General conditions
1. Access and Use
The following General Conditions of Access and Use (hereinafter referred to as the General Conditions) regulate access and use of this website accessible through the address www.fundacioportaventura.org (hereinafter referred to as the Website) owned by Fundació Privada PortAventura (hereinafter referred to as FUNDACIÓ). Access to and use of the Website by the user (hereinafter referred to as the User) is free of charge, not requiring prior subscription or registration. However, the purchase of certain services or products through the Website may require User registration under the terms described below and prior acceptance of specific conditions that develop and complement these General Conditions.
The identifying details of the owner and responsible party of the Website are listed below:
Fundacio Privada PortAventura
Avda. Alcalde Pere Molas, Km2
43480 Vila-seca/ Tarragona
NIF: G-55526909
Email address: info@fundacioportaventura.org
Phone: (+34) 977 77 91 52
Registration of Foundations of the Generalitat de Catalunya Department of Justice Directorate General of Law and Legal Entities with registration number 2660.
Access to and use of the Website is subject to and consequently governed by all content within these General Conditions, without prejudice to specific conditions that apply to certain services included therein.
In this regard, it is expressly stated that mere access and use of the Website confer User status upon the Website and imply full and unconditional acceptance by the User of all content of the General Conditions, and where applicable, the specific conditions in the version published on the Website at the time of such access. Consequently, it is the User’s responsibility to carefully read all the conditions on each occasion they intend to use the Website. Specific conditions will apply to certain products, services, and content offered to Users through the Website, whose access and/or use are subject to them, which, depending on the case, may replace, complete, and/or modify the General Conditions. If the User disagrees with the content of these General Conditions, they should refrain from accessing the Website and using it.
The User acknowledges and agrees that the data and information contained on the Website are provided solely as preliminary information for the User’s attention and that at any given time they may contain errors, inaccuracies, or be outdated.
FUNDACIÓ reserves the right to modify and update the information contained on the Website, its configuration and presentation, as well as the General or specific Conditions at any time at its discretion and without prior notice, with the responsibility of the User to read them carefully when accessing and/or using them.
The User declares to be of legal age according to their national law and to have the legal capacity necessary to be bound by these General Conditions, as well as to use and, where applicable, contract through the Website in accordance with the specific conditions applicable to them. Regarding all of these, the User declares that they know, understand, and accept them in full.
This Website has been developed for the benefit of end customers, and therefore the services that can be accessed through it are not aimed at wholesalers, retailers, or any kind of intermediary, whether in the leisure, tourism, or any other sector. Consequently, the User acknowledges and agrees that the Website is solely for their personal use and states that the products or services purchased or contracted through the Website are for personal use or consumption. They are responsible for the access, use, or consumption by third parties of the products or services offered on the Website that access, use, or contract in their name. In this regard, the User expressly and without exceptions accepts that access and use of the Website and its services occur under their sole and exclusive responsibility.
The User declares that all information provided by them in the course of using the Website is true, accurate, complete, and precise.
The User agrees to use the Website in accordance with the applicable legislation, the General Conditions, and the specific conditions when applicable, as well as with the generally accepted morals, good customs, and public order. The User undertakes to refrain from using the Website for illicit purposes or effects contrary to the provisions of the General Conditions and specific conditions applicable or in a way that is harmful to the rights and interests of FUNDACIÓ or third parties or in any other way that could damage, disable, overload, or deteriorate the Website, preventing its normal use by other Users.
FUNDACIÓ reserves the right to deny or withdraw access and/or use of its Website at any time and without prior notice to those registered Users who violate these General Conditions and/or specific conditions when applicable.
2. Guarantees for use of the website
FUNDACIÓ does not guarantee the availability and continuity of the operation of the Website and the products, services or content offered thereon, nor that the content on its Website does not contain errors or is not updated, and is exonerated from all liability for damages of any kind that may arise from such circumstances. FUNDACIÓ will carry out, provided that there are no circumstances that make it impossible or difficult to execute, and as soon as it is informed of errors, disconnections or lack of updating of the content, all those tasks aimed at correcting the errors, reestablishing communication and updating the aforementioned content. Likewise, FUNDACIÓ does not guarantee the technical reliability of its Website, nor access to its different pages, nor the reliability of the content provided by third parties through the Website, and is exonerated from all liability for damages of any kind that may arise from the lack of certainty, veracity, availability, continuity, legality, updating and nature of such content. FUNDACIÓ declares and guarantees that its Website has the technology (software and hardware) necessary at the time of its access and/or use. However, FUNDACIÓ does not guarantee the possible existence of viruses or other harmful technological elements that may cause alterations in the User’s computer systems introduced by any means by third parties. Likewise, FUNDACIÓ declares that, in relation to its Website, it has been designed, created and implemented by third parties at the request of FUNDACIÓ, and that it has adequate security systems based on current technology.
3. Privacy Policy FUNDACIÓ PRIVADA PortAventura
In accordance with the European Regulation 2016/679 General Data Protection, as well as any applicable national law, we inform you that the personal data that you provide us through the different forms and/or registration points on this Website will be processed by FUNDACIÓN PRIVADA PortAventura, as the party responsible for processing them 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 so indicated and will be kept for the period stipulated in each of the personal data collection points on this Website. We also inform you that you have the possibility of exercising the rights of access, rectification, deletion, opposition, limitation of processing and portability of your data, by written communication to the email address fundacion@portaventura.es, or to our postal address: FUNDACIÓ PORTAVENTURA, Avda. 43480, Vila-seca (Tarragona).
4. Intellectual and industrial property rights
All content on the Website (including, but not limited to, databases, images, drawings, graphics, text files, audio, video and software) is either the property of FUNDACIÓ or is authorised for its use and is protected by national and international intellectual and industrial property laws. The compilation (understood as the collection, arrangement and assembly) of all the content on the Website is the exclusive property of FUNDACIÓ or is authorised for its use and is protected by national and international intellectual and industrial property laws. All software used in the use and development of the Website is the property of FUNDACIÓ or is authorised for its use and is protected by national and international intellectual and industrial property laws. Fundació Privada PortAventura and its brands are registered trademarks owned by FUNDACIÓ. The names of other products, services and companies that appear in this document or on the Website may be registered trademarks of their respective owners. Any other use of the content of the Website, as well as its own design, configuration and form of presentation, is strictly prohibited, including, but not limited to, the reproduction, modification, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation of the same, whether for commercial or merely informative purposes. It is FUNDACIÓ’s policy not to accept creative materials, ideas or suggestions unless expressly requested, in order to avoid any confusion in the event of similarity between the ideas sent by Users and the ideas developed by FUNDACIÓ. To this end, we request that you do not send us any type of original material or idea. Any communication made will not be treated confidentially and may be used by FUNDACIÓ for any purpose, including, but not limited to, the reproduction, modification, distribution, commercialization, transmission, subsequent publication, exhibition or total or partial representation of the same.
5. Links to other websites
The Website may make available to Users technical linking devices such as, among others, hypertext links, banners, buttons, directories and any other search tool that allows the User to access websites other than the Website or third-party websites (hereinafter, links). The installation of said links has the sole purpose of facilitating Users’ access to available information offered by third parties. These links do not imply control or acceptance and/or approval by FUNDACIÓ of the content or services offered therein and made available to the User. Therefore, the User must exercise extreme caution in the evaluation and use of said links, and FUNDACIÓ is exonerated from all liability in relation to the information, data, files, products, services and any kind of material existing on the pages accessed through said links. The inclusion of links or connections of any kind to other websites does not imply that FUNDACIÓ promotes, endorses, guarantees or recommends said sites. The links included in the FUNDACIÓ Website are only offered as informative references, without any type of assessment of the content, ownership, services or products offered from them.
6. Website Links
Any link, in the terms defined in the previous Clause, established between any website and the Website does not imply, by its mere existence, any legal relationship between the Website and the website that incorporates said link, nor does it imply the knowledge and acceptance by FUNDACIÓ of its existence and content. FUNDACIÓ does not guarantee or assume any type of responsibility for damages of any nature that may arise from the use of the services and content existing on the website on which the link to the Website appears..
7. Limitations of liability
This Website has been prepared in good faith by FUNDACIÓ with information from internal and external sources and is offered to Users in its current state, and may contain inaccuracies or errors. FUNDACIÓ makes no representations or offers any kind of guarantee, whether explicit or implicit, regarding the operation of the Website or the information, content, software, materials or products included therein or on which its operation is based. To the extent permitted by applicable law, FUNDACIÓ is exonerated from any liability, whether explicit or implicit. FUNDACIÓ shall not be liable for any damages or losses of any kind that may arise from the use of this Website, including, among others, damages of any kind that may occur either directly or indirectly and, in particular, those that may arise from the interruption of the service by the Website as well as its continuity. Likewise, FUNDACIÓ is not responsible for any possible errors or security deficiencies that may occur due to the user using a browser that is not up-to-date or insecure, or for the activation of devices to store the user’s passwords or identification codes in the browser, or for any damage, errors or inaccuracies that may arise from the browser’s malfunction. The User shall be liable for any damages of any kind that FUNDACIÓ may suffer as a direct or indirect consequence of the User’s failure to comply with the General Conditions and in particular with the specific conditions.
8. Nullity and ineffectiveness of clauses
If any clause of these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only the provision or part thereof that is null or ineffective, with the rest of the General Conditions remaining in force and such provision or the part thereof that is affected being considered as not included, unless, because it is essential to these General Conditions, it should affect them in an integral manner.
9. Applicable law and jurisdiction
These General Conditions, as well as the specific conditions and all those relations that may arise from the access and use of the Website between the User and FUNDACIÓ shall be interpreted and governed in accordance with Spanish law. For any dispute arising from the existence, access, use or content of the General Conditions or specific conditions, both parties, expressly waiving any other jurisdiction that may apply to them, submit to the exclusive jurisdiction and competence of the Courts and Tribunals of the city of Tarragona.