Terms of Service (“Terms”)

1. GENERAL IDENTIFICATION OF PARTIES:

The following Terms of Service regulate the access and use of the websites (from here on to be referred to as THE SITE) with the URLs:

The above mentioned websites are owned and operated by Pietro Facciolo (“PF”) located at C/Sancho de Avila 11, Ático 2º 08018-Barcelona (España), with C.I.F. nº X7307671L.

There also exists the physical person, from here on to be referred to as THE USER, who accesses these pages for research purposes and to book the services offered on the websites. THE USER by mere fact of accessing THE SITE automatically accepts these Terms of Service.

2. OBJECTIVE OF THE SERVICES OFFERED

PF makes all of its web pages, THE SITE, available to its users including: content of interest to tourists and a booking platform for different types of services and tourist products.

3. TERMS OF SERVICE FOR THE WEB PAGES OWNED BY PF, THE SITE:

THE SITE utilizes two systems of buying channels: DIRECT SALES and another via AFFILIATE marketing.

3.1. DIRECT SALES:

For DIRECT SALES promoted THE SITE offers two types of products/services:

3.1.1 DIRECT SALES: OUR OWN PRODUCTS AND SERVICES.

Are those that have been designed specifically for PF and which are made directly available to THE USER by PF, in that the products and services here are realized by a third party specialist:

In accepting the Terms of Service it is implied that the USER:

    1. Has read and understood what is expounded here.
    2. Is a person with sufficient capacity to make consumer decisions.
    3. Assumes all responsibility of the Terms of Service set forth here.
    4. Accepts that the Terms of Service present have an indefinite validity period and are applicable to all purchases made via THE SITE.
    5. Understands the Terms of Service here are intended to make all necessary information available to THE USER to regulate any business relationships that arise between PF and THE USER. The mere navigation, registration, use, and/or acquisition of any of the direct sales products or services offered by PF implies acceptance of each and every one of these conditions by THE USER without reservations of any kind.
    6. Acknowledges that PF can in any moment and without warning modify the present Terms of Service by altering the said terms on its websites so that they can be understood by THE USER.

It is advised that THE USER read the conditions with care.

PF is only responsible for the information contained on THE SITE that has been generated by PF itself and is not responsible for the opinions expressed by its users via forums or any other user interaction platforms that may be incorporated or developed. PF is in no way obligated to accept any service request made by the user and can at any time establish temporary restrictions and/or new criteria or changes of availability regarding any service or product. PF is not responsible for any damage, harm, or loss of any kind suffered by THE USER or any connected third parties as a result of:

  • The lack of availability, updates, or proper functionality of THE SITE;
  • Any viruses or other elements that can cause damage to computers, other information systems, or any electronic documents or files of THE USER via PF or any third party websites.
  •  A third party debilitating and/or bypassing any security measures established by PF who then uses its contents or services for the remission of viruses or otherwise realizes any other unauthorized access or changes to the data stored by PF.
  • Nor in general, through any use of PF and its services and/or content render THE USER or any third party unaccountable to the Terms of Service and their use.
  • Food and health liability: as PF does not produce, transform, distribute, manipulate, or come into contact in any way with the food products offered via THE SITE we will in no way respond to any damage claims or administrative demands that THE USER or any third parties may file.
  • The absence of a Right of Withdrawal: according to Article 103.l of the Ley de Consumidores/Usuarios (RDL 1/2007) the Right of Withdrawal of consumers/users cannot be applied to this contract.

Nevertheless, some of these products or services allow cancellations and/or modifications that are detailed in the fine print of each product or service under the section “CANCELLATION POLICY”. For any issues of this sort you can contact the PF team at: customerservice@barcelonahacks.com.

If PF approves the cancellation of said products or services, it will reimburse THE USER for the price of the product minus any transaction costs which will be borne by the user.

The services or products bought are valid only for the times and dates selected at the moment of purchase. In the event that THE USER arrives late for any visit, they will forfeit the right to enjoy and/or use the services or products purchased without rights to a refund.

Once the sale transaction has been successfully completed, THE USER will receive a confirmation email to the address provided.

The resale of any type of product or service is prohibited.

PF can at any point add or subtract from our own products in the sales system, which include the following:

  • BODEGA JOAN TASTING MENU
  • LOURO RESTAURANTE
  • SEASONS RESTAURANT

3.1.2 DIRECT SALES: Products and Third Party Services

The same Terms of Service apply to the AFFILIATES e-commerce system (item 3.2).

Likewise, as in item 3.1.1:

In accepting the terms of service it is implied that the USER:

    1. Has read and understood what is expounded here.
    2. Is a person with sufficient capacity to make consumer decisions.
    3. Assumes all responsibility of the Terms of Service set forth here.
    4. Accepts that the Terms of Service present have an indefinite validity period and are applicable to all purchases made via THE SITE.
    5. Understands the Terms of Service here are intended to make all necessary information available to THE USER to regulate any business relationships that arise between PF and THE USER. The mere navigation, registration, use, and/or acquisition of any of the direct sales products or services offered by PF implies acceptance of each and every one of these conditions by THE USER without reservations of any kind.
    6. Acknowledges that PF can in any moment and without warning modify the present Terms of Service by altering the said terms on its websites so that they can be understood by THE USER.
    7. Agrees that the access conditions to the facilities, services, and attractions are always subject to the regulations of the provider of such services.
    8. Terms of Service exceptions for AFFILIATES:

8.1.- PF manages the collection of the services or products.

8.2.- At no point will it be possible to refund the price of the tickets. In some cases it will be possible to modify the date and time of the service or product as long as the requested change has availability.

In the fine print of each product or service you’ll find a paragraph under the head “CANCELLATION POLICY”. For any issues of this sort you can contact the PF team at: customerservice@barcelonahacks.com.

PF can at any point add or subtract from our direct sales products in the sales system, which include the following:

  • MONTSERRAT PACKAGE
  • LA PEDRERA (GENERAL, PREMIUM, NIGHT EXPERIENCE)
  • CASA BATLLO (BLUE, SILVER, GOLD, BE THE FIRST)
  • COLONIA GUELL
  • GAUDI EXHIBITION CENTRE
  • CASA DE LES PUNXES (GENERAL, EXCLUSIVE)
  • CASA VICENS
  • PALACIO DEL FLAMENCO
  • SANTA MARIA DEL MAR
  • SANTA MARIA DEL PI
  • PARAGLIDING
  • JETSKIING
  • HOVERBOARD
  • CHICKEN BOAT
  • FLYFISH
  • BANANA
  • WATERSPORTS PACKS (ADRENALINE, ACTION, MADNESS)
  • SAILBOAT TOUR
  • SAILING PACK

3.1.3 PRIVATE USER AREA

All users purchasing DIRECT SALES products will have access to a private area where their personal data and placed orders will be. At any time, the USER may modify their data and consult their orders.

Regarding data protection users can consult PF’s policy via the following link: https://www.barcelonahacks.com/privacy/

3.2. Terms of Service of the AFFILIATES e-commerce system:

With the AFFILIATES e-commerce system a clicking user is redirected to the website of the service provider. By default the transactions undertaken on the redirected site are subject to the Terms of Service established there, with PF not having any involvement or responsibility to the transaction in this regard. For this reason PF is unable to offer changes, execute cancellations, or solve incidents of any kind regarding these transactions nor does PF in any way collect or manage the payments made of this type of sale.

The tourism service contracts are carried out directly between THE USER and the providers of tourist services or products of the service provider. PF is not a contractual party with respect to the tourist services offered via the AFFILIATES e-commerce system.

The development and update of the information on offers, products, services, prices, characteristics and any other data and relevant information about the products and services offered through the service providers, corresponds to them, with PF being in no way responsible for the maintenance, revision, supervision, or updating of said information. PF also does not possess the ability to verify the veracity, updating, precision, or completeness of such information.

The suppliers of AFFILIATE products or services, each within the scope of their respective obligations, will be liable to THE USER for the fulfillment of the obligations derived from the Terms and Service associated with the sale of each product and service. These products and services are contracted with PF assuming neither obligation nor liability with respect to those products or services as it does not provide them directly. Therefore, all information regarding the products or services is subject to any explanations and/or modifications made by the service provider. The information contained at PF may vary if the service provider has modified their data in any way without informing PF in advance.

The providers of AFFILIATE products and services, each within the scope of their respective obligations, shall be liable to THE USER to comply with any obligations arising from the regulations and Terms of Service of each product and service contracted, with PF assuming no obligation or responsibility for these products or services that are not sold directly.

As such, all information pertinent to the products and services are subject to the explanations and modifications made by the service provider. The information contained at PF may vary if the service provider has modified their data in any way without informing PF in advance. repeated?

We suggest that THE USER visit the website of the service provider before acquiring and using the product or service to be well informed of any relevant policies.

PF can at any point add or subtract from the AFFILIATE products in the sales system, which include the following:

  • BUS TURISTIC
  • BARCELONA CITY PASS
  • HOLA BARCELONA TRAVEL CARD
  • SAGRADA FAMILIA
  • SAGRADA FAMILIA GUIDED TOUR
  • BARCELONA CARD
  • BARCELONA CARD EXPRESS
  • CAMP NOU EXPERIENCE (GENERAL, OPEN DATE)
  • PARK GUELL (GENERAL, GUIDED TOUR)
  • AEROBUS
  • TAXI LEADER
  • GIRONA BUS
  • PALAU DE LA MUSICA
  • MONTJUIC CABLE CAR
  • MUSEU PICASSO (GENERAL, GUIDED TOUR)
  • COOLTRA
  • PORT DAY PASS
  • POBLE ESPANYOL

On the SITE it will be possible for THE USER to distinguish the AFFILIATE products via the marker “partner product” and by the fact that after clicking “buy” they will be redirected to the service’s provider and be advised of this redirect.

4. BANKING DETAILS + refunds

All data and information of a financial nature submitted by THE USER during the transaction are neither stored nor saved by PF in any way. This data is used and accessed exclusively by the providers of such financial services by intermediaries like REDSYS or PAYPAL, with PF not having any ability whatsoever to see, access, store, or dispose of any data of this nature.

All tickets are subject to independent refund policies which are explained in the Frequently Asked Questions portion of the product page.

In the event of a partial Paypal refund, in which one or more products of the purchase are refunded but not the entirety of the order, it will not be possible to refund the Paypal fee.

5. PRICE REVISIONS

There always exists the possibility that the prices of the services or products can be revised at any time.

6. INTELLECTUAL PROPERTY RIGHTS

Between THE USER and PF the website is and remains protected by copyright and/or other intellectual property rights (including competition law). THE USER acquires no rights of any kind over the web pages, nor the commercial names and trademarks of any kind published on THE SITE.

You are allowed to access and display THE SITE, but not to incorporate or copy, display, license, publish, download, upload, send or otherwise, THE SITE without our prior written authorization.

7. Governing Law and Jurisdiction

THE SITE is controlled and operated by PF from its offices in Spain. In the event that any conflict arises relating to the website or that affects THE USER, using the website you accept that the conflict will be governed and interpreted in accordance with Spanish law.

In the event that a conflict arises between these Terms of Service and THE USER of THE SITE, a complaint must be filed with a court in Barcelona, Spain, without taking into account the rules on private international law.