GENERAL CONDITIONS OF USE AND ELECTRONIC PROCUREMENT
Updated to 1st June, 2021
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.
The use of the WEBSITE, which has already been published, for consultations, bookings or hiring of goods and services, or the private WEBSITE by means of username and password (collaborator), confers the condition of USER of the WEBSITE (henceforth, the “USER”).
Access to the WEBSITE is free and does not require prior subscription or registration. THE USER is to access the WEBSITE in good faith and in accordance with the present General Conditions of Use, and is to access under his/her own exclusive responsibility. The User promises to make licit, diligent and appropriate use of the contents and services offered through the WEBSITE, in good faith and respecting at all times current legislation and the present General Conditions. The USER is to read carefully these General Conditions each time he/she accesses the WEBSITE, as these general conditions may suffer modifications.
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: +34 901 300 200. Email: firstname.lastname@example.org
And, on the other hand, 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 understanding and acceptance of the said terms.
CACT Lanzarote operates the WEBSITE and the Art, Culture and Tourism CENTRES in Lanzarote, henceforth the CENTRES and offers and administrates the contents, products and services to the USER of the WEBSITE.
The portal for the sale and booking of tickets provides clear and precise information on the price of the products or services indicated, and if applicable, any possible extra costs and conditions of service.
The prices published on the WEBSITE and on the portal for the sale and booking of tickets show the taxes applicable in each case.
CACT Lanzarote undertakes to update the prices and contents of the WEBSITE with the maximum diligence as far as possible, and to keep them updated. However, if there were any unwitting typing error, CACT Lanzarote will undertake to correct the error as soon as possible. At the same time, if any price were to contain a mistake and one of our USERS had been involuntarily affected by this and could not reasonably be expected to notice the mistake, CACT Lanzarote will honour the initial price quoted to this USER.
The PRODUCTS AND SERVICES placed at the disposal of the USER on the WEBSITE are made available on the condition that they accept, with no modifications whatsoever, all the terms, conditions and notices detailed in these General Conditions. On accessing the WEBSITE, the USER accepts the obligations contained in the said General Conditions and declares he/she has read and understood its contents.
Please read the General Conditions carefully, as they contain information regarding your legal rights and the limitation of these rights, and in addition, the section regarding legislation and jurisdiction applicable in the case of conflict. If the USER does not accept the General Conditions as a whole, he/she should not use the WEBSITE or contract any PRODUCT or SERVICE. With regards to all purchases and/or bookings made, it will be deemed that the USER has done so acting in acceptance of the General Conditions in the name of the persons included in the purchase or booking of PRODUCTS or SERVICES, and also declares to have provided the information included in the Treatment of Personal Data Policy included on this WEBSITE.
It is possible that changes or modifications will be made to these General Conditions in accordance with the terms and conditions specified herein; in this case the USER understands and accepts that access to the WEBSITE and its continued use after such changes will imply acceptance of the new updated or modified General Conditions. At the top of this page, the date that the last modifications to the General Conditions were made. All modifications will have immediate effect after their publication. The USER should periodically return to this page to review the latest version of these General Conditions.
USERS are responsible for providing data correctly for the process of purchase and/or booking, as established on the WEBSITE. The fields for purchase and/or bookings are free, which means that the WEBSITE does not have the means to identify and correct errors in the introduction of personal data; this in turn means that the USER is to be particularly diligent when filling this out. The USER purchasing at a reduced price is to present the documents accrediting this on arrival at the ticket office which provides access to the area.
The USER will be responsible in any case for the veracity of the information provided and will also be responsible for communicating to CACT Lanzarote any modification in these; CACT Lanzarote reserves the right to exclude any registered USER who has provided false information from the use of these services, notwithstanding any other actions proceeding in Law.
USERS must not use the WEBSITE to carry out illicit activities, or actions against good faith, customs, ethics or public order.
USERS are forbidden from using the WEBSITE to carry out any activities which constitute an offence against the laws on intellectual and industrial property or any other applicable legal regulation.
CACT Lanzarote reserves the right to deny or withdraw access to the Portal and its Services at any time and without prior warning, to any USER who does not conform to these General Conditions.
Exemptions and limitations to the contract
We suggest that you read this section carefully as it limits the responsibility of CACT Lanzarote towards you for any inconvenience that may arise regarding the use of the WEBSITE and purchases and/or bookings made on the relevant portal. If you do not understand the conditions in this section or any other part of the General Conditions, please consult a lawyer to clear up any doubts you may have before accessing and using the WEBSITE or making a purchase and/or booking on the portal.
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 and/or information and the costs of obtaining replacement goods or services); the access or use of this WEBSITE made by the USER; 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 exemptions in case of Events or Services organised by third parties
Third party suppliers who organise events (henceforth either “event” or “service”) which are advertised or commercialised on this WEBSITE are independent contractors and neither agents nor employees of CACT Lanzarote. Therefore, CACT Lanzarote will not be held responsible for actions, errors, omissions, statements, guarantees, breaches or improper conduct made by these suppliers, nor for any kind of personal injury, death, damage to property or any other kind of damages or expenses deriving from these which may arise from the purchase, reservation or use by the USER of a product or service offered by said third party via this WEBSITE, furthermore it is hereby expressly specified that in the case of events organised by third parties the CACT Lanzarote policy of returns and right to withdrawal will not be applicable, as this only applies to its own products and services. In these cases, the USER will be subject to the general conditions of the direct organiser of these events.
CACT Lanzarote will not be responsible for or reimburse in the event of any kind of delay, cancellation, overbooking, strike, force majeure or other causes outside its direct control, and neither be responsible for any additional cost, omission, error, delay, change of itinerary or performance of any programmed event outside its direct control.
ONLINE PURCHASING PROCESSES
USERS should select the product or service desired (either for CACT Lanzarote or for third parties), tickets for individual visits to CACT Lanzarote, season tickets, tickets for events, booking of tables and/or any other product or service included on the WEBSITE, check the descriptions, features, conditions and final prices indicated on the factsheet and after consulting on availability of places, fill in the requisite information fields, such as the day of the event and/or number of places requested. Users should likewise check the veracity of the data included and ensure there have been no mistakes when writing. Once the service has been selected, USERS should introduce the information requested in the compulsory fields of the form and initiate the process of electronic purchase and/or booking.
Once the compulsory information has been filled in and “Pay”, “Book” or similar has been clicked on, the USER will be redirected to a secure payment platform where payment may be made by credit card (Redsys) or by Paypal or other similar system.
– Once payment has been completed, the USER will receive a confirmation e-mail within 24 hours, with the purchase receipts and/or bookings; sent to the address given during the purchase or booking process. The e-mail will describe the purchase made and its characteristics. If the e-mail is not received, the USER should check unwanted mail and spam boxes to ensure that it has not been sent there, and if not found, the USER should let CACT Lanzarote know as soon as possible in order to solve the problem.
The tickets can be filed by means of reservation storage applications on electronic devices and/or printed. The staff at the entrance to CACT Lanzarote will scan the QR code to check validity and allow access to the installations of product or service. It is the responsibility of the USER to show the ticket correctly printed out or on a mobile device with a legible QR code.
Payment and Invoicing
The payment of services contracted via the WEBSITE are to be made in ADVANCE, unless expressly stated to be otherwise.
The purchase of any product and/or service will only be effective from the moment CACT Lanzarote validates the charge, once payment has been made, either by credit/debit card or by Paypal, and may be cancelled up until this moment by CACT Lanzarote.
To make the payment, the USER is to follow all the instructions indicated at the time of purchase, providing the following information: Bearer name, type of card, security code, expiry date of the card and any other information requested during the process. USERS are to promise not to provide false information, including names, addresses and/or contact and payment details, as well as not initiating any illegal process in connection with the purchase and not to allow any other person to do so.
The confidentiality of the payment is guaranteed by a secure payment module (Safe payment “Verified by VISA”): the payment is made via an independent WEBSITE. On payment in this secure platform, USERS connect directly with the bank website without any intervention on the part of CACT Lanzarote. CACT Lanzarote will at no time register, store or have access to the full information regarding the USER credit cards.
USERS are not entitled to the right to withdrawal when purchasing tickets for the free visit to CACT Lanzarote, as these are individual tickets for each centre, or for the multi-centre season tickets, as these fall under the exceptions contemplated in section L of Article 103 of Legislative Royal Decree 1/2007, dated 16th November, which approved the renewed text of the General Law for Defence of Consumers and Users and other complementary laws which literally state: “The right to withdrawal will not be applicable to contracts which refer to: The supply of accommodation services for purposes other than housing, transport of goods, hire of vehicles, food or services related to leisure activities, if the contracts foresee a specific date or period of execution.” Consequently, CACT Lanzarote will not accept changes or returns once the tickets for a visit to each of the Centres or season tickets have been paid for.
Cancelling an online purchase will result in the application of 100% of cancellation charges,
Cancellation of services or events by CACT Lanzarote
CACT Lanzarote may cancel services or events, offering the USER the possibility of choosing from one of the three options below:
An alternative date to carry out the same service or event
An alternative service for a similar amount to that of the activity contracted
Reimbursement of 100% of the amount of the purchase, which will be made, whenever possible, by bank transfer to an account number provided to us by the client.
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
All of this WEBSITE: text, images, video, sound, 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 of the WEBSITE in accordance with the law and the general and particular terms and conditions offered by CACT Lanzarote at all times, and must refrain from using them to introduce on the network programmes with data which may provoke damage to CACT Lanzarote computer systems, its suppliers or third-party users of the internal network of the WEBSITE.
The USER may not create links to websites within the WEBSITE, without written permission from CACT Lanzarote.
The following are all expressly forbidden; reproduction, transformation or distribution of the contents, or any act of decomplication or reverse engineering, apart from access, viewing or reproduction of the said contents via CACT Lanzarote. Under no circumstances may any kind of extraction, reuse or exploitation of the contents which constitute actions contrary to those established within these terms and conditions or which prejudice the rights or interest of the service provider, CACT Lanzarote or third parties. These acts of exploitation may only be carried out by express authorisation by CACT Lanzarote and in all events, explicit reference is to be made to the bearer of the above-mentioned intellectual property rights. Incorrect or unauthorised use of this information contained on the website will give rise to legal action corresponding to the said Administration and in the event, to the responsibilities derived from the said exercise of rights.
The spreading of any content of racist, xenophobic, terrorist nature and/or attacking human rights is expressly forbidden.
CACT Lanzarote will not be responsible, either directly or indirectly for the following:
Information introduced by the USER(S), collaborators and third parties.
Infringement by the USER to the rights of intellectual and industrial property, the right to honour, personal and family honour and images of people (photos, videos), property rights and of any other nature belonging to a third party as a consequence of transmission, spreading, storage, availability, reception, obtaining or access to the contents.
The links and hypertexts made available on the WEBSITE giving the USER access to supplies and services offered by third parties, neither belong to nor are under the control of CACT Lanzarote; which will not be responsible for information obtained therein or for any adverse effects deriving from said information. CACT Lanzarote neither sponsors nor guarantees any of these third-party websites, which have been included for the convenience of the USER.
The present General Conditions are subject to Spanish legislation. The Courts of Arrecife, Lanzarote, will be competent to recognise any litigation deriving from these Conditions, save any legally established exceptions.
If any clause included in these General Conditions were declared totally or partially null or void, this would only affect this regulation or part of the same thus declared null and void, and in all other aspects the General Conditions would remain the same in effect.