I.- ACCESS AND USE
These General Terms and Conditions of Access and Use (hereinafter, "General Terms and Conditions") govern access to and use of this website (hereinafter, "the Website"), which can be accessed at the address www.portaventura.es and is owned by Port Aventura Entertainment, S.A.U. (hereinafter, "PAESA"). Access to and use of the Website by the user (hereinafter, "the User") is free of charge, and no prior subscription or registration is required to view it. This notwithstanding, in order to contract certain services or products through the Website, the User may be required to register in accordance with the terms and conditions set out below and to accept certain specific conditions that implement and supplement these General Terms and Conditions.
The details of the owner and manager of the Website are as follows:
Port Aventura Entertainment, S.A.U.
Avda. Alcalde Pere Molas, km.2
43480 Vila-seca/ Tarragona
Registro Mercantil de Tarragona, al tomo 2504 de Sociedades, folio 158, hoja T-40.500
E-mail address: email@example.com
Telephone: (+34) 977 779 000
Fax: (+34) 977 779 111
Access to and use of the Website shall be subject to and, therefore, governed by these General Terms and Conditions, without prejudice to any specific terms and conditions that may apply to certain services included in it.
To this end, you are hereby expressly informed that mere access to and use of the Website affords you the status of Website User and entails your full acceptance, without reservations, of all provisions of these General Terms and Conditions and, where applicable, of the specific terms and conditions, as published on the Website at the time of said access. Consequently, the User, at his or her own risk and liability, should read all terms and conditions carefully and in full each time he or she chooses to use the Website. The specific terms and conditions shall apply to certain products, services and content offered to Users through the Website, access to and/or use of which shall be subject to, and may, in some cases, replace, supplement and/or modify these General Terms and Conditions. If the User does not agree with the contents of these General Terms and Conditions, he or she must abstain from accessing and operating through the Website.
The User understands and accepts, simply by visiting the Website that the data and information that it contains are provided solely and exclusively as preliminary information for the User and that, at any given time, they may contain errors or inaccuracies or be out of date.
PAESA reserves the right to modify and update the information contained on the Website, its layout and display, as well as these General Terms and Conditions or any specific terms and conditions that may apply, at any time, at its discretion and without prior notice, and the User shall be liable for duly reading the said terms and conditions at the time of each access and/or use.
The User represents that he or she is of legal age, in accordance with his or her national law, and has the necessary legal capacity to be bound by these General Terms and Conditions, as well as to use and, where applicable, contract products or services through the Website, in accordance with any specific terms and conditions that may apply. The User moreover represents that he or she is aware of, understands and accepts all such terms and conditions in their entirety. The Website contains certain free applications especially intended for child entertainment, all of which are free of charge. Access to and use of these applications by minors must be supervised and overseen at all times by the User, who expressly acknowledges that he or she is solely and exclusively responsible for such access and use by the said parties. The games offered on the Website are intended to contribute to the mental development of children and teenagers on the understanding that they contain no messages contrary to the law and do not encourage violence, criminal activities or any form of discrimination, do not include adult content and do not encourage players to purchase PAESA services or products. This notwithstanding, PAESA recommends avoiding prolonged exposure to the same. The User shall hold PAESA harmless for any failure to comply with the aforementioned recommendations.
This Website was developed for end clients and, therefore, the services accessible through it are not intended for wholesalers, retailers or any type of broker, whether from the leisure, tourism or any other sector. Consequently, the User acknowledges and accepts that the Website is intended, solely and exclusively, for his or her personal use. He or she moreover represents that any products or services purchased or contracted through the Website shall be for private use or consumption and he or she shall be liable for access to and use or consumption of any products or services offered on the Website by third parties who access, use or contract same in his or her name. To this end, the User expressly accepts, without reservations, that access to and use of the Website or its services shall be carried out at his or her sole and exclusive risk and liability.
The User confirms that all information that he or she provides whilst using the Website is true, complete and accurate. The User undertakes to use the Website in accordance with current law, with the provisions of these General Terms and Conditions and of any specific terms and conditions that may apply, and with moral standards, generally accepted good practice and public order. The User further undertakes not to use the Website for any purposes or ends that are illicit, that are contrary to these General Terms and Conditions and/or any specific terms and conditions that may apply, that may harm the rights and interests of PAESA or third parties, or that may in any other way harm, render useless, overload or deteriorate the Website, preventing other users from making normal use of same.
PAESA reserves the right to deny or withdraw access to and/or use of its Website at any time and without prior notice in relation to those registered Users who breach these General Terms and Conditions and/or any specific terms and conditions that may apply.
II. WARRANTIES REGARDING USE OF THE WEBSITE
PAESA does not warrant the availability or operational continuity of the Website or the products, services and content offered on it, nor does it warrant that the content currently contained on its Website is free of errors or up to date, and it shall not be liable for any damage caused as a result of such circumstances. As soon as it becomes aware of any errors, interruptions in service or outdated content, PAESA shall carry out all necessary tasks to remedy the said errors, re-establish communication and/or update the said content, providing circumstances do not prevent or hinder the execution thereof.
Likewise, PAESA does not warrant the technical reliability of its Website, access to the different pages thereof or the reliability of any content provided through the Website by third parties, and it shall not be liable for any damage caused due to the lack of certainty, truthfulness, availability, continuity, lawfulness or currentness of the said content or to the nature thereof.
PAESA hereby represents and warrants that its Website is equipped with the technology (software and hardware) required to date for access and/or use of same. Notwithstanding the foregoing, PAESA does not warrant the absence of viruses or other harmful technology that may be placed on the Website by third parties and could cause alterations in the User's computer systems. PAESA further represents that its Website was designed, created and implemented by third parties at PAESA's request and that it is equipped with appropriate security systems in keeping with available technology.
III. SERVICES OFFERED BY PortAventura THROUGH THE WEBSITE
A) CLUB PortAventura
To acquire the status of "Club PortAventura member" (hereinafter, "Member"), the User must purchase an annual pass to PortAventura Park at the Club PortAventura Office located at the entrance to the park and complete the corresponding application form with his or her personal data.
Minors must be registered as Members by their legal representatives, who shall be responsible and liable for providing any personal data about the minor that may be required to process the application.
Annual passes issued by PAESA shall be valid for one year as of the date of issue.
The price of the annual pass will depend on the age of the User requesting it. Annual pass prices shall be as published on the Website at any given time, except in case of spelling error or type error, and PAESA reserves the right to modify, at its discretion, the terms and conditions for Member applications and registration.
Once the pass has been delivered to the Partner as pri¡ovided in the preceding paragraphs, the full right to enjoy the benefits that every momento brings the membership. Member status shall be lost when a party ceases to be the titleholder of an annual pass to PortAventura Park. Users' rights and obligations in their capacity as Members are subject to these General Terms and Conditions, in so far as they may apply, as well as to the PortAventura Rules and Regulations, which can be requested by the following means:
Telf.: [ 902 20 22 20 ]
e-mail: [ firstname.lastname@example.org]
B) JOB VACANCIES
PAESA may, whenever it deems appropriate, offer information about job offers on the Website. Should the User be interested in any of the published job offers, he or she may send his or her curriculum vitae and a recent photograph to the following address:
Port Aventura Entertainment, S.A.U.
Human Resources Dept.
Avda. Alcalde Pere Molas, km.2
43480 Vila-seca/ Tarragona (Apt. 90)
Fax: 977 77 90 97
Likewise, the User may complete the online job application form available on the Website, where he or she will be asked to provide certain personal data. These personal data shall be subject to the rights and guarantees set forth in Clause IV below.
PAESA reserves the right not to accept or process incomplete applications. The personal data provided on incomplete applications will not be included in the PAESA Job Candidate Database, nor will they be filed, stored or processed in any way.
PAESA hereby states that the job offers contained on the Website are published solely for the purpose of informing any interested parties. Therefore, neither the job offers published on the Website nor the submission of an application by the User constitute any type of professional commitment or relationship whatsoever, whether pre-contractual or contractual, between PAESA and the applicant User. Moreover, any job offers published by PAESA on the Website may be removed at its discretion, either because the offered post or position has been filled or simply because the offer has been withdrawn.
The User hereby represents, at his or her own risk and liability, that all information that he or she provides on the job application form is true, complete and accurate and refers to the applicant him or herself.
C) INFORMATION ON THE HOTEL OFFER AND BOOKING OF HOLIDAY PACKAGES
The Website contains information on booking PortAventura Holiday Packages.
The User may use this Website to book Holiday Packages. To this end, Users are hereby informed that, solely for the purposes of these General Terms and Conditions and of any specific terms and conditions that may apply, "Holiday Packages" shall be understood to mean:
• A stay at any PortAventura Hotel.
• Plus access to PortAventura Park as many times as one wishes throughout the stay.
• The clients staying in Hotel PortAventura, Hotel El Paso, Hotel Caribe and Hotel Gold River have special access to Costa Caribe Aquatic Park. Consult the terms described for each hotel in the Programme. Note that any such visit shall be made in accordance with the dates and hours open to the public thereof, as well as room availability. No claim can be made for any amount due to restriction of access resulting from maximum capacity limitations.
Users are further informed that access to PortAventura Park and to Costa Caribe Aquatic Park is subject to the said facilities being open and to the availability. Moreover, on those days when PortAventura Park and/or Costa Caribe Aquatic Park is/are completely or partially closed to the public, for the purpose of these Specific Terms and Conditions, "Holiday Packages" shall be understood to mean solely the stay at a PortAventura hotel and, where applicable, access to the park or area or areas thereof that are open.
Holiday Packages booked through the Website are expressly subject to the specific terms and conditions governing the booking of Holiday Packages established for this purpose, without detriment to the provisions of these General Terms and Conditions.
The personal data provided by the User shall be subject to the rights and guarantees set out in Clause IV below. The prices shall be as published on the PAESA Website at any given time in accordance with the dates and other specific circumstances of each booking, except in case of spelling error or typo, and PAESA reserves the right to modify the specific terms and conditions governing online booking requests.
Users' rights and obligations, both whilst booking Holiday Packages and once the booking has been processed, are likewise subject to these General Terms and Conditions and to the relevant specific terms and conditions, as well as to the PortAventura Park and Costa Caribe Aquatic Park Rules and Regulations, which are available at PortAventura Park and Costa Caribe Aquatic Park Guest Service offices, and to any other rules or regulations in force at the Hotels, which can be obtained at the reception desks thereof. This information can be provided to the User by request by the following means:
Tel. No.: [ 902 20 22 20 from Spain or +34 977 77 90 90 from overseas]
e-mail: [ email@example.com]
D) TICKET SALES
The User may use the Website to purchase tickets to PortAventura Park and to Costa Caribe Aquatic Park. The types of tickets available for purchase shall be as shown on the Website at any given time. The purchase of tickets to PortAventura Park and to Costa Caribe Aquatic Park through the Website is expressly subject to the specific terms and conditions governing the purchase of said tickets established for this purpose, without prejudice to the provisions of these General Terms and Conditions.
The personal data provided by the User shall be subject to the rights and guarantees set forth in Clause IV below. The ticket prices shall be as published on the PAESA Website at any given time in accordance with the dates and other specific circumstances of each ticket, except in case of spelling error or typo, and PAESA reserves the right to modify the specific terms and conditions governing online purchases.
Users' rights and obligations, both whilst purchasing the tickets and once the purchase has been processed, are subject to the provisions of these General Terms and Conditions and to the relevant specific terms and conditions, as well as to the PortAventura Park and Costa Caribe Aquatic Park Rules and Regulations, which are available at the PortAventura Park and Costa Caribe Aquatic Park Guest Service offices. This information can be provided to the User by request.
IV.- PERSONAL DATA
Pursuant to the terms of the Spanish Personal Data Protection Act (Organic Law 15/1999 of 13 December), PAESA hereby informs you that the personal data collected on the different forms on the Website may be included in files owned by PAESA for the purposes specified in each case and for each product or service. PAESA will inform you of the purposes and use to which the collected data will be put on each form, as well as of the required or optional nature of providing the said data and the consequences of refusing to do so. PAESA will likewise inform the User of his or her rights in relation to any data provided and, in general, of any legal references required under applicable data protection law, which the User must expressly accept.
The User warrants and shall at all times be liable for the certainty, truthfulness, accuracy, current nature and authenticity of the personal data that he or she provides and undertakes to keep them duly up to date.
PAESA warrants that it has taken the appropriate organisational and technical security measures with regards to its facilities, systems and files, pursuant to the terms of Royal Decree 1720/2007 of 21 December, which approves the Security Measures Applicable to Automated Personal Databases, and to all other implementing regulations. Notwithstanding the foregoing, PAESA may disclose to the relevant public authorities personal data and any other information that it may have obtained through its computer systems and that it is asked to provide pursuant to applicable regulatory and legal provisions.
The User authorises PAESA to place pieces of data (hereinafter, "Cookies") on his or her computer's hard drive once he or she has accessed the Website. These Cookies are used to gather information about Users' visits, thereby enabling analysis of the traffic they generate. PAESA can thus obtain additional information about the characteristics of the Users who visit the Website, thereby allowing it to provide customised services and to improve the content of its Website to the benefit of the User.
The User may disable the Website's personalisation system at any time. Most browsers accept Cookies automatically; however, the User can change his or her browser settings to delete them, without prejudice to his or her ability to continue using most of the services offered on the Website.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
PortAventura either owns or has been authorised to use all the content on the Website (including, but not limited to, databases, images, drawings, graphics, text files, audio files, video files and software) and this content is protected under national and international intellectual and industrial property law. PAESA moreover either owns or has been authorised to use the compilation (understood as the compilation, organisation and assembly) of all the Website's content and the said compilation is likewise protected under national and international intellectual and industrial property law.
PAESA owns or has been authorised to use all software involved in the use and development of the Website, and the said software is protected under international and national intellectual and industrial property law.
PortAventura and its trademarks are registered trademarks of PAESA. The names of other products, services and companies appearing herein or on the Website may be registered trademarks of their respective owners.
Any other use of the content of the Website or of its design, layout or display, including, but not limited to, the reproduction, modification, distribution, sale, transmission, subsequent publication, display or total or partial representation thereof, whether for commercial or merely informational purposes, is strictly prohibited.
It is PAESA policy not to accept creative materials, ideas or suggestions except where expressly requested so as to avoid confusion in case of similarities between ideas submitted by Users and ideas developed by PAESA. Therefore, we kindly request that you not submit any type of original material or idea. Any communication made to this end shall not be treated confidentially and may be used by PAESA for any purpose, including, but not limited to, the reproduction, modification, distribution, sale, transmission, subsequent publication, display or total or partial representation thereof.
VI. LINKS TO OTHER WEBSITES
The Website may offer Users technological linking mechanisms, including, but not limited to, hypertext links, banners, buttons, directories and any other search tools that allow the User to access websites other than the Website, including third-party websites (hereinafter, "links"). The installation of these links is intended solely to provide Users with access to information offered by third parties. In particular, PAESA hereby informs the User of the existence on the Website of a link to the Forfait Flash (CLUB CE EVASIÓN, S.L.) booking page, where Holiday Packages including PortAventura products can be booked.
The said links do not entail control over or acceptance and/or approval by PAESA of the content or services offered through the links to the User. Therefore, the User must take the appropriate precautions when evaluating and using the said links, and PAESA shall not be liable for the information, data, files, products, services and any other type of material contained on the pages that can be accessed through them.
The inclusion of links of any kind to other websites does not mean that PAESA promotes, supports, warrants or recommends the said sites. The links or connections included on PAESA's Website are offered solely for informational purposes and do not entail any assessment whatsoever regarding the content, ownership or services and/or products offered on the websites accessed through them.
VII. LINKS TO THE WEBSITE
No link, as defined in the foregoing clause, established between any website and the Website shall entail, solely through its existence, any legal relationship whatsoever between the Website and the website containing the said link or knowledge and acceptance by PAESA of the existence and content thereof.
PAESA neither warrants nor assumes any liability whatsoever for any damage caused as a result of the use of the services and content offered on a website containing a link to the Website.
VIII. LIMITATIONS ON LIABILITY
This Website was developed in good faith by PAESA with information taken from internal and external sources and it is offered to Users as is and may contain inaccuracies or typos.
PAESA makes no representations or warranties of any kind, whether explicit or implicit, regarding the Website's operation or the information, content, software, materials or products that it contains or on which it runs. To the extent allowed under applicable law, PAESA shall be exempt from any liability, whether explicit or implicit. PAESA shall not be liable for any damage caused as a result of using this Website, including, but not limited to, damage of any kind caused directly or indirectly and, in particular, damage resulting from the interruption of service by the Website or from its continuity.
Likewise, PAESA shall not be liable for any security flaws or weaknesses due to use by the User of an outdated or insecure version of a browser or to the enabling of password or User ID storage mechanisms in the browser, nor shall it be liable for any damage, errors or inaccuracies arising as a result of the malfunctioning thereof.
The User shall be liable for any damage caused to PAESA as a direct or indirect consequence of breach by the User of these General Terms and Conditions and, in particular, of the specific terms and conditions.
IX. INVALIDITY AND UNENFORCEABILITY OF THE CLAUSES
Should any clause of these General Terms and Conditions be declared entirely or partially invalid or unenforceable, said invalidity or unenforceability shall affect only the specific provision or portion thereof so declared, and all other parts of these General Terms and Conditions shall remain in force. The affected provision or portion thereof shall be understood as no longer included, except where, due to its essential nature in relation to these General Terms and Conditions, such an understanding would affect the entirety hereof.
X. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions, as well as the specific terms and conditions and any relationships that may arise between the User and PAESA as a result of access to and use of the Website, shall be interpreted in accordance with and governed by Spanish law.
Both parties agree to submit any dispute that may arise as a result of the existence of, access to, use or content of the General Terms and Conditions or specific terms and conditions to the exclusive jurisdiction of the courts of the city of Tarragona, expressly waiving any other jurisdiction to which they may be entitled.