I.- OWNERSHIP OF THE PORTAL
PARQUES REUNIDOS, S.A. (hereinafter, PARQUES REUNIDOS) registered address at Madrid, Paseo de la Castellana, 216 planta 16 28046 Madrid and C.I.F. A-28.197.002. registered at Companies House of Madrid in Book 2.491, Folio 163, page M- 43.550 is the owner of the portal www.aquopolis.com, (hereinafter, the Portal) and makes the same available to Internet Users, in order both to provide information about the products and offers both of Parques Reunidos and of its subsidiaries (hereinafter, GRUPO PARQUES REUNIDOS), and to permit the provision of various ticket- and season card-purchasing services through the Portal.
Customer Service: 961 738 052.
II.- GENERAL CONDITIONS OF CONTRACT
These General Conditions of Contract shall expressly regulate the relationship arising between PARQUES REUNIDOS and/or, where applicable, its subsidiaries and the Users that purchase the provision of the services or products offered through the Portal.
These General Conditions have been drawn up according to what is set out in Law 34/2002, regarding Services of the Information Society and Electronic Commerce, Law 7/1998 regarding General Conditions of Contract, Royal Decree 1906/1999 regulating Telephonic or Electronic Contracting with General Conditions pursuant to article 5.3 of Law 7/1998, Legislative Royal Decree 1/2007, of 16 November, passing the consolidated text of the General Consumer and User Protection Act and other complementary laws, the Royal Decree-Law 14/1999 regulating Electronic Signatures and whatever legal provisions may be applicable.
This document is accessible at all times in the online purchase section of the Portal of PARQUES REUNIDOS and may be printed and stored by the User.
1. INFORMATION PRIOR TO PURCHASING
The purpose of these General Conditions of Contract is to regulate the General Conditions for providing the services offered by PARQUES REUNIDOS through www.aquopolis.com. The services that PARQUES REUNIDOS currently provides and which are the subject of the contract with the Users the sale of certain types of tickets and Season Cards for the leisure parks managed by PARQUES REUNIDOS as well as, where applicable, of other products offered through the Portal.
The products and services offered by PARQUES REUNIDOS may be purchased by any Users that reside in Spain or in another Member State of the European Union or of the European Economic Area and by those Users to whom, while residing in a State not belonging to the European Union or European Economic Area, Spanish legislation is applicable.
The purchase of GRUPO PARQUES REUNIDOS tickets and Season Cards as well as any other products offered through the Portal is for good and valuable consideration, and the price of each ticket or Season Card (including taxes) is determined at that moment in the Portal.
Access to the information contained in the Portal is not subject to any payment.
The User accepts that the information contained in the Portal, the general information about the catalogue of tickets and Season Cards, as well as all the other products offered in the Portal and the General Conditions of Contract and conclusion of the contract, are sufficient to exclude error in the formation of consent.
To use the various purchase services offered in the Portal, the User must follow all the indications and instructions given at each point of the purchasing process on the screen (PURCHASE), by filling out for these purposes the information required by the forms in the Portal, which shall entail reading and accepting beforehand all the General Conditions of Contract set out therein, such that the User affirms that he/she knows and accepts said procedures to be necessary to access the products and services offered in the PURCHASE section of the Portal.
The User shall finalise his/her purchase by completing all the steps set out in the PURCHASE section and sending it electronically. These General Conditions of Contract shall form part of the contract at the moment they are expressly accepted by the User, as indicated by filling out and sending the purchase data entered in the PURCHASE section.
The use of any of the services in the Portal entails the acceptance as a User, without any reservations whatsoever, of each and every one of the General Conditions for Use of the Portal as well as of the General Conditions of Contract and, where applicable, the Specific Contract Conditions that, having been made available to the User prior to the completion of his/her purchase, regulate the purchase of Season Cards as well as the purchase of any other products and services offered through the Portal.
1.2 Documentation and language
These General Conditions of Contract are accessible at all times in the online purchase section of the Portal of PARQUES REUNIDOS and may be printed and stored the User.
In the case of the purchase of tickets, once the purchase process has been completed, the User shall receive by email a purchase receipt (the “Receipt”) with a barcode with shall be the ticket to the selected leisure park. Said ticket may not be photocopied, tampered with or damaged for it shall be immediately cancelled.
The ticket purchased through the Portal shall be valid for use within the four (4) months following the purchase date, as long as it is within the period of being open.
In the case of the purchase of Season Cards or of any other products and/or services offered through the Portal which other than the purchase of tickets, the User may also receive by email the Purchase receipt. Moreover, he/she shall be informed in the Portal of the Specific Contract Conditions of said products or services before they are purchased.
Upon issuing the Receipt, it shall be understood that all the requirements to make available the document substituting the receipt have been fulfilled, according to Royal Decree 1496/2003 of 28 November, passing the Regulations regulating invoicing obligations.
Once the purchase process made available through the Portal is completed and the corresponding Receipt has been obtained, no exchanges or returns shall be allowed.
These General Conditions of Contract are drafted in the Spanish language.
1.3 Technical means
The Portal shall make available to the User all technical means necessary to identify and correct errors in the entry of his/her data in the various forms that shall appear on the screen during the purchase process.
1.4 Modification of the General Conditions of Contract
PARQUES REUNIDOS reserves the right to modify at any time these General Conditions of Contract or, where appropriate, the applicable Specific Contract Conditions or any other general or specific applicable conditions, regulations or warnings. The duty to notify the Users shall be taken to have been fulfilled upon modifying the General Conditions set out in the Portal of PARQUES REUNIDOS.
In any case, before contracting for products or services, it shall always be possible to consult the General Conditions of Contract and, where appropriate, the applicable Specific Contract Conditions. Furthermore, we reserve the right to modify at any time the presentation, configuration and location of the Website, as well as the contents and the conditions required to use the same.
2. PROTECTION OF PERSONAL DATA
The personal data that the User fills out here, as well as any other data that are generated afterwards as a consequence of his/her relationship with us, shall be included in files of which Leisure Parks SA, (registered address at Paseo de la Castellana, 216 planta 16 28046 Madrid, email: firstname.lastname@example.org) and its parent company Parques Reunidos, S.A.U. (registered business address at Paseo de la Castellana, 216 planta 16 28046, Madrid, Spain; email: email@example.com) are joint controllers (the “Controllers”). The data shall be handled for the development, maintenance and control of the User’s relationship with us and, in particular to manage his/her purchase of tickets or other products, as well as to process the requests that the User makes of us and to save the communications to improve our service and for statistical purposes.
To exercise your right to access, rectification, cancellations and opposition in the terms set out in law, send an application in writing to the Controllers, indicating in the subject “ARCO Application- Department of Marketing” and attaching a document that proves your identity.
IF YOU ARE LESS THAN 14 YEARS OLD, WE NEED YOUR PARENTS’ CONSENT. To that end, we will get in touch with them and we will ask them to confirm that they are your parents or guardians and their consent and, then, we shall be able to accept your application.
III.- APPLICABLE LEGISLATION. SUBJECTION TO JURISDICTION
These General Conditions of Contract and, where appropriate, the applicable Specific Contract Conditions, shall be regulated by Spanish law, which shall be applicable in what is not set out in this contract regarding interpretation, validity and execution.
The parties expressly waive their right to proceed in any jurisdiction that may correspond to them and agree to be subject expressly to the Courts of Madrid to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.