GENERAL TERMS AND CONDITIONS OF USE AND ELECTRONIC CONTRACTING
Updated on July 8, 2024
These General Terms and Conditions of Use and Electronic Contracting of the EPEL-CACT, hereinafter referred to as the “General Terms and Conditions,” govern the access and contracting of products and services by the User through the Website www.cactlanzarote.com (hereinafter, “WEBSITE”).
The use of the public WEBSITE for consultation, reservation, or contracting of goods or services, or the private WEBSITE through a user and password as a collaborator, attributes the status of user of the WEBSITE (hereinafter, “USER”).
Online purchases made through this website are governed by the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws, by Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, and other applicable regulations, as well as by these general terms and conditions. Unless otherwise indicated, the USER may make the purchase operation in the same language in which these general terms and conditions are written.
Identification of the Parties
On one side, the Local Public Business Entity Centers for Art, Culture, and Tourism of the Cabildo of Lanzarote (hereinafter “CACT Lanzarote”) with CIF: Q-3500356-E and registered office at Ctra de San Bartolomé, No. 71, 35500 Arrecife de Lanzarote, Las Palmas. Phone: +34 901 200 300. Email: info@centrosturisticos.com.
And on the other side, the USER who declares to be of legal age (over 18 years old) and has the necessary legal capacity to acquire the services offered through the WEBSITE and use it according to the General Terms and Conditions detailed below, which they declare to understand and expressly accept.
GENERAL INFORMATION
In compliance with the obligation to provide information contained in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following data are provided:
The company owning the WEBSITE is the LOCAL PUBLIC BUSINESS ENTITY CENTERS FOR ART, CULTURE, AND TOURISM OF THE CABILDO OF LANZAROTE (“EPEL-CACT”) CIF: Q3500356E Registered office at Calle Triana No. 38, 35500, Arrecife. Registered in the Commercial Register of Lanzarote, Folio, Volume, Sheet Contact phone: 928801500
EPEL-CACT operates the WEBSITE and the Centers for Art, Culture, and Tourism of Lanzarote, hereinafter the CENTERS, and offers and manages the contents, products, and services to the USER of the WEBSITE. The owner of the WEBSITE reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Terms and Conditions and, in general, of any elements that comprise the design and configuration of the WEBSITE.
USER
Access and/or use of the public WEBSITE for consultation, reservation, or contracting of goods or services, or the private WEBSITE through a user and password as a collaborator, attributes the status of user of the WEBSITE (hereinafter, “USER”), who accepts, from the access and/or use, these General Terms and Conditions. These General Terms and Conditions will apply directly upon accessing the WEBSITE content. Access to the WEBSITE is completely free and does not require prior subscription or registration. The USER agrees to access the WEBSITE in accordance with the principles of good faith and these General Terms and Conditions of Use, with access and use being made under their sole responsibility. Likewise, the USER agrees to use the contents and services offered through the WEBSITE lawfully, diligently, and appropriately, always respecting the current legality and these General Terms and Conditions. It is the USER’s responsibility to carefully read these General Terms and Conditions each time they access the WEBSITE, as they may be modified. Updates to the General Terms and Conditions will be published on the WEBSITE and will be considered accepted by the USER by continuing to use the WEBSITE after the publication of such modifications.
SERVICE DESCRIPTION
EPEL-CACT operates the WEBSITE and the Centers for Art, Culture, and Tourism of Lanzarote, hereinafter the CENTERS, and offers and manages the contents, products, and services to the USER of the WEBSITE.
Prices
The ticket sales and reservation portal will provide clear and accurate information on the price of products or services, indicating, if applicable, any additional costs and service conditions. The prices published on the WEBSITE and in the ticket sales and reservation portal indicate the applicable taxes in each case.
CACT Lanzarote commits to updating the prices and contents on the WEBSITE with the utmost diligence to ensure that they are always truthful and up-to-date. However, if any typographical error occurs beyond our control, CACT Lanzarote commits to correcting such errors as soon as possible. Likewise, if any price contains an error and any USER has been unintentionally affected by it and could not reasonably detect the error, CACT Lanzarote will maintain the initially offered price for such USER.
USER Obligations
The PRODUCTS AND SERVICES made available to the USER on the WEBSITE are offered on the condition that they accept without modification all the terms, conditions, and notices detailed in these General Terms and Conditions. By accessing and/or using the WEBSITE in any way, the USER agrees to be bound by these General Terms and Conditions and declares that they have read and understood their content.
Please read the General Terms and Conditions carefully, as they contain information regarding your legal rights and the limitations of such rights, as well as a section on the applicable legislation and jurisdiction for any disputes. If the USER does not accept all of the General Terms and Conditions, they should not use the WEBSITE or purchase any PRODUCT or SERVICE. For all purchases and/or reservations of PRODUCTS or SERVICES, it will be considered that the USER performing such action has the consent to accept these General Terms and Conditions on behalf of the persons included in the purchase or reservation of PRODUCTS or SERVICES, and declares to have provided them with the information included in the Data Protection Policy available on this WEBSITE.
Future changes or modifications to the General Terms and Conditions may be made according to the terms and conditions specified herein; in such a case, the USER understands and agrees that access to and continued use of the WEBSITE after such changes mean acceptance of the new updated or modified General Terms and Conditions. The date of the last modification of the General Terms and Conditions will be indicated at the top of this page. All modifications will take effect immediately after their publication. The USER should periodically return to this page to review the most current version of the General Terms and Conditions.
The USER is responsible for providing accurate data during the purchase and/or reservation processes established on the WEBSITE. The fields for purchase and/or reservation are freely entered, so the WEBSITE has no means to identify and correct errors in the data entered. The USER must exercise the utmost diligence in completing the form. The USER who purchases a product or service at a reduced rate must present documentation that accredits it at the ticket office upon entering the premises.
The USER will be responsible, in any case, for the truthfulness of the data provided and will be responsible for notifying CACT Lanzarote of any modification to them, reserving CACT Lanzarote the right to exclude from registered services any USER who has provided false data, without prejudice to other actions that may proceed under the Law.
It is prohibited for the USER, through the use of the WEBSITE, to engage in illegal activities, contrary to good faith, customs, morality, or public order.
It is prohibited for the USER, through the use of the WEBSITE, to engage in activities that constitute an infringement of intellectual and industrial property regulations or any other applicable legal provision.
CACT Lanzarote reserves the right to deny or withdraw access to the Portal and/or Services at any time and without prior notice to any USER who fails to comply with these General Terms and Conditions.
Exemptions and Limitations of the Contract
We suggest you read this section carefully as it limits the liability of CACT Lanzarote to you for any inconveniences that may arise in connection with your use of the WEBSITE and purchases and/or reservations made on the ticket sales and reservation portal. If you do not understand the terms of this section or any other part of the General Terms and Conditions, consult a lawyer to clarify any doubts before accessing and using the WEBSITE or making a purchase and/or reservation on the ticket sales and reservation portal.
The information, content, software, products, and services published on the WEBSITE may contain inaccuracies or errors, including errors in availability and pricing. CACT Lanzarote does not guarantee the accuracy of the information and descriptions of the products and services shown on the WEBSITE (which includes, without limitation, the availability of seats, photographs, features, inclusions and exclusions, general descriptions of products and services, opinions, ratings, etc.). It also assumes no responsibility for errors and inaccuracies in such information and descriptions of such products and services. Furthermore, CACT Lanzarote explicitly reserves the right to correct any errors in availability and pricing on the WEBSITE and/or in pending reservations made at an incorrect price.
Accordingly, the USER uses this WEBSITE and purchases and/or reserves the products and services offered at their own risk, and CACT Lanzarote (or its executives, directors, and employees) will not be liable for any losses or damages arising from or related to the following events: business interruptions of any kind (including, without limitation, the loss of data and/or information and the costs of obtaining substitute goods or services); access, viewing, or use of this WEBSITE by the USER; delay or inability to access, view, or use this WEBSITE, the comments and opinions appearing on this WEBSITE. This applies to losses, damages, or injuries regardless of their basis, even if CACT Lanzarote has been advised of the possibility of their occurrence.
This limitation and exemption of liability do not affect the mandatory legal rights that cannot be excluded under applicable law.
Exemptions of Liability for Events or Services Organized by Third Parties
Third-party providers organizing events (hereinafter indistinctly “event” or “service”) advertised and sold on this WEBSITE are independent contractors and not agents or employees of CACT Lanzarote. Therefore, CACT Lanzarote will not be liable for the acts, errors, omissions, statements, warranties, breaches, negligence, or misconduct of any of such providers, nor for any personal injuries, death, property damage, or other damages or expenses arising therefrom or in any way related to the purchase, reservation, or use by the USER of a product or service offered by such third parties through this WEBSITE. It is expressly stated that for events organized by third parties, CACT Lanzarote’s refund and cancellation policies do not apply, only those of the direct organizer of such events. Thus, the USER will be subject to the general terms and conditions of the direct organizer of such events.
CACT Lanzarote will not be liable for or make refunds in the event of any delays, cancellations, overbooking or overselling, strikes, force majeure, or other causes beyond its direct control, nor will it be liable for any additional expenses, omissions, delays, changes in itinerary, or conduct of any scheduled event beyond its direct control.
ELECTRONIC PURCHASE PROCEDURES
The USER will select the product or service of interest on the WEBSITE (of CACT Lanzarote or third parties), individual visit tickets to CACT Lanzarote, vouchers, event tickets, table reservations, and/or any other product or service included on the WEBSITE. They will review the descriptions, as well as the characteristics, conditions, and final prices indicated in the descriptive sheet. After checking the availability of seats, they will fill in the required information fields, such as the event date and/or the number of requested seats. The USER should carefully review the accuracy of the data included and ensure there are no typographical errors. Once the service is selected, the USER will need to enter the required data in the mandatory fields of the form and initiate the electronic purchase and/or reservation process.
Before confirming the purchase, the USER must read and expressly accept these General Terms and Conditions, including the return or refund conditions, as well as confirm that they have read and accepted the Privacy Policy and Legal Notice by checking the corresponding boxes provided for this purpose.
You can consult the Privacy Policy and Legal Notice here.
Once the required data is completed and after clicking the “Pay,” “Reserve,” or similar button, the USER will be redirected to a secure payment gateway where they can pay by credit card (Redsys) or PayPal or another system enabled for this purpose.
– Once the payment is completed, the USER will receive a confirmation email with the purchase and/or reservation ticket(s) within 24 hours to the email address provided during the purchase and/or reservation process. This communication will describe the purchase made and its characteristics. If the USER does not receive this email, they should check their “junk” or “spam” folder. If it is not found there, they should inform CACT Lanzarote as soon as possible to resolve the issue.
Tickets can be stored through reservation storage applications on electronic devices and/or printed. CACT Lanzarote access personnel will scan the QR code to verify its validity and grant access to the facilities or product and/or service. It is the USER’s responsibility to present their ticket, either printed or on a mobile device with a legible QR code.
Payments and Billing
Payment for services contracted through the WEBSITE will be made in ADVANCE unless expressly indicated otherwise.
The purchase of any product and/or service will only be effective once CACT Lanzarote has validly charged it, either by credit/debit card or PayPal, until which time it can be canceled by CACT Lanzarote.
To proceed with the payment, the USER must follow all the instructions indicated at the time of purchase, providing the following information: Cardholder name, card type, card number, security code, card expiration date, or any other information required during the purchase process. The USER agrees not to provide false data, including names, addresses, and/or payment details, and not to engage in any illegal activity in connection with the purchase or allow anyone else to do so.
Confidentiality in payment is guaranteed through a secure payment module called Payment Gateway (Secure Payment System “Verified by VISA”): the payment is made through an independent WEB. By making the payment through the gateway, the USER connects directly to the bank’s website without any intervention from CACT Lanzarote. CACT Lanzarote does not register, store, or have access to the complete credit card data of the USER.
CANCELLATION OF PURCHASES
Cancellation of Individual Tickets to the Center
The USER does not have the right to withdraw from the purchase of tickets to the CENTERS for free visits due to an exception in Article 103, section L) of Royal Legislative Decree 1/2007, of November 16, which states: “The right of withdrawal shall not apply to contracts concerning: The supply of accommodation services for purposes other than housing, transportation of goods, car rental, food, or services related to leisure activities, if the contracts provide for a specific date or period of execution.” Consequently, CACT Lanzarote does not accept changes or refunds once the payment for the tickets to visit the Centers has been made.
Cancellation of Events
Cancelling an Event by the customer will result in a cancellation fee of 100% of the ticket.
Cancellation of Services or Events by CACT Lanzarote
CACT Lanzarote reserves the right to cancel services or events. In such cases, the USER can choose between the following options, subject to the feasibility and approval of EPEL-CACT according to the circumstances:
- Reschedule the service or event to an alternative date.
- Opt for an alternative service of similar value to the contracted activity.
- Request a 100% refund of the purchase amount, which will be processed, when possible, via bank transfer to an account number provided by the customer.
Similarly, EPEL-CACT, in case of any changes to an event or show, commits to publishing it on the WEBSITE as soon as it becomes aware of the changes to keep USERS duly informed.
Complaints and Claims for Services Provided by CACT Lanzarote
We provide the USER with the email address info@centrosturisticos.com to address any questions or queries about the operation of our services they may consider necessary.
Intellectual Property
The entirety of this WEBSITE: text, images, video, sounds, trademarks, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, arrangement, and presentation of its contents; is the property of CACT Lanzarote, and its reproduction, distribution, public communication, and transformation, retransmission, copying, transfer, or broadcasting, in whole or in part, of the information contained on these pages, regardless of its purpose and the means used, is prohibited.
The USER agrees to use the services and content on the WEBSITE in accordance with the Law and the general and particular terms and conditions of the services offered by CACT Lanzarote at all times, refraining from using them to introduce data programs that could cause damage to the computer systems of CACT Lanzarote, its suppliers, or third-party users of the internal network or the WEBSITE.
The USER may not establish links to web pages of the WEBSITE without the written consent of CACT Lanzarote.
The reproduction, transformation, or distribution of such contents, as well as any act of decompilation or reverse engineering, is expressly prohibited, except for access, viewing, or reproduction through CACT Lanzarote. In no case will any form of extraction, reuse, and/or exploitation of the contents be allowed that would involve acts contrary to what is established in these conditions or that harm the rights or interests of the service provider, CACT Lanzarote, or third parties. Such exploitation acts may only be carried out with the express authorization of CACT Lanzarote and must, in any case, make explicit reference to the ownership of the cited intellectual property rights. The unauthorized or improper use of the information contained on this website will result in the legal actions that correspond to such Administration and, where appropriate, the responsibilities that arise from such exercise.
The dissemination of content of a racist, xenophobic, pornographic nature, advocating terrorism, and/or infringing on human rights is expressly prohibited.
CACT Lanzarote will not be responsible, directly or subsidiarily, for:
- The information entered by USERS, collaborators, and third parties.
- The USER’s infringement of intellectual and industrial property rights, rights to honor, personal and family privacy, and the image of individuals (photographs, videos), property rights, and any other nature belonging to a third party as a result of the transmission, dissemination, storage, provision, reception, obtaining, or access to content.
- The links and hypertext that enable, through the WEBSITE, the USER to access services offered by third parties, do not belong to or are under the control of CACT Lanzarote; CACT Lanzarote will not be responsible for the information contained therein, nor for any effects that may arise from such information. CACT Lanzarote does not sponsor or guarantee any of these third-party websites, which have been included for the USER’s convenience.
Dispute Resolution Methods
In case of a dispute, users have the option to resort to alternative dispute resolution methods, such as mediation or arbitration, in addition to the competent courts. For more information, please contact our customer service at the following email address: info@centrosturisticos.com.
Privacy Policy and Personal Data Protection
CACT Lanzarote is committed to protecting the privacy of users’ personal data. All collected information is used in accordance with our Privacy Policy, which can be consulted at the following link: Privacy Policy. This policy details how we collect, use, store, and protect users’ personal data. All this information is an integral part of these General Terms and Conditions. Any communication regarding privacy policy and data protection should be directed to the Data Protection Officer at the following email address: lopd@centrosturisticos.com.
Right of Admission
The Centers for Art, Culture, and Tourism (EPEL-CACT) reserve the right of admission and permanence in their facilities and at events or activities they organize. This right may be exercised in the following cases:
- Substance Consumption: Entrance and stay in EPEL-CACT facilities will not be allowed to persons under the influence of alcoholic beverages, narcotics, psychotropics, stimulants, or similar substances, or who carry such substances.
- Inappropriate Conduct: Access will be denied or any person displaying inappropriate attitudes, including disrespect towards the organization staff or other users, will be expelled.
- Negative Impact on the Environment: Entry or stay will be denied to those whose conduct may negatively affect the space, the experience of other visitors, or the proper functioning of the facilities.
- Non-compliance with Indications: The event organizer may deny access or expel from the premises anyone who does not comply with the instructions of the organization staff or behaves in a manner that disrupts the order and security of the event or activity.
EPEL-CACT reserves the right to take the necessary measures to ensure the safety, public order, and proper enjoyment of the facilities and activities by all users.
Liability for Damages
All collected information is used in accordance with our Privacy Policy, which can be consulted at the following link: Privacy Policy. This policy details how we collect, use, store, and protect users’ personal data. All this information is an integral part of these General Terms and Conditions.
Any communication regarding privacy policy and data protection should be directed to the Data Protection Officer at the following email address: lopd@centrosturisticos.com.
Economic Sanctions
Non-compliance with the rules established by the Centers for Art, Culture, and Tourism may result in economic sanctions. These sanctions will be determined based on the severity of the infringement.
Legislation
These General Terms and Conditions are subject to Spanish law. The courts of Arrecife in Lanzarote will have jurisdiction over any disputes arising from these General Terms and Conditions, except for legally established exceptions.
If any clause included in these General Terms and Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will affect only that provision or part thereof that is null or ineffective, subsisting the General Terms and Conditions in all other respects, with such provision or part thereof being deemed not to have been included.
