Wamos Air

Legal Notice Privacy Policy

Notice Advice

IDENTITY OF THE WEBSITE OWNER

The Terms and Conditions shown below regulate access to the website https://www.wamosair.com, which belongs to WAMOS.

Between, on the one hand:

Wamos Air, S.A. CIF. A28261337. Domiciled at Calle Mahonia, No. 2. 28043 MADRID, SPAIN Entered in the Madrid Mercantile Registry, in General Volume 2766, 9092 of Section 3 of the Companies Book, Folio 1, Sheet number 18835, Entry 1. CICMA- 1 as a wholesaler.

Wamos Air, S.A., with tax identification number (CIF): A83516641. Domiciled at Calle Mahonia, No. 2. 28043 MADRID, SPAIN Entered in the Madrid Mercantile Registry, in Volume 18446, Book 0, Folio 45, Section 8, Sheet M-320211, Entry 1.

Hereinafter collectively referred to in this document as WAMOS AIR, owner of the website https://www.wamosair.com, Telephone: 914188760, Fax: 914188759.

And, on the other hand, the individual, hereinafter the User, who accesses the site to obtain information and to contract the services offered through the website.

LEGAL TERMS AND CONDITIONS

The use of this website implies an agreement between the User and WAMOS AIR, involving full and unreserved adherence to each and every one of the general conditions published by WAMOS AIR, in the version published and current at the time such access is made. For this reason, WAMOS AIR recommends that the User read these conditions carefully each time he or she accesses the Website.

Access to and use of the Website by minors is prohibited, hence the User declares that he or she is an adult (i.e. at least 18 years of age) and has the necessary legal capacity to acquire the services offered through WAMOS AIR´s Website, in accordance with these general conditions, which he or she understands in full. In the case of contracting by a minor, WAMOS AIR accepts no liability, and the minor or his or her parents or guardians shall be liable for assuming the costs this may incur. WAMOS AIR accepts no liability for the truthfulness and accuracy of the data entered by the User. WAMOS AIR reminds adult Users with minors in their care that it shall be the User’s responsibility exclusively to determine which services and/or contents are suitable for the minors’ age.

WAMOS AIR informs you that there are computer programs which enable you to filter and block access to certain contents and services, such that parents, for example, can decide which contents and services on the Website their children can have access to and which not.

Access to certain contents offered through this Website may be subject to certain specific conditions which, depending on the case, replace, complete and/or modify these general conditions. Therefore, before accessing and/or using these contents, the User must also read the corresponding specific conditions carefully.

WAMOS AIR may, at any time and without prior notice, change the design, presentation and/or configuration of the Website, as well as some or all of its contents, and modify the general conditions and/or specific conditions required for their use.

FORM OF PAYMENT

The User undertakes to pay for the services or products contracted using one of the following payment methods accepted by WAMOS AIR: Credit Card.

The purchase of any product will only become effective at the time that WAMOS AIR charges the full amount of the journey in a valid form to the credit card supplied by the User or receives the value of this purchase in cash or as a receipt for transfer. Up to this time it may be cancelled by WAMOSAIR, without the User having any right to claim.

The fact of making a reservation implies the commitment on the customer’s behalf to authorize the charge to the credit card thus supplied. If it is not possible to make the charge to the credit card (charge rejected), the User accepts that WAMOS AIR will not issue the reservation that was made.

Payment of all duties, taxes and charges levied by governments and other authorities or an airport operator shall be payable by the customer. When purchasing the Ticket, you will be notified of the duties, taxes and charges applicable to it, the majority of which will normally be shown itemized on the Ticket. The duties, taxes and charges applied to air transport change continually and it is possible that these will be applied after the Ticket issue date. If an increase occurs in a tax, price or charge is indicated on your Ticket, it shall be the customer’s obligation to pay it. Likewise, if a new tax, price or charge is imposed, even after the Ticket is issued, the customer shall have to pay it. Similarly, if any duties, taxes and charges the customer pays at the time the Ticket is issued are rescinded or their scope is reduced so that they no longer apply in this case, or the resulting amount is reduced, the customer shall have the right to demand a refund.

WAMOS AIR’S LIABILITY AND GUARANTEE

ACCESS

In general, Users shall be able to access the Website free of charge. However, WAMOS AIR reserves the right, in accordance with the legislation in force, to limit access to certain parts of the Website. In these cases, as a prior requirement to be able to access the service, the User will need to register by supplying all the information requested, in an up to date and real form (see Privacy Policy). The User is responsible for safeguarding the password provided by WAMOS AIR to access the Website and treating it as confidential, preventing access to it by unauthorized third parties. The User accepts responsibility for any economic consequences resulting from the use of the Website by third parties using the User’s password. Furthermore, the User undertakes to ensure and declares that all the data entered to request reservations are true, above all the e-mail address indicated for notifications, and undertakes to keep this up to date in any subsequent use he or she may make of the services offered on the Website.

WAMOS AIR reserves the right to deny or withdraw access to the Website and/or the Services at any time, without the need to advise in advance USERS who breach these General Conditions.

Access to transactional services and those which include personal data capture take place in a secure environment using the SSL (Secure Sockets Layer) protocol. The secure server establishes a connection such that transmitted information is encrypted. This ensures that the content transmitted is only intelligible to the customer’s computer and WAMOS AIR server. Users can confirm that the environment is secure if a closed padlock appears in their browser status bar. Our servers’ security guarantee is endorsed by a certificate issued by THAWTE. This certificate guarantees that customers are communicating their data to a WAMOS AIR server and not to a third party which is attempting to pretend to be the latter.

CONTENTS

WAMOS AIR reserves the right to interrupt access to its Website, as well as the provision of any or all of the Contents provided through it, at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power cuts or any other cause. This interruption may be temporary or permanent, in which case Users who may, where applicable, lose access to the information stored in the different services will be notified of this circumstance.

Consequently, WAMOS AIR does not guarantee the reliability, availability or continuity of its Website or its Contents, hence usage shall be at the User’s own risk and liability and WAMOS AIR shall accept no liability whatsoever at any time in this regard.

WAMOS AIR reserves the right to modify, suspend, cancel or restrict the Website content, the links or the information obtained through it, without prior notice.

WAMOS AIR shall not accept liability for any type of damages, losses, claims or expenses of any kind, for the information acquired or accessed from or through the Website, for computer viruses, operational faults or interruptions in service or transmission or line faults. The transmitting or sending through the Website of any illegal or illicit content, computer virus or messages which, in general, affect or violate the rights of WAMOS AIR or third parties is prohibited.

WAMOS AIR accepts no responsibility for Websites which it does not own which can be accessed through links or for any content made available by third parties. Any use of a link or access to a Website not owned by WAMOS AIR is made at the User’s sole will and risk. WAMOS AIR does not recommend or guarantee any information obtained from or through a link, nor does it accept liability for any loss, claims or damages resulting from the use or misuse of a link or the information obtained through it, including other links or Websites, from the interruption in the service or access, or from the attempt to use or misuse a link, both on accessing the Website and accessing information from other Websites through the Website.

OBLIGATION TO MAKE PROPER USE OF THE WEBSITE AND CONTENTS

The User undertakes to use the Portal, the Services, the Contents and these General Conditions in accordance with the law, good morals, good manners and public order. Likewise, he or she is obliged to use the Website, the Services and the Contents diligently, properly and lawfully and not to use them for purposes other than those contained in these General Conditions, or which are damaging to the interests or rights of third parties, or which in any way may damage, disable or corrupt the Website or its services, or prevent normal enjoyment of the Website by other Users.

In particular, merely for illustration without being limiting, the user undertakes to abstain from reproducing or copying, distributing or making available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

1- is in any way contrary to, slights or infringes on the fundamental rights and public freedoms enshrined constitutionally in International Treaties and other legislation; 2- induces, incites or encourages acts which are criminal, denigratory, defamatory, degrading, violent or, in general, against the law, generally accepted morals and good manners or public order; 3- induces, incites or encourages acts, attitudes or thoughts which are discriminatory by reason of sex, race, religion, beliefs, age or condition; 4- incorporates, makes available or permits access to products, elements, messages and/or services which are criminal, violent, offensive, injurious, degrading or, in general, against the law, generally accepted morals and good manners or public order; 5- is false, ambiguous, inaccurate, exaggerated or untimely, so as to be misleading or capable of misleading as to its subject or the informants intentions or purposes; 6- is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from its owners for its actual or intended use; 7- violates trade secrets of third parties; 8- infringes rights to honour, to personal and family privacy or to people’s own image; 9- in any way discredits WAMOS AIR or third parties; 10- breaches communication secrecy laws; 11- constitutes, where applicable, illicit, dishonest or unfair advertising and, in general, which constitutes unfair competition; 12- includes viruses, programs or other physical or electronic elements which are capable of causing any type of alteration in the computer systems of WAMOS AIR or third parties.

In accordance with the foregoing provisions, the User undertakes to use the contents made available to the Users on the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound effect contents, as well as its graphic design and source code (hereinafter the “Contents”), in accordance with the law, these conditions, other notices, regulations for use and instructions made known to the User, as well as with generally accepted morals and good manners and public order and, in particular, he or she undertakes to abstain from: a) reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents, unless he or she has authorization from the owner of the corresponding rights or this is permitted by law; b) deleting, evading or manipulating the copyright and other data identifying the rights of its owners incorporated in the Contents, as well as the technical devices for protection or any information mechanisms the Contents may contain.

INDUSTRIAL AND INTELLECTUAL PROPERTY

This Website belongs to WAMOS AIR. The Intellectual Property rights and rights to exploitation and reproduction of this Website, its pages, screens, the information it contains, its appearance and design, as well as the links established from it to other Web pages belonging to any company of those indicated above, belong exclusively to WAMOS AIR, unless stated otherwise. All the names, designs and/or logos making up this page are duly registered trademarks. Any improper use of these by people other than their legitimate owner may be pursued in accordance with the legislation in force. The intellectual property rights and trademarks of third parties are appropriately signaled and must be respected by all those who access the Website. The contents may be downloaded and any page of this Website may be copied or printed solely for personal and private use. The reproduction, transmission, modification or deletion of information, content or notices from this Website is prohibited without written authorization from WAMOS AIR.

DATA PROTECTION AND PRIVACY POLICY

At WAMOS AIR we are committed to protecting the personal information you share with us, because we believe that it is crucial to guarantee and protect the privacy and confidentiality of your personal data in accordance with personal data protection regulations, especially the General Data Protection Regulation (Regulation [EU] 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC).

This statement will define the data protection and privacy policy for the information you provide us, so that you will be ensured that (i) you can request to have your personal data cancelled at any time so long as the legal requirements on data protection and preservation are met; (ii) we are committed to complying with our commitment to keep collected personal data secret, and with our duty to keep them and not communicate them to third parties without express consent from the data subject; (iii) we have adopted the necessary technical and organisational measures, taking into account the latest technology and the costs of application, and the nature, scope, context and purposes of the data processing, in addition to considering the variable severity and likelihood risks for individual rights and liberties, to ensure a level of security that is appropriate for the detected risk, whilst also ensuring that personal data are pseudonymised and encrypted, guaranteeing the permanent confidentiality, integrity, availability and resilience of the processing systems and services.

The purpose of collecting, processing and using personal data

Except for the cases described in section 16.12 of this privacy policy on “processing data for access to the website”, your personal data may only be collected and used if you provide them to us voluntarily.

To this end, your personal data will be collected for the following purposes:

  • To issue air carriage tickets and reservations, and to manage, expand and improve our services, and to send out technical and operational information on service changes via email or through other equivalent channels (changes in schedules or operations, cancellations, etc.).
  • To comply with the identification obligations required by law enforcement, airport and customs authorities (among others) that are necessary for satisfying the air carriage contract.
  • To be able to complete all the formalities necessary to satisfy the purchased air carriage service, and to provide ticket administration and customer service.
  • Moreover, if you purchased your flight as part of a holiday package, your personal data will be used to comply with and maintain the contractual relationship, for the same purposes described above.
  • To conduct customer satisfaction surveys to improve the services we furnish and to prepare commercial offers.
  • Health data: We may collect health data to comply with the service agreement, for example in order to offer you in-flight meals that are compatible with your health status. Health data will not be shared with third parties except where legally required or in pursuit of the legitimate interest of WAMOS AIR, a third party, or you. If you have not provided health data, WAMOS AIR reserves the right to deny you the corresponding aspect of the service.
  • To verify bank account or credit/debit card information.
  • To comply with security requirements.
  • Analysis of fraudulent actions by passengers and compliance with legal or law enforcement requirements.
  • To prepare and send out service invoices.
  • When making reservations, the personal data of other passengers may be submitted. You should therefore ensure that you are providing this data with the consent of your travelling companions.
  • To send out commercial information and newsletters, if the passenger has expressly consented to the provisions of this clause.

Transfers of purchase data

In order to manage the purposes inherent to implementing and complying with the subject of this agreement, you are informed that we are required to communicate the personal data you must provide for provision of the corresponding service to various product and service providers (in the case of holiday packages, sending the declaration to other air carriers, tour operators, hotels and recipients and any other service providers necessary for executing the agreement), who will be required to use the data for the sole and exclusive purpose of complying with the agreement, all in accordance with contracts signed for such ends.

The personal data of children and adolescents (minors under 13) are only collected, stored and used for the purposes of executing the agreement.

On the other hand, there are times where we will have to share the personal data from your reservation with customs departments or other authorities from the destinations we fly to so that you will be entitled to enter them.

Retention time for purchase data

The personal data you provide over the course of the purchase process will be retained so long as there is still a contractual relationship between the parties, and for a period of five years.

Legal basis for processing:

The legal basis for processing your personal data, with regard to the purposes described above, is the execution of the signed carriage contract (Royal Legislative Decree 1/2007 of 16 November that approved the Consolidated text of the Spanish Consumer Act and other complementary laws).

Newsletter and subsequent advertising

If you would like to receive our newsletter and our commercial offers, you will have to register with us and provide us a current assigned email address where we can verify that you are the applicant and that the address is your own. By accepting this privacy policy for receiving communications, users expressly consent to have their personal contact data added to our systems for these purposes.

Timeframe for unsubscribing from commercial communications once consent is revoked.

Users who exercise their rights of erasure or who revoke their consent will have their collected data deleted by WAMOS AIR within a maximum of 72 hours.

Legal basis for processing:

The legal basis for processing your personal data with regard to the purposes described above is the consent users have given by accepting the privacy policy for receiving communications

Automated decision

Where it has received users’ express and unequivocal consent, WAMOS AIR will make automated decisions, including creating profiles, in order to provide information on products and services based on the circumstances of users and the market.

Purposes other than collection

If the personal data are scheduled to be processed for a purpose other than the purpose for which they were collected, information on this other purpose will be provided before this subsequent processing, together with any additional pertinent information so that users may grant express and unequivocal consent.

Data processed to make it possible to use the website

Whenever you visit one of our websites, we collect the data we need so that you can access them (usage data). This includes your IP address, data on the start, end and purpose of your visit to the website, and possibly identifying data (for example, data on when you started your session if you logged-in in the private area). These data are used for providing and designing the basic service based on each user’s needs, and they are deleted as soon as they are no longer needed.

Cookies

If you visit our websites, information may be stored on your local device in the form of cookies. Cookies are small text files that a web server sends to your browser, and that are stored on your device. This allows us to recognise you if you visit the website repeatedly. This way we can ensure the website works optimally and, for example, that you do not have to log in repeatedly. For further information on the cookies we use, please see our Cookies policy.

User profiles with pseudonyms for advertising and market research (web analysis and tracking)

WAMOS AIR uses web tracking systems for advertising, for market studies and to make its websites as pleasant as possible. In this regard, the data on the use of our website is stored in pseudonymised user profiles. This allows us to make our websites even more developed and to adapt their content to your needs. Furthermore, the usage profiles are used for what is known as redirection. This allows WAMOS AIR to publish interesting offers and insert them into other websites you visit. The pseudonymous usage profiles are not combined with personal data.

You may oppose the creation of pseudonymous usage profiles. On one hand, you can block the cookies settings in your browser. On the other hand, there are certain add-ons you can install in your browser to protect your privacy by blocking tracking.

Communication of data to third parties

Unless you have provided express, unequivocal consent, your health data will not be shared with third parties except where legally ordered or required, or in pursuit of the legitimate interest of WAMOS AIR, a third party, or you.

Data transfers outside of the EU (European Union)

Insofar as necessary for our purposes, we also communicate your purchase data to recipients who do not belong to the EU, ensuring that the party receiving the data guarantees an adequate level of data protection and that no other legitimate interest is opposed to the data being transferred. In order to ensure these data recipients have an adequate level of protection, we use the EU Commission’s template contract for personal data transfers to third countries.

Data security

WAMOS AIR has implemented the necessary technical and organisational measures, taking into account the latest technology and the costs of application, and the nature, scope, context and purposes of the data processing, in addition to considering the variable severity and likelihood risks for individual rights and liberties, to ensure a level of security that is appropriate for the detected risk, whilst also ensuring that personal data are pseudonymised and encrypted, guaranteeing the permanent confidentiality, integrity, availability and resilience of the processing systems and services.

All of our employees and associates and everyone involved in processing the personal data are required to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and with all other relevant laws on data protection and confidential handling of personal data.

We use a secure transfer method to protect our users’ personal information (Secure Socket Layer - SSL). SSL encryption guarantees the encryption and integrity of your data.

Exercising rights of access, rectification, cancellation and opposition

You are informed that, insofar as the legal requirements have been met, you have the right to free confirmation of whether WAMOS AIR is processing personal data that affect you. As a data subject, you have the right to access your personal data, and to request to have any imprecise data rectified, or if applicable, to request to have them erased for reasons such as the data no longer being necessary for the purposes for which they were collected. You may also request to have the processing of your data restricted. In this case, we will only retain them to exercise or defend against any claims, or for prevailing legitimate purposes.

You may also oppose the handling of your data in certain circumstances and for reasons related to your specific situation. WAMOS AIR will stop processing the data, except where legitimate purposes prevail, or to exercise or defend against possible claims.

In all communications sent for advertising purposes, you will be able to exercise your right of opposition. If you have granted data protection consent, you may revoke it any time, effective in the future.

You may exercise these rights by sending written notice with the subject “GDPR Rights” to the company at its headquarters at C/Mahonia, 2 (28043), Madrid, attaching a copy of your official identification document, or by sending an email to WAMOS AIR’s data protection officer at (lopd@wamos.com).

Filing claims with the data protection authority

Users may send any claims related to the processing of their personal data to the Spanish Data Protection Agency (www.agpd.es).

Communications policy

At WAMOS AIR, we are committed to protecting the personal information you share with us. This declaration is enshrined in our privacy policy with regard to the information you provide us upon accepting these terms and conditions. By accepting these general terms and conditions, users expressly agree to have their personal contact data incorporated into our systems, and to the following purposes, which the users also expressly consent.

Data collection purposes:

To send out commercial communications in both paper format and electronically or remotely, or via direct contact: On products and activities that, at any given time: (i) WAMOS AIR may be offering; (ii) that are offered by any of the WAMOS AIR Group companies subject to Royal Legislative Decree 1/2007 of 16 November that approved the Consolidated text of the Spanish Consumer Act [Real Decreto Legislativo 1/2007, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios] and any other complementary laws that may come to amend or replace it. Users may choose the channels or media through which they would like or not like to receive these communications at any time.

Sending of commercial offers:

WAMOS AIR may process the personal data you have provided (such as contact information and personal details such as date of birth and interests related to cruises) for the purposes of customer service, to send out selected information on WAMOS AIR products and services, and to conduct market studies. WAMOS AIR may also share these data with certain WAMOS Group companies that may use them to contact you for the purposes described above. Any updates to the data may be shared among these companies.

Analysis and creation of profiles:

To create automated profiles in order to offer you products customised to your needs. To this end, WAMOS AIR informs you that: (i) this analysis will not take legal effects or have discriminatory consequences that may arise due to sensitive criteria, such as race or ethnic origin, political opinions or religious creeds, health status or sexual orientation, because this information is not included in the processing; (ii) you are entitled to obtain human intervention in the processing, to express your opinion, to obtain an explanation about decisions made based on automated processing, and to challenge any such decisions by directly notifying our data protection officer at (lopd@wamos.com); (iii) the logic that is applied is based on a proactive analysis of risks and by applying statistical techniques and customer segmentation to your data, for the following purposes: (a) to study products or services that may match your specific user profile and trip, all in order to send you commercial offers customised to your needs and preferences; (b) to track purchased products and services; (c) so that WAMOS AIR or any third parties it may hire can conduct satisfaction surveys by phone or electronically to assess the services they provide; and (d) to design new products or services, or to improve the design and functionality of the current ones, and to define or improve user experiences.

Users also accept that WAMOS AIR may share their profile data with other WAMOS AIR Group companies for the purposes mentioned above, and that these companies may contact them with relevant content. Users consent to have any available personal data they have provided incorporated into the profiles created for them, such as: contact information (such as name, address, email address); additional information (trip types and destinations); customer history (such as the receipt of offers, purchase data or ancillary services offered by WAMOS AIR); data from apps, websites or social networks (such as data from online queries or requests for information).

Record of authorisations:

User information on email address, telephone number, name and surname and registration channel, will be supplemented and enhanced with data from commercial data suppliers or from public sources, in addition to statistical socio-economic data (“Additional Information”), always ensuring that they comply with the requirements specified in the current data protection regulations.

The included data will be collected from the following channels that WAMOS AIR has provided for collecting data, namely: (i) Remote channels, downloading offers, online check in, the purchasing process, survey channels, newsletters; and (ii) in person, call centres, website use.

Retention period:

The incorporated data will be erased once one month has passed since the user requested to have them erased.

Legal basis for processing:

The legal basis for processing your personal data with regard to the purposes mentioned above, is the user consent granted by accepting these general terms and conditions, which will apply based on the consents expressly granted to WAMOS AIR in relation to the foregoing points.

Exercise of rights by users:

Users have the right to access their personal data, and to request to have any imprecise data rectified, or if applicable, to request to have them erased for reasons such as the data no longer being necessary for the purposes for which they were collected. Users may also request to have the processing of their data restricted. In these cases, we will only retain them to exercise or defend against any claims. You may also oppose the handling of your data in certain circumstances and for reasons related to your specific situation. In this case, WAMOS AIR will stop processing the data, except where legitimate purposes prevail, or to exercise or defend against possible claims.

Users may access their information, rectify it, request to have it cancelled or oppose having it processed, in addition to revoking their consent at any time, without doing so affecting the lawfulness of the processing based on their consent before it was revoked in writing in a written notice addressed to lopd@wamos.com.

You may exercise these rights by sending written notice with the subject “GDPR Rights” to WAMOS AIR at its headquarters at C/Mahonia, 2 (28043), Madrid, attaching a copy of your official identification document, or by sending an email to WAMOS AIR’s data protection officer at (lopd@wamos.com).

Filing claims with the data protection authority:

Users may send any claims related to the processing of their personal data to the Spanish Data Protection Agency (www.agpd.es).

This privacy policy was modified for the last time in May 2018