These general terms and conditions of contracting (hereinafter, general terms of sale), together with such special conditions that may be stipulated, if applicable, regulate the relations between the company Transports Metropolitans de Barcelona, SL and third parties (hereinafter, customers) who purchase the various travel cards available through the e-commerce platform www.holabarcelona.com.
The details of the e-commerce platform manager are:
TRANSPORTS METROPOLITANS DE BARCELONA, SL (hereinafter, TMB)
Entered on the Catalan Tourism Register as a Travel Agent under the number GC-004178.
Entered on the Barcelona Companies Register, in volume 37.068, folio B-297.088, sheet 29.
Orders may be made in the languages accessible on this platform.
If the customer agrees to the content of the general terms of sale, he/she must mark the box corresponding to the following text: 'I have read and accept the general purchase conditions'. Otherwise, he/she will not be able to continue with the purchase process.
TMB is involved in marketing the services provided by third parties on this platform and, as a consequence, the contractual relationship that exists between the client and TMB is limited to marketing rather than to the provision of the services, regarding which the customer will need to contact the companies providing said services.
TMB's e-commerce platform is intended for end consumer use, in the sense defined in the above-stated Royal Legislative Decree 1/2007, of 16 November, and for the customer's own consumption or that of the people on whose behalf the customer is legally authorised to act. The customer will declare that he/she is of legal age (or an emancipated minor) and that he/she has sufficient legal capacity to enter into binding agreements with TMB by virtue of the present general terms of sale. However, the customer will expressly accept, without exception, that he/she accesses and uses the e-commerce platform under his/her sole liability.
The customer also guarantees the veracity and authenticity of the information provided through the corresponding registration forms and is also obliged to keep this information up to date at all times.
TMB reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the e-commerce platform, and also to temporarily or permanently block access to the platform.
TMB informs the user that the procedure for purchasing any of the services offered on this platform is that described in the present general terms of sale, and any other procedure indicated during the purchase process. All prices published on the e-commerce platform are in euros and include all applicable taxes and compulsory insurance for passengers. Travel cards for children under 4 are free of charge.
TMB reserves the right to unilaterally modify, at any time and without prior notice, the prices of the travel cards, and to temporarily or permanently suspend or cancel their sale. These modifications will not apply to bookings that have been confirmed by TMB. Consequently, it is very important that the customer reads, prints and saves a copy of these general conditions as well as any other conditions published on the platform at the time of making a purchase.
TMB guarantees the existence of all the travel cards offered on the platform.
Purchase of any of these travel cards does not guarantee a seat.
Following the established purchase process, the customer should select the travel cards required, indicating the number of each they wish to purchase.
Customers will then be required to identify themselves by filling in the relevant personal data to complete the purchase process and provide the requested credit or debit card details.
Once the purchase process has been completed, a nominative document is produced (hereinafter the "voucher"), on which the fares you purchase are recorded with a bar code or numerical code, so that clients can keep them in their mobile device or print them. This voucher will be valid for travelling on the corresponding transport services offered through this platform, with the exception of Hola Barcelona Travel Card, in which case the voucher must be exchanged for the appropriate travel card before using the transport services. Exchanges should be carried out via the metro network vending machines.
The voucher must be exchanged within 90 days of the date of purchase. Upon expiry of this term, the voucher will cease to be valid, with no entitlement for the buyer to any manner of indemnity. Without prejudice to the above, the Hola Barcelona Travel Card travel cards will, without exception, expire on 28 February of the year after purchase.
After completing the purchase, TMB will email the customer confirmation of the purchase made to the address provided within the shortest possible time frame and always within 24 hours of completing the purchase process.
After receiving said purchase confirmation, the corresponding voucher will be sent to the customer at the email address provided during the purchase process.
The contract is considered executed as soon as the client receives confirmation of the purchase made.
The customer will have a period of up to 15 calendar days, counting from the date of conclusion of the contract, to cancel the purchase without incurring any penalty.
In order to exercise the right of cancellation, the customer must submit the following information to TMB, via e-mail to email@example.com, or in person at any Punt TMB information and customer service centre (Punt TMB, http://www.tmb.cat/es/punts-tmb), within the aforementioned period of fifteen days:
TMB will only return the amount paid by the customer for the travel cards by means of a refund to the payer's credit or debit card, within 30 business days of receipt of the cancellation request. No partial returns will be accepted.
Those customers requiring an invoice for purchases made are informed that, pursuant to Royal Decree 1496/2003, of 28 November, approving the Regulation regulating invoicing obligations, the deadline for issuing invoices will be the 16th of the month following that in which the corresponding purchase is made. Invoices must be requested via email from firstname.lastname@example.org before the aforementioned issuing deadline.
The tax system indicated at the time of purchase may NOT be modified subsequently.
Payment may be made by VISA and MASTERCARD credit or debit cards.
In order for payments to be processed, the customer must follow each and every one of the instructions appearing on the screen, providing the following information about the card: a) Type; b) Number; c) Expiry date; and d) CVV number. For purchases of more than €150, an SMS will be sent to the mobile phone number provided by the customer providing a code which needs to be entered in the appropriate box in order to effect payment.
TMB guarantees total security with regard to customer transactions, having implemented the latest technological standards available on the launch date of the e-commerce platform in terms of security protocols and services.
For greater security, customers are informed that their bank details will not be recorded on any software application at TMB and will only be used by the bank to make payment.
Information regarding the purchase will be kept for seven years. The customer will be entitled to receive information on all of the details of his/her purchases if he/she so requests and the aforementioned seven year period has not elapsed.
Transports Metropolitans de Barcelona, SL, (hereinafter, TMB) uphold a policy of confidentiality concerning the personal data provided by their customers and undertake to protect said data. This protection includes all matters relating to the collection and use of the information provided over the Internet.
In this regard, TMB warrants, under the terms set forth in Organic Law 15/1999, of 13 December, on personal data protection (LOPD), that the personal data of its customers will be treated as confidential and that the server on which this data will be stored and processed possesses the necessary security measures to prevent unauthorised access by third parties.
To such effect, TMB warrants that it has implemented appropriate technical and organisational security measures in its facilities, systems and files, as provided for in Royal Decree 1720/2007, of 21 December, approving the Regulation developing Organic Law 15/1999, of 13 December, on personal date protection and other regulations developing it. However, TMB may convey the personal data and any other information contained in its files to the appropriate authorities, if so required, pursuant to the legal and regulatory provisions applicable in each case.
In compliance with the provisions of the LOPD, customers are informed that their personal data will be included in a file held by TMB, for the following purposes: (i) to render the e-commerce services to which they will have access through www.holabarcelona.com, (ii) to inform about similar products and services provided by TMB using any medium (electronic or otherwise), and (iii) to conduct surveys, statistical and market trend analyses of the products purchased and/or services effectively rendered.
Customers may exercise their rights of access, rectification, objection and cancellation by writing to TMB at the email address email@example.com, or by letter to TMB, Calle 60, no. 21-23, Polígon industrial de la Zona Franca, 08040 Barcelona), indicating the following subject: 'Exercici de drets LOPD' (Exercise of rights under the LOPD).
Loss, theft or robbery of the voucher or the travel card is the sole responsibility of the customer. TMB is released from any liability in this respect.
TMB is also released from liability if the card is rendered unusable due to misuse or insufficient care by the customer.
TMB offers an e-commerce platform through which it sells third-party services and, consequently, it will not be held liable for any defaults or damages that may result from the provision of said services, regarding which customers must contact the companies operating the transport service directly.
TMB will not be liable for any defaults or damages arising as a result of force majeure or unforeseen circumstances. Force majeure includes but is not limited to: (i) Any event that is impossible to foresee, or which, while being foreseen or foreseeable, is unavoidable, (ii) errors in accessing the various websites belonging to the TMB Group, (iii) lack of electricity supply or telephone connection, (iv) damage caused by third parties or attacks on the portal's server (viruses) that affect the quality of the service and which are not attributable either to the TMB Group or to the user, (v) errors in transmission, dissemination, storage or delivery of the portal's products and contents to third parties, (vi) problems or errors with regard to receiving, obtaining or accessing content on the part of said third parties, (vii) fire, (viii) floods or earthquakes, (ix) strikes or labour disputes or other social unrest that prevents supply of the products and, therefore, fulfilment of the obligations accepted by the TMB Group, (x) shortage or unavailability of fuel or electricity, (xi) accidents, (xii) armed conflicts, (xiii) trade or other embargoes, (xiv) blockade, (xv) riots, or (xvi) any government order. Administrative or management errors will not be considered force majeure.
These general terms of sale will be construed and governed in accordance with the laws of Spain.
For any legal disputes arising from the general terms of sale, the parties undertake to submit to the jurisdiction of the Courts of the City of Barcelona (Spain), provided that no other specific jurisdiction is established by law.
Acceptance of these general terms of sale by the customer is an indispensable, mandatory prerequisite. The customer declares, under his/her liability, that he/she has read these general terms of sale and accepts them.
In the event of conflict or interpretive contradictions between the different language versions of the general terms of sale, the Catalan version shall prevail.
The online dispute resolution platform can be accessed at http://ec.europa.eu/odr.
© 2016 TMB