1. Access and Use
These General Conditions of Access and Use (hereinafter, "General Conditions") regulate access to and use of this website, which can be accessed at the address www.fundacioportaventura.org (hereinafter, “the Website”) and is owned by Fundació Privada PortAventura Entertainment, (hereinafter, "FUNDACIÓ"). Access to and use of the Website by the user (hereinafter, "the User") is free of charge and viewing does not require prior subscription or registration. However, 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 Conditions.
The details of the owner and manager of the Website are as follows:
Fundacio Privada PortAventura
Avda. Alcalde Pere Molas, Km2
43480 Vila-seca / Tarragona, Spain
Tax Reference: G-55526909
Telephone: (+34) 977 77 91 52
Charity Register for the Autonomous Government of Catalonia, Justice Department, Directorate General for Law and Legal Entities registration number 2660.
Access to and use of the Website shall be subject to and, therefore, governed by these General Conditions, without prejudice to any specific terms and conditions that may apply to certain services included in it.
To this regard, 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 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 own risk and liability, should read all terms and conditions carefully and in full each time s/he chooses to use the Website. The specific terms and conditions shall apply to certain products, services and content offered to Users through the Website, the access to and/or use of which shall be subject thereto, and may, in some cases, replace, supplement and/or modify these General Conditions. If the User does not agree with the contents of these General Conditions, s/he must abstain from accessing and using the Website.
The User understands and accepts that, simply by visiting the Website, 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, inaccuracies or not be up-to-date.
FUNDACIÓ reserves the right to modify and update the information contained on the Website, its layout and display, as well as these General 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 duly reading the said terms and conditions at the time of each access and/or use.
The User declares that s/he is of legal age, in accordance with national law in his/her own country, and has the necessary legal capacity to be bound by these General 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. To this regard, the User declares to be aware of, understands and accepts all such terms and conditions in their entirety.
This Website has been developed for the benefit of the end client and, therefore, the services accessible through it are not intended for wholesalers, retailers or any type of agent, whether from the leisure, tourism or any other sector. Consequently, the User acknowledges and accepts that the Website is intended, solely and exclusively for own personal use and declares that any products or services purchased or contracted through the Website shall be for private use or consumption and s/he 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/her name. To this regard, the User expressly accepts, without exception, that access to and use of the Website or its services shall be carried out at his/her sole and exclusive risk and liability.
The User declares that all information provided whilst using the Website is true, complete, accurate and precise.
The User undertakes to use the Website in accordance with current law, with the provisions of these General 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 Conditions and any specific terms and conditions that may apply, that may harm the rights and interests of FUNDACIÓ or of 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 it.
FUNDACIÓ reserves the right to deny or withdraw access to and/or use of its Website at any time and without prior notice for any registered Users in breach of these General Conditions and/or any specific terms and conditions that may apply.
2. Guarantees regarding use of the Website
FUNDACIÓ does not guarantee the availability or operational continuity of the Website or the products, services or content offered on it, nor does it guarantee that the content existing on its Website is free from errors or up-to-date, and it shall not be liable for any nature of damages or injury caused as a result of such circumstances. As soon as it becomes aware of any errors, interruptions in service or outdated content, FUNDACIÓ shall take the necessary action to rectify errors, re-establish communication and update the said content, providing circumstances do not prevent or hinder the execution thereof.
Likewise, FUNDACIÓ does not guarantee the technical reliability of its Website, access to the different pages or the reliability of any content provided through the Website by third parties, and it shall not be liable for any nature of damages or injury caused due to the lack of certainty, truthfulness, availability, continuity, lawfulness or current validity of the said content or to the nature thereof.
FUNDACIÓ hereby declares and guarantees that its Website is equipped with the technology (software and hardware) currently required for access to and/or use of it. However, FUNDACIÓ does not guarantee the absence of viruses or other harmful technology that may be introduced to the Website, by any means, by third parties and could cause alterations in the User's computer systems. FUNDACIÓ further declares that its Website has been designed, created and implemented by third parties at FUNDACIÓ's request and that it is equipped with appropriate security systems in line with the technology currently available.
3. Personal Data
Pursuant to the terms of the Spanish Personal Data Protection Act (Organic Law 15/1999 of 13 December), FUNDACIÓ hereby informs you that the personal data collected via the various forms on the Website may be held in files owned by FUNDACIÓ for the purposes specified in each case and for each product or service. FUNDACIÓ will inform you of the purpose and use of the collected data, as well as of the required or optional nature of providing the said data and the consequences of refusing to do so. FUNDACIÓ will likewise inform the User of their 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 guarantees and shall at all times be liable for the certainty, truthfulness, accuracy, validity and authenticity of the personal data provided and undertakes to keep them duly updated.
FUNDACIÓ guarantees that it has adopted the appropriate organisational and technical security measures with regard to its facilities, systems and files, pursuant to the terms of Royal Decree 994/1999 of 11 June, which approves the Security Measures Applicable to Automated Personal Databases, and to all other implementing regulations. Notwithstanding the foregoing, FUNDACIÓ 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 required to provide pursuant to applicable regulatory and legal provisions.
The User authorises FUNDACIÓ to store fragments of information (hereinafter, "Cookies") on their hard drive following access to the Website. These Cookies are used to gather information about visits made by the User, thereby enabling analysis of the traffic generated. In this way FUNDACIÓ is able to 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 browser settings to delete them and still continue to use most of the services offered on the Website.
4. Intellectual and Industrial Property Rights
All Website content (including, but not limited to, databases, images, drawings, graphics, text files, audio files, video files and software) is either owned by FUNDACIÓ, or FUNDACIÓ has been authorised to use this content protected under national and international intellectual and industrial property law. FUNDACIÓ moreover either owns or has been authorised to use the compilation (understood as the compilation, organisation and assembly) of all Website content and the said compilation is likewise protected under national and international intellectual and industrial property law.
FUNDACIÓ owns or has been authorised to use all software involved in the use and development of the Website, and said software is protected under international and national intellectual and industrial property law.
Fundació PortAventura and its trademarks are registered trademarks owned by FUNDACIÓ. The names of other products, services and companies appearing in these terms and conditions 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 FUNDACIÓ 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 FUNDACIÓ. 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 FUNDACIÓ for any purpose, including, but not limited to, the reproduction, modification, distribution, sale, transmission, subsequent publication, display or total or partial representation thereof.
5. 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.
These links do not imply control or acceptance and/or approval by FUNDACIÓ 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 FUNDACIÓ shall not be held 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 FUNDACIÓ promotes, supports, guarantees or recommends these sites. The links or connections included on FUNDACIÓ's Website are offered solely for informational purposes and do not entail any assessment whatsoever regarding the content, ownership, services or products offered on the websites accessed through them.
6. Links to the Website
No link, as defined under the previous clause, established between any website and the Website shall imply, solely through its existence, any legal relationship whatsoever between the Website and the website incorporating said link or knowledge and acceptance by FUNDACIÓ of the existence and content of it.
FUNDACIÓ neither guarantees 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.
7. Limitations on liability
This Website was developed in good faith by FUNDACIÓ with information taken from internal and external sources and it is offered to Users as is and may contain inaccuracies or typographical errors.
FUNDACIÓ does not express any statements or offer guarantees 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 permitted under applicable law, FUNDACIÓ shall be exempted from any liability, whether explicit or implicit. FUNDACIÓ 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, FUNDACIÓ 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 damages and injury of any nature suffered by FUNDACIÓ as a direct or indirect consequence of breach by the User of these General Conditions and, in particular, of the specific terms and conditions.
8. Invalidity and Ineffectiveness of the Clauses
Should any clause of these General Conditions be declared entirely or partially invalid or ineffective, said invalidity or ineffectiveness shall affect only the specific provision or part of it, and the rest of these General Conditions shall remain in force. The affected provision, or part of it, shall be understood as no longer included, except where, due to its essential nature in relation to these General Conditions, such an understanding would affect the entirety hereof.
9. Applicable Law and Jurisdiction
These General Conditions, as well as the specific terms and conditions and any relationships that may arise between the User and FUNDACIÓ 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 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.