In accordance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), the following information is provided regarding the owner of the website and/or mobile application (hereinafter referred to as the “Website/APP”), which is the service provider:
- Name or corporate name: TURISME DE BARCELONA CONSORTIUM
- Tax identification number: P-5890003-F
- Registered office or address: Passatge de la Concepció, 7-9, 08008 Barcelona.
- Email address of the owner: info@barcelonaturisme.org
- Telephone number of the owner: +34 93 368 97 00
- Company register details: Turisme de Barcelona Consortium (hereinafter, BARCELONA TURISME) is an entity with public legal personality. The establishment of BARCELONA TURISME was approved by an agreement dated 8 September 1993 between Barcelona City Council, the Barcelona Chamber of Commerce, Industry and Shipping and the Foundation for the Promotion of Barcelona, published in the Official Gazette of the Province of Barcelona (BOPB), no. 310, on 28 December 1993. BARCELONA TURISME operates under Tax Identification Number (NIF) P-5890003F.
2. General terms and conditions of use
The purpose of these general terms and conditions of use (hereinafter, the “Terms and Conditions”) is to govern how the Users (hereinafter referred to individually as a “User” and collectively as the “Users”) who access, browse and use the services provided on the Website/APP interact with the owner of the Website/APP as the service provider.
The Website/App provides Users with general information relating to the owner of the Website/APP, its services, and its activities (hereinafter the “Content”), in accordance with these Terms and Conditions. As the Website/APP is intended for professional use, its Content is not aimed at individuals under the age of 18.
By continuing to access, browse or use the services we provide through our Website/APP, the User acknowledges and agrees to be bound by these Terms and Conditions with no reservations.
These Terms and Conditions should be read in conjunction with the other legal notices and policies available on the Website/APP. Use of the Website/APP is also subject to the User’s review and acceptance of such notices and policies.
The owner of the Website/APP reserves the right to amend these Terms and Conditions at any time and at its sole discretion. Users are therefore encouraged to view them regularly.
3. Access to the Website/APP and User registration
Most of the Content on the Website/APP can be accessed free of charge and registration is not required. However, Users will have to register/create an account to visit certain sections of the website. When registering/creating an account, the User undertakes to provide accurate, complete and truthful information. The User will be issued with login details, including a password, for which they shall be solely responsible. The User agrees to keep such details secure and confidential and to use them with due care and diligence.
The User may not transfer, assign or otherwise make their account available to any third party without the prior consent of the owner of the Website/APP. The owner reserves the right to suspend or terminate the User’s account in the event of a breach of this clause. The Owner may also check the identity of registered Users at any time, particularly where it detects any suspicious activity that may constitute a breach of these Terms and Conditions.
Users of the Website/APP must be at least eighteen (18) years of age. Access to and use of the Website/APP by persons under the age of 18 is not permitted. If a person under the age of 18 accesses the Website/APP, the owner of the Website/APP will assume that such access has been authorised by their parent(s), guardian(s) or legal representative(s). The Provider reserves the right to verify the age of any User and to carry out such checks as it considers appropriate to ensure compliance with this requirement.
The Owner of the Website/APP is not responsible for guaranteeing the accuracy of the information provided by Users during the registration process. Each User shall be solely responsible for the information they submit and for any consequences arising from providing inaccurate or incomplete information.
i. APP User licence
The Owner grants the User a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use the APP solely for personal purposes and in accordance with these Terms and Conditions.
This licence does not grant or transfer to the User any intellectual or industrial property rights in or to the APP including its Content, features, source code, design, interfaces, databases or any other elements associated with it.
The User must not copy, decompile, reverse engineer, modify, distribute, adapt, reproduce or otherwise exploit the APP or any part of it without the prior written consent of the owner.
The owner may revoke this licence at any time if the User breaches these Terms and Conditions.
ii. Technical requirements and compatibility
The User acknowledges and agrees that the proper functioning of the APP may depend on factors including the use of a supported and up-to-date operating system, adequate internet connectivity, device compatibility and the availability of third-party services.
The Owner does not guarantee that the APP will function properly on devices that are out of date or have been modified, tampered with, or subjected to rooting, jailbreaking or any similar processes that compromise the security or integrity of the device or its operating system.
The Owner may also restrict, suspend or disable certain features or functionalities on devices that do not meet the required security or compatibility standard.
iii. APP updates
The User shall be responsible for keeping the App updated to the latest available version and for installing any updates, security patches, bug fixes or technical improvements necessary to ensure the proper functioning, security and compatibility of the services.
The Owner shall not be liable for any malfunction, service disruption, security vulnerability, loss of functionality or other issues arising from the User's failure to install or maintain such APP updates.
iv. App stores and third-party services
The download, installation and use of the App may also be subject to the terms, conditions, policies and legal requirements of third-party digital distribution platforms, including the Apple App Store and Google Play Store.
The User acknowledges and agrees that such platforms may establish their own terms and conditions, technical requirements, usage restrictions, privacy policies, and other policies or rules that are separate from and independent of those of the Owner.
The Owner shall not be responsible for any services provided by such platforms, or for any interruptions, modifications, restrictions, or other issues arising from or relating to those platforms.
The Apple App Store and Google Play Store act solely as distribution platforms for the APP and are not responsible for its operation, Content, maintenance or support.
4. Comments and reviews
The Website/APP allows Users to publish comments, reviews or opinions regarding other Users or their services. Such opinions are solely those of the Users who submit them and shall not be construed as the opinions of the Owner, or as an offer or binding proposal made by them.
As the Website/APP allows Users to post comments, reviews and opinions, the Owner accepts no responsibility for their Content. The Owner reserves the right to remove any of the above that are offensive and defamatory, or otherwise inappropriate, and to block or prevent further postings from the Users responsible for such Content. The Owner also reserves the right to remove the User's profile where the User's conduct breaches the Terms and Conditions of the Website / APP.
The Owner is under no obligation to monitor or review the Content published by Users. However, the Owner reserves the right to remove, restrict access to, or block any Content that it becomes aware is unlawful or in breach of these Terms and Conditions.
5. Intellectual and industrial property
i. Legal protection of Content
The Owner of the Website/APP also owns the intellectual property and industrial property rights to the Website/APP, including all the Content and elements therein (such as texts, images, videos and audio). This protection also applies to Content made available through third-party websites, whether such Content is the property of the Owner or because they have obtained the rights to use them. The Owner has also obtained the necessary authorisations relating to the image rights of any individuals appearing on the Website/App.
No Content may be reproduced, copied or distributed, or otherwise used, in whole or in part, without the Owner's prior consent. Access to and use of the Website/APP by the User shall not be construed as constituting any waiver, transfer, licence or granting of rights, whether in whole or in part, by the Owner of the Website/APP. Users shall not modify, copy, reuse, exploit, reproduce, make publicly available, transmit, use, process, distribute, or otherwise deal with, in whole or in part, any Content or elements of the Website/App for public or commercial purposes without the Owner's prior express written permission, Users are also prohibited from creating or generating any works based on, or including any Content taken from the Website/APP.
Therefore, in accordance with the preceding paragraph, the User may, in addition to viewing the Content and elements of the Website/APP, print, copy, or download them, provided that such actions are carried out exclusively for the User's personal and private use. Any dissemination of the Content for commercial purposes, or its publication on social media or other public platforms, is expressly prohibited.
The use of the Owner's contact details (including postal address, telephone number and email address) for the sending of any commercial communications is strictly prohibited unless the necessary permission has been obtained in accordance with applicable law.
The use of any Content from the Website/APP to train AI models, automated systems, or equivalent technologies is likewise prohibited without the Owner's prior written authorisation.
ii. Associated trademarks and logos
The trademarks displayed on the Website/APP are the property of the Owner, or the third parties who have authorised their use on the Website/APP.
Anyone browsing the Website/APP is prohibited from using, reproducing, copying, modifying, distributing or exploiting such trademarks, logos, and brand identifiers without the authorisation of the Owner or the corresponding licence for their use. In all cases, the Owner shall be exempt from any liability arising from the improper or unauthorised use by Users of trademarks belonging to third parties.
The Owner may request the immediate removal of any Content that uses its trademarks and logos without prior permission, whether on the Website/APP, social media platforms or third-party websites.
6. Responsibilities
i. Interruptions to the Website/APP
The Website/APP operates using servers provided by third-party service providers, which are connected through public and private communications infrastructure.
The Owner of the Website/APP shall use its best efforts to ensure they function properly. However, it cannot guarantee uninterrupted service for technical reasons, including repairs and/or maintenance work, lack of network coverage, or failures in the equipment and/or networks required for data transmission, all of which are beyond its control.
Accordingly, access to the Website/APP may be suspended due to force majeure events (unforeseeable circumstances or circumstances which, although foreseen or foreseeable, are unavoidable), including, but not limited to, the following:
a. Outages in power and telecommunications networks.
b. Cyberattacks on the servers supporting the Website/APP.
c. User errors when accessing or using the Website/App.
d. Fires, floods, earthquakes or other natural disaster
e. Strikes, industrial action or labour disputes.
f. Armed conflicts, civil unrest or other circumstances beyond our reasonable control.
The Owner of the Website/APP shall be exempt from any liability arising from the occurrence of any of the circumstances set out in this clause.
ii. User responsibility
The User accesses and uses the Website/APP at their own risk. By accessing the Website/APP, the User agrees to use it in accordance with all applicable laws, regulations and ethical standards, as well as these Terms and Conditions of use.
Failure to comply with any of the provisions set out in these Terms and Conditions, or any applicable law, may result in the User being held liable to the Owner of the Website/APP and/or to third parties for any loss or damage arising from such a breach. This applies regardless of whether the breach constitutes a civil wrong, an administrative infringement, a misdemeanour or a criminal offence. The Owner of the Website/App shall be entitled to pursue any civil, administrative, employment-related or criminal remedies available to it under applicable law.
iii. Owner responsibility
The Owner of the Website/APP shall not be liable for any loss or damage suffered by the User or any third party as a result of any breach attributable to the User, nor for any damage to or malfunction of the User's devices or equipment.
The Owner of the Website/APP shall also not be held liable for any unauthorised access, interference or security breach resulting from computer viruses, malware or other harmful software, regardless of their origin, any misuse of the Website/APP by the User, or any security failures arising from the improper functioning of the User's devices or equipment.
7. User obligations
The User is fully responsible for accessing and using the Website properly, and, in particular, for the use and management of their profile. Such use must comply with applicable law, principles of good faith, morality, generally accepted standards of behaviour and public order.
The User must not, at any time, modify, alter, delete or otherwise tamper with any data, information, elements or Content contained on the Website/APP.
The services made available through the Website/APP must be used lawfully and responsibly. Under no circumstances may the User publish, transmit or distribute any Content that is racist, xenophobic, pornographic, or that promotes, glorifies or incites criminal, violent or degrading behaviour, or otherwise infringes the dignity, rights or fundamental freedoms of others.
The User may not introduce any software, virus, malware or other harmful code or material that could damage, disrupt or interfere with the company's devices or systems and those of other Users. The User must also refrain from engaging in sending spam, trolling, scraping, data mining, fraud, impersonation, or the use of automated technologies.
The Website/APP may not be used to insult, defame, threaten, harass, or otherwise infringe the rights to privacy and image rights of other Users. The User must not access another User's email account.
The User shall be solely responsible for any loss or damage arising from their failure to comply with these Terms and Conditions and the obligations set out herein.
The User may not share, post or distribute advertising or promotional material relating to themselves or any third party through the Website/APP without the prior express consent of the Owner of the Website/APP.
8. Hyperlinks
Any mentions of third-party websites on the Website/APP are provided for information purposes only. The Owner of the Website/APP does not develop, administer or own the mentioned websites or internet addresses unless expressly stated otherwise. Accordingly, the Owner of the Website/APP shall not be held liable for the Content of such websites, for any loss or damage arising from access to them, or for any products or services they may provide.
The Owner of the Website/APP authorises the creation of links and hyperlinks to the Website/APP from other websites and applications. However, anyone wishing to create a link to the Website/APP must do so in accordance with the following conditions:
a. The website being linked to must not contain any Content or information that is unlawful, contrary to public decency, public order or generally accepted standards of conduct, or that infringes the rights of any third party.
b. The existence of a link shall not imply that the Owner of the Website/APP has expressly authorised, reviewed, approved, endorsed or accepted responsibility for the linked website or application, or for any Content, products or services made available through it. Users should therefore exercise caution when assessing and using linked websites or applications.
c. Under no circumstances shall the creation of a link to the Website/APP imply any relationship, affiliation, endorsement or association between the Owner of the Website/APP and the owner of the website or application containing the link.
d. The use of framing techniques, or any other practice that may give the impression that the Content of the Website/APP is part of another website or application, is prohibited without the prior express consent of the Owner of the Website/App.
9. Personal data protection
The Owner of the Website/APP undertakes to process the User's personal data in accordance with applicable data protection laws. In particular, personal data will be processed in compliance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and with Regulation (EU) 2016/679 of 27 April 2016 (the General Data Protection Regulation or GDPR).
Further information about how we process personal data can be found in our Privacy Policy.
10. Applicable law
Any relationship established between the User and the Owner of the Website/APP shall be governed by the provisions of the applicable laws and regulations and subject to the jurisdiction of the Spanish legal system.
In such cases where the parties may voluntarily submit to a particular jurisdiction, the Owner of the Website/APP and the User submit irrevocably to the exclusive jurisdiction of the courts of the Province of Barcelona and expressly waive the right to any other jurisdiction that they may otherwise be entitled to, unless applicable law provides otherwise.
The Owner of the Website/App provides Users with these Terms and Conditions in English, Catalan, French and Italian. In the event of any discrepancy or inconsistency between the different language versions, the Spanish version shall prevail.