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TERMS AND

CONDITIONS

TERMS AND CONDITIONS

1. Identification of the Parties

This document regulates the making of payments via the Virtual Point of Sale (hereinafter 'V-POS' or 'Payment Gateway') linked from http://www.europair.com (hereinafter 'the Website'), a domain name held by Europair Broker, S.A. (hereinafter 'Europair'), a company incorporated under the laws of Spain, with Tax Identification Number A07663354 and located in Madrid (Spain), calle Cristóbal Bordiú 22, Local E.

These Terms and Conditions are entered into between Europair and the Client, that means any natural or legal person that has signed a charter agreement with Europair (hereinafter, 'the Agreement') and who has completed all the steps required for the performance of the payment through the V-POS, including the acceptance of these Terms and Conditions.

This document is an English translation, provided for users' convenience only. Although reasonable efforts have been made to provide an accurate translation, the Spanish version of these general terms will govern the relationship between users and Europair. If there is any contradiction between what the Spanish version of the Terms and Conditions says and what this translation says, the Spanish version shall take precedence.

2. Acceptance of these Terms and Conditions

By clicking the consent checkbox and sending the Payment Gateway form of the Website, the Client is fully accepting, without reservations, all the content of these Terms and Conditions.

3. Payment process

For paying through V-POS in the Website it is required to sign a prior contract with Europair whereby it is permitted the performance of the payment with a credit card and to receive the relevant confirmation from Europair, by email or any other method.

Previously, Europair will provide information about how to make the payment and how to proceed with the charter services requested. For this purpose, “The Client” should have received information about the steps that need to be followed in order to fulfil the payment, among other means, by email or telephone.

Among such data there is information such as the operation number, the contract number, the total sum payable, the closing date to perform the payment and the information required to access the “Payment Gateway”.

Please, pay special attention on typing the data correctly, in particular the “Contract Number” and the “Amount”. In case that the data is not correctly entered, the performance of the payment may not be done, thus the service may not be provided.

4. Obligations of the Client

The Client hereby undertakes, without limitations, the following:

a.  To fulfil the obligations assumed under the Agreement.

b.  To use the Payment Gateway in accordance with these Terms and Conditions, with any other conditions applicable or with the Agreement. Otherwise the Client shall indemnify Europair for any harm, sanction or damage that could arise.

c.  To provide correct and accurate information, according to what is has been stated at the Agreement, while filling out the payment form, with particular attention to “Contract number” and “Amount” fields.

d.  To be the holder or an authorised user of the credit card which is used for payment, and under no circumstances use data of third parties without legal authorisation to do so.

e.  In case of making a payment on behalf of a legal person, to be empowered enough for it.

5. Europair as a payment service user

V-POS is a payment service under the Law 16/2009, of 13 of November, of payment services. Thus, the payments made through V-POS are subject to that law, under which Europair is considered, together with “The Client”, as a user of a service payment (in this case V-POS) provided by a third-party.

Europair has no further obligations other than those contained on that Law and cannot guarantee the correct functioning or availability of the V-POS.

6. Disclaimers

In accordance with the previous clause, Europair will not be liable if a payment could not be made as a consequence of problems in the availability of the “Payment Gateway”.

Europair will not assume any responsibility related with errors and/or omissions of “The Client” in relation with the information provided or as a consequence of the non-compliance of these Conditions and/or “The agreement”.

In particular, Europair would not be responsible if “The Client” does not introduce the correct amount in the field provided for that purpose.

In case of underpayment, Europair will not process the booking until the amount stipulated in “The agreement” is reached. If the correct amount payment it is not made on time, the booking might not be processed.

In case of overpayment, Europair may deduct the excess to repay fees or other expenses that may arise as a result of such return.

In general, Europair shall not have any responsibility than those assumed in these Conditions, in any others applicable or in the charter agreement. Europair's total liability shall not in any event exceed, for any concept, the total amount perceived by Europair from the Client.

7. Privacy policy

Personal data provided by the Client by submitting the form prior to the activation of the Payment Gateway will be incorporated to a filling system owned by Europair for its processing, by automated means or not, for the purpose of managing the transaction.

Furthermore, by accepting these Terms and Conditions and unless otherwise indicated, the Client gives Europair his or her consent to send commercial communications by email, containing information on related services, news and any other relevant information related to Europair. The Client may withdraw this consent at any time, by sending us an email to this address: web@europair.es.

The Clients may, at any time, exercise the rights the law grants them (of access, to rectify, to delete and to object), by sending an email request to the address mentioned above: web@europair.es. It shall be necessary to enclose a copy of their national ID or any other official document that can prove their identity, in order to unauthorised access from third parties.

8. Language

The applicable language of these Terms and Conditions is Spanish. We may offer you the translation of this document in several languages for your convenience only, to help you to understand it, but you explicitly agree that the official text is the Spanish version. If there is any contradiction between what the Spanish version of these Terms and Conditions say and what the translation says, the Spanish version shall take precedence.

9. Governing Law and Venue

The relations between Europair and the Clients are construed in accordance with the Spanish law. The Parties, waiving any other jurisdiction to which they may be entitled, agree that any dispute, discrepancy, issue or claim shall be resolved by the Courts and Tribunals of the city specified in the Agreement.

If you have any further question concerning these Terms and Conditions, please do not hesitate to contact us at web@europair.es.