Legal notice and conditions for use of the website

Access to the website https://w2fly.es attributes the status of USER to you and implies full, unreserved acceptance on your behalf, from the moment of such access and/or use, of this legal notice and the latest version of the Privacy Policy, without prejudice to the General Carriage Conditions which, where appropriate, are binding. For this reason, we would advise you to proceed to read these documents, before using the functionalities offered by this Website, as well as every time you access it, since we reserve the right to change, modify, add or delete part of these conditions at any time.

Under no circumstances does mere access to this Website constitute the existence of commercial relations between the User and the website.

I. OWNER OF THE WEBSITE

For the purposes of the provisions established by Article 10 of the Spanish Law 34/2002, of July 11, relating to information services and electronic business, and by Article 10 of the Portuguese Decree Law 7/2004, of January 7, the following information is provided with regard to the ownership of this Website:

- Website Owners: 

WORLD 2 FLY, S.L.U. Registered office: Calle General Riera 154, 07010 Palma, Balearic Islands, Spain. CIF: B16668451. Registration details: registered in the Mercantile Registry of Palma de Mallorca: Sheet PM-88709 Volume 2852 Folio 211.Operating license: ES.AOC.157. Supervisory body: Spanish Aviation Safety and Security Agency (EASA)

WORLD 2 FLY, PORTUGAL S.A. Registered office: Rua General Firmino Miguel, 3, 2B Torre 2, São Domingos de Benfica,  1600-100 Lisbon. CIF. 516147447. Registration data: registered in the Commercial Registry of the Portuguese Republic, Insc 1, AP 115/20201127. Operating license: PT-01/21. Supervisory body: Portuguese Civil Aviation Authority (ANAC)

In addition to its registered office the owner is pleased to make the following channels available for Users to forward their requests, queries, or complaints.
-    Website contact form.
-    [email protected]

II. CONDITIONS OF USE

1. Introduction. By accessing and using this website, you agree to comply with the conditions set out below, so we recommend that you read this section thoroughly before starting to browse the site.
 

2. Users’ Obligations. Users undertake to use this website lawfully, in accordance with what is laid down in these conditions, and in such a way that no harm is caused to the rights and interests of W2FLY or third parties. The User undertakes to respect, by way of example, and without limitation or exclusion, the following:
-    Not to take part in activities that are illegal or contrary to public order or good faith;
-    Not to use the data published on the Website to send out unsolicited messages (spam);
-    Not to upload or spread on the website false, deceptive, ambiguous, or inaccurate   information or contents that might mislead recipients of the information, nor to disseminate contents of a racist, xenophobic, or pornographic nature, or that support terrorism, or attack human rights or the rights of minors;
-    Not to perpetrate actions that imply, or involve, a violation of the intellectual property rights of W2FLY or third parties;
-    Not to harm the physical or logical systems of W2FLY, or their providers, or of third parties;
-    Not to upload, or spread, computer viruses on the internet, or use any other physical or logical means that are liable to cause any of the above-mentioned harm;
-    Not to erase, alter, evade, or manipulate any sort of protective mechanism or security system that might be installed in the pages of this Website.

3. Exclusion of liability. This Website is provided “as is” and its use is at the User’s own risk, so that neither W2FLY, nor their administrators, staff, providers, or contributors may be held responsible for any kind of harm, whether direct or not, arising from the use of the Website, expressly excluding W2FLY, to the maximum extent in accordance with the law, from any type of guarantees, whether these be explicit or implicit.
W2FLY do not guarantee the availability or accessibility of the Website, although they will take every reasonable step in this respect. On occasions there may be interruptions for as long as is required to carry out necessary maintenance work.
W2FLY accept no liability for any possible damage resulting from interference, interruptions, computer viruses, telephone malfunctions or disconnections caused by factors beyond the control of the said undertaking; or for delays or blockages in the use of this electronic system as the result of deficiencies or overloads in the data processing centre, telephone lines, the Internet, or in other electrical systems; nor for any other disorder that might occur in the Users’ Software or Hardware. Neither do we guarantee the absence of viruses, malware, Trojans and other elements that might cause problems in the User’s computer system, documents or files, excluding any liability for any kind of damage caused to the User for this reason. Likewise, W2FLY will not answer for any damage caused by third parties by means of unlawful interference beyond their control.
Neither will they answer for damages or harm caused by the use or misuse of the contents of the Website, nor for the consequences that might ensue from the errors, defects, or omissions in the contents that might appear on the Website supplied by the Users themselves or other third parties. W2FLY accept no obligation or liability whatsoever with respect to those services that they do not supply directly.

4. External Links. On no account will W2FLY accept any liability for the contents of links belonging to another website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity, or legality of any material or information contained in any of these hyperlinks or other websites on the Internet. Similarly, the inclusion of these external connections may not be taken to imply any kind of association, merger, or involvement with the linked-to enterprises.

5. Processing of personal data. Users can find information concerning the processing of their personal data, in addition to the way to exercise their rights with respect to data protection by accessing the web privacy policy.

6. Intellectual property and copyright. Without prejudice to contents for which third parties hold intellectual property rights, the intellectual property rights of the website, the domain name, its source code, design and browsing structure, and features contained within it, (such as images, sound, audio, video, software and texts; brand names and logos, colour combinations, design and structure, etc.) are the property of W2FLY, who have the exclusive rights of commercialisation of the same in any form, and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of the current Law of Intellectual Property. The reproduction, distribution, and public communication, including making available all or part of the contents of this website in any format or by any technical means, is expressly prohibited without the authorisation of W2FLY, or, where appropriate, of third parties who hold the intellectual property rights or copyright of the contents in question. Notwithstanding the above, the User may visualise the elements of the website and even print them, copy them, and store them on the hard disc of their computer or on any other device provided this be solely and exclusively for their personal, private use. Those organisations or persons, who, with prior authorisation from the owner of the website, seek to establish a link to it, shall guarantee that this only enables access to this Website or service and does not reproduce its contents or services.  

7. Nullity of the clauses. Should any of the clauses in these conditions be declared null and void, this will only affect that particular provision or that part of it that has been nullified, while all the other conditions shall continue to hold; just that particular provision, or part thereof, shall be deemed to be invalid.

8. Acceptance. Access to the Website, and its use by you, implicitly mean that you are considered to have accepted each and every one of these conditions.

9. Applicable law and jurisdiction. 

Without prejudice to the rights granted to consumers by Royal Legislative Decree 1/2007, of 16 November, and Decree-Law 17/2028 of 8 March, this website shall be governed by Spanish or Portuguese law, depending on whether the origin/destination of the flights contracted is in Spain or Portugal, excluding its conflict-of-law rules. Any dispute that may arise from its use, or the services linked to it, shall be subject to the jurisdiction of the competent Courts and Tribunals, in compliance with the applicable regulations.
The European Commission provides a platform for the resolution of online consumer disputes. Consumers can access this at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

For flights departing from/arriving at Spanish airports: In the event that you are not satisfied with the response provided by W2Fly to your complaint if it is about the application of the rights and compensations acknowledged in Regulation 261/2004 of the European Parliament and Council of 11 February 2004 or in Regulation 1107/2006 of the Parliament and Council of 5 July 2006, for flights from 2 June 2023 onwards, passengers have at their disposal the alternative dispute resolution procedure offered by the Spanish Aviation Safety Agency (AESA), and can access it through the AESA website www.seguridadaerea.gob.es/SAU_Pasajeros/Paginas/Inicio.aspx. The deadline for this procedure is one year from the filing of the complaint with the airline.

Revised version as of 31 May 2023