Website terms and conditions
Last modified: October 5, 2013
In compliance with Law 34/2002 of 11 July, of Information Society Services and Electronic Commerce, below you can find the general information about this website:
Titleholder: Red Universal de Marketing y Bookings Online, S.A.U. (henceforth "Rumbo").
Registered Office: Calle Proción 1, 28023 Madrid (España).
Contact: 902 123 999 (00 34 911 965 841 when not calling from Spain) Registered at the Trade Registry of Madrid in Volume 15526, Book 0, Page 53, Section 8, Form M-254896, Inscription 3.
Fiscal Identification number: A-82602871.
Retail/wholesale travel agency with Community of Madrid Identity Code: CICMA 1800
This website, including the web pages which make it up (henceforth, Website), belong to Rumbo. This company offers its users (henceforth User or Users) the possibility to access information on trips and tourism.
Access to this website is subject to each one of Rumbo's issued General Conditions (henceforth General Conditions) in force at the precise moment of accessing this website. Therefore, Users must carefully read the following General Conditions before using this Website (as well as the specific conditions which may complement, modify or substitute these general conditions in relation to specific services or contents in the Website) because they could have been changed since the last time the User accessed the site.
All Users declare that they are of full legal age and in legal capacity to purchase the services offered at Rumbo's website.
Access to this Website is not allowed to those Users living in jurisdictions where its content is forbidden.
Contracting services through this website
This website is aimed at end-users, and it can only be used in order to gather information to purchase a service through the website. Other purposes of use are not allowed without express written consent from the website holder.
The following actions are not allowed:
- Using the Website against the current legislation, the good faith, common procedures and public order.
- Using the Website with detrimental intentions against Rumbo or a third party, or which, in any way, can cause damage to Rumbo or prevent the correct functioning of the Website.
- Introducing in the net programs which may damage the computer system of Rumbo or of the company rendering tourist or travel services (henceforth, Travel Supplier), or of suppliers or of third party users of the intranet or the Website.
- Including the Website's information on search engines that compare prices.
- Accessing the Website through a robot, a spider or any other automatic search tool.
- Mass searches regarding the purchases made on the Website.
- Making false, speculative or fraudulent operations.
Notwithstanding the foregoing, Rumbo reserves the right to deny access to the Website at any time, without previous notice and without compensation, to those Users who fail to fulfill these General Conditions or the specific conditions applicable. Had Rumbo reasonable cause to believe that an operation against these General Conditions had taken place, Rumbo will be authorized to cancel it, and the relevant authorities may be informed.
Users must be aware that the purchase of the above mentioned services is regulated by specific contractual conditions in accordance with the applicable laws in each case, which will be agreed between the Users, the Travel Supplier and the Travel Agency.
The following conditions will always be applied:
1. Rumbo's liability
Unless otherwise stated, every ticket offer or booking of all types of transportation, hotel reservation, tourist service, or any other product or service offered by Rumbo through its Web Site is done as intermediary. That is, Rumbo just brings into contact the Travel Supplier and prospect clients. Therefore, Rumbo is an intermediary and only draws up contracts between the User, on one hand, and the Travel Supplier, on the other, without promising or providing services, not bound by their result. Therefore, Rumbo is not responsible for the failure to comply or the right fulfillment of those services which are part of the contract between the Travel Supplier and the User.
Since it is the User who engages with the Travel Supplier, all complaints or queries relating the service must be addressed to the Travel Supplier. Notwithstanding the foregoing, Rumbo offers Users its Customer Service to help them with queries and recommendations . Additionally, Rumbo accepts each and every liability or prohibition under the current legislation concerning the exclusion or limitation of professional liability in the fulfillment of the intermediary contract.
With the purpose that the User can access the comparison of the desired services, Users expressly accept that Rumbo takes the necessary steps, on their behalf, with the Travel Supplier in order to make the comparison possible.
2. Browser and operating system
The Website's screens are optimized to be used with Internet Explorer 6 and Firefox 2 (and later versions), Safari, Chrome and Opera with Windows, Mac and Linux operating systems. Rumbo is not responsible for the results obtained using a different browser, version or operating system.
The information contained on the Website is provided for the Users' own convenience. Rumbo does its best to avoid mistakes of its content on the Website. Nevertheless, Rumbo is not responsible for the information the User may obtain through links to external sources, independent from Rumbo.
The security measures taken by Rumbo are adequate. However, the User must be aware that security measures of the computer systems across the Internet are not completely reliable and service depends on internal and external elements.
Additionally, Rumbo does its best to maintain the Website updated and in working correctly. However, Rumbo is not responsible for and does not guarantee that the access to the Website will be infallible, constant and free of flaws. Likewise, Rumbo cannot guarantee that the content or software the User can access through the Website will be free of harmful elements, virus, interferences, breakdowns, omissions, disconnections or other elements which can be damaging to the User or can produce alterations on the hardware and software computer systems of the User, or on her/his electronic files and documents.
Likewise, Rumbo will neither be responsible for any kind of damages arising from the usage of the Website, including, but not limited to, damages to the computer systems or caused by the inadequate use of the Website; interruptions or telecommunications flaws during financial operations; those caused by third parties through illegal interferences which Rumbo cannot control.
3.1 Red Universal de Marketing y Bookings Online S.A.U. acknowledges the importance of protecting the privacy and rights of Users using its Website and Service. Internet is potentially a very powerful tool for the circulation of personal data; Rumbo and the companies within lastminute.com group are seriously committed to complying with the regulations on personal data protection and security in order to guarantee the Users' safe, controlled and confidential netsurfing.
This Privacy Statement may be amended in the future to ensure ongoing compliance with all applicable regulations in the event of their amendment or update.
Users are invited to read carefully the rules applied by the company to collect and process personal data and to continue to provide a satisfactory service.
3.2 This Privacy Statement, which is in accordance with personal data protection rules, describes the methods applied by the company to manage and process the personal data of:
(i) Users who consult and use the Website, and
(ii) Users who use the Service.
Users are required to supply accurate, correct and updated personal data in order to establish and manage their contractual relationship with the Data Controller and to duly purchase the selected tourist service. Users acknowledge that the supply of inaccurate, incorrect and not updated personal data prevents the Data Controller from supplying its services.
Pursuant to the applicable data protection law, Users are hereby informed that their personal data is stored and processed by Rumbo according to the methods and for the purposes listed below, in accordance with the methods and purposes allowed by the applicable data protection law.
3.3 The Data Controllers are Red Universal de Marketing y Bookings Online S.A.U. (hereinafter, "Rumbo" or "Data Controller"). Subject to express consent, data may be transferred to, the companies that are controlled thereby or affiliated thereto or that are within the lastminute.com group. The full and updated list of companies controlled by and affiliated to Rumbo or within lastminute.com group may be requested by sending an email to firstname.lastname@example.org
3.4 Users' personal data is collected:
- from Users, via their direct electronic supply through the completion of the registration form on the Website or telephone. This data includes Users' name, surname, address, e-mail address, telephone number etc., which is necessary for the purposes of selecting and purchasing a Flight, a Hotel or another tourist service and for the additional purposes provided for in these terms and conditions.
- via the computer systems and software procedures used for the operation of the Website in the course of their normal operation, in an implicit manner, as a result of the use of Internet communication protocols. This information is not collected to be associated with identified Users; yet, it is such that, as a result of its processing and association with data held by third parties, it might lead to the identification of Users. This category of data includes IP addresses or domain names of computers of Users connecting to the Website, the URIs (Uniform Resource Identifier) of the resources requested, the hour of the request, the method used to submit the request to the server, the size of the file received in response, the number code indicating the status of the response given by the server (successful, mistake, etc.) and other parameters related to Users' operating systems and computer environments. This data is used only to obtain anonymous statistical information on the use of the Website and to verify its proper operation. The data may be used to establish liability in case of potential computer crimes damaging the Website.
- by the Website via cookies. Cookies are information that often contains an anonymous, unique identification code that is sent to the browser by a web server and is stored on the hard disk of the user. Later, in the event that subsequent connections to the website are made, these cookies can be read and recognized by the website as they been aggregated during earlier connections. They are primarily used to operate or improve the functioning of the website, as well as provide business and marketing information to the website’s owner.
A user browsing the website may encounter cookies inserted by the owner of the website ("proper cookies") or cookies inserted by different entities collaborating in the promotion of content and the delivery of our services ("direct third-party cookies").
The website’s cookies are used as detailed below and for the purposes herein described:
A. Technical Cookies:
a. Cookies strictly necessary for the operation of the website: essential to enable website browsing and the functioning of various features. Without these you cannot use search services, shopping comparisons, and other services available on the website.
b. Customization cookies: These are used to facilitate navigation of the website, to record the options you have chosen on the website and provide more personalized features. In some cases we allow advertisers or third parties to place cookies on our website to provide personalized content and services. In any case, the use of our website constitutes acceptance of the use of this type of cookie. If cookies are blocked, we can not guarantee the optimal functioning of the website.
B. Cookies for advertising and re-marketing purposes: used to collect user information in order to display advertisements on the website or third party sites.
C. Social Cookies: These cookies allow our website to be shared and allow for "Like" clicks on social networking sites like Facebook, Twitter, Google + etc.
The lifespan of the cookies we use may vary. In particular, there are session cookies that are only valid for a single search or browsing session and disappear when the browser is closed; and persistent cookies, which have a variable lifespan. The maximum lifespan of cookies in this second category is 5 years.
Users should be aware that if cookies are not enabled on your device, your website experience may be limited and the use of our services and navigation could be impeded.
There are several ways to manage cookies. By modifying browser settings you can choose to disable cookies or receive a warning before accepting one. Also, users can delete all cookies stored in the cookie folder of their browser. Each browser has different procedures for managing configuration. Here’s how you can manage cookies on the major browsers. If you want information about managing cookies on your tablet and/or phone, please consult the operating manual or online help services.
If you want to learn how to manage cookies on other browsers, please consult the operating manual or online help services.
3.5 Users' personal data will be processed by hand or by using electronic means that are such as to ensure, in relation to the purposes for which such data is communicated and collected, data security and confidentiality, as well as to prevent unauthorized access to such data, for the time strictly necessary to achieve the purposes of its collection.
3.6 Data will be processed at the legal and operational headquarters of the Data Controllers and at the server farm in Haarlem, The Netherlands, and at the offices of the parties to which such data may be communicated.
3.7 Apart from the above specifications on navigation data, Users' personal data will be used for the following purposes:
A) for data collection, storage and processing for the purposes of establishing and managing, in operational and administrative terms, the contractual relationship connected to the supply of the Service; B) to send communications by email, phone or SMS on the contractual relationship, including communications relating to the good progress thereof; C) to comply with statutory or regulatory obligations; D) for data collection, storage and processing to carry out anonymous and/or aggregate statistical analysis; E) Sending by the Data Controller, in cases allowed by law and if there is no refusal from the User, of publicity material through email or other equivalent electronic communication medium, relative to analogous products and services or similar to products or services offered on the website; on some occasions and with the exception of the Italian market, the Data Controller may send to the User the cited publicity material in a personalized way; F) Without prejudice to the provision of the above section E), and only with prior explicitly consent of the User, for the sending by the Data Controller through email, phone, mail, SMS or MMS of the best offers on products and services traded by the Data Controller or his partners or commercial collaborators who operate in the following sectors: tourist and free time, leisure, new technology, fashion, decoration and consumer goods, food and drink, finance, banks, insurance, energy, environment, communication, mass communication media, real estate, pharmaceutical sector, clothes and textiles, education and training, energy, publications and editorials, ICT, retail, sports, telecommunications and services in general. On some occasions and with the exception of the Italian market, the Data Controller may inform the User in a personalized way about the best available offers, adapting them to his tastes and preferences.
3.8 Should the User refuse to supply his personal data, he may not obtain the services required in relation to the purposes set out in points A) and B) of Article 7; in addition, the Data Controller may be prevented from supplying the Service correctly and from complying with its contractual obligations set out in the terms and conditions. Data processing for the purposes set out in points A), B), C) D) and E) of Article 7 does not require the consent of the person concerned. The supply of personal data for the purposes set out in point F) of Article 7 is optional. Data processing for the purposes set out in point F) of Article 7 requires the consent of the person concerned. The User's refusal to supply his data or to give his consent to these purposes signifies that, subject to letter E), the Data Controllers will be unable to send their deals referred to in letter F) of Article 7 to the User.
3.9 The Data Controller will make sure that all personal data supplied thereto is not disclosed and is processed in such a way as to guarantee its security and confidentiality, as well as to prevent unauthorized access thereto. All personal data and information provided by Users may be communicated, for the purposes set out above, to the following categories of parties:
- The company's employees and/or collaborators who assist and advise the Data Controller on Administration, Products, Legal Affairs, Customer Care, Information Systems, as well as those in charge of maintaining the company's network and hardware/software equipment;
- airlines, hotels, car hire and insurance companies, Tour Operators and all other parties to whom data communication is necessary for contract performance. Please note that airline companies are required, in accordance with the regulations introduced in the US and in other countries, to allow the customs and border authorities to have access to flight passenger data. Therefore, information on Users and their travelling collected by Rumbo may be communicated thereby to the relevant authorities of the countries touched by Users' travel itineraries, if so required by industry standards
- parties whose right to access data is recognized by statutory provisions or by orders issued by the competent authorities;
- parties that are delegated and/or appointed by the Data Controller to carry out activities related to Service supply.
The list of the names of the parties to whom Users' personal data may be communicated is available at Rumbo, by writing to email@example.com
3.10 By sending a written request to the Data Controller, the User may: (i) obtain from the Data Controller confirmation of the existence of his personal data; (ii) obtain information about the source of his data, the purposes and methods of data processing and the logics applied where data is processed by electronic means; (iii) obtain the details of the Data Controller and of the Data Processors, if any; (iv) obtain information about the parties or categories of parties to whom his personal data may be communicated or who may become aware thereof in their capacity of designated representative in the Country, data processors or people in charge thereof; (v) obtain the cancellation, transformation into an anonymous form or blocking of data processed against the law, and the updating, correction or, if interested therein, integration of his data and (vi) obtain a certification that the operations referred to in point (v) above have been brought to the knowledge, even regarding the content, of those to whom such data has been communicated or spread, unless this proves impossible or involves a manifestly disproportionate use of means when compared to the right being protected; (vii) object to data processing, in whole or in part, for legitimate reasons; (viii) object to data processing for the sending of advertising or direct sales material or for market surveys or commercial communications. The above requests must be sent to Rumbo's address firstname.lastname@example.org. By sending an express written request by e-mail, the User may also obtain the correction of any incorrect or inaccurate personal data or obtain its cancellation to the extent permitted by law. In order not to receive any further commercial or promotional offers from the Data Controller, the User, in addition to exercising the above rights, may also follow the simple procedure activated by the link "unsubscription" that is available in all commercial communications sent by the Data Controller.
4. Intellectual property
The intellectual property rights of the Website, its source code, design, browser structure, software, database and all elements included belong to Rumbo, as well as the rights of exploitation in any way and, especially, the rights of reproduction, modification, distribution, communication, cession, public disposal and transformation.
All names, designs and/or logos of the Website are registered trademarks. Its unlawful use by anybody different from its legal owner will be prosecuted in accordance with the current legislation.
Third part intellectual property rights and brands must be respected by whoever accesses the Website. Rumbo recognizes its owners the corresponding industrial and intellectual property rights. Its mention or appearance on the Website does not involve any rights nor responsibility for them, neither endorsement, sponsorship nor recommendation.
In order to preserve possible intellectual property rights, if any User or third part considers that her/his rights have been violated by any content introduced on the Website, the User must notify Rumbo of it, providing:
- In order to preserve possible intellectual property rights, if any User or third part considers that her/his rights have been violated by any content introduced on the Website, the User must notify Rumbo of it, providing:
- Holder of the rights allegedly infringed. Should the claim be filed by a third part, she/he must submit proper accreditation.
- Contents protected by intellectual property rights and their location on the Website.
- Enough accreditation of intellectual property rights.
- Express statement that the interested party is responsible for the truthfulness of the information provided.
5. Force majeure
Rumbo will not be responsible for non-fulfillments or damages caused as consequence of circumstances beyond Rumbo’s control, coercion or unforeseen circumstance, which include, not limited to, strike, industrial dispute, war (whether declared or not) or war threat or preparations for war, invasion, rallies, terrorist attack or threat, terrorist activities, riots, natural disasters, adverse weather conditions, hurricane, earthquake, fire, snowstorm, explosion, storm, sinking, epidemic, impossibility of using trains, boats, planes, motor transportation or any other means of transport, public or private, impossibility of using telecommunication systems, unexpected breakdown, transport accidents, etc.
6. Links to other websites
Within the Website, Rumbo may place at the User’s disposal links to other websites, managed and monitored by third parts. Rumbo does not sponsor nor guarantee any of these websites, which have been included for the User’s benefit. Therefore, Rumbo does not assume any responsibility, not even indirect or subsidiary, for any damage which may arise from access, maintenance, use, quality, legitimacy, reliability and usefulness of the contents, information, communications, opinions, statements, products or services existing in or offered by the websites not managed by Rumbo and accessible through the Website.
Users accept that Rumbo reserves the right to remove at any time and without prior notice the links that appear at the Website.
7. Website content provided by users
Rumbo is not responsible for the content or any transmission included by the Users on the Website, or among Users. The responsibility of the statements spread on the Website is exclusive of those who make them.
It is forbidden any kind of data transfer made by the Users in the Website or other accesses controlled by Rumbo which go against practice in good faith, against customs, moral or public order; which break third part copyrights; which are threatening, defamatory, obscene, pornographic, racist, xenophobic, indecent, disrespectful or illegal; which involve statements in defense of terrorism; which threaten human rights. And it is also forbidden the transfer of any other material which constitutes a criminal offense or incites to a conduct which can be considered as such.
It is forbidden to sell or advertise any kind of product or service, to conduct surveys, polls or contests and to send chain emails.
As a rule, Rumbo does not revise, filter or approve content by Users. Notwithstanding the aforementioned, Rumbo reserves the right to remove any content provided by Users which go against these General Conditions, as well as to prevent or prohibit access to the Website. This will be done at Rumbo’s discretion, without prior notice and the User will have no right to damages.
If the User believes, at any time, that the contents provided by other User do not follow these General Conditions, she/he can notify it to Rumbo’s Customer Service by mail. Upon reception of this kind of notification, Rumbo will do its best to remove from the Website those contents which may infringe these General Conditions.
If required by a court order or by the proper authorities, Rumbo will cooperate in the identification of those responsible for the illegal contents.
The User authorizes Rumbo to use her/his contents and images in the Website for free, whether as a whole or partly. All this with the limitation and exception of the use and application which may go against the right of honor, moral and/or public order under the current legislation in each country. Rumbo is exempt of responsibilities for any use made by a third part of these contents.
Due to the decentralization of the legal framework affecting the activity of travel agencies, these General Conditions may be subject to different regulations and jurisdictions. Should any condition of these General Conditions be null, its validity would not be affected by this circumstance.
The non-effective condition will be substituted by a new one, or interpreted in a legally acceptable way which will be as close to the original sense as possible, had the inefficiency of the said condition been known.
The fact that Rumbo, at one time, may not demand the User to fulfill one of the General Conditions will not affect at all Rumbo’s right to demand its fulfillment at a later time or the right of a third part to demand its fulfillment.
Any waiver on Rumbo’s part to any right or power granted by the General Conditions must be in writing. The omission on Rumbo’s part to demand the strict enforcement of any condition will not be considered as a waiver, nor will deprive Rumbo of the right to demand, at a later time, the strict enforcement of them.
10. Law and jurisdiction
All terms and conditions on these General Conditions are ruled by the Spanish law and the parties, waiving their own jurisdiction, submit themselves to the Courts of Madrid for any action or claim which could arise from this relationship, provided no specific jurisdiction is established by law.
Rumbo offers the User the possibility to access its Website in different languages. Nevertheless, should any contradiction arise between the different versions of these General Conditions, the Spanish version will prevail over the rest.
© 2016 – Red Universal de Marketing y Bookings Online, S.A.U. – All rights reserved.