Terms of use

These terms of use (hereinafter “Terms and Conditions” or “T&C”) regulate access to and use of the website (hereinafter “Website”) and the benefits (“Benefits”) and/or services (“Services”) offered by the Fundació Amics del Museu Nacional d’Art de Catalunya (hereinafter “Amics del MNAC” or “we” or “us”). Together with the legal notice (“Legal Notice”), the privacy policy (“Privacy Policy”) and the cookie policy (“Cookie Policy”), this document represents the applicable legal framework (“Legal Terms of the Website”) for use of this website and the Benefits and/or Services offered. The terms will be updated from time to time, so those posted at the time you use the Website or the Benefits and/or Services are applicable.

 

These T&C constitute the agreement between you (individually the “User” and jointly the “Users”) in your own name, and Amics del MNAC, so by signing up as a member (“Amic” or “Amics”), you agree to submit to these T&C and the Legal Terms of the Website. In the event of a conflict between the Legal Terms of the Website and these T&C, the T&C shall prevail, unless the Legal Terms of the Website expressly state that they supersede any section of these T&C and applicable law does not prohibit the Legal Terms of the Website from replacing such section. These T&C and their modifications, together with any other terms and policies relating to the use of the Services or Benefits provided by Amics del MNAC, will be made available to you at all times on the Amics del MNAC Website, without prejudice to the information that may be sent to you as a User.

 

  1. IDENTIFICATION AND CONTACT

The Fundació Amics del Museu Nacional d’Art de Catalunya is a Spanish foundation with its domicile at the Parc de Montjuïc, 08038 (Barcelona), and Tax ID G64140361, entered in the Ministry of Culture’s Register of Foundations.

 

For any questions regarding the use of Amics del MNAC, you can use the following contact channels: amics@amicsdelmnac.org and +34 93 622 03 81.

 

  1. TERMS OF THE BECOME A MEMBER SERVICE

Through our memberships, Amics del MNAC makes it possible for you as a User to enjoy the various Benefits and/or Services that are set forth in detail on our Website. As a User, you can to sign up through any of various channels that are set up for registration, as listed below:

 

  • CHANNELS PROVIDED TO REGISTER AS A MEMBER
    • JOINING IN PERSON

You can process the Amics del MNAC membership application in person, in our facilities. To do this, you must fill in the form that will be provided to you, completing all the required fields and indicating the type of membership you want.

 

Once you have filled out this form, Amics del MNAC will give you a provisional Amics Membership Card (hereinafter, “Card”), which means you can immediately enjoy all the Benefits and/or Services of the membership type you chose.

 

You will subsequently receive the permanent Card at the address you indicated on the membership application, as we will explain below.

 

  • JOINING ONLINE

You can process your membership registration request on our Website, using the form provided on it. In order for us to process the application, you must fill in the form that will be provided to you, completing all the required fields and indicating the type of membership you want.

 

Once you have completed this form, you will receive a confirmation email giving you the details of your registration request.

 

You will subsequently receive the Card at the address you indicated on the membership application, as detailed below. It should be noted that if you would like to visit the museum or participate in any of the activities that are part of the Benefits and/or Services of the membership category you have joined before you receive your Card, you will need to contact us through the communication channels indicated in your confirmation email.

 

  • JOINING BY PHONE

You can process your membership application by phone, at the numbers indicated on our website. In order for us to process the application, you must provide the required data to the operator and indicate the type of membership you want.

 

Once all the information has been provided to the operator, you will receive a confirmation email giving you the details of your registration request.

 

You will subsequently receive the Card at the address you indicated on the membership application, as detailed below. It should be noted that if you would like to visit the museum or participate in any of the activities that are part of the Benefits and/or Services of the membership category you have joined before you receive your Card, you will need to contact us through the communication channels indicated in your confirmation email.

 

  • GIFTING AN AMICS MEMBERSHIP

In the event that you wish to give an Amics del MNAC membership to a third party, you can do so in person, online or by telephone. Once you have provided the details, you will receive a confirmation email.

 

  • JOINING IN PERSON

If you come to purchase the gift membership in person, you will be given the Card for the person you wish to register as an Amics member. The person receiving the Membership Card must contact us to provide the details we need to activate the Card and begin to enjoy the Benefits and/or Services of the membership category chosen.

 

  • JOINING ONLINE

In the event that you make the request online, you will receive a gift certificate (“Cheque”) that you can forward to the person you wish to register as a member. Once that person has received the Cheque, they will need to contact us and provide detailed information so that we can register them as a member. Once the membership is processed, they will receive their Card, as explained in Section 2.6.

 

  • JOINING BY PHONE

If you want to give a third person a gift membership in Amics del MNAC by telephone, you have several options. You will be redirected to continue the process on the Website or you will receive a confirmation email. In the latter case, the person to whom you forward the Cheque that will be sent to you in the confirmation email must contact us to provide the necessary information to activate their Membership Card. Once the membership is processed, they will receive their Card, as explained in Section 2.6.

 

  • BENEFITS AND/OR SERVICES FOR AMICS DEL MNAC MEMBERS:

By becoming a member, you will have access to the shared Benefits and/or Services offered at any time on the Website. It should be noted that all memberships share some common Benefits and/or Services and that those that are additional will depend on the type of membership you have chosen.

 

  • OBLIGATIONS OF AMICS DEL MNAC MEMBERS

As a User, when you use the Website and the Benefits and/or Services we offer you as an Amics member you agree to:

  1. Pay the fee corresponding to the type of membership chosen.
  2. Make suitable use of the Website and the materials, Benefits and/or Services and forms offered through the Website, in accordance with applicable law and always for the purposes for which they have been created.
  3. Respect and make good use of the facilities, acting diligently. Likewise, the conditions of participation in the activities and the Benefits and/or Services of each membership type must be observed.
  4. Provide the data necessary for processing your request in a truthful and accurate way.
  5. Not transfer the Card to persons who are not part of Amics del MNAC or use it fraudulently, causing harm to Amics del MNAC.

 

As a User, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

 

In the event that a minor wishes to become an Amics member, they must do so through family plans or be in possession of an authorization signed by their parents or guardians. Our privacy policy must be observed regarding the processing of family plan data.

 

In the event that you do not comply with the obligations described above, we may withdraw your Amics membership status temporarily and/or permanently.

 

  • REGISTRATION FEE

The price of the membership dues will vary depending on the chosen membership type, taking into account the provisions on the Website at all times.

 

Membership will begin from the day you pay and entitle you to enjoy the Benefits and/or Services of your chosen membership type for 12 months. Membership will be automatically renewed 5 days before its expiration date. In the event that you do not wish to continue being an Amics member, you must contact us 30 days in advance through any of the channels we have made available.

 

Payment can be made by any of the means indicated. It should be noted that when payment by direct debit is enabled, this will mean that as a User you are giving us administrative management, and you will not have to manually manage the renewal of your membership each year.

 

In the event that you pay the membership fee using direct debit, Amics del MNAC will leave you a welcome publication at the museum entrance desk (except for the Amics Individual memberships).

 

  • AMICS DEL MNAC MEMBERSHIP CARD

The Membership Card is nominal and non-transferable and gives you the right to access the Benefits and/or Services that correspond to you according to your membership category.

 

In order to enjoy all the Benefits and/or Services of being a member, it is important that you carry the Card with you in order to be able to accredit that you are an Amics del MNAC member when you want to access the museum facilities and/or the Benefits and/or Services.

 

  • SHIPPING METHODS AND DELIVERY TIMES

Once you have registered through the channels provided, you will receive the Membership Card at the address you provided on the registration form.  The delivery times for the Card will vary depending on the location of the User’s home, with the estimated delivery time being 15 days.

 

In the event that you have not received the Card within the estimated time, you will need to contact us so that we can resolve the issue and provide a solution.

 

  • VOLUNTARY TERMINATION OR LOSS OF MEMBERSHIP STATUS

If you do not wish to continue being an Amics member, you must contact us through the channels provided (phone, in person or online) 30 days before the 12 months of membership registration or renewal are up, to communicate your request for membership termination. In order to process your request, you will need to identify yourself in your communication with us and provide us with your assigned MNAC member number. Once you have notified us, on the day of your enrolment termination you will no longer be able to enjoy the Benefits and/or Services that correspond to you as an Amics member.

 

In the event that you do not respect and/or violate the obligations set forth in these T&C, Amics del MNAC reserves the right to withdraw your Amics membership status temporarily or permanently, depending on the seriousness of the breach, at the sole discretion of Amics del MNAC.

 

  • MEMBERHSIP CARD LOSS

If you lose your Card under any circumstances, you must inform us so that we can deactivate it and prevent any fraudulent use. If you want to order a copy of the Card, you will have to pay €10 through the contact channels we have provided.

 

  • ENROLMENT CHANGES AND MODIFICATIONS

If, as a User, you would like to change your membership type, you will need to let us know using the following e-mail address: amics@amicsdelmnac.org and we will make the change within 10 days.

 

If the membership dues are paid by direct debit, we will update the amount so that the membership payment reflects the new membership category.

 

  • MEANS OF CORRECTING ERRORS

If you see that the information you have provided is incorrect or out of date, you can contact us to correct possible inaccuracies, omissions and/or errors.

 

  1. TERMS FOR TRAVEL AND ACTIVITIES

As part of the Benefits and/or Services we offer, Amics del MNAC organizes different activities (“Activity” or “Activities”) and/or trips (“Trip” or “Trips”) throughout the year in which you can participate and/or register. They will be announced through quarterly schedules that Amics members receive at home or through the Website.

 

  • REGISTRATION FOR AN ACTIVITY AND/OR TRIP

Any person, whether a member or not, may participate in the Activities and/or Trips we organize, provided that they are not organized for any specific membership type or subject to any additional requirements that will be detailed in each case. If you are not an Amics member, Amics del MNAC will have to request additional data in order to process your participation request.

 

Registration for Activities and/or Trips is done through the registration form available on the Website for each Activity and/or Trip until all spots available have been filled. It should be noted that Amics del MNAC may set limits on the number of spots that can be reserved per User in order to allow all members to have the opportunity to participate in the Activities and/or Trips. Limitations in this regard will be communicated at the time of reservation.

 

Once you have completed the form and paid the booking fee by bank transfer, as indicated in each particular Activity and/or Trip, you will receive a confirmation email with the details of the corresponding Activity and/or Trip. You will be able to pay for the Trips and/or Activities in the form and method of payment indicated by Amics del MNAC and/or the Travel Agency, where applicable, at any time.

 

Registration is personal and non-transferable. In the event that a minor wishes to participate in any of the Activities and/or Trips, they must be accompanied by an adult. If you are over 16 years of age, you must have the authorization of your parents and/or guardians.

 

 

  • CANCELLATION, SUSPENSION AND/OR MODIFICATION OF AN ACTIVITY AND/OR TRIP BY THE MNAC

At Amics del MNAC we reserve the right to modify the price, suspend and/or cancel an Activity and/or Trip if any of the following circumstances occur:

  1. When 75% of the spots offered are not covered.
  2. In the event of unforeseen circumstances and/or force majeure.
  3. The emergence of new needs that have to be addressed as a priority.

 

If any of these circumstances occur, we will post all the information on the Website and notify you using the communication channel you provided on the registration form.

 

In the event that you do not agree with the changes and/or the Trip or Activity has to be definitively cancelled, we will refund the registration fee within 30 business days.

 

  • VOLUNTARY WITHDRAWAL OR CANCELLATION
    • Trips

At Amics del MNAC we organize our Trips through travel agencies (“Travel Agencies”) specialized in their organization. That is why, in the event that you decide to cancel the trip for any reason, you will need to consult each Travel Agency’s terms and conditions.

 

However, if you have any questions, you can write to us at amics@amicsdelmnac.org and we will do our best to help you.

 

  • Activities

In the event that you wish to cancel or unsubscribe from any of the Activities, you must notify us at least 5 days prior to the day the Activity is scheduled. We will only refund the amount paid if you have given us this advance notice.

 

  • EXCEPTIONAL CIRCUMSTANCES

Exceptionally, and at the sole discretion of Amics del MNAC, we will proceed to refund the registration amounts to your bank account when we are notified of the express waiver of participation in the Activity before it starts, and only in the following cases:

  1. Applicant illness.
  2. Death or illness of a family member, up to the third degree of consanguinity or affinity.
  3. And any other situation that for reasons beyond the User’s control may prevent participation in the activity, provided that it is sufficiently justified at the sole discretion of Amics del MNAC.

 

To initiate the process it will be necessary to have documents that attest the circumstance justifying the non-participation. We will provide you with all the information needed for correct processing.

 

  • FORCE MAJEURE

Amics del MNAC will not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events caused by force majeure.

 

Causes of force majeure shall include any act, event, lack of action, omission or accident that is beyond our reasonable control and, among others, include the following:

  1. Strikes, lockouts or other protest measures.
  2. Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared), or threat or preparations for war.
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  4. Impossibility of using trains, ships, aircraft, motor transports or other means of transport, public or private.
  5. Impossibility of using the facilities of the Museum or the place that the Activity or Trip is happening.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

 

Obligations shall be deemed to be suspended for the period during which the cause of force majeure continues, and we shall have an extension of the time limit to meet those obligations for a period of time equal to that of the force majeure duration.

 

Amics del MNAC will use all reasonable means to end the cause of force majeure or to find a solution that will enable us to fulfil our obligations despite the force majeure.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

At Amics del MNAC we grant the right to access the Benefits and/or Services corresponding to their membership type to the Users who register as Amics members and accept these T&C, in accordance with the provisions of these T&C and applicable law.

 

Likewise, the information on the Website, as well as its contents, are owned by us or by their authors and are considered protected works in accordance with the provisions of Royal Decree 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Act. In no case can it be understood that Amics del MNAC is assigning or authorizing the exploitation of the rights over such contents in any of their modalities beyond what is strictly necessary.

 

Trademarks, trade names or distinctive emblems of any kind that appear on the Website are our property or have been published with the consent of their legitimate owners, and it cannot be concluded that access to the Website ascribes any rights to you over said trademarks, trade names and/or distinctive emblems.

 

In any case, at Amics del MNAC we cannot assume any liability with regard to third-party intellectual or industrial property rights that are infringed by the Website Users or by any other person who is not part of Amics del MNAC.

 

To make any kind of observation regarding possible infringements of intellectual or industrial property rights, or regarding any of the Website contents, you can contact Amics del MNAC by email at amics@amicsdelmnac.org, attaching the pertinent information.

 

Access to and use of the Website does not grant Users any intellectual or industrial property rights over our contents and materials. Amics del MNAC reserves the right to take the appropriate legal measures and the User will be liable for violations.

 

The use of designs, graphics, logos, headings, button icons, scripts and other marks or distinctive signs of our ownership is forbidden, as we are their sole owners. All other commercial trademarks that are not ours and appear on the Website or are related to the Benefits and/or Services are the property of their respective owners.

 

  1. AVAILABILITY OF BENEFITS AND/OR SERVICES AND BLOCKING
    • AVAILABILITY OF BENEFITS AND/OR SERVICES

Amics del MNAC does not guarantee the availability and continuity of the Website’s functioning, nor that it is error-free. We also do not guarantee the availability and continuity of the operation and/or opening of the museum in the event of extraordinary circumstances that prevent its normal functioning. When reasonably possible, Amics del MNAC will provide advance notification of interruptions in the operation and/or opening of the Website and the museum, respectively. At Amics del MNAC we exclude, to the full extent permitted by the legal system, any liability for damages of any nature that may be due to the availability and continuity of access to the Website, to the Benefits and/or Services, to the museum or to the Activities and/or Trips that we organize.

 

We will provide you with customer service to resolve general enquiries related to your Amics membership and in the event you are participating in any Activity and/or Trip, through the channels provided for this purpose.

 

  • BLOCKING

Amics del MNAC may refuse to process any applications we suspect may be fraudulent, illegal or otherwise violate the T&C, or suspend them for investigation purposes. If we refuse to process an application, we will notify you (unless prohibited by law) of the denial within the time period we are legally allowed for processing that application and, if possible and applicable, the reasons for our refusal and the procedure for correcting factual errors that caused the refusal. For the purposes of processing time and legal liability for breach or incorrect compliance, any request that we refuse to process will be deemed not to have been received.

 

Notwithstanding the foregoing, the Services and/or Benefits may also be suspended for Users and they may be blocked from access when (a) they have not complied with the T&C; (b) they provide or have provided false, incomplete, inaccurate or misleading information or have engaged in fraudulent or unlawful activities; (c) there is suspicion that the activity or use of the Card is anomalous based on the result of internal fraud-control checks carried out; (d) under the circumstances contemplated by the applicable legislation for these T&C.

 

Amics del MNAC will inform the User of the suspension of their Amics membership and the reasons for such suspension, when possible, before the suspension takes place and, at the latest, immediately thereafter. The Amics membership status will be reactivated when the causes of the suspension have been rectified and/or reverted. In the event that the causes for the suspension cannot be rectified and/or reverted, we reserve the right to withdraw the Amics membership status with immediate effect upon notifying that User, and to proceed, if necessary, to settle the outstanding payments, depending on the type of membership they acquired at the time of registration.

 

  1. DATA PROTECTION

In accordance with the regulations in force on Data Protection, all personal information provided during the registration as an Amics member or the registration in any of the Amics del MNAC Activities and/or Trips will be processed in accordance with the provisions of our Privacy Policy, which every User must read and accept when they become a member.

 

In order to provide access to the Benefits, Services, Activities and/or Trips that we organize, we will process the personal data that the Users have provided to us through the forms and communications with Amics del MNAC (such as, for example, your e-mail address, your first name, last name, etc.), as well as web browsing data, such as the IP and/or possible internet connection, if any, or session data.

 

As a User you understand and agree that we may share the information you provided to us with service providers who assist us in conducting our activity.

 

You can access all information about how we process your data in the Amics del MNAC Privacy Policy, available at https://www.amicsmuseunacional.org/es/aviso-legal-y-de-privacidad/ and/or contact us at amics@amicsdelmnac.org.

 

  1. LIABILITY

Except where the exclusion of liability is legally limited, Amics del MNAC’s liability in connection with any Benefit and/or Service, including any Trip and/or Activity, shall be strictly limited to the amount thereof.

 

Specifically, unless otherwise provided by law, no liability shall be accepted for the following losses, regardless of their origin:

  1. Loss of revenue or sales.
  2. Loss of business.
  3. Loss of profits or loss of contracts.
  4. Loss of projected savings.
  5. Data loss.
  6. Loss of management time or office hours.

 

Due to the open nature of the Website and the possibility that errors may occur in the storage and transmission of digital information, the accuracy and security of the information transmitted or obtained through the Website is not guaranteed.

 

  1. SERVICE FOR AMICS DEL MNAC MEMBERS

Amics del MNAC has set up different contact channels that are available to the User. In the event you need to contact us or have questions and/or doubts related to any point about which we can provide you with additional information, you can contact us both in person and by telephone at the following times: 9:00 a.m. to 2:00 p.m. You can contact us online whenever you need to at amics@amicsdelmnac.org and we will give you an answer as soon as possible.

 

  1. MISCELLANEOUS
    • CHANGES TO THESE TERMS

Amics del MNAC has the right to review and modify these T&C at any time.

As a User, you will be subject to the T&C in effect at the time you use the Website or register as an Amics member.

 

  • NOTIFICATIONS

When you register as an Amics member and/or contact us through the channels provided, Amics del MNAC will communicate with you using the email address(es) you provided at the time of registration and/or by phone if you provided the number on the registration form and it is recorded in our files.

 

By signing up as an Amics member and accepting the T&C, you authorize us to send you notifications electronically and/or by phone. All communications and relevant information from Amics del MNAC, including but not limited to the T&C, modifications or changes to such T&C or any of the Legal Terms of the Website, disclosures, notifications, information about Activities and/or Trips, exhibitions, responses to complaints and other communications with Users that we are legally obliged to provide to you (collectively, “Communications”) may be provided to you in an electronic format. Communications sent through these channels shall be deemed to have been sent “in writing”, received by the User and duly delivered. You will be responsible for printing, storing and maintaining your own records of the Communications, including copies of these T&C, where applicable. This condition does not affect your legal rights, including your right to request a copy of these T&C at any time. You can contact us at the following address: amics@amicsdelmnac.org.

 

  • ASSIGNMENT

You may not assign or transfer any right, obligation or privilege you have under these T&C without our prior written authorization.

 

  • ENTIRE AGREEMENT

These T&C and the Legal Terms of our Website constitute the entire agreement of the parties with respect to the use of the Website and all the Benefits and/or Services we offer, and supersede and terminate all agreements, assertions, prior or simultaneous statements and covenants of the parties with respect to the subject matter hereof.

 

  • WAIVER

Failure by us to demand strict compliance with any obligations assumed under these T&C or failure by us to exercise the rights or actions that may correspond to us under these T&C shall not imply any waiver or limitation in regard to such rights or actions nor will it exempt you from compliance with such obligations. No waiver by us of any particular right or action shall represent a waiver of any other rights or actions deriving from these T&C, nor shall it have any effect unless expressly stated in advance that it is a waiver and it is formalized and communicated to you in writing.

 

  • PARTIAL INVALIDITY

If any of the provisions set forth in these T&C are declared null and void by a firm ruling issued by the competent authority, the remaining T&C shall remain in force, without being affected by such declaration of invalidity.

 

  • CONTRACT LANGUAGE

At Amics of MNAC you are our priority and we try to address you whenever possible in your own language. That’s why we have translated the T&C into several languages. However, in the event of conflict or doubts about the meaning or scope of any paragraph, term or expression contained therein, the Spanish version will apply as it is the original version in which they were written.

 

  • GOVERNING LAW AND JURISDICTION

These T&C are governed in each and every point by Spanish law. The Parties agree to submit to the Courts and Tribunals of Barcelona, expressly waiving any other venue to which they may be entitled, unless applicable law requires another jurisdiction. However, both parties will do everything reasonable to try to settle disputes amicably.

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