Prior Information
These Terms and Conditions of Use (hereinafter, the "Terms and Conditions") shall regulate the purchase and sale of the products that (hereinafter, "Bilbao Zerbitzuak") markets through its website bilbaozerbitzuak.bilbao.eus (hereinafter, the "Website").
The details of Bilbao Zerbitzuak are as follows:
- Corporate name: Bilbao Zerbitzuak
- Address: Santimami Auzoa, 4, 48170, Zamudio (Bizkaia)
- Tax ID (N.I.F.): Q4800718A
- Contact Email: [email protected]
Acceptance of the Terms and Conditions of Use and Access to the Website
By using the services of the Website, the user accepts these Terms and Conditions, which define the rights and obligations of the Bilbao Zerbitzuak Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the fact that specific conditions may exist for certain services) and to the contracting of orders through the Website, and they supersede any other conditions.
We refer to "Users" of the Website as any person registered or using it. Anyone can register or use the Website as long as they accept the Terms and Conditions along with all other policies and principles governing the Platform, as detailed below.
The Services provided on this Website are governed by: (i) these Terms and Conditions; (ii) Specific Conditions that may be published on the Website; (iii) current and applicable laws, sectoral regulations, and general criteria and practices.
Registration is not required to access the Website. However, in order to purchase any of the products offered by Bilbao Zerbitzuak, user registration and prior verification and acceptance by Bilbao Zerbitzuak will be required, in accordance with these conditions before the formalization of the corresponding order.
Object
This Website has been launched by Bilbao Zerbitzuak for the purpose of offering users the purchase of tickets to attend guided tours organized by Bilbao Zerbitzuak (hereinafter, the "Products").
At the time of choosing Bilbao Zerbitzuak Products, the user must select the corresponding Product available on the Website. The purpose of these Terms and Conditions is to regulate the sale of these Products to users.
Use of the Website
Users undertake to make a lawful, diligent, honest, and correct use of any information or content they have access to through the Website, all under the principles of good faith and respecting current legality and these Terms and Conditions at all times.
Bilbao Zerbitzuak reserves the right to unsubscribe those users who are misusing their account, performing fraudulent acts, or acts that harm or may harm Bilbao Zerbitzuak.
In the event that Bilbao Zerbitzuak detects any anomaly or there are well-founded reasons that a user is carrying out any fraudulent acts that contravene good faith and these Terms and Conditions, Bilbao Zerbitzuak reserves the right to unsubscribe said person, including all those who have benefited directly or indirectly from such actions, and may also exercise all legal actions that may correspond. In this sense, Bilbao Zerbitzuak declares that it has enabled suitable mechanisms to detect any possible fraudulent, anomalous, or malicious action intended to alter the general conditions of account use by users.
Orders and Purchase Conditions
To make a purchase, users must add the Products they wish to purchase to the cart.
The Website makes the acquisition of the Products offered on it available to you:
Purchase of available Products: The Website will indicate those Products that are available and that users can therefore purchase at the time they wish to buy them.
Purchase of unavailable Products: The Website will indicate those Products that are not available and will offer the user the possibility, if they wish, to sign up for the waiting list so that Bilbao Zerbitzuak can contact them in the event that the requested Product finally becomes available.
Tickets are nominative; the reservation holder must always be a person over 18 years of age. Companions under 18 years of age must always be accompanied by an adult, and they shall act under their responsibility.
The user must download their tickets and bring them physically or electronically on the day of the visit to confirm their attendance.
Prices and Payment Methods
All prices for the Products indicated through the Website are expressed in euros.
The user may pay the amount corresponding to their order by bank card, which will be done through the platform's payment gateway. Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services. Bilbao Zerbitzuak does not access or process user card data in any case. The user must notify Bilbao Zerbitzuak of any improper or fraudulent charge on the payment method used for purchases in the shortest possible time so that the appropriate arrangements can be made.
Deadlines and Place of Delivery
Product Delivery
The user will receive the Product at the email address provided during the purchase process.
Bilbao Zerbitzuak will not be responsible for errors caused in delivery when the address entered by the user in the form is inaccurate, does not correspond to reality, is false, or has been omitted.
Delivery Time and Notification
The user will receive the Product they have purchased through the Website after payment. In the case of having registered on the waiting list, they will receive the Product if there is finally availability on the requested day and time.
Once the purchase is completed by the user, Bilbao Zerbitzuak will send an email to the user confirming the details of the purchase made and with the QR code for access to the event. Said email will assign a purchase reference code and detail the characteristics of the Product.
Information about Bilbao Zerbitzuak Products
The data included on the Website in the descriptions of the Products contain descriptions that originate from Bilbao Zerbitzuak.
All existing information on the Website regarding the Products is truthful, except for typographical errors or omissions.
Therefore, Bilbao Zerbitzuak undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after being informed of them and reserves the right to cancel the order and process a refund of the amount charged, notifying the user in such a case.
Cancellation
The user may cancel the visit up to 72 hours before the scheduled date. In this case, the refund of the purchase amount will be made to the same card used for the purchase. The refund amount may take up to 7 business days to be reflected in your account depending on your bank. If it is a credit card, it may take up to 30 days to see it reflected.
Bilbao Zerbitzuak reserves the right to cancel an event if the number of registered persons is fewer than 5\. In that case, Bilbao Zerbitzuak will try to offer registered persons the possibility of carrying out the visit on another day and, if not possible, will refund the amount of the purchased tickets.
Intellectual Property
Intellectual and Industrial Property relating to the Website.
All rights to the content, design, and source code of this Website and, in particular, including but not limited to, all rights to photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website, and any other intellectual and industrial property rights are owned by Bilbao Zerbitzuak, or by third parties who have expressly authorized Bilbao Zerbitzuak to use them on its Website.
Personal Data Protection
You can consult the Personal Data Protection Processing Register in the Personal Data Protection section of the Bilbao Zerbitzuak website bilbaozerbitzuak.bilbao.eus
Exclusion of Liability
Bilbao Zerbitzuak does not grant any warranty nor is it responsible, in any case, for damages of any nature that may derive from access to or use of the Website contents. Among others, and by way of example but not limited to, Bilbao Zerbitzuak is not responsible for the following circumstances:
- Lack of availability, maintenance, and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the Website's operation.
- Lack of utility of the Website or contents for any service.
- The content of other Internet pages to which links placed on the Website may lead.
- The existence of viruses, malicious or harmful programs on the Website.
- Illicit, negligent, fraudulent use, contrary to these Conditions or good faith, of the Website or its contents by Users, including any infringement of the Intellectual and/or Industrial Property rights of Bilbao Zerbitzuak or third parties.
- Incidents caused by the lack of due diligence on the part of the User or by the misuse of the Website.
- Cases of force majeure, understood as failure, suspension, or interruption of services or use of the Website as a result of energy restrictions, blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunication operators or service, supply or transport companies, or any other causes or circumstances beyond the control of Bilbao Zerbitzuak that prevent normal use of the Website.
Therefore, the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, in any support and by any technical means, is expressly prohibited without express written authorization from Bilbao Zerbitzuak.
Bilbao Zerbitzuak does not grant any license or authorization for use of any kind over its intellectual and industrial property rights or over any other property or right related to the Website, and in no case shall it be understood that user access and navigation implies a waiver, transmission, license, or total or partial assignment of said rights by Bilbao Zerbitzuak.
Any use of these contents not previously authorized by Bilbao Zerbitzuak will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.
Hyperlinks
The Website may contain hyperlinks that allow the user to access third-party websites. Bilbao Zerbitzuak assumes no responsibility for the content, information, or services that may appear on said sites, which shall be understood to be offered exclusively for informational purposes by Bilbao Zerbitzuak, and which in no case imply any relationship, acceptance, or endorsement between Bilbao Zerbitzuak and the persons or entities owning such content or the sites where they are located.
Dispute Resolution
For the resolution of any discrepancy, question, or claim derived directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive their own jurisdiction that may correspond to them and submit to the jurisdiction of the Courts and Tribunals of the city of the user's domicile.
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution for consumer disputes, Bilbao Zerbitzuak informs you that, in the event of a dispute, users residing in the European Union may go to the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out of court any dispute arising from the provision of services by Bilbao Zerbitzuak.
The user can access the "Online Dispute Resolution Platform" through the following link: https://ec.europa.eu/consumers/odr/.
Modifications
Bilbao Zerbitzuak reserves the right to make as many modifications as it deems appropriate to these Purchase Conditions, in which case users will be notified in advance. These modifications will be valid from their publication on the Website.
Safeguard Clause
All clauses or points of these terms of use must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.
Fienta Ticketing OÜ, (henceforth Fienta), registry code 12658162, address Hobujaama 4, Tallinn 10151, e-mail [email protected].
When visiting and using the Fienta web platform (henceforth e-ticket shop), the following terms of service (henceforth terms of service) apply to the user of the e-ticket shop (henceforth Buyer):