REGISTRATION DATA AND GENERAL INFORMATION
The website andorradirectbus.es (hereinafter, the “Website”) is owned by Autocares Julià SL, with Tax ID No. (NIF) B08095390 and registered office at: C/ Pablo Iglesias, 84, 08908 L’Hospitalet de Llobregat (Barcelona), Spain, and by AUTOCARS NADAL, S.A., with NIF 914074-F and registered office at Avda. Tarragona, 44-46, AD500 Andorra La Vella, Principality of Andorra (jointly, “ADB”). Both are part of the Julià group (“Grupo Julià”).
Grupo Julià is a group of companies with various lines of business and expansion in Argentina, Mexico, the USA, Puerto Rico and Andorra. The main mission of Grupo Julià is to provide customer service and quality with a clear vocation for serving citizens and thus contribute to quality urban mobility, establishing itself as a benchmark in passenger transport through the management of its routes and the optimization of resources.
This legal notice (“Legal Notice”), together with the privacy policy (“Privacy Policy”), the cookies policy (“Cookies Policy”), and the general conditions (“General Conditions”) constitute the applicable legal framework (jointly, the “Legal Terms”) that governs the conditions of use of the portals and websites of the companies that make up Grupo Julià (jointly, the “Portal(s)”).
Use of this Portal and of any company website belonging to Grupo Julià grants whoever uses it the status of user (“User”) and expressly and fully implies acceptance of the Legal Terms. The User undertakes to use the Portals in accordance with the Legal Terms and the applicable legal regulations in force at the time of use. Depending on whether the User is located in Spain or in Andorra, the corresponding legislation will apply in each case. Both regulations are reflected in the different sections.
The Legal Terms are updated periodically and therefore those in force and published at the time of use of the Portal will apply. The User must read these texts carefully before browsing the Portal, as well as periodically. If the User does not agree with the Legal Terms, the User must not use the Portals.
Some services offered on this Website are subject to special conditions that complement those contained in this Legal Notice, and consequently it is advisable to read and accept them beforehand.
2. ACCESS AND USE OF THE CONTENT
Access to the Portals is free of charge for Users.
The Website is not aimed at underage Users.
Any unauthorized use is prohibited unless prior written authorization has been obtained from Grupo Julià.
Grupo Julià reserves the right to deny, suspend, interrupt or cancel access to or use of the Portals, in whole or in part, for those Users who fail to comply with any of the conditions set out in this Legal Notice and/or any of the Legal Terms.
Likewise, Grupo Julià shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions.
Use of the services of the Portals (the “Services”) does not require prior subscription or prior registration of Users. However, there are Services—such as requesting information for the subsequent formalization of a provision of Services—in which it is necessary to fill in the contact forms and register on the Website. This registration shall be carried out in the manner expressly indicated in the Service, and the data shall be processed in accordance with the provisions of the privacy policy of the Portal on which each form is located.
2.1. Obligation to make proper use of the Portals and the Services
The User undertakes to use the Website and the Services in accordance with the Law, morals and public order, as well as with the Legal Terms and, where appropriate, with the codes of conduct applicable to certain Services.
The User shall refrain from using any of the Services for illicit, prohibited or unauthorized purposes, or in any way that may harm the rights and interests of third parties; or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the Website, the Services, computer equipment, documents, files and other content offered by Grupo Julià on the Website and/or that may be stored on any computer equipment of Grupo Julià, the Users or any internet user.
By way of example and without limitation, the User shall refrain from:
a) Engaging in illicit or illegal activities or activities contrary to good faith and public order;
b) Causing damage to the physical and logical systems of the Website, its providers or third parties;
c) Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to networks, equipment or systems of Users, the Website or Grupo Julià;
d) Attempting to access, use and/or manipulate data belonging to Grupo Julià, third-party providers and/or other Users;
e) Removing, altering, bypassing or manipulating any protection device or security systems that may be installed therein;
f) Using robots, data exploration and storage systems (such as spiders or scrapers), hidden links or any other resource, tool, program, algorithm or automatic data collection/extraction method to access, acquire, copy or monitor the Website without the express written permission of Grupo Julià.
g) Using the Services and, in particular, any kind of information obtained through the Website to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose such information in any way.
h) Impersonating another person or organization, using disrespectful or offensive language such as insults, threats or comments that may hurt the sensibilities of other Users; or presenting, recommending and/or citing companies or websites and/or carrying out marketing actions or spam. This type of content will be removed along with, where appropriate, the accounts that carried out such actions.
Grupo Julià reserves the right to remove any content that is disrespectful and/or contravenes the provisions of this section, as well as to take any legal action it deems appropriate.
2.2. Obligation to make proper use of the Content
The User undertakes to use correctly the content made available on the Website—meaning by this, without limitation, texts, photographs, graphics, files, logos, images, icons, technology, software and links; as well as the selection and form of presentation of the materials included therein and other audiovisual or sound content, its software, graphic design and the source codes necessary for its operation, access and use (the “Content”)—in accordance with the Law and the Legal Terms; and, in particular, the User shall refrain from:
a) Reproducing, copying, distributing, making available or otherwise communicating publicly, transforming or modifying, or carrying out any other form of exploitation, by any procedure, of all or part of the Content, as well as its design and the selection and form of presentation, unless you have the express authorization of Grupo Julià or of the holder of the corresponding rights or where this is legally permitted;
b) Decompiling, disassembling, performing reverse engineering, sublicensing or transmitting in any way, translating or creating derivative works of the computer programs necessary for the operation, access and use of the Website and the Services contained therein, as well as performing, in relation to all or part of such programs, any of the acts of exploitation described in the preceding paragraph. The User of the Website must in all cases refrain from removing, altering, bypassing or manipulating any protection device or security systems that may be installed therein.
c) Removing, manipulating or in any way altering any reservation of rights and other identifying data;
3. INTELLECTUAL PROPERTY
The information disseminated on the Portals is owned by Grupo Julià and its authors.
The information disseminated on Grupo Julià’s Portals, as well as their Content, source code, design, navigation structure, databases and the different elements are owned by Grupo Julià or its authors and are considered protected works in accordance with the provisions of Royal Legislative Decree 1/1996 of 12 April, approving the consolidated text of the Intellectual Property Law in Spain, and by Law 23/2011 of 29 December on copyright and related rights of Andorra; likewise, the international treaties signed in this field also apply to them. Therefore, they hold the exclusive exercise of exploitation rights in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.
This Legal Notice does not entail any assignment of rights in favor of the User in relation to any of the elements comprising the Portals or the personal Content and Services. Therefore, copying, public communication, distribution, commercialization or any other activity for a public purpose that may be carried out with the Content of its Portals is prohibited.
The trademarks, trade names or distinctive signs of any kind that appear on the Portals are owned by Grupo Julià or have been published with the consent of their legitimate owners, and access to the Portals shall not be understood as granting Users any rights over said trademarks, trade names and/or distinctive signs.
To make any observation regarding possible breaches of intellectual or industrial property rights, as well as regarding any of the Content of the Portals, the User may contact Grupo Julià at the email info@julia.net, attaching the pertinent information.
In any case, Grupo Julià assumes no responsibility with respect to intellectual or industrial property rights owned by third parties that are infringed by Users of the Portals or by any other person outside Grupo Julià.
4. HYPERLINKS
The Portals may make available to the User technical linking devices (such as links, banners, buttons) that allow access to web pages belonging to and/or managed by third parties (“Linked Sites”). The presence of Linked Sites is for informational purposes and in no case constitutes an invitation to contract products or services that may be offered on the destination website. If Grupo Julià has actual knowledge that the activity or information to which these links refer is unlawful, constitutes a crime or may harm goods or rights of third parties susceptible to compensation, it will act with due diligence to remove or disable the corresponding link as soon as possible.
Grupo Julià does not offer or commercialize, either on its own or through third parties, the information, content and services available on the Linked Sites, nor does it control, approve, recommend, monitor or adopt them as its own. Grupo Julià does not guarantee nor does it assume any responsibility for damages of any kind that may be due to:
a) The operation, availability, accessibility or continuity of the Linked Sites;
b) The maintenance of the information, content and services existing on the Linked Sites;
c) The provision or transmission of the information, content and services existing on the Linked Sites;
d) The quality, lawfulness, reliability and usefulness of the information, content and services existing on the Linked Sites, provided by third parties through the Website.
e) Non-compliance with the law, morals and good customs as a result of the dissemination, storage and making available of content supplied by third parties.
f) The infringement of intellectual or industrial property rights, rights to honor, personal and family privacy, people’s image or the communication of personal information by third parties.
g) The performance of acts of unfair competition and unlawful advertising.
h) Lack of truthfulness, accuracy or timeliness of such content.
Since Grupo Julià has no control whatsoever over the content hosted on such channels, the User acknowledges and accepts that Grupo Julià assumes no responsibility for the content or for the services that may be accessed on such pages, nor for any content, products, services, advertising or any other material available therein. For this reason, the User must exercise the utmost caution in evaluating and using the information, content and services existing on the linked channels, and regarding information of their own or of third parties that they wish to share on said channels.
The introduction of hyperlinks for commercial exploitation purposes on portals other than those of Grupo Julià that allow access to the Portals without authorization from Grupo Julià is expressly prohibited. The existence of this type of link shall not imply the existence of commercial relations with the owner of the website where the hyperlink is established, nor acceptance by Grupo Julià.
5. MODIFICATIONS
GRUPO JULIÀ reserves the right, at any time and without prior notice, to modify, extend or temporarily suspend the presentation, configuration, technical specifications and Services of the Website, unilaterally; as well as the right to modify at any time the Legal Terms which, in relation to the Website, have been or may be made available to the User of the Website.
6. DISCLAIMER OF LIABILITY
Grupo Julià does not guarantee the availability and continuity of the operation of the Portals, nor that they are error-free. Where reasonably possible, Grupo Julià will give prior warning of interruptions in the operation of the Website. To the fullest extent permitted by law, Grupo Julià excludes any liability for damages of any kind that may be due to the availability and continuity of access to the Website, such as technical, security, control, supply interruptions, etc. It is the responsibility of the User of the Website, in any case, to have appropriate tools for the detection and disinfection of harmful or damaging computer programs.
Grupo Julià excludes all liability for errors or omissions that may affect the Content of the Website or other Content that may be accessed through it; as well as for any damages arising from the use of the Website and/or any action taken on the basis of the information provided therein, including the presence of viruses or other elements that may produce alterations in computer systems. Grupo Julià will also not assume any responsibility for the use that other users make of the Website and/or its Content, nor for errors or omissions by third parties, regardless of whether such third parties may be linked to Grupo Julià by a contractual relationship.
The information contained on the Website is provided without any kind of warranty, either express or implied, and may be changed or updated without prior notice. Grupo Julià does not guarantee the absence of viruses, worms or other harmful computer elements that could cause damage or alterations to the computer system, electronic documents or files of you as a User of the Website. Consequently, Grupo Julià excludes all liability for any damages that such elements may cause to Users. The User shall be liable for any damages of any kind that Grupo Julià may suffer as a result of the breach of any of the obligations to which the User is subject under these Legal Terms. The User is aware of and voluntarily accepts that the use of any Content on this Website takes place, in any case, under the User’s sole and exclusive responsibility, and the User must provide the necessary information in a timely manner and in accordance with the Website’s guidelines and instructions.
In any case, Grupo Julià undertakes to try to resolve any problems and/or incidents that may arise with the greatest possible diligence and to offer all necessary support to the User in order, where appropriate, to reach a quick and satisfactory solution to the incident.
Grupo Julià shall not be responsible for Users’ non-compliance with the conditions of this Legal Notice, nor for the use of the Services and Content accessible from the Website. Any damages that may be caused by a User’s impersonation of a third party in any communication made through the Website shall be the responsibility of the person who carried it out, since Grupo Julià does not control the authenticity of the content or information provided by Users of the Website.
7. DATA PROTECTION
In accordance with the provisions of the regulations in force on Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of Grupo Julià’s Privacy Policy, which every User knows and accepts when visiting the Website.
8. APPLICABLE LAW
The Legal Terms are governed in each and every respect by Spanish law if the User is located in Spain; and by Andorran law if the User is located in Andorra. The User agrees that any dispute, discrepancy, issue or claim arising from the performance or interpretation of these Legal Terms of the Website shall be finally resolved by arbitration within the framework of the Arbitration Court of the Barcelona Bar Association, in Spain, and within the framework of the Arbitration Court of the Principality of Andorra, where applicable; these bodies are entrusted with the administration of the arbitration and the appointment of arbitrators in accordance with their Rules and Statutes. Likewise, the User expressly states the commitment to comply with the arbitral award that is issued. The arbitral award shall be final and binding on the User, who shall accept it unconditionally.
On a subsidiary basis and if necessary, the parties submit, with express waiver of any jurisdiction that may correspond to them, to the Courts and Tribunals of Barcelona, in Spain, and to the Batllia in the case of Andorra.
Notwithstanding the foregoing, both Parties shall do everything reasonably necessary to try to resolve conflicts amicably.
9. OUT-OF-COURT ONLINE DISPUTE RESOLUTION
If you are a consumer and you have complaints or claims, you can send them to the following email address: atencionalcliente@andorradirectbus.es or through the channels enabled on the Website.
In addition, if you are in Andorra and consider that your rights have been violated, in accordance with Law 13/2013, of 13 June, on effective competition and consumer protection, you have the right to submit your complaint or claim by completing the form of the Trade and Consumer Unit of the Principality of Andorra, available on the platform found at the following web address:
https://www.govern.ad/ca/tematiques/comerc-i-consum/consum/reclamacions
Use of the online platform is neither necessary nor mandatory. Therefore, consumers are free to assert their claims without first using the platform.