Terms of Use
1. Preliminary Considerations
These legal terms govern the lawful use of this WEBSITE, for which the COMPANY is the legal owner and responsible party. These Terms of Use regulate the access to and use of the WEBSITE, which its owner makes available to Internet users free of charge. Accessing the WEBSITE implies unconditional acceptance of these Terms of Use. Requesting information from or contacting the COMPANY also constitutes full acceptance of these Terms.
The COMPANY reserves the right to modify and update the information contained on the WEBSITE, and its configuration and presentation, at any time and without prior notice. Users should therefore access updated versions of the website.
In the event of any inconsistency or conflict between the Spanish version of these Terms of Use and/or General Conditions and any translated versions in other languages, the Spanish version shall prevail.
2. Website Access and Use Conditions
Access to the PORTAL, whether to all or part of its content and services, grants the status of User and implies full and unconditional acceptance of the Terms of Use set out in this document. Users are also subject to any General and/or Specific Conditions, notices, or instructions that may be brought to their attention in relation to specific content or services, provided that such conditions supplement these Terms of Use and do not conflict with them.
As a general rule, Users undertake to use the portal’s services and content in accordance with applicable law, good faith, generally accepted practice and public order. They also undertake to make proper use of the PORTAL’s services and/or content and not to use them for unlawful or criminal activities and/or activities that infringe intellectual or industrial property regulations or any other applicable legal provisions.
In particular, Users may not access the PORTAL in a manner that damages, impairs, disables or overloads the services and/or information provided; interfere with third parties’ use of those services and/or information; or attempt to access or access unauthorised sites, services, computer systems or connected networks where authorisation is required, whether by intrusion (hacking) or by any other unauthorised means.
The provision of the PORTAL and its services is of an indefinite duration. Notwithstanding the foregoing, the COMPANY reserves the right, at its sole discretion and without prior notice, to temporarily suspend access to the PORTAL or to any of its services.
3. Intellectual and Industrial Property
All content, names, logos, trademarks and databases accessible through the PORTAL’s web pages are subject to the industrial and intellectual property rights of the company or their respective third-party owners. Access to the PORTAL’s web pages does not under any circumstances imply any waiver, transfer or assignment, in whole or in part, of those rights, nor does it confer any right to use, alter, exploit, reproduce, distribute or publicly communicate content or industrial property without the prior express authorisation specifically granted for that purpose by the COMPANY or the relevant rights holder, except for the right to view and make copies for the User’s personal and exclusive use, which must always be exercised in accordance with good faith and applicable law. The User shall bear sole responsibility for the use of any protected intellectual property materials appearing on the PORTAL.
Any infringement of the trademark rights owned by the company that owns this website shall give rise to the corresponding civil and, where applicable, criminal actions under the laws and international treaties in force.
4. Use of Cookies and Browsing
The PORTAL installs a temporary session cookie on the User’s computer when visiting any of its pages. “Cookies” are text files (non-executable) intended to identify the User when visiting a website that they have previously accessed. They cannot be read by any other website and do not contain any personal or financial information.
The COMPANY uses these files exclusively to facilitate navigation through the PORTAL and the reservation system, as well as to obtain statistical data relating to that system.
You may refuse the use of cookies by selecting the appropriate settings in your browser. Please refer to your browser’s instructions and documentation for further information. However, you should be aware that if you do so, you may not be able to use all the functionality of this PORTAL.
If you do not expressly reject the use of cookies, it will be understood that you accept their use.
5. Disclaimer of Warranties and Liability
5.1. Operation of the portal.
The COMPANY does not guarantee the availability or uninterrupted operation of the PORTAL, its services or its content. Where reasonably possible, the COMPANY will give advance notice of interruptions. The COMPANY shall not be liable for loss or damage of any kind arising from the unavailability or interruption of the PORTAL or any of its services, or from errors when accessing the PORTAL’s web pages or pages through which certain services are provided.
5.2. Graphic information.
All graphic documentation included on this website concerning the various SERVICES promotions is for guidance only and may be subject to changes required by the technical development and implementation of the projects. Under no circumstances does this information constitute a contractual document.
5.3. Content, information and opinions.
The COMPANY will endeavour to ensure that the information on the PORTAL is accurate and truthful. The COMPANY accepts no liability for any errors or omissions and reserves the right to change or amend information published on the PORTAL at any time, including prices, descriptions, exclusions and photographs.
Under no circumstances shall the COMPANY be directly or indirectly liable for any content, information, communication, opinion or statement of any kind originating from a User or any other person or entity and communicated, disseminated, transmitted or displayed through the PORTAL’s services.
5.4. Links and Services Hosted Outside the Portal.
The PORTAL provides Users with technical linking devices, including links, directories, and search tools, which allow access to websites or locations managed by third parties. The COMPANY does not own, market, or offer the content or services available on such websites and therefore assumes no direct or indirect liability for them.
6. Privacy and Data Protection Policy
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and Organic Law 3/2018 of 5 December, the COMPANY informs Users of its data protection policy so that they may freely and voluntarily decide whether to provide the personal data that may be requested when subscribing to or registering for any of the services offered. Except where otherwise indicated, responses to questions concerning personal data are voluntary.
The COMPANY informs Users that any data they provide through forms or other mechanisms will become part of a file owned by the COMPANY and duly registered and legitimised with the Spanish Data Protection Agency. The purpose of the file(s) is to ensure the proper provision of the requested services, and the Controller is authorised to provide occasional information about products, services, news and other matters of interest through any communication channel provided by the User. Users may withdraw their consent to receive marketing communications by emailing lopd@elnacionalbcn.com with “Unsubscribe Newsletter” in the subject line.
The COMPANY undertakes to comply with its legal obligations regarding personal data and its duty to treat such data with due confidentiality. To this end, it adopts the necessary technical, organisational and security measures to prevent its alteration, loss, processing or unauthorised access, in accordance with applicable regulations.
Users shall in all cases be responsible for the accuracy of the data provided. The COMPANY reserves the right to exclude from registered services any User who has provided false data, without prejudice to any other legal action available.
The COMPANY will not disclose or transfer the User’s personal data to third parties without obtaining the data subject’s express consent, unless required by law or necessary to fulfil the purpose of the processing.
We also inform you that you may exercise your legal rights of access, rectification, cancellation, erasure, objection, restriction of processing and portability through either of the following procedures:
By sending a written communication to the COMPANY at Passeig de Gràcia, 24 bis, 08007 Barcelona, Spain, specifying the right you wish to exercise and enclosing a copy of your National Identity Document (DNI) or another valid form of identification.
By sending an email to lopd@elnacionalbcn.com, specifying the right you wish to exercise and attaching a copy of the applicant’s National Identity Document (DNI) or another valid form of identification.
The withdrawal, erasure, objection to, or restriction of consent for the processing of personal data, as well as the non-acceptance of this Data Protection Policy, will make it impossible for the COMPANY to properly respond to enquiries, information requests, reservations, questions, suggestions, or any other communication or contracted service that the User may have submitted.
7. Security
The COMPANY has adopted all legally required security measures to protect the personal data provided by Users. However, the COMPANY cannot guarantee that its security systems are entirely invulnerable, nor can it guarantee the security or inviolability of such data while it is transmitted over the network. Users should be aware that internet security measures are not impregnable.
The COMPANY has contracted servers that host its files and databases within Spanish territory through authorised service providers. All information exchanged between the User’s computer and the authorised provider’s computer systems is encrypted to prevent unauthorised third parties from accessing the information or intercepting communications. SSL encryption, the industry standard, is used for this purpose.
The User shall be responsible for all actions carried out using their personal identifier.
8. Governing Law, Legal Framework and Jurisdiction
These Terms of Use shall be governed by the laws of Spain.
In particular, Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE) establishes the legal and regulatory framework that provides service providers and Users with the confidence and security required to use electronic media.
Any dispute arising from the provision of the services or the interpretation or application of any applicable General and/or Specific Terms shall be submitted by the COMPANY and the User, expressly waiving their own jurisdiction, to the Courts and Tribunals of the city of Barcelona, unless another jurisdiction is mandatorily required by law.
TERMS AND CONDITIONS OF THE EL NACIONAL GIFT CARD
1. Use
The El Nacional Gift Card can be used to pay for consumption at El Nacional’s restaurants in Barcelona.
It may be used once or several times until the available balance is exhausted.
If the amount of the consumption exceeds the available balance, the difference may be paid using any of the payment methods accepted by the establishment.
2. Format and delivery
When making an online purchase, the customer may choose between the following options:
Digital voucher
It will be sent to the email address provided during the purchase.
Physical card – Collection
It may be collected from El Nacional from 24 hours after the purchase.
Physical card – Shipping
For domestic shipments, the estimated delivery time will be 5 working days. Any delay in the delivery of the physical card will depend on the diligence of the courier company in transporting it.
For international shipments, the delivery time may vary depending on the destination.
Shipping costs shall be borne by the customer, will be added to the price of the Gift Card and will be shown before the purchase is completed.
3. Validity and expiry
The Gift Card is valid for one (1) year from the date of purchase, regardless of the format or delivery method chosen.
Once the expiry date has been reached, the Gift Card will no longer be valid and may not be used.
All of the foregoing is without prejudice to any rights the consumer may have under applicable law.
4. Balance
The balance of the Gift Card is intended exclusively for paying for consumption at El Nacional’s restaurants.
The balance may not be exchanged for cash or refunded at the holder’s request, except where a right of withdrawal or refund applies under these terms or under applicable law.
5. Withdrawal and refund
El Nacional allows Gift Cards purchased online to be cancelled within 14 calendar days of receipt, provided they have not been used, in whole or in part.
For these purposes, the Gift Card shall be deemed to have been delivered, thereby starting the period for requesting withdrawal from the contract, as follows:
- Digital voucher: when it is sent to the email address provided during the purchase.
- Physical card – Collection: when it is handed over to the buyer or to the person authorised to collect it.
- Physical card – Shipping: when it is delivered to the buyer or to the recipient indicated.
To exercise the right of withdrawal, the purchaser must write to info.enb@elnacionalbcn.com, stating the order number and clearly expressing their intention to withdraw from the purchase.
Where a refund applies, it will be made using the same payment method used for the original purchase, unless another method is expressly agreed.
Once the refund has been processed, the Gift Card will be cancelled and may no longer be used.
The above is without prejudice to any right of withdrawal or refund to which the consumer may be entitled under applicable law.
The consumer is not required to provide any reason or pay any fee in order to exercise the right of withdrawal.
6. Loss, Theft, Damage or Unauthorised Use
The Gift Card is a bearer instrument. It may be used by any person who has access to the physical card, voucher, code, or corresponding QR code.
The buyer or holder is responsible for its safekeeping.
El Nacional will not replace or refund Gift Cards that are lost, stolen, damaged or used by unauthorised third parties, except where required to do so under applicable law.
7. International purchases
These terms are governed by Spanish law, without prejudice to any mandatory rights the consumer may have under the applicable law of their country of residence.
8. Contact
For any query, withdrawal or complaint relating to a Gift Card:
OCIO GASTRONÓMICO BARCELONA, S.L. (EL NACIONAL)
B66070699 · Passeig de Gràcia, 24 bis, 08007 Barcelona
info.enb@elnacionalbcn.com