These general terms and conditions are intended to regulate, as applicable, the use of this website with URL: HTTP://www.barcelonahikingguides.com (hereinafter the Legal Notice and Website, respectively) in compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce and other applicable legal regulations.
2. IDENTIFICATION AND CONTACT DATA
The owner of this Website is “TRESCANT, SCP”, (hereinafter TRESCANT) domiciled in Barcelona, Calle Caponata, n o 15-17, 1 o 3a; and provided with CIF number: J66233859.
BARCELONA HIKING GUIDES is the brand owned and used by Trescant S.C.P.
The domain name trescant.cat and barcelonahikingguides.comis owned by TRESCANT. You can contact us through the following means:
Telephone: +34/696 455.080 and +34/628 741223
Email :, email@example.com or firstname.lastname@example.org Postal mail: Caponata Street, No. 15-17, 1st 3rd. 08034 (Barcelona)
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1. General information
The access and / or use of this Website by a person attributes the condition of USER, which is subject to the General Conditions. Therefore, we recommend that you read it carefully and in the event that the USER does not accept them, you should leave this Website.
USERS can download, store, reproduce and print a copy of these General Conditions.
Access to this Website is free.
3.2. User information
In order to visualize the information and contents of this Website, it is not necessary to complete any registration form.
However, in order to access certain services and / or contents of the Website, it is necessary that the USER registers, in order to obtain personal and non-transferable access codes, which are an identification code (login) and a password. In these cases, the USER must fill in the form that the website puts at his disposal.
TRESCANT will send the login and password to the USER in case of another one. The access codes (login and password) are assigned automatically and randomly, only the criterion that there are no identical previous access codes is followed.
For technical, security or organizational reasons, trekking may suspend and modify the passwords of the USER, which will be communicated immediately, maximum within seventy- two (72) hours after the suspension and / or modification.
The USER undertakes to make diligent use of their access codes and to keep them secret. The USER can not assign or communicate their access codes to a third party.
The USER also undertakes to immediately notify TRESCANT of the loss or theft of their access codes, as well as any other situation regarding them that prevents them from correctly identifying themselves or accessing the services for which they are registered.
3.3. Protection of Minors
This website does not offer inappropriate content for minors. Even so, it is designed and offers services aimed at people of legal age, so we recommend that minors do not use this website without the help or direct supervision of a legal representative or person of legal age.
3.4. Obligations of the USER
The USER assumes responsibility for the use of the Website by him. It is the obligation of the USER to make an adequate use of the contents and services that trekking offers through the Website.
Especially the USER commits, with an enunciative but not limited to:
• Acting well in relation to TRESCANT and other users
• Respect the current legislation in relation to the rights of intellectual and industrial property, right to image, privacy and privacy, right to honor and private property right of TRESCANT as well as other users and third parties.
• Not disseminate content or propaganda that implies any type of discrimination and / or offenses based on sex, sexual orientation, race, religious and / or political beliefs or that may be considered obscene, offensive in general and / or contrary to good custom.
• Do not establish links with other sites which contents may be offensive, obscene and / or discriminatory in the topics of the previous section or that are websites that are illegal or contrary to the purpose of TRESCANT.
• Not use this Website improperly, for different purposes and / or hindering its profits or for illegal activities and / or that violate these General Conditions.
• Not to cause damages in the computer systems of TRESCANT, its suppliers, other users or third parties.
• Not to introduce or spread malicious software, computer viruses or any other physical or logical systems that are susceptible to the network.
• Not introduce or disseminate in the network malicious software, computer viruses or any other physical or logical systems that are likely to cause the damage mentioned above in the previous point.
• Do not try to access or, where appropriate, use the accounts or the data of other users and modify or manipulate their data, images and messages.
TRESCANT reserves the right to remove from the Website the contributions, comments and / or contents that suppose a breach of the previous obligations.
4. TRESCANT INTELLECTUAL AND INDUSTRIAL PROPERTY
USERS may freely view the information and contents of the Website, with the exception of those for which it is necessary to be registered.
The total or partial contents of the Website, as well as this in terms of visual presentation, graphics, infographics, data, texts, databases, images and videos, with an enumerative but non-limiting character, integrated into the Website, are property elements of TRESCANT or of other third parties that have authorized it, and are protected by the legislation on Intellectual Property and Industrial Property and by the International Agreements in this matter, without prejudice to the rights of third parties and with the exception of the contents inserted by USERS , which are your property and are, where appropriate, protected by copyright, among others.
Uploading content on the website by USERS means that they grant TRESCANT the corresponding authorizations and licenses for hosting it on the Website and making it available for interactive use, subject to the terms and conditions contained on the Website.
However, the computer programs used in the use and development of the Website are the property of TRESCANT or its software suppliers and are protected by national laws and International Treaties and Agreements on the matter.
The acts described below are prohibited, with an enunciative but not limiting character, regarding this Website and its contents:
a) Any form of public communication, by any procedure, including making available to the public the works contained in the Website, so that any person can access them from the place and at the time they wish.
b) Any form of distribution of any material obtained from the Website, including, but not limited to, the sale, rental and / or loan.
c) Any form of direct or indirect, temporary or permanent reproduction, by any means and in any way whatsoever of the whole or part, including reproduction for private purposes and downloading to the USER’s equipment.
d) Any form of transformation, total or partial, of the contents of any nature of the Website. e) Any form of access and / or exploitation that includes the previous or different ones.
f) Any form, direct or indirect, of extraction and / or reuse of all or a substantial part of the content of any database; and / or the repeated or systematic extraction and / or reuse of non- substantial parts thereof.
The USER acknowledges that the brands, names, logos and other distinctive signs contained in the Website are the property of TRESCANT or, as the case may be, of other third parties, protected by national laws and international treaties on Industrial Property rights. The unauthorized or improper use of these elements constitutes an infringement of the Industrial Property rights of TRESCANT or of said third parties.
5. CONTENTS OF THE USERS
The USER guarantees TRESCANT that all content provided and hosted by him on the Website, including but not limited to images, videos, music, texts, symbols, logos, graphics, are his exclusive property and that he has all the rights and / or failing that the USER has the required authorizations of third parties holders of said contents and / or information. The USER assumes responsibility for the violation of this condition, of essential importance to TRESCANT, with total indemnity for it.
The USER grants TRESCANT a non-exclusive license for the reproduction and public communication of said contents of all kinds, in order to be hosted on the Website and made
available to the public through the Website as well as any of the channels those that TRESCANT provides to the social networks in which it currently participates (Facebook, Twitter, YouTube) and / or can participate in the future.
This authorization includes, however, the right to transform these contents in order to adapt them to the format and visual presentation of the Website and / or other channels on social networks.
This General Condition will also apply to the contents that USERS publish in the accounts that TRESCANT has on social networks (Facebook, Twitter, YouTube, and any other in the future) as long as the regulations of these social networks allow it.
6. DISCLAIMER OF TRESCANT’S RESPONSIBILITY
TRESCANT is exempt from any kind of liability that may arise from the actions of the USER contrary to these General Conditions and / or the legal system; and in particular of the use that the USER may make of the contents of TRESCANT or of other users that are in this Website, even when these are hosted on the websites of the social networks in which TRESCANT may be subscribed.
TRESCANT will use all the efforts and means, reasonable and necessary to facilitate its mission and provide the service we desire, notwithstanding the foregoing, we can not assume any guarantee in relation to the absence of errors, or possible inaccuracies and omissions in public content accessible on the Website or for lack of updating thereof.
TRESCANT is not liable for damages of any kind that may arise from the non-availability or continuity of the operation of the Website; neither is responsible for the failures, nor for the security errors nor for the direct or indirect damages that may be produced in the user’s computer system or to the files or documents stored in it, as a consequence of viruses or any other harmful software that may be hosted on the Website or that may be caused by third parties through illegitimate interference beyond the control of TRESCANT.
TRESCANT recommends to the USER the use of security tools (Antivirus, use of passwords, encryption of sensitive information, firewalls, screensavers, etc.) in their computers, to avoid, as far as possible, damages caused by harmful software and / or illicit activities of third parties.
7. PROCEDURE IN THE ASSUMPTION OF ILLICIT ACTIONS
In the event that any USER considers that there are facts or circumstances that show the illicit nature of the use of any content on the Website or Web sites accessible through the Website and, in particular, the violation of intellectual property rights or industrial, image rights, private property or other rights, you must send a notification to TRESCANT, to the e-mail address email@example.com, which will contain the following:
to. Personal data of the claimant: name, address, telephone number and email address.
b. Specification of the alleged illicit activity carried out on the Website and, in particular, in the case of an alleged violation of rights, precise and concrete indication of the protected content as well as its location on the websites.
c. In the case of violation of rights, handwritten signature, with the personal data of the owner of the rights allegedly infringed or of his representative.
d. Express statement, clear and under the responsibility of the claimant, that the information provided in the notification is accurate and illicit nature of the use of the contents or the performance of the activities described.
This Website includes links that allow the USER to access other websites outside TRESCANT. In case the USER uses these links, he / she must know that TRESCANT does not exercise any kind of control over said sites or their contents.
TRESCANT, under no circumstances, will assume responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and legality of any material and / or information contained in any of these links, hyperlinks or other Internet sites.
If any user is aware that the links refer to pages whose contents or services are illegal, harmful, degrading, violent or immoral, we would appreciate it if you contact TRESCANT, indicating it in order to remove this link from this Website.
All activity carried out in places that are not owned by TRESCANT – social networks, facebook, myspace, and others – is regulated by its own rules and conditions, so we recommend that, before its use, users inform themselves about it. the legal warning sections, or similar, of these websites.
In the event that a USER or a third party wants to establish a link to this Website, you must do so on the home page of this Website. Links of other types can be made as long as there is proof of the URL of TRESCANT and that does not imply access to content and / or services for which you must be registered.
In any case, links to this Website that are contrary to the law, morals or public order or that may otherwise infringe the reputation and good name of TRESCANT are prohibited.
This Website uses its own analysis cookies through Google Analytics. This Google service allows you to measure and analyze the navigation on the websites. This type of cookies does not obtain personal information from the USER, but rather information regarding the number of USERS that access the Website, the number of pages they watch, the frequency and repetition of visits, their duration, the browser used by the USER, the language, the terminal or the city in which the USER IP is assigned. It is therefore about collecting information that helps to provide a better and more technical service by TRESCANT.
On the other hand, this Website allows anonymous browsing by its pages, in these cases it is not necessary to register so no personal information is collected or requested.
To access certain content, it is necessary to be registered. In these cases the USER must fill out the form that the website puts at his disposal, in which some personal data are requested.
In accordance with the provisions of article 5 of the Organic Law 15/1999 of December 13, on the Protection of Personal Data, we inform the USER that the personal data will be processed automatically and incorporated into the file created by and for TRESCANT under your responsibility, necessary for the provision of certain specific services of the website (the CLIENTS FILE)
In accordance with the regulations of application, this file is registered in the General Registry of Data Protection.
In accordance with article 6 of the aforementioned Law on Protection of Personal Data, the User may exercise their rights of access, rectification, cancellation and opposition to the processing of their personal data for TRESCANT by means of a request sent by email to hola @ trescant .cat; or by letter signed and addressed to TRESCANT, SCP, Calle Caponata 15 – 17 1st 3 rd. 08034 Barcelona.
The application must contain the following information: name and surname of the USER, address for the purposes of notifications, photocopy of the tax identification code or ID or passport, and the request in which the request is specified.
TRESCANT undertakes to comply with its obligations of secrecy and correct treatment of the USER’s data to avoid alteration, loss, treatment or unauthorized access.
In no case is the transfer of these personal data to other companies foreseen. The personal data of the USER will only be communicated when it is required in TRESCANT by the competent administrative Authorities or by judicial mandate.
10. MODIFICATION OF THE GENERAL CONDITIONS
TRESCANT reserves the right to make modifications to these General Conditions without prior notice. These modifications will be effective after seventy-two (72) hours of being posted on the website.
11. DEPOSIT REGISTRATION OF GENERAL CONDITIONS OF CONTRACT
These General Conditions have been deposited in the Register of General Conditions of the Contract dependent on the Register of Personal Property of the Mercantile Registry of Barcelona.
12. LEGISLATION AND JURISDICTION
These General Conditions and any other text of a contractual nature of this website will be regulated by the provisions of the legislation of Spain and the applicable Catalan legislation.
The terms and conditions of this Legal Notice and any other text of a contractual nature of this website will be regulated by the provisions of the legislation of Spain and the applicable Catalan legislation.
Conflicts, disputes and claims between TRESCANT and the USER arising from the interpretation and / or compliance with the terms and conditions of the Legal Notice will be resolved through the Consumer Arbitration System if the USER submits the request to a Consumer Arbitration Board.
In the event that the USER lives abroad or is a company that does not have the consideration of consumer and / or user in accordance with current legislation, TRESCANT and the USER expressly submit to the Courts and Tribunals of Barcelona (Spain) .