Terms and conditions
GENERAL CONDITIONS FOR TICKET SALES AND VISIT SERVICES AT CRISTÓBAL BALENCIAGA MUSEOA1. GENERAL INFORMATION AND IDENTIFICATION
1.1. Purpose of the general conditions
These General Conditions for Sales (hereinafter, the "GENERAL CONDITIONS") establish the terms and conditions that regulate the purchase of tickets (hereinafter, the "TICKET/S"), which enable attendance and/or participation in visits and other cultural and/or leisure activities (hereinafter, the “ACTIVITIES”), organised by CRISTÓBAL BALENCIAGA MUSEUM (hereinafter, “CBM”) and that are made available to internet users (hereinafter, “USERS”) through the website www.cristobalbalenciagamuseoa.com/ (hereinafter, the “WEBSITE”).
1.2. Identification data of CBM
Company name: FUNDACIÓN CRISTÓBAL BALENCIAGA FUNDAZIOA
Trade name: CRISTOBAL BALENCIAGA MUSEOA
Adress: Parque Aldamar, nº 6, 20808 - Getaria (Gipuzkoa) .
Tax identification code: G-20679049.
Registry data: Registro de Fundaciones del País Vasco, Nº F-91.
Tel. + 34 943 00 88 40
1.3. Validity and modification of the GENERAL CONDITIONS
The purchase of TICKETS via the WEBSITE requires the USER to read and expressly and unreservedly accept the GENERAL CONDITIONS by means of the technical system established for this purpose during the purchasing process, in such a way that the latter may not be completed without the acceptance of the former. The GENERAL CONDITIONS shall be supplemented by any other Particular Conditions that may be established, on a case-by-case basis, for each specific ACTIVITY, and that shall also be available to USERS on the WEBSITE (hereinafter, the “PARTICULAR CONDITIONS”). CBM reserves itself the right to modify the GENERAL CONDITIONS, as well as the PARTICULAR CONDITIONS which, may be applicable, considering to be in force those that at the moment of the formalisation of the purchase are accessible for the USER on the WEBSITE. In any event, the above-mentioned modifications will not apply retrospectively to TICKETS already purchased.
1.4. Capacity of user
The offer of TICKETS is aimed at physical persons who act as private individuals and in their own name and right, excluding from this scope any legal persons, as well as physical persons who seek to purchase them for their subsequent commercialisation as part of their professional activity. Likewise, carrying out purchases via the WEBSITE is restricted to physical persons of legal age and with full capacity to act according to Spanish legislation, and to emancipated minors according to the requirements established in the Civil Code. By accepting the GENERAL CONDITIONS, the USER declares and guarantees that they have the legal capacity necessary to act and enter into contracts according to the conditions listed above.
The purchase of TICKETS via the WEBSITE means the formalisation of a contract between the USER and CBM, that shall be governed by the GENERAL CONDITIONS, as well as the corresponding PARTICULAR CONDITIONS, when they exist, and which may be formalised in Basque, Spanish and English, languages in which the USER will have the GENERAL CONDITIONS at their disposal.
1.6. Geographic scope of the offering of tickets:
The TICKETS shall be available for purchase without any territorial limitation. 2. PURCHASE OF TICKETS VIA THE WEBSITE
2.1. Contract/Purchase Procedure
The USER must only select on the WEBSITE the ACTIVITY/ACTIVITIES for which they wish to purchase TICKETS, choose a day and time, and the number and type of TICKETS they wish to purchase. When selecting each ACTIVITY, detailed information about it shall be displayed, with the express indication of the unit price applicable to each TICKET according to the price list, the final total price of the units requested (VAT included), and the discounts which, if applicable, have been applied on their original price. Once they have chosen the TICKETS they wish to purchase, the USER must accept the PARTICULAR CONDITIONS that may be applicable, provide the information required to formalise the purchase, and formalise the corresponding payment through one of the means indicated in clause 2.2 of the GENERAL CONDITIONS. In order to complete the contract and purchase initiated, the USER must accept the GENERAL CONDITIONS by means of the technical system established for such a purpose on the WEBSITE itself. Once the GENERAL CONDITIONS have been accepted and the payment has been validated through the system selected by the USER, the transaction shall be understood to be concluded. After concluding the purchase and within a maximum period of 24 hours, the USER will receive the TICKETS (PDF format) at the email address provided during the purchase process. The USER must print, fire their own resources, the TICKETS for their valid use in compliance with the following Clause 3. Failure to receive the above-mentioned email within the established period may be due to a temporary network communication problem or an error in the email address provided by the USER. If this is the case, it is advisable to contact the Customer Support Service of CBM (email@example.com] firstname.lastname@example.org] ).
If after the USER receives the purchase confirmation they detect any errors in their details, they may contact the Customer Support Service of CBM ( email@example.com] ).
2.2. Payment methods
The USER may pay the purchase amount by credit or debit card (VISA and MASTERCARD). Any charges arising from the selected payment method will be borne exclusively by the USER. All credit or debit card payments will be made via the secure payment gateway pertaining to a financial institution, which encrypts the card data. To ensure maximum payment security, CBM will use the secure payment system of its payment method providers. In this sense, the confidential payment details are directly transmitted in encrypted form (SSL) to the corresponding financial entity. When payment is made through the payment gateway, the system will connect with the financial entity that issued the card, which will in turn request authorisation of the transaction by means of a personal authentication code. The transaction will only be effected if the bank that issued the card confirms the identification code. Otherwise, the transaction will be rejected. In accordance with the applicable legislation regarding Consumers and Users, in the event of fraudulent use of a card to purchase an item, the USER and card holder may request the immediate cancellation of the charge. In this case, the corresponding credits and debits in the accounts of CBM and of the USER and card holder will be carried out as soon as possible. However, where a purchase has been made by the USER and card holder and a refund request is not a result of exercising their right to desist, when it legally corresponds to them, the USER will be liable for compensation to CBM for any losses and damages caused as a result of the cancellation of the charge.
An invoice will be sent by email with the data collected through the purchase process. In order to obtain any clarification about it, the USER must send the corresponding written request to the following email address: firstname.lastname@example.org.
3. CONDITIONS OF ACCES AND/OR PARTICIPATION IN ACTIVITIES In order to access the ACTIVITY, the USER must print out, via their own resources, and present the TICKETS and, if applicable, present documentation justifying the application of a reduced or discounted price. Access to and remaining in the Cristóbal Balenciaga Museum may be subject to specific objective conditions which, in any event, shall be visible at the establishment and at its website:https://www.cristobalbalenciagamuseoa.com/default/documentos/208_en-museum_rules.pdf
In any case and in general, it is not permitted (i) to use photographic cameras, video recording equipment, and similar electronic devices inside these installations; (ii) to smoke inside the Cristóbal Balenciaga Museum; or (iii) to touch the objects on display in said establishment. Likewise, access to the interior of the venue with animals is prohibited. Failure to comply with any of these regulations will authorise the staff of CBM to adopt appropriate measures, including ejecting the non-compliant person from its installations.. 4. GUARANEE AND LIMITATION OF LIABILITY
When the USER purchases TICKETS via the WEBSITE, CBM shall be the guarantor of the celebration of the ACTIVITIES to which they correspond, as well as their adaptation to the legal requirements which are applicable in each case. Any claims MADE by the USER must be addressed to CBM. 5. RIGTH TO DESIST, EXCHANGES AND REFUNDS
5.1. Right to desist
In accordance with the legislation applicable to Consumers and Users and given the nature of the ACTIVITIES, the right to desist shall not be applicable to the purchase of TICKETS via the WEBSITE..
5.2. Exchanges and refunds
Once the purchase of TICKETS has been formalised, changes and refunds, either total or partial, shall not be admitted upon request of the USER.
According to the applicable legislation, the USER shall only be entitled to a refund of the price paid for the TICKETS under the following circumstances: i) When, before its commencement, there is a cancellation, suspension or change of date of the ACTIVITY. ii) When they have been unable to access and/or participate in the ACTIVITY due to causes attributable to CBM.iii)When there is a substantial modification of the ACTIVITY which the USER is not in agreement with, if it undermines the nature, identity or main features of the ACTIVITY. According to the above-mentioned legal provisions, if the ACTIVITY is unexpectedly suspended once it has commenced, the USER shall only be entitled to a refund of the amount of the TICKET when the suspension is not due to force majeure and one third of the time of the expected duration for the ACTIVITY has not elapsed. For these purposes, “force majeure” shall be understood to be any extraordinary, unforeseeable or inevitable circumstance or event beyond the control of CBM, such as strikes of any type, fires, floods, power failure, faults or accidents at its installations, situations derived from the current health alert related to COVID-19. This is in addition to other analogous situations that may occur in the future and any others that arise after the purchase of the TICKETS and which make it temporarily or, if applicable, definitively impossible or excessively onerous to carry out the ACTIVITY. The refund of the price of the TICKETS, when applicable, shall be made effective within a maximum period of 10 days counting from the announcement of the cancellation, suspension or modification of the ACTIVITY, and shall be formalised via the same payment method that the USER selected to pay the amount for the TICKETS.
6. SUGGESTIONS, COMPLAINTS AND CLAIMS
The USER is informed that the personal data provided during the formalisation of each purchase (name, surnames, telephone number, email address, and data related to payment of the TICKETS) shall be processed by CBM for the purpose of maintaining, developing, complying with, and controlling the contractual relationship with the USER, and on the legal basis of the execution of the contract entered into by both parties. The personal data which are subject to processing will be held for as long as the contractual relationship exists with the USER, and for any additional time necessary to comply with legal obligations on CBM. Apart from situations in which CBM is obligated to share your data for legal reasons (e.g. Tax Authorities, the Justice Administration, or other Public Authorities), the USER's data will not be communicated to third parties. There are no provisions in place for the international transfer of personal data. Likewise, in the event that the USER provides data pertaining to a third person during the contract process, they declare that they have the express consent of the third person to share their data.
The applicable data protection legislation grants the USER a series of rights relative to their personal data (the right to access their data, to request their rectification or erasure, to request restriction of processing and data portability, and to object to the processing). The USER may exercise these rights with regard to CBM and, when applicable, revoke their consent, via a written request to the email address RGPD@cristobalbalenciagamuseoa.com .
In addition, they may submit a complaint to the competent Supervisory Authority (in Spain, the Spanish Data Protection Agency), particularly when your rights have not been exercised to your satisfaction. You can contact the aforementioned Authority via their website: www.aepd.es . 8. APPLICABLE LAW
The activity carried out via the WEBSITE is subject to the European and Spanish legislation in force applicable to the field of electronic commerce and the protection of personal data. 9. JURISDICTION AND SETTLEMENT OF LITIGATION
Any controversy or conflict arising between the USERS and CBM shall be dealt with before the competent courts and tribunals in accordance with Spanish legislation regarding procedural matters.
Likewise, we inform you of the possibility offered to you by Law to resort to the online dispute resolution platform of the European Union, accessible via the following link: http://ec.europa.eu/consumers/odr/ .