LASTMINUTE.COM CONTRACTUAL SERVICE CONDITIONS AND PRIVACY POLICY

Welcome to www.lastminute.com  a service provided by LMnext UK Ltd ("lastminute.com") through which you can access and receive  news and information on travel, traditional airline and low-cost flights and other travel offers. The website allows you to search for and find air tickets, compare and process your reservations, and make ticket purchase orders with major airlines. LMnext UK Ltd is an English company (company registration number 9399258), headquartered at 77 Hatton Garden, London, EC1N 8JS, United Kingdom. LMnext UK Ltd is registered under the ATOL number 11003.

lastminute.com would like to inform you that, when you buy travel products on its websites, you may be offered travel insurance from our partner company Europe Assistance SA (operating through Europ Assistance SA Irish Branch) (“EAIB”). lastminute.com collaborates with this insurance firm as a party to a third party insurance contract with EAIB.
EAIB shall be liable for any errors, negligence or incorrect information that may be supplied in relation to its insurance products and activities.

We ask you to carefully read  and, before making a booking with us, accept  the following terms and conditions (the "T&C") that govern the service (the "Service") that lastminute.com makes available on www.lastminute.com (the "Website").  lastminute.com reserves the right to modify the T&C without notice when such modifications become necessary due to, without limitation, changes in market conditions, changes in rules and regulations, or modifications to the risk factors associated with  lastminute.com's provision of the Service through the Website. If you wish to take full advantage of the Service and be regularly informed about travel news, traditional airline and low-cost flights, the various travel offers available, you may subscribe, by entering your full and accurate personal information.

 

Please take into account that your access and use of the Website requires your acceptance of the T&C. By continuing to access and/or use the Website, you are deemed to have accepted the T&C. 

 

TERMS AND CONDITIONS OF THE LASTMINUTE.COM SERVICE

1. REGISTRATION

To register for the Service, a user (the “User”) must 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 is up to date, complete, accurate and true. The User undertakes to communicate to lastminute.com any changes of his/her personal data in a timely manner.

The User authorizes lastminute.com to verify the accuracy of the personal data, and any other information it provides to lastminute.com, and undertakes to cooperate with lastminute.com during such verification process.

At the end of the registration process, the User will receive authentication credentials, consisting of a User ID and a secret password for which it shall be the User’s sole responsibility to keep secret, and the User shall be responsible for  the activities carried out on the Website through such 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. Therefore, the User is liable for any possible damage caused to or prejudices against lastminute.com or third parties as a result of the misuse, loss, misappropriation and/or compromising of the confidentiality of the User ID and password. The User acknowledges that lastminute.com may also produce, as evidence of the operations carried out by the User, proofs obtained from the systems and procedures used by lastminute.com in order to regulate access to the Website and to provide the Service.

Should the User have knowledge of any unauthorized use of their authentication credentials and/or any other violations of their confidentiality, the User undertakes to promptly communicate it to lastminute.com, reporting all abuse of any kind to abuse_all@lastminute.com

 

2. DESCRIPTION OF THE SERVICE

Once the registration process is adequately completed, the User will be able to fully access lastminute.com's Service, which includes: (i) information, updates and news feeds on travel, traditional airline and low-cost flights and offers by the main travel operators; (ii) the use of lastminute.com's search engine to look for information on tickets and offers from airlines while comparing the different options; and (iii) to use, by means of a license., lastminute.com’s software application which allows the User to directly process a reservation and ticket purchase order, without the need of making another connection to any third party websites.

 

3. USE OF THE WEBSITE - PURCHASE ORDERS

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

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

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 they must procure at their own expense from a reliable provider.  lastminute.com is not liable for any damages to the User's hardware that may be caused, directly or indirectly, by the internet connection.

 

4. 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 lastminute.com or any other loss or damage to lastminute.com.

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.

 

5. INTELLECTUAL PROPERTY

The User acknowledges and recognizes 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 lastminute.com 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.

 

6. HYPERLINK TO OTHER INTERNET WEBSITES

The Website contains hyperlinks to other internet resources of commercial partners of lastminute.com and/or third parties. The publishing of hyperlinks 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 their contents by lastminute.com. Moreover, lastminute.com does not exercise control over the contents, information, services and/or products offered by such linked websites. lastminute.com shall be not be liable for the truthfulness, accuracy and updating of the information published on such linked websites. The User acknowledges that the use of such websites will be done at his/her own risk.

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 lastminute.com and the administrators of the linked websites.

 

7. PRIVACY POLICY AND INFORMATION ON PERSONAL DATA PROCESSING

7.1 LMnext UK Ltd, an English company within the lastminute.com Group (company registration number 9399258), headquartered in 77 Hatton Garden, London, EC1N 8JS, United Kingdom, 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; Lastminute.com and the companies within the lastminute.com group are committed to complying with the regulations of 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.

 

7.2 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 data protection laws, Users are hereby informed that their personal data is stored and processed by lastminute.com according to the methods and for the purposes listed below, in accordance with the methods and purposes allowed by the data protection laws.

 

7.3 The Data Controller is LMnext UK Ltd (hereinafter, "lastminute.com" or "Data Controller")

 

7.4 Users' personal data is collected:

- from Users, via their direct electronic supply through the filling in of the registration form on the Website or by phone. 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 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.

 

In accordance with the cookies notification that appears on the website’s first navigation page, and for this cookies policy, the user or visitor, agrees that, when browsing the website, they expressly consent to use cookies as described herein, except in the case that they have modified the configuration of their browser to block them. This includes but is not limited to, an understanding that the user is browsing the website when they do any of the following: close the cookies notification on the first navigation page, scroll through the website, click on any element of the website, etc.

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.

c. Cookies for statistical purposes and to measure traffic: These collect information on the use of the website, the pages you visit and any errors that may occur during navigation. We also use cookies to recognize the source of your visit to our website. These cookies do not collect information that can be used to identify you. All information is collected anonymously and used to help improve the operation of the website. Therefore, our cookies do not contain personal data. In some cases, some of these cookies are managed on our behalf by third parties, but they are not allowed to use them for purposes other than those mentioned above. The use of our website constitutes acceptance of the use of this type of cookie. If they are blocked, we cannot guarantee the proper operation of the website.
 

GOOGLE ANALYTICS

 http://www.google.com/intl/en/policies/privacy/

 

SEMBOX

 

30 days


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.

Zanox

http://zanox.es/gb/about-zanox/privacy/

 30 days

Criteo

http://www.criteo.com/privacy/

 30 days

Tradedoubler

http://www.tradedoubler.com/es-es/privacy-policy/

 30 days

 Facebook

https://www.facebook.com/help/cookies/

 30 days

 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.   

·         MICROSOFT WINDOWS EXPLORER

·         GOOGLE CHROME

·         MOZILLA FIREFOX

·         APPLE SAFARI

 If you want to learn how to manage cookies on other browsers, please consult the operating manual or online help services.

Third-party cookies are not installed by us; they are installed by our business partners or other parties when you visit this website. Therefore, we suggest users consult the third-party’s website for information on how they install cookies and how they are managed. Also, we invite users to consult the following website http://www.youronlinechoices.com where you will find useful information about the use of cookies and the measures you can take to protect your Internet privacy.

7.5 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.

 

7.6 Data will be processed at the legal and operational headquarters of the Data Controller and at the server farm of the lastminute.com group in Haarlem, The Netherlands, and at the offices of the parties to which such data may be communicated.

7.7 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 analyses;


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.

 

7.8 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 7.7; 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 7.7 does not require the consent of the person concerned. 


The supply of personal data for the purposes set out in point F) of Article 7.7 is optional. Data processing for the purposes set out in point F) of Article 7.7 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 Controller will be unable to send their deals referred to in letter F) of Article 7.7 to the User.

 

7.9 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 firms, 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 Lastminute.com may be communicated thereby to the competent 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 Lastminute.com, by writing to privacy@lastminutegroup.com 

7.10 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 as regards their 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 Lastminute.com SA's address privacy@lastminutegroup.com

The User also has the right, only upon express written request sent via email, to obtain a correction of any defective or inaccurate personal information or to obtain its deletion, within the limits provided by law. In addition, in order to no longer receive the commercial and promotional offers sent by email from the Data Controller, as well as exercising the rights mentioned above, the User can also follow the simple procedure activated by the “unsubscribe” link available in all commercial communications sent by the Data Controller.


8. CHOICE OF APPLICABLE LAW AND EXCLUSIVE JURISDICTION

The T&C and the relationship between the User and lastminute.com are governed, in the measure allowed by applicable regulations, by English 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 lastminute.com's headquarters. lastminute.com also reserves the right to meet with the User in a competent court at the User's domicile.