These General Terms and Conditions (hereinafter, “Terms of Use”) regulate the privacy policy and use of the Echarter Flights Worldwide, S.L. website under the domains https://echarter.flights/ and www.echarter.flights (hereinafter, the “Website”), for which Echarter Flights Worldwide, S.L. (hereinafter, ”Echarter Flights”) is owner and responsible party.

 

Echarter Flights legal information

Legal name: Echarter Flights Worldwide, S.L.

Spanish tax identification number (CIF): B-12975405

Legal address: Calle Ramon Gomez de la Serna nº 22, Ed. King Edward, office nº 412, 29602, Marbella, Spain.

Commercial Register information: Commercial Register of Castellon, volume 1711, book 1272, sheet number 135, page CS-39.149.

 

Contact and notification details

Company: Echarter Flights WorldWide, S.L.

Address: Calle Ramon Gomez de la Serna nº 22, Ed. King Edward nº 412, 2903, Marbella, Spain

E-mail: info@echarter.flights

Phone: (+34) 952 19 45 24, (+34) 681 69 25 83

Fax: (+34) 952 19 45 24

 

1.- Object of the Terms of Use

1.1.- These Terms of Use regulate the accessing, browsing and/or using of the Website, and the liabilities derived of using its services and contents (which include any text, image, graphic, drawings, photography, audio, video, information, and any other creation protected by Spanish and/or International laws, and regulations related to Intellectual Property).

1.2.- Echarter Flights reserves the right to edit these Terms of Use to adapt them to new legislation or jurisprudence that is in force at the time of accessing the Website, as well as to sector practices.

1.3.- Use of the Website assumes and implies the User’s full and unreserved acceptance of all the Terms of Use of the Echarter Flights Website active at each moment of the User’s access, and, therefore, must be read with attention and, if the User does not agree with any of the conditions established here, the User must not use this Website.

2.- Conditions for access and use of the Website

2.1.- Access and use: the Users recognise and accept that access to and use of the Website, and its content, is carried out knowingly, and under their exclusive responsibility. Echarter Flights may establish additional limits and conditions for the use of and/or access to the Website and its contents, which must be respected by the Users.

2.2.- Authorised use of the Website: the User commits to make appropriate and lawful use of the Website and its content, respecting the current applicable legislation at all times, the Terms of Use, the generally accepted morals and customs, and public order. The User will refrain from (i) making unauthorised or fraudulent use of the Echarter Flights Website and/or its content; (ii) accessing or trying to access restricted resources or areas without fulfilling the requirements established by said access; (iii) using the Echarter Flights Website and its contents for illicit or illegal purposes, or purposes contrary to those established in the Terms of Use, good faith, customs or public order, in any way which is adverse to the rights and interests of Echarter Flights or third parties, or which may damage, or impede in any way the normal use or enjoyment of the Echarter Flights Website and its content; (iv) causing damage to the physical or digital systems of Echarter Flights or third parties; (v) uploading or spreading malicious computer codes on the network or on any other physical or digital system, likely to cause damage to the physical or digital systems of Echarter Flights or third parties; (vi) trying to access, use or manipulate Echarter Flights or third party data; (vii) reproducing, copying, distributing, allowing public access through any mode of public communication, changing or modifying the contents of the Echarter Flights Website, unless with authorisation from the owner of the corresponding rights or legal permission; (viii) deleting, hiding or manipulating the notice on industrial and intellectual property rights and other information identifying the rights of Echarter Flights or third parties, incorporated in the contents, as well as the technical devices and elements for protection or other information mechanisms which have been inserted in the contents; (ix) obtaining and trying to obtain contents by means or procedures other than those indicated or available on the web pages where said content is found or, in general, different from those usually used on the internet.

2.3.- Uploading links: Users who wish to establish a link or hyperlink between their website and the Echarter Flights Website will have to obtain previous authorisation from Echarter Flights, and in all cases will have to comply with the following obligations: (i) the link will only allow access to the Website, but cannot reproduce it in any way; (ii) links cannot be established with pages other than the home page; (iii) a frame or border environment will not be created on the website; (iv) inaccurate or false information must not be provided about the Website; (v) it will not be considered that Echarter Flights has carried out supervision of the content or services advertised or offered on the website establishing the link; (vi) the website establishing the link may not contain any brand, commercial name, designation, logo or any other distinctive sign belonging to Echarter Flights, without authorisation; (vii) the website establishing the link will not have illicit content or content contrary to the law, morals, customs or public order, or which is adverse to the rights of third parties. The establishment of a link will not imply, in any sense, a relation between Echarter Flights and the owner of the website establishing the link, nor the awareness or approval of Echarter Flights of the contents published on said website, for which Echarter Flights will have no responsibility for the consequences which may derive from it.

3.- Exclusion of guarantees and responsibilities

3.1.- For the function of the Website: Echarter Flights does not guarantee the availability or continuity of the Website or other websites with which a link has been established. Likewise, Echarter Flights will not be responsible for any damages which may be derived from (i) the lack of access or availability of the Website or other websites with which a link has been established; (ii) the interruption of the function of the Website or computer faults, telephone failures, disconnections, delays or blocks caused by deficiencies or overloads on telephone lines, on the internet or on other electronic systems produced over the course of their function; (iii) the unsuitability of the Website for the specific needs of users and (iv) other damages which may be caused by third parties through unauthorised interference, beyond the control of Echarter Flights.

Echarter Flights uses virus detection applications to control the contents which are entered on the Website. Nevertheless, Echarter Flights does not guarantee the absence of viruses nor of other elements on the Website uploaded by third parties beyond the control of Echarter Flights, which may create changes to the physical or digital systems of the Users, or in the documents and files stored on their systems. Echarter Flights will therefore not be responsible for any damages of any nature which may be derived from the presence of viruses or other elements which may cause changes in said elements.

Echarter Flights uses protection measures to protect its Website and its content from computer attacks from third parties. Nevertheless, Echarter Flights does not guarantee that unauthorised third parties will be unable to access the User’s use of the Website, or the conditions, characteristics or circumstances in which said use is made. Echarter Flights will therefore not be responsible for damages which may result from said unauthorised access.

3.2.- For the use of the Website: Echarter Flights will not be responsible for the use that Users or third parties may make of the Website or its content, and therefore will not be responsible for damages which may result.

3.3.- For the contents: Echarter Flights does not guarantee or make itself responsible for the legality, reliability, usefulness, truthfulness, exactness, exhaustiveness or timeliness of the contents of third parties published on its Website, and consequently, will have no responsibility in relation to it.

4.- Refund policy and cancellations

4.1.- This Website only provides general information on services provided by Echarter Flights and an online payment method for these services. In order to contract Echarter Flights services, the Users have to contact with Echarter Flights and agree on specific conditions applicable to their particular case, and their particular service request.

4.2.- Due to the nature of the services provided by Echarter Flights, for each service contracted by the Users, the parties will formalize a separate document (hereinafter, “Charter Contract”) which will regulate their relationship and will establish the rest of the particular conditions applicable to each case, including the refund policy and cancellations.

For the refund policy and cancellation conditions applicable to their particular case, the Users shall refer directly to the provisions of their Charter Contract.

For any questions about this refund policy and cancellations, Users can contact Echarter Flights at info@echarter.flights, or any other contact provided in their Charter Contract.

5.- Newsletter and advertising

By signing up Echarter Flights newsletter available on the Website, Users explicitly agree that Echarter Flights sends them its newsletter and commercial communications by email, containing new services and relevant information related to Echarter Flights or the Website, unless Users have explicitly object to receive such information.

Users may withdraw this consent at any time, by sending an e-mail to info@echarter.flights indicating their will to unsubscribe in e-mail subject.

6.- Intellectual and Industrial Property

6.1.- The User recognises and accepts that all industrial and intellectual property rights over the contents, and/or any other elements on the Website (including, but not limited to, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, animations, etc.) belong to Echarter Flights. In no case will access to the website imply any kind of waiver, transmission, licence or full or partial transfer of said rights, except when expressly established. These Terms of Use for the Website do not grant the User any right to use, alter, exploit, reproduce, distribute or communicate in public the Website and/or its content, other than that expressly mentioned here. Any other use or exploitation of any rights will be subject to prior and express authorisation by Echarter Flights specifically to the effect.

6.2.- Echarter Flights authorises the Users to use, view, print, download and save the contents and/or other elements on the Website exclusively for their personal, private, and non lucrative use, as long as they indicate their origin and/or creator and, if appropriate, the copyright symbol and/or a note on industrial property appears naming Echarter Flights as owner. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompiling is totally prohibited. It will be necessary to obtain prior written consent from the owner of the rights for any other use than those expressly permitted.

7.- Protection of personal data

Echarter Flights guarantees compliance with Organic Law 15/1999 on Protection of Personal Data, and its regulations and implementation, and thus commits to (i) use the personal data which it has access to solely and exclusively for the purposes for which they have been requested; (ii) observe and adopt any means of security necessary to ensure the confidentiality, secrecy and integrity of the personal data to which it has access, as well as adopt any means of security in the future which may be required by laws and regulations intended to maintain the secrecy, confidentiality and integrity in the automated treatment of personal data; (iii) not to transfer the personal data to which it has access to third parties in any case, even for the purpose of its conservation; (iv) destroy the data provided by the User once the purpose for which they were requested has been served; in general to aid the User in exercising all rights they have by virtue of current legislation, specifically guaranteeing the exercise of rights of access, rectification and cancellation of the personal data which belongs to them; (v) for requesting information and the User verifying compliance with this clause, as well as exercising the rights to access, cancellation and rectification, as well as those previously mentioned, and, in general, for any other type of communication, Echarter Flights indicates the contact information at the start of these Terms of Use.

Users must enclose to their request a copy of their national ID or any other official document that can prove their identity.

8.- Cookies

A cookie is a file which is downloaded to the computer upon accessing certain websites. Cookies allow a website, among other functions, to store and recover information about the navigation habits of a User or their equipment and, depending on the information they contain and the way that the equipment is used, may be used to recognise the User. The User’s browser saves cookies to hard disk only during the current session, using minimal memory space and not damaging the computer. Cookies do not contain any type of specific personal information, and the majority of cookies are deleted from the hard disk upon ending the browsing session (these are called “session cookies”).

The majority of browsers accept cookies by default and, independently from them, allow or prevent temporary or saved cookies through security settings.

Without Users’ express consent – through the activation of cookies on their browser – Echarter Flights will not link cookies with saved data containing Users’ personal data provided during their use of the Website.

Types of cookies:

  • Technical Cookies: These allow the User to navigate through a website, platform or application and to use different options or services which it provides, such as, for example, controlling data traffic and communication, identifying the session, accessing restricted access sections, recalling the elements which make up an order, carrying out the purchasing process of an order, carrying out the request for registration or participation in an event, using security elements during navigation, storing content for broadcasting videos or sound and sharing content through social networks.
  • Customisation cookies: These allow the User to access the service with some general predefined features in terms of a series of criteria in the terminal of the User such as, for example, language, type of browser through which the service is being accessed, regional configuration from which the service is being accessed, etc.
  • Analysis cookies: These are used by Echarter Flights or by third parties, allowing Echarter Flights to quantify the number of Users and thus carry out statistical measurement and analysis of the use which Users make of the provided service. To do so, navigation on the Website is used in order to better provide the products or services which Echarter Flights offers.
  • Third party cookies: The Echarter Flights Website may use third party services which, on behalf of Echarter Flights, collect information for statistical purposes, about the User’s use of the site and to provide other services related with the Website’s activity and other internet services.

In particular, this Website uses Google Analytics, an analytical web service provided by Google Inc. with registered offices in the United States and central headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043. To provide these services, they use cookies which collect information, including the IP address of the User, which will be passed on, treated and stored by Google in the ways specified on the Google.com website. This includes the possible transfer of said information to third parties for reasons of legal requirement or when said third parties process the information on behalf of Google.

By using this Website, the User expressly accepts the treatment of the collected information in the way and with the purposes previously mentioned. Likewise, the User acknowledges the possibility of rejecting the treatment of said data or information by rejecting the use of cookies by selecting the appropriate configuration on their browser; even though this option of blocking cookies on their browser may not allow the User full use of all the functionalities of the Website.

The Users may allow, block or delete the cookies installed on their equipment through configuration of the options of their browser:

If you have any questions about this cookie policy, you can contact Echarter Flights at info@echarter.flights.

9.- Access Exclusion

Echarter Flights reserves the right to deny or withdraw the access to the Website, and to the services and contents offered on it, without prior notice to the Users.

10.- Miscellaneous

10.1.- In case of the User’s non-compliance with any of the sections of these Terms of Use, Echarter Flights reserves the right to take action in compliance with the law and the right to legitimately defend its interests and demand liability deriving from said non-compliance.

10.2.- If any clause of these Terms of Use is declared by a court, or any other competent authority, to be unlawful, invalid or unenforceable, it should be interpreted as nearly as possible to its original purpose. Such declaration shall not affect the validity or effect of the rest, which will continue to be binding for the parties.

10.3.- Failure of Echarter Flights to insist on strict performance and compliance with any of these Terms of Use shall not be construed as a waiver for the future of such term or condition.

10.4.- The applicable language of these Terms of Use is English. On Users request, Echarter Flights may offer a translation of this document, or parts of it, in several languages for their convenience only, to help them to understand it. Nevertheless, the Users explicitly agree that the official text is the English version.

If there is any contradiction between the English version of these Terms of Use and translation provided by Echarter Flights, the English version shall prevail.

11.- Applicable law and jurisdiction

The provision of the Website service and these Terms of Use of the Website are regulated by Spanish law. The parties specifically renounce any other jurisdiction which may correspond to them, and agree to submit to the jurisdiction of the courts of Marbella (Spain).