Legal notice for the website www.barcelonacitytour.com

1. ABOUT THIS LEGAL NOTICE AND ITS ACCEPTANCE

This legal notice governs the use of the service of the website “www.barcelonacitytour.com”, which UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. makes available to Internet users. UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. has its registered address in Hospitalet de Llobregat, at Calle Santa Eulalia 240 – 4º Planta, 08902 de Barcelona, Spain, and its fiscal identification number (CIF) is U-65014938.

Use of the website attributes the condition of website user to those using the website and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, the general contracting conditions and the privacy policy in the version published by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. from the time the user accesses the website. As a result, users should read this legal notice carefully every time they decide to use the website, as the notice may be subject to changes.

The use of the services provided to the users through the website is subject to specific conditions (hereinafter, the general terms and data-protection policy), which, depending on each case, replace, complete and/or modify this legal notice.
Therefore, before using these services, users must also carefully read the corresponding general terms and data-protection policy, to which users shall be subject in the process of online sales or data collection.

Furthermore, use of the website is also subject to all notices, conditions of use and instructions, of which users are notified by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A., which replace, complete and/or modify this legal notice.

2. OBJECT

Through the website, UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. provides users with access to and use of tourist bus services in the city of Barcelona and content made available by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. or by third parties. In relation to these, the meteorological information for the city published by the website containing this information is used to provide information on the weather for tourists or users of our service and promotional activities of third-party companies not linked to the Julià group.

3. TERMS FOR ACCESSING AND USING THE WEBSITE

3.1. Free Access and Use of the Website

Access to the website detailing the services provided by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. is free for users of the website. Nevertheless, some of the services provided by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. through the website are subject to payment of a fee, as determined in the corresponding general terms and which must be accepted before proceeding with the purchasing process.

3.2. User Registration

In general, provision of the services does not require prior subscription or registration of the users. Nevertheless, UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. makes use of some of the services conditional upon prior completion of the corresponding form, which is available to those who wish to make use of the online ticket-sales service, work with us or perform queries.

3.3. Truthfulness of the Information

All information provided by the user through the services must be true. To these effects, the user guarantees the authenticity of all the data communicated as a result of completion of the necessary forms for providing the services. Similarly, the user shall be responsible for keeping all the information supplied to UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. permanently up to date and adapted at all times to the real situation of the user. In any event, the user shall be the sole party responsible for false or inaccurate statements made by them and for any damages that this might cause to UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. or to third parties as a result of the information provided.

3.4. Minors

In order to use the services, minors must first obtain permission from their parents, legal guardians or their legal representatives, who shall be considered responsible for any act carried out by the minors in their charge. The required legal age for contracting services is 18 years, except for minors who have been empowered to this effect by their legal guardians.

Full responsibility in determining the specific content and services to which minors may have access lies with the legal guardians or their legal representatives responsible for said minors. As Internet allows access to content that may not be appropriate for minors, users are notified of the existence of mechanisms, specifically computer programs for filtering and blocking, which make it possible to limit the content available and, while these programs are not infallible, they are especially useful for controlling and restricting the material accessible by minors.

3.5. Obligation to Make Correct Use of the Website and Services

Users undertake to use the website and services in accordance with the law and for the purpose for which they were created.
To this effect, users shall abstain from using any of the services for illicit ends or purposes, prohibited in this legal notice, or which harm the rights and interests of third parties, or in any way might damage, put out of action, overload, deteriorate or prevent the normal use of the computer services or documents, files or any type of stored date in any computer (hacking) of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A., of other users or any user of the Internet (hardware and software).

In particular, the User undertakes not to transmit, disseminate or place at the disposal of third parties information, data, content, messages, graphics, drawings, sound and/or image files, recordings, software and, in general, any type of material, data or content that:

1. Contravenes or harms the fundamental public rights and freedoms recognized in the constitution or by international treaties or other law.
2. Is protected by any intellectual or industrial property rights belonging to third parties unless the User has obtained the necessary prior permission from the holders of these rights for the intended use.
3. Transmits material classified as professional secrets of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A.,     TRAP, S.A. to third parties or undermines its credibility as a company.
4. Is contrary to the honour, personal and family intimacy or image of any persons.   
5. Is in breach of the law on communication secrecy.
6. Constitutes, where applicable, illicit, misleading or unfair advertising, or advertising that, in general, constitutes unfair competition.
7. Includes viruses or other physical or electronic elements that might damage or prevent the normal     operation of the network, the system or computers (hardware and software) of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. or of third parties.
8. Due to its characteristics (format, file extension, etc.), causes difficulties in the normal operation of the service.
9. Contains HTML labels other than those expressly authorized by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A.

3.6. Obligation to Make Correct Use of the Content

Users undertake to use the content made available to the users on the website, understood as, but not limited to the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as the graphic design and source code (hereinafter, the content), in accordance with the law, this legal notice, the specific terms of certain services and other notices, and, in particular, they undertake to abstain from:

1. Reproducing, copying, distributing, making available or publicly communicating in any other way, transforming or modifying the content, unless they have the authorization of the owner of the     corresponding rights or it is legal to do so.
2. Deleting, manipulating or altering in any other way the copyright and other identifying data of reserved rights of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. 

3.7. Introduction of Hyperlinks to Allow Access to the Pages of the Website and Services

Users and, in general, those who intend to establish a hyperlink between their web page and the website (hereinafter, hyperlink) must comply with the following terms:

1. A frame shall not be created over the pages of the website.
2. No false, inaccurate or incorrect statements or indications shall be made regarding UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. , its directors, its managers, the web pages of the website or the services provided.
3. The web page on which the hyperlink is established shall not contain information or content that is illicit,     contrary to generally accepted moral standards and good manners or public order, nor shall it contain content that is contrary to the rights of third parties.

The establishment of the hyperlink does not, in any case, imply the existence of relations between UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. and the owner of the web page on which the hyperlink is established, nor the acceptance or approval by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. of its content or services.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

All brands, commercial names or distinctive signs of any kind, including photographs that appear on the website are the property of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. or of third parties and it shall not be understood that the use of or access to the website and/or the services attributes to the user any rights regarding said brands, commercial names and/or distinctive signs.

Furthermore, the content is the intellectual property of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. or of third parties and none of the operating rights that exist or may exist shall be understood to be transferred to the user, pursuant to the provisions of this legal notice, beyond what is strictly necessary for the correct use of the website and the services.

5. EXCLUSION OF GUARANTEES AND LIABILITY

5.1. Exclusion of Guarantees and Liability for the Operation of the Website and Services

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. does not guarantee the availability and continuity of the operation of the website and services. Whenever reasonably possible, UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. shall provide notice of any interruptions to the operation of the website and services.
UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. excludes, with all the extensions allowed by the law, any liability for damages of any kind that may be due to the lack of availability or continuity of operation of the website and services, or the failure of utility that users might attribute to the website and services and to the failures in access to the different web pages of the website or those from which the services are provided.

5.2. Exclusion of Guarantees and Liability for Content

5.2.1. Quality

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. maintains all technical updates to prevent computer damage and complies with the technical measures of the organic law on data protection in order to guarantee privacy; nevertheless, it does not guarantee the absence of viruses or other elements in the content that may adversely affect your computer system (software and hardware) or the electronic documents and files stored in your computer system. UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. excludes any liability for damage of any kind that might cause adverse effects in the computer system, electronic documents or files of the users.

5.2.2. Lawfulness, Reliability and Utility

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. excludes any liability for damages of any kind that may be due to the transmission, dissemination, storage, making available, reception, obtaining or accessing of the content, and, in particular, though not exclusively, for damages that may be due to the following:

1. Failure to comply with the law, as a result of transmission, dissemination, storage, making available, reception, obtaining or accessing of the content.
2. Infringement of the intellectual and industrial property rights of the secrets of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A., of contractual commitments of any kind, of the right to honour,     personal and family privacy and the image of people, property rights and rights of any other kind belonging to a third party as a result of transmission, dissemination, storage, making available,     reception, obtaining or accessing of the content.
3. Acts of unfair competition or unlawful advertising as a result of transmission, dissemination, storage,     making available, reception, obtaining or accessing of the content.
4. Lack of truth, accuracy, exhaustiveness, pertinence and/or actuality of the content.
5. Failure to comply, delay in complying, defective compliance or termination for any reason with or of the obligations contracted by third parties and contracts executed with third parties through or as a     result of accessing the content.
6. Vices or defects of any kind of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained, or those which have been accessed via the website or services.

5.3. Exclusion of guarantees and liability for services provided by third parties through the website

5.3.1. Quality

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. excludes any liability for damage of any kind that might be due to viruses or the presence of other harmful elements in the services provided by third parties through the website and that may cause adverse effects in the computer system, electronic documents or files of the users.

5.4. Exclusion of Guarantees and Liability for Information, Content and Services Hosted Outside the Website

The website makes available to users technical linking devices (such as links, banners, buttons, etc.), which allow users to access the websites belonging to and/or managed by third parties (hereinafter, linked sites). The installation of these links on the website has the sole purpose of facilitating access by the users to the information, content and services available on said websites.

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. does not offer or sell itself or through third parties the information, content and services available on the linked sites, nor does it first control, approve, recommend or monitor them or make them its own property.

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. does not guarantee or assume any liability for damage of any kind that might be due to the following:

1. The operation, availability, accessibility or continuity of the linked sites.
2. The maintenance of the information, content and services exiting on the linked sites.
3. The provision or transmission of the information, content and services exiting on the linked sites.
4. The quality, lawfulness, reliability and utility of the information, content and services exiting on the linked sites, provided by third parties through the website.

5.5. Exclusion of Guarantees and Liability for Use of the Website, Services and Content by the Users

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. excludes any liability for damages of any kind that may be due to the use of the services and content by the users or which may be due to the lack of truthfulness, actuality and/or authenticity of the information that the users provide to other users about themselves and, in particular though not exclusively, due to damages of any kind that might be due to identity theft of a third party carried out by a user in any kind of communication carried out through the website.

6. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES

In the event that any user or third party considers that events or circumstances exist that show the illicit nature if the use of any content and/or the performance of any activity on the web pages included in or accessible through the website, or other rights, they should notify UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A.

7. DURATION AND TERMINATION

Provision of the website service and the other service is, in principle, of indefinite duration. UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. , however, is authorized to terminate or suspend the provision of the website service and/or any of the services at any time, without prejudice to the provisions of the corresponding general terms. Whenever reasonably possible, UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. shall provide notice of any termination or suspension of the provision of the website services and other services.

8. COOKIES

UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. may use cookies when a user surfs the sites and pages of the website. The cookies that may be used on the sites and web pages of the website are only associated with the browser of a specific computer (anonymous user) and do not, of themselves, provide the name and surnames of the user. Thanks to the use of cookies, UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. is able to recognize the browsers of the users. Users can configure their browsers to provide them with an on-screen notification of reception of cookies and prevent the installation of cookies on their hard disk. Please see the instructions and manuals of your browser for further information on this subject. To use the website, it is not necessary for users to allow the installation of the cookies sent by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A.

The cookies used on the sites and web pages of the website may be served by UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. , in which case, they are sent from the different servers operated by them, or from the servers of specific third parties who provide us with services and serve cookies on behalf of UTE JULIÀ TRAVEL, S.A., MARFINA BUS, S.A., TRAP, S.A. (such as the cookies used to provide advertising or specific content that allows users to view advertising or certain content at the predetermined time, number of times and in the predetermined form). Provided that the option to prevent the installation of cookies in your hard disk is not activated, users can explore their hard disk by following the instructions manual and help files of their operating system (normally, in Windows operating systems, it is necessary to explore the “C” folder or the hard disk folder containing /Windows/temporary Internet files) in order to obtain more detailed information on each server from which the cookies are sent and to delete these cookies.

9. APPLICABLE LEGISLATION

This legal notice is governed by the following agreement: the parties involved agree that any lawsuits, discrepancies, incidents or complaints resulting from the execution or interpretation of this legal notice or in relation to it, directly or indirectly, shall be definitively resolved by means of arbitration in the arbitration court of the college of attorneys of Barcelona, which is responsible for the administration of arbitration and appointment of arbitrators, in accordance with its Regulations and Articles of Association. Similarly, the parties expressly state their commitment to comply with the relevant arbitration decision. The arbitration decision shall be final and binding for the parties, who shall except it without conditions.

To effects of subsidiarity and if necessary, the parties submit to the courts and tribunals of Barcelona, expressly waiving their corresponding jurisdictions.
Nevertheless, both parties shall do everything reasonably necessary to try to resolve any conflicts in an amicable manner.