ELLA Hansen Travel GmbH
General Conditions of the Website
1. PURPOSE AND AREA OF APPLICATION
1.1. These terms and conditions (hereinafter the « General Conditions ») regulate the access to and use of the website under the http://www.ellafestival.com domain (hereinafter the « Website »), owned by Kristin Hansen (hereinafter referred to either as the « Organizers » or « HANSEN & PARTNER »).
These General Conditions regulate the responsibilities arising from the use of its contents. Henceforth the “Contents” refers to all texts, graphics, pictures, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international agreements on industrial and intellectual property rights.
1.2. It is understood that access or mere use of the Website by the User implies adherence to the General Conditions, which HANSEN & PARTNER keeps posted and makes available at all times for those who access the Website. Therefore, the user recognizes by merely accessing the Website that they have carefully read these General Conditions. The term « User » means the person accessing, navigating, using or participating in the services and activities, whether free or paid, on the Website.
1.3. The purpose of these General Conditions is to regulate access, navigation and use of the Website; however, independently of these, HANSEN & PARTNER may establish Particular Conditions regulating the use and/or contracting of specific services offered to Users through the Website. Likewise, through the Website, HANSEN & PARTNER may authorize third parties to advertise or offer their services. In such cases, HANSEN & PARTNER will not be responsible for establishing the General and/or Particular Conditions governing the use, provision or contracting of such services by third parties and, therefore, cannot be held responsible for them.
1.4. Before using and/or contracting such specific services provided by HANSEN & PARTNER, the User must carefully read the relevant Particular Conditions created for that purpose by HANSEN & PARTNER. The use and/or contracting of said specific services implies acceptance of the Particular Conditions that regulate them, as published by HANSEN & PARTNER, at the moment when such use and/or contracting takes place.
2. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
2.1. HANSEN & PARTNER owns the rights of the industrial and intellectual property of the Website, and it is also the owner or has the corresponding license governing the industrial, intellectual and image rights of the contents available through the Website.
2.2. Under no circumstances does access to and navigation imply a renunciation, transmission, license or total or partial transfer of such rights by HANSEN & PARTNER.
2.3. Consequently, it is not permitted to remove, evade or manipulate the copyright notice (« copyright ») or any other identification data relating to the rights of HANSEN & PARTNER or of its incorporated content titleholders, including technical safety devices, fingerprints or any other information and/or identification mechanism.
2.4. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute in any way all or parts of the contents included on the Website for public or commercial purposes without the express written consent of HANSEN & PARTNER or, should it be the case, of the holder of the corresponding rights.
3.1. Access to the Website by Users is free of charge and open. However, some of the services and contents offered by HANSEN & PARTNER or third parties may be subject to the prior contracting of the service or product and payment of a sum of money as stipulated in the corresponding Particular Conditions, in which case it will be made available in a clear way.
3.2. Purchase of products and services on the Website is prohibited to minors without prior consent of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the children in their care, according to the regulations in force.
4. USE OF THE WEBSITE
4.1. The contents included on the Website are made available exclusively for consumers or its users. Any unauthorized commercial use or resale of said contents is prohibited, unless prior written consent has been granted by HANSEN & PARTNER.
4.2. In order to use and/or contract services on the Website, the User will be responsible for providing accurate and lawful information.
4.3. The access, navigation and use of the Website are the User’s responsibility. Therefore, the User agrees to diligently and faithfully follow any additional instructions provided by HANSEN & PARTNER or authorized HANSEN & PARTNER staff with regard to the use of the Website and its contents.
4.4. The User is obliged to use the contents diligently, correctly and lawfully and in particular, s/he agrees: (i) not to use the content for purposes contrary to law, accepted moral standards or public policy, (ii) not to reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless s/he has permission from the owner of the corresponding rights or unless it is legally permitted, (iii) not to use the contents and, in particular, information of any kind obtained through the Website or services for advertising purposes, communications for direct marketing purposes or any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, and not sell or disclose such information.
5. PERSONAL DATA PROTECTION AND PRIVACY
5. General Information
5.1.1 HANSEN & PARTNER informs Users who access the Website that, should they be required to provide personal data, it complies with the current legislation regarding the protection of personal data and in particular with the Organic Act 15/1999 of 13 December on the Protection of Personal Data, Royal Decree 1720/2007 of 21 December, approving the Regulations implementing the Organic Act and other related regulations.
5.1.2. Mere access by the User to the Website does not imply or oblige the User to provide personal data. That shall only be required when the User is interested in hiring a service on the Website.
5.1.3. In cases where personal data are processed, they will be treated with the utmost confidentiality and will become part of a file owned by HANSEN & PARTNER registered at the Spanish Data Protection Agency in accordance with the legislation in force.
5.1.4. HANSEN & PARTNER undertakes to use all technical and technological means at its disposal to access and maintain and securely store personal data of its users and prevent unauthorized access to them, non-conforming uses and losses thereof.
5.1.5. As owners of the data, the Users may exercise the right to access, rectification, opposition and cancellation in writing by contacting HANSEN & PARTNER, through an email to the address email@example.com conveniently identified (Ref. Data Protection).
5.1.6. The audience may appear in images taken by different media for further DIFFUSION and use for promotional purposes for Hansen & Partner products. THE AUDIENCE accepts and consents to have its image captured during the event and allows the company to use it for promotional purposes, without prejudice to exercise their rights of access, rectification and cancellation as stated by the Spanish Date Protection Agency.
CONTACT PERSON: KRISTIN HANSEN, HANSEN & PARTNER , X6179207G, firstname.lastname@example.org
5.2.2. Users may set their browser to warn them of the presence of cookies and set it to reject them automatically. This possibility does not prevent the User from navigating and using the website, although some of the benefits may remain limited.
5.3. E-mail or equivalent communications
5.3.1 In compliance with the Act 34/2002 of July 11, on Information, Society and Electronic Commerce Services, commercial communications by e-mail shall only be sent if they have been expressly authorized by the recipient.
5.3.2 Those communications made pursuant to a pre-existing contractual relationship under the terms established by the Act 34/2002 of July 11, on Information, Society and Electronic Commerce Services are excluded from the provisions of the preceding paragraph.
5.4. Data Protection Clause
According to the Article 5 of Act 15/1999 on Data Protection and Article 12 of Royal Decree 1720/2007, we inform you that the personal data provided during contracting and service delivery through the Website and/or entry in the distribution list for news and offers (Newsletter) will be included and processed in a file owned by Kristin Hansen (HANSEN & PARTNER).
The purpose of this processing is to give the best service to the customers and provide them with commercial information via Email, Mobile Channel, Telemarketing or Mailing, products and services HANSEN & PARTNER as well as products and services of third parties in the sectors of leisure, tourism, restoration and sale and development of real estate. If you do not agree with receiving commercial information above, please note below:
I do not agree to receive commercial information contained in the above terms.
Similarly, the User expressly agrees that the data provided may be passed on to third party companies in the fields of leisure, tourism, restoration and sale and development of real estate, within and outside Spain, to send business communications products and services.
I do not agree to receive commercial information contained in the above terms.
In addition, those attending ELLA FESTIVAL consent to and authorize expressly and unequivocally that their image and voice can be recorded and used during this event and later released by the organizers or authorized third parties in any media for promotional and/or commercial purposes of the ELLA FESTIVAL and its future editions.
I do not authorize the use of my image and voice on the terms set out above.
We inform you that you may exercise your rights under the legislation, in particular, those referring to access, rectification, cancellation and opposition by writing to Kristin Hansen (HANSEN & PARTNER) at the above mail address or via email to the address email@example.com conveniently identified (Ref. Data Protection).
5.5. Security Measures
5.5.1. HANSEN & PARTNER has taken and will take all appropriate technical and organizational required security measures, pursuant to the provisions of the legislation in force in order to ensure maximum security and confidentiality of communications.
5.5.2. HANSEN & PARTNER guarantees inspections to prevent any breach of security or other negative consequences, adopting organizational measures and the most appropriate technical procedures in order to minimize these risks. However, the User acknowledges and agrees that: (i) the security measures on the Internet are not impregnable, (ii) Internet networks are not secure and (iii) any communication sent through this medium may be intercepted or modified by unauthorized persons.
6. COMMUNICATIONS LICENSE
6.1 In the event that the User sends any information to the Website, s/he declares, guarantees and agrees that s/he is entitled to do so freely, that such information does not infringe any copyright, trademark, patent, trade secret, or any other rights of third parties, that such information is not confidential and that such information is not damaging to any third party.
6.2 The User accepts responsibility and will not hold HANSEN & PARTNER responsible for any communication supplied personally or in their name, fully accepting this responsibility without any restrictions at all of exactitude, legality, originality or ownership of the same.
6.3. By accessing and using the Website, the User transfers to HANSEN & PARTNER, exclusively and for the maximum time established by national and / or international laws, the right to exploit any intellectual property that the User may hold to the communications made through the Website or HANSEN & PARTNER.
7. RESPONSIBILITIES AND WARRANTIES
7. 1. HANSEN & PARTNER does not guarantee the legality, reliability, usability, veracity or accuracy of the service or information provided on the Website.
7.2 Consequently, HANSEN & PARTNER does not guarantee and disclaims any liability for: (i) the continuity of the contents of the Website, (ii) any errors in its content or correcting any faults that may occur, (iii) any viruses and/or other damaging components on the Website or the server, (iv) the invulnerability of the Web Site and/or the impregnability of the security measures taken, (v) the lack of utility or performance of the contents of the Website, (vi) any damages suffered by any person who breaches the conditions, rules and instructions HANSEN & PARTNER sets on the Website or by a third party, through the violation of the Website’s security systems. However, HANSEN & PARTNER declares that it has adopted all the necessary security measures, within its capabilities and the current state of technology, to ensure the proper functioning of the website and avoid the existence and transmission of viruses as well as any other components that might be damaging to Users.
8.1. Links to other Websites:
8.1.1. The Website provides links to other websites via different buttons, links, banners, etc., which are handled by third parties. HANSEN & PARTNER has no power nor human or technical resources to know, control or approve the information, content, products or services provided by other websites accessed through the links in the Website. Consequently, HANSEN & PARTNER does not assume any responsibility for any aspect of the website accessed through a link in the Website, in particular, by way of information without limitation, its operation, access, data set, information, files, quality and reliability of its products and services, their own links and/or any of its contents in general.
8.1.2. Including links to third party sites in the Website does not imply any relationship, partnership or agency between HANSEN & PARTNER and the third party.
8.2. Links on other pages to the Website:
8.2.1. If any User, entity or website wants to establish a link to the Website they must comply with the following provisions: (i) The link can only lead to the Main page or the Homepage of the Website, unless expressly authorized in writing by HANSEN & PARTNER, (ii) The link must be absolute and complete, that is, it must lead the User, with just one click, to the URL address of HANSEN & PARTNER http://www.ellafestival.com and the Main page of the Website must fully occupy the screen upon opening. In no case, unless authorized expressly and in writing by HANSEN & PARTNER, may the Website that provides the link reproduce, in any way, the Website, include it as part of their website or of their frames nor create a browser on any of the page of the Website, (iii) It is not allowed in any way to declare that HANSEN & PARTNER has authorized this link in the page that provides the link, unless HANSEN & PARTNER has done so expressly and in writing. If the entity providing the link from their page to the Website wants to include in its webpage, the brand name, trade name, label, logo, slogan or any other identifying element of HANSEN & PARTNER and/or the Website they must first obtain HANSEN & PARTNER’S express written consent; and (iv) HANSEN & PARTNER does not authorize links to the Website from those websites that contain illicit, illegal, degrading or obscene materials and information, or that contravene accepted moral standards, public policy or social norms.
8.2.2. HANSEN & PARTNER has neither power nor human or technical resources to study, control or approve the information, contents, products or services provided by other websites accessed through the links in the Website. Consequently, HANSEN & PARTNER does assume any responsibility for any aspect of the website accessed through a link in the Website, specifically with regard to expository and non-restrictive matters relating to its operations, access, data, information, archives and the quality or trustworthiness of its products, services, links and/or any other of its contents in general.
8.3. Services provided by third parties through the Website:
8.3.1. HANSEN & PARTNER does not guarantee the legality, reliability and usefulness of the services provided by third parties via this page or of those for which HANSEN & PARTNER only acts as mere advertising channel.
8.3.2. HANSEN & PARTNER disclaims any and all liability for damages of any kind caused by the services provided by third parties through the Website, specifically with regard to any harm or damaged caused by: (i) failure to comply with the law, moral standards or public policy, (ii) viruses or any other computer code, files or programs that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment, (iii) the infringement of the industrial and intellectual property rights, trade secrets, contractual commitments of any kind, (iv) unlawful acts, deceptive or unfair advertising and, in general, unfair competition, (v) the lack of veracity, accuracy, quality, relevance and/or updating of the contents transmitted, stored, received, obtained, made available or accessible; (vi) the infraction of any rights to personal or family privacy, including images of persons and, in general, any kind of third-party rights, (vii) the inadequacy for any purpose and fulfillment of expectations generated, or the vices and defects that may arise in relation to third parties, and (viii) the failure to comply with, or the delay in complying with, any services or obligations contracted through third parties, including contracts made with third parties.
9. DURATION AND MODIFICATION
9.1 HANSEN & PARTNER may modify the terms and conditions set forth herein, in whole or in part, publishing any change in the same way these General Conditions are published, or through any type of communication directed towards Users.
9.2 The validity of these General Conditions coincides, therefore, with the length of time they are posted, that is until the moment they are modified, totally or partially, at which moment the modified General Conditions will come into effect.
9.3 Notwithstanding the provisions of the Particular Conditions, HANSEN & PARTNER may terminate, suspend or interrupt, at any time and without prior notice, the access to the page content. This shall not entitle the User to demand any compensation. Following such termination, the prohibitions on use of the contents stated above in these General Conditions shall remain in force.
10.1. The headings of the clauses are only informative in nature and do not affect quality or broaden the interpretation of the General Conditions.
10.2. Should a discrepancy arise between anything established in these General Conditions and the Particular Conditions for each service, the latter will prevail.
10.3. In the event that any provision or provisions of these General Conditions were ruled null or unenforceable, in whole or in part, by any court, tribunal or administrative body, such invalidity or inapplicability shall not affect the other provisions of either the General Conditions or the Particular Conditions of the different services of HANSEN & PARTNER.
10.4. Failure to exercise or to enforce any right or provision of these General Conditions by HANSEN & PARTNER shall not constitute a waiver, unless expressly stated in writing by HANSEN & PARTNER.
11.1. The relationships established between HANSEN & PARTNER and the User shall be governed by the provisions of the legislation in force concerning applicable law and jurisdiction. However, for cases in which the legislation provides the opportunity to the parties to submit to a jurisdiction, HANSEN & PARTNER and the User, expressly waiving any other jurisdiction that may correspond to them, will submit themselves to the Courts and Tribunals of the city of Palma de Mallorca.
TERMS AND CONDITIONS OF TICKETS SALE AND ACCESS TO ELLA FESTIVAL 2016
The terms and conditions set out below regulate the conditions of tickets sale for the ELLA FESTIVAL sponsored and organized by Kristin Hansen (hereinafter referred to either as the « Organizers » or « HANSEN & PARTNER »), domiciled in calle Fábrica, 41b, 07013, Palma de Mallorca, Spain ID X-6179207-G, contact email firstname.lastname@example.org and telephone (+34) 971 45 75 64.
The purchase of tickets and ticket packages constitutes acceptance of the following conditions:
1. ELLA FESTIVAL
ELLA FESTIVAL is the LBTIQ* event taking place in Mallorca
2. TYPES OF TICKETS
1.1. The legal character of the ticket is that of an asset, in accordance with current legislation.
Tickets may be purchased in advance on the website of TICKETEA or TICKETSCRIPT, or at the ticket offices at the party venues, during their official opening hours.
Purchasing tickets in advance, the User will enjoy special prices.
However, the Organizers reserve the right to sell new types of tickets not provided for herein. In any case, these tickets will be subject to these General Conditions of Tickets Sale and Access to ELLA FESTIVAL.
1.2 After purchase, tickets will not be changed and no refund will be given, except in case of cancellation or change of dates by the ELLA FESTIVAL.
1.3. Admission, without prejudice to the conditions included in this document regarding the right of admission, is subject to the fact of having the complete ticket and in appropriate conditions. There are various security measures to ensure the authenticity of the tickets. The Organizers disclaim any liability for the tickets that have not been acquired at any of the ELLA FESTIVAL authorized sales points or the website. The Organizers reserve the right of admission with regard to the holders of tickets that show any signs of forgery or have been torn or altered. The Organizers reserve the right to take appropriate legal actions against any holder of altered or fake tickets.
1.4 Having purchased a ticket does not entitle the holder or any third party to use it, or its content, for advertising, marketing or promotion purposes (including but not limited to contests, gifts and / or raffles). Failure to comply with this condition will oblige the unauthorized advertiser and/or user to pay a fine of one thousand times the price of the most expensive ticket to the event, without prejudice to further claims for general damages. Furthermore, tickets found to be in breach of this prohibition will be immediately voided.
1.5. Tickets may only be purchased in sales locations specifically authorized by the Organizers.
1.6 Should the User purchase tickets on the Website http://www.ticketea.com or http://www.ticketscript.com s/he will receive a proof of purchase by email.
* Conditions for applying for the Resident’s Discount to the final price of the purchase:
In order to obtain the resident’s discount on the final purchase price of the tickets, they must be purchased in advance on the specific Spanish version of the site http://www.ticketea.com or at the Organizers’ office (HANSEN & PARTNER, calle Fábrica, 41b, 07013 Palma de Mallorca, Spain), Monday through Friday, from 9 a.m. to 1 p.m. and from 2 a.m. to 7 p.m. The Users will need to give proof of their resident’s status by showing their ID or residence certificate.
Should you purchase tickets on the website http://www.eventbrite.com you will be required to show your ID or residence certificate when collecting the tickets at the Organizers’ office in order to give proof of your resident’s status. Otherwise, you will be charged the full price with no discount for each ticket purchased.
The Organizers expressly advise that the Resident’s Discount will not apply to purchases made at the venue ticket offices.
1.7. Buying tickets through this website is done in 5 easy steps:
Step 1: Select the number of tickets.
Step 2: Review your order and enter the personal data of the buyer.
Step 3: Payment.
Step 4: Completing the purchase
Step 5: Receipt of proof of purchase via email
1.8. The Organizers warn that they have technical procedures able to detect any fake or photocopied ticket. The Organizers shall have the right to refuse access to the party and / or event to a ticket holder if any abnormalities are found. The detection of any fraudulent use of the tool print at home will be prosecuted under applicable law, including criminal liabilities.
2. SUSPENSION OR CANCELLATION OF THE EVENT
The Organizers reserve the right to alter, modify or suspend the ELLA FESTIVAL program at any time.
In the event of cancellation of the ELLA FESTIVAL , the Organizers will make all possible efforts to establish new dates for the event.
Cancellation of the ELLA FESTIVAL, total or partial, due to force majeure will under no circumstances give rise to a refund of the tickets’ price.
The total or partial suspension of the ELLA FESTIVAL or any of the scheduled performances will under no circumstances grant any rights to the holder.
3. INTELLECTUAL PROPERTY AND IMAGE RIGHTS
The Organizers hold and own all intellectual and industrial rights to image and name arising, directly or indirectly, from performances or any other activities taking place on the occasion of the ELLA FESTIVAL. Therefore, the capture, filming or recording of images or sounds without the prior written consent of the Organizers is strictly prohibited. Hence, it is not allowed to enter the festival sites with cameras, neither photographic nor video, and / or with recording devices of any kind.
Those who attend the ELLA FESTIVAL consent to and authorize expressly and unequivocally that their image and voice can be recorded and used during this event and later released by the Organizers or authorized third parties in any media for promotional and / or commercial purposes of the ELLA FESTIVAL and its future editions.
The Organizers will expel any person who fails to comply with the provisions of this section. This will not entail any right to a refund of the ticket’s price.
4. PERSONAL DATA
We inform you that your personal data will be stored in a file owned by Kristin Hansen and may be used for future promotions following the policy of privacy and treatment of personal data of HANSEN & PARTNER published on its website www.hansenandpartner.com and in compliance with the legislation in force concerning protection of personal data. Participants may exercise their rights of opposition, access, rectification and cancellation by writing to HANSEN & PARTNER, via e-mail addressed to email@example.com.
5. LEGAL RESERVE
The Organizers shall be entitled to take both civil and criminal legal action they deem appropriate against the perpetrators of any attempts of fraud, trespassing and/or damage to the Organizers, directly or indirectly.
6. CUSTOMER SERVICE
The HANSEN & PARTNER support team will answer your questions. Should you have any doubts, contact us.
SALE CONDITIONS FOR TOURS AND RELATED ACTIVITIES TO ELLA FESTIVAL
The terms and conditions set out below regulate the conditions of sale of the tours and sports, culture, entertainment, gastronomic and tourist activities associated with the ELLA FESTIVAL promoted and organized by Kristin Hansen (hereinafter referred to either as the « Organizers » or « HANSEN & PARTNER »).
The purchase of the tours and sports, culture, entertainment, gastronomic and tourist activities associated with the ELLA FESTIVAL represents the acceptance of the following conditions:
1. FIELD OF SALES SERVICE FOR TOURS AND ACTIVITIES
ELLA FESTIVALis the LBTIQ* event taking place in Mallorca
During the aforementioned period of the ELLA FESTIVAL, a series of tours and sports, culture, entertainment, gastronomic and tourist activities denominated « Tours & Activities » and/or « Activities associated with the ELLA FESTIVAL » will take place, as long as they are offered and sold by HANSEN & PARTNER on the website http://www.ticketea.com in its capacity as TOURIST MEDIATOR, under the provisions of art. 59 of Act 8/2012, of 19 July, on Tourism in the Balearics, in order to complement the stay of its participants with a variety of travel services that will offer culture and landscape in order provide a more satisfying experience of both the City of Palma de Mallorca and the Island of Mallorca.
The Tours and Activities purchased by the User on this Website will be provided by third parties, natural or legal, independent persons outside HANSEN & PARTNER.
HANSER & PARTNER acts as TOURISM MEDIATOR between the User and the companies that provide the Tours and Activities, as regards the purchase process and therefore by no means will charge commissions or any amount to the User.
2. PURCHASE OF TOURS AND ACTIVITIES
The purchase of Tours and Activities on this Website is done in 5 easy steps:
Step 1: Selection of services.
Step 2: Review your order and complete the personal data of the buyer.
Step 3: Payment.
Step 4: Completing the purchase.
Step 5: Receipt of proof of purchase by email.
When purchasing Tours and Activities, the User agrees to their cancellation and no show, and to the additional terms and conditions (delivery) of the natural person or legal entity providing such services which may affect your purchase on this website.
The general conditions of cancellation and no show of Tours and Activities are available on our Website, in the pages with the information on Tours and Activities and during the purchase process as well as included in the confirmation of purchase email.
The Users are expressly warned that with regards to some prices or special offers no modifications or cancellations are allowed.
The user should refer to and read carefully the information on each Tour and Activity in order to be aware of the conditions prior to purchase.
Subject to the limitations specified in the General Conditions, HANSEN & PARTNER will only be liable for direct damages actually suffered, paid or contracted by the User due to defects attributable to HANSEN & PARTNER obligations in relation to services provided directly by HANSER & PARTNER.
5. CUSTOMER SERVICE
The HANSEN & PARTNER support team will answer your questions. Should you have any doubts, contact us.