Terms for Website

This document contains the terms and general conditions for the access and use of the website www.livingstonair.it by any user which intends to visit the pages of such website.

The access and use of the website and, more in general, any action involving the visit of the website, represent acceptance of these terms and conditions.

Should the user not intend to accept these terms and conditions, he ought to refrain from surfing on the pages of the website.

DEFINITIONS

Account”: means the account possibly created by the User on the Website.

Ancillary Services”: means the services and products other than air transport made available to the User directly by New Livingston through the Website (including but not limited to, the personalised meal service named “tailor made menu”) which can be purchased while booking flights on the Website or independently, in the case of a package holidays sold by affiliated tour operators or travel agents.

Ancillary Services of Third Parties”: means the services and products other than air transport made available to the User by external companies with which New Livingston has entered into affiliation or similar agreements through the Website (including but not limited to, car rental services and insurance products) which can be purchased while booking flights on the Website or independently, in the case of a package holidays sold by affiliated tour operators or travel agents.

Contents of the Website”: means any textual content, software, script, graphic element, picture, audio content, musical, video, audiovisual combination, interactive function and other material, visible and/or accessible on the Website.

Hyperlinks”: means any hyperlink to other websites that are not owned or controlled by New Livingston contained in the Website.

Information on Privacy”: means the information on personal data processing by New Livingston, visible at the address www.livingstonair.it/en/Contatti/Privacy%20Policy.aspx.

New Livingston”: means New Livingston S.p.A., with registered office in Cardano al Campo (VA), Via Giovanni XXIII 26, fiscal code and V.A.T. number 03257830129.

Services”: means collectively the Ancillary Services and the Ancillary Services of Third Parties.

Terms for Website”: means the terms and conditions for access and use of the Website by the User, as modified from time to time by New Livingston.

User”: means any subject accessing the Website.

Website”: means the website www.livingstonair.it.

TERMS FOR WEBSITE

The use of the Website is exclusive responsibility of the User and is subject to the Terms for Website.

The Terms for Website apply to each User.

The mere consultation of any Contents of the Website does not create any contractual relationship between New Livingston and the User, without prejudice to the obligation of the latter to comply with the Terms for Website.

AMENDMENTS TO THE TERMS FOR WEBSITE

These Terms for Website are effective starting from 1 November 2012.

New Livingston reserves the right to make changes to the Terms for Website from time to time. The User must look at the Terms for Website on the Website periodically to check for such changes.

Should the User continue to access and use the Website after the publication of any change of the Terms for Website, such change shall be deemed as implicitly accepted.

CONTENTS

The Website includes only the pages published at any time by www.livingstonair.it.

New Livingston will use reasonable endeavors to avoid errors on the Website. In any case, New Livingston shall not be liable for any errors on the Website and/or otherwise relating to the Contents of the Website.

New Livingston reserves the exclusive right to update, modify or delete the Contents of the Website, as well as the right to restrict or prevent the relevant access. New Livingston may exercise such rights at any time and without prior notice.

The User acknowledges and agrees that New Livingston may stop providing the Services (permanently or temporarily) to itself or all the Users at its own discretion, without prior notice.

HYPERLINKS

The Website may include Hyperlinks.

The existence of Hyperlinks on the Website, unless expressly provided to the contrary, is for information purposes only and in no circumstances intends to suggest, invite or recommend the use of third parties websites. Hyperlinks do not represent any type of relationship among New Livingston and the private entities or companies owning the websites accessible through such links. New Livingston reserves the right to delete unilaterally and at any time the Hyperlinks appearing on the Website.

New Livingston has no control over, and assumes no responsibility for, the content, privacy policies, or conditions of any third party website accessible through the Hyperlinks.

The User is aware and agrees that New Livingston is not liable for the availability of any external websites or resources accessed through the Hyperlinks, and does not endorse any advertising, products or other materials on or available from such websites or resources.

The User acknowledges and agrees that New Livingston is not responsible for any loss or damage that the same may suffer as a result of the access to such websites or resources, or in connection with reliance on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources.

ANCILLARY SERVICES OF THIRD PARTIES

With reference to the Ancillary Services of Third Parties possibly purchased by the User, only the terms and conditions of the external companies providing such services will be valid and New Livingston shall not be liable should the external companies fail to provide such services.

In the event of cancellation or delay of a flight, New Livingston shall not be liable for the Ancillary Services of Third Parties possibly purchased by the User, even if such services have been booked considering the timely arrival of the flight. Any problems in connection thereto shall be exclusively addressed to the company providing such services.

USER’S OBLIGATIONS

The User undertakes to use the Website and Services in accordance with the applicable law and the Terms for Website, as well as the terms and conditions provided for any special services.

New Livingston authorizes the User to access and use the Website and Services at the following conditions. The User’s failure to adhere to any of these conditions shall constitute a breach of the Terms for Website by the User:

  • it is not allowed to use the Website and/or Services for illegal or criminals purposes, contrary to good faith, morals, public order, infringing the rules of intellectual property or any other rule of applicable legal system;
  • it is not allowed to introduce or spread data programs in the Website (viruses and harmful software) that may cause damage to the computer systems of New Livingston, its provider or third parties users of the internal network or the Website;
  • it is not allowed to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website and/or the Services and/or features that (a) prevent or restrict use or copying of the Contents of the Website and/or the Website, or (b) enforce limitations on use of the Contents of the Website and/or the Website;
  • it is not allowed to use or launch any automated system (including, but not limited to, robots, spiders or offline readers) that accesses the Website and/or the Services in a manner that sends more request messages to the New Livingston’s servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard web browser;
  • it is not allowed to alter or modify any part of the Website and/or the Services (including its related technologies);
  • it is not allowed to access to the Website and/or the Services through any technology and/or means other than those available on the Website;
  • it is not allowed to collect any personal information of other Users (including the related Accounts);
  • it is not allowed to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the Contents of the Website;
  • it is not allowed to make spamming activity on the Website and, more generally, to spread junk mail or unauthorized advertising materials, “spam mail”, “chain of San Antonio” or any other type of information, except for in special sections of the Website which may be enabled for such purposes;
  • it is not allowed to reproduce the data of the Website for commercial purposes. This includes the indication of New Livingston flight’s prices on another website or online server;
  • it is not allowed to make any unauthorized, false or fraudulent booking activities, in particular reservations paid by credit cards of third parties without their consent.

The User agrees to be solely responsible for (and that New Livingston has no liability against such person or to any third party for) any breach of the Terms for Website and for the consequences (including any loss or damage suffered by New Livingston) of this violation.

ACCOUNT

In order to access certain features of the Website and/or use certain Ancillary Services, it is necessary to create an Account.

When creating an Account, the User must provide accurate and complete information (including an email address to be used for future communications) and insert a password.

It is important to keep the Account’s password secure and confidential. The User must notify New Livingston immediately of any breach of security or unauthorized use of the Account that he becomes aware of. In this respect, New Livingston reserves the right to modify the name of the User and the password for safety reasons.

The User agrees to be the sole responsible (to New Livingston, and to others) for all the activities that occur under its Account.

NAVIGATION ON THE WEBSITE - DISCLAIMER OF WARRANTIES – LIMITATION OF LIABILITY

New Livingston will use reasonable endeavors to make navigating the Website as easy as possible.

The Website has been designed to support the following browsers: Google Chrome 10.0.648.204, Internet Explorer 8, Internet Explorer 9, Safari 5.0.4 and Firefox 4.0. In this respect, New Livingston shall not be liable for any kind of damage suffered by the User due to the use of other browsers or different versions of the browsers for which the Website has been designed.

New Livingston disclaims any and all responsibility for guaranteeing that access to the Website will be continuous and without errors. Furthermore, New Livingston disclaims any and all responsibility for guaranteeing that the Contents of the Website or software that may be accessed through the Website will be without errors and will not be able to cause damage to the computer from which the User accesses the Website. New Livingston entirely disclaims any responsibility for any and all losses, damages or prejudicial consequences of any type that may arise from the use or navigation of the Website, including, but not limited to, damages to computer systems or damages arising from the infection of a computer virus. In particular, New Livingston disclaims any and all responsibility for crashes, interruptions, failure or defects in telecommunications that may occur during operations of a financial nature, and further disclaims any and all damages or prejudicial consequences which may come about in these cases.

New Livingston disclaims any and all responsibility for damage that may occur to the User due to inappropriate use of the Website.

No conditions, warranties or other terms (including any implied terms concerning the satisfactory quality, fitness for purpose or conformance with the description) apply to the Website.

DATA PROTECTION

With the exception of the personal data provided by the User when creating an Account or in case of purchase of the Ancillary Services, New Livingston obtains and retains only the following information about the User:

  • the domain name of the provider (ISP) that gives access to the network;
  • the date and time of access to the Website;
  • the Internet address from which the User was linked to the Website;
  • the number of daily visitors to each section of the Website.

The information obtained is totally anonymous and in no circumstances can it be associated with a specific, identified User.

The Website uses a technology called “cookies”. Cookies are data files with very limited capacity that are generated on the User’s computer and which allow the following information to be obtained:

  • the date and time when the User last visited the Website;
  • the Contents of the Website design that the User chose during the first visit to the Website;
  • contact data that the User may have entered on previous visits;
  • security elements that are involved in controlling access to restricted areas.

The User has the option to block the creation of cookies by selecting the appropriate option on the browser.

The personal data of the User collected during the creation of the Account or the purchase of the Ancillary Services will be treated in accordance with the Information on Privacy.

INTELLECTUAL PROPERTY

All the Contents of the Website are either owned by or licensed to New Livingston, and are subject to copyright, trade mark rights and other intellectual property rights of New Livingston or New Livingston’s licensors.

The Contents of the Website may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed or otherwise exploited without the prior written consent of New Livingston or, where applicable, by New Livingston’s licensors. New Livingston and its licensors reserve all rights concerning the Contents of the Website.

GOVERNING LAW

The Terms for Website shall be governed and construed in accordance with the Italian law.

JURISDICTION

All disputes arising from or in connection with the Terms for Website shall be submitted to the exclusive jurisdiction of the Court of Busto Arsizio (VA), except for the compulsory territorial jurisdiction of the consumer.