AENA CLUB CONTRACTING TERMS AND CONDITIONS

Aena Club is an Aena loyalty programme whose main purpose is to reward the loyalty of users who make frequent use of the services provided by Aena at airports (parking, VIP services, shops, etc.).

Identification

The Aena Club loyalty programme belongs to Aena S.M.E., S.A. (hereinafter “Aena”), the owner of the Spanish airport network. Aena has its own legal personality separate from that of the State, full legal capacity, the power to act for the fulfilment of its purposes and its own assets. Aena is registered in the Mercantile Register of Madrid, Volume 28806, Folio 211, Section 8, Page M-51864.

• Aena data:
• Address: Peonías, 12 28042 Madrid
• Tax ID number: A86212420
• Contact Telephone No.: (+34) 91 321 10 00

1. Purpose

This document establishes the Contracting Terms and Conditions that regulate the provision of Aena Club’s services, whose Platform offers its members access to a number of benefits and advantages by virtue of belonging to it.

To enjoy the discounts and deals provided by Aena Club, you must become a member of the Club by following the steps indicated in the channels provided for this purpose on the Platform, entailing express acceptance of these Contracting Terms and Conditions, which have the same validity as the express signing of a contract as a member of the Club. To become a member of Aena Club you must be of legal age and have sufficient capacity to assume the obligations resulting from your actions on the Platform and you must have previously read this document and understood its content.

2. Prior information

These Contracting Terms and Conditions are freely available to you on the Aena Club website. We reserve the right to amend them, so we recommend that, every time you use our services as a member of the Club, you access the document to read its contents before accepting them.

All the permanent benefits and one-off discounts and deals that we offer you as a member of Aena Club are outlined in detail on the Platform and are at your disposal (services that are not expressly indicated therein are not deemed to be included).

Mere browsing of the website or app does not entail your acceptance of these Terms and Conditions. This contract is formalised with your consent when you tick the box to accept Aena Club’s Terms and Conditions just before completing the steps determined by the Platform to enable you to register as an Aena Club member.

The appropriate and sufficient technical means will be introduced to identify and correct any potential technical errors detected in the management of the information.

You will be able to process the contracting procedure in the language you select from those included on the Platform and this contract will be formalised in the language that you have chosen.

3. Functioning of the Aena Club Service

Aena Club operates upon the basis of providing the collective of users who register as members of the Club with a wide range of benefits that they can enjoy:

Permanent benefits in the following services provided directly by Aena:

• Parking service:

  Parking of your vehicle at the airport’s parking facilities

  Payment of the parking service by mobile phone

  Activation of the number plate payment parking service

• VIP services:

  Access to the VIP Lounges

  Access to the Fast Track/Fast Lane

• Marketplace:

  Food to Fly

  Shop to Fly

• ENJOY AENA Loyalty Bank Card, in two formats:
  • ENJOY AENA Card
  • ENJOY PREMIUM Card
  
  

  The additional benefits that Aena offers you when you get the ENJOY Card will be activated after you have made your first three purchases. See them here

  The additional Vip Services access benefits offered by the card are accumulated in subscription mode. In addition, as a subscriber you will enjoy great discounts on Aena Services (Parking and Vip Services). These ENJOY card discounts cannot be accumulated with those from your subscription.

  If you cancel your card, the benefits linked to the mode prior to activating the card will be applied and the additional benefits associated with the ENJOY AENA Card will be deactivated.

• And other benefits displayed on the Aena Club website

One-off discounts and deals at airport shops and restaurants, car hire, etc., including discounts in addition to other benefits by virtue of being a member of the Club. In addition to all the exclusive benefits and deals provided by Aena’s partner companies to Aena Club members.

Users wishing to register as members of Aena Club in each of its categories must understand and accept these General Terms and Conditions. The service on offer has different categories:

• Free Mode (Basic Plan) by means of registration, providing the user with access to benefits on a permanent basis.
• Subscription Mode (PLUS Plan or VIP Plan): whereby a user who has previously registered free of charge can access a number of exclusive benefits for subscribers upon payment. The user is obliged to pay the price established for this category, including the applicable taxes, as appropriate, in accordance with the rates in force at any given time. Payment for access to the exclusive benefits in this category can be made by credit card.

3.1. Contracting Procedure

To become an Aena Club member you must be a natural person and register as a Member by completing the Aena Club member registration form beforehand, expressly accepting these Terms and Conditions.

As a member of Aena Club you will be entitled to the benefits provided by it for any of our services (Parking, VIP Services, Aena marketplace: Food to Fly, Shop to Fly, Aena Travel, etc.), provided that you identify yourself as a member by using Aena’s identification mechanisms.

Once you have registered as a member (Basic Plan), you will be able to subscribe to the paid service in accordance with the plan that you choose (PLUS Plan or VIP Plan), thus gaining access to all the exclusive benefits offered by each plan. To do so, you will need to purchase the subscription plan of your choice (we will ask you for the bank details required to enable you to pay the subscription). Once payment has been made, within a maximum period of 24 hours you will receive confirmation of the transaction from Aena Club at the email address you have indicated and your access to the Platform with all the above-mentioned benefits will begin automatically. From that moment onwards, you will be able to enjoy all the benefits and automatically renew the subscription on a quarterly basis by means of any of the different categories on offer.

Aena reserves the right to modify the subscription options, notifying registered members 15 days in advance. Users may cancel or modify their subscription by accessing their user profile.

Aena exempts itself from any liability in relation to the confidentiality and security of the information and data provided by the member upon payment of the subscription, insofar as the processing of said information and data is not under Aena’s exclusive control.

3.2 Liability as a member of Aena Club.

As a member of Aena Club you declare that you are over 18 years of age and that you have the legal capacity required to accept these Terms and Conditions. As a member you guarantee the authenticity and veracity of all the data that you have provided us with when filling in the registration form and, as appropriate, the subscription form. Similarly, you undertake to take responsibility for ensuring that all the information corresponds to your actual situation at any given time. As a member of the Club you have the option of modifying your data in your member registration area.

As a result of your registration, you undertake to make diligent use of and keep secret your password and/or membership number in order to access all the benefits provided by the Club. Consequently, you are responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords supplied to you by Aena and you undertake not to temporarily or permanently assign their use to third parties or allow third parties to access them. Each member will be responsible for the unlawful use of the services and products offered by the Club by any illegitimate third party which uses a password for this purpose as a result of the non-diligent use or loss thereof by the member.

As a member of the Club you can change your password whenever you deem it appropriate to do so.

3.3. Obligations of the parties

As a member of Aena Club you have the following obligations:

1. To respect the General Terms and Conditions of the Aena Club service contained in this contract.
2. To identify yourself as a member of the Club by means of an accrediting document in the event that your personal identification is required.
3. To immediately inform Aena of the theft, robbery or loss of the codes, passwords or membership number that are provided.
4. To immediately inform Aena of the modification of your email address by sending an email to clubcliente@aena.es.

Aena undertakes to:

1. To cancel codes, passwords and cards at the holder’s request, following the reporting of a theft, robbery and/or loss, and to replace them in accordance with the established procedures.
2. To keep the personal data provided as a member when subscribing to the service confidential. To assist members with any incidents, suggestions or complaints via the customer service phone number (+34) 91 321 10 00 or at the following address: clubcliente@aena.es.

4. Club loyalty programmes

You can ask to join other clubs to improve your service as a member of Aena Club. As a member you can link or unlink your membership to the Club.

5. Conditions of the services associated with Aena Club

If you are already an Aena Club member, you will be able to access other Aena portals with your Aena Club account without having to register again.

Both the permanent benefits and the one-off discounts and deals can be viewed at any time on the Aena Club website and on each associated service website.

You also have the option of Aena Club keeping you informed of all the exclusive deals and discounts, depending on the category of membership you have chosen, a service for which you will have to grant us your consent.

5.1 Benefits of the Services associated with the Club

Aena Club offers members the benefits of the following services associated with the Club for the duration of the subscription:

5.1.1 Permanent benefits in Aena’s own services:

Airport parking: discounts and promotions for stays associated with the number plate of the vehicle included in your profile. When you use the Parking service, the number plate details will be stored to establish the period of time during which you have used the parking services in order to bill them. If you have signed up for a subscription, once you have entered three number plates in your profile, you will be able to change just one of them (a total of four number plates for the duration of the subscription period). Furthermore, in order to apply the parking discounts, the entire stay must be within the valid subscription period.

VIP Services: discounts and promotions on access to the VIP Lounges, Fast Track and Fast Lane, whenever those services are active and capacity allows. If you have signed up for a subscription, the access is allowed for the subscription holder only, and identification as a member may be required. Accesses for travel companions acquired during the subscription period must be redeemed during the subscription period, in the company of the subscription holder.

Failure to comply with the above-mentioned conditions shall entitle Aena to revoke the benefits or cancel club membership.

5.1.2 One-off discounts and deals in airport shops and restaurants, car hire, etc. Including discounts in addition to other benefits for members of the club provided by third-party companies that partner Aena.

The above will depend on the specific agreements signed by Aena and the shops located at the airports. These deals will be announced on the Aena Club website and app and you can receive the offers in force at any given time by email, provided that you grant us your consent.

5.1.3 Mobile Payment Service You will be able to pay for your stay at our parking facilities on your mobile phone at airports where the service is available. This service is exclusively for club members.

5.1.4 The number plate payment service consists of the reading and identification of the vehicle’s number plate at the entrance and exit of the parking facilities, as a result of which it is not necessary to issue a ticket for entering and leaving them. Once you enter the parking facilities, the reader will recognise your registered number plate, which will be linked to the user with the number plate payment service that is activated, in such a way that the barrier will open automatically and you will be able to enter and park your vehicle. This service is only available for cars, as motorbikes are unable to manage your data due to the complexity of reading their number plates.

You can register for the number plate payment service in the user profile by using the Aena Club website and/or the official Aena app and your date can be managed via them. These channels will update the availability of this service at any given time. It is currently available at Alicante-Elche, Barcelona-El Prat Josep Tarradellas, Bilbao, Adolfo Suárez Madrid Barajas and Valencia.

In order to benefit from the number plate payment service it will be necessary to enter data relating to the vehicle and method of payment in each user’s profile. At least one number plate associated with a card must be entered, up to a maximum of three number plates. You can link a single card to different number plates, but it is not possible to use different cards for the same number plate. Only one of the three number plates entered within the subscription period can be modified in the subscription mode.

Moreover, if the same vehicle is used by different users, the whole process of entering the parking facilities, including the payment, will be associated with the profile that registers the number plate payment service for that vehicle, in other words, the number plate can only be associated with a single user.

It will be necessary to register for the number plate payment service before entering the parking facilities and activation of this service will not be valid once you have entered the parking facilities.

Upon leaving the parking facilities, the user will not have to go through any additional formalities, as the barrier will identify the vehicle associated with the number plate payment service and allow the user to leave the without a ticket. At that moment the amount will be charged to the chosen card corresponding to the stay.

5.1.5 Marketplace is a service provided by Aena via its Aena Travel, Food to Fly and Shop to Fly Platforms, on which you can book and purchase products sold at airports, both at catering outlets and in shops. As a member of Aena Club you can access the Platforms without having to register again and enjoy the discounts and deals that are available at any given time.

6. Duration of your membership of Aena Club

You will be able to be a member of Aena Club in the cost-free mode (Basic Plan) for an unlimited period of time, until you cancel your membership account.

The paid subscriptions (PLUS Plan and VIP Plan) to which you are entitled as a Club member have a quarterly duration, after which Aena Club will inform you that you are entitled to access the exclusive benefits until 00:00 hours (mainland time) on the same day of the following third month. However, your subscription will be automatically renewed for a new quarterly period unless you activate the option of not renewing your subscription in your Aena Club profile at least one day before the expiry date of each quarterly period, in which case the effective date of the cancellation will be the first day of the following month.

At the end of the paid subscription period without any automatic renewal you will be transferred to the Basic Plan.

To cancel your subscription you can exercise your right of withdrawal within the period of fourteen (14) days following the renewal of your subscription, provided that you have not made use of the benefits of the category subscribed to, via the link provided for the purpose in the personal area of your account.

7. Unsubscription from your membership of Aena Club

As a Club member you can cancel your membership account at any time and unsubscribe from your paid subscription via your profile in the “My account” section of the Aena Club web portal.

Cancellation of your membership account and unsubscription will result in the loss of all the rights relating to your use and benefits as a member of the Club.

Aena reserves the right to automatically cancel the Club membership account of any member and cancel any paid subscription if fraudulent or speculative acts or examples of bad faith are detected on the part of the member or the use of his/her account.

In the event of non-compliance with any of the obligations and conditions provided for in the current legislation or in the general terms and conditions of this document, Aena may cancel the account of the member who has generated the non-compliance and cancel his/her subscription.

As soon as your membership of Aena Club is terminated, all the services will cease to be available. However, you can re-register as a member at any time, but please bear in mind that, if you have cancelled your membership, you will not be able to access your previous booking details.

8. Restrictions to the Aena Club service

Aena reserves the right to deny your access as a member of the Aena Club at its discretion, at any time and without prior notice, in the event of any violation of these Terms and Conditions and the current legislation.

Aena Club reserves the right not to accept a new registration by a member in cases that contravene the provisions of these Terms and Conditions and/or the Platform’s Privacy Policy, as well as any additional conduct regulations that Aena Club may approve. Similarly, Aena may not accept such a registration in the event of a dispute or controversy that has yet to be resolved or one which has ended with acknowledgement of the User's blame or negligence and/or damage to Aena’s partners or associates or its users, customers or potential customers.

9. Use of the Platform

By virtue of accessing the Aena Club Platform you will be held liable for its proper use and your browsing, using the Services offered thereon for legitimate and lawful purposes. By way of example, without any limitation, the following uses are forbidden:

• (i) Use of the Platform or Services for any unlawful purposes;
• (ii) Use of the Platform with the aim of causing damage, inefficiencies, interruptions or similar defects in the functioning of the Platform or the electronic structures of the Aena Club or any third party;
• (iii) Use of the Platform to transmit malware, viruses or similar programmes or to publish or spread content of an offensive, racist, denigrating or pornographic nature that could cause discomfort to other persons;
• (iv) Use of the Platform to the detriment of Aena’s interests;
• (v) Registering on the Platform under a false identity;
• (vi) Use of the Platform for advertising purposes, such as sending spam, or in other similar ways;
• (vii) Any breach of the security measures established by Aena;
• (viii) Carrying out actions liable to overwhelm the programme, thus impairing the proper functioning of the Platform; and, in any case,
• (ix) Use of the Platform in an unlawful manner.

In the event of any of the situation listed in the previous section occurring, Aena, as the owner of the Aena Club, reserves the right to take the measures it deems appropriate.

10. Intellectual and Industrial Property Rights

Aena, as the owner of the Brand and the Aena Club Platform, grants the User a limited, non-transferable, revocable, non-sub-licensable and non-exclusive licence to access and use the Platform on the User’s personal device. Any rights not expressly granted are reserved by Aena as the owner of Aena Club.

The User or any third party will be restricted from carrying out the following actions:

• (i) reproducing, modifying and preparing derivative works and distributing, licensing or exploiting the Platform or the Services in any way when not expressly permitted to do so by Aena;
• (ii) decompiling or performing reverse engineering on the Platform;
• (iii) linking, mirroring or framing any part of the Services;
• (iv) deploying or launching any kind of programme to carry out any actions related to data mining or actions liable to damage the operability and functionality of the Platform; and
• (v) removing or modifying Aena’s copyright on its trademark, its Platform or its Services or any similar actions designed to alter the above.

In any event, the intellectual and industrial property rights to the Platform will remain the property of Aena. Use of the Platform and registration as a member of Aena Club or any of its subscriptions do not entail the transfer or granting of any rights:

• (i) in relation to the Services and Products being promoted, or
• (ii) using or mentioning company names, logos, product and service names, trademarks and other elements of a similar nature in any way, except in cases in which Aena expressly grants its permission to do so.

11. Payment of the subscription

In order to access either of the Subscription modes (PLUS Plan or VIP Plan), you must pay the amount determined by the chosen category, including the applicable taxes, as appropriate, in accordance with the rates in force at any given time.

The payment will be made by using the credit card that you have indicated at the moment of purchasing the subscription and will be effective when Aena Club informs you by email that you have the right to access the exclusive benefits of the category you have subscribed to. In the event that the transaction is not completed, it will be suspended and you will be informed accordingly. The subscription will thus be cancelled.

Aena Club paid subscriptions have a quarterly duration, from the moment at which you are informed of your right to access the exclusive benefits. They are automatically renewed for a new quarterly period upon payment of the price indicated for each kind of subscription, unless users inform Aena Club of their wish to cancel their subscription at least one day before the expiry date of each quarterly period, in which case the cancellation will take effect on the first day of the month following receipt of said notification.

12. Electronic contracting

In accordance with the provisions of article 23 of Law 34/2002 of 11 July on information society services and electronic commerce, contracts entered into by electronic means shall produce all the effects provided for by the legal system when consent is granted and any other requirements required for their validity are met.

In any event, the electronic medium containing these Terms and Conditions concluded by electronic means shall be admissible as documentary evidence in the event of a dispute between the parties.

For these purposes, the payment of the corresponding subscription, as well as the consecutive quarterly renewals, will be deemed to necessarily entail the provision of the consent required for the contracting thereof.

Similarly, in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all the information relating to the contracting procedure will be made available to Users prior to the start thereof, which will only be applicable in the event that the User decides to proceed to the contracting on the Platform.

13. Customer service

We have a Support Center at your disposal to deal with any queries, complaints and suggestions regarding the contracting of Aena Club services via the Platform.

The form of contact made available to Users is clubcliente@aena.es , as well as the phone number that appears in the different contact areas of each airport, to which we will reply as soon as possible.

14. Responsibilities

The parties undertake to comply with their legal and contractual obligations contained in these Terms and Conditions.

The parties will be held liable for the breaches they personally commit and will indemnify the other party for any error, blame or negligence not attributable to the latter, as well as for any damage resulting from such breaches or errors that are not attributable to the other contracting party.

Aena, as the owner of the brand and the Aena Club Platform, is configured as a provider of information society services, with the respective limitations of liability that the above entails.

Aena reserves the right to demand the corresponding liabilities for improper use of the Platform or failure to comply with the regulations set out in these general terms and conditions.

You will be held solely liable in the event that someone uses the Platform in a defective, partial or erroneous manner in your name or on your behalf by using your password or the security code provided by Aena for the service booked as a Club member. Aena reserves the right to cancel the access codes of users who misuse the above in accordance with these terms and conditions.

Aena cannot accept any liability for any interruption, inaccessibility or failure of any other kind that may occur during the operation of the system as a result of those that may occur in any telecommunications services or other ancillary services required for the operation of the system which are unrelated to the entity.

15. Confidentiality and data protection

In accordance with the provisions of the General Data Protection Regulation and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, all the personal data provided during use of the Platform will be processed in accordance with the provisions of the Aena Club Privacy Policy, which all Users must expressly accept in order to use the system and register in it as a member of the Club.

16. Amendments to these Terms and Conditions

Aena reserves the right to modify the conditions and warnings applicable to these General Terms and Conditions. Aena may modify these terms and conditions, informing its members thereof, a requirement that the parties expressly agree will be deemed to have been fulfilled following the publication of the variations on www.aena.es or through Aena Club Cliente or any other Aena communication channel.

If the user does not agree, he/she may cancel the booking in accordance with the provisions of the section on member unsubscriptions.

You will be deemed to have expressly accepted such modifications or updates if you make a new booking via the Platform. If accepted, the modification and entry into force of the new contract will fully replace the previous conditions and take effect for new bookings made following the date of acceptance of the new conditions.

17. Safeguard clause

All the clauses and the wording of these Terms and Conditions must be interpreted independently and autonomously and the other stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or a firm arbitration decision. The clause or clauses concerned will be replaced by one or more other clauses that preserve the intended effects of the Platform’s Terms and Conditions.

18. Applicable Law and Competent Jurisdiction

Acceptance of these General Terms and Conditions entails understanding of and agreement with the legal warnings expressed herein and, in particular, that disputes relating to them will be governed exclusively by Spanish law, with the Spanish Courts and Tribunals having exclusive jurisdiction.