TERMS AND CONDITIONS FOR CONTRACTING SHOPTOFLY
ShopToFly is a Marketplace that Aena makes available to you so that you can shop online in the airport shops that are integrated in ShopToFly.
You can place your orders on the ShopToFly.aena.es website.
- 1. Identification
ShopToFly is owned by Aena S.M.E., S.A. (hereinafter "Aena"), manager of the Spanish airport network and its business activity, and is therefore the owner of the commercial catering premises located in the airports. Aena has independent legal status, distinct from that of the State, full legal capacity and capacity to act for the fulfilment of its purposes.
Aena contact details:
Address: Peonías, 12 28042 Madrid
Telephone: (+34) 91 3211000
Email address: email@example.com
- 2. Purpose
This document sets out the Terms and Conditions for Contracting that regulate the purchase of articles and products through ShopToFly.
To make a purchase, you have to follow the steps stated by ShopToFly, which implies the express acceptance of these Terms and Conditions of Contracting, being as valid as the express signature of an agreement. Please note that in order to make a purchase you must be of legal age (≥ eighteen (18) years) and have sufficient capacity to purchase the product, as well as the obligations arising from your purchase, you must also have previously read this document and understand its contents.
- 3. Prior information
These Terms and Conditions are freely available to you on ShopToFly. Aena reserves the right to modify and update them, based on the contractual freedom of intermediary service providers, so we recommend that you access the document to read its contents before accepting them each time you make a purchase on ShopToFly. However, in the event that significant changes are made, which may directly affect the recipients of the service, they will be reported by appropriate means.
All the products we sell on ShopToFly are perfectly described on the website and are at your disposal, matching the most requested items in the airport shops. Therefore, products that are not expressly indicated on ShopToFly are not included.
In compliance with the provisions of article 23 of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Ley de Servicios de la Sociedad de la Información y de Comercio Electrónico, LSSICE), Aena is an intermediary service provider, which means that through ShopToFly, it puts the user's demand in contact with the supply of articles from the airport shops, establishing the contractual relationship that governs this document between the user who makes the purchase and the company that offers the product that you have purchased through ShopToFly.
You accept this document with your consent when you check the box "I have read and accept the Terms and Conditions of the ShopToFly Marketplace", and you can accept it at various points in the process depending on whether you are buying as a registered user or as a guest.
Appropriate and sufficient technical means will be introduced to identify and correct possible technical errors detected in the processing of information that is displayed on ShopToFly.
You will be able to process the purchase of your order in the language of your choice from those contemplated on ShopToFly, and this agreement will be formalised in the language you have chosen.
- 4. Marketplace Operation
ShopToFly offers you a service so that 24 hours before your flight, you can comfortably and securely purchase online the articles offered by the shops at the airports that adhere to ShopToFly. Once you have made your purchase, you have to go to the airport shop to collect your purchase, showing the voucher we sent you when you confirmed your purchase.
The binding contract for the purchase of the product is made with the retailer from whom you purchased. The sale of the product is formalised on behalf of you and the establishment.
4.1 Engagement procedure
To place an order and finalise your purchase, you have to follow and complete the steps determined by ShopToFly. The first thing you have to do is select the airport and the terminal where the establishment where you want to collect your order is located. By entering the establishment or directly choosing the product, you will be able to add all the products you want to your basket and also choose the day and time of collection.
In order for you to be able to buy, you have to first provide us with your details, and you can choose to purchase as a user (by registering with ShopToFly) or as a guest (without the need to register). There is no need to register again if you are already an Aena Club member as you will be able to make your purchase more easily just by logging in, by entering your email address and password.
The process ends when you formalise the purchase of the order and you receive an email confirming the operation, with your order number, date and purchased product.
If you make the purchase as a "guest" you have to provide us with some details to finalise the purchase: email address and your payment card details.
If you decide to register as a "user", you will be required to provide the following information: name, surname, e-mail address, password, country, postcode, area code, mobile phone number.
Please note that if you choose to register as a user, you will be part of our loyalty programme and will be able to enjoy all the advantages our Club offers. To do so, you are required to accept the Aena Club Terms and Conditions, which we will show you during the registration process.
There is no need to register again if you are already an Aena Club member as you will be able to place your order more easily just by logging in, by entering your email address and password.
As a user, you accept that your user account is personal and non-transferable, and that you are the owner of it, and that you have to protect it using the password you entered at the time of registration, in accordance with the rules of robustness and complexity that we indicate.
As a User, you can change your password at any time within the customer area.
For security reasons, we may ask you to change the password you generate after a period of time, always making diligent use of it, keeping it secret and not communicating it to any third party as the user of the account. You are not allowed to share your User account with other people.
4.2. Formalisation and payment of the purchase
Making purchases: Once you have chosen the product, you can add it to the basket, where you can buy as a user or as a guest without having to register, although you will at least have to enter your email address and accept these terms and conditions, and then, depending on which establishment you have bought from, you will be able to make the purchase in different ways:
- a) Paying through the Click & Collect system, which means that once you have added your products to the basket, you can pay by entering the card number you wish to pay with and clicking on the "pay" button.
- b) In some shops, when expressly stated by the system, you will be able to pay through the Reserve & Collect system, which means that once you have added your products to the basket, you will have to click on the "reserve order" button and your order confirmation number will be displayed on the screen, so that you can go to the shop to collect it, paying there directly.
- c) You will be able to pay with other payment methods such as mobile payment, bizum, bank transfer and Pay Pal, when expressly stated by the system.
Click&Collect payment: it will be made when you click on the "pay" button and your payment request has been authorised by the bank. Aena will send you an email confirming the transaction with your order number, date and purchased product. Please note that it is important that before making the payment, you check the products you have chosen and correct any errors, as once you click on "pay", the system does not allow you to correct errors.
Order delivery: Your order will be delivered to the establishment during its opening hours. At some points of sale, you can choose the option of collection at a specific and common drop-off point, known as a "collecting point". If you choose this option, you will be able to track the status of your order on the website, by going to My Account and then Orders. You will also receive a notification that your order has been prepared and is ready for collection.
Order process completion: The contracting process will be finalised when the order has been delivered. Aena will send you an email to thank you for your trust and to allow you to assess the quality of the service you have received.
Rejection to authorise payment: If your payment request is not authorised by the relevant bank, your order will not be processed and will not be communicated to the establishment.
Modifying or cancelling an order: Once you have made your purchase and your payment has been authorised, if you wish to change your order, you will have to cancel it to proceed to place a new one. To do this, go to your account to the My orders section.
Please note that the return and exchange policy within ShopToFly is subject to the policy set forth by each establishment, so you have to abide by the policy of the establishment where you have placed your order.
Management of the order and possible rejections by the establishment: in the event that after making the payment, the establishment cannot deliver the product due to lack of stock or for any other reason, you will receive a communication informing you that your purchase has been rejected by the establishment, in which case you will be refunded for corresponding purchase. As your bank or card issuer is responsible for refunding your card, you should bear in mind that the actual refund may take between 3 and 5 business days.
4.3. Price and Payment
The prices are those indicated on ShopToFly, including VAT. The prices will be the same as those offered by the retailer in the physical Airport establishment, and may be lower on ShopToFly to promote online sales.
Price setting: Aena will ensure that the prices posted on ShopToFly are those set by the establishment; however, in the event of a discrepancy between the published price and the price offered by the establishment, users will pay the price published on ShopToFly, having given their consent by accepting payment.
Payment methods: Payment for orders will be made through the payment platform contracted by Aena, and the establishment has to carry out the appropriate procedures indicated by Aena in order to be integrated into the platform, so that users can make payments for their products without any problems.
The Payment Platform belongs to an external company with which Aena has signed a fixed-term contract and the company may therefore change at the end of the contract. Therefore, Aena may change the Payment Platform and even extend the payment methods, such as mobile payment, bizum, transfer, Pay Pal, thus providing a better payment service to users, and the establishment undertakes to collaborate and take the required steps to be integrated into the possible changes.
Payment: Payment will be made with a credit or debit card, the number of which you have previously entered when choosing the purchase process. Please note that delays in the payment and transaction process can sometimes occur; this may result in delays of up to sixty (60) days delay in the charging of your bank account or your credit or debit card.
Pre-paid vouchers, discount vouchers and promotional codes: They can be applied to your order if recognised by ShopToFly. These coupons need to be issued by Aena. And you will have to pay the corresponding amount that isn't covered by the promotion or discount, using the payment method stated on ShopToFly.
4.4. Customer service
Customer service is very important to us. Our Customer Service team shall answer any questions you may have related to your order.
If you have not registered, you can email us at the following address firstname.lastname@example.org or call us on +34 91 321 1000.
If you are a registered user, you can contact our customer service on your account by accessing the "Support" section where you can write your query. You will receive an answer to your email address.
- 5. Using ShopToFly
By accessing ShopToFly, you are responsible for the proper use and browsing, using the Services offered on the Platform for legitimate and lawful purposes. By way of example, but not limitation, the following are prohibited:
(i) Using ShopToFly or the Services for unlawful purposes;
(ii) Using ShopToFly for the purpose of causing damage, inefficiencies, interruptions or similar defects in the operability of ShopToFly or electronic structures or any third party;
(iii) Using ShopToFly to transmit malware, viruses or similar programmes or to post or disseminate content of an offensive, racist, denigrating or pornographic nature that could cause discomfort to persons;
(iv) Using ShopToFly to the detriment of Aena's interests;
(v) Registering on ShopToFly under a false identity;
(vi) Using ShopToFly for advertising purposes, such as sending spam or in other similar ways;
(vii) Breaching the security measures established by Aena;
(viii) Carrying out actions that tend to saturate the programme, thus impairing the proper operating of ShopToFly; and in any case.
(ix) Using ShopToFly in an unlawful manner.
In the event that we find ourselves in any of the situations listed in the previous section, Aena as owner of ShopToFly, reserves the right to implement the measures it deems appropriate.
- 6. Intellectual and Industrial Property Rights
Aena, as owner of the ShopToFly brand and the software, grants the User a limited, non-transferable, revocable, non-sublicensable and non-exclusive licence to access and use ShopToFly on the User's personal device.
Any rights not expressly granted are reserved by Aena as owner of ShopToFly and the brand.
The User or any third party shall be restricted from carrying out the following actions:
- Reproduce, change, prepare derivative works, distribute, license or exploit in any way ShopToFly or the Services, when not expressly permitted by Aena;
- Decompile or reverse engineer ShopToFly;
- Link to, mirror or frame any part of the Services;
- Deploy or launch any kind of programme to carry out any action regarding data mining or actions aimed at damaging the operability and operation of ShopToFly; or
- Remove, modify or any similar action aimed at altering Aena's copyright on its trademark, ShopToFly or its Services.
In any case, the intellectual and industrial property rights over the Services and the brand and ShopToFly's software will remain under Aena’s ownership. Neither the use of ShopToFly nor the use of the Services implies the transfer or granting of any rights:
- In connection with the Services, other than the licence referred to above; or
- to use or mention in any way company names, logos, product and service names, trademarks or other elements of a similar nature, except in cases in which Aena expressly grants them.
- 7. Payment and billing
Payment will be made with the payment card you provided when you filled in your details to contract the service, whether you did so as a user or as a guest. Payment will be effective when we receive confirmation from the ShopToFly Payment Gateway. In the event that the transaction does not come about, it will be suspended and we will let you know what has happened.
Moreover, if you are a registered user, you will be able to include, modify and/or delete your payment card details in your profile at any time.
And if you need an invoice, you will have to ask for it at the shop when you collect your order.
- 8. Electronic engagement
In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI), contracts entered into electronically shall produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met.
In any case, the electronic medium containing these Contracting Terms and Conditions shall be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it shall be understood that the completion of all the phases of the purchasing process and, if applicable, the payment of the corresponding amount, necessarily imply the provision of the consent required for the engagement.
Moreover, and in accordance with the provisions of Article 27 of the LSSI, all information regarding the engagement procedure is made available to Users prior to the start of the engagement procedure, which will only be applicable in the event that the User decides to proceed with the engagement on the ShopToFly Marketplace.
- 9. Liabilities
The parties (the user and the establishment) undertake to comply with their legal and contractual obligations contained in these Terms and Conditions of Contracting.
The parties shall be liable for their personal breaches and shall indemnify the other party against any error, fault or negligence not attributable to the latter, and for any damage resulting from such breaches or errors not attributable to the other party.
Aena, as owner of the ShopToFly Marketplace, is configured as a provider of information society services, with the relevant limitations of liability that this entails.
The establishment is responsible for delivering the product in perfect condition.
If, at the time of collecting your order, you detect deterioration of the product or damage to its packaging, you have to immediately inform a staff member at the establishment, who will check the deterioration or error regarding the product on site, and repair the damage by delivering the requested product in perfect condition to the user.
Aena reserves the right to hold clients accountable and liable for any improper use the ShopToFly Marketplace or for any failure to comply with the rules set out in these Terms and Conditions for Contracting.
You will be liable in the event that anyone uses the ShopToFly Marketplace in a faulty, partial or erroneous manner using your password. Aena, as the owner of the ShopToFly Marketplace, reserves the right to cancel the passwords of users who misuse the Marketplace or its services, not enabling access to the Marketplace, either due to a breach of these Terms and Conditions for Contracting or any other objective reason.
Aena will not be responsible or liable for any interruption, inaccessibility or failure of any kind which the system's operations may experience, as a result of possible occurrences in any of the telecommunication or other accessory service outside Aena and necessary for its functioning.
- 10. Confidentiality and Data Protection
- 11. Duration and Amendments
The duration of these Terms and Conditions begins when users expressly accepts them when formalising the purchase process in the Marketplace and ends when the product is delivered. After delivery, Aena will send you an email to thank you for your trust and to allow you to assess the quality of the service you have received.
For its part, the User may terminate these Terms and Conditions of Contracting at any time by unsubscribing as a user of ShopToFly. However, any obligations that may remain in force after the termination will continue to bind both parties as stipulated.
Aena reserves the right to modify these General Terms and Conditions of Contracting, notifying lessees, a requirement which the parties expressly agree is understood to be fulfilled with the posting of the changes on ShopToFly or through any other Aena communication means. We recommend that you consult these Terms and Conditions of Contracting from time to time, as they may be subject to change.
You will be deemed to have expressly accepted such amendments or updates if you make a new order through ShopToFly. If accepted, the modification and entry into force of the new contract will fully replace the previous conditions to take effect for new orders placed from the date of acceptance of the new terms and conditions.
- 12. Safeguard clause
All clauses or terms of these Terms and Conditions of Contracting must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The clause or clauses involved shall be replaced by one or more other clauses that preserve the intended effects of ShopToFly Terms and Conditions.
- 13. Dispute Resolution
The regulations in force shall determine the laws that shall govern and the jurisdiction that shall be responsible for the relationship between the parties. Notwithstanding the foregoing, in cases in which current legislation foresees the possibility for the parties to submit to a specific jurisdiction, the parties, expressly waiving any other jurisdiction they may be entitled to, submit to Spanish legislation and to the Courts and Tribunals of the city of Madrid.
Last update: June 2023