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BRAVOFLY CONTRACTUAL SERVICE CONDITIONS AND PRIVACY POLICY

Welcome to bravofly.co.uk, a service provided by BravoNext SA ("BravoNext") with which you can access and receive news and information on trips, trasitional airlines and low-cost flights as well as other travel offers. The website, allows you to search for and find air tickets, compare and process reservations and ticket purchase requests with major airlines. Bravonext is a Swiss company (ID No.: CHE -115.704.228), based in Vicolo de' Calvi 2 - 6830 Chiasso, Switzerland.

Under this same agreement, the credit card payment processing services for goods and/or services purchased on this website are provided by BravoNext’s parent company lastminute.com NV (a Dutch entity, company number: 34267347) on behalf of BravoNext.

BravoNext informs you that when you buy travel products on its websites you may be offered travel insurance from our partner company Europ Assistance SA (operating through Europ Assistance SA Irish Branch) (EAIB). BravoNext collaborates with this insurance firm as party to a third party insurance contract, paying the cost thereof. EAIB shall be liable for any errors, negligence or incorrect information that may be supplied in relation to its intermediation activities.

We ask you to please read carefully and agree to the following terms and conditions ("T&C") that govern the service (the "Service") that BravoNext makes available at its URL www.bravofly.co.uk (the "Website"). BravoNext reserves the right to modify the T&C without notice when said modifications become necessary due to changes in market conditions, changes in rules and regulations, or in case of modifications to the risk factors with respect to BravoNext's provision of the Service through the Website. The updated version of the T&C will always be available on the web page located at http://www.bravofly.com/en/info/general-conditions.html. If you wish to take full advantage of the Service and be constantly informed about travel news, traditional airline and low-cost flights, the various travel offers available, as well as use our search engine to search, book and purchase tickets while comparing the schedules and prices of different operators, it is necessary that you register, entering your full and accurate personal information.

Please take into account that the access and use of the Website's free functionality requires the acceptance of these T&C on your part.

Registration

To register to the Service, the user (the “ User”) shall complete the registration process available on the Website and obtain their personal authentication credentials.

The User represents and warrants that all personal data and information provided during the registration process are up to date, complete, accurate and true. The User undertakes to communicate to BravoNext any changes of his/her personal data in a timely manner.

The User authorises BravoNext to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with BravoNext during such verification.

At the end of the registration process, the User will receive authentication credentials, consisting of a User ID and a secret Password for which the User shall be solely responsible for in relation to their possession and for the activities carried out through their use.

Should the User have knowledge of any unauthorised use of his authentication credentials and/or any other violations of their confidentiality, the User undertakes to promptly communicate to BravoNext knowledge of such unauthorized use and/or violation, reporting abuse of any kind to abuse@bravofly.com.

The User acknowledges that in order to regulate access to the Service, his/her authentication is exclusively linked to the verification of his User ID and password. Therefore, the User is liable for any possible damage caused or prejudices against BravoNext or third parties caused by the use, loss, misappropriation and/or compromising of the confidentiality of the User ID and password. All operations carried out through the User ID and password of the User shall be attributed to the User of such operation and requests. The User acknowledges that BravoNext shall also produce, as evidence of the operations carried out by the User, proofs obtained by the systems and procedures used by BravoNext in order to regulate access to the Website and to provide the Service.

Description of the service

Once the registration process is adequately completed, the User will be able to fully access BravoNext's Service, which includes information updates and news feeds on trips, traditional airline and low-cost flights and offers by the main operators; the use of bravofly.co.uk's search engine to look for information on tickets and offers from airlines while comparing the different options, and, finally, to use – by means of a license – our software application that allows the User to directly process a reservation and purchase order for tickets, without the need of making another connection to the company's website.

Use of the website - Purchase orders

The User can freely visit the Website and use its functionality only for personal, not commercial, use. When doing a search in the search engine, making reservations or processing purchase orders, the User recognises and states that he/she is acting in a purely personal capacity.

While searching or processing reservations and/or purchase orders, the User employs the web application by means of a non-exclusive and temporary license, granted for the time of the operation. This application allows the User to process, easily and directly, his/her requests without having to make an additional parallel connection to the Internet site of the provider of the service the User is interested in.

The User is not allowed to modify, reuse, copy, distribute, transmit, reproduce, publish, grant license or use, create derived tasks or jobs, transfer or sell, or in any case, make any commercial use or any use that is not personal in nature of the information, news, content, software and systems, or products obtained or made available to the User through the Website and the use of the Service.

To be able to use the functions of the Website, the User must have an Internet connection, which he/she must procure at his/her own expense from a reliable provider. BravoNext is not liable for any damages to the User's hardware that may be caused, directly or indirectly, by the Internet connection.

Rules of conduct

The User undertakes to use the Website, its functions and the Service for lawful purposes and according to the present T&C. Particularly, the User undertakes neither to send or spread, through the Website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the Website and its functions to perform any acts which could cause damage to the image and reputation of BravoNext or any other loss or damage to BravoNext.

Moreover, the User undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the Website by third parties.

Intellectual Property

The User acknowledges and recognises that all information, data, software, content, music, sounds, photographs and images, video and any other content on the Website (the "Content") are the exclusive property of BravoNext and its license holders.

With the exception of using the application as stated in section 3, the User does not acquire any rights on the Content and/or the Website, the only right being the right to use the Website according to these T&C.

The User is authorised to print and/or download the Content (including the T&C) only for personal use.

Hyperlink to other Internet Websites

The Website contains hypertext links to other Internet resources of commercial partners of BravoNext and/or third parties. The publishing of hypertext links on the Website is done for information purposes and as a reference for the Users’ use and does not imply any recognition or approval of the contents by Bravofnext. Moreover, BravoNext does not exercise control over the contents, information, services and/or products offered by such linked Websites. BravoNext shall be not be liable for the truthfulness, accuracy and updating of the information published on such linked websites.

The publication of a hypertext link and/or another internet resource on the Website does not imply any kind of commercial association and/or affiliation between BravoNext and the administrators of the linked websites.

Privacy policy and information regarding the processing of personal details

11.1. BravoNext, S.A. is a Swiss company belonging to the lastminute.com group, listed in the Ticino business register under no. CHE - 115.704.228 and with registered office at Vicolo de’ Calvi 2 - 6830 Chiasso, Switzerland (hereinafter, the “Company”, “we”, “us”, “our”).

The Company recognises the importance of protecting your privacy and your rights with regards to data protection. The internet is a very powerful medium when it comes to transmitting personal information; for that reason, the Company and all other companies belonging to the lastminute.com group undertake the serious task of respecting current laws regarding protection of personal data and the security of the same, with the aim of guaranteeing secure, controlled and confidential navigation for its Users and Customers. With this goal in mind, and in particular with an eye towards protecting data used to complete payment, the Company utilises codification and tokenization techniques (complying with security standards established by the Payment Card Industry - PCI), meaning your information is protected by alternative alpha-numeric codes that protect from incorrect use by non-authorized third parties.

The Company can modify the current privacy policy in order to ensure compliance with current law, adapting such policy to possible new legislation.

We recommend that you read this privacy policy attentively so you can understand the terms and conditions that apply to the collection and processing of your personal data by the Company.

11.2. In accordance with personal data protection laws, this privacy policy defines the treatment, handling and means for which personal data is processed for as follows

a) Users who access and consult the Website and/or use the Company’s Comparison Service as “User”; “Users”.

b) Users who access, consult the Website and/or use the Comparison Service and then purchase the Company’s services as “Customer”; “Customers”; “You”.

The User and/or Customer guarantees that personal data provided to the Company are correct, exact and updated, being responsible at all times to communicate any modification thereof to the Company which may in turn manage, adequately, the contractual relation between the parties. In the same vein, the User and/or Customer expressly recognizes that in case s/he has not provided the correct, updated information to the Company, the latter shall not provide its Services to the former.

The Company, being an entity located in Switzerland, is subject to Swiss law regarding the protection of personal data. For that reason, the Company undertakes to comply with obligations imposed by Swiss Federal Act on Data Protection of 19 June 1992 (FADP). In the same vein, the Company informs its Users and/or Customers that the Decision of the Commission of 26 July 2000 in accordance with Directive 95/46/CE of the European Parliament and the Council relating to the adequate level of protection for personal data in Switzerland declared that, in Switzerland, laws guarantee an adequate level of protection in accordance with Directive 95/46/CE.

In accordance with Swiss Federal Act on Data Protection of 19 June 1992 and with Article 45 of the Swiss Federal Act on the Supervision of Insurance Companies of 17 December 2004 (FASIC) we inform our Users and/or Customers that their personal data is processed and kept by the Company in the manner and for the means as follows, in accordance with the LPD and LSA.

11.3. The party responsible for the processing of Users’ and/or Customers’ personal data is BravoNext, S.A., a Swiss company listed in the Ticino under business register number CHE - 115.704.228 with registered office in Vicolo de’ Calvi 2 - 6830 Chiasso, Switzerland (hereinafter, the “Company” or the “Data Controller”).

11.4. The Company will collect your personal data, in your role as User and/or Customer, using the following sources:

  • Directly from you, as you directly provide the information to the Company by compiling the registration form for any Company Services on the Website or via telephone to our Customer Care Team. Such data as your name, surname, email address, phone number, etc. are necessary for the provision of the Services requested from the Company.

  • From informatic systems and software present on the Website to guarantee its correct functioning and which implicitly, during normal use, utilise internet communication protocols. This information is not collected directly to be associated with you, but rather, due to its own nature, may identify you. This category of data includes IP addresses or domain names of the computers connected to the Websites, uniform resource identifiers for requests made, the time of request, the method used to submit the request to the server, the size of the archive obtained as a response, the numerical code indicating the status of the response given by the server (correct, error, etc.) and other parameters relative to the operating system and the computer environment used. These data are used only to compile anonymous statistical information on the use of the Website and to control its correct functioning. The data may be used to establish liability in case of potential computer crimes damaging the Website.

  • Through the use of cookies in the Website. Cookies are small files which are stored on your computer, they hold a modest amount of data specific to you and allows a server to deliver a page tailored to you on your computer, hard drive, smartphone or tablet (hereinafter referred to as, “Device”). Later on, if you return to our Website, it can read and recognise the cookies. Primarily, they are used to operate or improve the way our Website works as well as to provide business and marketing information to the Website owner.

  • In accordance with the notice of cookie usage appearing on our Website’s homepage and our Cookie Policy you agree that, when browsing our Website, you consent to the use of cookies described herein, except to the extent that you have modified your browser settings to disable their use. This includes but is not limited to browsing our Website to complete any of the following actions: closing the cookie notice on the Homepage, scrolling through the Website, clicking on any element of the Website, etc.

What follows is a description of the type of cookies used in the website:

  1. Types of cookies according to the managing entity

Depending on what entity manages the computer or domain from which the cookies are sent and processed, there exist the following types of cookies:

  • First party cookies: these are sent to your Device from a computer or domain managed by us and from which the service you requested is provided.

  • Third party cookies: these are sent to your Device from a computer or domain that is not managed by us, but by a separate entity that processes data obtained through cookies.

  • Types of cookies according to the length of time you stay connected:

Depending on the amount of time you remain active on your Device, these are the following types of cookies:

  • Session cookies: these are designed to receive and store data while you access the Website. These cookies do not remain stored on your Device when you exit the session or browser.

  • Persistent cookies: these types of cookies remain stored on your Device and can be accessed and processed after you exit the Website as well as when you navigate on it for a pre-determined period of time. The cookie remains on the hard drive until it reaches its expiration date. The maximum time we use persistent cookies on our Website is 2 years. At this point the browser would purge the cookie from the hard drive.

  • Types of cookies according to their purpose

Cookies can be grouped as follows:

  • Technical cookies: these cookies are strictly necessary for the operation of our Website and are essential for browsing and allow the use of various features. Without them, you cannot use the search function, compare tool or book other available services on our Website.

  • Personalisation cookies: these are used to make navigating our Website easier, as well as to remember your selections and offer more personalised services. In some cases, we may allow advertisers or other third parties to place cookies on our Website to provide personalised content and services. In any case, your use of our Website serves as your acceptance of the use of this type of cookie. If cookies are blocked, we cannot guarantee the functioning of such services.

  • Analytical cookies for statistical purposes and measuring traffic: these cookies gather information about your use of our Website, the pages you visit and any errors that may occur during navigation. We also use these cookies to recognise the place of origin for visits to our Website. These cookies do not gather information that may personally identify you. All information is collected in an anonymous manner and is used to improve the functioning of our Website through statistical information. Therefore, these cookies do not contain personal data. In some cases, some of these cookies are managed on our behalf by third parties, but may not be used by them for purposes other than those mentioned above.

  • Advertising and re-marketing cookies: these cookies are used to gather information so that ads are more interesting to you, as well as to display other advertising campaigns along with advertisements on the Website or on those of third parties. Most of these cookies are “third party cookies” which are not managed by us and, because of the way they work, cannot be accessed by us, nor are we responsible for their management or purpose. Our Privacy Policy contains more information about the way third party cookies work, their purpose and how they are used. This information can be consulted in the list of available cookies as follows.

To that end, we can also use the services of a third party in order to collect data and/or publish ads when you visit our Website. These companies often use anonymous and aggregated information (not including, for example, your name, address, email address or telephone number) regarding visits to this Website and others in order to publish ads about goods and services of interest to you.

  • Social cookies: these cookies allow you to share our Website and click “Like” on social networks like Facebook, Twitter, Google+, and YouTube, etc. They also allow you interact with each distinct platform’s contents. The way these cookies are used and the information gathered is governed by the privacy policy of each social platform, which you can find on the list below in Paragraph 5 of our Cookie Policy.

To see the list of cookies used on this Website, click here http://www.bravofly.co.uk/en/info/list-cookies.html.

The information contained in the above list of cookies has been provided by the other companies which generate them. These companies have their own privacy policies in which they set forth both their own declarations as well as applicable disabling systems.

The lastminute.com group is not responsible for the contents and accuracy of third party cookie policies contained in our Cookie Policy.

You must keep in mind that if your Device does not have cookies enabled, your experience on the Website may be limited, thereby impeding the navigation and use of our services.

There are a number of ways to manage cookies. By modifying your browser settings, you can opt to disable cookies or receive a notification before accepting them. You can also erase all cookies installed in your browser’s cookie folder. Keep in mind that each browser has a different procedure for managing and configuring cookies. Here’s how you manage cookies in the various major browsers:

If you use another browser, please read its help menu for more information.

If you would like information about managing cookies on your tablet or smartphone, please read the related documentation or help archives online.

We do not install third party cookies. They are installed by our partners or other third parties when you visit our Website. Therefore, we suggest that you consult our partners’ Websites for more information on managing any third party cookies that are installed. However, we invite you to visit the following website http://www.youronlinechoices.com/ where you can find useful information about the use of cookies as well as the measures you can take to protect your privacy on the internet.

11.5. Users’ and Customers’ personal information is processed electronically and/or manually, guaranteeing security and confidentiality of the same, and avoiding any type of unauthorized access. The Company guarantees that the data will be processed in accordance with established uses and strictly within the time frame necessary to comply with the uses for which it is collected.

11.6 Users’ and/or Customers’ personal data is processed in the Data Controller’s registered office, on lastminute.com group servers located in Haarlem, the Netherlands, and in the offices of other entities to which data may be provided in order to provide the Services requested of the Company.

11.7. As specified in Clause 10.4, data furnished by the User and/or Customer to the Company are processed for the following uses:

A. The collection, maintenance and processing of personal data in order to create and maintain the contractual relation established for the provision of the Service requested by the User and/or Customer, in all its phases and by way of any possible integration and modification.

B. The sending of information via email, phone or SMS relative to the established contractual relationship, including any communication relating to modifications thereof.

C. Compliance with legal obligations and current law.

D. The collection, maintenance and processing of data to carry out anonymous, aggregative statistical analyses.

E. The Data Controller’s transmission - in cases permitted by law and except where the User and/or Customer has denied his consent - of advertising material via email or other equivalent electronic communication regarding similar or complementary products to those offered on the Website; on some occasions, with the exception of the Italian market, the Data Controller may send the User a personalised version of the aforementioned advertisement materials.

F. Without prejudice to the provisions of the preceding paragraph E, and only with the express consent of the User and/or Customer, to the Data Controller’s sending via email, phone, mail, SMS or MMS of the best deals on products and services marketed by the Owner or its partners or business partners operating in the following sectors: tourism, leisure, entertainment, high technology, fashion, decoration, consumer goods, food and beverage, finance, banking, insurance, energy, environment, communication, mass media, real estate, pharmaceuticals, clothing and textiles, education and training, energy, publications and publishing, information and communications technology, retail, sport, telecommunications and general services. On some occasions and with the exception of the Italian market, the Data Controller can inform the user - in a personalised manner - of the best available offers, adapting them to his/her tastes and preferences.

G. In case the Customer accesses the “My Area” section of the lastminute.com group, the Company shall process the reservation data for the specified uses as per the terms and conditions of this service, which consist of availing the Customer of a free, user-friendly service to facilitate the search and localisation of reservations carried out with any company of the lastminute.com group in any of its Websites.

11.8. In case the User and/or Customer does not provide correct data for the uses foreseen within sections A and B of the previous clause, the User and/or Customer cannot obtain the requested Service since the Company may not be able to furnish such services or comply with its contractual regulations as per the terms and conditions.

Treatment of personal data for the uses described in sections A, B, C, D, and E of the previous clause does not require the separate consent of the Users and/or Customers.

Treatment of personal data for the uses described in section F of the previous clause does not require the separate consent of the Users and/or Customers, which will be specifically requested by the Company. In the event that Users and/or Customers do not provide data for the above purpose, subject to the provisions of the section E, the Data Controller cannot send the User and/or Customer commercial offers to which the section F refers.

11.9. The Data Controller guarantees that the personal data in its possession will not be released and will be processed so that the security and discretion thereof is guaranteed, in any case avoiding unauthorised access.

Personal data provided by Users and/or Customers may be communicated, for the purposes described in this privacy policy, to the following parties:

  • The Company's employees and/or collaborators that assist and advise the Data Controller on administration, products, legal affairs, Customer Care Team, and information systems, as well as those in charge of maintaining the company's network and hardware/software equipment;

  • Airlines, hotels, car hire companies, insurance companies, tour operators as well as those other parties to which it is necessary to communicate the Users’ and/or Customers’ data in order to provide the requested services. Please note that airline companies are required, in accordance with new regulations introduced in the US and in other countries, to allow customs and border authorities to have access to flight passenger data. For that reason, in certain situations, the Company may communicate data collected on passengers included in the reservation to the competent authorities of the countries included in the Customer’s travel itinerary if local law requires.

  • Parties authorised to access personal data in accordance with current law.

The list of parties to which Users’ and/or Customers’ personal data may be communicated is available at the registered office of the Company and may be requested by writing to privacy@lastminutegroup.com

11.10. Any User and/or Customer whose data has been processed by the Company can exercise the following rights by writing to the Company: i) that the Data Controller confirms whether or not his/her personal data exists in its files; ii) to determine the origin of its personal data, and the means for, and methods by which it is processed; iii) obtain identifying details from the Data Controller or from its designated processing parties, if such parties were designated; iv) determine the parties or categories of parties to which their personal data may be communicated or which may learn of their personal data in their role as designated individuals; v) anonymously cancel, modify or block processed information, as well as the update, correction or integration of such data by the Data Controller, and vi) obtain a certification that the operations referred to in point v) above have been carried out and brought to the knowledge, even as regards their content, of those to whom such data has been communicated or sent, unless this proves impossible or involves a manifestly disproportionate use of means when compared to the right being protected; vii) oppose the complete or partial processing of personal data, for legitimate reasons; viii) oppose the processing of data for advertisement, direct sales or market or commercial research means.

The above requests must be sent to the Company at privacy@lastminutegroup.com.

In the same vein, in order to refuse offers sent via email from the Company as well as to exercise the aforementioned rights, the Customer may unsubscribe from said commercial communication by clicking the link at the bottom of every commercial communication sent by the Company for such purpose.

Finally, and without prejudice to rights existing in accordance with the preceding clause, we inform you that in certain countries there exist registries which you can join in order to avoid receiving advertisements via determined means, like, for example, mail or phone. These registries differ from country to country and have particular terms and conditions. For more information, click here http://www.bravofly.co.uk/en/info/cookies-registries.html.

Choice Of Applicable Law And Exclusive Jurisdiction

The T&C and the relationship between the User and BravoNext are governed, in the measure allowed by applicable regulations, by Swiss law. Regarding what is allowable by applicable regulations and international agreements, the parties agree that the resolution of any dispute that could arise between them according to the T&C, the relationship created between them will be under the exclusive jurisdiction of ordinary courts at BravoNext's headquarters. BravoNext also reserves the right to meet with the User in a competent court at the User's domicile.