1. HOLDER’S IDENTIFICATION DATA
The site accessible through www.park.barcelonatickets.org (hereinafter, the “Web Site” or the “Web”) is owned by the commercial company 
, with Tax Identification Number 
, registered office at Calle Balmes nº 32, Principal 2ª, C.P. 08007 in the city of Barcelona (Spain), registered in the Commercial Registry of (Barcelona) in Volume 47314, Folio 29 (hereinafter, the “Owner”), and with contact form at the email address: [email protected]
For clarification purposes, the Holder states the following: (i) That the Website is not an official ticket sales platform for the Park Güell (hereinafter, the Monument), but rather that it provides a management, advisory, processing, follow-up and customer service service of a merely administrative nature, for the purchase of tickets to the Monument through the corresponding voluntary, express, special, remunerated and representative mandate, and (ii) That there is no legal relationship whatsoever with the company, entity or institution that owns and/or manages the Monument or with any of its authorized distributors.
2. OBJECT
The purpose of these contracting conditions (hereinafter the “Contracting Conditions”) is to expressly regulate the conditions applicable to the contracting process carried out by the users of the Website (hereinafter the “User” or the “Users” as appropriate) of the service offered by the Holder through its Website.
3. DURATION
These Terms and Conditions shall remain in force and shall be valid for as long as they are accessible through the Website, notwithstanding that the Owner reserves the right to modify them, without prior notice, as well as any of the legal texts that are exposed on the Website. In any case, access to the Website after its modification, inclusion and / or replacement, implies acceptance of them by the User.
The User is subject to the Contracting Conditions in force at each of the moments of the corresponding contracting, not being possible to contract a service without the previous acceptance of the present Contracting Conditions. The temporary validity of the Contracting Conditions coincides with the time of their exposure, until the moment in which they are totally or partially modified. The new Contracting Conditions will be applicable from the moment they are available to the User, and are thus fully accessible.
All service contracts made through the Web Site shall be considered validly made by the User, and shall be binding.
4. PARTICIPANTS
The electronic contracting process through the Website will be carried out between the User and the Contractor. Also, shall be considered as Users of the Website, those natural persons of legal age, resident or not in the territory of the EU who accept these Terms and Conditions of Contract. The contracting of the service through the Website by minors or by Users who do not meet the requirements set forth in these Terms and Conditions is expressly prohibited. Furthermore, the contracting of the service through the Web Site by a minor shall be understood to be carried out under the supervision and authorization of his or her parents, guardians or legal representatives.
5. SERVICES AND EXPRESS MANDATE
Through the Website, the Proprietor makes available to the Users a service of management, advice, processing, monitoring and customer service of a purely administrative nature, which consists of the acquisition of tickets to the Monument through the corresponding voluntary, express, special, paid and representative mandate in the terms set out below. For merely clarifying purposes, it is made clear that the Holder in no case sells or resells the tickets to the Monument, nor makes available to the User a service of electronic sale of the same, since the Holder does not acquire the tickets to the Monument to later resell them to the User, but acquires them as a representative of the same through the corresponding voluntary, express, special, remunerated and representative mandate, circumscribing the commercial activity of the Holder to the provision of a service of management and customer service.
In addition, the service provided by the Holder has a wide added value, which is substantiated in all of the following:
a) The Contractor provides the User with a free prior consultation service, prior to contracting. Thus, if the User wishes to obtain any type of information related to the tickets of the Monument, he/she will be advised beforehand and free of charge by e mail.
b) The Holder will verify that the data entered by the User in the corresponding form are consistent with the contracted service. If necessary, the Holder will contact the User again in order to verify them, before starting the entrusted management. This verification includes checking the data, as well as the existence of spelling or typographical errors.
c) The Holder provides a personalized service.
d) The Contractor has a wide experience in the field of reference, which implies that it is in disposition and that it has sufficient and adequate means to achieve the success of the contracted service.
e) The Contractor assumes the responsibility for the correct execution of the entrusted management, thus ensuring that it is completely adjusted to the needs of the User, and therefore maintains an express and clear commitment on the delivery time of the tickets to the Monument, all without prejudice to the provisions of the following stipulation 12 of these Terms and Conditions.
f) The Holder, in addition to executing the entrusted management efficiently and diligently, makes available to the User a customer service from 9 am to 7 pm 7 days a week.
g) The Holder, unlike what happens when a person acquires the tickets to the Monument in an official or authorized establishment, does guarantee the User the right of withdrawal in the terms established in stipulation 9 of the present Contracting Conditions.
By contracting the services offered by the Owner through the Website, the User confers a voluntary, express, special, remunerated and representative mandate for the entrusted management consisting of the purchase of tickets to the Monument, in the terms regulated in articles 1.709 to 1.739 of the Spanish Civil Code (hereinafter, the “Mandate”). In turn, the Website Owner accepts the Mandate and undertakes to execute it. For clarification purposes, the remuneration of the Mandate consists of a consideration for the provision of the mediation service.
6. ELECTRONIC CONTRACTING PROCESS FOR SERVICES
6.1 INFORMATION AND AVAILABILITY OF THE SERVICES OFFERED
All the information related to the service offered by the Holder is published through the Website, indicating the following:
a) Name of the management requested.
b) Information regarding the Monument’s entrances (location, opening and closing times, requirements for access to the site, etc.).
c) Personal data to be entered by the User in the corresponding form.
d) Price of the contracted service.
e) Delivery time.
6.2 PHASES OF THE E-PROCUREMENT PROCEDURE
Once the User has selected the service offered by the Holder, the User must follow the phases of the contracting process indicated below:
Phase 1: Selection of day, time and number of tickets: The User must select the day and time he/she wishes the tickets to the Monument to be valid, as well as the number of tickets. In case there is no availability for the time selected by the User, the Holder may change the time of the visit within 60 minutes of the requested time in order to ensure the delivery of the tickets to the User.
Phase 2: Introduction of data: The User, once the selection referred to in Phase 1 above is completed, must fill in the required fields in the corresponding form, i.e., his/her name and surname, e-mail address, telephone number and Nationality.
Phase 3: Completion of the request: Once the User has completed the form referred to in Phase 2 above, he/she must accept the Contracting Conditions and validate the contract by clicking on the boxes provided for this purpose. In this phase, the User will be shown on the screen the total price of the contracted service. In the event that the User does not expressly accept the Contracting Conditions by checking the corresponding box, the Website will not allow the contracting process to continue.
Phase 4: Payment of the total economic amount: The User, after checking the order form shown in Phase 3 above, must click on the “request” button, in which case he/she will be automatically redirected to the online payment platform (TPV) of the corresponding bank.
Phase 5: Confirmation of the Purchase: The Holder, once the payment of the service has been made by the User, will send a confirmation e-mail to the e-mail address indicated by the User, which will provide a summary with all the characteristics of the entrusted management, and subsequently, a second e-mail in which the tickets to the Monument will be attached. In this sense, the first confirmation e-mail will be considered as proof of payment. Likewise, by accepting these Conditions of Contract, the User accepts to receive the invoice derived from the contracting of the service from the Holder in electronic format and therefore, the Holder reserves the right to request the invoice on behalf of the User to the company, entity or institution that owns and/or manages the Monument. Notwithstanding the foregoing, if the User wishes to receive the invoice in physical format (on paper), he/she should contact customer service through the email address [email protected].
7. ECONOMIC CONDITIONS
The price shown on the Website applies exclusively to the service offered through this channel and during the time it remains published.
The price of the service is always shown in Euros and includes our management service fee, which is shown during the phases of the electronic contracting process detailed in the previous stipulation 6.2, VAT, as well as any other applicable tax, being those in force and legally applicable at that time.
In the event that the Holder identifies a manifest error in the price of the service offered on the Website, it will immediately inform the User, and will carry out the corresponding publication of the rectification of the same through the Website, with the User having the option to reconfirm his contracting at the correct price or, failing that, cancel it at no cost.
The Proprietor expressly reserves the right to modify the price of the service offered at any time, without prior notice. However, in any case, the price in force indicated on the Website at the time of contracting the service shall apply.
8. PAYMENT METHODS
In order to proceed with the payment, the User must follow each and every one of the instructions shown in Phase 4 of the electronic contracting process described above.
The means of payment provided by the Holder are subject to verifications and authorizations by the issuing entities of the means of payment (card issuers and/or payment account issuers), but if such entity does not authorize the payment, the contracting procedure initiated cannot be continued, being automatically cancelled, and the contracting of the service shall be understood as not having been carried out.
The charge for the price of the service, as well as any applicable taxes, will only be made at the time of formalizing the request.
To carry out the electronic payment, the Holder uses an e-commerce payment gateway provided by banks authorized for this purpose. All data provided to the Holder are duly encrypted to ensure maximum security and confidentiality of the same, being hosted on a secure server certified according to the protocol “Secure Socket Layer” (SSL), so that the Holder never gets to know what is the number of the credit or debit card of the User and has no possibility of storing it for subsequent collections.
Under no circumstances will the card data provided by Users through the payment gateway be stored by the Holder, and will only be retained while the service is contracted, the payment is made and until the withdrawal period has elapsed, in order to be able to return to the User the corresponding economic amounts.
9. CANCELLATION AND EXCHANGE POLICY: RIGHT OF WITHDRAWAL
In the event that the User decides to withdraw from the contract for the provision of services in accordance with the provisions of Articles 102 and related articles of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter, the “TRLGDCU”), the Holder informs the User that he/she may exercise such right within a period of fourteen (14) calendar days from the effective contracting of the service, that is, once the effective payment of the same has been made in accordance with the provisions of the previous stipulation 6.2.
The User may exercise his right of withdrawal by contacting the customer service of the Holder, directing his request through the contact email address: [email protected]. Upon receipt of the request, the customer service of the Holder will send an email indicating the procedure to follow and providing the model withdrawal form referred to in paragraph h) of Article 60.2 of the TRLGDCU, and paragraph j) of Article 97 of the TRLGDCU.
Once the request is received, the Holder will proceed to its study and assessment, and will respond to the User within a maximum period of 48 working hours. It should be noted that the study and assessment of the appropriateness of the refund will be strictly linked to the cancellation and refund policy of the monument in question, the function of the Holder being to provide a mediation service to the recipient of the tickets. In accordance with the above, the User grants the Holder the mandate to claim the refund of the price of the tickets from the seller as a consequence of the withdrawal to which he/she is entitled, and therefore the Holder is authorized to act and appear before the seller of the tickets in the name and on behalf of the User to request the aforementioned refund.
If, in accordance with the policy of the monument, the request should be accepted, the Holder will proceed to refund the amount corresponding to the price of the ticket within 14 calendar days from the date on which the User has effectively and unequivocally communicated to the User the decision to withdraw from the contract for the provision of services by the User.
However, if within this period the User has not received the refund, you should contact the Holder by sending an email to the address: [email protected] as sometimes, for technical reasons, the aforementioned period of fourteen (14) calendar days may be delayed up to ninety (90) days due to the processing of charges by banks and their payment gateways.
Finally, in the event that the User wishes to modify the day and/or time of the date of validity of the tickets to the Monument, he/she should contact the Holder by sending an e-mail to the following address: [email protected], indicating his/her reference number and the intended change. The Holder will only be able to modify the day and/or time related to the date of validity of the tickets to the Monument when the conditions of the contract applicable in each case allow it, so each request will be subject to a previous study by the Holder and all this subject to the policy of changes fixed by the Monument “.
10. CUSTOMER SERVICE
Any inquiry, suggestion, complaint or claim related to the electronic contracting of the service offered by the Holder on the Website, can be made through our customer service, whose contact details are as follows:
● E-mail address: [email protected]
● Registered office: Calle Balmes nº 32, Principal 2ª, C.P. 08007 in the city of Barcelona (Spain).
11. DELIVERY OF TICKETS TO THE MONUMENT
The documentation resulting from the management entrusted by the User to the Holder will be sent to the e-mail address provided by the User in the shortest possible time, without prejudice to the provisions of stipulation 12 below.
If after a reasonable period of time the User has not received the corresponding documentation, he/she should contact the Holder by sending an e-mail indicating his/her full name and ID card or EIN number in the following address: [email protected].
12. EXEMPTION FROM LIABILITY
The Holder cannot guarantee the technical continuity, the absence of failures or interruptions of the service of the Website or the website(s) of the company, entity or institution that owns and/or manages the Monument, from which it acquires the tickets under the Mandate. Therefore, the Holder cannot be held responsible for any eventuality arising from events beyond its control, such as the failure of the company, entity or institution that owns and/or manages the Monument to send the tickets in due time and form.
Finally, the Proprietor cannot guarantee that the Web Site will be available and/or accessible one hundred percent of the time, as well as the absence of viruses or other harmful components on the Web Site or on the server from which it provides the service, and therefore declines any liability arising from such facts.
13. DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, and in the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Privacy Policy.
14. GENERAL
The present Contracting Conditions have been exposed with due notice, in accordance with the legislation in force. Likewise, the Proprietor makes these Terms and Conditions available to the User, so that they can be stored and reproduced, thus complying with the legal duty of prior information.
The Proprietor reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, its functionalities and the contents incorporated therein.
If any of the clauses of these Terms and Conditions are declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, and the Terms and Conditions shall remain in force in all other respects, and such provision or the part of the same that is affected shall be deemed not to be in force. To these effects, the Terms and Conditions shall only cease to be valid with respect to the null or ineffective provision, and no other part or provision of the same shall be annulled, invalidated, impaired or affected by such nullity or ineffectiveness, unless it is essential to affect the Terms and Conditions in an integral manner. In these cases, the affected clause or clauses shall be replaced by another or others that have the most similar effects to those of the replaced clauses.
The headings or titles used in these Terms and Conditions are for convenience only and do not affect in any way the meaning of the provisions to which they refer.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions are governed by Spanish common law and, unless otherwise provided in the applicable regulations (including consumer and user regulations), any dispute shall be submitted by the parties to the judges and courts of Barcelona city (Spain).
Likewise, pursuant to the provisions of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Proprietor makes available to Users of the Website the following link: https://ec.europa.eu/consumers/odr/.
Through this link, Users of the Website may access the European Platform for Online Dispute Resolution (ODR). In the event that the User has had a problem with the provision of an online service, he/she may make use of this means to file any complaint in relation to the said provision of services, as well as to opt for out-of-court settlement of the dispute that has arisen.
Likewise, if the User wishes to file claims in the use of the services provided on the Website by the Holder, the User may contact by mail to the electronic or physical address indicated in paragraph 1 above (“HOLDER’S IDENTIFICATION DATA”), committing the Holder to seek at all times an amicable solution to the conflict.
