LEGAL NOTICE OF AVIFLY TECHNOLOGIES S.L.

In compliance with Spanish Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), users are hereby informed of the following identifying details of the owner of this website and mobile application (together, the “Platform”):

1. Identification of the owner

• Owner: AviFly Technologies S.L.
• Tax ID (NIF/CIF): B22489181
• Registered office: Cl Pont, 33, 08511, L’Esquirol, Barcelona, Spain
• Contact email: soporte@aviflyapp.com

Accessing and using the Platform confers the status of user (the “User”) and implies full and unreserved acceptance of this Legal Notice in the version published at any given time.

2. Purpose and activity

Through the Platform, AviFly Technologies S.L. provides digital services relating principally to:

• Assessing the eligibility of claims for delays, cancellations, denied boarding and other flight disruptions, in accordance with applicable law (including, among others, Regulation (EC) 261/2004).
• The automated and/or assisted handling of claims against airlines, including communications, follow-up and, where applicable, assignment of the claim to AviFly.
• Providing information and tools to help passengers exercise their rights.

The information contained on the Platform is also general and informative in nature. It does not in any case replace the individual legal advice that may be necessary in specific situations.

3. Conditions of use of the Platform

The User undertakes to use the Platform and its contents in compliance with applicable law, this Legal Notice, morality and public order.

In particular, the User undertakes not to:

1. Use the Platform for unlawful or fraudulent purposes, or purposes contrary to good faith.
2. Introduce or spread computer viruses or any other physical or logical system capable of causing damage to the systems of AviFly, its suppliers or third parties.
3. Attempt to access, use and/or manipulate data belonging to AviFly, other Users or third parties without authorisation.
4. Access or attempt to access restricted areas of the Platform without meeting the conditions required for such access.
5. Reproduce, copy, distribute, make available or otherwise publicly communicate the contents of the Platform, except with the express authorisation of AviFly or where legally permitted.
6. Use robots, spiders, crawlers or similar tools to extract data or carry out bulk downloads of content, where doing so would place an unreasonable load on AviFly’s infrastructure.

The User shall be liable to AviFly and to third parties for any damage or loss caused as a result of breaching these obligations.

Where the use of certain services requires the creation of an account or the setting of access credentials, the User undertakes to:

• Provide truthful and up-to-date information.
• Keep their password confidential and not share it with third parties.
• Notify AviFly without delay of any unauthorised access to or misuse of their account.

4. Intellectual and industrial property

All contents of the Platform (including, by way of example, text, graphics, logos, icons, images, software, designs, source code, databases and any other protectable element) are owned by AviFly Technologies S.L. or by third parties who have authorised their use, and are protected by national and international intellectual and industrial property law.

Any form of reproduction, distribution, public communication, transformation, making available or any other form of exploitation of such contents without the prior express written authorisation of AviFly is prohibited, except where the law permits it.

The User undertakes to respect at all times the intellectual and industrial property rights in the Platform and its contents, and shall refrain from removing, altering, circumventing or manipulating any protection device or security system installed on it.

5. Liability and warranties

AviFly Technologies S.L. undertakes to maintain reasonable quality, security and availability of the Platform and the services it offers, but:

• It does not guarantee uninterrupted availability of the Platform, which may be affected by technical maintenance, third-party incidents or force majeure.
• It accepts no liability for damage or loss arising from:
  • Failures or disconnections in telecommunications networks causing the suspension, cancellation or interruption of the Platform’s service.
  • Unlawful intrusions by means of malware or other third-party computer systems.
  • Improper, inappropriate or unlawful use of the Platform by the User.
  • Security or navigation errors arising from the use of out-of-date browsers or insecure versions.

The informational content of the Platform is general in nature and does not guarantee any specific outcome, particularly in relation to claims against airlines, whose outcome also depends on the conduct of third parties (airlines, public bodies, courts and tribunals).

AviFly’s liability to the User for use of the Platform shall in no case exceed the limits set out in the Terms and Conditions applicable to the specific services the User may contract.

Nothing in this Legal Notice excludes or limits AviFly’s liability in cases where it cannot be excluded or limited under applicable law.

6. Links (hyperlinks)

The Platform may contain links to third-party websites (the “Linked Sites”).

• AviFly accepts no responsibility for the content, products or services that may be offered on the Linked Sites, nor for any damage or loss arising from accessing or using them; all responsibility lies with their owners.
• The inclusion of any link does not imply any relationship, recommendation or approval on the part of AviFly, unless expressly stated otherwise.

The User is permitted to establish links to the Platform’s home page, provided that:

1. No false, inaccurate or incorrect statements are made about AviFly or its services.
2. No trade marks, logos or other distinctive signs of AviFly are used without authorisation.
3. The site containing the link does not contain content contrary to the law, morality, public order or the rights of third parties.
4. The link does not create the impression of a commercial relationship or association with AviFly where none exists, and the Platform is not reproduced within another website (“framing”).

AviFly may at any time request the removal of a link if it considers that it does not meet the conditions set out above.

7. Protection of personal data

AviFly Technologies S.L. complies with applicable data protection law, in particular:

• Regulation (EU) 2016/679 (GDPR)
• Spanish Organic Law 3/2018 on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

Detailed information on the processing of the User’s personal data (purposes, legal basis, retention periods, disclosures, rights, etc.) is available in our Privacy Policy, accessible at all times through the Platform.

8. Cookie policy

The Platform uses its own and third-party cookies for the purposes described in the Cookie Policy (for example, improving the browsing experience, analysing traffic or personalising content).

The User can obtain detailed information about the use of cookies, as well as configure their preferences or withdraw the consent given, by accessing the Cookie Policy available on the Platform.

9. Amendments to this Legal Notice

AviFly Technologies S.L. reserves the right to amend, at any time and without prior notice, the content of this Legal Notice, as well as the presentation, configuration and functionality of the Platform.

Amendments to the Legal Notice will be published on the Platform itself and will apply from that moment. Users are advised to review this document periodically.

10. Governing law and jurisdiction

This Legal Notice is governed by Spanish law.

For the resolution of any dispute arising from accessing or using the Platform, AviFly Technologies S.L. and the User shall submit to the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving any other jurisdiction that might correspond to them, without prejudice to the rights available to the User where they qualify as a consumer under applicable consumer protection law.

11. Contact

For any query relating to this Legal Notice or to the Platform, the User may contact AviFly at:

Email: soporte@aviflyapp.com