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PARQUES REUNIDOS SERVICIOS CENTRALES, S.A. (hereinafter, "PARQUES REUNIDOS"), with registered office at Federico Mompou, 5, Parque Empresarial "Las Tablas", Edificio 1 - Planta 3ª, 28050, Madrid with N.I.F. A-84.885.441 and registered in the Mercantile Registry of Madrid in Volume 23.506, Folio 58, Page M-421. 702, is the holder of the right to access and use the domain menus.preoday.com/costa-daurada, as licensee, together with the companies of its Group, the licensor being the Scottish company QikServe Limited, and which provides access to the Click&Collect platform (hereinafter, the "PLATFORM").
PARQUES REUNIDOS places the PLATFORM, as well as its contents, at the disposal of the Users, in order to provide them with information about products, services and offers of PARQUES REUNIDOS and its subsidiaries (hereinafter, the "PARQUES REUNIDOS GROUP"), to allow the provision of services for the purchase of products and catering services in certain establishments of Parque Aquopolis Villanueva (hereinafter, the "Park").
Notwithstanding the foregoing, the contracting of the different products and services offered through the PLATFORM will be carried out by LEISURE PARKS, S.A., a company of GRUPO PARQUES REUNIDOS which operates through the PLATFORM and is the owner of the management of the Park, and, therefore, responsible for the sale and/or management of all products and/or services related to the Park.
The identification data of LEISURE PARKS, S.A. are the following:
Leisure Parks, S.A., with registered office at Federico Mompou, 5, Parque Empresarial "Las Tablas", Edificio 1 - Planta 3ª, 28050, Madrid and C.I.F. A-79.496.394. Registered in the Mercantile Registry of Madrid in Volume 379, Folio 172, Page M-7.437.
Likewise, you can contact the Customer Service Department at the following email: info@aquopolis.com. The cost of the call does not exceed the basic interprovincial rate.
1. OBJECT
These Particular Conditions for Contracting and Use of the PLATFORM, together with the General Contracting Conditions which, if applicable, govern the provision of online purchase services or any other general conditions governing any type of tool, product or service made available to the Users on the PLATFORM, are intended to regulate both the provision of information and the commercial relations which arise between PARQUES REUNIDOS and the Users for the use of the PLATFORM.
PARQUES REUNIDOS may, at any time and without prior notice, modify these Particular Conditions of Contracting and Use of the PLATFORM, as well as the General Conditions of Contracting or other conditions governing any type of tool made available to the Users on the PLATFORM, by publishing such modifications on the PLATFORM so that they can be known by the Users, always before visiting the PLATFORM or acquiring any products, goods, services or the use of tools or applications offered on the PLATFORM. In such case, the modifications shall come into force as soon as they are published and shall be applicable to all the Users of the PLATFORM as of that date.
Simple browsing through the PLATFORM is free of charge, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User. When accessing the PLATFORM, the user may choose between accessing as a guest or registering as a user. By registering as a registered user, the user will speed up the purchasing process in successive uses.
PARQUES REUNIDOS may include in the PLATFORM third party contents and links to third party web pages, always with the authorization of their owners. In none of these cases PARQUES REUNIDOS will be responsible for the pages and contents of third parties, as well as the operation, conditions and availability of the same. Please review our Privacy Policy, which can be accessed through the following link.
2. ACCESS TO SERVICES
Through the PLATFORM, Users may order certain products in the Park's catering establishments that appear available on the PLATFORM at any given time.
All the means and technical requirements needed to access the PLATFORM and the products or services offered therein shall be the exclusive responsibility of the User, as well as any expenses or taxes to which the aforementioned provision of services or acquisition of products may give rise.
Once accessed, and in order to proceed with the use of the different services, the User shall follow all the indications and instructions given on the screen, filling out for this purpose the information required by the forms set out in the PLATFORM, which shall imply the prior reading, understanding and acceptance of all the general and particular conditions of contracting set out therein.
PARQUES REUNIDOS reserves the right to deny or withdraw access to its PLATFORM and/or the services or products offered without prior notice, to those Users who do not comply with these Particular Conditions of Contracting and Use of the PLATFORM and the General Conditions of Contracting and/or the law, as well as, if applicable, to withdraw all those contents, comments and/or contributions of the User that are contrary to these Particular Conditions of Contracting and Use of the PLATFORM, the General Conditions of Contracting and/or the law.
The access and use of the PLATFORM, as well as the voluntary creation of a profile by the User, implies the knowledge and express and unequivocal acceptance of these Particular Conditions of Contracting and Use of the PLATFORM and the General Contracting Conditions by all Users.
3. LIABILITY OF PARQUES REUNIDOS
PARQUES REUNIDOS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may derive from the access or use of the contents of the PLATFORM, unless such damages are attributable to PARQUES REUNIDOS' willful misconduct. The User acknowledges and accepts that the use of the PLATFORM, as well as the provision of the services offered therein, is done at the User's sole risk and responsibility. PARQUES REUNIDOS shall not be held responsible for any damages that may arise from, by way of example but not limited to, the following facts:
PARQUES REUNIDOS does not control, in general, the use that Users make of the PLATFORM. In particular, PARQUES REUNIDOS does not guarantee in any way that the Users use the PLATFORM in accordance with the law, these Particular Conditions of Contracting and Use of the PLATFORM, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
PARQUES REUNIDOS does not guarantee the availability and continuity of the operation of the PLATFORM. Likewise, PARQUES REUNIDOS does not guarantee the usefulness of the PLATFORM or its contents for the performance of any particular activity or purpose. PARQUES REUNIDOS may temporarily suspend, without prior notice, access to the PLATFORM for maintenance, repair, updating or improvement operations. However, and whenever circumstances permit, PARQUES REUNIDOS shall inform the User, with sufficient advance notice, of the planned date for the suspension of the services. PARQUES REUNIDOS excludes any type of liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the PLATFORM or to the lack of usefulness that the Users may have attributed to the PLATFORM.
PARQUES REUNIDOS guarantees that it has appropriate measures in place and that they comply with the security standards that current technology allows. Access to transactional services and those that include the capture of personal data is done in a secure environment using the SSL (Secure Socket Layer) protocol with high security encryption of 128 bits. The secure server establishes a connection so that the information is transmitted encrypted. This ensures that the transmitted content is only intelligible to the "client" computer and the server. The User can check that he is in a secure environment if a closed padlock appears in the status bar of his browser. The guarantee of security of the servers of PARQUES REUNIDOS is supported by a certificate issued by the company VeriSign.
When the User places the Order through the PLATFORM, the payment for the purchase of the products will be made through the payment gateway contracted by PARQUES REUNIDOS, which will apply a security system in accordance with the Payment Card Industry Data Security Standard or PCI DSS (Payment Card Industry Data Security Standard), as well as other legal obligations such as the prevention of money laundering.
PARQUES REUNIDOS, in its commitment to fraud prevention, will collaborate both with the payment platform used for the acquisition of products through the PLATFORM, as well as with the competent authorities, facilitating the information of any transaction that may be necessary, always in compliance with the legal requirements in force.
4. USER OBLIGATIONS
In general, the User is obliged to comply with these Particular Conditions of Contracting and Use of the PLATFORM, as well as to comply with the special warnings or instructions for use contained in the PLATFORM and to always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the PLATFORM in any way that may impede, damage or deteriorate the normal operation of the same, the property or rights of PARQUES REUNIDOS, the PARQUES REUNIDOS GROUP, the rest of the Users or, in general, any third party.
Specifically, and without implying any restriction to the obligation assumed by the User in general and in accordance with the previous section, the User undertakes, in the use of the PLATFORM and, where appropriate, in the use of the online purchasing tool included therein, by way of example and not limitation, to:
5. SPECIAL CONDITIONS APPLICABLE TO THE PURCHASE OF PRODUCTS IN CATERING ESTABLISHMENTS THROUGH THE PLATFORM
5.1 Establishments
The establishments in the Park where Users may purchase products through the PLATFORM shall be those expressly listed on the PLATFORM at any given time. The Users will only be able to place Orders in those establishments of the Park that appear in the PLATFORM at the moment of their use.
The Park reserves the right to close any establishment or catering facility for reasons of capacity, security, technical reasons, maintenance, food and/or public health. In such a case, the User who has already placed an Order in that establishment will either be offered similar or superior products to those purchased, to be picked up at another catering point of the Park that is in operation, or the amount paid by the User will be refunded.
5.2 Placing Orders
The PLATFORM is a service offered by PARQUES REUNIDOS by means of which Users may place orders for products in certain catering establishments located in the Park (the "Order").
The Order may be placed on the same day on which it is to be physically picked up at the corresponding establishment, once the Park is open and the establishment is operational in the PLATFORM.
The sale and purchase of the products will be subject at all times to the availability of the same in the establishments. In the event that any of the selected products are not available because they are out of stock, the User will be informed and will be offered similar or superior products to those purchased or the amount paid for the unavailable products will be refunded.
In order to place an order on the PLATFORM, the User must follow all the indications and instructions given at each stage of the purchase process on the screens used for this purpose, filling in the information required by the forms set out on the PLATFORM. To access the user must enter your email, which will be sent order confirmation and reservation number.
The User can access the PLATFORM by registering as a "user", or place an order as a "guest", without the need to create an account. In the case of accessing as a registered user, the user name and password provided in the registration process, are identifying elements that will enable access to services on the PLATFORM, and which are personal and non-transferable. The User may unsubscribe as a registered user at any time. Please review our Privacy Policy, which can be accessed through the following link.
During the purchase process the User must select the products he/she wants to consume, the point of restoration and the time at which he/she will pick them up (hereinafter the "Pick Up Time").
The Pick-up Time is subject to availability of the establishment, this means that if at the time of booking the selected time is not available, the User will be informed on the PLATFORM and will be informed of the time slots with availability in the selected establishment.
Once the User has selected in the PLATFORM all the desired purchase products, he/she must select the "Payment" option, and the products included in the purchase will appear on the corresponding screen with the final price (VAT included). In case the User has any discount and/or promotion for the Order, he/she must enter the discount code in the space provided for it in the PLATFORM. The User is responsible for reviewing and confirming the products and offers, promotions and/or discounts selected, if any, before proceeding with the payment.
Once the User has reviewed the Order, he/she must proceed with the payment.
Once the purchase process is completed, the User will receive an email at that time, with the order number and receipt of the purchase (hereinafter the "Ticket") that will serve to withdraw the order placed at the point of restoration that has been selected, either taking it printed or displaying it on screen from a mobile device.
5.3 Collection of Orders
The User must physically pick up the Order at the establishment of the Park where it was placed through the PLATFORM.
The Ticket will be exchanged at the selected restaurant and at the Pick-Up Time shown on the reservation.
If the User does not come at the Pick-up Time reflected in the reservation, the waiting time to collect the Order will depend on the orders that the staff of the catering point is attending at that time. If due to the delay in the collection of the Order, by the User, any of the products purchased is no longer available because the stock has been exhausted, the User will be offered products similar to those purchased or the User will be refunded the amount paid for the products not available, the above, unless the User comes with a delay exceeding thirty (30) minutes or has not proceeded to the collection before the closing of the establishment. In the aforementioned cases, the User shall not be entitled to a refund.
Each Ticket entitles the User to only one redemption for the products purchased, redeemable only at the selected point of restoration on the PLATFORM.
5.4 Promotions and discounts
In case of promotions or discounts, the User must present the coupon or document evidencing the promotion and/or discount, which is applicable, when collecting the Order, as well as, where appropriate, the documentation proving entitlement to the application of the promotion or discount by meeting the conditions required for it. In the event that at the time of picking up the Order the User does not prove or provide the documentation of the promotion and/or discount, the User shall pay the difference in price that had not been paid at the time of placing the Order.
5.5 Services not included
Orders placed through the PLATFORM are an additional service to the entrance to the Park and, therefore:
5.6 Right of withdrawal
It is not possible to revoke the contracting of the service offered through the PLATFORM, as it is within the exceptions established in Article 103 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 virtue of which it is established that there is no right of withdrawal in contracts for the purchase of food, supply of goods made to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be returned or may deteriorate or expire rapidly.
5.7 Purchase of alcoholic beverages
Users may only place an Order involving the purchase and/or delivery of alcoholic beverages through the PLATFORM if they are of legal age.
When placing an Order that includes alcoholic beverages, the User must confirm that he/she is at least 18 years of age.
PARQUES REUNIDOS reserves the right to refuse to deliver the Order of alcohol to the person who cannot prove to be at least 18 years old at the time of picking up the Order, which must be accredited by showing the National Identity Card when picking up the Order physically at the establishment.
The User who, being of legal age, purchases alcoholic beverages through the PLATFORM shall be responsible for not providing such alcoholic beverages to minors under 18 years of age. He/she will be personally liable for any breach in this regard, being considered a serious breach of both these Particular Conditions of Contracting and Use of the PLATFORM and the Rules of Operation of the Park.
5.8 Allergens
The User has at his disposal at the point of restoration all the necessary information concerning substances that may cause allergies or intolerances (hereinafter collectively "Allergens") so that he can make a choice appropriate to his needs.
Before placing your Order, you can access the necessary information concerning Allergens by contacting the Park's catering outlets. If you have any questions, please contact Customer Service, where they will be able to provide you with the contact information you need before placing your Order.
Both GRUPO PARQUES REUNIDOS and the Park decline any responsibility in case the User consumes a product to which he/she is allergic and/or intolerant, as well as for the consumption of products by the User against the labeling or the information indicated in the PLATFORM.
6. NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause of these Particular Conditions of Contract and Use of the PLATFORM is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision, or part thereof, which is null and void or ineffective, The rest of the conditions shall remain in force in all other respects and such provision, or the part of the same that is affected, shall be deemed not to have been made, unless, because it is essential to these Particular Conditions of Contracting and Use of the PLATFORM, it should affect them in their entirety.
7. APPLICABLE LAW AND JURISDICTION
The Particular Conditions of Contract and Use of the PLATFORM shall be interpreted and governed in accordance with Spanish law. For any litigious matter that may arise, the parties submit to the jurisdiction of the courts and tribunals determined according to the applicable rules of procedural distribution and consumer and user protection.
These general contracting conditions shall expressly regulate the relations arising between GRUPO PARQUES REUNIDOS and the Users who contract the provision of the services and products offered through the PLATFORM (hereinafter, the "General Contracting Conditions").
These General Contracting Conditions have been prepared in accordance with the provisions of Law 34/2002, of July 11, 2002, on information society services and electronic commerce, Law 7/1998, of April 13, 1998, on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, 2007, approving the Revised Text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 6/2020, of November 11, regulating certain aspects of electronic trust services, Royal Decree-Law 1/2021, of January 19, on the protection of Consumers and Users in situations of social and economic vulnerability, Law 4/2022, of February 25, on the protection of consumers and users in situations of social and economic vulnerability, and any other applicable legal provisions.
These General Contracting Conditions are accessible at all times in the online purchase section of the PLATFORM and can be printed by the User.
1. INFORMATION PRIOR TO CONTRACTING
The purpose of these General Contracting Conditions is to regulate the general conditions for the purchase of products in the Park's catering establishments that are available on the PLATFORM. The sales service of GRUPO PARQUES REUNIDOS is of an onerous nature, and the price of each product (including taxes) in euros, as well as the applicable promotions and discounts, will be those determined at each moment in the PLATFORM. At the time of purchase, the total price will be indicated on the PLATFORM with a breakdown, if applicable, of the applicable increases or discounts or promotions, if applicable, the costs that, when applicable, are charged to the User and other additional costs for ancillary services or use of different means of payment, if applicable.
Access to the information contained in the PLATFORM is not subject to any payment.
The User understands that the information contained in the PLATFORM, the general information on the product catalog of the catering establishments of the PLATFORM, as well as the other products or services offered in the PLATFORM and the General Terms and Conditions of Contract and completion of the contract, are sufficient and sufficient for the exclusion of error in the formation of consent.
1.1 Procedures
In order to proceed with the use of the different purchase services offered on the PLATFORM, the User must follow all the indications and instructions given at each moment of the purchase process on the screens used for this purpose, filling in the information required by the forms set on the PLATFORM, which will imply the prior reading, understanding and acceptance of all the General Contracting Conditions and particular conditions set therein, so that the User declares to know and accept these formalities as necessary to access the products and services offered on the PLATFORM.
The rights and obligations of the User, both during the acquisition of the products and services and once acquired, are also subject to what is set forth in these General Contracting Conditions, and in the corresponding Particular Conditions of Contracting and Use of the PLATFORM, as well as to the Park's Rules of Operation.
The User shall formalize his/her purchase by completing all the phases established in the PLATFORM and sending it telematically. These General Conditions of Contract with, if applicable, their corresponding Particular Conditions of Contract and Use of the PLATFORM, will become part of the contract with the User at the moment of express acceptance by the User, manifested through the completion and sending of the purchase data entered in the PLATFORM.
Access to the PLATFORM and the use of any of the services of the PLATFORM implies the acceptance by the User, without reservations of any kind, of each and every one of the Particular Conditions of Contract and Use of the PLATFORM, as well as the General Conditions of Contract made available to the User prior to the formalization of his purchase, and that these govern the acquisition of the products and services offered through the PLATFORM at all times.
The User declares to have the necessary legal capacity to be bound by these General Contracting Conditions, as well as to use and, if applicable, contract through the PLATFORM, in accordance with the Particular Conditions of Contracting and Use of the PLATFORM that may be applicable in each case. With respect to all of them, the User declares to know, understand and accept them in their entirety. The use of the products purchased by the User, whether for his/her own consumption or for third parties, shall be carried out under the User's responsibility.
The purchase and use of any product or service through the PLATFORM implies acceptance of the General Terms and Conditions, the Specific Terms and Conditions for Contracting and Using the PLATFORM and the Park's Operating Rules.
1.2 Documentation and language
These General Terms and Conditions are accessible at all times on the PLATFORM.
Once the purchase process has been completed, the User will receive an email at that moment, with the Ticket, which will be used to collect the Order placed at the selected catering point, either by taking it printed or by displaying it on screen from a mobile device.
Unless expressly stated otherwise in the Particular Conditions of Contracting and Use of the PLATFORM, the products purchased for a specific date and time, if any, will be valid only for that date.
With the issuance of the Ticket, all the requirements for the provision of the substitute document for the invoice are understood to be fulfilled, in accordance with Royal Decree 1619/2012, of November 30, which approves the Regulations governing all invoicing obligations.
Once the purchase process made available through the PLATFORM has been completed and the corresponding Ticket has been obtained, no changes or refunds shall be admitted except in the cases expressly set forth in the Particular Conditions of Contracting and Use of the PLATFORM and/or provided for in the applicable regulations, and the User may contact the reservations department
(aquopolis.costadaurada@grpr.com).
These General Contracting Conditions are written in Spanish and the purchase process will be carried out in the aforementioned language.
1.3 Technical means
The PLATFORM will make available to the User all the technical means necessary to identify and correct errors in the introduction of his/her data in the different forms that will appear on the screen during the purchase process.
1.4 Modification of the General Terms and Conditions of Contract
These are the General Contracting Conditions in force since the date of their last update (indicated at the end of this document). GRUPO PARQUES REUNIDOS reserves the right to modify at any time, in accordance with the requirements of good faith, balance and transparency, these General Contracting Conditions or, if applicable, the Particular Conditions of Contracting and Use of the PLATFORM, as well as any other general or particular conditions, regulations of use or notices that may be applicable, in which case they shall come into force from their publication and shall be applicable exclusively to users who access the PLATFORM after the aforementioned date.
For clarification purposes, in the event that the present General Contracting Conditions are modified, in strict observance of the regulations applicable to the protection of consumers and users, GRUPO PARQUES REUNIDOS will respect the commitments and agreements acquired with users before the referred modification that are applicable.
In any case, before contracting products or services, you may always consult the General Contracting Conditions and, when applicable, the Particular Conditions of Contracting and Use of the PLATFORM that may be applicable. Likewise, it reserves the right to modify at any time the presentation, configuration and location of the PLATFORM, as well as the contents and conditions required to use the same.
1.5 Price and means of payment
The Price of the products selected by the User is reflected prior to purchase and includes applicable taxes.
The price is shown at the time prior to purchase and once the User has added all the products and services he/she wishes to purchase.
The means of payment accepted by the PLATFORM is debit or credit cards (in particular, Visa, Mastercard and Maestro). Secure payment systems are used to protect the security of payments by credit or debit card, using the SSL (Secure Socket Layer) protocol with high security encryption of at least 128 bits.
PARQUES REUNIDOS guarantees that it has the appropriate measures in place and that they comply with the security standards that current technology allows, as indicated in the section relating to the Particular Conditions for Contracting and Use of the PLATFORM.
1.6 Incorporation of the Particular Conditions of Contracting and Use of the PLATFORM and the Park's Rules of Operation
The purchase and use of any product through the PLATFORM implies the acceptance of the General Contracting Conditions, the Particular Conditions of Contracting and Use of the PLATFORM and the operating rules of the Park that you can consult in the Operating Rules.
Please read them carefully before proceeding with the purchase.
1.7 Minimum age
The services of the PLATFORM are available to users who can legally contract, in any case, provided that they are at least 14 years old, except for those cases in which the Order involves the purchase and sale of alcohol, in which case you must be at least 18 years old. You warrant that you are at least 14 years old, and that in the event that alcohol is purchased you are at least 18 years old, as well as that all the information you have provided and/or registered in the PLATFORM is true and accurate. In this sense, PARQUES REUNIDOS reserves the right, at its discretion, to deny access or use of the PLATFORM, as well as not to deliver Orders, to any person who does not comply with these requirements. For the withdrawal of Orders that include alcoholic beverages, it will be essential that the User presents to the staff of the Establishment his/her ID card or passport to prove that he/she is over 18 years of age.
2. PROCEDURE FOR DEALING WITH CLAIMS
In order for the User to be able to make an effective claim in case of error or defect in the provision of services through the PLATFORM; as well as to make effective the guarantees of quality or level of provision of services offered and to obtain, where appropriate, an equitable refund in the event that there has been a breach or defective performance by PARQUES REUNIDOS, the claim may be addressed to Customer Service, either by ordinary mail to Leisure Parks, S.A., at Federico Mompou, 5, Parque Empresarial "Las Tablas", Edificio 1 - Planta 3ª, 28050, Madrid or by e-mail to aquopolis.costadaurada@grpr.com.
In accordance with the provisions of Law 7/2017 of November 2, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters, as well as Article 14 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, we inform you that the European Commission provides an online platform for dispute resolution. You can access this European Union online dispute resolution platform through the website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
3. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause of these General Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision, or part thereof, which is null or ineffective, and the rest of the conditions shall remain in force and such provision, or the part thereof which is affected, shall be considered as not included, unless, as it is essential to these General Terms and Conditions, it should affect them in their entirety.
4. COMMUNICATIONS
For any communication that may be necessary with PARQUES REUNIDOS, with respect to the present General Contracting Conditions, the Users should contact the Customer Service Department, by the following means:
5. PRIVACY POLICY
The treatment of the personal data of the Users of the PLATFORM is governed by the provisions of the Privacy Policy, which can be accessed through the following link.
6. APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions shall be interpreted and governed in accordance with Spanish law. For any litigious matter that may arise, the parties submit to the jurisdiction of the courts and tribunals to be determined according to the applicable rules of procedural distribution and consumer and user protection.