Mobile app Terms of use
General
The owner of this Mobile Application (“App”) is BLUE AIR AVIATION S.A., a joint-stock company with its headquarters at 42-44 București – Ploiești Road, Băneasa Business & Technology Park, Building A, Wing A1, 3rd and 4th Floor, District 1, Bucharest, Romania, registered with the Trade Registry Office under no. J40/5103/2013, VAT no. RO31525574, (“Blue Air”).
For the purpose of these Terms of Use, references to “you” and/or “your” refers to the persons accessing the App, including persons who have access to the App on behalf of other persons.
Our App can be downloaded to iPhones or Android mobile devices either from the App Store or from Google Play. We recommend that you only use the above-mentioned sources in order to download our App, to ensure that your App is legitimate and safe from malicious software.
By installing or using this App you agree to be legally bound by and act in accordance with these Terms of Use in consideration of the access provided. If you disagree with these Terms of Use, you are not permitted to and agree not to, use and access our mobile application.
This App is the official mobile application of Blue Air, made available to the public by Blue Air in order to enable the public to make reservations/payments/enter personal data online and to find out information about the products and services offered by Blue Air.
Blue Air shall sell Blue Air’s products and services through this App and through third-parties Apps. Price comparison mobile applications may apply to enter into a written Licence Agreement with Blue Air in order to access Blue Air’s products and services for the sole purpose of price comparison.
This mobile application provides links to Blue Air’s website. By using Blue Air’s website you agree to be legally bound by and act in accordance with the website Terms of Use.
Permitted use
You are not permitted to use this App other than for personal, non-commercial purposes.
Use of any automated system, algorithm or software to monitor, extract, search and/or copy any data (in whole or in part), directly or indirectly, from this App for commercial purposes (“screen scraping”) is strictly prohibited.
Similarly, use of any software, routine or device or taking any action to interfere or attempt to interfere in any way with the operation of this App, or creating an unreasonably large load on this App, or attempting to obtain or obtaining unauthorized access to any of Blue Air’s networks or accounts or attempting to obtain or obtaining unauthorized information about its users, whether or not this was done intentionally, is strictly prohibited.
Blue Air reserves its right to take such action as it considers necessary, including cancelling any bookings without notice, denying or blocking your access to our App or issuing legal proceedings without further notice, in relation to any unauthorised use of this App.
Intellectual property
All information, data and materials presented on the App, including, but not limited to, the underlying software code, data and database, names, logos, flight schedules, prices, etc., as well as the appearance, structure, colour scheme and layout of the App, are subject to copyright, trademark rights, database rights and/or other registered and unregistered intellectual property rights.
You may use such content only in accordance with these Terms of Use for personal, non-commercial purposes. Any other use and/or reproduction of such content, without the prior written consent of Blue Air, is strictly prohibited and shall constitute a breach of these Terms of Use and an infringement of Blue Air’s or its licensors’ intellectual property rights.
Personal data
Blue Air app stores and processes personal data that you have provided while booking Blue Air’s products and services. More details about the processing of personal data are available by visiting the Privacy Policy/Personal Data Protection Policy Section on Blue Air's website.
It’s your responsibility to keep your mobile device and access to the App secure. We, therefore, recommend that you do not remove software restrictions and limitations imposed by the official operating system of your mobile device, as it could make your mobile device vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and disrupt the functionality of our App.
Limited liability
To the maximum extent permitted by law, Blue Air shall not be liable for any direct, indirect, special, punitive or consequential losses and/or damages of whatsoever kind, arising from the use of this App or of any website to which this App provides a link, and/or from the use of the information presented on this App or any such website.
Certain functionalities of the App, such as the ability to download and store your mobile boarding pass offline or the live Flight Status function, shall require an active internet connection. Blue Air shall not be responsible for the App not working at full functionality if you don’t have access to an active internet connection.
Blue Air makes no warranty that your usage of the App will be uninterrupted, timely, secure or error-free. Moreover, Blue Air cannot take responsibility for the way you use the app.
While using the mobile boarding pass feature of the App, Blue Air staff or representatives may need to briefly handle your mobile device in order to scan your mobile boarding pass. While our staff and representatives shall take all reasonable efforts to make sure nothing happens to your mobile device, we cannot accept liability for any losses and/or damage arising out of such action, unless such loss and/or damage is caused by gross negligence and/or wilful misconduct of our staff/representatives.
It is your responsibility to ensure that your mobile device is charged particularly where it is used to download your mobile boarding pass, and Blue Air does not accept any responsibility if you are not denied boarding as a result of being unable to produce a valid boarding pass.
Software requirements
Blue Air is committed to ensuring that our App is as useful and efficient as possible. For that reason, we reserve the right to make changes to our App, withdraw our App and/or charge for its services, at any time and for any reason.
The App is currently available on Android OS and Apple iOS mobile devices. In order to use the App, you require the following software: Apple iOS mobile devices running iOS6 upwards, and Android OS mobile devices running Android OS4 upwards. In order to use the App, you must keep your mobile device operating system up to date. The requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the App. Blue Air does not guarantee that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your mobile device.
Blue Air may also wish to stop providing the App and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms of Use will end; (b) you must stop using the App, and (if needed) delete it from your device.
Applicable law and jurisdiction
These Terms of Use, your use of this App and any dispute or claim arising from or in connection with such matters shall be governed by and interpreted in accordance with Romanian law, and you agree to submit to the sole and exclusive jurisdiction of the Courts of Romania.
In the absolute and sole discretion of Blue Air, legal action may be brought by Blue Air against any party in breach of these Terms of Use, at its election, either in Romania or at the place of breach or the domicile of that party, and, if more than one party breached these Terms of Use, at the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.
Final provisions
Blue Air reserves the right to translate these Terms of Use into languages other than Romanian. In the event of any conflict or inconsistency between the translations, the Terms of Use in the Romanian language shall prevail.
Blue Air reserves the right to amend these Terms of Use at any time, without prior notice. Such modification shall be effective immediately, upon publishing the amended Terms of Use on the App and the linked website. The modification shall be deemed to be accepted by you if you continue to use the App.
For the avoidance of doubt, if you use the App to book Blue Air’s products and services, Blue Air’s Travel Conditions shall apply to such bookings.
