or your rights in accordance with the law.
Your responsibility to us
Subject to these Terms, you will be responsible to us for any action, claim, measures, costs, damages, losses and expenses (such as, for example, legal fees) incurred by us and all our managers, directors and workers, that arise of your use of our Webs or Applications or for breach of these Terms.
End of your contract
eLandFly, at its discretion, may terminate any contract with you at any time in accordance with these Terms upon notice or, if you have a login account, by canceling your member account and access to it, as well as by removing any User Content that has been uploaded on our Webs or Applications. eLandFly may suspend your access and partial or complete use without notice at any time, for example, to prevent you from uploading any User Content without incurring any liability to you.
You accept that the unauthorized use of our Websites or Applications may cause irreparable damages for eLandFly or its partners, which would entail unacceptable economic damages. 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 issue a court order immediately to you.
The invalidity and executive force of any provision (in whole or in part) of these Terms will not affect the validity or executive force of the remaining provisions (in whole or in part). All or part of any provision that a court with competent jurisdiction considers invalid or non-enforceable will be removed from these Terms.
These Terms apply exclusively to you. You will not have the right to assign these Terms in whole or in part to third parties without prior written consent.
These Terms represent the entire agreement between us and you, and will replace and replace all the terms, conditions, agreements and previous dispositions in relation to your use of our Webs or Applications.
We will act promptly against any User Content that violates these Terms. If you know or suspect that there is any illegal activity, please contact us via the Helpdesk.
Any failure on our part to enforce any of these Terms will not constitute a waiver of such Terms nor will it limit the right to enforce any of these Terms accordingly.
A person who is not part of these Terms will not have the right to enforce any of its provisions.
Regardless of the country from which you access or use the Webs and Applications, to the extent permitted by law, these Terms and your use of the Webs and Applications will be governed in accordance with Spanish law and will be considered that it has accepted the non-exclusive jurisdiction of the courts of Spain to resolve any conflict that may arise. If you use the Webs or the Applications for commercial purposes, or through an unauthorized computer program as described and prohibited in the section "Use of our Services" of these Terms, you must submit to the exclusive jurisdiction of the courts of Spain to resolve any conflict that may arise, unless there is a commercial agreement between us that governs its use specifying otherwise.
If you need more information about eLandFlt or have any suggestions on how to improve our Services or Platforms, please contact the Helpdesk .