This contract takes the form of General Contracting Conditions (hereinafter, GCC) which regulate the use of the website, www.visitvalencia.com (hereinafter, the Site) and the services supplied by TURISMO VALÈNCIA CONVENTION BUREAU (hereinafter, TURISMO VALENCIA); its purpose and other conditions are established below. For the use of the Site and subscription to and effective registration for the services offered by the Company, it is necessary to read, understand, and accept these Conditions and the Legal Notices which supplement them, and to fill out the corresponding subscription forms.
TURISMO VALÈNCIA is a foundation with registered offices in Valencia at Avenida de la Cortes Valencianas 41- 46015 Valencia, and the contact e-mail address firstname.lastname@example.org
TURISMO VALÈNCIA is duly registered in the Foundations Register of the Autonomous Community of Valencia.
The Legal Notice that TURISMO VALÈNCIA places at your disposal through the Site forms part of the GCC, which it completes and supplements.
1. OBJECT OF THE CONTRACT
This agreement is made between TURISMO VALÈNCIA and the User, who mutually acknowledge their legal capacity to use and enter into this contract and to be bound in the respective capacities in which they act, and they agree on the following GCC applicable to the use of the Site and the services offered through it.
The services offered through the Site are for the User’s exclusive use, due to which, under no circumstances may he/she sell or distribute them to third parties.
2. DESCRIPTION OF THE SERVICE
The User will find each of the services that TURISMO VALÈNCIA offers you described on the Site.
3. USE OF THE SITE
In accordance with these GCC, the Company places the Site at the User’s disposal in order for him/her to make use thereof.
Whenever registering or supplying personal data is a requisite for accessing any of the services offered by TURISMO VALÈNCIA, when said data are collected, the treatment and, where applicable, the cession of or access to the User’s personal data shall be subject to that set forth in the Legal Notice, which the User may access through the Site, and which shall form an essential part of these GCC.
The access to and use of the Services require the opening of an account with TURISMO VALÈNCIA and the use of a user name and a password or key.
The User undertakes to protect the keys and make personal use thereof and, if he/she should learn that any third party may have had access to them, or may have accessed the Site or Service in his/her name and without his/her consent, he/she must notify TURISMO VALÈNCIA of this circumstance immediately. Failure to do so shall empower TURISMO VALÈNCIA to resolve the contract unilaterally and with no type of compensation for the User.
The User shall be held entirely responsible for the access to and correct use of the Web Site, subject to the current legislation in Spain, as well as the principles of good faith, morality and public order, and he/she undertakes to comply conscientiously with any addition instruction which, regarding said use and access, may be given to him/her by TURISMO VALÈNCIA .
The User is obliged to make reasonable use of the Web Site and its contents, in line with the possibilities and objectives for which it was conceived. TURISMO VALÈNCIA shall not be held responsible, either directly or indirectly, for any improper use of the Site or the contents thereof by the User; the latter shall assume, in all cases, and under his/her exclusive responsibility, any consequences, damages or actions which may derive from his/her use of the Web Site or of the contents thereof, as well as of their reproduction or communication.
It is strictly forbidden ⎯and thus the consequences shall be the sole responsibility of the User⎯ to access or use the Web Site and its content for illegal or unauthorised purposes and, more specifically, without the following list being exhaustive: the violation in any form of the fundamental rights of honour, image and personal and family privacy of third parties and, especially, of minors; the violation of the right of secrecy in communications; the infraction of industrial and intellectual property rights and the regulations governing the protection of personal data. Similarly, the User shall undertake to refrain from publishing, divulging, advertising or distributing any material or information that may be illegal, obscene, pornographic, abusive, defamatory, misleading, racist, or which may contravene morality or public order in any way, as well as from introducing any type of computer virus, defective files, or any other type of computer program which may result in damages or alterations to the contents, programs or systems of TURISMO VALÈNCIA .
Similarly prohibited is the use of the Web Site for the massive and/or repetitive remittance of unsolicited emails, advertisements or commercial communications, or for the collection of data to such an end.
TURISMO VALÈNCIA reserves the right to withdraw any content that is allegedly or explicitly illegal, either under its own exclusive judgement, or at the request of an affected third party or competent authority. Said withdrawal shall not result in the right to any type of compensation.
4. REGISTRATION FOR THE SERVICE
For the provision of the Service, the User is aware of and accepts that he/she must proceed to the activation thereof on the Site. The Service activation date shall, for all purposes, be taken as the date of the acceptance of these GCC.
In order to make an order, the User must adhere to the online purchase procedure and click on "Purchase". The User will then be sent an e-mail acknowledging receipt of his/her order ("Order Confirmation”).
It should be borne in mind that this does not mean that the order has been accepted. All orders are subject to the Company’s approval and it shall confirm acceptance by sending the User an e-mail in which it confirms that the product is being sent (Dispatch Confirmation).
The contract for the purchase of a product shall only be considered formalised on remittance of the Dispatch confirmation.
Only those products listed in the Dispatch Confirmation shall be the objects of the Contract. The company shall not be under any obligation to supply the User with any other product which may have been the object of an order until it confirms the dispatch thereof in an independent Dispatch Confirmation document.
5. OBLIGATIONS OF THE PARTIES
5.1. Obligations of the User: As from the date of the Activation of the Service, the User shall be obliged to:
5.1.1. Inform TURISMO VALÈNCIA immediately of any change that may arise in the data supplied.
5.1.2. Refrain from ceding this Contract to third parties, without the prior, express permission of TURISMO VALÈNCIA . The user shall be solely responsible for the use of the Site and the Service, pursuant to the legislation currently in force and to these GCC, and must monitor the use made thereof by any person in his/her charge, or any person he/she may have authorised.
5.1.3. Accept that data transmitted over the Internet are not subjected to any sort of protection, and that the use of the Site and the provision of the Service may entail the risk (unlikely, but possible) of interception by third parties, taking into account that Internet security measures are not impregnable.
5.1.4. Accept that TURISMO VALÈNCIA shall not be held responsible for any loss or damage, including loss of earnings that the User might bear as a result of the failure or crash of any telecommunications infrastructures that may be beyond the responsibility of TURISMO VALÈNCIA .
5.1.5. To authorise TURISMO VALÈNCIA to make, at its discretion and at the time intervals considers appropriate, back-up copies of the data stored by the User, to be restored in the case of loss or corruption.
5.1.6. Accept that the User is solely responsible for any data on him/her which somebody in his/her name, or third parties, may upload or store on the Site that TURISMO VALÈNCIA places at his/her service.
5.1.7. Authorise the provision of the Service that is the object of this Contract to third companies subcontracted by TURISMO VALÈNCIA .
5.1.8. Use the content in a diligent, proper and lawful manner and, in particular, to undertake to refrain from: (i) using the contents for purposes or effects that contravene the law, morality, and generally accepted good customs or public order; (ii) reproducing or copying, distributing, permitting public access through any type of public communication, transforming or modifying the contents, unless authorisation has been obtained from the owner of the corresponding rights or it is legally permitted; (iii) using the contents and, in particular, information of any type obtained through the Site or from the services for sending advertisements, communications for direct sales or any other type of commercial purpose, unsolicited messages addressed to multiple persons regardless of their purpose, as well as abstaining from commercialising or divulging said information in any manner.
5.2. Obligations of TURISMO VALÈNCIA : As from the date of the Activation of the Service, the TURISMO VALÈNCIA shall be obliged to:
5.2.1. Permit the user access to the Site and provide him/her with the Service included in the present GCC.
5.2.2. Provide the Customer Attention Service via the e-mail address: email@example.com
5.2.3. Ensure the operation of the Service for the User’s use, except for temporary interruptions for maintenance operations thereupon. The user will, as far as possible, be given sufficient notice of said interruptions. The above obligation shall not be applicable to TURISMO VALÈNCIA in cases of force majeure or in the case of the network employed to provide it crashing, and this being beyond the Company’s control. TURISMO VALÈNCIA cannot guarantee the User continuous, uninterrupted access to the Service, as the provision thereof depends on the infrastructure of third-party operators beyond the sphere of control of TURISMO VALÈNCIA .
5.2.4. Keep and guarantee communication secrecy, within the aforementioned technical limitations, with the exception of requests from the competent legal or administrative authority, pursuant to that set forth in the current regulations, in which case, the right is reserved to furnish the information requested by them without prior notification.
5.2.5. Deal with any complaints regarding the operation, price, invoicing, quality, or any other matter which may arise, regarding the use of the Site and the provision of the Service. These must be addressed in writing to the registered office of TURISMO VALÈNCIA within ONE (1) MONTH from the moment when the user learns of the event that caused them, by contacting Customer Services ⎯placed at the user’s disposal in the current GCC⎯ in writing at the registered address of TURISMO VALÈNCIA.
6. PRICE AND PAYMENT
The price of products shall be that which is stipulated at each moment on the Web Site, except in the case of a clear error. In spite of the fact that the Company attempts to ensure that all prices appearing on the webpage are correct, from time to time there may be errors. If the Company detects an error in the price of the products that the User has ordered, it shall inform him/her forthwith, and he/she shall be given the option of reconfirming his/her order at the correct price or cancelling it. If the Company is not able to contact the User, the order shall be considered cancelled, and any sums that may have been paid will be fully refunded.
The Company shall not be obliged to supply the User with the product(s) at an incorrect lower price (even if the Dispatch Confirmation has been remitted) if the error in price is patent and unequivocal and could reasonably have been recognised by the User as an incorrect price.
Prices on the webpage are inclusive of VAT, but exclusive of dispatch costs; these shall be added to the total amount, as explained in the Dispatch Cost clause.
Prices may vary at any time, but (except for that established above) any possible changes shall not affect those orders for which a Dispatch Confirmation document has been remitted.
Once the User has made his/her purchases, all the articles desired will have been added to his/her shopping cart, and the next step is to process the order and effect payment.
Credit cards are subject to checking and authorisation by the card issuer, but if said entity should not authorise payment, TURISMO VALÈNCIA shall not be held responsible for any delay or non-delivery, and the Company will not be able to formalise any Contract with the User.
7. REFUSAL TO PROCESS AN ORDER
TURISMO VALÈNCIA reserves the right to withdraw any product from this Web Site at any time and/or remove or modify any material or content therein. Although the Company will do everything possible to process all orders, there may be exceptional circumstances that oblige it to refuse to process a certain order after having sent the Order Confirmation, and the Company reserves the right to do so at any moment, at its sole discretion.
The Company shall not be held responsible to the User or any other third party for having withdrawn any product from this Web Site, regardless of whether said product has been sold or not, withdrawing or modifying any material or content on the Web Site, or refusing to process an order once the Order Confirmation has been remitted.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
TOURISM VALÈNCIA is the owner of all intellectual and industrial property rights of the Web Site. Any form of reproduction, distribution, public communication, modification and, in general, any act of exploitation of all or part of the content (images, texts, design, indexes, forms, etc.) that comprise the Web Site, including databases and the software required for the viewing and operation thereof, for which the express written authorisation of TURISMO VALÈNCIA has not been obtained, is prohibited.
The user shall, under no circumstances, exploit or make commercial use, either directly or indirectly, totally or partially, of any of the contents (images, texts, design, indexes, forms, etc.) that comprise the Web Site without the prior written authorisation of TURISMO VALÈNCIA.VALÈNCIA TOURISM.
All technical, logical or technological resources by means of which a third party may benefit, directly or indirectly, profitably or not, from the contents of the Web Site are prohibited. Specifically, no link, hyperlink, or similar to the URL of Web Site may be inserted without prior, express authorisation from TURISMO VALÈNCIA.
10. CHANGES AND MODIFICATIONS TO THE SITE
TURISMO VALÈNCIA may change, suspend or eliminate any aspect of the site, such as access to specific functions, databases, products, services or Site contents (as defined below), whenever it deems it appropriate. TURISMO VALÈNCIA may also set limits on certain functions and services, or restrict access to all or certain parts of the site, without prior notice. TURISMO VALÈNCIA shall correct any faults that are detected, and it reserves the right to revoke any clearly erroneous offer and to correct any errors, inaccuracies or omissions there may be, even after an order has been placed.
The Site may contain links and suggestions for visiting other Internet pages, resources and sponsors on the entire World Wide Web. Links to and from the Site to other pages maintained by third parties do not constitute a recommendation by TURISMO VALÈNCIA, or by its subsidiary or affiliated companies, of resources or content from other companies.
12. CHANGES AND MODIFICATIONS TO THE CONDITIONS
TURISMO VALÈNCIA may, at any time, modify these GCC, or introduce new conditions of use, needing only give thirty (30) days’ notice on the Site. Said modifications will only be applied after they have come into force.
In the case of a regulatory action, legal or regulatory measure which, in the reasonable judgement of TURISMO VALÈNCIA , prohibits, substantially restricts or renders commercially unviable the Services that are the object of this Contract, TURISMO VALÈNCIA shall be authorised to: (i) modify the Services or the terms and clauses of this Contract for the purpose of adapting it to the new circumstances, (ii) terminate the Contract.
TURISMO VALÈNCIA shall be exempt of any liability deriving from the actions described in said clauses, provided it publishes any modifications on the Web Page, giving at least THIRTY (30) days' notice before said modifications come into force, except when for legal reasons they must come into effect immediately.
In the case of there being any modifications to the Service or the GCC, and the User does not express his/her opposition to said changes in writing and within the period established in the previous section, and he/she continues to use the Service, it shall be understood that the new conditions have been accepted.
If any of Conditions contained herein or any regulation from a Contract should be considered invalid, illegal or unfeasible, said regulation shall be eliminated, without this action affecting the remaining conditions and regulations, which shall continue to be valid and in force.
13. APPLICABLE LAW AND JURISDICTION
This Contract, as well as the validity and execution thereof, shall be interpreted and executed in accordance with Spanish law.
The parties agree to subject any disputes to the jurisdiction of the Courts of València
In the event of any of the regulations on this Contract being declared totally or partially null, invalid or ineffective owing to a legislative modification, said regulation shall be redrafted to reflect, as far as possible, the original intention of the Parties, pursuant to the applicable law; the remainder of the Contract shall remain in full force and shall be fully effective.