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 http://www.portaventurastore.com and is owned by Port Aventura Entertainment, S.A.U. (hereinafter, “PAESA” or Portaventura World). 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: firstname.lastname@example.org
- 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.
This Website has been developed for the benefit of the final clients and/or companies. Therefore, the services which can be accessed here may be aimed at one type of client or another and must in each case fulfil the requirements set out for them. In particular, final clients recognize and accept that the Website is exclusively for their own personal use and confirm that the products or services acquired or contracted via the Website will be for their own use or consumption, and that access, use of or consumption of products and services offered on the Website by third parties accessing, using or contracting in their name, is done under their own name.
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. MERCHANDISING PRODUCTS OFFERED BY PORTAVENTURA WORLD THROUGH THE WEBSITE
This website includes the purchase / sale of the PortAventura World merchandising product.
The user can purchase products that are available at any time on the website.
The purchase of marketing products made through the website is expressly subject to the specific conditions of purchase of the products claimed, established for that purpose, without prejudice to the provisions of these General Conditions.
The personal data that the User enters will enjoy the rights and guarantees established in Clause IV of these General Conditions. The prices of the products will be those that appear on the PAESA website at any time.
The User's rights and obligations, both during the acquisition of the product and once acquired, are also subject to the provisions of these General Conditions and the corresponding specific conditions.
In accordance with the General Data Protection Regulation (EU) 2016/679, and any applicable national law, we inform you that the personal data you submit to us through the different forms and/or registration points of this website will be processed by PORT AVENTURA ENTERTAINMENT S.A.U., as data controller for the processing of this data for the purposes specified in each case and for each product or service. We also inform you that your personal data may be transferred to third parties when indicated and be retained for the period stated at each of the personal data collection points on this website.
We also inform you that you may exercise the rights of access, correction, deletion, opposition, limitation of treatment and portability of your data, through written communication to the email address email@example.com, 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).
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
PortAventura World either owns or has been authorised to use all the www.portaventuraworld.com 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 World 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.
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.
VII. 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.
VIII. COMPLAINTS AND CLAIMS
Claim forms are available to the User from PortAventura World’s Guest Service offices. The User may submit any complaints or claims to the postal address or e-mail address set out below:
- E-mail address: firstname.lastname@example.org
- Telephone: (+34) 977 779 000
- Fax: (+34) 977 779 111
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. 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.
XI. 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.
For any legal issues which might arise, the parties will be subject to the jurisdiction of the Courts and Tribunals of Tarragona in the case of companies, and in the case of consumers and users who are individuals, to the jurisdiction of the Courts and Tribunals that are established according to applicable regulations regarding geographical distribution of legal proceedings.
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.