1. IDENTIFICATION DETAILS OF THE OWNER
The site accessible through www.hoponhopoff.barcelonatickets.org (hereinafter, the “Website” or the “Web“) is owned by the trading company , with Tax Identification Number , registered at Calle Balmes nº 32, Principal 2ª, C.P. 08007, Barcelona (Spain), registered at the Companies House of (Barcelona) under Volume 47314, Folio 29 (hereinafter, the “Owner“), and with a contact form at the address: https://barcelonatickets.org/contact.
These conditions of use (hereinafter, the “Conditions of Access and Use“) regulate the rights and obligations of the Owner and the users of the Website (hereinafter, the “User” or the “Users” as appropriate) in relation to access, browsing and use of this Website. The Owner of this Website places atthedisposal of Users an electronic channel that provides generic information on the Hop On Hop Off Tour (hereinafter, the “Hop On Hop Off“), and allows Users to contract the services of the Owner consisting of providing management, advisory, processing, follow-up and customer service of a worthy nature, and customer service of a purely administrative nature for the purchase of tickets to the Hop On Hop Off through the corresponding voluntary, express, special and remunerated mandate, the contracting of which by the User shall be governed by the provisions of the terms and conditions of the contract (hereinafter the “Terms and Conditions“). For the purposes of clarification, the Owner at this moment states the following: (i) that the Website is not an official platform for the sale of Hop On Hop Off tickets, and (ii) that there is no legal relationship whatsoever with the Ajuntament de Barcelona or with any of its authorized distributors. In this regard, and without prejudice to the provisions of these Conditions of Access and Use, the contracting of any paid service offered by the Holder shall be governed by the Terms and Conditions provided for this purpose.
3. ACCESS AND APPROVAL
Access to the Website is free of charge except for the cost of the connection through the telecommunications network supplied by the access provider contracted by the Users and in relation to the purchase of the Owner’s services which, as mentioned above, shall be governed by the provisions of the Terms and Conditions.
The use of the Website confers the condition of the User and implies acceptance of all the terms and conditions included in these Conditions of Access and Use. The provision of the Website service is limited to the time at which the User is connected to the Website or to any of the services provided through it. Therefore, the User must read these Conditions of Access and Use carefully each time the Website is used, as the Website and its Conditions of Access and Use may undergo modifications. In this regard, the Owner reserves the right to unilaterally make the modifications it deems appropriate to its Website, being able to change, delete or add both the contents and the services provided through it, without there being any obligation to give prior notice or inform the Users of such modifications, with the publication on the Website being understood to be sufficient.
Access to the Website by minors is prohibited. However, in the event of access to the Website by a minor, the Owner shall understand that such access has been made with the express prior consent of their parents, guardians, or legal representatives, without prejudice to the Owner’s right to make any verifications and checks it deems appropriate for this purpose.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents on the Website, including, but not limited to, text, photographs, graphics, images, icons, technology, software, links, and other image or sound content, as well as its graphic design and source codes (hereinafter, the “Content“), are the property of the Owner or its content providers, whereby, in the latter case, they have been licensed or assigned by them, and are protected by Spanish and international intellectual and industrial property regulations, and none of the exploitation rights recognized by current intellectual and industrial property regulations thereof may be understood to have been assigned to the User, except those that are strictly necessary for the use of the Website.
Trademarks, trade names, or distinctive signs are property of the Owner or third parties, and access to the Website may not be understood as attributing any right over the aforementioned trademarks, trade names, and/or distinctive signs.
5. CONDITIONS OF USE OF THE WEBSITE
5.1 GENERAL RULES
The User is aware and voluntarily and expressly accepts that the use of the Website is under his sole and exclusive responsibility.
The Owner declares that access to or use of the Website for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the User. In particular, and without the following list being of an absolute nature, the User undertakes to refrain from any of the following conducts:
The use of the Website in a way that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer systems of any third party or the Owner.
Attempt to access e-mail accounts or restricted areas of the Owner’s computer systems or third parties in order to extract information.
The use of the Website for the transmission, installation, or publication of viruses, malicious codes, or other harmful programs or files.
The use of the Website to collect personal data on other users.
Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defense of terrorism, that violates human rights, or, in general, that is contrary to Law or public order.
Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website.
Carry out any action that causes disproportionate or unnecessary saturation to the Website’s infrastructure or in the systems or networks of the provider, as well as to the systems and networks connected to the Website.
The User shall be liable to the Owner or third parties for any damages that may be caused as a result of a breach of such obligations.
Furthermore, the Owner does not guarantee that the Website complies, in whole or in part, with the laws of other countries. Therefore, if the User resides or is registered in a country different from Spain, and decides to access and/or browse this Website, this will be done at his/her own risk and responsibility and must ensure that such access and/or browsing comply with the local legislation applicable.
The User undertakes to use the Contents in accordance with the Law and the hereby Conditions of Access and Use. By way of example, but not limited thereto, the User, in accordance with current legislation, must abstain from carrying out any of the following conducts or actions:
Reproducing, copying, distributing, making available, publicly communicating, transforming, or modifying the Contents except in cases authorized by law or expressly consented to by the Owner or by whoever holds the ownership of the exploitation rights, as the case may be.
Reproducing or copying for private use any Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply their reproduction by the User or a third party.
Extracting and/or reusing all or a substantial part of the Contents of the site that the Owner makes available to Users.
Any use of the Contents of the Website that is made without the authorization of the Owner, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public communication, or total or partial representation, which, if they occur, will constitute infringements of intellectual property rights, punishable by law.
5.3 INTRODUCTION OF LINKS TO THE WEBSITE
The User and, in general, any natural or legal person who intends to establish a hyperlink or technical linking device (for example, links or buttons) from their website to the Website (hereinafter, the “Hyperlink“) must obtain prior written authorization from the Owner.
The creation of a Hyperlink does not imply the existence of a relationship between the Owner and the owner of the site or web page on which the Hyperlink is established, nor the acceptance or approval by the Owner of its contents or services.
In any case, the Owner reserves the right to prohibit or disable any hyperlink to the Website at any time, especially in cases of the unlawfulness of the activity or contents of the website in which the Hyperlink is included.
6. DISCLAIMER OF LIABILITY
6.1 REGARDING INFORMATION
Access to the Website does not imply the Owner’s obligation to verify the truthfulness, accuracy, adequacy, suitability, completeness, and timeliness of the information provided on it. The contents of the Website are of a general nature and do not constitute, in any way, the provision of an advisory service of any kind, so such information is insufficient for making personal or business decisions by the User.
The Owner shall not be liable for decisions taken based on the information provided on the Website or for any damages caused to the User or third parties as a result of actions based solely on the information retrieved from the Website.
6.2 REGARDING THE QUALITY OF THE SERVICE
Access to the Website does not imply the Owner’s obligation to control the absence of viruses, software, or any other harmful computer element. It is up to the User, in any case, to have adequate tools installed on their device for the detection and disinfection of harmful computer programs or software.
The Owner shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Website service.
6.3 REGARDING THE AVAILABILITY OF THE SERVICE
Access to the Website requires services and supplies from third parties, including transport through telecommunication networks whose reliability, quality, continuity, and operation are not the responsibility of the Owner. Consequently, the services provided through the Website may be suspended, canceled, or become inaccessible, prior to or simultaneously with the provision of the Website service.
The Owner shall not be liable for damages of any kind caused to the User as a result of failures or disconnections to telecommunication networks that cause the suspension, cancellation, or interruption of the service of the Website during the provision thereof or prior thereto.
6.4 REGARDING THE CONTENTS AND SERVICES LINKED THROUGH THE PLATFORM
The Website makes available to the User, solely for the purpose of searching for, and access to, information, content, and services available on the Internet, hyperlinks or technical linking devices (e.g. links or buttons), which allow the User to access Internet sites or portals belonging to or managed by third parties (hereinafter, the “Linked Sites“).
The Owner does not offer or market by itself or through third parties the information, content, and services available on the Linked Sites, nor does it approve, supervise or control in any way the content and services and any material of any nature existing on them, whereby the User assumes exclusive responsibility for browsing through them.
In the event that the User becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent, or contrary to morality, he/she may contact the Owner indicating the following:
Personal details of the informer: name, address, telephone number, and e-mail address
Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
Express a declaration that the information contained in the complaint is accurate.
The receipt by the Owner of the communication provided for in this clause shall not imply, in accordance with the provisions of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce, an effective knowledge of the activities and/or contents stated by the communicating party.
7. DATA PROTECTION
8. APPLICABLE LEGISLATION AND JURISDICTION
These Conditions of Access and Use are governed by Spanish common law and, unless otherwise established in the applicable regulations (including consumer and user regulations), any dispute shall be submitted by the parties to the judges and courts of the city of Barcelona (Spain).
To file complaints regarding the use of the services provided on the Website, the User may send an email or letter to the physical address indicated in section 1 above (“OWNER’S IDENTIFICATION DETAILS“), and the Owner undertakes to seek at all times an amicable solution to the conflict.