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 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. However, in order to contract for 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 owner and manager of the Website is:
Port Aventura Entertainment, S.A.U.
Avda. Alcalde Pere Molas, km 2
43480 Vila-seca/ Tarragona
Commerce Register of Tarragona, Companies’ volume 2504, folio 158, page T-40.500
NIF (Tax ID No.): A-63-776306
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, and also by 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 published on the Website at the time of said access. Consequently, the User, at his or her own risk, should read all terms and conditions carefully and in full each time he or she uses 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 the General Terms and Conditions. If the User does not agree with the content of these General Terms and Conditions, he or she should refrain from accessing and using the Website.
The User understands and accepts, by visiting the Website, that the data and information 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as preliminary information for the User and that, at any given time, they may contain errors or inaccuracies or be out of date.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 responsible for reading such 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 for products or services through the Website, in accordance with any specific terms and conditions that may apply. The User represents that he or she is familiar with, understands and accepts all such terms and conditions in their entirety. The Website contains certain free applications 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 children. The games offered on the Website are intended to contribute to the cognitive development of children and adolescents and contain no messages contrary to 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. However, PAESA recommends avoiding prolonged exposure to the same. The User shall hold PAESA harmless for any failure to comply with the recommendations above.
This Website was developed for end customers and, therefore, the services accessible through it are not intended for wholesalers, retailers or any type of broker 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 and represents that any products or services purchased or contracted for through the Website shall be for his or her own 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 for same in his or her name. To this end, the User expressly accepts, without exception, that access to and use of the Website or its services shall be made 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, the provisions of these General Terms and Conditions and any specific terms and conditions that may apply, and in accordance 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 illegal, that are contrary to these General Terms and Conditions and 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 cause harm to the Website, thereby preventing other Users from making normal use of it.
PAESA reserves the right to deny or withdraw access to and/or use of its Website at any time and without prior notice to 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 functioning of the Website or the products, services and content offered on it, nor does it warrant that the content on its Website is free of errors or up to date, and it shall not be liable for damages of any kind 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 errors, re-establish communication and/or update the content, providing there are no situations preventing or hindering the execution thereof.
Likewise, PAESA does not warrant the technical reliability of its Website, access to the individual pages thereof or the reliability of any content provided by third parties via the Website, and it shall not be liable for any damages caused due to the lack of certainty, accuracy, availability, continuity, lawfulness, currentness or nature of that content.
PAESA hereby represents and warrants that its Website is equipped with the technology (software and hardware) currently required for access and/or use of same. However, PAESA does not warrant the absence of viruses or other harmful technology that may have been introduced to the Website by third parties and could cause alterations to 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 be a “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 fill out the corresponding application form with his or her personal information.
Minors must be registered as Members by their legal representatives, who shall be responsible 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 from the date of issue.
The price of the annual pass depends on the User’s age. Annual pass prices shall be those published on the Website at any given time, except in case of spelling or typographical error, and PAESA reserves the right to modify the terms and conditions for Member applications and registration at its discretion.
Once the pass has been delivered to the Partner as provided in the preceding paragraphs, the Partner will have the full rights to enjoy the benefits that Partner status confers from time to time.
Member status will be lost when an individual no longer holds 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 apply, as well as to the PortAventura Rules and Regulations, which can be reviewed on this Website or requested by the following means:
Tel.: [902 20 22 20 from Spain or +34 977 77 90 90 from overseas]
B) JOB VACANCIES
PAESA may, whenever it deems appropriate, offer information about job openings on the Website. Should the User be interested in any of the published job openings, he or she may send his or her curriculum vitae and a recent photograph to the following address:
Port Aventura Entertainment, S.A.U.
Dpto. Recursos Humanos (Human Resources Dept.)
Avda. Alcalde Pere Molas, km 2
43480 Vila-seca/ Tarragona (Apt. 90)
Fax: +34 977 77 90 97
Likewise, the User may complete the online job application form 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 of these General Terms and Conditions.
PAESA reserves the right not to accept or process incomplete applications. Personal data provided on incomplete applications will not be added to the PAESA Job Candidate Database, nor will they be filed, stored or processed in any way.
PAESA hereby states that the job openings on the Website are published solely for the purpose of informing any interested parties. Therefore, neither the job openings 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 openings published by PAESA on the Website may be removed at its discretion, either because the offered post or position has been filled or because the opening 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 relates to the applicant.
C) INFORMATION ON THE HOTEL OFFER AND BOOKING OF ACCOMMODATION
The Website contains information on booking tourism accommodation at PortAventura.
The User may use this Website to book tourism accommodation at PortAventura. 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, “tourism accommodation” 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.
• Plus one-day access to PortAventura Caribe Aquatic Park or discounts on the cost of admission to the Park, depending on the dates and days of stay in the Hotels. Consult the terms described for each Hotel on the Website. Note that any such visit is subject to the dates and hours open to the public, as well as room availability. No claim can be made for any amount due to restriction of access resulting from maximum capacity limitations.
Access to PortAventura Park and to PortAventura Caribe Aquatic Park is subject to their being open and to availability. Moreover, on those days when PortAventura Park and/or PortAventura Caribe Aquatic Park is/are completely or partially closed to the public, for the purpose of these Specific Terms and Conditions, “tourism accommodation” shall be understood to mean solely the stay at a PortAventura Hotel and, where applicable, access to the park or area thereof that is open.
Tourism accommodation bookings made through the Website are expressly subject to the specific terms and conditions governing the booking of tourism accommodation, which can be reviewed during the booking process, and are subject 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 of these General Terms and Conditions.
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 the case of spelling or typographical errors, and PAESA reserves the right to modify the specific terms and conditions governing online booking requests.
Users' rights and obligations, both whilst booking tourism accommodation and once the booking has been processed, are likewise subject to these General Terms and Conditions and to the relevant specific booking terms and conditions, as well as to the PortAventura Park and PortAventura Caribe Aquatic Park Rules and Regulations and the Hotels’ Rules and Regulations, which can be reviewed on the Website and are available at PortAventura Park and PortAventura Caribe Aquatic Park Guest Service offices, and any other rules or regulations in force at the Hotels, which can be obtained at the reception desks thereof. This information can also 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]
You may consult the booking terms and conditions for accommodation at PortAventura Hotels during the booking process.
D) TICKET SALES
The User may use the Website to purchase tickets to PortAventura Park and to PortAventura Caribe Aquatic Park. The types of tickets available for purchase shall be those available on the Website at any given time.
The purchase of tickets to PortAventura Park and to PortAventura Caribe Aquatic Park through the Website is expressly subject to the specific terms and conditions governing the purchase of those tickets, and is also subject to the provisions of these General Terms and Conditions.
The personal information provided by the User shall be subject to the rights and guarantees set forth in Clause IV of these General Terms and Conditions.
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 the case of spelling typographical errors, 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 the relevant specific terms and conditions, as well as the PortAventura Park and PortAventura Caribe Aquatic Park Rules and Regulations, which can be consulted on the Website and are available at the PortAventura Park and PortAventura Caribe Aquatic Park Guest Service offices. This information can be provided to the User by request.
In accordance with the stipulations set forth in the Organic Law 15/1999 of 13th December concerning the Protection of Personal Data (LOPD), PORT AVENTURA ENTERTAINMENT, S.A.U. informs you that personal data obtained from this document will be incorporated into files owned by the company with the purpose of booking and selling tickets to our facilities. In addition, unless you have opted out by ticking the corresponding box, the information will be used for commercial communication, from the company or third parties, related to our products and services.
Some data is mandatory for the purchasing process and failure to provide it will render it impossible to process the transaction. All information entered into the form will be stored and handled according to the legally established measures of security and confidentiality.
Moreover, we inform you that you will be able to exercise the rights of access, rectification, cancellation and objection of the data using the e-mail address firstname.lastname@example.org or through written communication together with a copy of your national identity card, addressed to Port Aventura Entertainment S.A.U. (Asesoría Jurídica) Avda. Alcalde Pere Molas, Km 2; 43480, Vila-seca (Tarragona).
The User gives their consent to PAESA to introduce fragments of information into the hard drive of the User’s computer upon their access to the Website (henceforth, Cookies). These Cookies are used in order to provide information about visits from Users, allowing for the analysis of the traffic they generate. In this way, PAESA will obtain additional information about the characteristics of the Users visiting the Website, which facilitates the provision of personalised services and also the improvement of the Website’s content to benefit the User.
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 either owns or has been authorised to use the compilation (understood as the collection, organisation and assembly) of all the Website's content and it 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 that software is protected under national and international 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 Website’s content or its design, layout or display, including, but not limited to, the reproduction, modification, distribution, marketing, transmission, subsequent publication, display or total or partial representation thereof, whether for commercial or merely informational purposes, is strictly prohibited.
It is PAESA’s 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 of this kind will not be treated confidentially and may be used by PAESA for any purpose, including, but not limited to, reproduction, modification, distribution, marketing, 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.
Such links do not imply that PAESA controls, accepts and/or approves of the content or services offered through the links to the User. Therefore, the User must take the appropriate precautions when evaluating and using such 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 imply that PAESA promotes, supports, warrants or recommends those sites. The links or connections on PAESA's Website are offered solely for informational purposes and do not imply any assessment whatsoever regarding the content, ownership, services and/or products offered on those websites.
VII. LINKS TO THE WEBSITE
No link, as defined in the foregoing clause, established between any website and the Website shall imply, solely through its existence, any legal relationship whatsoever between the Website and the website containing that link, or knowledge and acceptance by PAESA of the existence and content thereof.
PAESA neither warrants nor assumes any liability whatsoever for any damages 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 typographical errors.
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 exonerated from all liability, whether explicit or implicit. PAESA shall not be liable for any damages caused as a result of using this Website, including, but not limited to, damages of any kind caused directly or indirectly and, in particular, damages resulting from the interruption of service by the Website or lack of continuity.
Likewise, PAESA shall not be liable for any security flaws or weaknesses due to the User’s use of an outdated or non-secure 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 damages caused to PAESA as a direct or indirect consequence of the User’s breach 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 deemed no longer included, except where, due to its essential nature in relation to these General Terms and Conditions, such exclusion 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 arising from the existence of, access to, use or content of the General Terms and Conditions or the 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.