Company Terms Of Service

Last Update: 2021-10-05 10:00:00

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 us?

eLandfly (hereinafter us in 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 it is not responsible for offering, establishing, or controlling the prices that apply to any of the offers or flight search results. These third-party travel products are offered independently by agencies or airlines and are subject to the terms and conditions of those companies.
Our website and applications are owned by eLandFly.

The present terms

These terms and conditions regulate the access and use of our Websites and Applications, together with the privacy policy and the cookie policy. By accessing or using the Websites and Applications, you confirm that you have read and understood these Terms of Service, the privacy policy and the 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 the modifications will be deemed accepted if you continue to use our Websites or Applications after the modifications have been displayed. 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 may only use our Websites or Applications in accordance with applicable law 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:

  1. 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 is otherwise unacceptable; (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 in order to promote yourself or third parties; (iv) that you are deceiving or misrepresenting your identity, or that in any way suggests that you are sponsored, associated or connected with eLandFly; or (v) over which you do not have the rights or the necessary permissions to publish it.
  2. Use our Websites or Applications for commercial purposes or that damage or discredit eLandFly in any other way.
  3. Disassemble, reverse engineer or decompile in any other way software, applications, updates or hardware included or available on our Websites and Applications, except if it is legally permitted.
  4. Copy, distribute, communicate to the public, sell, rent, loan or use in any other way our Websites or Applications, or try to infringe or circumvent the security measures used to restrict access or use of these.
  5. Use or interfere with our Websites and Applications in a way that could damage, disable, overload, impair or compromise our systems and our security, or could affect other users.
  6. Introducing or transmitting on our Websites and Applications any harmful or malicious code, virus, worm, Trojan horse or denial of service attack or spam.
  7. Eliminate, modify or replace any notice of authorship, trademark, business name, logo or other designation of origin on our Websites and Applications, nor make these same as a third-party product 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 they contain. eLandFly has invested heavily in collecting, processing and presenting thousands of travel data providers, and offers access to travel data through a commercial API, so any breach of this provision is 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 Websites and Applications with a login account and 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 .

Our Websites and Applications are not intended for children under 16 years of age. In addition, no one under 16 years of age should provide data to our Websites and Applications or facilitate it through them. We do not knowingly collect personal data from children under 16 years of age and, if we become aware of having done so or of having received personal data from a person under 16 years of age, we will delete it as provided in our Privacy Policy.

As any part of our Websites or Applications is published on a third-party website (for example, Facebook or another social network) and there are separate terms of use in relation to said website, you agree to comply with these terms and conditions, in addition to these Terms.

Share 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 Applications 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, with our privacy policy.

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 users of eLandFly ( "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 right to share and that you cannot grant the license indicated in paragraph 2 below.
  2. While all intellectual property rights underlying any User Content are owned by you or the licensors and you are free to share your User Content with anyone, you hereby grant eLandFly the non-exclusive, indefinite, rights-free right. author's, global, transferable and that can be subcontracted, hosted, used, reproduced in an electronic medium or in any other way, publicly displayed, distributed, modified, adapted, published, translated and created derivative works of any or all of the Content user (in accordance with our privacy policy), as well as to advertise or market our Websites and Applications. For example, we may use User Content made available to our partners to display on their own websites. You are in control of the User Content that you upload to the eLandFly Services and may terminate this license at any time by deleting the User Content or your eLandFly account. User Content you delete will be deleted within 72 hours.
  3. We have no obligation to store, retain, publish, or make available any User Content uploaded by you, and it is your responsibility to create backup copies of your own User Content.

If you send us suggestions, comments, improvements, ideas or other opinions, you hereby irrevocably assign ownership of all intellectual property rights that underlie those suggestions and agree that we may use and share those suggestions for any purpose for our purposes. discretion. You can send us suggestions through our Helpdesk .

ELandFly property

Except as indicated elsewhere in these Terms, all intellectual property rights such as copyrights (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 you. You agree that, by using the Websites and Applications, you will not acquire any right, ownership or interest in or with them, except for the limited license to use them that has been granted to you under these Terms. You also agree that you do not have the right to access any section of the source code of the Websites and Applications, unless it is published with a license that expressly allows such access.

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

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 for the protection of intellectual property (Royal Decree 1/1996), for which the Legal Department is the designated agent, include the information following in the notification:

  1. Identification of the copyrighted work that is allegedly infringed.
  2. Identification of the alleged infringing material and sufficient information for us to reasonably locate it on our Services (simply provide the URL of the material in question).
  3. Sufficient information for eLandFly to contact you, such as a postal address, a 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 in the case of claims governed by Royal Decree 1/1996) Your statement, under penalty of perjury, in which you indicate that the information included in your notification is correct and that you are the owner of the rights author or who is authorized to act on behalf of the owner, together with their physical or electronic signature.

Pricing accuracy and warranty disclaimer

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

We enforce strict pricing accuracy policies with all Travel Providers who provide us with this data and we 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 said content.

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

We offer our Websites 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-infringement, merchantability and precision, as well as any guarantee covered by commercial uses, agreements or benefits. To the extent permitted by law, we make no representations or warrant that our Websites or Applications are accurate, complete, or up-to-date; are always available; meet your expectations; or are safe and free of errors, bugs, defects, viruses or malicious programs.

Price predictions

eLandFly can provide you with information on flight, hotel and tour predictions by subscribing to price alerts. Our price predictions are an estimate that 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. Although it is your decision to trust our predictions, we do not and cannot guarantee their accuracy and we do not assume responsibility for inaccuracies and unavailability of the prices quoted.

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, nor for defining or controlling the prices shown. All Third Party Travel Products that you find or book through our Websites or Applications are offered by independent travel providers.

eLandFly facilitates 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 booking with them ( "Travel Provider Terms" ), at the time of booking, which you should read and fully understand prior to finalize your reservation.

The Travel Provider Terms should state what rights you have with the Travel Provider and explain your responsibility to you in case 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 accumulated frequent flyer miles and other benefits, as well as other charges.

Limitations and exclusions of liability

These Terms define the obligations and responsibilities of eLandFly in relation to our Websites 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 a problem with a reservation that you make (or attempt to make) through eLandFly, you agree that you will need to resolve that problem with the relevant Travel Provider and that the resolution in such circumstances, including reimbursement, will rest with the relevant Travel Provider. and not on eLandFly. When our Websites 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 contents of those sites or resources and we do not assume any 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 Websites and Applications. Each individual advertiser is solely responsible for the content of their advertising material and eLandFly assumes no responsibility for the content of advertising material including, but not limited to, any errors, omissions or inaccuracies.

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

  • Damages, economic losses or viruses that can infect equipment, computer programs, data or other property as a result of accessing and using our Websites or Applications, downloading content from it or using the service. 
  • Any injury, destruction, loss, claim, force majeure, accident, delay or any direct, special, exemplary, punitive, indirect, incidental or significant damage of any kind (including, without limitation, loss of profits or savings) that is derive from a contract, negligence, strict liability or, on the contrary, which arise or are in any way connected with:
    • The use of our Websites or Applications, the services or the content
    • Any failure, delay (including the inability to use any component of our Websites or Applications to access reservations or purchases)
    • The performance or inactivity of us or a supplier, even in the event that we are notified that such damages will take place.

Your responsibility to us

Subject to these Terms, you will be responsible to us for all actions, claims, measures, costs, damages, losses and expenses (such as, for example, legal fees) incurred by us and all our directors, directors and employees, that arise of your use of our Websites or Applications or for the breach of these Terms.

End of your contract

eLandFly, at its discretion, may terminate any contract with you at any time under these Terms after notifying you or, if you have a login account, canceling your member account and access to it, as well as removing any User Content that you have uploaded on our Websites or Applications. eLandFly may suspend your access and use in part or in full without prior notice at any time, for example to prevent you from uploading any User Content without incurring any liability to you.

General disposition

You agree that unauthorized use of our Websites or Applications may cause irreparable damages for eLandFly or its partners, which would result in unacceptable financial 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 immediately issue a court order to you.

The invalidity and enforceability of any provision (in whole or in part) of these Terms will not affect the validity or enforceability 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 eliminated 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 supersede and supersede all previous terms, conditions, agreements, and provisions regarding your use of our Websites or Applications.

We will act promptly on any User Content that violates these Terms. If you know or suspect that there is any illegal activity, please contact us through the  Helpdesk .

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

A person who is not a party to these Terms will not have the right to enforce any of its provisions.

Regardless of the country from which you access or use the Websites and Applications, to the extent permitted by law, these Terms and your use of the Websites and Applications will be governed in accordance with Spanish legislation and it will be considered that you have accepted the non-exclusive jurisdiction of the courts of Spain to resolve any conflict that may arise. If you use the Websites or Applications for commercial purposes, or through unauthorized computer program 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 conflict that may arise, unless there is a commercial agreement between us that governs its 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 the  Helpdesk .

eLandFly Cookies
We use our (and associated third party) Cookies to personalize your experience and third-party advertising, secure the platform and for statistical purposes. If you continue to use our platform, it is considered that you accept the use of cookies. OK | More information