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Ownership of the portal

BINTER CANARIAS S.A., hereinafter BINTER CANARIAS, with registered address at C/ Ignacio Ellacuría Beascoechea, 2, 35214, Telde, Las Palmas, and with tax registration number(CIF) A-38666897, and entered in the Las Palmas' Business Register on folio 21, volume 1671, section 8, sheet GC31164, is the owner of the URL addresses www.bintercanarias.com, m.bintercanarias.com and movil.bintercanarias.com, as stated in the note in the margin of entry number 42, on folio 121 of volume 939 General, sheet GC 4948.

General conditions for using the web site

The terms and conditions stated below regulate access to, and use of, the website www.bintercanarias.com, m.bintercanarias.com and movil.bintercanarias.com (hereinafter, BINTERCANARIAS WEBSITE), property of BINTER CANARIAS, S.A. with registered offices at the Airport of Gran Canaria, Telde, whose finality is the internal and external entry portal of BINTER CANARIAS, and provides the users with information and content via Web.

The user is obliged to make adequate use of the content and services which BINTER CANARIAS offers through the BINTERCANARIAS website.

BINTER CANARIAS may establish Particular Conditions for the use of certain contents and services, which will be known and accepted by the user before they are used. These particular conditions may replace, wholly or partially, complete and/or modify the contents of these General Conditions. It is understood that the user fully accepts the Particular Conditions by the mere fact of accessing or using the contents or services regulated by said Particular Conditions. In the case of a contradiction between the terms and conditions expressed in the General Conditions and the Particular Conditions, the latter will always prevail for incompatible terms and only for those services and/or contents that are subject to that specific regulation.

BINTER CANARIAS will adopt all the measures within its reach in order to impede any type of conduct contrary to Spanish Laws and will cooperate with the competent Authorities in the identification of the persons responsible for the actions which might entail infringements of the laws applicable to the BINTERCANARIAS website.

A person becomes a user by accessing the BINTERCANARIAS website from any type of device. The user shall use the services and contents thereof exclusively for private purposes and/or as a client of BINTER CANARIAS, excluding any form of later use of said services and contents for profit making or to gain any direct or indirect benefit.

Should the user decide not to accept these General Conditions, the Particular Conditions that may be applicable or whatever new conditions may, in the future, replace the current ones, the user should abstain from accessing the BINTERCANARIAS website.

We do our reasonable utmost to keep the website updated and in a good functioning state. However, new are not responsible for nor do we guarantee that access to the website is infallible, continuous or free from deficiencies; neither can we guarantee that the content you can access through the website is free from harmful elements, viruses, breakdowns, omissions, disconnections or other elements which may cause damage. We will not be responsible for the damage of any kind or nature derived from the use of the website, including but not limited to those caused to the computer systems, devices, or those caused by misuse of the website, interruptions or defects in the transmission of data though the Internet or those caused by third parties through illegitimate action beyond our control.

Object of the web site

By accessing the BINTERCANARIAS website, users may enjoy the use of different contents and services that will be offered either by BINTER CANARIAS or by third party suppliers in the conditions determined for them.

In general, the services and contents offered on the web BINTERCANARIAS website will be available in Spanish, English and French, notwithstanding the possibility, at the discretion of BINTER CANARIAS, of providing access to these in the other official regional languages of Spain, as well as in other languages of the European Union, other than those mentioned above.

BINTER CANARIAS reserves the right to maintain, exclude or modify the contents and services provided on the website, without prior notice to users, notwithstanding the contents of the Particular Conditions that may regulate the use of a given service and/or contents intended for clients of BINTER CANARIAS. Access to the site is free of charge, without the need for prior authorisation, subscription or registration, except for the specific services and contents intended for clients of BINTER CANARIAS in which these requirements may be determined in these General Conditions or in their Particular Conditions.

Nevertheless, BINTER CANARIAS may require users who are not clients of this company to make a financial contribution for access to, and use of certain content and/or services. These services and contents would be subject to regulation by the relevant Particular Conditions, of which the user would receive prior notice. The user will be understood to fully accept the Particular Conditions solely by accessing and using the contents or services regulated by the Particular Conditions.

BINTER CANARIAS may unilaterally and without prior notice, modify the provision, configuration and contents of the BINTERCANARIAS website, the conditions under which it may be used and access to the services provided, notwithstanding what is stated in whatever Particular Conditions may regulate the use of a given service and/or contents intended for the clients of BINTER CANARIAS.

User rights and liabilities

By the mere fact of accessing the site, the user, as final receiver of the services and contents, undertakes to comply with and respect the following obligations, rights and prohibitions.

Rights and liabilities:

The user may and, if such is the case, will be obliged to:

  • Access the available content and services of the site, free of charge and without prior authorisation, notwithstanding the technical or particular conditions, or the need for prior registration concerning specific services and contents intended for the clients of BINTER CANARIAS as determined by these General Conditions or by the Particular Conditions governing said services.
  • Use the available services and contents for his/her own exclusive private use, notwithstanding the contents of whatever Particular Conditions may regulate the use of a given service and/or content intended for the clients of BINTER CANARIAS. The user may download a single copy of the website for viewing off-line, for personal and not commercial reasons. Make suitable and lawful use of the site, in accordance with the legislation in force, ethics, morals and public order.
  • Inform BINTER CANARIAS of any action or contents that may be illegal or against fundamental public rights and liberties of the user, of BINTER CANARIAS, of third parties, or which could damage the operation of the site, its users and clients, by e-mail to the following address: [email protected]
  • Not access or use services and contents of the site for illicit purposes or for purposes that may violate the rights and liberties of third persons, or which may prejudice, harm or prevent in any way access to said contents and services, in detriment to BINTER CANARIAS or to third parties.
  • Refrain from using the services, totally or in part, to promote, sell, contract or disseminate personal or third party publicity or information without the prior consent of BINTER CANARIAS.
  • Site users will be personally liable for damage or harm of any kind caused to BINTER CANARIAS, directly or indirectly, arising out of the non-compliance with any of the obligations of these General Conditions or other regulations that may govern the use of the site.

Prohibitions:

Under no circumstances may the user:

  • Carry out any action that may entail copying, reproducing, distributing, publicly communicating, transforming, or any other similar action that involves modifying or altering all or part of the contents of the website without the prior written consent of BINTERCANARIAS or of the third party that is the owner of the intellectual and industrial property rights of those contents.
  • Include meta tags for brands, trade names or logos that are the property of BINTER CANARIAS in websites of their property or for which they are responsible.
  • Reproduce, wholly or in part, the BINTERCANARIAS website in any other website or page, nor create links from the BINTERCANARIAS website or the web pages that are accessible through this site that hide or modify –including but not limited to these actions– contents, advertising spaces and brands of BINTER CANARIAS or of third parties, regardless of whether or not they represent acts of unfair competition or confusion.
  • Create frames in a website of their property, or for which they are responsible, that reproduce the home page and/or other pages accessible through it, from the BINTERCANARIAS website, without the prior consent of BINTER CANARIAS.
  • Use the services and contents offered on the BINTERCANARIAS website in any way that is contrary to the conditions of use and which may prejudice or impair the rights of other users, especially those of the clients of BINTER CANARIAS.
  • Carry out any action that may prevent or impair access to the site by users, especially by clients of BINTER CANARIAS, or to the hyperlinks to the services and contents of third parties offered on the BINTERCANARIAS website.
  • Use any kind of computer virus, code, software, computer or telecommunications programme or equipment that could provoke damage or unauthorised alterations to the contents, programmes or systems that are accessible through the services provided on the site, or to users of this, or unauthorised access to any contents and/or services on the website.
  • Use the brand, trade name or any other kind of identifying sign that is subject to intellectual or industrial property rights, without the prior consent of its owner in writing.
  • Suppress or modify in any way the symbols that BINTER CANARIAS or legitimate third party owners of rights may incorporate in their creations that are subject to intellectual or industrial property owne
  • Eliminate or modify in any way the technical protection or identification devices of BINTER CANARIAS or their legitimate owners that may have the contents hosted on the website.
  • Introduce contents or information that may prejudice fundamental rights and public liberties, incite or promote the realisation of criminal, xenophobic, terrorist or degrading actions for reasons of sex, religion, age or creed, especially in chat rooms or discussion groups that currently exist on the site, or which may exist in the future, nor disseminate pornographic, obscene or violent contents or services, or any which may be against law, morals or ethics.
  • Collect electronic addresses and/or personal data in existing public areas of the BINTERCANARIAS website or those that may exist in the future, especially in existing chat rooms or discussion groups on the website, without the knowledge of their legitimate owners, for advertising purposes, for market research or any other commercial purpose.
  • Use the site as a means of access to the Internet to commit illicit actions, or actions that are contrary to the legislation in force, the morals, ethics and public order.

Rights and liabilities of BINTER CANARIAS

BINTER CANARIAS reserves the following rights:

  • To modify the technical and other conditions of access to the site, unilaterally and without prior notice to users, notwithstanding the contents of the Particular Conditions that may regulate the use of a given service and/or content intended for the clients of BINTER CANARIAS.
  • To establish particular conditions and, where applicable, the demand for a payment or other requirements for accessing certain services and/or contents.
  • To limit, exclude or place conditions on user access in circumstances under which there are not any full guarantees of a correct use of the site by users, in accordance with the obligations and prohibitions accepted by them.
  • To exclude certain contents, including messages introduced by clients in the website forums, from the website when BINTER CANARIAS is effectively aware that the content stored is illicit or that it harms the assets or rights of a third party that may claim indemnity. In this case, BINTER CANARIAS will act diligently to withdraw the aforementioned contents or render access to them impossible.
  • To terminate the provision of a service or the supply of content, without being liable for indemnity, when the said content or service is illicit or contrary to the conditions established for it, notwithstanding what is stated in the Particular Conditions that may regulate the use of a given service and/or contents intended for the clients of BINTER CANARIAS.
  • To modify, suppress or update all or part of the contents or services offered over the site, without having to give notice and notwithstanding what is stated in the Particular Conditions that may regulate the use of a given service and/or content intended for the clients of BINTER CANARIAS.
  • To take any legal or judicial action that may be deemed advisable for protecting the rights of BINTER CANARIAS and of third parties which provide their services or content over the site, provided that this is fitting.
  • To claim any compensation that may arise from undue or illicit use of all or part of the services and contents provided through the site.

Exemption and limitation of liability

BINTER CANARIAS is exempt from any form of liability for damages of any kind in the following cases:

  • Due to the impossibility or difficulties in connecting to the communications network through which this website is accessible, regardless of the kind of connection used by the user.
  • Due to the interruption, suspension or cancellation of access to the website, or due to availability or continuity of the functioning of the web and the services and/or contents of it, when this is due to a cause that is beyond the control of said website, whether or not this comes directly or indirectly from it. The company will accept no liability for complaints made concerning the impossibility or deficiency in the use of the site services in the terms established, notwithstanding what is stated in the Particular Conditions that may regulate the use of certain services and/or contents intended for clients of BINTER CANARIAS.
  • BINTER CANARIAS accepts no liability for the availability or technical and other conditions of access to the services and contents that may be offered by third party suppliers of services, especially concerning suppliers of information society services.• BINTER CANARIAS accepts no liability for the availability or technical and other conditions of access to the services and contents that may be offered by third party suppliers of services, especially concerning suppliers of information society services.
  • BINTER CANARIAS accepts no liability for the accuracy, reliability or justness of the information contained in, and/or offered by the website, or how appropriate said information may be for any given purpose, or of the services and/or contents therein, notwithstanding whatever is stated in any Particular Conditions that may regulate the use of any given service and/or contents intended for the clients of BINTER CANARIAS.
  • BINTER CANARIAS, at no time, accepts liability for the existing links to third party websites in the website of BINTER CANARIAS and, therefore, no claim for liability can be brought against BINTER CANARIAS with respect to whatever information or contents may be, among other actions, communicated, hosted, transmitted or exhibited through the contents of said third party websites.
  • BINTER CANARIAS accepts or will accept no liability for the services provided by third parties not connected with BINTER CANARIAS –including providers of information society services– through or by way of a website or page that can be accessed via a link from the website of BINTER CANARIAS.
  • BINTER CANARIAS accepts no liability for the information, content, products and services offered by third parties not connected with BINTER CANARIAS, including providers of information society services, outside the BINTER CANARIAS website.
  • BINTER CANARIAS will not be liable for any delay or failure that may occur in access to, or functioning of, the services and/or contents of the website that are due to a case of force majeure. “Force majeure” will mean all those cases that could not have been foreseen, or which, although foreseeable, were inevitable, and which lead to non-compliance with obligations. These include, but are not exclusively limited to, strikes, either of BINTER CANARIAS staff or others, insurrections or uprisings and any regulations or laws dictated by any civilian or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
  • BINTER CANARIAS accepts no liability for the opinions expressed, or for the messages introduced, by users and/or clients in the chat rooms or discussion groups on the website, or those that can be accessed through the website.

Information on the ticket booking and sales service

Notwithstanding the above, it is hereby stated that the air transport ticket booking and sales service of Binter Canarias, S.A. which can be accessed through, www.bintercanarias.com, m.bintercanarias.com and movil.bintercanarias.com is provided by the commercial body Operaciones Turísticas CanariasViaja S.A (OTCV), the address of which is Calle El Pilar 28 –Local A- Entresuelo, 38002 Santa Cruz de Tenerife and with Tax Identification Code A38876454, listed in the Commercial Registry of Santa de Cruz de Tenerife, Volume 2880, Folio 139, Section 8, Sheet TF-40611 Entry 1.

OTCV is a travel agency with Wholesale/Retail Group licence registration number IC 94, granted and supervised by the General Directorate of the Government of the Canary Islands competent in the area of tourism-related affairs.

Use and custody of access codes

Whatever access codes –user name and password– which, where applicable, BINTER CANARIAS may make available to website users and/or clients of BINTER CANARIAS for accessing and/or using a given service or content of the website, are confidential, secret, personal and not transferable for accessing and/or using the aforesaid service or content.

Any service or content which might require user validation with access codes for their access or use may be blocked by BINTER CANARIAS if successive errors are made entering the code. Nevertheless, BINTER CANARIAS may vary this number of errors after first informing users of the change. The block will only be lifted once BINTER CANARIAS has satisfactorily checked the identity of the user. Having lifted the block, new codes will be issued and delivered.

Users are responsible for the confidentiality of their access codes and these should never be given to third parties under any circumstances, nor should users facilitate their disclosure by recording them on any kind of storage system.

Should access codes become known, either by chance or fraudulently, to unauthorised third parties, or should any other kind of incident that could in any way compromise the confidentiality of said codes occur, BINTER CANARIAS will be informed immediately by telephone, conventional mail or by email.

Intellectual and industrial property

Copyright, the right of exploitation, and all the intellectual and industrial property rights, in relation to www.bintercanarias.com, m.bintercanarias.com and movil.bintercanarias.com and to the content, functionality and images, regardless of their nature and format, documents and other elements are the property of BINTER CANARIAS or of third parties which have granted exclusive authorization to BINTER CANARIAS for their use and/or reproduction, distribution, transformation and public communication. At no time must it be interpreted that placing this content at the disposal of the User can be considered as the transfer or assignment of Intellectual and Industrial Property Right, which will continue to be the exclusive property of their legitimate authors.

The user is aware that the contents and services offered through the website, including all the comments, exhibitions and html code –not limited to these– are protected by intellectual property laws. The copyright and the rights of exploitation of this website are financially the property of BINTER CANARIAS.

No part of this website may be reproduced, distributed, transmitted or communicated publicly, wholly or in part, using any kind of system or method, electronic or mechanical (including photocopying, recording or any kind of information retrieval and storage system) without the consent of BINTER CANARIAS. The transformation, interpretation or artistic execution fixed on any kind of support, or communicated through any medium, of all or part of the said website is also prohibited without the corresponding authorisation from BINTER CANARIAS.

The use, in any way or form, of all or part of the content of the site is subject to the need to apply for prior authorisation from BINTER CANARIAS and the acceptance of the corresponding license, except for cases concerning the recognised rights of the user granted in these General Conditions, or those that may be established in any Particular Conditions that BINTER CANARIAS may establish to regulate the use of a certain service and/or content offered over the website.

If a culpable or negligent action or omission, directly or indirectly attributable to the website user and/or BINTER CANARIAS associate, which gives rise to a violation of the intellectual and industrial property rights of BINTER CANARIAS, or of third parties –whether or not they benefit from this action– should cause damage, losses, joint obligations, expenses of any kind, sanctions, coercive measures, fines and other financial sums arising or deriving from any claim, suit, action or proceedings, be they civil, penal or administrative, to BINTER CANARIAS, this airline company will be entitled to take all and any kind of legal action against the user and/or associate and to claim any indemnity –including, but not exclusively limited to– that for moral damage, damage to its image, indirect damage, loss of earnings, advertising costs or costs of any other kind that may arise from the repair of said damages, the cost of any sanctions or condemnatory sentences, interests on arrears, the cost of financing any sums arising for the other party, legal costs and the cost of legal defence in any process that may arise due to the aforementioned causes due damages caused by their action or omission, notwithstanding any other actions BINTER CANARIAS may be entitled to take.

Online dispute resolution

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, we inform you of the existence of a European online dispute resolution platform that facilitates the out-of-court resolution of such disputes for contracts also concluded online between EU resident passengers and the air carrier in an independent, impartial, transparent, efficient and fair manner.

The platform is an interactive, multilingual website http://ec.europa.eu/odr, which will provide, free of charge, a single point of access for EU-resident passengers and the airline for the out-of-court settlement of contractual disputes arising from air transport contracts concluded online.

Binter Canarias does not participate in this programme at the moment and is not subscribed to an Alternative Dispute Resolution entity for Consumer Disputes unless it is obliged to do so by the current regulations of a member state of the EU.

We also inform the customer that they can address their complaint to the company using the following form.

E-mail address: [email protected]

Request for information

As regards any doubts or suggestions users may have concerning the above conditions for use, they can contact us at the following address [email protected].

Duration

Access to, and the contents and services offered on the site, will in principle last indefinitely. BINTER CANARIAS, however, is authorised to terminate or suspend access to the website, the services and/or content thereof at any time, notwithstanding the terms and conditions established in these General Conditions, or, if applicable, in any Particular Conditions that may regulate the use of a given service and/or content intended for the clients of BINTER CANARIAS.

Applicable Legislation

These General Conditions regulating this website will be regulated and interpreted pursuant to Spanish Legislation. If any clause or section in these General Conditions of Use, which are not essential for its existence, is declared to be null or inapplicable, the validity of the other clauses will not be affected.

The parties will endeavour to resolve their differences as regards these General Conditions amicably. In the event that no agreement is reached, the parties can appeal before the ordinary Spanish jurisdiction.