Version April 1st, 2019
1. LEGAL NOTICE
2. OBJECT AND SCOPE OF APPLICATION OF THE GENERAL CONDITIONS
3. ACCESS TO THE WEB
4. CONDITIONS OF USE OF THE WEB
5. SUBSCRIPTION PROCESS
6. CHILDREN’S IMAGE RIGHTS
7. MEDICAL INFORMATION
8. PROJECTS AVAILABILITY
10. PAYMENT METHODS
11. RIGHT OF USER'S WITHDRAWAL
12. VALIDITY OF THE CONTRACT AND MODIFICATIONS
13. LEGAL WARRANTY
14. ATTENTION TO THE USER
15. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
16. REGIME OF RESPONSIBILITIES
19. PROTECTION OF PERSONAL DATA AND COOKIES
20. DURATION AND MODIFICATION OF THE GENERAL CONDITIONS
21. JURISDICTION AND APPLICABLE LAW
The website www.fantasilandiaproyectounico.com (hereinafter, the “website”) is an ownership of the company ASOCIACIÓN BES V.D., (hereinafter, “FANTASILANDIA” or the “Association”) Non profit association with head office in St. Romaní, 18 (Ses Païsses) Town: Portmany's Sant Antoni CP: 07820, to title of CIF number G-57.654.394 and inscribed in the record of associations of the Balearic Islands with the number 311000006993.
FANTASILANDIA puts the website at the disposal of the Internet user in order whom these could know FANTASILANDIA as well as the services that this one offers and contract them if this way they wish it, to put in touch with FANTASILANDIA, to know the steps to continue to register, the conditions of withdrawal of the same ones, the available forms of payment, the period, etc.
Through the Web, FANTASILANDIA offers to users the possibility to register in diverse projects, all in an easy and convenient way.
The access to the Web, as well as the download of the latter, is free except in the part related to the cost of the connection through the telecommunications network provided by the access provider that the User has contracted.
When accessing the website, the user declares that he or she is adult and that he or she has the necessary legal capacity to register the child in the projects offered on the website in agreement with these General Conditions, which you also declare to understand and accept in its entirety.
The User can freely browse the website and access it as many times as he or she likes without having to subscribe or register. However, in order to subscribe to the diverse projects, it is necessary that the user registers.
As User, you agree to use the website in accordance with these General Conditions, good faith and current legislation. Likewise, you declare and guarantee that you are major of age, have the parental authority or guardianship of the minor and understand these General Conditions.
It is strictly forbidden to contract projects through the Web by an underage. In this regard FANTASILANDIA reserves the right to verify the accuracy of the information provided by Users, especially their age. FANTASILANDIA will not assume any responsibility for persons who break the current General Conditions, the applicable regulations in force or are underage.
Likewise, any use that is fraudulent, abusive, illegal or opposite to good faith on the part of the User of the website as well as any of the features it offers is expressly prohibited.
In any case the user must abstain from:
1. To reproduce, to distribute, to report publicly, to transform or modify the website or social networks, any of its contents, including these General Conditions, regardless of the purpose of such use, without previous authorization from FANTASILANDIA.
2. To introduce on the Web or on your social networks, data programs that may cause damage to the computer systems of FANTASILANDIA, its suppliers or third parties.
4. To insert into other websites, platforms, forums, chats, blogs or social networks any type of link that allows to link or reproduce the website or its contents with such websites, platforms, forums, chats, blogs or networks social networks except if the link only links directly to the main page of the website without being able to reproduce it in any way.
5. To link or reproduce the website or its contents from websites, platforms, forums, chats, blogs or other social networks that are contrary to the law, offensive or threatening against human dignity, fundamental rights or FANTASILANDIA itself or are susceptible to be considered as criminal.
6. To introduce or spread content on the Web and social networks that violate human rights and the dignity of people, such as racist, xenophobic, pornographic content or that suppose terrorism apology.
Subscribe through the website in the diverse projects offered by FANTASILANDIA is very simple. FANTASILANDIA informs users that in order to register an underage in any of the diverse projects offered is necessary to cover the online form.
The registration process is very simple and fast. To subscribe to a project through the website, you only have to access the "Registration" tab of the website, click on "Online registration" and enter the information requested.
Fantasilandia offers you the possibility that if you have registered the previous year it can access to your contact data, by requesting a code through the introduction of your email. With this we seek to offer you the possibility of avoiding covering again the data required in the registration. If the entered email has been effectively recognized by FANTASILANDIA as the email of a registered user, FANTASILANDIA will provide you with a code by email.
Remember that your code must be secret and that it is also personal and non-transferable. You must not provide your code to third parties. In the event that a user forgets their code, FANTASILANDIA makes available on the website a code recovery system by clicking on the link Have you forgotten your code? (Sending button, with the email that the registration was made and an access code will be sent again) and entering the registration email.
At the moment of completing the information requested in the registration process, those fields whose completion is mandatory will be duly marked with an asterisk (*) so that the User can clearly identify them. Likewise that information whose completion has been detected as defective, incorrect or incomplete by the website and is necessary to complete the process will be requested again so that the user can review, correct and enter them correctly.
As a user, you are the only responsible for providing your data and those of the underage correctly in the registration processes. That is why FANTASILANDIA reminds you that you must pay special attention and care regarding the introduction of your personal data and those of the minor you represent, especially the bank information and not share your registration codes with third parties. Any damage or harm derived directly or indirectly to FANTASILANDIA or to third parties under your email or registration key will be your exclusive responsibility.
FANTASILANDIA reserves the right to review, retain, temporarily suspend and definitively cancel unilaterally, without previous notice and without any right to compensation, any subscription in which it detects signs of fraudulent, illicit or contrary to these General Conditions, the law or good faith on the part of the corresponding user.
The right to the own image is recognized in the article 18. On the Constitution and regulated by the Law 1/1982, of May 5th, about the right to honor, personal and familiar privacy and to the own image. And the Law 15/1999, of December 13th, on the Protection of Information of Personal Character.
FANTASILANDIA asks the consent of the parents or legal guardians in order to publish the images (photography’s and videos) in which they appear individually or in groups that take to the children, in the different sequences and activities carried out in our projects and excursions or outside it in competitions or meetings in which they participate. At the time of subscription FANTASILANDIA expressly requests authorization for the use of images of the underage.
FANTASILANDIA collects in this way the express consent of the parent or guardian who performs the registration, interpreting that both parents agree to such publication on the website and in the social networks of FANTASILANDIA, and authorizes us to use the photography’s to publish them in newspapers, magazines, posters or advertising brochures locally, regionally or nationally. It will be necessary that the adult who signs the consent on the treatment of the image of the child has previously obtained the authorization of the other spouse with parental authority, otherwise the parent who has signed the responsibility to face the possible incidents theme may arise.
This authorization has no time or territorial limit.
In the case of underage’s over 14 years, it is this and not their parents who must give their consent when posting photos of him on social networks, except in those cases in which the law requires for its provision assistance of the holders of parental authority or guardianship. Therefore FANTASILANDIA requires that in such cases the father or legal guardian of the child over 14 years old, obtains him his consent to be able to give his authorization for the use of his image at the time of subscription to the projects offered.
At the time of registration, a form will be provided to the Parents or Guardians to provide us with information about the underage’s physical condition. This document must be signed by the adult and be presented at the centre at the time of discharge. For its part, FANTASILANDIA will apply high level security measures on said document, safeguarding the privacy of the underage.
Whenever there is an accident, injury or significant change in the child's health status, the family will be notified. In case of not being able to locate the relatives through the telephone numbers provided in the registration form, I authorize the centre staff to adopt the urgent and necessary measures that are considered most appropriate for the health of the child according to medical indication.
Although in FANTASILANDIA we make every effort to make all projects available to users all time, we cannot guarantee that all our products are always available. For this reason it is possible that some project offered on the website has completed the maximum capacity of minors subscribed and we cannot offer it to our users.
In the event that any project has completed its capacity, FANTASILANDIA promises to inform you as soon as possible so that users are informed of the temporary impossibility to subscribe to the project in question.
If for some reason some project was not available once the online registration by a user, FANTASILANDIA would contact the user as soon as possible via email or telephone to inform him of such situation and that the user can choose between cancelling the subscription or keep the registration in a different product.
The price reflected for every product on the website corresponds to its current price at the time the user accesses it and includes taxes and shipping costs. The IVA will be applied according to the corresponding type according to the current legislation.
FANTASILANDIA reserves the right to change at any time, without prior notice and unilaterally, the prices of the products offered on the website, although said modification will not affect the subscriptions made previously by the user respect of which FANTASILANDIA has already sent to the user the corresponding "Notification of registration".
FANTASILANDIA will not be obliged to allow subscription at the incorrect lower price (even after the "Notification of registration") if the error in the price is obvious or unambiguous or constitutes an optional error and could reasonably have been recognized by the user.
FANTASILANDIA offers to the users the possibility of paying subscriptions by bank transfer. The user must simply enter the bank account information in the indicated account number, in which case, it will be necessary to make reference to the registration number and that the proof of payment is sent by email to firstname.lastname@example.org .
The User has two forms of payment:
FANTASILANDIA will charge the total amount of the registration in a single payment.
Given the prorated nature of the payment, this first payment will correspond to 60% of the price of the subscribed projects. The later remaining payment of the 40% will be charged to the credit or debit card whose information you have entered or selected in the subscription process during the first four (4) days of July.
The right of withdrawal is the power that the user has as a consumer to desist from the contract assumed with FANTASILANDIA by subscribing to any project without the need to claim any justification, nor bear any penalty except for the costs expressly provided in these General Conditions.
Among the rights that attend the consumer is the right of withdrawal which, according to Article 102 of the Consumer Law mentioned, establishes a period of fourteen calendar days for its exercise, with no clause that penalizes the consumer for the exercise of this law. Naturally, there are a series of exceptions in the exercise of the right of withdrawal for assumptions derived from the type of good or service or cases in which the contract has been executed, etc.
In case of exercising this right of withdrawal, the consumer or user must do so within the stated period of fourteen days, and must do so by notifying the employer of his decision to desist and, very important, the burden of proving that he has exercised that right of withdrawal corresponds to the consumer, so it must be recorded that the employer has knowledge of the exercise of the right of withdrawal.
For the supposition of supply of services, already initiated, the consumer must pay the proportional part to said service that has been consumed, according to the contracted conditions or, if excessive and disproportionate, according to the market value.
Out of the obligation of withdrawal there is no problem to establish different deadlines to the return or cancellation of registration. As long as this information is clearly identified in the contracting conditions (which are the contract with the client).
Out of the period of fourteen days there will be an amount of 50€ for management expenses in the event of cancellation of registration.
The user demonstrates to understand the current Conditions and therefore adheres to them, understanding the legal consequences that these entail.
In the event that any of the provisions contained in these General Conditions is declared void, it will proceed to the withdrawal or replacement of the same. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in the General Conditions.
We inform you that these Conditions may be subject to unilateral modification by FANTASILANDIA at any time and its current content will be published on the PORTAL so that they can be known and accepted again by the USERS.
FANTASILANDIA promises to provide the services in agreement with these General Conditions and to make maximum efforts so that they are provided without interruption and in the applicable security conditions according to current regulations in every moment.
In the event of any interruption of the services contracted as a consequence of any cause, including the major force, the user will use its best efforts to restore the Service as soon as possible.
FANTASILANDIA puts at the disposal of the users the contact form in the contact address as well as the contact telephone number (+34) 971 933 397 - 685 744 060 and the contact email email@example.com so that they can get in touch with FANTASILANDIA to solve any problem or doubt they have.
The website and its contents are subject to protection in application of current national regulations on Intellectual or Industrial Property. FANTASILANDIA is the owner or duly licensed all intellectual and industrial property rights on the Web and its contents.
It remains forbidden any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of exploitation, whether or not commercial purposes of the website, or its contents, without FANTASILANDIA’s previous express consent.
FANTASILANDIA reserves all the rights of Intellectual and Industrial Property over the website and its contents. In no case and under no circumstances the access to the website, the downloading of the latter or navigation or use of both constitute or imply an assignment of any kind by FANTASILANDIA of the Intellectual or Industrial Property rights of the Web, or its contents.
When reproducing, disseminating, publishing, sharing or sending the User any content on or through the Website, the User guarantees to FANTASILANDIA that he or she is the legitimate owner them or that he holds the rights to image, Intellectual or Industrial Property or any others necessary for their use, reproduction and public communication about them. Likewise, when reproducing, disseminating, publishing, sharing or sending any content, regardless of its nature or content, on or through the website you give free to FANTASILANDIA about said contents in a non-exclusive way, for everyone, until the works enter in the public domain and irrevocably all rights of exploitation of intellectual property in all its modalities including the faculty to sublicense to the above mentioned right to third parties.
The User must use the website, and its contents in accordance with the provisions of these General Conditions, current legislation and good faith. It is expressly forbidden any use of the website, or its contents contrary to these general conditions, the law or good faith, regardless of whether such use has economic purpose or not.
The use, participation or use by the user in fraudulent, abusive or contrary to these General Conditions, the law and the good faith of any promotion or contest organized by FANTASILANDIA are expressly forbidden. Likewise, it is expressly forbidden to register multiple times the same user on the website through different email accounts.
The user will be responsible for any loss or damage caused to FANTASILANDIA or to third parties derived directly or indirectly from any use made of the website, or its contents contrary to these General Conditions, the law, morality, public order or good faith.
FANTASILANDIA requires services provided by third parties so that the website and its contents are accessible. It is possible that despite the efforts made by FANTASILANDIA to keep the website available and accessible, the availability of the same may be suspended, interrupted or cancelled due to reasons beyond FANTASILANDIA's control. For this reason FANTASILANDIA does not guarantee the nonexistence of interruptions or mistakes in the access to the website, or its contents or that these are updated or displayed in their latest version. Consequently, FANTASILANDIA declines any responsibility for damages or losses that may arise from the User as a result of suspension, interruption, lack of continuity, network failure or disconnection of the website.
Under no circumstances will FANTASILANDIA respond for damages or losses derived from the user for causes not attributable to the former, such as, by way of example and in no case limiting, natural catastrophes, situations of major force or extreme urgency, virus, harmful components, browser malfunction, computer intrusions or third-party attacks.
The websites, platforms, forums, chats, blogs or external social networks that link to the website must clearly inform that they do not have the authorization, nor the supervision of the Association and that this link does not entail, suppose or implies association of any kind between FANTASILANDIA and the websites, platforms, forums, chats, blogs or other social networks that link or link to the website.
In any case, any link that has as destination the website should go directly to the home page of the website by clicking on the URL of the web covering the entire screen of the home page of the website.
FANTASILANDIA does not respond in any case and under any circumstance of the contents, information or data related to the website, its contents or any other matter that contain the websites, platforms, forums, chats, blogs or other social networks that link to the website.
It is expressly forbidden to link to the website from websites, platforms, forums, chats, blogs or social networks contrary to the law, morality and good customs, especially those with pornographic, illegal, illegal or human rights violations.
On the other hand, the website may contain links to websites, platforms, forums, chats, blogs or social networks of third parties. Despite our efforts, the Association does not have the human or technical resources to know or control the information or contents that appear on the websites of third parties. Therefore, FANTASILANDIA will not be responsible for the content of the linked sites and under no circumstances will these links be considered effective knowledge of the content of the sites to which they link. In case you notice that the websites, platforms, forums, chats, blogs or social networks outside those that may link the links contained in the website are contrary to the law you can communicate by email to FANTASILANDIA through the support centre with the next information:
Personal and contact information of the complaining user: name, address, telephone number, email.
Copy of document proving your identity (ID or passport)
Identification and complete description of the supposedly illicit content or allegedly illegal use of a specific content:
Accurate and concrete indication of the protected contents and their location.
What constitutes the alleged illegal content or the illegality of the use of the content.
If the claimant user is the owner or not of the illegally used content.
Declaration signed under the responsibility of the claimant user that:
The information contained in the claim is accurate and truthful.
Is the legitimate owner of the content violated or, if not, that is duly authorized to act on behalf of the legitimate owner of the content violated.
FANTASILANDIA informs the users that the website incorporates the appropriate safeguards and uses the industry's standard technology to improve the security, integrity, completeness, accuracy and protection of the personal information it has collected, and has established reasonable precautions to protect that information from possible losses or bad uses. Its procedure on data protection and security are reviewed periodically and improved when necessary, and struggles to ensure that only authorized people can access the information provided by users.
FANTASILANDIA informs users that these General Conditions may vary over time. This way, FANTASILANDIA reserves the right to modify these General Conditions when this is necessary as a result of changes in the website; modifications of FANTASILANDIA at the corporate level; economic, operational or business circumstances or changes in the business model of FANTASILANDIA or legislative or jurisprudential news. In case of modification of these General Conditions, FANTASILANDIA will notify the users on the website of this circumstance in order that the users are duly informed and can consult the revisions, modifications or updates to their entire satisfaction.
In any case, Spanish legislation will be applicable, specifically the Law 22/2007, of July 11th, on Distance Marketing of Financial Services, Law 16/2011, of June 24th, of Contracts of Credits to Consumption, the Law 34/2002, on Services of the Information Society and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16th, approving the revised text of the General Law for the Defence of Consumers and Users, the Organic Law 15/1999, of December 13th, Protection of Personal Data as well as how many legal provisions are applicable.
For the resolution of all disputes or issues related to this website or the activities developed in there, Spanish legislation shall apply in all cases, to which the parties expressly submit themselves;t mere fact of the use of the services this website presupposes the express acceptance of said acceptance of the Spanish jurisdiction.
Likewise, in the expressed in the following paragraph, the parts involved agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of these conditions or related to them, or other texts that may have on the website, it will be solved definitively by means of submission to the Courts and Granollers's Courts by resignation it expresses to any other jurisdiction or jurisdictional demarcation that should turn out to be competent.
The previous paragraph will not be applicable in the event that one of the parties is a consumer or user according to the definition of the regulations for the protection of Consumers and Users (Royal Legislative Decree 1/2007, of November 16th, whereby the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws are approved), in which case, (and for a related conflict and protected by the Law). In that case, the place designated in said legislation would be of preferential application.