General terms of access and use of the website

The www.holabarcelona.com website is the e-commerce platform created by TMB to offer users of tourist transport in the Barcelona Metropolitan Area a series of services to improve their shopping and mobility experience.

1. Information about the owner of the website www.holabarcelona.com

Owner: Transports Metropolitans de Barcelona, SL

Tax ID code (CIF): B-63645253

Registered office: Calle 60, n.º 21-23, sector A, polígono industrial de la Zona Franca, 08040 Barcelona

Email: info@holabarcelona.com

Telephone: 934 655 313

Fax: 932 987 180

Registration details: registered in the Companies Register of Barcelona in Volume 37,068, Sheet B-297.088, Page 29. Registered in the Tourism Register of Catalonia as a travel agency under number GC-004178.

2. Conditions for access to www.holabarcelona.com

By accessing and browsing this channel, the user expressly and unreservedly acknowledges and accepts all the legal warnings, conditions and terms of use contained therein.

For the purposes of this declaration, any natural person who accesses or uses the services offered through this website shall be considered a user.

For these purposes, the user declares, under their own responsibility, that they are over 18 years of age and fully capable of accessing our content and using the services offered through the channel. Otherwise, they must refrain from accessing and using them.

Access to the services offered through the website www.holabarcelona.com is free of charge and does not generally require prior subscription or registration by users.

In the event that the user does not agree with the content of these general browsing conditions, they must leave the website and, where appropriate, refrain from accessing it and from using the services it offers.

TMB may, exceptionally, prevent or restrict access to one or more users to the system, temporarily or permanently, in the following cases:

• When it becomes aware of any unlawful activity being carried out by the user through the aforementioned services.
• When the user has failed to comply with any of their essential obligations.
• In the event of infringement or challenge of the intellectual and industrial property rights of the website, without prejudice to the exercise by TMB of any legal actions that may correspond to it in defence of its interests.
• In the case of abuse of the system, understood as such, by way of example, but not limited to, the continuous sending of queries or doubts through the system not for the purpose of acquiring the tickets offered on the pages but rather to interrupt the correct provision of the services offered through the system, etc.
• The use by the user of the system to issue any defamatory or fraudulent comments or information, or in cases where these are contrary to the rules or morals.

TMB may modify, at any time it deems appropriate, the configuration of this website, the conditions of service and its content, as well as deleting, limiting or suspending it temporarily or permanently, or preventing access to it. TMB will endeavour to inform the user of this change, whenever circumstances permit, by means of a publication on the website.

3. Terms and conditions of use of the www.holabarcelona.com

Any user who purchases any of the services offered on this website guarantees that they have sufficient legal capacity to enter into a contract. Likewise, they also guarantee the veracity and authenticity of the information communicated through the corresponding forms and undertake to keep this information up to date.

Any links to other websites, as well as any use that the user may make of them, are subject to these general conditions and to any specific conditions that may be required by the aforementioned websites. Any use other than that authorised is expressly prohibited.

The user undertakes to make appropriate use of the services and content of the website and not to use them for illicit activities or those that constitute a crime or infringe the provisions established in this legal notice, the law on intellectual or industrial property, or any other rule of law. The use made of the information contained on this website is the sole responsibility of the user.

The user guarantees the authenticity and veracity of all data communicated to TMB through different online forms, and takes responsibility for inaccurate or untrue information provided.

Additionally, the user undertakes not to enter, transmit or disseminate any of the following, included as examples but not limited exclusively to:

• Content that is racist, xenophobic, pornographic, defends terrorism or is detrimental to human rights
• Content that encourages behaviour that is criminal, denigrating, defamatory, violent or, in general, contrary to the law, moral standards, good customs and public order.
• Information or content that violates fundamental rights and public freedoms that are recognised both constitutionally and through international treaties.
• Information passed to unauthorised third parties about users' names and their passwords. If the password is received by another user, the latter commits to telling TMB about it immediately.
• Information or content that involves the violation of the intellectual and industrial property rights (including, but not limited to, patents, trademarks and copyright) of TMB, of any of the companies in the TMB group or of third parties.
• Unauthorised or unsolicited advertising, spam, chain emails, pyramid schemes, etc.
• Data programs (virus and malware —malicious software—) likely to cause damage to the computer systems of the access provider, their suppliers or third-party internet users.

4. Activities and services of Hola Barcelona

Hola Barcelona members will be able to buy TMB tourist transport tickets online via the app. All such transactions shall be subject to the terms and conditions of purchase to which they must agree.

The following transport tickets can be purchased through this website:

• Barcelona Bus Turístic: Offering the user the opportunity to discover the most iconic landmarks, monuments and attractions in the city of Barcelona.
• Montjuïc cable car: cable car linking the Funicular station with the top of Montjuïc mountain.
• Catalunya Bus Turístic: offers the possibility of going on excursions to different iconic landmarks in Catalonia from Barcelona.
• Hola Barcelona Travel Card: transport ticket that allows you to enjoy unlimited travel on Barcelona’s public transport for the duration of your stay: 2 days (48 hrs), 3 days (72 hrs), 4 days (96 hrs) or 5 days (120 hrs) consecutively from the first validation.
• Barcelona Christmas Tour: a transport ticket that allows you to discover the main places in the city of Barcelona at Christmas.
• Barcelona Night Bus Tour: a ticket that allows you to take a night bus tour of the city from Pl. Catalunya.
• The transport packages offer the best combination of our services for getting around the city of Barcelona.

By virtue of the regulations currently in force, the user is informed that, for each transport ticket offered through this website, they will receive full information on the following contents:

1. The essential and specific characteristics or conditions associated with each ticket.
2. The full final price of each product, including taxes and fees, as well as any discounts offered in relation to each ticket.
3. The payment procedures available, which in principle, through the system, will always be through the credit card payment method.
4. Possibility for the consumer to exercise their right of withdrawal (to do so, they can consult the general terms and conditions by clicking on the link: https://www.holabarcelona.com/conditions).

TMB also provides users with an information and customer service department through which they can present or lodge complaints and claims related to the services provided.

To access this service, they can go to the following link: https://www.holabarcelona.com/contact-us. The use of this service for the use and dissemination of commercial activities or communications of any kind is prohibited, as well as the carrying out of activities unrelated to the fulfilment of this purpose.

Through the system, the user also has a specific customer service resource for resolving any queries or doubts about the services offered through the system. To use it, they must access the ‘contact’ section of the system, where they will have a form, through which they can ask us their questions.

5. Exemption from liability

The user is informed that some of the transport tickets purchased through this website are associated with the provision of additional or complementary activities or services such as guided tours or undertaking certain recreational, leisure or cultural activities.

Therefore, they should be aware that TMB will market through this website services provided by third parties, in this case, specialised suppliers. The contractual relationship between the customer and TMB and the responsibility assumed by the latter will be limited solely and exclusively to the marketing and sale of these tickets. In this way, TMB does not assume responsibility for the correct provision of these supplementary services offered by suppliers.

Thus, in relation to these services, the customer must contact the companies that provide these services directly, through the means of contact provided by these providers. TMB will be solely and exclusively responsible for the correct provision of transport and passenger transfer services in relation to the tickets purchased.

On the other hand, TMB cannot control the use made by users of the website www.holabarcelona.com and its contents, and therefore is not responsible for damages of any nature that may derive from an illicit, incorrect, inadequate or partial use and the breach by the user of these conditions of access and use, as well as any other condition that may be found on this website with respect to any of its services, without prejudice, in any case, to the legal actions that may correspond to TMB or third parties.

TMB cannot guarantee the permanent availability and continuity in terms of the functioning of the website or the information, content, software, materials or products included therein.

Therefore, all liability is excluded for damages of any kind arising from the lack of availability or continuous functioning of the website, its services and the use that users can make of it.

Notwithstanding the above, TMB will make every possible effort to maintain the continuous availability of this website.

Similarly, TMB will not take responsibility for potential errors or security deficiencies that may arise through the use, by a user, of a browser that is not updated or is otherwise insecure, or by activating devices that remember passwords or user identification codes registered in the browser, or for any damage, errors and inaccuracies that may arise from misuse or malfunction.

In the event that a user causes any type of damage or loss to a third party, that user takes sole responsibility. Additionally, the user will assume all expenses, costs and, where applicable, compensation that might arise from legal proceedings resulting from a breach of the terms established in these conditions and of the applicable law.

6. Confidentiality

All user information stored in the system, whether it refers to the user’s purchase history, or any other additional information provided within the functionalities offered by the system, will be stored under the appropriate security conditions, in such a way as to guarantee the confidentiality, integrity and availability of said information at all times.

TMB undertakes to comply with the obligation to keep this information secret, providing or communicating it only to those bodies or third parties that request it for reasons of compliance with a legal obligation, as well as in cases in which it is absolutely essential for the provision to the user of the additional services offered through the different tickets (for example, to suppliers that provide supplementary services related to the transport tickets offered, such as guides, etc.).

7. Intellectual and industrial property

All the contents of the website (including, but not limited to, databases, images, drawings, graphics, text files, maps, frames, banners, software and its different source codes, audio and video), as well as the website itself as a visual presentation, are the property of TMB, or of its content providers, which in the latter case have been licensed or assigned by them, and are protected by national and international intellectual and industrial property regulations. The compilation (understood as being the compiling, design, ordering and assembly) of the entire website content belongs exclusively to TMB.

All software used in the use and development of the website is the exclusive property of TMB and is protected by national and international industrial and intellectual property laws.

It is forbidden for any user, without the prior written authorisation of TMB, to carry out the following acts—by way of example but not limited to—with respect to the website and its contents:

• Any form of public communication, by any means, including making it available to the general public, so that anyone can access it at any time and from any place of their choosing
• Any form of distribution including, but not limited to, sale, rent or loan.
• Any form of reproduction of the website and its content in its entirety or in part, whether direct or indirect, temporary or permanent, by whatever means and in whatever format.
• Any form of transformation, total or partial, including the creation of derivative products or services.
• Any other form of access that includes the previous methods or other different ones.
• Any direct or indirect form of extraction or reuse of the whole or a substantial part of the content of any database, and the repeated and systematic reuse of its non-substantial parts.

Notwithstanding the foregoing, the user can freely view the website and its content and download material for personal and non-commercial use, without this being extended to third person individuals or entities whether it be for payment or free of charge.

Consequently, making available the use of databases, images, drawings, graphics, text, audio and video files and software owned by TMB or its suppliers that feature on the website, and any other content does not, under any circumstances, imply the transfer of ownership or granting the right of use in favour of a user.

The trademarks, signs, distinctive signs or logos that appear on the website are owned by TMB or the companies in the group that form it, or may have been licensed or assigned by their owner and are duly registered or in the process of being registered. Unauthorised or improper use of these elements is an infringement of the industrial property rights of TMB, TMB group companies or other third party owners.

8. Procedure in the case of illegal actions

TMB ensures that the content of this website does not contain anything of a pornographic, xenophobic, discriminatory, racist or defamatory nature, nor does it incite violence. Likewise, it seeks to avoid any circumstances that could be detrimental to users.

In the event that any user or third party feels that there are facts or circumstances that reveal an illicit use of any content or any action undertaken on the websites included or accessible through this website and especially any that reveal a violation of industrial or intellectual property rights, or other rights, they should send a notification to TMB, which must include the following information:

• Personal data of the person making the complaint: name, address, telephone number and e-mail address.
• A specification of the alleged illicit activity and a precise and specific indication of the protected content, as well as its location on the website.
• In case of a violation of rights: personal information of the owner of the rights that have allegedly been infringed or of the person authorised to represent them and their signature.
• Express, clear and under the responsibility of the claimant that the information provided in the notification is accurate and unlawful as regards the use of the contents or the performance of the activities described.

9. Links to third parties

The website includes links to other websites belonging to entities other than TMB, for which TMB accepts no liability for their content, nor for the products or services they offer or for any viruses or malware they may contain.

TMB is therefore exempt from all liability for the information contained in these internet portals or web pages that can be accessed via links or search engines on the TMB website.

It is strictly forbidden for the user to make alterations that may affect its content, such as, for example, links or similar.

Also prohibited are links to this website or the Hola Barcelona application from web pages or other media that contravene the law, moral standards, public order or that damage the good name and image of any company within the TMB group or any of its distinguishing traits.

10. Links to www.holabarcelona.com

It is strictly prohibited for the user to make alterations to this website which may affect its content, such as actions related to connections (or links) and similar.

Links to this website are also prohibited from websites or media that contravene the law, moral standards, public order or that damage the good name and image of any company within the TMB group or any of its distinguishing traits.

Links to any of the pages on this website that do not contravene the aforementioned prohibitions must comply with the following:

The user must be aware that they are accessing this website and that, in addition, the URL corresponding to the page with which they are linked should appear in the browser.

11. Legislation and jurisdiction

The general conditions of this legal notice and any other contractual text relating to this website are governed by the provisions of Spanish law.

For any dispute arising from the access and use of this website and its contents and services, as well as the interpretation and fulfilment of these general conditions and any other contractual text of this website, the parties expressly submit themselves to the courts and tribunals of the city of Barcelona (Spain), provided that no other specific jurisdiction is established by law.

12. Modification of terms and conditions

TMB reserves the right to exercise, at any time, the right to modify (including modifying, deleting and/or adding to) any part of these terms and conditions.

Unless expressly decided otherwise, amendments shall take effect from the moment they are published, but shall not affect the rights of users already recognised.