Conditions of groups

Where the performance of the obligations under this Contract is frustrated or prevented by force majeure, including, but not limited to: (i) riots; (ii) strikes; (iii) lockouts; (iv) civil commotion; (v) the existence, fear or imminence of war between any nations; (vi) war; (vii) blockade, blockade, blockade, lockout, blockade, blockade, blockade, blockade, blockade, blockade or (v) existence, fear or imminence of war between any nations; (vi) war; (vii) blockade, embargo, and acts of Governmental Authorities including Civil Aviation Authorities; (viii) fire; (ix) flood; (x) fog; (xi) frost; (xii) ice; (xiii) storms; (xiv) epidemics; (xiv) epidemics; (xv) quarantine; or (xvi) any other similar cause which could not have been foreseen, or which foreseen would be unavoidable by either party and which constitutes an extraordinary cause, both Parties shall be relieved of all liability for any breach which they may incur under this contract.

Within the framework of the development of this AGREEMENT and in order to make possible its execution or the fulfilment of its correlative legal obligations, it is possible that the parties must mutually give access to personal data of those who, respectively, is acting as Data Controller in accordance with Regulation (EU) 2016/679 [GDPR], and other regulations in this matter entered into force, (for example, personal contact data of any of the parties, etc.). Data thus provided will be strictly necessary for the proper performance of the tasks that correspond to the party that receives them or compliance with their legal obligations. The receiving party may only use these to the extent is required to fulfil the AGREEMENT purposes, limiting access to the data to authorized personnel, duly trained and subject to the appropriate confidentiality obligations. In any case, the receiving party is obliged to inform its employees, collaborators and third parties about the scope, nature, purposes and context of the data process.

The legal basis for this data processing is the performance of this AGREEMENT, the fulfilment of the applicable legal obligations and the legitimate interest of each party.

Personal data will be processed during the term of the execution of this AGREEMENT or another one required for compliance with the legal obligations (tax, airport security, etc.) inherent therein.

After this processing, the data will be duly blocked during the statute of limitations related to a possible administrative or tax liabilities, as well as judicial proceedings that may arise from such liabilities or from the contractual relationship.

Both parties agree that they will process the respectively received data with due confidentiality and professional secrecy, always in accordance with the GDPR and state that they will both comply with them, as Data Controller, all the obligations derived from the regulations on data protection personal, particularly in relation to the adoption of physical, technical and organizational measures that are necessary for the processing to meet the requirements established in the applicable regulations and to guarantee the protection of the rights of the interested parties.

The parties undertake to cooperate with each other and to exchange information and documentation where appropriate to ensure compliance with data protection legislation with regard, for example, documentation of processing, data subjects rights, privacy impact assessments (PIA) or data breaches and audits.

The data received may be communicated to: a) those third parties whose intervention is or may be necessary in connection with the execution of this AGREEMENT (for example: Group companies, collaborators, etc.); b) the tax authority or another Public Administration that may require it in order to comply with the legal obligations of the Data Controller; and, c) to the competent judicial authorities.

In addition, the Data Controller may contract Data Processors for the development of the purposes for which data have been collected.

In order to comply with the legislation on data protection, the rest of the matters to be dealt with in this regard, will be gathered, if the parties deem it as necessary, in an Addendum or Annex to this AGREEMENT.

The data subjects may exercise their legal rights (access, portability, rectification, object, erasure, restriction of processing and right object to automated decision-making) by communicating with the appropriate party, as well as clearly expressing the right exercised. If it is not possible to identify them and, therefore, to process the exercise of their rights, they may be asked for additional supporting information.

When AIR EUROPA (GLOBALIA) acts as Data Controller, the data subjects may exercise their rights by contacting his Data Protection Officer by:

• Email: delegadopd@aireuropa.com

• Post: Ref. Data Protection, Carretera Arenal a Llucmajor, km 21,5, 07620 Llucmajor – Spain

In the case of XXXXX contacting ……

• Email: ……

• Post: …….

In any case, if the data subject considers that he/she is not satisfied with the answer given about his rights, he/she may submit a claim to the relevant Control Authority.

According to the Spanish law on Trade Secrets 1/2019 of February 20th/ applicable regulations on confidentiality and trade secrets, the Parties agree to protect, and ensure that any eligible dependents, if any, protect, the confidentiality of the contractual relationship between them. The Parties may be referred to as "Receiving Party" and "Disclosing Party" depending on the Party that receives and delivers the confidential information respectively. For these purposes, the expression " Disclosing Party " means the Party providing confidential information and "Receiving Party" means the Party to whom confidential information is provided or who receives confidential information.

Any information, whatever its nature (technical, commercial, financial, operational or otherwise), in any form or medium (whether verbal, written, recorded or otherwise), which may be provided by the Disclosing Party to the Receiving Party in connection with the subject matter of the Principal Agreement, shall be deemed "Confidential Information", including in this category information generated from the Confidential Information.

The Receiving Party undertakes to accept the Confidential Information in a framework of trust and not to provide it to any third party or use it for their own benefit without obtaining the prior written consent of the Disclosing Party. The Receiving Party also undertakes to:

• Process Confidential Information as strictly confidential;
• Keep the Confidential Information, whether written, recorded or in any other medium, separate from any other information that may be available to the Receiving Party;
• Use the Confidential Information exclusively for the purposes of this Contract
• Use procedures to control such use of Confidential Information. The Receiving Party shall not make a copy of the Confidential Information without the prior written consent of the Disclosing Party, except for such copies as may be required by the Receiving Party for internal study.
• Restrict access to Confidential Information only to those of your employees who need to know it for purposes of the Contract, and ensure that such employees are aware of their obligations under this document; and
• Not to provide Confidential Information to any third party without the prior written consent of the Disclosing Party, and to ensure that, if such authorisation has been obtained, such third-party signs a confidentiality agreement with the Disclosing Party in terms equivalent to those of this clause.

These confidentiality obligations set forth in the preceding paragraphs will yield to (i) any administrative or judicial requirement or other legal imperative to the contrary; (ii) the case that the Confidential Information is in the public domain; (iii) the case that it has been received from third parties without the obligation of confidentiality; (iv) the case that it has been developed independently by the Receiving Party; or (v) the event that its transmission has been previously consented and in writing by the Party from which the information comes.

The obligations established in this clause will remain in force even after the termination of the Principal Agreement, whatever its cause, until the prescription of the actions derived from the Principal Agreement.

The breach of confidentiality will allow the other party, the termination of the Principal Agreement, in addition, to demand the damages that have been caused.

For compliance issues, both parties declare having a Compliance Plan that includes an Anti-Corruption Policy based on UNE-ISO 37.001:2017, in order to effectively prevent criminal risks, complying with the Spanish Law in force and creating a culture of regulatory compliance in their respective organization. Both parties may mutually proceed to verify the scope of compliance, by visiting their facilities and auditing the aforementioned Plan.

If a non-conformity of the Compliance Plan is detected and highlighted, the parties will have a two-month settlement deadline. In the event that no appeal has been proved and has not been duly documented, that party shall be deemed to have failed to fulfil its compliance obligations.

If so, the party in compliance may terminate the contract without any liability, expense or cost, and without any obligation to continue in compliance. The non-compliance party must therefore bearing the responsibilities arising from the non-compliance and holding the party in compliance harmless from mentioned responsibilities.

AIR EUROPA undertakes to complying with the Ethic Code and anti-corruption Policy of Group Globalia to which the airline belongs.

This Contract will be governed and construed in accordance with the Laws of Spain. In the event of any discrepancies arising in relation to the Contract, the parties, with express waiver of any other jurisdiction that may correspond to them, will submit to the jurisdiction and authority of the Courts and Tribunals of the city of Madrid (Spain).