Terms & Conditions
“Immfly” is a platform (hereinafter called the “Platform”) that has been created by the Company with the same name in order to facilitate the procurement of products and services primarily inflight and at airports. IMMFLY, S.L. (hereinafter, “Immfly” or “we”) is a Spanish Company, provided with Tax Identification Number (NIF) B-66.155.979 and its registered office is in C/ Compte de Salvatierra 10, 2nd, 08006 – Barcelona (Spain); It is registered in the Companies Register of Barcelona, Volume 44026, Folio 192, Sheet B-444.927, first entry. You can contact Immfly via pone +34 93 599 19 13 or by email firstname.lastname@example.org.
The Terms and Conditions apply generically to any intervening party outside Immfly that landed on the platform, regardless of whether the user is a visitor to the platform or you have an account and you have registered with us (hereinafter the “User”), in connection with your use of the platform and how we handle and manage our products and services.
La descarga de la Plataforma, su uso y la contratación de los productos y servicios ofrecidos a través de la misma por Immfly se encuentra plenamente sujeta a los presentes Términos y Condiciones, a la Política de Privacidad y de Cookies. Con ocasión de la utilización por primera vez de la Plataforma se entenderá que el Usuario conviene en revisar las presentes Términos y Condiciones y en quedar obligado por los mismas. En el supuesto de que usted no esté conforme con todo o parte del contenido de los Términos y Condiciones, deberá abstenerse de descargar e instalar la Plataforma, de registrarse como Usuario o de efectuar cualquier tipo de uso de la misma y deberá proceder inmediatamente a su desinstalación, de seguir utilizándolo estará expresando la aceptación de los presentes Términos y Condiciones.
Access to this Platform is free, except for the cost of connection through the telecommunications network provided by the access supplier which engages the user
1. Registration as User and use of the Platform1.1 Registration
1.1.1. The Platform offered by Immfly is directed to adult individuals who act as final consumers. Consequently, the downloading of the Platform and the purchase of the offered products and services is strictly prohibited for minors, that is, younger than 18 years of age, or for those acting upon a purpose connected to their commercial activity, business, trade or profession. By downloading the Platform and engaging with the products and services offered through it, the User represents and warrants that he is of age and acting in their capacity as consumers and users.
1.1.2. The use of the Platform and contracting the products and services offered through it, listed in Section 2 below (“Products and Services offered through the Platform”) require prior registration by the User. Therefore, the user must:
a. Choose a password and provide the requested registration information that is current and accurate;
b. Maintain the password confidential, selecting one that is not easily deductible and preserving it from the knowledge of third parties (avoiding, for example and without limitation, communicating it directly to third parties, noting it down, etc);
Keep all data provided to Immfly updated and notify Immfly of any changes. Notwithstanding the above, in some cases it will be necessary for the enjoyment of certain products and/or services offered through the Platform, registering as a user on third party platforms unrelated to Immfly. In such cases, the Users will be informed in advance to know on what terms they may enjoy them and, where appropriate, consent will be obtained in advance before transferring personal data of users to any third parties offering such products and/or services.
2. Use of the Platform
2.1. The User agrees to use this Platform in accordance with the law, morality, generally accepted good customs, public order and the existing provisions of these Terms and Conditions. In particular, but without limitation, the User agrees to not use it for illegal purposes, those contrary to the provisions of these terms, to harm the rights and interests of Immfly or third party purposes and/or in any way damage, disable, overburden, or impair the Platform or prevent normal use. In particular, the User may only allocate materials and information accessed through navigation and the use of the Platform for personal use, agreeing not to exploit, directly or indirectly, any materials and information obtained through it.
2.2. At any moment, and without previous notice, Immfly reserves the right to disable identification codes or User data access (including access to your account) if, in our view, the User has, or in case of reasonable doubt, breached any provision of these Terms and Conditions of the Platform.
Users are liable for damages of any kind that Immfly may suffer directly or indirectly as result of a breach by the User of any of its obligations under these Terms and Conditions. Users also keep Immfly harmless against any penalty, claim or demand that might be brought by a third party, including any public organisations, against Immfly or its employees as a result of the violation of any third party rights by said User through the Platform user in a manner contrary to the provided Terms and Conditions.
4. Products and services offered through the Platform and purchase.
4.1. Products and services
Through the Platform, Immfly offers the possibility of contracting the following products and services, organised into the following sections:
4.1.1. Entertainment on demand: Users can purchase a wide range of products related through entertainment, which will be determined at all times by Immfly and can be consumed electronically on request of the User. This section contains, among others, categories such as movies and series, documentaries, video games, short videos, magazines and newspapers, guides or e-books.
4.2. Purchasing products and services
4.2.1. The User will be guided through the purchasing process. To this end, the user must first select, among which are listed on the Platform, the product or service you want to contract.
4.2.2. After making the selection, you will access a screen on which general information of the product is provided. In particular, on this screen with information about the product or service, the following will be indicated: total price of the products and services (separately indicating the price of the service, taxes of the Platform, applicable shipping charges and other costs that are relevant).
4.2.3. After reviewing all the conditions, the User must enter billing and payment information, or, in case previously entered, confirm the method of billing and payment, automatically retrieving them from the system. Once completed or ratified this information, the User must confirm the purchase of the product or service, which will complete the purchase process.
5. Confirmation of purchase
5.1. Once the contracting process has been finalized successfully, Immfly, within 24 hours of the conclusion of the purchase, will send the User proof of receipt of your order and its price, taxes, shipping charges and other costs associated with its purchase, together with a copy of these General Conditions.
6. General issues related to purchasing
6.1. Products or services contracted may be paid by credit card. Immfly may charge the cost for the use of such means.
6.2. If the User has any questions during the contracting process, you must refrain from issuing the order and contact Immfly through the contact information specified in the header.
7. Specific conditions for e-Commerce
7.1. The service
7.1.1. Immfly markets on behalf of suppliers, services and products from different suppliers at a guaranteed price. Each reservation made by a User through Immfly, consists of one or more products or services that will be available at a given time. Users book products or services available from suppliers from the list made available to them as detailed in each moment on the Platform. All products and services displayed on the Platform (or have been received by Users per e-mail) are subject to availability and Users, before proceeding to book, should check the availability of the product.
7.1.2. Immfly acts as an agent for suppliers regarding the products and services presented on the Platform or communicated to Users. Immfly carefully selects suppliers and the User can purchase those products through the Platform. Immfly is not in any way responsible for the quality of services and products offered through the platform, as we cannot guarantee the quality or standard delivered by the suppliers for which Immfly acts as an agent. Any question related to products and services purchased on the Platform must go directly to the supplier in question or to Immfly. In this regard, any question or complaint related to the User’s purchase of a ticket on the Platform must go to Immfly.
7.1.3. Immfly is not responsible for any conditions or limitations that may be established by the service supplier of the product on sale (e.g. the impossibility of cancelling a reservation after finalisation of the purchase). The User agrees to be bound by the terms and conditions of the supplier, including compliance with the rules and restrictions of the same in the availability and use of its rates and services and products. However, the User will be bound by these Terms and Conditions for the processed transaction regarding the purchase of a ticket.
7.1.4. All our prices are quoted in Euros and include I.V.A (VAT). The rates are stated on the Platform and it is specified what is included in the purchase, and any special conditions that may apply. However, we reserve the right to correct any errors in prices and sales descriptions prior to acceptance of your purchase. Unless the sales description states otherwise, the rates shown apply only to tickets, transfers and activities or destination services and exclude any other possible cost, such as the cost of travel or local taxes.
7.1.5. Our goal is to use photographs and descriptions to provide an accurate image of the products and services, dedicating our best efforts to ensure they represent reality as accurate as possible, without entailing that they are exact; for example, we do not guarantee an identical view as showed on the photograph.
7.2. Finalising a purchase
7.2.1. Services and products on the Platform are subject to availability and, therefore, when a User expresses his desire to make a reservation, before we can confirm it, we need to make sure it is available. The reservation request by the User constitutes a contractual offer to purchase the service or product in question, although there will not be a legally binding contract between the User and the supplier until the reservation has been confirmed.
7.2.2. For a reservation to be confirmed, the User must follow these steps:
18.104.22.168. The User shall formulate their intention to purchase the service or product on the Platform. Immfly will send an acknowledgement of the reservation to the email address provided by the User. The User should be aware that this automatic acknowledgement is not a confirmation of the reservation request and Immfly will contact the supplier to verify availability before there is any contract;
22.214.171.124. After sending the email, Immfly will check if all provided data is correct and that there has been no error or inadvertent omission, and also check availability with the supplier of the service or product. In case it is necessary to correct any possible errors or omissions, or if the service or product is no longer available, Immfly will send a notice accordingly to the User as soon as reasonably practicable;
126.96.36.199. Once Immfly has performed all the checks regarding the service or products that was requested by the User, an email notification will be sent accordingly to the User indicating that the reservation has been confirmed by the supplier, constituting in this notice the acceptance of the reservation on behalf of the supplier, which will lead to the existence of a legally binding contract between the User and the supplier in question to provide the service or product in accordance with corresponding conditions of the supplier. However, the User will be bound by these Terms and Conditions for the processed transaction regarding the purchase of a ticket.
188.8.131.52. To avoid any errors, Immfly reserves the right to alter or modify data in a service or product, and remove them if necessary, at any time before acceptance of the reservation in those cases where any mistake or omission regarding the data of the service or product or on request of the supplier.
184.108.40.206. If the User has any special request, it must be communicated at the time of booking. Immfly will try to refer all reasonable requests to the supplier, but cannot guarantee that they will be met by suppliers. Immfly cannot accept reservations that are subject to compliance with a special request.
220.127.116.11. If the User has any medical condition that could affect the booking, please notify us before booking, so that Immfly can determine whether the service or product is appropriate or not.
18.104.22.168. Once the reservation has been completed and paid for, Immfly will issue a receipt of the booking which mentions the corresponding details of the supplier of the service or product booked by the User. Note that this document is not a complete booking confirmation with all particular details and conditions concerning the reservation; it is merely proof of the receipt of payment on behalf of the supplier. The User will receive a voucher that must be presented upon arrival for the use of the service or product.
22.214.171.124. When the User receives the voucher and receipt for the service or product purchased, the User must make sure that all data are correct.
126.96.36.199. Immfly will not be held liable in case the voucher did not arrive by email. If it has not been received, the User must contact Immfly.
8. Payment conditions
8.2 When booking the product or service, we ask the User to ensure that all card details are valid and that there are sufficient available funds.
8.3. If the User has any questions with regards to any amount charges on their card, please contact Immfly immediately by email at email@example.com. In case we have detected we have received a payment in error, we will proceed immediately to reimburse the amount to the debit or credit card of the User.
9. Limitation of liability
9.1. While Immfly is committed to take all reasonable efforts to ensure the availability of the Platform, we cannot ensure a fast, uninterrupted and free of errors use of the same. In particular, but without limitation, IMMFLY disclaims all sorts of responsibilities in the following cases:
9.1.1. Technical failures that by accidental causes or otherwise, prevent a normal operation of the Platform;
9.1.2. Damages arising from computer viruses and similar or that are generated as a result of improper use of the Platform;
9.1.3. Interference of third parties on the service. Taking into account the advances in technique, it is possible that third parties can penetrate into the Platform and cause disturbance. Notwithstanding this, Immfly performs all technical efforts through the incorporation of appropriate technological measures to reduce such risks. However, the user is informed that these intrusions can happen, and that Immfly will not be responsible for the damages that it may cause.
9.2. In addition, in relation to those services or products provided by third parties, Immfly cannot be, in any way, responsible, directly or indirectly, for any service or product provided by their respective suppliers.
9.3. The links that can be settled in the Platform referred to advertising or other types of content and whose ownership or responsibility corresponds to third parties other than Immfly, are not the responsibility of Immfly, who in any case is obligated to control or to approve the services, contents, data, files, products and any kind of material existing in the applications or the page or web pages of third parties. Therefore, Immfly is not liable, under any circumstances, by the legality of the contents of such pages, being exclusive responsibility of the third party everything concerning the content of this link, especially the respect for the moral law, good customs and public order. The existence, if any, of links presupposes no relationship of any kind between Immfly and the owner of the linked website.
10. Force Majeure:
Any possible delay or failure to execute these Terms and Conditions by Immfly shall not be considered as a breach thereof and will be excused to the extent that has been caused by any cause outside of reasonable control of Immfly, including, acts of God, power outages, natural disasters, airspace closures and restrictions of the public authority, bad weather, strikes, public disturbances or threats thereof and war or threat of war.
11. Industrial and intellectual property
11.1. The user acknowledges that all elements of the Platform, information and materials contained therein, brands, structure, selection, management and presentation of its content, and software used, are protected by intellectual and industrial rights property of Immfly or third-parties, and that the access to the Platform does not give them with respect to such intellectual property rights any other right other than the specifically granted.
11.2. Unless it was expressly authorized by Immfly or, where appropriate, by third parties’ holders of the corresponding rights users not may reproduce, transform, modify, disassemble, perform reverse engineering, distribute, rent, loan, make available or allow access to the public through any means of public communication of any of the elements referred to in the preceding paragraph. The user can only allocate materials, elements and information that it accesses by the browsing and use of the Platform to its personal use, undertaking not to make either directly or indirectly, a commercial exploitation of the materials, elements and information obtained through the same.
12. Update of the Platform
12.1. The information that appears on this Platform is the one in force on the date of its last update. Immfly reserves the right to improve its service for the benefit of users, update, modify or delete existing data in the Platform or its technical conditions of operation and use, and users must observe any instruction established by Immfly for this purpose through the Platform or through duly authorized personal. Immfly will warn users in advance if the modifications to implement will alter significantly the performance or operation of the Platform.
12.2. In the case that the present General Conditions are changed, Immfly will inform the users in advance so that they can meet the new applicable conditions and accept them or refrain from using the Platform and cancel their account on the it.
12.3. If there is any conflict between the present Special Conditions and any prior version of the same, and unless stated otherwise, the current Special Conditions will prevail.
13. Protection of personal data
The processing of personal data that the user can provide is subject in its entirety to the provisions of the Privacy and Cookies Policy, which is a part of the present General Conditions.
15. Functionality and interoperability of the Platform
The Platform is subject to the following operability conditions:
15.1. Within the airplane: the device’s airplane mode must be turned on. Once selected airplane mode, must be turned on only the Wi-Fi interface of the device. Turning on the Wi-Fi interface must be done according to the airlines equipment.
15.2. Outside the airplane: the user needs to have an internet connection, whether Wi-Fi or GSM (2G, 3G or 4G). The Platform is available for installation on iOS and Android devices. In addition, it is possible to access it using a web browser, with the limitations described below: Apple devices: iPhone and iPad from iOS 7 operating system version 7. The Application for Android-compatible devices can be installed from Google Play either installing the installation package available on the server of the aircraft. In the latter case, the user must have selected the configuration option that allows it to install applications from sources other than Play Store. Typically, this option is called 'Unknown sources'. Android devices: all Android devices with version after the 2.3.3 version should be able to support the Application installation. However, due to the fragmentation of the operating system and the implementation of each manufacturer, it is possible that the Application does not work correctly on some Android devices. Web browsers: are supported the following versions: Internet Explorer 9; Firefox 21; Chrome 21; Safari 5.1; Opera 23; iOS Safari 6.1; Android Browser 4; Blackberry Browser 10; Chrome for Android 36; Firefox for Android 31; IE Mobile 10. For the correct visualization of video content, it is necessary to have a version of Flash Player 14. In addition, some of the videos may be protected by DRM. In order to view this content, you need (i) an installed Android or iOS native Application (ii) that the Android device supports Google Widevine DRM version; and (iii) if viewing from a web browser, it is necessary to have an Adobe Flash plugin installed (minimum version of the Flash Player is the 14).
Immfly uses a SSL certificate to encrypt all data that are exchanged between users’ devices and Immfly servers.
16. User services
Users of the Platform may contact Immfly through the following methods:
i. Email: firstname.lastname@example.org
ii. Phone: +34 93 397 36 37
iii. Consulting Immfly's Frequently Asked Questions.
In the event that any clause of the present General Conditions is void or considered void, the rest of the conditions will not be affected, fully retaining its validity and term.
18. Applicable law
Litigious issues that may arrise from the Platform, performance, breach or interpretation of these Terms and Conditions, and the relationship between the User and Immfly will be governed in accordance with the Spanish law, both in contractual and non-contractual matters. Immfly and the User expressly agree to submit to the exclusive competence of the courts having jurisdiction in accordance with the applicable law, for any dispute that may arise between them.