Terms and Conditions

DISCLAIMER

International Consolidated Airlines Group S.A. Website Disclaimer

GENERAL

This website is owned by International Consolidated Airlines Group, S.A., whose registered office is at El Caserío, Iberia Zona Industrial nº 2 (La Muñoza), Camino de La Muñoza, s/n, 28042 Madrid, Spain, with Spanish tax identification number A-85845535 and registered at the Madrid Mercantile Registry in volume 27,312, book 0, sheet 11, section 8, page number M-492,129.

For the purposes of these Terms and Conditions "We", "Our", "Us" and "IAG" refers to International Consolidated Airlines Group, S.A. Please review these Terms and Conditions carefully before using this website. Your use of this website indicates your agreement to be bound by these Terms and Conditions. Further information about IAG is set out in the About Us section of this website.

ACCESS AND USERS

You may only use this website in accordance with these Terms and Conditions and, in any event, only for lawful and proper purposes. We may modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website. Accordingly, your continued access or use (browsing) of this website is deemed to be your full and unreserved acceptance and commitment to comply with all of the modified Terms and Conditions (specifically to those terms and conditions set out in the Privacy Policy section) without prejudice to such specific terms as are required in the event that you wish to contract any of the services offered.

The provision of the information on this website is free (other than any cost you may incur from your internet service provider). Notwithstanding the above, IAG reserves the right to require you to register, by means of completion of a user registration form, prior to accessing some or all of the services that could be provided on this website. Access to this website is solely and exclusively your responsibility. Access to this website does not imply the entering of any type of commercial relationship between you and IAG.

LEGAL DISCLAIMER

The information contained in this website has been prepared solely for the purpose of providing information about IAG and its subsidiaries. It does not constitute an offer to buy, sell or exchange or an inducement to buy any securities or financial instruments or any advice or recommendation with respect to such securities or other financial instruments. When making an investment decision, you should seek the advice of a professional financial adviser.

The information on this website is provided "as is" and is not comprehensive. Despite our efforts, it may not be accurate, up-to-date or applicable to the circumstances of any particular case and we make no warranty or representation of any kind, whether express or implied, in relation to it. The information on this website includes statements regarding Our beliefs and expectations about future events and other forward looking statements. Actual events may differ materially. For a discussion of some of the factors that could cause actual events to differ from the forward looking statements, see the Registration Document published by IAG on 26 October 2010 and the Securities Note published by IAG on 11 January 2011 See Merger Documents The above exclusions and limitations apply only to the extent permitted by law.

LINKS TO OTHER WEBSITES

This website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk. You may only link to this website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.

PROPRIETARY RIGHTS

The intellectual property rights over the website content (sui generis right over the database), its look and feel, the underlying software (including source codes) and the various items making up the website (texts, graphics, photographs, videos, sound recordings, etc.), hereinafter, the “Content”, are held by IAG or its licensors. The proprietary rights over the distinctive signs included in the website (trademarks and trade names) are held by IAG or its licensors.

The use of the website by you does not imply the assignment of any intellectual and/or industrial right over the website, the Content and/or the distinctive signs of IAG. To such effect, other than in those events in which this is permitted by law or upon prior authorisation in writing from IAG, you are expressly prohibited from reproducing, transforming, distributing, publicly disclosing, providing, selling, transferring, extracting and/or reusing the website, its Content and/or the distinctive signs of IAG.

PERSONAL DATA PROTECTION

Please refer to the privacy policy.

IAGC DATA USE CONDITIONS

The terms and conditions set out below are contractually binding between You and IAG (the "Data Use Conditions").  Please ensure that You have read these Data Use Conditions carefully. 

1. Introduction and Definitions

1.1 These Data Use Conditions govern Your use of data and other information relating to IAG's services ("Services"), whether such data is provided directly through use of this website or via other means such as over the phone, by email, through IAG's ebooking portal, or via a Tracking Device (ads defined below).

1.2 "We", "Our", "Us" and "IAGC" refers to IAG Cargo Limited, Aer Lingus Limited, British Airways Plc, Iberia Lineas Aereas De España, SA Operadora, Unipersonal and any other airlines which may from part of the International Consolidated Airlines Group, S.A. from time to time. 

1.3 "You" and "Your" means or refers to You the user of this website and/ or a customer of IAGC Services.

1.4 "Approved Tracking Devices" means those Tracking Devices which feature on Our list of approved Tracking Devices at www.iagcargo.com/en/page/tracking-devices

1.5 "Affiliate" means in relation to a party to these Data Use Conditions, any company which is the Subsidiary or Holding Company of the party or which is a Subsidiary of any such Holding Company from time to time, and where the terms "Holding Company" or "Subsidiary" have the meanings given to them under section 1159 the Companies Act 2006.

1.6 "Data" means commercial information or data obtained, verified, presented, created, or ascertained by IAGC, and/ or provided by IAGC to You (whether provided by phone, email or other electronic means of communication), including without limitation (i) schedule and/ or inventory information of IAGC and/ or its other interline carriers; (ii) information relating to a transaction between or through You and IAGC, including booking, tonnage, revenue or product information; (iii) information relating to any incentives or promotions; (iv) all information included in responses to requests for proposals; and (v) information relating to any aspects of the pricing of IAGC (including without limitation information relating to spot rate queries, standard pricing, and pricing agreed in advance).

1.7 "Data Security Breach" means any breach of security leading to the loss, alteration, or unauthorised disclosure of or access to, any of the Data.

1.8 "Permitted Use" means Your internal use (which for avoidance of doubt, if You are part of a corporate organisation does not include use by Your related companies other than Your wholly owned Subsidiaries) for the purposes of making decisions relating to, and enabling, purchases and sales by You of cargo space

1.9 "Tracking Device(s)" means any device used to collate data during the handling of cargo shipments by IAGC, including, without limitation, data relating to the temperature, humidity, movement, stability and/ or location of the goods and cargo handled by IAGC.

1.10 "Tracking Data" means any data obtained by way of Tracking Devices in relation to cargo shipments, while such shipments are being handled by or are within the possession or control of IAGC or IAGC Affiliates.

2. Access to and usage of Data and Tracking Devices

2.1 You may only use the Data and Tracking Data/Tracking Devices in accordance with these Data Use Conditions.  We may modify these Data Use Conditions at any time, and such modification shall be effective immediately upon posting of the modified Data Use Conditions on this website[1].  We therefore recommend that You check this page regularly. 

3. Confidentiality of Data and Tracking Data

3.1 The Data provided to You in any communications from IAGC (whether by email, phone, the customer portal accessible on this website or by any other means at all) is strictly confidential and should not be used or disclosed other than strictly in accordance with the Data Ownership and Licence provisions in these Data Use Conditions.

4. Data Ownership and Licence

4.1 In making use of any Services from IAGC which are subject to these Data Use Conditions, You:

4.1.1 acknowledge that all intellectual property rights (including without limitation sui generis database right, copyright, and all rights in respect of confidential information, together "IPR") in the Data are the property of IAGC or an IAGC Affiliate, as appropriate;

4.1.2 assign to British Airways Plc, and shall assign to it, with full title guarantee, any and all IPR in the Data which You may own, by way of future assignment, and You shall, at Your cost, promptly perform such acts as may reasonably be required for the purpose of giving full effect to this assignment; and

4.1.3 You acknowledge that the Data is valuable and confidential.

4.2 IAGC grant to You a non-exclusive, non-transferable, non-sublicensable, revocable licence for the Permitted Use only during the term of any agreement with IAGC for Services, to:

4.2.1 access, view and manipulate the Data;

4.2.2 store the Data on Your internal information technology system;

4.2.3 make back-up or internal copies of the Data; and/or

4.2.4 use the Data, solely to the extent necessary for the Permitted Use.

4.3 You will not extract, reutilise, use, exploit, redistribute, re-disseminate, copy or store the Data for any purpose other than those expressly permitted in these Data Use Conditions.

4.4 Any use of Data beyond the scope of the licence above is prohibited under these Data Use Conditions. By way of non-exhaustive example only (and without limitation), the following would amount to unauthorised use of the Data:

4.4.1 compiling and/ or manipulating Data for the purpose of selling and/or making available to a third party;

4.4.2 making Data available to any of Your Affiliates (except your wholly-owned Subsidiaries for the uses permitted by clause 4.2 above), without express prior written permission from IAGC;

4.4.3 publishing Data (or assisting or permitting publication by a third party) so as to enable others to compare prices or other data;

4.4.4 licensing, selling, or otherwise providing to any person or entity any software or other device that is capable of accessing Data; and/ or

4.4.5 engaging in any kind of commercialisation, marketing, advertising, licensing or resale that is based on Data except to the extent expressly permitted by these Data Use Conditions.

5. Use of Tracking Devices

5.1 Any Tracking Devices used on Our aircraft or containers need to be declared at the time of booking with Us.  You (and your shipper/ end-customer) may only use Approved Tracking Devices for any shipments with Us.  Where You are acting on behalf of a shipper/end-customer, You shall draw the shipper/end-customer's attention to the obligations set out in these Data Use Conditions, shall impose equivalent obligations on them under Your contract with them, and shall ensure their compliance with these Data Use Conditions and the equivalent obligations in your contract with them, (and in particular, but not limited to, all obligations relating to use of Tracking Devices and Tracking Data).

5.2 We may refuse to accept any cargo shipment which contains an undeclared Tracking Device or a Tracking Device which is not an Approved Tracking Device. We reserve the right to off-load and refuse carriage of such cargo in the event of non-compliance with this provision at all times.  A false or inaccurate declaration of, or a failure to declare, a Tracking Device under this paragraph 5.2 shall amount to a breach of these Data Use Conditions and IAGC shall be entitled to (i) apply a charge of EUR5,000 against You and/ or the shipper/end-customer or (ii) seek other compensation from You and/ or the shipper/end-customer, in respect of losses suffered, in the event of a false or inaccurate declaration of a Tracking Device.

5.3 Any Tracking Device used on cargo sent through IAGC should be securely contained inside the cargo or container. You and the shipper/end-customer shall ensure that Tracking Devices are not attached on the exterior of any cargo containers used for shipment as they may be liable to detach and cause injury or damage to others in transit.  For the avoidance of doubt, IAGC shall not be liable for any damage caused by the use of Tracking Devices.     

5.4 Whilst IAGC accepts that You and/ or your shipper/end-customer may install Tracking Devices in the cargo for its own quality assurance purposes, such use does not constitute IAGC’s acceptance of their veracity and/or fitness for purpose.  You and the shipper/end-customer both agree to indemnify IAGC for any and all claims, losses or damage which may result from the use of the Tracking Device.

5.5 Where You (or Your shipper/end-customer) request IAGC to access, intervene in, or off-load any shipment as a result of information received from any Tracking Device, IAGC shall have no contractual obligation to comply with or act on such request, and shall take such action (if any) as it considers appropriate, in its absolute discretion. To the extent permitted by law, IAGC excludes all liability arising from action or inaction following such a request. 

6. Tracking Data

6.1 You, and, where You are acting on behalf of a shipper/end-customer, the shipper/end-customer, acknowledge and undertake to use Tracking Data purely for Your (and/ or Your shipper/end-customer’s) own internal purposes such as for internal quality assurance, and in any event, shall not share any Tracking Data with third parties (other than in strict accordance with the restrictions set out below) and in particular (and without prejudice to the generality of the foregoing), shall not share Tracking Data with any third party data aggregators, or other similar organisations, nor with any third party wishing to commercialise or otherwise monetise the Tracking Data.

6.2 You, or, where You are acting on behalf of another shipper or end-customer, the shipper/end-customer, may share Tracking Data to the extent this is required (i) to track consignments; (ii) to seek to take remedial or other preventative action where an issue has been detected with the consignment based on the Tracking Data; or (iii) where it is necessary to disclose the Tracking Data to satisfy a regulatory requirement or where you are required to do so by law.

6.3 You, and, where You are acting on behalf of another shipper/end-customer, the shipper/end-customer, agree that You shall, within seven days of being requested to do so, provide (and procure provision of)  access to all Tracking Data covering the entire end-to-end shipment period from origin to final destination recorded by a Tracking Device which at some point during its shipment was in the possession or control of IAGC or an IAGC partner airline, upon being requested to do so by IAGC.  Where You are acting on behalf of a shipper/end-customer, You agree to procure the Tracking Data from the shipper/end-customer on IAGC's behalf.

6.4 You, and any shipper/end-customer, agree that IAGC may use the Tracking Data requested under paragraph [6.3] above of these Data Use Conditions at its own discretion and at any time for any purpose that We may require, including sharing such Tracking Data with third parties where necessary.   

7. Data Security Breaches and Reporting Procedures

7.1 By agreeing to these Data Use Conditions, You confirm that You or Your business has in place and shall apply reasonable security measures designed to keep the Data secure, to minimise the likelihood of any Data Security Breach occurring, and to enable prompt and proper remedial action to be taken in the event of a Data Security Breach occurring.

7.2 You shall notify IAGC Cargo Limited of any Data Security Breach of which You become aware as soon as possible (and in any event within 24 hours of becoming aware of such breach), and shall provide to IAGC Cargo Limited full details of such Data Security Breach.

7.3 You agree to provide such reasonable assistance as is necessary to IAGC to facilitate the handling of any Data Security Breach in an expeditious and compliant manner.

8. General

8.1 If any provision (or part of any provision) of these Data Use Conditions is, or becomes illegal, invalid or unenforceable in any respect: (a) it will not affect or impair the legality, validity or enforceability of any other provision of the Data Use Conditions; and (b) that provision (or part provision), will be deemed deleted.

8.2 These Data Use Conditions, any matter, claim or dispute arising out of or in connection with these Data Use Conditions and the operation of these Data Use Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales.  Without prejudice to the following, the courts of England are to have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with the operation of these Data Use Conditions. You agree that proceedings may be brought against, but not by, You in the Courts of the country of Your residence. 

CARBON EMISSIONS

For our customers who are transporting freight shipments into or out of France, your carbon emissions are available here.

MISCELLANEOUS

These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this website. No other written or oral statement will be incorporated. We make no warranty whatsoever regarding the reliability, stability or any virus-free nature of any software being downloaded from this website, nor for the availability of the download sites where applicable. All software products downloaded from any section of this website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at your own risk.

IAG will not be responsible for possible damage which may be caused by interference, omissions, interruptions, viruses, Trojan horses, telephone faults or disconnections during the operation of the electronic system due to reasons outside IAG's control; for delays or blockages in the use of the electronic system currently in use caused by deficiencies or overloads in the central data processor, telephone lines, the internet or other electronic systems; nor any damage caused by third parties by illegal incursions outside the control of IAG.

IAG shall not be responsible for any damage or loss, which you may sustain as a result of errors, defects, or omissions, in any third party information provided on this website. You must have the security patches of the respective browsers updated. IAG will only be liable for damage caused by using the website when such damage is caused directly by IAG in willful misconduct or gross negligence and no negligence existed on your part.

In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such terms shall, to that extent, be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law. Your use of this website, any downloaded material from it, any matter, claim or dispute arising out of or in connection with this website and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales.

Without prejudice to the following, the courts of England are to have exclusive jurisdiction to settle any dispute, whether contractual or non-contractual, arising out of or in connection with this website and the operation of these Terms and Conditions. You agree that proceedings may be brought against, but not by, you in the Courts of the country of your residence.

The information which appears in this website may not be up-to-date. IAG reserves the right to update, modify or delete information on this website, as well as being able to limit or deny access to this website. Likewise, IAG reserves the right to suspend, or discontinue the presentation, configuration, technical specifications, contents and services of the websites, at any time without notice to users.

Last updated 05 April 2018

© I International Consolidated Airlines Group, S.A December 2011