LEY 34/2002 DE SOCIEDADES SERVICIOS DE LA INFORMACIÓN, FLYKUBE.COM IS A DOMAIN PROPERTY OF FLYKUBE, S.L. (henceforth FLYKUBE) WITH CIF B67040998, REGISTERED OFFICE AT AV. MISTRAL 41-43, ENTLO 2º, 08015, BARCELONA, REGISTERED IN THE MERCANTILE REGISTRY OF BARCELONA IN VOLUME 46.005, FOLIO 105, PAGE B-506.628, FIRST REGISTRATION.
The present Flykube Terms & Conditions are in force since June the 30 th 2017. They refer to all Flykube products & services purchased at any time while these conditions are available. These provisions will remain in force until notified otherwise.
These Terms & Conditions refer to all reservation, purchase and services regarding the FLYKUBE tour packages.
The person who acquires our services through our website www.flykube.com will be considered the Customer. The Customer may, or may not be, the actual beneficiary of the service depending on whether the purchase of our tourist packages is intended for personal use or as a gift for any third party. When the Customer is not the person beneficiary of our services & packages, we will refer to the beneficiary as: Beneficiary, User or Traveler.
The Customer, in order to purchase our services & products, must be at least 18 years old and hold legal capacity to acquire through www.flykube.com. All Customers must confirm, prior to purchasing our products, that they fully acknowledge and understand the entire scope of our Terms & Conditions policies.
In accordance with article 27 of the Spanish Law 34/2002, of July 11 th , regarding Information Society and Electronic Commerce Services, we must take into consideration the following points:
The acceptance of these Terms & Conditions is an essential requirement in order to formalize and validate all contractual relationships between the Customer and FLYKUBE.
FLYKUBE is entitled to make any changes it deems appropriate, both on the Web and in these Terms & Conditions, without prior notice. In the event of changes that may affect the essential elements of the contracting conditions will not be applicable to the contracts already stipulated unless the Customer expressly accepts the modifications introduced.
FLYKUBE: Integrated tourist package, consisting on round-trip flights and accommodation in a random destination depending on the product purchased: Surprise Destination, Multi-destination, Summer Surprise, Vipkube, All Surprise.
Terms & Conditions: General terms of service conformed to the present contract applied to all purchase of FLYKUBE products & services without restriction.
User Account: Basic service (profile, email) that enable a Use to hold an identity in our Website and therefore access from the profile the services offered by the platform.
Services: This regards all offered services either free or not available to the Users of our Website Platform.
Website Platform: Online app accessed from www.flykube.com, named FlyKube.
User: Internet user that is over 18 years of age and may invest in purchasing any of our products and services.
Operator: Designates the company selected by FLYKUBE that provides the air transportation service to the Beneficiary.
Collaborator: Designates the company selected by FLYKUBE that provides accommodation and / or other related touristic services to the Beneficiary.
Beneficiary: Designates the actual person that goes on the FLYKUBE touristic experience.
Parties: Designates both parties involved, FLYKUBE and the Customer.
WARNING: THESE ARE FLYKUBE’S TERMS & CONDITIONS. THE USER AGREES TO READ AND ACCEPT ALL SPECIFIC CONDITIONS THAT ARE INCLUDED WITHIN.
1.1 Customers may request any Flykube order through the Website.
Specifically, the process of requesting orders through the Website involves the following steps depending on the chosen service:
All conditions regarding flights, hotels and booked activities will be subject to the conditions imposed by the service provider, given that Flykube acts as an intermediary for such operators.
If a traveler has any special need or requires assistance at the airport (for reduced or limited mobility, etc.), it must necessarily be indicated in the section provided for this purpose at the time or reservation. Please note that it will not be possible to consider otherwise.
It is the responsibility of the traveler to arrive at the airport sufficiently in advance, as well as to review and comply with the policy of permitted hand luggage. FLYKUBE will not be made liable for the additional costs or denials of boarding imposed by the airline due to non-compliance with the airline's policies, lack of necessary documentation to travel or failure to arrive at the boarding gate on time.
The Customer and the travelers are responsible for presenting to the airline the necessary documentation for the trip. Travelers should acknowledge that any of the destinations proposed in the FLYKUBE package are possible destinations, and therefore they must have all required documentation, permits or visas in order to travel to any of those destinations or otherwise delete them from the list of possible destinations.
FLYKUBE will not be responsible for denied boarding for not having the necessary documentation to travel. You should also review and be responsible for having everything you need and that is required by the operator to be able to travel.
FLYKUBE services are also offered through the Gift Card or Coupon system. This card can be offered in different formats, from a virtual coupon to a card wrapped in a box or similar expressly designed to be given as a gift and then exchanged.
The acquisition of these cards will allow the holder to access the Website Platform and proceed to exchange it for the products & services offered by FLYKUBE, described in the previous section.
Coupons are never cumulative, and must comply with the specific conditions included in the coupon instructions.
The Customer: The person who configures and acquires a FlyKube gift card. A customer may also be one of the travelers, but not necessarily. It’s possible that the beneficiary of the trip is a third party.
The beneficiary: The person who receives the gift card and exchanges it for a FLYKUBE service.
Traveler: The person or persons who will travel in the contracted FLYKUBE service.
The FLYKUBE gift card is an item of a certain value that can be exchanged for a FLYKUBE trip.
The gift card is available in an electronic form (sent by e-mail, or downloaded by other means) or in a physical form (gift box, envelope, or equivalent).
The validity of the gift card will be checked by FLYKUBE, and it will be verified by an identification code that can be found in the body of the card.
The card can be purchased through the website, as well as through contracts with customers who wish to obtain a set of cards and with whom a sales contract will mediate.
To purchase a gift card on the FLYKUBE website, please follow these steps:
It is important that the user carefully reads the instructions that appear during the contracting process. They are an integral part of these Terms & Conditions.
In the event that the beneficiary wishes to add additional services or contract a package of a value greater than the one included in the gift card, an extra amount must be paid during the reservation process.
The validity of the gift card is 12 months from the date of purchase. If during the indicated period of validity, the FLYKUBE gift card is not used, it will expire and will not be exchangeable, extended or refunded.
The FLYKUBE gift card is a valuable item. Only the holder of the card acquires owns the rights regarding such value. In case the card becomes unavailable, such rights will perish. For this reason, FLYKUBE will not be made liable for the loss of the gift card. In case of non-use, use without your permission or destruction of the gift card, neither the customer, nor the beneficiary, nor the traveler will be entitled to a refund or a replacement.
FLYKUBE will not be made liable for the expiry of gift card, nor will FLYKUBE extend the validity date fin the event that the customer enters erroneous data in the purchase process (for example, e-mail). If you detect an error, contact FLYKUBE as soon as possible so we can send you an electronic duplicate (always providing the card has not expired).
If the client chooses a physical format for the gift card, it will be delivered to the address placed in the order. FLYKUBE will not be liable for value of the card in case of failure to deliver in the event of absence of the beneficiary or for errors in the address indication or date of delivery. FLYKUBE will not be liable for the delay in the delivery caused by holiday periods.
Delivery will be carried out by mail or by courier. The details and costs of deliveries will be shown at the time of contracting.
Specific right of withdrawal for the gift card case:
The customer has the right of withdrawal for 14 days from the moment the purchase is made, providing that the gift card has not been exchanged.
This contract is governed by what is agreed between the parties and by what is established in these Terms & Conditions, under the applicable regulations and by the provisions of the Spanish Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the defense of consumers and users and other complementary laws.
1.2. The customer agrees to provide accurate, complete & truthful data, either directly through our website or by calling the Customer Service Department. This applies specially to the credit or debit cards used for the purchase. These must belong to the purchaser and must have sufficient funds to cover the cost of the product / service contracted.
FLYKUBE does not have the technical and / or legal means to verify 100% the accuracy of the intended identity of the Users and is not responsible for the accuracy or inaccuracy of such information.
However, in case of doubts about the accuracy of the information provided by the User (and in particular about their age), or in the event that third parties or other Users communicate information that leads to suspect on the usurpation of identity or falsehood in the information provided by a User, FLYKUBE may:
In the event that the User does not proceed to send the requested document within 8 days, or if it is found out that there has been a usurpation of identity or that false harmful information has been provided, FLYKUBE will consider that the User has violated these Terms & Conditions and the contract may be terminated by law in accordance with article 9 of these T&C.
FLYKUBE. reserves the right to cancel the customer's reservation in case of non- payment, refund of payment, or in case of false data or if the cus'tomer's card data cannot be verified.
Likewise, FLYKUBE. is not responsible for a possible denial of boarding or other cases derived from erroneous data entered by the Client.
2.1 The FLYKUBE service sent to the Beneficiary gives the right to a transport service provision, provided by the operator corresponding to the selected FLYKUBE flight, as well as the accommodation selected.
2.2 The provision of the service is subject to the specific conditions of the operator of the selected flight, especially the general terms and conditions of carriage. It is therefore the responsibility of the Beneficiary to inquire with the chosen collaborator about the existence of possible specific conditions (such as boarding times, luggage restrictions, etc.). Any refusal by a Collaborator to perform the service for the reasons above mentioned will not be considered as discrimination of any kind or as non- compliance, and will not entail any liability on the part of FLYKUBE or the operator involved. It is the customer’s responsibility to ensure that the Beneficiaries have the necessary documentation to travel to any given destination, as well as a valid passport, visas, etc.
2.3 The Beneficiary is responsible for the printing the boarding pass sent by FLYKUBE via email, and for the check-in following the operator’s instructions. FLYKUBE will not be responsible for the operator's surcharges derived from the billing and boarding processes, such as not printing the boarding pass, excess baggage, etc.
2.4 FLYKUBE only carries out the intermediation between the User and the Operator, without further promise or additional provisions. Therefore, FLYKUBE will only be liable for the company’s activity in accordance to the law, excluding the enforceability of any responsibility for non-compliance with the benefits contracted between the user and the service provider or the operator.
2.5 The operators and collaborators selected by FLYKUBE are holders of professional civil liability insurances that cover notorious amounts and have all the authorizations or diplomas that entitle them to carry out their activities (operating licenses and air operator certificates).
2.6 FLYKUBE reserves the right to end the relationship with one or more operators and collaborators while the contractual relationship is in force, and in particular in view of ensuring an optimum quality level of services.
2.7 FLYKUBE will not be made liable for any prejudice or losses caused by force majeure or fortuitous event, whatever the nature.
2.8 FLYKUBE is not responsible for flight delays or cancellations. In the event that a flight changes its schedule or is canceled, it is the customer who must demand his rights directly to the operator’s company. If FLYKUBE intervenes in this process, it will be for the purpose of helping, without under any circumstances acquiring any commitment in this regard.
The personal data object of the processing will only be made available to a third party for the fulfillment of purposes directly related to the legitimate functions of the transferor and the transferee with the prior consent of the interested party.
2.10 Requirements to be a User:
To be a User of the WEB PLATFORM, it is necessary:
The User guarantees the authenticity and accuracy of the information provided and agrees to keep it updated through the User Account.
2.11 Subscription form / Mandatory information
In order to contract the provision of the services offered by FLYKUBE It’s mandatory to register and to completely fulfill the subscription form.
The User must provide the following information:
3.1 The prices of each FlyKube appear on the Web at the time the customer places the order. In accordance with the applicable legislation, the prices of the services include the price of the flight with all airport taxes included, of the accommodation, the management fee and the corresponding VAT.
The additional costs that may derive from contracting services not offered at the most basic rate of the selected FlyKube operator are not included in the price of the services.
The rates or supplements that the operators or collaborators apply are not included in the price either.
3.2 The payment of the order can only be made with PayPal or Bank card (Visa, Mastercard, American Express) by indicating the card number and the expiry date in the section provided for this purpose, as well as the code located on the back of the card. The entire amount of the order will be deducted from the bank card on the day of the order. FLYKUBE reserves the right to suspend the processing of the order in case of rejection of the payment authorization by the bank. FLYKUBE guarantees the confidentiality and security of the client's bank details transmitted through the Web when ordering [secure entry by SSL encryption (Secure Socket Layer technology)].
FLYKUBE reserves the right to add promotions for users, individually or in collaboration with external entities. In any case, such promotions will be specifically announced on the Website or by other means, and the particular conditions and duration terms thereof will be also indicated.
FLYKUBE reserves the right to change the Service Fees at any time. Changes in such rates will not affect reservations made prior to the date of the changes.
There are special conditions for coupons or gift cards, in which three situations may occur:
Once the payment of your FlyKube has been made, the Customer will not be entitled to any refund or changing of dates or data of the passengers of their reservation.
In the event that the Customer withdraws from the contracted service, no amount regarding the FLYKUBE payment will be refunded (including all the money paid for the optional services we offer).
By virtue of article 103 section l) of the Spanish Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal to contracts that refer to the provision of accommodation services for purposes other than serving as housing, transportation of goods, rental of vehicles, food or services related to leisure activities, will not be applicable when the contracts provide a date or period for specific execution.
As for the transportation of people, according to article 93 k) of the Spanish Royal Legislative Decree 1/2007 by which the Consolidated Text of the General Law for the Defense of Consumers and Users is approved, the regulation of online sales except for Article 98.2) will not be applicable to passenger of transportation service contracts. So, the reservation right of withdrawal does not apply to reservations of transportation services for people. In the event that the User expresses the will to cancel the contracted tickets, the cancellation conditions of the company in question will apply.
When the User exercises the right of withdrawal, FLYKUBE may apply penalties on certain occasions and depending on the expenses incurred to execute such withdrawal.
Except for manifest error, whose burden of proof corresponds to the customer, the data stored in the FLYKUBE databases have the value of proof regarding the orders placed.
The data on computer or electronic support kept regularly constitute admissible and opposable evidence in the same terms and with the same evidentiary force as any document received and kept in writing.
FLYKUBE will deliver the purchase receipt regarding the reservation as well as the final electronic ticket, the contracting conditions and boarding pass, sending them to the email address provided by the buyer.
Any request for information, especially regarding the purchase, refund, exchange or operation of services, should be addressed to FLYKUBE, by phone at +34 93 220 65 44from Monday to Friday, from 9:00 a.m. to 6:00 p.m. Spanish time. Or, additionally, through the Website www.flykube.com “Contact” section, or by email to the following address: firstname.lastname@example.org.
In the event that one of these provisions is declared null or considered non-binding, the validity of the other provisions of this agreement of sale will not be affected.
This contract has an indefinite duration and can be terminated by the User at any time, without notice and without the need to justify their decision.
FLYKUBE may terminate the contract without the need to justify its decision as long as it notifies the User by email with a notice period of one month.
By registering for the Services, Users agree to:
Users are solely responsible for the use of the data they consult, request or communicate on the WEB PLATFORM.
In particular, users are responsible for the publication of their data and the data of other passengers, expressly consenting to the use of the data of one and the other.
The Users agree to maintain FLYKUBE systems harm free and, where appropriate, compensate FLYKUBE for any sanction, fine, damage or loss derived from any claim of the type or nature that may be derived, directly or indirectly, from the breach of the legal and / or contractual obligations of the Terms & Conditions applicable to the User.
FLYKUBE does not control the external sites and sources (web pages, forum, social networks, devices or app, etc.) to which the hypertext links placed online on the WEB PLATFORM lead and is not responsible for their content. In this regard, Users are invited to interrupt the consultation and notify FLYKUBE if it is discovered that a hypertext link directs to a Site or an external source whose title or content violates the laws.
The fact that FLYKUBE does not manifest the breach by the Users of the T&C cannot be interpreted as a waiver on their part to manifest such breach in the future.
It’s solely the User’s responsibility to respond for the inaccuracy or falsity of the data provided and will be made liable for the damages caused to companies or third parties due to the use of the services offered.
FLYKUBE undertakes to offer Users an online service in accordance with the laws and to carry out the intermediation services with the utmost professionalism and diligence, in addition to the other commitments contained in these terms.
FLYKUBE will not be made liable in the event of scamming, identity theft or other criminal offenses, as well as for any attacks on the image or privacy against third parties committed by the Suppliers or Users through the WEB PLATFORM and the Services.
FLYKUBE is not responsible for the information given by the Suppliers or, in general, to the users, nor for its veracity, nor its authenticity, nor its accuracy, given directly or through other means of subscription.
Neither will be made liable for the data shared by Users through or this or any other Social Network outside FLYKUBE, including any outside platform linked to from our WEB PLATFORM.
It’s the User’s obligation to guarantee that all the information provided is accurate and is updated so that it responds truthfully to the current situation of the User. It corresponds and is the obligation of the User to keep data updated at all times. The User will be made liable for the inaccuracy or falsity of the data provided on the WEB PLATFORM and for any the damages caused by such data to the platform or to third parties related to the services offered by FLYKUBE.
FLYKUBE may store content relative to possible legal infractions and communicate it to the legal authorities. Likewise, it will keep the data of users who unsubscribe in compliance with current regulations on the protection of personal data or any applicable regulations.
FLYKUBE does not guarantee that the Services work in the event of interruption of the User's Internet access or in the event of non-operation or poor access conditions caused by the jamming of the Internet network, as well as for any other reason of force majeure, not attributable to FLYKUBE or its borrowers.
FLYKUBE will not be made liable for the services offered and operated by the airlines or the accommodation companies contracted. Such providers will be liable for the provision of the services they offer and hold licenses and all the insurance policies necessary in this regard.
FLYKUBE will not be made liable for the breaches caused by force majeure or fortuitous event, whatever their nature. However, it will aid in the event that the traveler experiences difficulties for the proper completion of the trip.
11.1 All Users are entitled to the right of access, rectification & erasure, restriction, portability, object, withdrawal, and cancellation of their personal data by contacting FLYKUBE through the following email:
By accepting the content of these Terms & Conditions, the User gives FLYKUBE express consent for the processing of the personal data provided.
The personal data obtained will be exclusively used by FLYKUBE within the framework of this agreement. Users who accept the present Terms may receive from FLYKUBE commercial and advertising offers, their own and from third parties. Users may at any time notify FLYKUBE that they do not wish to continue receiving such commercial and advertising offers through the system it offers to unsubscribe, which will always be easy, accessible and free.
In order to be able to transfer User’s personal data to any third party, FLYKUBE will previously request the data owner’s express consent.
11.2 Personal Data collected by FLYKUBE
Upon registering in the WEB PLATFORM, the User must communicate a series of information in accordance with art. 2.11 of the Terms & Conditions.
Such Personal Data may be public or private.
The following will be considered as personal data of a private nature and, therefore, as protected data:
The following information must be communicated by the User:
At any time, you can exercise your rights of access, rectification & erasure, restriction, portability, object, withdrawal, and cancellation by contacting it in writing with your Id. information to FLYKUBE at email@example.com.
11.3 Communications and Notifications
Any communication sent will be incorporated into the FLYKUBE information systems.
By accepting these conditions, terms and policies and, especially, when the User submits personal data to FLYKUBE, the User expressly consents FLYKUBE to carry out the following activities and / or actions, unless otherwise stated when contracting or subscribing any product and / or services provided by FLYKUBE or as a result of a subsequent revocation of the consent initially granted.
12.1 Rights of the WEB PLATFORM
All logos, graphic elements, photographs, animations, videos and texts that appear on FLYKUBE’s WEB PLATFORM as well as all necessary elements for its operation - architecture, design, code pages, CSS pages, algorithms and any other element-, may not be reproduced, used or represented, by any means or form without prior express authorization from FLYKUBE. The breaching of this clause will be prosecuted and will be resolved with the appropriate legal actions.
The rights of use granted by FLYKUBE to Users are strictly limited to their private and personal use within the framework of the signed contract and throughout its duration. Any other use by Users is strictly prohibited without the authorization of FLYKUBE.
Users are strictly prohibited to modify, copy, reproduce, download, broadcast, transmit, exploit for commercial purposes and / or distribute in any way the Services, the WEB PLATFORM pages or the computer codes of the elements that make up the Services and the WEB PLATFORM.
13.1 FLYKUBE will terminate all contract in the event of the breaching of these Terms & Conditions.
In the event of serious infringement, that is, the forwarding of content contrary to public order or good customs, FLYKUBE may terminate the contract in full right, without prior notice.
In case of termination of the contract, the User will not be entitled to claim for any compensation or refund. FLYKUBE will be entitled to claim for compensation of all damage.
13.2 Contract resolution by the User
All Users can terminate the contract held with FLYKUBE at any time and without reason by requesting the cancellation of their account. You can do so by sending an email to firstname.lastname@example.org as stated in section 2.5 of these Terms & Conditions.
The termination of the contract will be effective in a maximum period of 30 days from the moment that FLYKUBE has full confirmation of the authenticity of the applicant’s data. The User may not claim any compensation or refund.
Regardless of the previous procedure, the WEB PLATFORM will make available to the User an option to delete their account directly.
13.3 Changes and cancellations
When a User clicks 'Pay' he is requesting FLYKUBE to make the reservations for flights, accommodation and all the services contracted in the FLYKUBE package. Therefore, the cancelling or changing of reservations will not be possible as from this moment.
All the services included in the FLYKUBE package, and the FLYKUBE package itself, are non-refundable and non-cancelable.
The user must ensure that the dates and all the data entered are correct, since neither the customer nor the travelers will be able to make further changes or cancellations.
In the event that the customers or travelers cancel the service, FLYKUBE will not refund any amount paid to FLYKUBE or to any of the optional services offered (the penalty for cancellation of the combined trip is 100% of the reservation amount).
Name changes and assignment of contract may be made to other travelers, always paying the penalty established by service providers (airlines and hotels), or paying the cost of acquiring a new air ticket in the event that the airline does not allow the change of name.
If FLYKUBE cancels the contract for reasons not attributable to the traveler, full refund will be provided by the company. FLYKUBE will not be made liable for the paying of any additional compensation to the traveler if the cancellation is due to unavoidable and extraordinary circumstances and the traveler is notified of such a cancellation without undue delay and always before the beginning of the trip.
FLYKUBE offers the possibility of contracting, during the booking process on the website, an assistance and cancellation insurance. This insurance will be offered by a third party and the User must precisely comply with the conditions required by this third party.
The present Terms & Conditions of sale and the contract will be governed by Spanish legislation, and the litigious questions that may arise regarding the interpretation and application of the latter will be resolved by the Courts and Tribunals of the city of Barcelona.
The realization of the trip is subject to the specific conditions of the operator (flight or hotel) selected by FLYKUBE, especially the general terms and conditions of transport. Therefore, travelers are obliged to inform the operator about the existence of possible specific conditions (such as boarding times, baggage restrictions, etc.). Any refusal by an operator to perform the service for the reasons previously mentioned will not entail any liability on the part of FLYKUBE. It is the responsibility of travelers to ensure that they have the necessary documentation to travel to possible destinations, as well as a passport, visas, etc.
FLYKUBE is not responsible for obtaining the necessary documents and visas. FLYKUBE is limited to carrying out the intermediation work between the traveler and the Operator, without promising or making any provision, for which reason it will only be made liable for its activity, in accordance with the law, excluding the enforceability of any responsibility for non-compliance with the services contracted between the user and the service provider or contracted Operator.
If the user travels with minors, they must comply with all applicable regulations.