GENERAL TERMS AND CONDITIONS OF USE FOR THE AENA SME, S.A. WEBSITE
Aena SME S.A. creates and updates the site identified under the domain name foodtofly.aena.es o that the information it contains may be of public use.
Access to and browsing this website implies knowledge and unreserved acceptance of all the legal information and conditions for its use.
These general conditions have the purpose of regulating access to, browsing and use of this website, however, notwithstanding these, Aena SME S.A. may establish specific conditions to regulate the use and/or contracting of specific services offered through the website. In the event of any discrepancy between that stipulated in the general conditions and the content of the specific conditions for a particular service, that established in the latter will prevail.
Contact details of Aena SME S.A.:
Address: Peonías, 12. 28042, Madrid.
C.I.F (Tax Id. number): A86212420
Contact telephone: (+34) 91 321 10 00
Aena SME, S.A. is registered in the Companies Register of Madrid under Volume 28806, Folio 211, Section 8, page M-518648
2. Scope of application
Aena SME, S.A. has independent legal status, distinct from that of the State, full legal capacity and capacity to act for the fulfilment of its purposes, and its own property.
3. Exclusion of Liability
Aena SME S.A. makes every effort to avoid any mistakes in the content that may appear on this website.
Aena SME, S.A. guarantees neither the exactness nor the updated status of the information that may be obtained on this website, which may be modified without notice.
Aena SME S.A. assumes no responsibility arising from third-party use of the content of this site.
All the information contained (by way of example, without limitation, those concerning flight times, calls for tender, maps, employment offers, etc.) is of a purely informative nature. The information presented is not necessarily exhaustive, complete, correct nor updated. In the case of bids and legal texts, no guarantees are made that the reproduction is an exact copy of that adopted officially. Only texts published in the printed versions of the corresponding official bulletins or in the media are considered authentic.
The information provided by Aena SME, S.A. is general and involves no professional or legal advice.
Aena SME S.A. will carry out its best efforts to ensure that the Portal suffers no interruptions, but cannot guarantee the absence of technological failures, nor the permanent availability of the Portal and of the services it contains and, therefore, shall not hold itself liable for any damages that may be incurred due to lack of availability or failures in access caused by disconnection, breakdowns, overloads or network shutdowns for which Aena S.A. cannot be held responsible.
Aena SME S.A. does not guarantee the absence of viruses or other elements that may alter your IT system. Aena SME, S.A. waives any responsibility for damages or loss of any kind due to viruses or harmful elements.
4. Service subscriptions
In general terms, access to the utilities in the website does not require prior subscription or user registration. Notwithstanding the above, access to some of the services that are provided through the website may require that a subscription form be filled out beforehand. For these purposes, the user guarantees the authenticity and veracity of all the information that is provided when filling out the subscription form/s. Users undertake and are responsible for maintaining all the information that is provided in such a way as to ensure that it reflects their true situation, at all times.
If, as a result of the registration, users are issued a password, they undertake to maintain the password secret and to use it and access such services with due diligence. Therefore, users are responsible for appropriately storing any identification details and/or passwords that are supplied to them by Aena SME S.A. and for keeping them confidential. Furthermore, they undertake not to allow third parties to use them, either temporarily or permanently, nor to allow other persons access to them. The user will be responsible for the unlawful use of the services by any non-authorised third party who uses a password for said purposes due to the non-diligent use or loss of the password by the user.
5. Intellectual and Industrial Property Rights
© Aena SME, S.A., 2018.
Aena SME S.A. is the holder of the intellectual and industrial property rights of this website, as well as of its content.
The texts, designs, images, databases, logos, structure and other elements of this site are protected by intellectual property laws and international treaties. Any reproduction, transmission, adaptation, translation, modification, public communication, or any other use of the content, either whole or in part, of this website, carried out by any means or through any medium, electronic, mechanical or otherwise, is strictly prohibited, except with prior written authorisation from Aena SME S.A. Any infringement of these rights may lead to due legal proceedings.
6. Connections or hypertext links with the website
Users or owners of other websites who wish to create a hypertext link (hereinafter link) to the website should ensure and undertake to respect the rules set out by Aena SME S.A. regarding internet links.
- The link may only be to the Main Page or Homepage of foodtofly.aena.es unless express written authorisation is given by Aena SME S.A.
- The link must be absolute and complete, that is, it must lead the user, with one click, to the URL address foodtofly.aena.es and must feature the whole of the screen of the Main Page of foodtofly.aena.es .Under no circumstances, except with the express written authorisation of Aena SME S.A., should the website that embeds the link reproduce, in any way,foodtofly.aena.es , include it as a part of their website or within one of its "frames" or create a "browser" on any of the pages of foodtofly.aena.es .Under no circumstances, except with the express written authorisation of Aena SME S.A., should the website that embeds the link reproduce, in any way, foodtofly.aena.es
- Aena SME S.A. does not authorise the setting up of a link to foodtofly.aena.es from websites containing materials, information or contents that are unlawful, illegal, degrading, obscene or, in general, which contravene morality, public order or generally accepted social norms.
- Aena SME S.A. recommends that websites interested in creating a link to foodtofly.aena.es use the Aena SME S.A. brand logo to illustrate the link.
In any case, the inclusion of connections or links to the website by other websites does not imply that Aena SME S.A. maintains any kind of relationship or association with the owner of the website in which the link, is established, or that Aena SME S.A. promotes, endorses, guarantees or recommends the contents of the aforementioned portals or websites.
For its part, the Aena SME S.A. website may contain links to other portals or websites not managed by Aena SME S.A. Aena SME S.A. accepts no responsibility for the information contained in these portals or websites that can be accessed through links or search bars on the web pages of Aena SME S.A. The presence of links on the web pages of Aena SME S.A. have a merely informative purpose.
7. Restrictions of access
Aena SME S.A. reserves the right, at any time and without prior warning, to discretionally deny access to this website or any part thereof for any user.
8. Applicable law and authorised jurisdiction
The use of elements from this site implies acceptance of the legal warnings expressed herein and, more particularly, any disputes related to this site will be governed exclusively by Spanish law, the Spanish Courts and Tribunals being the only applicable authorities.
9. Modification of these conditions and warnings
Aena SME S.A. reserves the right to modify the conditions and warnings applicable to this website.
To avoid confusion please take into account that any reference to the term "Web, Website or Platform" in these Terms and Conditions, includes any current or future version of the Website foodtofly.aena.es as well as the mobile application Foodtofly via which our web page and services can be accessed. Please read these Terms and Conditions carefully before placing an order on the web (now or in the future), given that the purchase of any product offered on the web will be subject to these Terms and Conditions. The use of the Website is also subject to these Terms and Conditions. Aena SME, S.A. reserves the right to modify these Terms and Conditions.
If you refuse to accept these terms and conditions, you will not be able to place orders through our website.
10.1- "Foodtofly" website service
We offer you a service through which you can place food (hereafter, " Products ") orders (hereafter, "Orders ") from food points (hereafter, "Restaurants") that offer a collection service in the restaurant itself and appear on the Platform (hereafter, the "Service "). The binding contract for the acquisition and purchase of Products is between you and the Restaurant in which your Order is placed. In all cases, Foodtofly will complete the sale of the Products on behalf of, and as a commercial agent exclusively for the Restaurants.
10.2. Website access and conditions
10.2.1. Access to the Platform: Most of the areas of this Platform are open to everyone and can be visited and accessed without having to place an order.
10.2.2. Acceptance of the Platform Terms and Conditions: By accessing any part of the Platform you are agreeing to the Terms and Conditions. If you do not accept the Terms and Conditions you must cease use immediately, and not place any orders via the Platform.
10.2.3. Revision of the Terms and conditions: Aena SME, S.A. will be able to review The Terms and Conditions at any time, so please check the contents of these terms regularly, as you will be subject to the terms and conditions in effect at the time you place an order with us.
10.2.4. Liabilities: It is your sole responsibility to do everything necessary to access the Platform, and ensure that all those accessing the Platform via your profile and/or your Internet connection are aware of the Terms and Conditions, and comply with them.
10.3. Conditions of purchase
10.3.1. Capacity and legal age: When placing an order via the Platform, you guarantee that:
- 10.3.1.1. you are of the necessary legal capacity to enter into binding contracts; and
- 10.3.1.2. you are not under 18 years of age.
10.3.3. Alcohol: In addition, you acknowledge and agree that:
- 10.3.3.1. In accordance with the provisions of Law 11/2010 of 17 December on the prevention of the consumption of alcoholic beverages by minors, it is prohibited to sell alcoholic beverages to children under 18 years of age, or to persons over the age of 18 for children under 18 years of age;
- 10.3.3.2. Orders containing alcohol may not be accepted by persons under the age of 18.
10.4. How to place an order and how it is processed
10.4.1. Placing an order: Once you have selected the Products you wish to order from your chosen restaurant’s menu, you can order by clicking on the "place order" button or similar, in the understanding that the contract between Aena SME, S.A. and the user is concluded in that moment. Please note that it is important to review the information you have entered and correct any errors before clicking the "place order" button as once you click this button you can no longer make changes.
10.4.2. Modifying or cancelling an order: Once you have placed your order and your payment has been authorised, you may not cancel your order or request a refund, that is to say, the right of withdrawal cannot be exercised (for more details on order cancellation see section 10.6.3). If you wish to modify or cancel your order, you may contact our customer service, in accordance with the terms set out in section 10.6.3 and they will attempt to contact the restaurant in order to inform them of the requested changes. However, we cannot guarantee that we will be able to contact the restaurant or that the restaurant will agree to the changes, as they may have already started preparing your order.
10.4.3. Payment authorisation: When the payment made is not authorised, your order will not be processed or communicated to the corresponding restaurant.
10.4.4. Order handling and possible restaurant rejections: Upon receipt of your order, Aena SME, S.A. will process your request and send you a confirmation email notifying you that your order has been received and your request is in process.
Please note that any confirmation page you see on Platform and any order confirmation that you may receive via email only implies that your order has been received and is being processed by us, but not necessarily that your order has been accepted by the restaurant. We try to make sure that all our restaurants accept all orders and try to communicate any order rejections immediately. We will try to notify you of any possible order rejection as soon as possible (usually by email).
10.4.5. Order delivery: Estimated delivery and pick-up times are provided by restaurants and are only estimates. Neither we nor the restaurants guarantee that orders will be delivered or available for collection at the estimated times.
10.4.6. Order process completion: The contract process will end when the order has been delivered to you and Aena SME, S.A. receives the service assessment. Aena SME, S.A. will perform this check by sending an email to your user account to rate the service, Aena SME, S.A. will automatically send you an email to thank you for your confidence and, if necessary, to regret any inconvenience that may have been caused.
10.5. Price and Payment
10.5.1. The prices shall be as indicated on this Platform. These prices already include VAT.
10.5.2. Incorrect pricing: This Platform contains a large number of menus and incorrect pricing may appear on some of them. If the correct price of an order is different from the price that appears on the Platform, the rider will pay the price shown on the Platform, regardless of whether it was more or less than correct price.
10.5.3. Payment methods: Order payments will be made via the methods offered on the website, which can be modified at Aena SME, S.A.'s discretion and without prior notice. The payment platform belongs to Areas S.A.U., with address Avenida Diagonal 579 Barcelona 08014 CIF A08225013, so everything related to payments, returns and in general payment management, will be the responsibility of Areas S.A.U.
10.5.4. Card payments: When making a payment with a credit or debit card, you may be asked to show the card you paid with at the time of delivery as proof of identification and so that the restaurant can verify that the card corresponds with the order receipt data. Please note that delays in the payment and transaction process can sometimes occur; this may result in delays of up to sixty (60) days delay in the charging of your bank account or your credit or debit card.
10.5.5. Pre-paid vouchers, discount vouchers and promotional codes: They may be applied to your order if recognised by the Platform and issued by Aena SME, S.A. and paid for using an accepted payment method, in the event that the voucher does not cover the total order quantity.
10.5.6. Rejected Orders: Due to usual banking practices, once you have placed an order by credit or debit card and the payment has been authorised, your bank or card issuer will retain the full amount of your order. If your order is subsequently rejected by the restaurant or cancelled for any other reason, your bank or card issuer will not transfer us the order payment, and will instead release the corresponding amount back into your account. However, this can take between 3 to 5 business days (or more, depending on your bank or card issuer). You acknowledge and agree that neither we nor the corresponding restaurant are responsible for any possible delay on the part of your bank or card issuer in releasing the amount to your account.
10.6. Customer service
10.6.1. General: Customer service is very important to us. Our customer service team (hereafter, "Customer Service"), will try to solve any problems you may have with your order. You can contact our customer service by selecting the "Support" button, or similar, or by calling the phone number listed on the Website.
10.6.2. Questions about your order: If your order is taking longer than expected or if you experience any other problems with it, you can contact our Customer Service as set out in the previous section and one of our Customer Service advisors will attempt to contact the restaurant in order to follow up on your request.
10.6.3. Modifying or cancelling an order: If you wish to modify or cancel an order already placed and whose payment has been authorised, you can contact our Customer Service via the indicated methods and we will try to contact the restaurant with your request. However, we cannot guarantee that we will be able to contact the restaurant or that the restaurant will agree to accept your modifications or cancellation, as they may have already started processing your order.
10.6.4. Complaints and suggestions: If you are not satisfied with the quality of the products or services provided by a restaurant, please consider it appropriate to provide such information in the form of ratings, comments and reviews on the website (in ratings) that reflect your experience. Feedback is an important part of our quality control process.
10.7.1. Permitted conditions of use: You may use this Platform, as well as print and download extracts from it for your personal non-commercial use, provided that you respect the following rules:
- 10.7.1.1. You may not make fraudulent use of the Platform (such as hacking or \"scraping\").
- 10.7.1.2. Unless otherwise stated, copyright and other intellectual and industrial property rights on the Platform and any content published on it (including but not limited to photographs and graphic images) is owned by Aena SME, S.A. or Aena SME, S.A. licensees. These works are protected by intellectual property and copyright laws and conventions worldwide, and all rights are reserved. For the purposes of the Terms and Conditions of this Platform, all use of extracts from the Platform is prohibited other than that set in Section 8.1.
- 10.7.1.3. It is prohibited to modify the digital or paper copies of any content that you print in accordance with paragraph 10.7.1, and you may not use any drawing, photo, or other graphic, video or audio sequence, independently of any accompanying text.
- 10.7.1.4. You must ensure that Aena SME, S.A.'s status as the author of the content of this Platform always be recognised.
- 10.7.1.5. You are not authorised to use any of the contents of this Platform nor The Platform Site itself for commercial purposes without obtaining a license to do so from Aena SME, S.A..
10.7.3. All rights reserved: All rights not expressly granted in these Terms and Conditions are reserved.
10.8. Service Availability
10.8.1. Website Availability: Although Aena SME, S.A. seeks to ensure that the Platform’s Website and mobile application are available as normal twenty-four (24) hours a day, Aena SME, S.A. will not be responsible for the interruption of service at any time or for any period of time.
10.8.2. Delivery availability: The availability of our service depends on the Restaurants with which we collaborate, so the delivery of the orders will be subject to the individual operating hours of each Restaurant.
10.8.3. Suspension of access: Access to the Website and mobile application may be suspended temporarily and without previous notice.
10.8.4. Information security: Unfortunately, the transmission of information over the Internet is not completely secure. While we will take all the necessary measures to protect your information, we cannot guarantee the security of the data you provide on the Platform; any provision of data will be at your own risk.
10.9. Content and user behaviour
- 10.9.1.2. You declare and guarantee that any User Content you publish, or post does not breach any of the restrictions contained in paragraphs 10.9.2 and 10.9.3 below.
- 10.9.2.1. Violates any applicable local, national or international law;
- 10.9.2.2. Is illegal or fraudulent;
- 10.9.2.3. Supposes unauthorised advertising; or
- 10.9.2.4. Contains viruses or any other harmful programs.
- 10.9.3.1. Contain any defamatory, obscene or offensive content;
- 10.9.3.2. Promote violence and discrimination;
- 10.9.3.3. Infringe on the intellectual or industrial property rights of any other person;
- 10.9.3.4. Infringe on any legal obligation to a third party (such as an obligation of confidentiality);
- 10.9.3.5. Promote illegal activities or invade the privacy of third parties;
- 10.9.3.6. Give the impression that it has been created by us; nor
- 10.9.3.7. Be used while passing for another person or falsifying a link with any other person.
10.9.5. Use of the Opinions: Opinions and other User Content are for informational purposes only and do not constitute any advice on our part. Opinions and User Content reflect the opinions of users who have placed orders through the website or third parties, and any statements or advice provided by such persons are only from them. Accordingly, and to the extent permitted by law, we assume no liability to any third party for the opinions and User Content, including and without limitation, any errors, defamation, obscenity, omissions or falsehoods that said materials may contain.
10.9.6. Liabilities: You undertake to indemnify us against any loss, damage and/or claim (and other related costs) that a restaurant or third party may incur or claim against us as a result of the Opinions or Content included on our Platform that is in breach of any of the declarations and guarantees, agreements or restrictions set out in section 10.9.
10.9.7. Disclosure to authorities and courts: Aena SME, S.A. shall cooperate fully with any authority that requests or requires it to disclose the identity or location of a person that has published Opinions or content in breach of sections 10.9.2 or 10.9.3 or any other applicable restrictions, exempting us to the extent permitted by law from any liability for such disclosure.
10.10. Exemption from liability
10.10.1. Information regarding the Platform: Despite our best efforts to ensure that the information on this Platform is correct, Aena SME, S.A. does not guarantee its accuracy nor its completeness. Aena SME, S.A. may make changes to the contents of the Platform , or in the services and prices described therein, at any time and without prior notice. The content of this Platform may not be up to date and Aena SME, S.A. does not guarantee it will be up to date.
10.10.2. Allergies, diets and other menu information: We include this information on a page within our Platform. When this information includes information regarding allergies or other dietary requirements, we do everything we can to replicate that information exactly as it appears in the restaurant menu. If you have any concerns regarding allergies, intolerances or any other dietary preference (whether for you or someone for whom you are ordering), you should always contact the restaurant directly to verify that the food you wish to choose is suited to your needs.
10.10.3. Actions and omissions of the Restaurant: The legal relationship relating to the delivery and purchase of a food order is between you and the restaurant you order from. We have no control over the actions or omissions of any restaurant. By using the Platform, you accept and acknowledge, without limitation, that:
- 10.10.3.1. We do not offer any guarantee that the Products ordered from a restaurant through the Platform will be of satisfactory or adequate quality in your opinion, and we do not take responsibility for this.
- 10.10.3.2. Estimated delivery and pick-up times are provided by restaurants and are only estimates. Neither we nor the restaurants guarantee that orders will be delivered or available for collection within the estimated times.
- 10.10.3.3. We encourage all of our restaurants to accept all orders and communicate any rejection immediately in order to notify you (usually by email) as soon as possible. However, we cannot guarantee that restaurants will accept all orders as they may reject orders at any time, due to a lack of product, excess demand or for any other reason.
- 10.10.3.4. The above statements do not affect your legal rights against any restaurant.
10.11.1. Limitation of liability: In accordance with clause 10.10 and unless indicated otherwise by applicable law, Aena SME, S.A.'s total liability to you regarding your use of the Platform and of the services we provide, including (and merely illustrative effects) liability for failure to comply with The Terms and Conditions of this Platform and tort liability (including, for example, negligence) is limited to an amount equal to twice the value of your order or €100, whichever is less.
10.11.2. Additional costs: If your use of the content of this Platform causes the need for maintenance, repair or correction of equipment, software or data, you will assume all associated expenses, including, and without limitation, expenses related to the maintenance, repair or adaptation of any equipment, software or data that you may own, lease, license or use in any other way.
10.12.1. Causes of termination: Aena SME, S.A. may immediately terminate or suspend (at its discretion) both your right to use this Platform and the use of the services, notify you in writing (including via email) if:
- 10.12.1.1. you used the Platform failing to comply with the provisions of provision 10.7 .1 (License)
- 10.12.1.2. You have posted opinions or any other User Content in breach of provisions 10.9.2 or 10.9.3 (User Content and opinions);
- 10.12.1.3. you fail to comply with the provisions of the General Terms and Conditions (Links to, and from, other websites);
- 10.12.1.4. you fail to comply with any other Terms of this Platform
10.13. Written communications
By using our Platform , you agree that the communications sent to you will be primarily electronic. We will contact you by email or provide you with the information by posting it on our Platform. For contractual purposes you accept these mediums and acknowledge the validity of the contracts, notifications, information and other communications we provide to you by these means. This condition does not affect the rights that may apply to you.
10.14. Events beyond our control
10.14.1. We will not be held responsible for any failure or delay in the performance of any of our obligations under this Contract that is due to events outside our control (hereafter, "Force Majeure").
10.14.2. Force Majeure means any act, event, omission or accident that is outside our control and includes in particular (without limitation) the following:
- 10.14.2.1. strikes, blocks or any other industrial action;
- 10.14.2.2. civil revolts, riots, invasions, terrorist attacks, wars (declared or not), threats or preparations of war;
- 10.14.2.3. fire, explosion, storm, flood, earthquake, collapse, epidemics and any other natural disaster;
- 10.14.2.4. inability to use rail, ships, aircraft, motor transport or any other form of public or private transport;
- 10.14.2.5. inability to use public or private telecommunication networks and
- 10.14.2.6. acts, decrees, legislation, regulations or restrictions of any government.
11. Applicable legislation and jurisdiction
Unless otherwise stated in the applicable legislation, the use of the elements of this Platform implies the knowledge and acceptance of the legal warnings expressed herein and, in particular, that any conflicts related to this website will be governed exclusively by Spanish law, of which only the Spanish Courts and Tribunals have relevant authority.
Similarly, in the event of online disputes, we inform you that the European Commission provides consumers with an online consumer complaint resolution Platform, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
TERMS AND CONDITIONS OF PROMOTIONAL VOUCHERS
The following general terms and conditions ( hereafter, the "General Conditions") apply to all vouchers issued by Aena SME, S.A. for use on Platform , including prepaid vouchers (hereafter, "Prepaid Vouchers") and promotional discount vouchers (hereafter, the "Discount Vouchers"), (together "Vouchers").
Individual vouchers will also be subject to the General Conditions, modified or supplemented by, specific terms and conditions (the "Special Voucher Conditions") that are specified on the voucher itself or implemented at the time of issue.
Vouchers may only be redeemed on orders placed online via the Platform.
Special Conditions for Prepaid Vouchers
Prepaid Vouchers must be used through a registered customer account via www.Foodtofly.com before the expiration date indicated on the voucher itself and/or at the time it is issued by entering the voucher code (hereafter, "Prepaid Voucher Code"), and will expire if not used before that date. If the voucher is used before the expiration date, the voucher amount will be added the customer's account. Unless otherwise stated in the Special Voucher Conditions, any credit amount of the vouchers must be used within six (6) months of the date the prepaid voucher was issued.
If the order value is greater than the credit amount of the customer's account, the difference must be paid by debit or credit card.
Prepaid Vouchers and prepaid Voucher codes are valid for one use only. Once the code has been used (with or without authorisation), it will expire. The recipients of the vouchers must be responsible for their not being used by another person.
Special Conditions for Discount Vouchers
Discount vouchers must be used within the expiration date indicated on the voucher itself and/or from the time the voucher code has been issued (hereafter, "Discount Voucher Codes"), and shall expire after that date. In order to enjoy any voucher, the user must always pay by card.
The number of promotional discount vouchers will be detailed under the specific conditions of the promotion. Each promotion will have a certain number of discount vouchers to be redeemed. Once this number has been exceeded, no further redemption by discount code will be allowed and the voucher will automatically expire regardless of the expiration date.
General Conditions of use of all Vouchers
The right to use a voucher is personal to its original recipient and cannot be transferred. No voucher may be copied, reproduced, distributed, published directly or indirectly, by any means, for use by an entity other than the original recipient, nor stored on a data retrieval system, without prior written permission from Aena SME, S.A.. In particular, Vouchers distributed, and disseminated without our written authorisation, for example, on an Internet bulletin board or on an “offers” website, are not valid for their use and may be denied or cancelled.
Unless otherwise specified or stated in the Specific Voucher Conditions:
- vouchers may not be used in conjunction with any other Vouchers, discounts or promotions planned or announced;
- a voucher will be used by a user once at most;
- each customer or family is limited to one voucher per promotion or offer, and
- the right to use a voucher is personal and non-transferable.
By using the vouchers you declare that you are the authorised holder of the voucher, and that you are using it in accordance with these terms, legally and in good faith. If in our opinion, a voucher is used in violation of these terms, in an illicit or unlawful manner, or in bad faith, we will proceed to reject or cancel it.
Last updated: February 27, 2020
© Aena SME, S.A, 2020