GENERAL TERMS OF USE AND ELECTRONIC PROCUREMENT

Updated in May 2018

These General Conditions of Use and Electronic Procurement, in the following “General Conditions”, govern the access and contracting of products and services by the User through the Website

www.cactlanzarote.com (hereinafter, “WEBSITE”).

The use (access, consultation or contracting of goods or services) of the website attributes the condition of website user (hereinafter referred to as “USER”). The user must carefully read these general terms of use and of electronic procurement every time the website is accessed, since these general conditions may be modified. The owner of the website reserves the right to perform, at any point and without prior notice, any modification or update of the contents and services of these general terms of use and of electronic procurement and, in general, of all the elements that integrate the design and the setup of the website.

 

Identification of the Parties

On the one hand, the local public business entity Art, Culture and Tourism Centres of the Cabildo of Lanzarote (hereinafter referred to as “CACT Lanzarote” or “CACT” indistinctly) and CIF: Q-3500356-E and address at Calle Triana 38, Arrecife, Lanzarote, CP 35500, Las Palmas. Telephone: 901 300 200. Email: info@centrosturisticos.com

And, on the other hand, the individual, henceforth the USER, who accesses the page to get information and contract the services offered through the WEBSITE. The user declares that he is of legal age (over 18 years of age) and has the legal capacity that is necessary to acquire the services offered through the WEBSITE and to use it according to the GENERAL TERMS detailed below, confirming to understand and accept said terms.

Service Description

CACT Lanzarote operates the WEBSITE and the Art, Culture and Tourism CENTRES of Lanzarote, hereinafter referred to as the CENTRES and offers and administers contents, products and services to USERS browsing the WEBSITE.

Prices

In each offer of products and/or services published on the platform or in our reservation system, you will be provided with clear and accurate information about the price of the product or service indicating any possible extra costs and terms of service, if applicable.

The prices published on our website and in the reservation system used in our CENTRES indicate the corresponding applicable taxes in each case.

CACT Lanzarote commits to update the prices and contents of the WEBSITE with the utmost diligence so that the content is verified and updated at all times. However, should there be any spelling errors for reasons beyond our control, CACT Lanzarote will make sure to remedy these as soon as possible. Furthermore, if there were errors regarding prices and a user was affected in the same involuntary way, and was not able to become aware of the said error, the CACT will maintain the price initially offered to that user.

Obligations of Users

The PRODUCTS AND SERVICES that are made available to USERS on the WEBSITE are offered on the condition that they are accepted without any modifications to any of the terms, conditions and notices that are detailed in these General Terms when accessing the WEBSITE and / or when using it in any way. USERS accept the obligation to comply with these General Terms and declare having read and understood its contents.

Read the General Terms carefully, as they contain information concerning legal rights and the limitations of such rights, as well as a section related to the legislation and jurisdiction applicable to

conflicts. If you do not accept all of the terms and conditions, you should not use the WEBSITE or hire any PRODUCT or SERVICE. Regarding all purchases and / or reservations, it will be understood that the person performing such action has the consent of any others included in the reservation before accepting these General Terms, declaring having provided the information included in the Personal Data Processing Policy included in this WEBSITE.

Changes or modifications may be made to the General Terms in future, in accordance with the terms and conditions specified herein; In such case, you understand and accept that access to the WEBSITE and its continued use after such changes have taken place, means having accepted the updated or modified General Terms. The top of this page will show the name of the updated version and date on which the last modifications to the General Terms were made. All modifications shall take effect immediately after their publication.

Make sure to check this page periodically in order to review the latest version available of the General Terms.

  • USERS are responsible for providing their data correctly during the contract processes established in the website cactlanzarote.com. The fields to make a reservation are free, so that the WEBSITE does not have any means to identify and correct errors when introducing data, therefore USERS must pay close attention when making a reservation.
  • USERS will respond, in any case, of the validity of the data provided and will be responsible for communicating any changes to CACT Lanzarote. CACT reserves the right to exclude users, who have provided false information, from the registered services, without prejudice of other actions that may proceed by Law.
  • USERS are responsible for complying with the legal requirements regarding necessary documentation in order to be able to use the means of transport that require showing identity documents in order to get on board said transport.
  • USERS must not use this WEBSITE to carry out illicit activities, contrary to good faith, to good practice, to ethics or public order.
  • USERS must not use this WEBSITE to carry out activities that would breach any regulations of intellectual and industrial property or any other applicable law.

Contract Exemptions and Limitations

We suggest you read this section carefully as it limits the responsibility the CACT may have with you regarding inconveniences that may arise in relation to your use of this website and the purchases and reservations made at our centres. If you do not understand the conditions within this section or any other part of the contract, consult a lawyer to clarify any questions before accessing and using this website or making a purchase or a reservation at any of our centres.

Information, content, software, products and services published on this website may contain inaccuracies or errors, including errors in the availability of reservations and prices. CACT Lanzarote does not guarantee the accuracy of the information and the descriptions of the products and services shown on this website (which include, but is not limited to, availability, photographs, features, inclusions and exclusions, general descriptions of products and services, opinions, scores, etc.). Nor does it accept any responsibility for errors and inaccuracies in such information and descriptions of such products and services. In addition, CACT Lanzarote explicitly reserves the right to correct any error of availability and prices on our website and / or pending reservations made with incorrect prices.

By virtue of the above, you will make use of this WEBSITE and will contract products and services offered, at your own risk, and CACT Lanzarote (including management and employees) will, under no circumstance, be responsible for any type of loss or damage derived from the following facts or related to them: business interruptions of any type (which includes, but is not limited to, the loss of data or information and the costs of obtaining replacement goods or services); the access or use of this website made by you; the delay or the inability to access, view or use this website, the comments and opinions that appear on this website. The above will be applied to losses or damages regardless of their basis, even if the CACT has been notified of the possibility that they may occur.

This limitation and liability exemption does not affect mandatory legal rights that cannot be excluded under the applicable legislation.

Liability Exemption in the Case of Events Organised by Third Parties

Third-party providers that organise events (hereinafter indistinctly referred to as “event” or “service”) that are advertised and marketed on this website are independent contractors and not agents or employees of the CACT. Therefore, CACT Lanzarote will not be responsible, for actions, errors, omissions, declarations, guarantees, breaches, negligence or improper conduct of any such provider, or any type of personal injury, death, property damage or other damages or expenses that arise from the reservation or use by the user of a product or service offered by said third parties through this WEBSITE. It is also hereby expressly stated that in the case of events organised by third parties, the refund and right of withdrawal from CACT Lanzarote will not apply, as it only applies to own products and services, so in such cases, the user will be subject to the general conditions of the direct organiser of such events.

The CACT shall not be responsible or offer refunds, for be any kind of delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and will not be responsible for any type of additional expense, omission, delay, change of itinerary or performance of any scheduled event that is also beyond its direct control.

 

ONLINE PURCHASING PROCESS

Once you have accessed the service (event) or product you want to hire or book on our WEBSITE “http://www.cactlanzarote.com” you can go to the online purchase service for event tickets (own or from third parties), workshops, passes or to book tables, for which it is necessary to select the product or service that you want to purchase. Once selected, the user must click on the button “Buy here” or “Buy your ticket here” or in the case of tickets for events, exhibitions or workshops, or “Reserve your table here” for table bookings, which will open a new screen where, after the system has checked the seat availability, you may proceed with the purchase or reservation process as follows:

– event choice of the day if there is more than one

– select the time of the event if there is more than one

– select the number of people requesting the service, as well as the other specifics (children, residents in the Canary Islands)

– Select the number of seats, in the seat map, when selecting tickets, and when this option is available; we reserve the right to assign seats (both before and during the show) other than those initially assigned or printed on the tickets, when, due to the special conditions of the centre itself, the seats chosen by the client were not available.

– select the type of menu, in the case of a table booking, if this option is available

– select the type of ticket pass to the CENTRES if this option is available.

– fill in the obligatory fields of the reservation form. These could be:

  1. a) the username; The first user must be of legal age.
  2. b) last name
  3. c) e-mail used to send the reservation confirmation or the ticket to, and
  4. d) telephone number.

– Once the mandatory details have been filled in, the client will be redirected to a safe online payment gateway where you can pay by credit card (Redsys) or Paypal.

– Once the payment is completed, the customer will receive a ticket in PDF format by e-mail. Tickets, as well as these general terms, can be filed and printed, and customers are responsible for making sure that when printing tickets, the data and the QR code are clear, in order for tickets to be scanned at the entrance to access to the Centre. You can also use a mobile device to show your ticket, as long as the QR codes are visible so that the staff can access the Centre to check their validity. Clients are responsible for showing their tickets, either printed or on a mobile device, with a legible QR Code.

 

Payments and Invoicing

Paying for services contracted through the WEBSITE will be made in ADVANCE unless expressly stated otherwise.

The purchase of any product and/or service will only be effective as soon as the CACTs correctly process the payment, and once payment has been completed, either via credit/debit card or Paypal, and up until then, the product or service can be cancelled by the CACT.

The data of the credit cards provided on the WEBSITE will be managed directly by the bank in question without any intervention by the CACT.

CACT will under no circumstance register, store or have access to the complete data of users’ credit cards.

 

CANCELLATION OF RESERVATIONS (Right of Withdrawal)

Users will be able to carry out an advanced cancellation of products or contracted services in www.cactlanzarote.com addressing our Customer Service department via email to info@centrosturisticos.com, and attaching the refund form signed and duly filled in. The form can be downloaded in the following link: Refund Request Form due to Cancellation or Modification

Cancelling an online purchase will result in the application of cancellation charges, from the moment the confirmation is received, as described below:

  • If a USER cancels a reservation more than 72 hours in advance, we will proceed to reimburse 93% of the amount of the purchase, minus a 7% cancellation fee.
  • If a USER cancels a reservation between 24 and 72 hours in advance, we will proceed to reimburse 50% of the amount of the purchase.
  • If a reservation is cancelled within 24 hours prior to the date of the service, users will not be entitled to any refund of the purchase amount.

Once a refund has been approved, this will be done as soon as possible, via bank transfer to an account number provided to us by the client.

The value of the transaction may be subject to taxes, fees, commissions for foreign transactions, currency exchange or other charges. Your bank or your credit or debit card entity may convert the payment to the local currency and charge fees, which will imply a difference between the amounts shown in cactlanzarote.com or the websites from third-party suppliers whose products or services are advertised in the WEBSITE of the CACT and the final amounts credited to your bank account or your credit or debit card statement. Get in touch with your bank or with you card entity if you have any questions regarding conversion rates or applicable charges.

It is not possible to obtain any refunds once the visitor event has started, including any type of package, meals or other services used, except in accordance with the legal applicable rights.

 

Cancellation of Products or Services by CACT Lanzarote

If CACT Lanzarote cancels an event, we recommend the following options:

  • An alternative date for the activity.
  • If the previous option does not suit you, we will offer you the possibility to enjoy an alternative service for a similar price to the activity you booked
  • If the previous option does not suit you, you can request a 100% refund of the amount of your purchase. The refund will be made as soon as possible, using the same payment method you used when making your purchase.

 

Complaints and Claims for Services Provided by CACT Lanzarote

Our email is available to USERS, info@centrosturísticos.com, so you can address as many questions or queries as you consider necessary regarding our services.

 

Intellectual Property

All of this WEBSITE: text, images, brands, graphics, logos, buttons, software files, colour combinations, as well as the structure, selection, arrangement and presentation of its contents; is property of the CACT, as well as its reproduction, distribution, public communication and transformation, retransmission, copying, transfer or total or partial broadcasting of the information contained in these pages, whatever its purpose and the means used for it.

The USER agrees to use the services and contents on our website in accordance with the Law and the general terms and conditions of the services offered by CACT Lanzarote at any time, and must refrain from using them to:

  1. Introduce data programmes on the network that could cause damage to the CACT computer systems, their suppliers or third-party users of the internal network or this website.
  2. Users must not create links to websites of the CACT website, without the prior written consent of the CACT.
  3. Any reproduction, transformation, alteration or distribution of said contents is strictly prohibited, as well as any act of decompilation or reverse engineering, outside access, visualization or reproduction thereof through the CACT. Under no circumstances will any type of extraction be allowed, reuse or exploitation of the contents other than what is established in these conditions, or anything that prejudices the rights or interests of the service provider, the CACT or third parties.
  4. Disseminate racist, xenophobic, pornographic, terrorism advocacy content and/or any content that violates human rights.

CACT Lanzarote will not be, directly or subsidiarily, held liable for:

  1. The information introduced by users, collaborators and third parties.
  2. The infringement on behalf of a User of the intellectual property rights and of the rights to honour, to personal and family privacy and to the image of people (photographs, videos), of property rights and of all other nature belonging to a third party as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or accessing the contents.
  3. The links and hypertext that enable, through the WEBSITE, access to Users to benefits and services offered by third parties, do not belong to them and are under the control of the CACT; who will not be responsible for the information contained in them, or any effects that may derive from said information. CACT does not sponsor or guarantee any of these third-party websites, which have been included for the convenience of users, CACT reserves the right to deny or withdraw access to the Portal and/or Services, at any time and without prior notice to those users that violate these General Terms.

Legislation

These conditions are subject to the Spanish legislation. The Arrecife Court in Lanzarote will be competent to know any litigation that may arise from these terms, except for exceptions legally established.

If any clause included in these general terms was declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, while the remaining stipulations will remain in effect.