The present General Terms and Conditions of Access and Use (hereinafter, General Terms and Conditions) govern the access to and use of the present web site, located at the following address: www.portaventura-be.com (hereinafter, the Web Site) and is owned by Port Aventura Entertainment, S.A. (hereinafter, PAESA). Access to and use of the Web Site by the user (hereinafter, the User) is free of charge, without either subscription or registration being required prior to viewing. The contracting of certain services or products through the Web Site, however, shall require the User to register in accordance with the terms and conditions set forth herein.
Contact details for the Web Site owner and manager are listed as follows:
Port Aventura Entertainment, S.A.
Avda. Alcalde Pere Molas, km.2
43480 Vila-seca/ Tarragona
Commercial Register of Tarragona (‘Companies’ volume 2504, folio 158, sheet T-40.500)
Tax I.D.: A-63-776306
Email address: portaventura@portaventura.es
Telephone: (+34) 977 779 000
Fax: (+34) 977 779 111
The present Web Site features information on PortAventura Business & Events, through which clients may request information on conferences and meetings, business and corporate functions, motivational and teambuilding exercises, golf events, fairs and exhibitions (hereinafter EVENTS).
Access to and use of the Web Site is subject to and shall therefore be governed by the entire content of the present General Terms and Conditions, without detriment to the special terms and conditions governing certain services provided therein.
Hence, it is expressly stated that, by virtue of simply accessing and using the Web Site, that users acquire the status of Web Site User and unreservedly accept each of the provisions set forth under the General Terms and Conditions and, where applicable, the special terms and conditions, as per the version published on the Web Site during the time of such access. Hence, the User, assuming full responsibility, shall be required to thoroughly read all terms and conditions prior to each use of the Web Site. Special terms and conditions shall apply to certain products, services and content offered to Users through the Web Site, and by which access and/or use thereof shall likewise be governed and which, where applicable, substitute, complete and/or amend the General Terms and Conditions. In such case whereby the User does not agree with the content of the present General Terms and Conditions, he or she shall be required to refrain from accessing or operating through the Web Site.
The User, on accessing the Web Site, implicitly acknowledges and accepts that the data and information contained therein appear solely and exclusively as preliminary information to be disclosed to the User and which may, at any given moment, contain errors, inaccuracies or be outdated.
PAESA reserves the right to amend and update information published on the Web Site, the configuration and presentation thereof and the present General or Special Terms and Conditions at any time and as it sees fit, without being required to provide notice thereof. The User assumes the responsibility of duly reading such terms and conditions each time the Web Site is accessed or used.
The User declares being of legal age, in accordance with his/her respective national legislation, and that he/she has the sufficient legal capacity required to be bound by the present General Terms and Conditions, and to use and, where applicable, contract services via the Web Site, in accordance with any special terms and conditions that may apply. The User declares having acknowledged, understood and accepted such terms and conditions in their entirety. The Web Site features certain applications which are geared specifically towards the training of children, all of which are free of charge; access and use thereof by minors shall at all times be supervised and managed by the User, who expressly states that use of such applications by such minors is carried out under his/her sole and exclusive responsibility. The games featured on the Web Site are provided as a means to supporting the mental development of children and young adults, on the clear understanding that they do not contain messages that are in breach of legislation or which incite violence or criminal action or any form of discrimination; they contain neither adult content nor any endorsement of PAESA services or products. Notwithstanding the foregoing, PAESA discourages prolonged use of such games. The User holds PAESA harmless from any liability in relation to the possible non-observance of the outlined recommendations.
The present Web Site has been developed in line with the needs of end clients, hence, the services accessible by such means are aimed at neither retailers, wholesalers nor any type of intermediary agent, whether representing the leisure, tourism or any other sector. Consequently, the User acknowledges and accepts that the Web Site is solely and exclusively for his/her personal use and states that any products or services purchased or contracted through the Web Site shall be for his/her own personal use or consumption and agrees to assume full responsibility for the access, use or consumption, by third parties, of products or services featured on the Web Site which they access, use or contract in the User’s name. The User therefore expressly accepts, without exception, that access to and use of the Web Site and its services fall solely and exclusively under his/her direct responsibility.
The User states that all information provided by him/her during use of the Web Site is genuine, truthful, complete and accurate.
The User agrees to use the Web Site in accordance with current legislation, with the provisions set forth under the General Terms and Conditions and the special terms and conditions, where applicable, as well as in observance of generally accepted proper conduct, morals and public order. The User shall be required to refrain from using the Web Site for any illegal purposes or ends; for any purposes other than those set forth under the General Terms and Conditions or special terms and conditions, where applicable, or in any way that may be detrimental to the rights or interests of PAESA or third parties, or in any other way that may damage, render inoperable, overload or result in the malfunction of the Web Site, thereby preventing standard use thereof by Users.
PAESA reserves the right to refuse or withdraw access to and/or use of its Web Site at any time without being required to issue notice thereof to registered Users who fail to observe these General Terms and Conditions and/or special terms and conditions, where applicable.
be@portaventura.es
Terms of service
I. ACCESS AND USE
II. WEB SITE USE GUARANTEES
PAESA does not guarantee continuous availability and operation of the Web Site, nor of the products, services, or content provided therein and cannot guarantee that Web Site content will not feature errors or outdated information, and shall be exempt from any liability for damages or loss of any kind resulting from such circumstances. PAESA shall endeavour to carry out, providing the prevailing circumstances do not hinder or prevent such efforts, and further to receiving notice of such errors, failed connections, outdated content, those tasks conducive to addressing errors, re-establishing connections and updating content.
Furthermore, PAESA does not guarantee the technical reliability of its Web Site, access to its various web pages, nor the reliability of content provided by third parties through the Web Site, and shall remain exempt from any liability for damages and loss of any kind resulting from a lack of certainty, truthfulness, availability, continuity, legality or relevance and the nature of such content.
PAESA states and guarantees that its Web Site shall feature the technology (software and hardware) required to date so as to enable access and/or use thereof. PAESA does not guarantee, however, the potential existence of viruses or other harmful technological elements that may produce alterations to User information systems introduced by third parties by any means. PAESA further states that its Web Site has been designed, created and implemented by third parties at the request of PAESA and that PAESA uses security systems which are appropriate for the technology currently in use.
III. QUOTATION REQUEST
The Web Site features a facility by means of which clients may submit a quotation request for EVENTS held at PortAventura.
To request a quotation, the User must complete the online quotation request form in which he/she will be asked to disclose personal data. Such personal data shall be subject to the rights and guarantees outlined in Clause IV of the present General Terms and Conditions.
Port Aventura Entertainment, S.A. hereby informs you that any personal data with which you may provide us shall be held on file for the purposes of responding to your information request. We further inform you that your contact details as provided to us shall also be held on file so that we may send you information about our activities, products and services that may be of interest to you.
Information fields marked with * must be completed in order for the information you request to be issued. All data disclosed on the form shall be stored and handled in compliance with the confidentiality and security measures provided by law.
We further inform you that you may exercise any rights of access, rectification, cancellation and opposition by sending an email to info@portaventura.es, or a written letter, together with a copy of your national identity document, to: Port Aventura Entertainment, S.A. (Asesoría Jurídica), Avda. Alcalde Pere Molas, Km 2; C.P. 43480, Vila-seca (Tarragona)
IV. PERSONAL DATA
In accordance with the provisions set forth under Law 15/1999 on Personal Data Protection, dated 13 December, PAESA hereby states that any personal data disclosed on the quotation request form shall be held on file solely for the purposes of issuing a detailed estimate of the costs associated with the requested EVENT.
The disclosure of certain data is obligatory in order to process the request and its omission shall render such request invalid. All information disclosed on the form shall be stored and handled in accordance with the confidentiality and security measures provided by law.
We further inform you that you may exercise any rights of access, rectification, cancellation and opposition by sending an email to info@portaventura.es, or a written letter, together with a copy of your national identity document, addressed to: Port Aventura Entertainment, S.A. (Asesoría Jurídica), Avda. Alcalde Pere Molas, Km 2; C.P. 43480, Vila-seca (Tarragona).
The User consents to PAESA placing pieces of information on to the hard drive of his/her computer further to accessing the Web Site (hereinafter, Cookies). Such Cookies will be introduced in order to yield information on User visits, thereby allowing analysis of the traffic generated by such visits to be carried out. Hence, PAESA may obtain additional information on the characteristics of the Users visiting the Web Site, enabling it to provide tailored services and improve Web Site content, which may benefit the User.
The User may at any time deactivate the Web Site personalisation system. Most Internet browsers automatically accept the use of Cookies; the User may therefore reset the browser configuration in order to remove them, without detriment to the User's right to continue using most of the services featured on the Web Site.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All Web Site content (including, but not limited to, databases, images, drawings, graphics, text files, audio, video and software) belongs to PortAventura, with use thereof by it having been authorised and protected by national or international intellectual and industrial property regulations. The compilation (collection, management and assembly) of all Web Site content is the exclusive property of PAESA, with authorisation to carry out such compilation having been authorised and protected by national or international intellectual and industrial property regulations.
All software employed in the use and development of the Web Site is the property of PAESA or with such use having been authorised and protected by national or international intellectual and industrial property regulations.
PortAventura and its brands are registered trademarks of PAESA. The names of other products, services and companies appearing in this document or on the Web Site may likewise be the registered trademarks of their respective owners.
Any other use of Web Site content, as well as the design, configuration and display thereof is strictly forbidden; this includes, but is not limited to the reproduction, amendment, distribution, sale, transfer, subsequent publication, exhibition or full or partial representation of such content, whether for commercial or informative purposes.
It is PAESA's policy to refuse creative materials, ideas or suggestions unless expressly requested in order to safeguard against any confusion in the event of similarities between the ideas disclosed by Users and those developed by PAESA. To which end, we request that no original material or ideas be disclosed. Any such form of communication shall not be treated as confidential and may be used by PAESA for any purpose whatsoever, including, but not limited to, the reproduction, amendment, distribution, sale, transfer, subsequent publication, exhibition or full or partial representation thereof.
VI. LINKS TO OTHER WEB SITES
The Web Site may provide Users with technical link devices such as, hypertext links, banners, buttons, directories and any other search tools, amongst others, which enable the User to access web sites other than the Web Site or third party web sites (hereinafter, Links). The sole purpose of installing such links is to facilitate access by Users to third party information.
Such links do not imply the management or acceptance and/or approval by PAESA of the content or services offered to the User through the links. The User is advised to exercise caution when assessing and using such links, with PAESA being exempt from any liability relating to the information, data, files, products, services and any other type of material featured on the pages that can be accessed through these links.
The inclusion of any type of link to other web sites does not imply that PAESA promotes, guarantees or endorses such sites. Links featured on the PAESA Web Site are provided only as informative references, without any type of assessment of the content, ownership, services or products accessed by such means.
VII. LINKS TO THE WEB SITE
Any link, in accordance with the terms outlined in the previous Clause, featured on any web site and our Web Site, does not, on account of its mere existence, create any legal relationship between the Web Site and the web site featuring the link in question; nor does it imply that PAESA is aware of or accepts the existence and content thereof.
PAESA neither guarantees nor assumes any type of liability for damages and loss of any kind that may be derived from the use of services and content featured on the web site on which the link to the Web Site appears.
VIII. LIMITATIONS OF LIABILITY
This Web Site has been developed in good faith by PAESA using information from both internal and external sources and may contain inaccuracies or errors on being provided to Users in its current state.
PAESA makes no claims nor offers any guarantees of any kind, whether explicit or implicit, as to the operability of the Web Site or to the information, content, software, materials or products featured therein or on which such operability is based. Insofar as permitted by applicable legislation, PAESA shall be exempt from any liability, whether explicit or implicit. PAESA shall not be liable for damages or loss derived from the use of this Web Site, including, amongst others, damages and loss of any kind, whether sustained directly or indirectly; and, in particular, damages or loss sustained as a result of an interruption to the Web Site service and continuity.
PAESA shall be not liable for possible security errors or defects derived from use by the User of an outdated or unsecure browser; from the activation of password or code reminder devices which identify the User on the browser; or from damages, errors or inaccuracies that may lead to the malfunction thereof.
The User shall be liable for all damages and loss sustained by PAESA as a direct or indirect consequence of failure by the User to observe the General Terms and Conditions and the special terms and conditions, in particular.
IX. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
Should any Clause set forth under the present General Terms and Conditions be declared null or ineffective, in whole or in part, such nullity or ineffectiveness shall affect only the provision or section thereof having been deemed such, with all other General Terms and Conditions continuing to remain effective and in force and the provision or section in question not being considered as such unless, on account of being an essential component of the present General Terms and Conditions, such terms and conditions are affected in their entirety.
X. APPLICABLE LAW AND JURISDICTION
The present General Terms and Conditions, special terms and conditions and all relationships arising through the access and use of the Web Site between the User and PAESA shall be interpreted and governed in accordance with Spanish legislation.
In relation to any disputes arising from the existence, access, use or content of the General Terms and Conditions or special terms and conditions, both parties, expressly waiving any other venue to which they may have recourse, hereby submit to the exclusive jurisdiction of the Courts and Tribunals of the City of Tarragona.