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TERMS AND CONDITIONS APPLICABLE TO THE IBERIAGENCIAS DE IBERIA PORTAL

1. Preliminary information

 

Organisation that owns and is responsible for the Iberiagencias Portal:

 

Iberia Líneas Aéreas de España, Sociedad Anónima Operadora Unipersonal

Registered office: Calle Martínez Villergas nº 49, 28027 Madrid

Registered in the Mercantile Registry of Madrid in Volume 27.301, Folio 79, Page M-491912

C.I.F. A85850394 (hereinafter ‘IBERIA’)

 

The ‘Iberiagencias’ Portal (hereinafter ‘Iberiagencias’ or ‘the Site’) has been created by IBERIA for use by employees or representatives of Travel Agencies, Authorised Collaborating Entities, as well as other internal users of IBERIA - all of whom are hereinafter referred to indiscriminately as ‘Users’.

 

In general, relations between IBERIA and Users within Iberiagencias are subject to Spanish legislation and jurisdiction.

 

The fact of accessing and operating Iberiagencias necessarily implies knowledge and acceptance of the following terms and conditions, both in their general sections and, in each case, the particular ones that, according to the type of user or activity carried out by the user, are applicable.

 

Through Iberiagencias, any User can, without having to register, access useful information and informative materials relevant to the activity of travel agencies that help them to provide a better service in relation to booking tickets and additional services with IBERIA:

  • Basic manuals for agencies

  • Information on baggage, its types, characteristics, service conditions and how to manage incidents.

  • Information on the different services offered by Iberia to travel agencies, as well as a repository of frequently asked question

  • Information on the Iberia services available to passengers.

Registered Users of Iberiagencias may, in addition to the above, access additional transactional functions on their own behalf and/or on behalf of their clients/passengers. The type and variety of these transactional functions will depend on the type of Registered User in question (IATA/NON IATA Agency).

 

2. General Conditions of the IBERIAGENCIAS de IBERIA Portal applicable to both Registered and Non-Registered Users.

2.1. General aspects

Iberiagencias’ includes all the web pages served through www.iberiagencias.com

 

The contents, commercial activities, products and services included in Iberiagencias are not designed or intended for personal use.

 

Access to Iberiagencias is the sole responsibility of Users. IBERIA reserves the right to monitor the activity of Users in the Iberiagencias environment, for operational reasons and to verify the quality of the service; as well as to validate the connectivity, performance and response of the servers.

 

Access to Iberiagencias does not in itself imply any type of commercial relationship between IBERIA and the User, without prejudice to the transactions and bookings that may be made by Registered Users.

 

Accessing and browsing Iberiagencias implies acceptance and knowledge of the legal notices, conditions and terms of use contained therein.

2.2 Updating and modifying information

The information provided through Iberiagencias is current as of the date it was last updated. IBERIA reserves the right to update, modify or delete the information available on Iberiagencias at its discretion and without prior notice. Likewise, IBERIA may limit, restrict or deny access to Iberiagencias in general or individually, temporarily or permanently.

 

Users may not alter, change, modify or adapt the content of Iberiagencias.

 

In the event of modifications to these General Conditions, IBERIA will inform Users, who may be obliged to re-read and accept them in order to continue accessing Iberiagencias.

2.3 Contents

IBERIA makes every effort to avoid any errors in the content made available through Iberiagencias. However, IBERIA does not guarantee, nor is it responsible for, the consequences that may arise from errors in the content that may appear on Iberiagencias and that correspond to services provided by third parties, whether or not they are partners of IBERIA.

 

IBERIA shall make available to Users through Iberiagencias various materials, manuals, information documents and forms (the ‘Materials’), reserving the right to update and publish new versions thereof without prior notice, which shall prevail over previous published versions.

 

IBERIA is in no way responsible for the contents, commercial activities, products and services included that may be visualised through electronic links (‘links’ or ‘banners’), directly or indirectly, through Iberiagencias. The presence of these links on Iberiagencias, unless expressly indicated otherwise by Iberiagencias itself, is for information purposes only and in no case implies a suggestion, invitation or recommendation by Iberiagencias to contract them. These links do not represent any kind of relationship between IBERIA and the people or companies that advertise or own the sites that can be accessed through these links. IBERIA reserves the right to unilaterally remove these links from Iberiagencias at any time.

 

IBERIA assumes no responsibility for the opinions of Users that may be shared or published in any type of chat or discussion forum, bulletins or any type of transmission linked to Iberiagencias. Responsibility for such expressions rests solely with the person making them. Any type of data transmission that Users may carry out within Iberiagencias that infringes the property rights of third parties, or whose content is threatening, defamatory, obscene, pornographic, as well as the transmission of any other type of messages or materials that constitute or incite conduct that could be considered a criminal offence, is prohibited. IBERIA will co-operate, if required by court order or the competent authorities, in identifying those responsible for content that violates the law.

 

Unless expressly authorised in writing by IBERIA, the incorporation of links or connections to Iberiagencias on other non-IBERIA websites is prohibited.

 

Unless expressly indicated, the prices of the Offers presented on Iberiagencias are for individual passengers who are not travelling in a Passenger Group, as defined by IBERIA.

2.4 Browsing, access and security

Accessing and browsing Iberiagencias implies acceptance and knowledge of the legal notices, conditions and terms of use contained therein. IBERIA endeavours to ensure that browsing is carried out in the best possible conditions and to avoid any kind of damage that may be caused during browsing.

 

This website has been designed to support the majority of browsers currently available on the market, in their most up-to-date versions. However, IBERIA is not responsible for any technical problems, inconvenience or damage of any kind that may be caused to Users by the use of certain browsers, or versions different or distinct from the versions for which Iberiagencias was designed.

 

Access to transactional services and those involving the capture of personal data is done in a secure environment using the TLS (Transport Layer Security) protocol with high security 128-bit encryption or higher.  The secure server establishes a connection so that the information is transmitted encrypted. This ensures that the content transmitted is only intelligible to the client computer and the IBERIA server. Users can check that they are in a secure environment if a closed padlock appears in the status bar of their browser. The security guarantee of our servers is backed by internal processes of assurance and certification of the acceptable level of security in the systems and by a certificate issued by a Certification Authority (C.A.). This certificate guarantees that the client is communicating their data to an IBERIA server and not to a third party trying to impersonate IBERIA.

 

IBERIA is not responsible for and does not guarantee that access to Iberiagencias will be interrupted or error-free. Nor does it accept responsibility for or guarantee that the content or software that can be accessed through Iberiagencias is error-free or does not cause damage. Under no circumstances will Iberia be liable for any loss, damage or injury of any kind arising from access to and use of Iberiagencias, including but not limited to loss, damage or injury caused to computer systems or caused by the introduction of viruses. IBERIA is not responsible for any damage that may be caused to users by improper use of Iberiagencias. In particular, it is in no way responsible for breakdowns, interruptions, failures or defects in telecommunications that may occur in financial transactions.

 

The services offered on Iberiagencias can only be used correctly if they fulfil the technical specifications for which they were designed.

2.5 Intellectual and Industrial Property

Iberiagencias and its contents, commercial name, brands, logos, images and other objects that make it up are protected, and all rights to them are reserved. Access to Iberiagencias does not grant Users any right or ownership over the intellectual and industrial property rights of the content that Iberiagencias hosts.

 

All Industrial and Intellectual Property rights for the exploitation, transformation and reproduction of Iberiagencias, its content and design, are the property of IBERIA, or have been legitimately obtained from their corresponding authors. Any use or exploitation of them is expressly prohibited, except with the express prior consent of IBERIA; and any misuse of them may be prosecuted in accordance with current legislation.

 

IBERIA does not transfer ownership of its software to Users. The User is the owner of the medium on which the software is recorded. IBERIA retains all industrial and intellectual property rights, including the software. If the User transfers the Iberiagencias software to their terminal, they may not dissect it for study, decompile it, translate the original object code version or its language into another code or language.

 

IBERIA reserves the right to take legal action against Users who violate or infringe intellectual and industrial property rights.

2.6 Information on technical aspects

IBERIA shall not be liable for any damages or losses that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system, caused by causes beyond IBERIA's control; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its Data Processing Centre, telephone lines, Internet system or other electronic systems; or damages that may be caused by third parties through illegitimate intrusions beyond IBERIA's control. Likewise, IBERIA is exempt from any liability for any damage or harm that the user may suffer as a result of errors, defects or omissions in the information provided by IBERIA, whenever this comes from external sources.

 

3. Additional Terms and Conditions of the IBERIAGENCIAS Portal applicable to Registered Users of IATA Agencies

3.1 Registration of IATA Agencies on Iberiagencias

Travel agencies and/or collaborating organisations with an accreditation issued by the INTERNATIONAL AIR TRAVEL ASSOCIATION (IATA) may register with Iberiagencias by providing their IATA Code together with the corresponding Control Digit (the ‘IATA Agency’). To do so, they must register through a first original User who, in the event of subsequent registration of additional Users associated with that IATA Agency, will act as the Administrator User for the other Users, also known as the ‘Point of Sale Manager’ of the IATA Agency in question.

 

The User who registers the IATA Agency with Iberiagencias must have sufficient legal powers of representation to act on behalf of said IATA Agency, or, if applicable, be authorised by a representative of said IATA Agency with powers of representation to register it with Iberiagencias, and agree to be bound by these general and additional terms and conditions, as well as Iberiagencias' data protection policy. Otherwise, the User shall refrain from continuing and completing the registration process of said IATA Agency in Iberiagencias, and the User shall personally hold IBERIA harmless from any type of claim that may be received from the IATA Agency on whose behalf it intends to act improperly, or from affected third parties.

 

3.2. Access to transactional functionalities

Once an IATA Agency has been registered with Iberiagencias under the terms indicated above, it will have access, through the Registered User(s) associated with its profile, to a series of additional transactional functionalities, among which the following stand out.

  • Management of guarantees required by IBERIA, if applicable, to sell tickets and make reservations under IBERIA's issuing authority (tickets and products under code 075).

  • BSP transactions, including ticket refunds.

  • Access to the IBERIA Portal for requesting quotes and managing Group bookings (the ‘Group Portal’).

The relationship between IBERIA and the IATA Agency will continue to be governed by the contractual documents applicable to them, although in some cases access to a particular functionality requires acceptance of the specific terms and conditions established by IBERIA for this purpose, such as, for example, the General Terms and Conditions of Use of the Group.

 

3.3. Responsibilities of IATA Agencies

The continued access of the IATA Agency and its Users to Iberiagencies is subject to compliance with these Iberiagencies Terms and Conditions, the recommendations and instructions that IBERIA provides at any time regarding the use of Iberiagencies, the specific terms and conditions of any of its additional functionalities (such as the Group Portal), as well as compliance with the IATA Agency's other obligations to IBERIA under the other contractual documents applicable to them. In this regard, the IATA Agency shall be liable to IBERIA for any breach of these Terms and Conditions by Registered Users linked to their account.

 

4. Additional Terms and Conditions of the IBERIAGENCIAS Portal applicable to IBERIA Registered Users of NON-IATA Agencies

4.1. Registration of NON-IATA Agencies in Iberiagencias

Travel agencies and/or collaborating organisations that do NOT have an accreditation issued by the INTERNATIONAL AIR TRAVEL ASSOCIATION (IATA) (each, a ‘NON-IATA Agency’) may also register with Iberiagencias in two stages: (i) firstly, by registering by filling in the corresponding online form, through a first original User who, in the event of subsequent registration of additional Users associated with that NON-IATA Agency, will act as the Administrator User for the remaining Users - also referred to as the ‘Point of Sale Manager’ of the NON-IATA Agency in question; and ii) secondly, by signing, via Docusign's electronic document signing tool, a copy of the ‘Non-Accredited Seller Terms and Conditions for Travel Access to Airline Content via the IAG Booking Portal’ (the ‘Booking Portal Agreement’), which you will receive via the e-mail address indicated in the aforementioned form.

 

The User who registers the NON-IATA Agency with Iberiagencias must have sufficient legal powers of representation to act on behalf of said IATA Agency, or, if applicable, be authorised by a representative of said Agency with powers of representation to register it with Iberiagencias and agree to be bound by these general and additional terms and conditions, as well as Iberiagencias' data protection policy. Otherwise, the User must refrain from continuing and completing the registration process of said NON-IATA Agency in Iberiagencias, and must also personally hold IBERIA harmless from any type of claim that may be received from the NON-IATA Agency on whose behalf he/she intends to act improperly, or from any third parties affected.

 

4.2. Access to transactional functionalities: IAG Booking Portal

Once a NON-IATA Agency has been registered with Iberiagencias under the terms indicated above, it will have access through the Registered User(s) associated with its profile to the Booking Portal where it can make reservations for tickets and additional IBERIA services for its clients.

 

The relationship between IBERIA and the NON-IATA Agency shall be governed, in such cases, by these Terms and Conditions and by the clauses of the Booking Portal Agreement which, in turn, incorporates as an inseparable document the ‘Addendum to the Terms and Conditions for IAG Travel Agencies’, in the version (USA/NO-USA) that corresponds to the NON-IATA Agency in question. Likewise, in some cases, access to a particular functionality will require acceptance of the specific terms and conditions established by IBERIA.

 

4.3. Responsibilities of NON-IATA Agencies 

The continued access of the NO-IATA Agency and its Users to Iberiagencias is subject to compliance by all of them with these Iberiagencias Terms and Conditions, the recommendations and instructions that IBERIA provides at any given time regarding the use of Iberiagencias, the specific terms and conditions of any of its additional features, as well as compliance with the NO-IATA Agency's other obligations to IBERIA set out in the Booking Portal Agreement and the Addendum to the Terms and Conditions for IAG Travel Agencies. In this regard, the NO-IATA Agency shall be liable to IBERIA for any non-compliance by Registered Users linked to its account.

 

5. Common rules applicable to Registered Users of IATA and NON-IATA Agencies (‘Agencies’)

Each Registered User of an Agency must register with Iberiagencias in order to access its functionalities. To do so, the Registered User must freely and voluntarily provide the personal data that will be required in this process (name, surname, e-mail address and contact telephone number, username and password, among others). The information provided must be true and legal about you and the Agency to which you belong, and this information must be kept up to date at all times.

 

The designation of each Registered User by an Agency will imply for IBERIA, for all legal purposes, that they are a member of the Agency's organisation and therefore: i) their acceptance of these Terms and Conditions and their commitment to comply with them and enforce them; and ii) the assumption of responsibility by the Agency, as if it were its own, for all the actions and omissions of these Registered Users.

 

IBERIA is authorised to use the contact details of each Registered User to send them the necessary communications relating to the operation of Iberiagencias and its transactional functionalities.

 

The User undertakes to comply with the recommendations and instructions given by Iberia regarding the use of the portal.

 

The Registered User undertakes to safeguard their access credentials (username and password) diligently, to keep them secret and not to disclose them to third parties, in order to: i) preserve the confidentiality of passenger information provided through the transactional functionalities; and ii) maintain full control and responsibility for the transactional operations carried out. Consequently, the User undertakes not to provide such credentials to third parties, either temporarily or permanently, or to allow access to Iberiagencias with such credentials to third parties.

 

If the Registered User becomes aware or suspects that the confidentiality or security of their credentials has been breached (theft, loss or unauthorised access, for example), they must immediately inform IBERIA so that their account can be blocked. The User is responsible for the consequences of the illicit use of their credentials on the portal (contracting unwanted bookings, modifying or cancelling them and accruing penalties, fraudulent use of the portal's conditions and resources, illicit access to passenger data or unwanted modification of their data). Until such time as these facts are communicated, IBERIA shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorised third parties.

 

In addition to the measures established by IBERIA for the protection of Iberiagencies and its access, each Registered User shall establish, implement and maintain technical and organisational safeguards against the unauthorised disclosure, access, use, destruction, loss, damage or alteration of the Content of Iberiagencies. The Registered User will not allow third parties not authorised by IBERIA to access any Iberiagencies Content without the prior express written consent of IBERIA.

 

It is forbidden for a Registered User to carry out any practice that is the same as, has the same effect as, is similar to or similar to the following: (a) designating a third party to access, commercialise or sell the Content of Iberiagencies, or (b) facilitating the sale of the Content of Iberiagencies through any other channel. If a Registered User has any reason to believe that their access to Iberiagencies is no longer secure (for example, loss, theft or unauthorised disclosure or use of usernames, passwords and personal identification numbers), they must notify IBERIA immediately and modify all access information believed to have been affected.

 

IBERIA reserves the right to suspend or deny the Registered User access to Iberiagencias Content immediately and without prior notice:

 

1.  When there is a suspicion (at IBERIA's absolute discretion) that such Registered User, or persons accessing or making use of Iberiagencies Content on their behalf, are in breach of these Terms and Conditions or are making fraudulent, abusive or malicious use of such Content, such as:

 

  • Using the Portal Content to be used, sold, disclosed, licensed, provided or accessed for a purpose other than that expressly authorised by IBERIA in these Terms and Conditions.

 

  • Combine, associate, synthesise or reverse engineer the Content of Iberiagencias.

 

  • Carry out, directly or indirectly, any of the following activities: (a) use or disclose the Iberiagencias Content in a way that may adversely affect IBERIA, including any use or disclosure to other airlines or third parties or (b) carry out or authorise any marketing, merchandising, advertising, licensing or resale based on the Iberiagencias Content that is not expressly authorised.

 

 

2.  When the Registered User does not register any activity with Iberiagencies for a period of more than six months; and

 

3. When the Registered User, or the Agency to which it is linked, has ceased its activity or has been the subject of a merger, acquisition or demerger.

 

At any time IBERIA may, and the Registered User so authorises, make use of their access identification data in order to detect and resolve anomalies and technical problems in the operation of Iberiagencias.

 

Registered Users consent and authorise IBERIA to communicate their data to the Agency they represent and with which they are necessarily associated.

 

6. Specific rules applicable to Registered Users who are Administrators or Point of Sale Managers of IATA and NON-IATA Agencies (‘Agencies’)

Registered Users designated by an Agency and authorised by IBERIA to be able to designate other Registered Users (Points of Sale) linked to the same Agency so that they can also carry out transactional operations in Iberiagencies on behalf of said Agency shall be considered as Administrator Users or Point of Sale Managers.

 

Each Agency may designate one or more Administrator Users. In order to cancel an Administrator User, at least one other Administrator User must be registered.

 

IBERIA will provide each Administrator User with the Iberiagencias web tool necessary to register new Registered Users (new Points of Sale), and to generate and assign the corresponding access credentials to each of them.

 

The User Administrator (and therefore their Agency) will be responsible in all cases for the use that Registered Users (Points of Sale) make of Iberiagencias' transactional functionalities. In this regard, each Agency, through its User Administrators, must:

 

  • Inform its associated Points of Sale of the conditions of use of Iberiagencias, and act as an interlocutor between all of them and IBERIA.
  • To carry out the tasks of registering new Registered Users, obtaining and assigning access codes for each of them, which includes entering and maintaining all the required information in Iberiagencias.

  • Manage the removal of Registered Users or modify their passwords, in the event that it deems necessary to disable access due to misuse or any other cause.
  • When the transactional functionality in question so permits, the Administrator User may define, for each of the Registered Users he/she designates, the parameters of authorisations/permissions to operate. In such cases, it will be the responsibility of the Administrator User to establish the correct assignment and maintenance of these authorisations.

 

In the event that IBERIA decides to terminate, disable or restrict access to Iberiagencias to an Administrator User due to breach, or suspected breach, of these Terms and Conditions, Venta, Iberia also reserves the right to extend the effects of such termination, disabling or restriction automatically to the rest of the Registered Users designated by him/her.

 

7. Considerations applicable to the processing of passengers' personal data provided to IBERIA by Registered Users through Iberiagencias

The incorporation of the personal data of the Agency's customers into the transactional functionalities of Iberiagencias constitutes a communication of data between the Agency and Iberia.

 

Given that the Agency and Iberia are, in this context and from the point of view of personal data protection regulations (i.e. the General Personal Data Protection Regulation (GDPR) and the current Organic Law 1/2018 on Personal Data Protection and Guarantee of Digital Rights), two independent data controllers, the Agency guarantees in favour of Iberia that, prior to this data communication:

 

  • It shall have obtained from each of the data subject passengers, directly or indirectly, their consent to the communication of their data to Iberia; and

  • It shall have informed such passengers in detail of the content of Iberia's Personal Data Protection Policy that will govern Iberia's processing of their personal data, available through the route https://www.iberia.com/en/informacion-sobre-privacidad/ (the ‘Iberia Customer Privacy Policy’).

For its part, IBERIA guarantees to the Agency that it has adopted the necessary technical and organisational measures prior to such communication of data to guarantee the security and integrity of passenger data, as well as to avoid its alteration, loss, unauthorised processing or access.