LAW ON INFORMATION SOCIETY SERVICES (LSSI)
VIAJES ARENA TOURS S.L., the party responsible for the website (hereinafter referred to as “the Responsible Party”), makes this document available to users in order to comply with the obligations set forth in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all website users of the terms of use.
Anyone accessing this website assumes the role of user and undertakes to observe and strictly comply with the provisions set out herein, as well as any other applicable legal requirements.
VIAJES ARENA TOURS S.L. reserves the right to modify any type of information that may appear on the website without any obligation to notify or inform users of such changes, it being understood that publication on the VIAJES ARENA TOURS S.L. website is sufficient.
1. IDENTIFICATION DETAILS
- Corporate Name: VIAJES ARENA TOURS S.L.
- Trading Name: ARENATOURS
- Tax Identification Number: B-84916337
- Registered Address: Torre de Cristal, Paseo de la Castellana 259-C, 18th Floor, 28046 Madrid
- Email: info@arenatours.com
2. PURPOSE
Through this Website, we offer Users the possibility to access information about our services.
3. PRIVACY AND DATA PROCESSING
When access to certain content or services requires the provision of personal data, Users shall ensure that such data is truthful, accurate, authentic, and up to date. The company will process such data automatically as appropriate to its nature or purpose, under the terms set out in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and agrees that all content displayed on the Website – and in particular, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use – is subject to Intellectual Property rights, and all trademarks, trade names, or distinctive signs, as well as all industrial and intellectual property rights over the content and/or any other elements included on the site, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the commercial market. Therefore, the User undertakes not to reproduce, copy, distribute, make available, or otherwise communicate publicly, transform, or modify such content, holding the company harmless from any claim arising from a breach of these obligations. Under no circumstances does access to the Website imply any waiver, transfer, licence, or assignment, in whole or in part, of said rights unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any additional rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its Content beyond those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by the company or the third-party rights holder.
The content, texts, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creation existing on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected by copyright law in accordance with Intellectual Property legislation. The company is the owner of the elements that make up the graphic design of the Website, such as menus, navigation buttons, HTML code, texts, images, textures, graphics, and any other content on the Website or, in any case, has the corresponding authorisation for the use of such elements. The content available on the Website may not be reproduced, in whole or in part, transmitted, or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation from the aforementioned Entity has been obtained.
It is also prohibited to remove, bypass and/or manipulate the “copyright” as well as any technical protection measures or any information mechanisms that the content may contain. The User of this Website undertakes to respect the rights stated and to refrain from any actions that could harm them, reserving the company the right to take all legal measures or actions available in defence of its legitimate intellectual and industrial property rights.
5. USER OBLIGATIONS AND RESPONSIBILITIES
The User undertakes to:
- Make appropriate and lawful use of the Website as well as its content and services in accordance with: (i) the applicable legislation at all times; (ii) these General Conditions of Use; (iii) generally accepted moral standards and good practice; and (iv) public order.
- Ensure that they have all the technical means and requirements needed to access the Website.
- Provide truthful information when completing personal data forms on the Website and to keep this information updated at all times so that it accurately reflects the User’s actual situation. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the company or third parties due to the information provided.
Notwithstanding the provisions of the previous paragraph, the User must also refrain from:
- Making unauthorised or fraudulent use of the Website and/or its content for unlawful purposes or in a manner prohibited by these General Conditions of Use, that may harm the rights and interests of third parties or that in any way may damage, disable, overload, impair, or prevent the normal use of the services or the documents, files, and all types of content stored on any computer system.
- Accessing or attempting to access restricted areas of the Website without fulfilling the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its providers, or third parties.
- Introducing or disseminating viruses or any other physical or logical systems through the network that may cause damage to the physical or logical systems of the company, its providers, or third parties.
- Attempting to access, use and/or manipulate the data of the company, third-party providers, or other Users.
- Reproducing or copying, distributing, making content publicly available by any mode of communication, transforming or modifying the content unless authorised by the rights holder or legally permitted.
- Removing, hiding, or manipulating copyright notices or other identification details of the company’s or third parties’ rights incorporated into the content, as well as any technical protection measures or information mechanisms that may be embedded in the content.
- Obtaining or attempting to obtain the content by means or procedures other than those provided or expressly indicated on the webpages where the content is located or, in general, those commonly used on the Internet that do not pose a risk of damage or impairment to the Website and/or its content.
In particular, and by way of non-exhaustive example, the User undertakes not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, or any kind of material that:
- In any way is contrary to, disparages, or infringes upon the constitutionally recognised fundamental rights and public freedoms, as well as international treaties and other applicable legislation.
- Incites, encourages, or promotes criminal, defamatory, violent acts or, in general, actions contrary to the law, morality, generally accepted good practice, or public order.
- Incites, encourages, or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age, or status.
- Incorporates, makes available, or permits access to products, elements, messages, and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality, generally accepted good practice, or public order, or that may induce an unacceptable state of anxiety or fear.
- Incites or encourages engagement in dangerous, risky, or health-hazardous practices.
- Is protected by intellectual or industrial property legislation belonging to the company or third parties without authorisation for the intended use.
- Is contrary to the honour, personal and family privacy, or the image of individuals.
- Constitutes any type of advertising.
- Includes any type of virus or programme that hinders the normal functioning of the Website.
If a password is provided to access some of the services and/or content of the Website, the User undertakes to use it diligently, keeping it secret at all times. Consequently, the User is responsible for its proper custody and confidentiality, undertaking not to disclose it to third parties, either temporarily or permanently, nor to allow access to the mentioned services and/or content by unauthorised persons. Likewise, the User is obliged to notify the company of any event that may indicate unauthorised use of their password, such as theft, loss, or unauthorised access, so that immediate cancellation can be carried out. Until such notification is made, the company shall be exempt from any liability arising from unauthorised use of the password, with the User being solely responsible for any illicit use of the Website’s content and/or services by any unauthorised third party. Should the User negligently or deliberately breach any of the obligations set out in these General Conditions of Use, they shall be liable for any damages incurred by the company as a result of such breach.
6. LIABILITIES
Continuous access, proper visualisation, download or utility of the elements and information contained on the website is not guaranteed, as they may be hindered, impeded or interrupted by factors or circumstances beyond our control. The company shall not be responsible for any decisions that may be made as a result of accessing the content or information provided.
The service may be interrupted, or the relationship with the User immediately terminated, if it is detected that the use of the Website or any of the services offered therein is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Website.
The company shall only be responsible for removing, as soon as possible, any content that may cause such harm, provided that such notification is made. In particular, we shall not be responsible for damages that may arise, among other causes, from:
- Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the company’s control.
- Unauthorised intrusions through the use of malicious programmes of any kind and by any means of communication, such as computer viruses or any others.
- Improper or inadequate use of the Website.
- Security or navigation errors produced by a malfunctioning browser or by the use of outdated versions thereof.
The website administrator reserves the right to remove, in whole or in part, any content or information present on the Website.
The company disclaims any responsibility for damages of any nature that may be caused by the misuse of the freely available services on the Website by its Users. Furthermore, the company is not liable for any content or information that may be received as a consequence of data collection forms, which are provided solely for the purpose of offering consultation services and addressing queries. Moreover, should any damage or loss be caused by the illicit or improper use of these services, the User may be held accountable for the damages or losses incurred.
You shall indemnify and hold the company harmless from any damages, losses, claims, or expenses arising from third-party actions, claims or demands resulting from your access or use of the Website. Furthermore, you agree to indemnify against any damages or losses arising from your use of “robots”, “spiders”, “crawlers” or similar tools employed to gather or extract data, or from any other actions on your part that impose an unreasonable load on the operation of the Website.
7. HYPERLINKS
The User undertakes not to reproduce the Website, or any of its content, by any means, including via a hyperlink, except with the express written permission of the file owner.
The Website may include links to other websites managed by third parties, to facilitate the User’s access to information from partner and/or sponsoring companies. Accordingly, the company is not responsible for the content of such websites, nor does it act as a guarantor or service provider for any services and/or information that may be offered to third parties through these links.
A limited, revocable and non-exclusive right is granted to the User to create links to the homepage of the Website solely for private and non-commercial use. Websites that include a link to our Website must: (i) not misrepresent their relationship or imply that such a link has been authorised, nor include our company’s trademarks, trade names, logos or other distinctive signs; (ii) not include content that may be considered distasteful, obscene, offensive, controversial, that incites violence or discrimination on the basis of sex, race or religion, contrary to public order or illegal; (iii) not link to any page of the Website other than the homepage; (iv) link using the actual URL of the Website, and not allow the linking website to reproduce the Website as part of its own site or within one of its “frames”, or create a “browser” over any of the pages of the Website. The company may request at any time that you remove any link to the Website, after which you must immediately do so.
The company cannot control the information, content, products or services provided by other websites that have links directing to the Website.
8. DATA PROTECTION
To use some of the Services, the User must previously provide certain personal data. The company will process this data automatically and will apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User may review the policy governing the processing of personal data, as well as the purposes for which the data is processed, under the conditions defined in the Privacy Policy.
9. COOKIES
The company reserves the right to use “cookie” technology on the Website in order to recognise you as a frequent user and to personalise your use of the Website by pre-selecting your language or preferred or specific content.
Cookies collect the User’s IP address, with Google being responsible for processing this information.
Cookies are files sent to a browser by a web server to record the User’s navigation on the Website, provided that the User permits their reception. If you wish, you can configure your browser to alert you when cookies are received and to prevent their installation on your hard drive. Please consult your browser’s instructions and manuals for more information.
Thanks to cookies, it is possible to recognise the computer’s browser used by the User, in order to facilitate content and offer navigation or advertising preferences based on the User’s demographic profiles, as well as to measure visits and traffic parameters, and to control progress and the number of entries.
10. DECLARATIONS AND WARRANTIES
In general, the content and services offered on the Website are provided for informational purposes only. Consequently, by offering them, no warranty or representation is made regarding the content and services provided on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except insofar as such warranties and representations cannot be excluded by law.
11. FORCE MAJEURE
The company shall not be liable in the event of an inability to provide service if such inability is due to prolonged interruptions in the power supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts or omissions by the Government, and in general, all cases of force majeure or fortuitous events.
12. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION
These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any disputes, the parties submit to the Courts and Tribunals of the Registered Office of the Responsible Party.
In the event that any provision of these General Conditions of Use is found to be unenforceable or null due to applicable legislation or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Conditions of Use unenforceable or null in their entirety. In such cases, the company shall proceed to modify or replace such provision with another that is valid and enforceable and that, as far as possible, achieves the original objective and intent of the original provision.
