SPECIAL CONDITIONS FOR THE PURCHASE AND/OR RENEWAL OF PortAventura Park PASSES

I. OBJECT

These special conditions for the purchase or renewal of PortAventura Passes (hereinafter the Special Conditions for Purchase or Renewal) govern the renewal and/or acquisition, as appropriate, by the user (hereinafter the User) of PortAventura Passes (hereinafter Passes) offered by Port Aventura Entertainment, S.A.U. (hereinafter PAESA) via the Website. These Special Conditions for Purchase or Renewal are supplemented by the General Conditions for Website Access and Use (hereinafter the General Conditions) that the User must consult using the link on the first page of the site, before commencing the purchase or renewal process, and that are deemed accepted along with acceptance of these Special Conditions for Purchase or Renewal.

The identification details for the owner and person responsible for the Website are those set out below:

Port Aventura Entertainment, S.A.U.

Avda. Alcalde Pere Molas, km 2

43480 Vila-seca/Tarragona

Tarragona Register of Companies, company volume 2504, folio 158, page T-40,500.

Tax Identification Number: A-63-776306

E-mail: amigos@portaventura.es

Telephone: (+34) 977 779 000

Fax: (+34) 977 779 111

Hereinafter, and for the purposes of these Special Conditions for Purchase or Renewal, the following meanings will be attributed to the words below in capitals:

PASSES: Those allowing access to PortAventura Park and PortAventura Caribe Aquatic Park under the conditions published from time to time on the Website or provided to the User by Port Aventura Entertainment, S.A.U via any other medium.

MEMBER: The User’s status once he or she has acquired a Pass.

VALIDITY: The validity of the Pass that is one year from the date it is issued.

A User acquiring or renewing Passes via the Website must adhere to the PortAventura Park and PortAventura Caribe Aquatic Park Standards of Operation, in addition to any other specific rule in existence. Those rules are available to Users at the Visitor Services Offices at PortAventura Park and PortAventura Caribe Aquatic Park and can be provided on request.

The User undertakes to use the Pass purchase or renewal service on the Website in accordance with the law, the Special Conditions for Purchase or Renewal, the General Conditions, ethics and generally accepted good practices and public policy. The User must not use the Website for ends or purposes that are illegal, contrary to the provisions of these Special Conditions for Purchase or Renewal and the General Conditions, or in a manner that is detrimental to the rights and interests of PAESA or third parties or any other manner that might damage, disable, overload or degrade the Website so as to hinder its normal use by Users.

It is the User’s responsibility to read the Special Conditions for Purchase or Renewal carefully every time he or she decides to renew Passes on the Website. Should the User disagree with the content of these Special Conditions for Purchase or Renewal or any of the General Conditions, consequently he or she must not conduct business via the Website. Notwithstanding the foregoing, the acquisition or renewal of Passes using the Website cannot be carried out without express acceptance of these Special Conditions for Purchase or Renewal.

PAESA reserves the right to refuse or withdraw access and/or use of its Pass purchase or renewal service using the Website at any time and without notice as regards any Users that provide false information or that in any way fail to comply with the General Conditions or the Special Conditions for Purchase or Renewal.

PAESA does not guarantee the availability and continuity of the Pass purchase and renewal service governed herein and will not be liable for damage or loss of any nature that might arise due to the absence of availability or continuity of the operation of that Pass purchase or renewal service. In addition, PAESA neither guarantees the reliability of its Website nor access to the Pass purchase service.

PAESA reserves the authority to modify, at its discretion, the content of these Special Conditions for Purchase or Renewal at any time and their proper reading at the time of each access and/or use is the responsibility of the User.

The User may print the Special Conditions for Purchase or Renewal during the purchasing process.

 

II. PASS PURCHASE SERVICE USERS

The User states that he or she is of legal age, in accordance with his or her national law, and has the legal capacity necessary to bind himself or herself by these Special Conditions for Purchase or Renewal and the other General Conditions, as well as to use and, where applicable, contract via the Website in accordance with them. Regarding the same, the User states that he or she is aware of, understands and accepts them in their entirety.

This Website has been developed for end clients; therefore, the services that can be accessed via the same are not intended for wholesale or retail businesses, nor for any type of intermediary, whether from the leisure or tourism sectors or any other sector. Consequently, the User acknowledges and accepts that the Website is, solely and exclusively, for his or her personal use and represents that the products and services acquired or contracted via the Website will be for his or her own use or consumption and he or she will be liable for access, utilization, use or consumption of the products or services offered on the Website by third parties accessing or using them or entering into contracts in his or her name. As such, the User accepts, expressly and without exception, that access to and use of the Website and its services will take place subject to his or her sole and exclusive responsibility.

The User states that all information provided by him or her in the course of using the Website, and in particular in the course of the Pass purchase process, is correct, true, complete and accurate.

 

III.PASS PURCHASE OR RENEWAL PROCEDURE

The User states that it is aware and accepts that only complete fulfillment of and adherence to the Pass purchase and renewal procedure set out on the Website and that ends with confirmation of the purchase or renewal by the User in the “Buy Passes” dialogue box constitutes a complete, formal and effective Pass purchase or renewal request. Partial execution of the purchase or renewal procedure by the User will not suppose the creation of any contractual or pre-contractual relationship whatsoever between the User and PAESA under any circumstances.

The renewal of Passes using the Website is conditional upon reading and accepting these Special Conditions for Purchase or Renewal, as well as the General Conditions so far as they apply, by clicking on the link “I have read and accepted the purchase or renewal terms and conditions” and assumes complete adherence without exception to these Special Conditions for Purchase or Renewal, as amended at the time the purchase or renewal procedure is begun.

The Passes that can be purchased or renewed via the Website in accordance with the process set out in this clause, and under the remaining Special Conditions for Purchase or Renewal, will be valid for access to the facilities to which each type of ticket relates, solely for the dates or, where applicable, periods agreed and under the conditions agreed.

PAESA will not be liable for any damage and loss that might arise as a result of the User’s failure to comply with the Pass purchase or renewal procedure described in this clause, as well as in the rest of the Special Conditions for Purchase or Renewal.

The procedure to be followed is set out below:

A.- Pass Purchase or Renewal Procedure

The User must complete the relevant Pass purchase or renewal process available on the Website and state the information it requires.

During the Pass purchase or renewal procedure the User must take the following steps:

STEP 1 - REGISTER (only for renewals)

The User must first register himself or herself, stating the Pass number he or she wishes to renew, as well as the Pass owner’s identity card, using the “Renew Pass” button.

STEP 2 - CHOOSE PASS TYPE

The User must use the appropriate boxes to indicate the number of Passes he or she has chosen and add them to the shopping basket using the appropriate button.

The User will see the type of Pass, the unit price (including VAT) and the quantity of the same chosen.

The Pass prices are those appearing on the Website from time to time according to the dates and the other actual particulars of each ticket, save for orthographic or typographical error, PAESA reserves the right to amend these Special Conditions for Purchase or Renewal.

STEP 3 - PROVISION OF INFORMATION ON BEHALF OF THE PERSON PURCHASING OR RENEWING THE PASSES AND THE BENEFICIARIES

The User will be required to provide the personal information necessary to purchase or renew Passes that is either obligatory (marked with an asterisk (*)), or optional that PAESA considers appropriate, and always in accordance with the aims referred to at Clause IV of these Special Conditions for Purchase or Renewal of Passes.

Once the above information has been duly provided, the User must click the “Continue” button to continue with the Pass purchase or renewal.

STEP 4 - SECURE PAYMENT

The User will see the total Passes purchased or renewed up to that time with an indication of the total value of the same (including VAT).

The User must enter the payment details required in order that the value of the Pass purchases or renewals can subsequently be debited.

If he or she detects an error in those details, the User can correct them by clicking the “back” button.

The purchase or renewal will be deemed to be complete once the User accepts the corresponding confirmation of Pass purchase or renewal using the “Buy Passes” or "Renew Pass" button, and provided that PAESA receives payment for the same.

The User will see the summary of the Pass purchase or renewal, with a note of the code for the same, in the “print Passes” dialogue box, which should be printed and presented at the Club PortAventura Office so that the Passes can be provided.

B.- Changes to Pass purchases or renewals and the annulment or cancellation of Passes

No changes to purchases or renewals carried out via the Website are permitted, although in such cases the User may contact the Client Service Centre.

No Pass purchase or renewal carried out via this Website can be annulled or cancelled, and as such no sums whatsoever will be reimbursed.

 

IV. PRIVACY POLICY

1.         Data Manager

Port Aventura Entertainment, S.A.U., hereinafter PortAventura World, with registered address at Avda. Alcalde Pere Molas, km 2, telephone (+34) 977 779 000 and e-mail portaventura@portaventura.es, is responsible for the files containing the personal data collected and processed by this web page.These files are duly registered in the General Data Protection Registry of the Spanish Agency for Data Protection.

2.         Data Collection

PortAventura World only collects the personal data that you provide us through the forms included in the website and our e-mail addresses.

3.         Uses and Purposes of Collected Data

In this web page, personal data are collected for the purposes that are detailed below. If you do not agree with any of them, you can notify us via the e-mail address portaventura@portaventura.es. The intended uses and purposes are:

A)        Purchase of Tickets and Passes

The information that you provide us through ticket and pass purchase forms will be used for the purpose of managing and billing the reservation and sale of tickets to our facilities.

B)        Hotel and Restaurant Bookings

The information you provide us through the hotel and restaurant reservation forms will be used to process your booking.

C)        Line 902

The personal data provided by our telephone hotline will be incorporated into our files for processing, for quality control purposes, as well as for the processing of any reservations or queries that you submit.

The data collected will be stored in accordance with the relevant confidentiality and security laws. If you wish you may exercise the rights to access, rectification, cancellation and opposition using the e-mail address info@portaventura.es or in writing, together with a copy of your national identity document, addressed to Port Aventura Entertainment, S.A.U. (Asesoría Jurídica), Av. Alcalde Pere Molas, Km 2; C.P. 43480, Vila-seca (Tarragona).

D)        Newsletter

Personal data collected through newsletter subscriptions, contact forms or reservation of tickets, passes, restaurants or hotels will be used to send you commercial information about PortAventura World products and services. If you do not wish to receive this type of information you can tick the corresponding box that you will find on the data collection form or communicate your wish not to receive this type of information to the e-mail address info@portaventura.es.

E)        Promotions, Competitions and Prize Draws

The information you provide us when taking part in promotions, competitions and prize draws will be used for the organisation and management of these events. Each promotion, offer or draw will have its own legal bases or particular conditions.

F)        Sending Information

PortAventura World will use the personal data that you provide on the contact forms or in e-mails in order to respond to any requests for information that you send us.

4.         Sharing of Data with Third Parties

PortAventura World will share your personal data to third parties in the following cases. If you do not want your information to be shared you can notify us via the e-mail address portaventura@portaventura.es. The cases for sharing information are:

a.         Legal Requirement

Your data will be shared with third parties (government bodies, administrative and judicial authorities, etc.) when provided for by law.

b.         Management of Payments

Your personal data will be communicated to third parties when necessary for the payment of the products or services purchased (banking and/or financial entities that own the means of payment used).

5.         Exercise of Rights

At any time you can exercise the rights of access, rectification, cancellation and opposition by sending the corresponding request together with a copy of your official identity document (National ID, driver's licence or passport) to the e-mail address info@portaventura.es or to our postal address Port Aventura Entertainment S.A.U. (Asesoría Jurídica) Avda. Alcalde Pere Molas, Km 2; C.P. 43480, Vila-seca (Tarragona).

6.         Version

This privacy policy is dated 20/03/2017 and any changes to its terms and conditions will be published on this website.

 

V. COOKIES POLICY

This website uses its own and third-party cookies in order to improve our services and to show you advertisements related to your preferences, by analyzing your browsing habits. If you continue to browse this site, it will be understood that you accept their use. You may change the configuration or obtain more information here.

 

VI. LIMITATIONS ON LIABILITY

This Website has been developed in good faith by PAESA using information from internal and external sources and is offered in its current state to Users, which may contain inaccuracies or errors.

PAESA makes no representations nor does it offer guarantees of any kind, whether explicit or implicit, regarding the operation of the Website or the information, content, software, materials or products included in the same, or on which its operation is based. To the extent permitted by the applicable law, PAESA is exempt from any liability, whether explicit or implicit. PAESA will not be liable for damage or loss of any kind that might arise from use of this Website including, amongst others, the damage and loss of any kind that might occur, whether directly or indirectly.

PAESA accepts no liability for any direct or indirect damage or loss that might arise as a result of the interruption of the Website service or its continuity.

In addition, PAESA accepts no liability for potential errors or failings in security that might occur due to the User’s use of a version of a browser that is not up-to-date or is not secure, in addition to that due to the activation of mechanisms for saving Users’ identification keys or codes in the browser or for the damage, errors or inaccuracies that might arise from the malfunctioning of the same.

The User will be liable for damage and loss of any kind that PAESA might suffer as a direct or indirect consequence of the User’s failure to comply with the General Conditions and, in particular, the Special Conditions for Purchase or Renewal.

 

VII. SEVERABILITY

If any clause in these Special Conditions for Purchase or Renewal is declared void or ineffective, in part or in its entirety, only that provision or part of the same will be considered void or ineffective, the other remaining Special Conditions for Purchase or Renewal remaining in effect and such provision or the affected part of the same will be deemed not included, save where it is fundamental and would affect the entirety of these Special Conditions for Purchase or Renewal.

 

VII.CANCELLATION POLICY

Given the characteristics of the products on sale (tickets or hotel bookings for a specific use date or period), article 103. l) of The General Law of the Defence of Consumers and Users is applicable and therefore the right to cancel is excluded for the system for the sale of tickets or hotel bookings.

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