GENERAL TERMS AND CONDITIONS OF ACCESS AND USE
1. REGULATION, OWNERSHIP AND ACCESS
1.1. These General Terms and Conditions of Access and Use (hereinafter, “General Terms and Conditions”) regulate access to and use of this Website, without detriment to the Specific Terms and Conditions for the Reservation of Tourism Packages (hereinafter, “Specific Terms and Conditions”) that may apply to certain services or products included herein.
You are hereby expressly informed that mere access to and use of this Website affords you the status of User hereof and entails your full acceptance, without reserves, of the entirety of the contents of these General Terms and Conditions and, where applicable, of the Specific Terms and Conditions. Consequently, the User, at his or her own risk and liability, should read the entirety of the General Terms and Conditions and Specific Terms and Conditions carefully each time s/he wishes to use the Website.
By means of this Website, Users are offered certain products, services and contents, access to and/or use of which are subject to the Specific Terms and Conditions, which, where applicable, may replace, supplement and/or expand on the General Terms and Conditions.
If the User does not agree with the contents of these General Terms and Conditions and/or the Specific Terms and Conditions, s/he should abstain from entering the Website and operating through it.
1.2. This Website is the property of Port Aventura, S.A. (hereinafter, “PASA”). The details of the owner and administrator of the Website are as stated below:
Port Aventura, S.A.
Avda. Alcalde Pere Molas, km. 2
43480 Vila-seca (Tarragona)
Registered in the Tarragona Companies Registry, volume 1216, folio 74, page T-13239
Tax ID No.: A-58-612904
E-mail address: amigos@portaventura.es
Telephone: (+34) 977 779 000
Fax: (+34) 977 779 111
1.3. This Website can be accessed at www.portaventura.es and may be used by Users free of charge without any need for the visualisation thereof, prior subscription or registration of any kind. This notwithstanding, to contract certain services or products Users may be required to register on the Website pursuant to these General Terms and Conditions, as well as to the Specific Terms and Conditions.
PASA reserves the right to deny or revoke access to and/or use of its Website, at any time and without the need for prior notice, to or from Users who breach these General Terms and Conditions and/or the Specific Terms and Conditions, where applicable.
2. INFORMATION AND CONTENTS
This Website offers information about PortAventura, as well as about certain services offered thereby. From hereon, and for the purposes of these General Terms and Conditions, “PortAventura” will be understood to mean the set of facilities managed and operated by PASA, which currently comprises PortAventura Park, Caribe Aquatic Park, and the PortAventura and El Paso hotels.
PASA reserves the right to modify and update the data and information contained on the Website, its setup and display, as well as these General Terms and Conditions and/or the Specific Terms and Conditions, at any time, at its discretion and without any need for prior notice, and the User shall be liable for reading the said Conditions thoroughly at each access and/or use.
The User acknowledges, understands and accepts, by the mere act of visiting the Website, that the data and information it contains are shown solely and exclusively for informational purposes, as information of a preliminary nature available for perusal by the User and which, at any given time, may contain errors or inaccuracies or not be fully up to date.
3. THE USER
3.1. The User affirms that s/he is of legal age, in accordance with his or her national law, and that s/he has the legal capacity required to be bound by these General Terms and Conditions, as well as to use and, where applicable, contract products or services through the Website, pursuant to the Specific Terms and Conditions that may apply. With regard to all such Conditions, the User states that s/he is aware of them, understands them and accepts them in their entirety.
The Website contains certain applications especially intended for the entertainment of children, all of which are free of charge. Access to and use of such applications by minors must be supervised and overseen at all times by the User, who expressly recognises his or her sole and exclusive liability for the use thereof by such parties.
The User states that all of the information supplied while using the Website is certain, true, complete and accurate.
3.2. The User undertakes to use the Website pursuant to current law, as provided in these General Terms and Conditions and in the Specific Terms and Conditions, where applicable, as well as in accordance with generally accepted moral standards and good practices and public order. The User will abstain from using the Website for any purposes or ends that are illicit, 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 PASA or third parties, or that may harm, render useless, overload or deteriorate the Website, impeding the normal use thereof by other Users.
This Website has been developed for end-clients, and, therefore, the services accessible through it are not intended for wholesalers, retailers or any manner of intermediary, whether from the leisure, tourism or any other sector. Consequently, the User recognises and accepts that the Website is intended, solely and exclusively, for personal use and moreover states that the products or services purchased or contracted through the Website will be for personal use or his or her own consumption, s/he being liable for any access to or utilisation, use or consumption of the products or services offered on the Website by third parties who access, operate or contract in his or her name. To this end, the User accepts, expressly and without reserves, that access to and use of the Website and of its services will be carried out at his or her sole and exclusive risk and liability.
3.3. The User will be liable for any damages of any kind suffered by PASA as a direct or indirect result of breach by the User of these General Terms and Conditions and/or of the Specific Terms and Conditions.
4. SERVICES OFFERED BY PASA THROUGH THE WEBSITE
A) CLUB PORTAVENTURA
To acquire the status of “Member of Club PortAventura” (hereinafter, “Member”), the User must purchase an annual pass to PortAventura Park at the Club PortAventura Office at the entrance to the Park and provide his or her personal data on the corresponding membership application.
Minors may be registered as Members by their legal representative, who will be responsible and liable for providing such personal data of the minor as may be required in order to process the application in question.
Annual passes issued by PASA will be valid for a term of one year as of the issue date.
The price of the annual pass will depend on the age of the User who requests it. Annual pass prices will be those appearing on the Website at all times, except in case of spelling errors or typos, and PASA reserves the right to modify, at its discretion, the terms and conditions for applying to become and registering as a Member.
Once the Member pass has been delivered pursuant to the terms and conditions of the foregoing paragraphs, the said Member will be fully entitled to all membership benefits in force at any given time.
Member status will be revoked should a User cease to be the titleholder of an annual pass to the Park.
The rights and obligations of Users in their capacity as Members are subject to these General Terms and Conditions, insofar as they may apply, as well as to the PortAventura Rules and Regulations, which may be requested by any of the following means:
Tel.: [ 977 77 90 90 ]
Fax: [ 977 77 90 82 ]
E-mail: [ amigos@portaventura.es ]
B) JOB VACANCIES
PASA may, whenever it deems appropriate, offer information concerning job offers on the Website. Should the User be interested in any of the job offers posted, s/he may send his or her curriculum vitae and a recent photograph to the following address:
Port Aventura, S.A.
Dpto. Recursos Humanos
Avda. Alcalde Pere Molas, km.2
43480 Vila-seca/Tarragona (Apt. 90)
Fax: 977 77 90 97
E-mail: recursos.humanos@portaventura.es
Likewise, the User may fill out the online job application available on the Website, where s/he will be asked to provide certain personal data. These personal data will be subject to the rights and guarantees set out in Section 5 of these General Terms and Conditions.
PASA reserves the right not to accept or process incomplete applications. The personal data provided in incomplete applications will not be included in the PASA Job Candidate Database, nor will they be filed, stored or processed in any way.
PASA hereby informs you that the job offers included on the Website are solely intended to inform anyone who may be interested in them. Therefore, neither the job offers made available on the Website nor the submission of applications by Users represent any commitment or employment relationship whatsoever, whether pre-contractual or contractual, between PASA and the applicant User. Moreover, the job offers supplied by PASA through the Website may be removed at its discretion, either because the offered job or position has been filled or simply because the offer itself has been withdrawn.
The User hereby recognises, at his or her own risk and liability, that all information supplied by him or her on the job application form is certain, true, complete and accurate and refers to the applicant him or herself.
C) RESERVATION OF TOURISM PACKAGES
The User may use this Website to reserve PortAventura Tourism Packages.
To this end, you are hereby informed that, solely for the purposes of these General Terms and Conditions and any Specific Terms and Conditions that may apply, “Tourism Packages” is understood to mean:
• Stays at either of the PortAventura hotels (Hotel PortAventura or Hotel El Paso).
• Plus access to PortAventura Park as often as you wish throughout the said stay.
• Plus one day of access to Caribe Aquatic Park, the specific date of which will be determined by PASA.
You are further hereby informed that access to PortAventura Park and to Caribe Aquatic Park is subject to the said parks being open and to availability. Moreover, on those days when PortAventura and/or Caribe Aquatic Park are totally or partially closed to the public, “Tourism Packages” will, for the purposes of these General Terms and Conditions, be understood to mean solely the stay at one of the PortAventura hotels and, where applicable, access to the area that is open.
Reservations of Tourism Packages made through the Website are expressly subject to the Specific Terms and Conditions for the Reservation of Tourism Packages established to this end, without detriment to provisions of these General Terms and Conditions.
All personal data supplied by the User will be subject to the rights and guarantees set out in Section 5 of these General Terms and Conditions.
The prices will be those appearing on the PASA Website at any given time in light of the dates and other specific circumstances of each reservation, except in case of spelling error or typo, and PASA reserves the right to change the Specific Terms and Conditions related to the online reservation request.
The rights and obligations of Users, both while purchasing a Tourism Package and once the purchase has been completed, are likewise subject to these General Terms and Conditions and to the Specific Terms and Conditions insofar as they may apply, as well as to the PortAventura Park/Caribe Aquatic Park Rules and Regulations.
5. PERSONAL DATA
In order to grant access to certain services and/or products offered on the Website, PASA may gather personal data from the User for the reasons specified in each case and for each product or service. The user will be told whether the provision of the requested data is required or optional and the consequences of providing or refusing to provide them.
PASA hereby informs the User, pursuant to the terms of Organic Law 15/1999, of 13th December, on Personal Data Protection (hereinafter, “LOPD”), and its implementing regulations, that it will incorporate his or her personal data in a database owned by PASA for the purposes of economic and accounting management, customer management, collection and payment management, publicity and commercial forecasting, e-commerce, customer loyalty programs and the reservation and issue of tickets. Additionally, we inform the User of his or her rights to access, correct, cancel and oppose the use of his or her personal data by Internet or post using the following addresses and subject the terms of the LOPD: amigos@portaventura.es or PORT AVENTURA, S.A., Av. Alcalde Pere Molas, km.2, 43480, Vila-seca (Tarragona). The aforementioned data are required in order to obtain goods and services from PASA.
For the purposes of the provisions of Article 11 of the LOPD, Users expressly provide their authorisation for their data to be processed and, where applicable, communicated to the company PORT AVENTURA VIAJES, S.A., with registered office at Avda. Pere Molas, km. 2, 43480, Vila-seca (Tarragona), for the aforementioned purposes. By accepting this clause, the User is considered to have been informed of the provisions of Article 27 of the LOPD, regarding the first transfer of data. The clients state that the data contained in this document are accurate and true.
The User guarantees and at all times will be liable for the certainty, truthfulness, accuracy, validity and authenticity of the personal data provided and undertakes to ensure that they are kept duly up to date.
PASA guarantees that it has taken the relevant technical and organisational measures to ensure the security of its installations, systems and files, pursuant to the terms of Royal Decree 994/1999, of 11th June, which approves the Security Measures Applicable to Automated Personal Data Files, and to other implementing regulations. Notwithstanding the foregoing, PASA may disclose to the relevant authorities such personal data and additional information as may be stored in its IT systems and as it may be asked to provide pursuant to the legal and regulatory provisions applicable in each case.
The User authorises PASA to place data fragments on his or her hard drive once s/he has entered the Website (hereinafter, “Cookies”). These Cookies are placed for the purpose of providing information on Users’ visits, thereby enabling analysis of the traffic flow generated by them. In this way, they allow PASA to obtain additional information about the characteristics of the Users who visit the Website, and thus to offer personalised services, as well as to enhance the contents of its Website to the benefit of the User.
The User may, at any time, disable the Website’s personalisation system. The majority of browsers allow the use of Cookies automatically; however, the User can change his or her browser settings to eliminate them, without detriment to his or her ability to continue to use most of the services offered on the Website.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
PASA either owns or has been authorised to use all of the Website’s contents (including, but not limited to, databases, images, drawings, graphics, text, audio and video files and software), and all contents are protected under national and international intellectual and industrial property law. Additionally, compilation of the Website by Users is prohibited.
Any other use of the contents of the Website, as well as of its design, layout and display, is expressly prohibited, including, by way of example but not limited to, the reproduction, modification, distribution, sale, transfer, subsequent publication, display or total or partial representation thereof, whether for commercial or merely informational purposes.
It is PASA’s policy not to accept materials, ideas or suggestions of a creative nature unless expressly so requested in order to avoid any confusion in case of similarities between ideas sent by Users and ideas developed by PASA. Consequently, we kindly request that Users not send us any type of original material or idea. Any such communication made will not be treated confidentially and may be used by PASA for any purpose, including, but not limited to, the reproduction, modification, distribution, sale, transfer, subsequent publication, display or total or partial representation thereof.
PortAventura is a registered trademark of PASA. The names of other products, services and companies appearing on this Website may be registered trademarks of their respective owners.
7. GUARANTEES CONCERNING USE OF THE WEBSITE AND LIABILITY
7.1. PASA states and guarantees that its Website is equipped with the technology (software and hardware) required to date to access and use it and, further, that the Website has been designed, created and implemented by third parties at PASA’s request and is equipped with appropriate security systems in light of the technology currently available.
This notwithstanding, PASA does not guarantee the technical reliability of its Website or access to the different pages thereof, nor does it guarantee the inexistence of viruses or other harmful technological elements placed on its Website by third parties that could cause alterations in the computer systems of the User or the availability or operating continuity of the Website and of the products and services offered on it.
Likewise, PASA shall not be liable for any errors or security deficiencies that may occur as a result of use by the User of an outdated version of a browser or a version that is not secure or of the enablement of devices to store the User’s passwords and ID codes in the browser, nor shall it be liable for any damage, errors or inaccuracies that may arise due to the malfunctioning of same.
PASA makes no claims, nor does it offer any form of guarantee, whether explicit or implicit, with regard to the functioning of the Website or the information it contains or the software, materials or products included on it or on which its operation is based. To the extent possible under applicable law, PASA shall be exempted from all liability, whether explicit or implicit, to this end. PASA shall not be liable for any damage of any kind that may be caused by use of the Website, including, among other types, any form of direct or indirect damage and, especially, any damage that may arise due to the suspension of service on the part of the Website or to its discontinuance.
7.2. This Website has been prepared in good faith by PASA with information collected from internal and external sources and it is offered to Users as is and may contain inaccuracies or typos.
PASA does not guarantee the availability and operating continuity of the Website or of the products, services or content offered on it, nor does it guarantee that the current content of its Website is free of errors or up to date, and it shall be exempted from all liability for damages of any kind that may arise as a result of such circumstances. PASA will carry out, as soon as it becomes aware of any errors, interruptions in the connection or outdated content, all tasks required to remedy the said errors, re-establish communication or update the said content, provided circumstances so allow and do not hinder the execution of such tasks.
Additionally, PASA does not guarantee the reliability of the content provided by third parties on its Website and is likewise exempted from all liability for damage of any kind that may arise due to the lack of certainty, truthfulness, availability, continuity, lawfulness or currency or to the nature of such content.
Should any User consider the content of the PASA Website to be unlawful or harmful to the property or rights of the User or of a third party, s/he is asked to inform PASA, e-mailing amigos@portaventura.es.
8. LINKS WITH THIRD-PARTY WEBSITES
The Website may offer Users technical linking devices, such as, but not limited to, hypertext links, banners, buttons, directories and any other search tool allowing the User to access websites other than the Website, including third-party websites (hereinafter, “links”). The inclusion of such links is intended solely to offer Users access to information made available by third parties. The said links do not entail control over or acceptance and/or approval by PASA of the contents or services offered through them to the User. Consequently, the User must exercise due caution when assessing and using the said links, and PASA is exempted from all liability in relation to 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 signify that PASA promotes, backs, guarantees or recommends such sites. The links and connections included on the PASA Website are offered solely as informational references, and do not entail any evaluation whatsoever regarding the contents, ownership, services or products offered through them.
No link, pursuant to the terms set forth herein, established between any website and the Website shall entail, through its mere existence, any legal relationship whatsoever between the Website and the website containing the said link, nor shall it entail knowledge and acceptance by PASA of its existence and content.
PASA does not guarantee and shall accept no liability for damage of any kind that may be caused through use of the services and contents existing on any website containing a link to its Website.
9. INVALIDITY AND UNENFORCEABILITY
Should any clause of these General Terms and Conditions be declared entirely or partially invalid or unenforceable, such invalidity or unenforceability shall affect only the specific provision or portion thereof so declared, and all other points of these General Terms and Conditions shall remain in force, and the said affected provision or portion thereof shall be considered as no longer included, unless, due to its essential nature in relation to these General Terms and Conditions, such a declaration were to affect the entirety hereof.
All headings included in these General Terms and Conditions are intended merely for informational purposes and do not form an integral part hereof and should not be used to interpret the provisions and contents.
10. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions, as well as the Specific Terms and Conditions and all those relationships that may arise between the User and PASA as a result of access to and use of the Website shall be interpreted under 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 of or content of the General Terms and Conditions or the Specific Terms and Conditions to the exclusive competence and jurisdiction of the Courts and Tribunals of Tarragona, expressly waiving any other jurisdiction to which they may be entitled.