LEGAL CONDITIONS OF PURCHASE

 

I. WEBSITE OWNERSHIP

PALMA DE MALLORCA AQUARIUM S.A. (hereinafter referred to as ''PALMA AQUARIUM'') registered at Calle Manuela de los Herreros i Sorà, 21, 07610 Palma de Mallorca with CIF number A57129751, owns the website www.palmaaquarium.com, (hereinafter referred to as ''the Website'') and makes it available to Internet users with the aim of providing information on PALMA AQUARIUM's products and offers, as well as allowing for the provision of different ticket purchasing services, seasonal passes and activities or any other type of products via the Website and, if the case may be, to run different competitions, games and surveys etc. 

For these afore mentioned purposes, the contact details for Palma de Mallorca Aquarium S.A., the entity which operates via the Website and is the company responsible for the management of the ''Palma Aquarium'' theme park (hereinafter ''the Park''), and as such is responsible for the sale of all the products and/or services related to the Park, are as follows: Palma de Mallorca Aquarium S.A., registered at Calle Manuela de los Herreros i Sorà, 21, 07610 Palma de Mallorca and C.I.F. number A57129751. Customer Services: 902 702 902

 

II.- GENERAL CONTRACTUAL CONDITIONS

These general contractual conditions will expressly regulate the relationship between PALMA AQUARIUM and the Users who contract the provision of services or products offered via the Website.

The current General Conditions have been written up in accordance with what is established in Law 34/2002, on the services of the information society and email services, the Law 7/1998, on General Contractual Conditions, the Royal Legislative Decree 1/2007 of the 16th of November, through which the consolidated text of the General Law in Defence of Consumers and Users and other complementary laws is approved, the Law 59/2003 dated the 19th of December on digital signatures and any other legal rulings which may be applicable.  This document can be accessed at all times in the Online Shop section of the PALMA AQUARIUM website and it can be printed off and stored by the User.

Platform for Online Dispute Resolution:  The European Commission provides an online platform for the resolution of disputes and this is available at the following link: https://ec.europa.eu/consumers/odr/ - it allows users to process claims to do with contracts entered into online.  Contact email:  disputeresolution@grpr.com

 

1. INFORMACIÓN PREVIA A LA CONTRATACIÓN

Estas Condiciones Generales de Contratación tienen por objeto regular las condiciones generales de prestación de los servicios ofrecidos por PALMA AQUARIUM a través de

www.palmaaquarium.com. Los servicios que PALMA AQUARIUM presta actualmente y

que son objeto del contrato con los Usuarios, el servicio de venta de cierta tipología de entradas y Pases de Temporada del Parque, así como, en su caso, de otros productos ofrecidos a través del Portal. 

Los productos y servicios ofrecidos por PALMA AQUARIUM podrán ser contratados

por cualesquiera Usuarios que residan en España o en otro Estado miembro de la Unión Europea o del Espacio Económico Europeo y por aquellos Usuarios que, residiendo en un Estado no perteneciente a la Unión Europea o al Espacio Económico Europeo, les sea de aplicación la legislación española. 

El servicio de venta de entradas de PALMA AQUARIUM así como de cualesquiera otros productos ofrecidos a través del Portal, es de carácter oneroso, y el precio de cada entrada, producto o servicio (incluidos los impuestos) está determinado en cada momento en el Portal. 

El acceso a la información contenida en el Portal no está sujeto a pago alguno. El Usuario entiende que la información contenida en el Portal, la información general sobre el

catálogo de entradas y Pases de Temporada, así como de los demás productos ofrecidos en el Portal y las Condiciones Generales de Contratación y perfeccionamiento del contrato, son bastantes y suficientes para la exclusión de error en la formación del consentimiento.

 

1. PRIOR INFORMATION

These General Contractual Conditions aim to regulate the general conditions for the provision of the services offered by PALMA AQUARIUM via

www.palmaaquarium.com. The services PALMA AQUARIUM is currently providing and which are the object of the contract with the Users, the online sales service offering certain types of entrance tickets and Seasonal Passes for the Park, as well as other products offered through the Website.

The products and services offered by PALMA AQUARIUM may be contracted by

any Users who are currently residing in Spain or in another European Union member state or in the European Economic Area and by those Users who, although they are currently residing in a country which is not part of the European Union or the European Economic Area, are subject to Spanish legislation 

The PALMA AQUARIUM entrance ticket sales service, as well as any other of the products offered through the Website, is an onerous one and the price of each ticket, product or service (including taxes) is specified on the Website.

Access to the information contained on the Website is not subject to any payment.  The User understands that the information contained on the Website, the general information on the catalogue of entrance tickets and Seasonal Passes, as well as the other products offered on the Website, the General Contractual Conditions and the formalisation of the Contract, are sufficient to ensure the exclusion of error in providing their consent.

1.1 Procedures

Before using the different online shop services offered on the Website, the User must follow all the instructions featured at any given moment during the purchasing process, filling in the information required for this purpose on the online forms. By doing so the User implies that they have read and accepted all the General Contractual Conditions available on the Website, and in the same way, the User declares that they are aware of and accept said procedures as being necessary in order to access the products and services offered in the PURCHASE section of the Website.

The User will formalise their purchase by completing all the steps established in the PURCHASE section and their digital delivery. The current General Contractual Conditions will become part of the contract with the User once they have expressly accepted them by filling in the required forms and sending the purchase details in the PURCHASE section. By using any of the Website's services, the User accepts, with no exceptions, each and every one of the Website's General Conditions of Use as well as the General Contractual Conditions and, if relevant, the Specific Contractual Conditions which, having been made available to the User before they formalise their purchase, regulate the purchase of tickets or of Seasonal Passes as well as the acquisition of any other products and services offered through the Website.

1.2 Documentation and language

The present General Contractual Conditions can be accessed at all times on the PALMA AQUARIUM Website and they can be printed off and stored by the User. 

If the User purchases any entrance tickets, once the purchasing process has been finalised, the User will receive an email containing a receipt (the ''Receipt'') which features the bar code which will be the entrance ticket they should use on visiting the Park. Said Receipt cannot be photocopied, manipulated or damaged as this would result in immediate cancellation.

An entrance ticket purchased via the Website for a specific date will only be valid for said date.  If the tickets purchased are not for a specific date, they will be valid to use within the same season, and their expiry date will be determined by the date of purchase.  In the case of the purchase of Seasonal Passes or any other products and/or services offered through the Website which are not the acquisition of entrance tickets, the User will also receive an email containing their Receipt. The User will be informed of any Specific Contractual Conditions which the products or services are subject to before these are purchased.

Once the Receipt has been issued all the requirements are deemed to have been met in order for this document, which replaces an invoice, to be made available, in accordance with the Royal Decree 1619/2012, dated the 30th of November, through which the regulations on invoicing obligations are approved.  In virtue of what is set out by Article 103 of the Royal Legislative Decree 1/2007 of the 16th of November, through which the consolidated text of the General Law in Defence of Consumers and Users and other complementary laws is approved, the right to desist is not applicable to the present contract, so that once the purchasing process available to the User through the Website is finalised, and once the corresponding Receipt has been issued, exchanges or returns will only be admitted within a maximum period of seven (7) days from the date of purchase, as long as the items have not been used and are still within the validity date indicated on the Receipt. Returns will always be processed through the same payment method used at the time of purchase.

The present General Contractual Conditions have been written in Spanish. 

1.3 Technical Media

The Website will make sure all the technical media needed to identify and correct errors on entering personal information on the different forms which will appear on the screen during the purchasing process is available to the User. 

1.4 Changes to the General Contractual Conditions

PALMA AQUARIUM reserves the right to modify the present General Contractual Conditions or Specific Contractual Conditions which may be applicable at any time, as well as any other general or specific conditions, regulations of use or notices which may apply. The obligation to notify Users will be deemed as fulfilled through the edition of the General Conditions published on the PALMA AQUARIUM Website.  In any case, Users will always be able to check the General Contractual Conditions and, if applicable, the Specific Contractual Conditions before purchasing any products or services.  PALMA AQUARIUM also reserves the right to modify the presentation, configuration and location of the Website at any time, as well as its content and the conditions required in order to use the same.

 

2. PERSONAL DATA PROTECTION

The personal information the User provides here as well as any other information generated at a later date as a result of their relationship with us, will be included in files which Palma de Mallorca Aquarium S.A. (registered address: Manuela de los Herreros i Sorà, 21 07610 Palma de Mallorca, España email: info@palmaaquarium.com) is responsible for.

The information will be treated by those responsible for the development, maintenance and control of the User's relationship with us, and in particular, to manage the purchase of tickets or other products, as well as process any requests the User has for us and to store all communication in order to improve our services, as well as for statistical purposes.

To exercise your right of access, modification, cancellation and opposition via the legal terms available to this effect, please send a written request to those responsible, at the registered company address or email address mentioned above, indicating ''ARCO Request - Marketing Department'' as the subject and attaching a copy of your ID document.  IF YOU ARE UNDER 14 YEARS OF AGE, WE WILL NEED YOUR PARENTS' CONSENT. If this is the case, we will contact your parents and ask them to confirm that they are indeed your parents or tutors and that they give their consent, we will then be able to accept your request. 

 

III.- SPECIFIC CONTRACTUAL CONDITIONS

1. Specific Ticket Purchase Conditions

1. The User can directly access the Park by showing their printed ticket or the Smartphone or equivalent mobile device on which they have received the Receipt of purchase in PDF format with the QR Code or a legible bar code to the staff at the entrance.

Access with a printed Receipt:  The User must print the Receipt on an Inkjet or Laser printer, in colour, or in black and white, printing off one entrance ticket per page, in order to access the Park.  The User will be able to directly access the Park with their printed Receipts once the entrance ticket booths are open.

Access with a Smartphone or equivalent mobile device onto which the User has downloaded the Receipt in PDF format: In order for the User to use their Smartphone or equivalent mobile device as a valid method of access to the Park, you must make sure that (i) you have downloaded the PDF with a legible bar code and QR Code, as an attached document on your Smartphone or equivalent mobile device, and that (ii) the light function on your Smartphone or device's screen is adequate in order to see and read the codes on the downloaded PDF. The codes must be completely visible on the User's Smartphone or mobile device's screen.

The Park staff will not, under any circumstances, be able to use the User's Smartphone or mobile device, so the User must not ask them to do this, even though they may ask the staff for information on how to use the device.

In case the User gets to the Park without their printed Receipts and without their Smartphone or equivalent mobile device with the previously downloaded PDF receipt, the Park staff will be able to deny them access to the same.

If this should occur, in order to gain access to the Park, the User can request that their ticket be verified by the Park through their computer system, and this will incur an extra cost of 4 Euros (4€) per Receipt, which the User must pay at the Park's ticket offices.

2. The Park entrance ticket, be it either a printed ticket or a PDF downloaded onto a Smartphone or equivalent mobile device, is valid to use any day during the current season, it is subject to the Park's opening times and expires at the end of the season. Check the Park's calendar and opening times on www.palmaaquarium.com or on 902 702 902.

3. The purchase and use of any item on sale online implies the acceptance of the online shopping conditions as well as the acceptance of the Park's Terms of Use which are available for the User to read at https://www.palmaaquarium.com/normativa-de-funcionamiento-del-parque.pdf, and can be stored and printed out by the User. These can also be consulted at the Park's ticket offices.

4. This is not accumulative to other promotions or discounts.

5. In virtue of what is set out by Article 103 of the Royal Legislative Decree 1/2007 of the 16th of November, through which the consolidated text of the General Law in Defence of Consumers and Users and other complementary laws is approved, the right to desist is not applicable to the present contract, so that once the purchasing process is finalised, exchanges or returns will only be admitted within a maximum period of seven (7) days from the date of purchase, as long as the items have not been used and are still within the validity date indicated on the Receipt. Returns will always be processed through the same payment method used at the time of purchase.

As the only exception to this previous rule, if the User makes a mistake when buying a certain type of entrance tickets through the Website (for example, if they purchase children's tickets rather than adult ones, tickets for a different day to the one they actually want to visit on etc.) they must make the relevant exchange at the Park's ticket offices and pay the price difference if there is one.  For such exchanges, the official sales price (PVP) for general access to the Park will be used as a reference and not the price for advance sales or any special offers which may appear on the Website, and the User will have to pay the difference in price, if there is one.  In the same way, the Park will return the difference in price, via the same method of payment the User used to buy their tickets through the Website.

6. For entrance tickets which are subject to special concessions, such as large families, pensioners, residents in the Balearics or the disabled (with a degree of disability of 33% or more), amongst others, proof of said status must be shown via a certificate or document proving the same at the Park's ticket offices. 

7. The User must not cut, manipulate, damage or photocopy the printed Receipt nor alter the bar codes or QR codes which appear on the same.  If any of these should occur, you could be denied access to the Park.

8. Each printed Receipt features a QR Code and a bar code on the top which contains the same information as the printed Receipt and allows for ONE SOLE ACCESS to the Park.  Once it has been validated it cannot be used again.

If the User gains access to the Park with the PDF download on a Smartphone or equivalent mobile device, this will only allow for ONE SOLE ACCESS to the Park.  Once it has been validated it cannot be used again, so the User must make sure their bar codes and QR codes are not copied by other people.

9. The User must not lose their printed Receipt, nor erase the PDF downloaded onto their Smartphone or equivalent mobile device. In both cases the User must keep the Receipt for the duration of their visit to the Park and show it to any staff if and when required to do so.

10. Selling the entrance ticket in any format to a third party is strictly prohibited.

11. We reserve the right to close the Park, without prior notice, due to adverse weather conditions, capacity or security issues, veterinary or public health reasons. 

 

2. Specific Ticket Purchase Conditions with ''Specific Validity Periods'' (includes Flexi-Tickets)

Entrance tickets to the Park with a specific validity date, be they printed Tickets or PDF ticket downloads on a Smartphone or equivalent mobile device, will be valid EXCLUSIVELY for the day/s and time indicated on the Ticket, and will expire once said period of time is up.  The specific validity period for tickets is specified in the entrance ticket type description, and is available to the User before they purchase the ticket.

For everything else, the points indicated in the section entitled Specific Ticket Purchase Conditions will be applicable. 

 

3. Specific Purchase Conditions for ''Packs''

In regards to Packs made up of entrance tickets and meals or an additional paying activity, access to the park will be regulated by the Specific Ticket Purchase Conditions with or without specific validity dates depending on each case.

1. Users who have purchased a Pack will present their printed Receipt or PDF download on their Smartphone or equivalent mobile device and exchange it for their Pass&Menu or Pass&Activity on entering the Park.

1.1. The Pass&Menu will be exchanged for a meal according to the type of menu the User selected on purchasing their Ticket.  Do not lose your Pass&Menu, you will need to present it at the restaurant.  If for reasons out of the Restaurant department's control the meal offered originally on the Website cannot be provided, it will be replaced by a similar product. 
1.2. The Pass&Activity must be presented on request to the Park's staff before being able to take part in the activity purchased on the Website.  If the activity offered cannot be provided due to adverse weather conditions or force majeure, the User will be offered a similar activity or a discount card to use at the Park - under no circumstances will a full or partial refund of the pack be issued.

2. On arrival at the park check the opening times and location of the different restaurants, their availability times and where you need to present your Receipt for the product you purchased online.  As well as the location and timetable of the activities you purchased.

3. We reserve the right to close the restaurant facilities, without prior notice, due to capacity or security issues, food and drink related or public health reasons.

4. The facilities where certain activities take place may be closed for maintenance, security due to capacity limitations or weather conditions etc. Please always check availability for the activities and their timetables on the Website or by calling 902 702 902.

 

4. Specific Purchase Conditions for ''Activities''

1. Users who have purchased an Activity will present their printed Receipt or PDF download on their Smartphone or equivalent mobile device and exchange it for their Ticket Activity on entering the Park.

2. If the activity offered cannot be provided due to adverse weather conditions or force majeure, the User will be offered a similar activity, a discount card to use at the Park or the chance to carry out the Activity on a different day.

3. On your arrival at the park, check the location and timetable for the activities you purchased.

4. The facilities where certain activities take place may be closed for maintenance, security due to capacity limitations or weather conditions etc. Please always check availability for the activities and their timetables on the Website or by calling 902 702 902.

5. The sale of Tickets to a third party is strictly prohibited.

6. This product is additional and, as such, does not include entrance to the Park, unless expressly indicated.

7. For everything else, the corresponding points indicated in the section entitled Specific Ticket Purchase Conditions will be applicable.

 

IV. APPLICABLE LEGISLATION

The present Contractual Conditions will be governed by Spanish legislation, and this will be applicable for anything not set out in this contract with regards to the interpretation, validity and execution of the same.

The Park reserves any rights and legal actions which may help them to persecute offenders and request complete compensation for any damages suffered.

The present Contractual Conditions may be modified at any time by PALMA AQUARIUM and/or the Park's management company.  For further information please visit www.palmaaquarium.com. For any questions or to make a claim, please contact the offices in person or by post or email using the addresses specified below:

Palma de Mallorca Aquarium S.A. Calle Manuela de los Herreros i Sorà, 21. 07610 Palma de Mallorca. E-Mail: info@palmaaquarium.com