1. 1. Introduction

   The following sales conditions are intended to establish the terms and explain the details about the process for purchasing tickets by users who acquire their tickets by this means from THE EXHIBITIONS COMPANY, S. A. U. (hereinafter, TEC), registered in Madrid, Paseo de la Castellana, 257, with Spanish Tax ID no. A29039807, and duly registered in the Madrid Companies Register on sheet M-299308.

   The terms and conditions of sale vary according to the type of ticket purchased by the user; the general admission ticket (hereinafter, the Mirador) or the combined ticket (hereinafter, Cloud Cities Barcelona).

2. 2. Purpose

   1. These online ticket sales terms and conditions (hereinafter, General Terms), govern the acquisition by the user (hereinafter, the User) of tickets for the Mirador and Cloud Cities Barcelona (hereinafter, Tickets) via the www.miradortorreglories.com website, (hereinafter, the Website). These General Terms are supplemented by the Privacy Policy, Legal Notice and the Cookies Policy which the User must consult using the link provided on the main page of the same, before initiating the purchasing process and which are deemed accepted on acceptance of the present General Terms.
   2. Users who purchase Tickets via the Website are obliged to comply with the same. The express acceptance of these General Terms is given when clicking on the button “I have read and accept the terms and conditions of sale” and implies the full and unreserved adherence to these General Terms, in the published version at the moment the purchasing process commences. Accordingly, the User, under their responsibility, must carefully read the General Terms. If the User does not agree with the contents of these General Terms, they must consequently refrain from operating through the Website.
   3. The User declares to be of legal age, in accordance with their national law and have the necessary legal capacity to be bound by these General Terms, as well as to use and, where applicable, contract through the Website, in accordance with said terms. Regarding them, the User declares to know, understand and accept them in their entirety.
   4. Likewise, the User is obliged to comply with the exceptional containment measures for COVID-19 established at any time.
   5. TEC reserves the right to deny or withdraw access and/or use of its purchasing service from the Website, at any time and without prior notice, to those Users who provide false information or who, in any other way, fail to comply with the General Terms.
   6. TEC does not guarantee the availability and continuity of the Ticket purchasing service regulated herein, which may be impeded, hindered or interrupted by factors or circumstances beyond its control. These General Terms are those in force from the date of their last update (indicated at the end of this document). TEC reserves the right to modify the contents of these General Terms at any time and at its discretion; in which case, the modifications will come into force from their publication and will apply exclusively to Users who access the Website after that date. For clarification purposes, if these General Terms of Sale are modified, in strict compliance with the regulations applicable to the protection of consumers and users, TEC will respect the commitments and agreements entered into with the Users before the aforementioned modification took place and whenever they prove applicable.
   7. If the User acts as a consumer, the contract is presumed to be made in the place of their habitual residence. However, the contract shall be understood to be made in the registered residence of TEC when the User does not act as a consumer.
   8. The General Terms will be kept by TEC and are available on the Website so that the User can consult and review them at any time.
   9. The General Terms are available in Catalan, Spanish, English and French.
   10. If any of these General Terms becomes invalid or inapplicable for legal or material reasons, the others will not be affected and will continue to be applicable provided they are not affected by said invalidity or inapplicability.

3. 3. Ticket Purchasing Service

   1. This Website has been developed to the benefit of end customers; and therefore, the services that can be accessed via it are not designed for wholesalers, retailers or any other type of intermediary from the leisure, tourism or any other sector. Accordingly, the User recognises and accepts that the Website is, solely and exclusively for their personal use and states that the services contracted via the Website will be for their own use, remaining under their responsibility the access, use or use of the services offered on the Website by third parties that access, use or contract on their behalf. In this sense, the User accepts, expressly and without exception, that access to the Website and the use of its services take place under their sole and exclusive responsibility.
   2. Through the Website, TEC provides a service to the User for purchasing Tickets in advance for the Mirador and Cloud Cities Barcelona.
   3. The User can purchase the types of Tickets described in the section Prices and Ticket Options on the Website, all of which are subject to these General Terms.
   4. All of the Ticket types include an audio guide, which can be accessed through a mobile device application (PWA) using a QR code.

4. 4. Ticket Purchasing Process

   1. To purchase Tickets online, the User must follow the steps below:
      1. First, the User must have a computer, smartphone or any other electronic device with an internet connection and go to the Tickets page on the Website.
      2. Once the User has accessed the Ticket sales page on the Website, they must select the type of Ticket they wish to purchase, according to the definitions provided in section 3.2. Once the type of Ticket has been selected, the User must choose the date and time slot when they wish to visit, as well as the number of Tickets they would like to purchase. The Website will inform the User of the maximum number of Tickets they can purchase for the selected date and time slot. The date and time slot of the visit will be shown on the Ticket once the purchasing process has been completed.
      3. In the case of Reduced rate Tickets, the User must also indicate the type of beneficiary who will use the Tickets, as well as the type of reduction applicable. The User commits to providing truthful information at all times. TEC shall refuse entrance to any visitors who, having selected this type of Ticket, do not meet the requirements described for the Reduced rate.
      4. According to the number and type of Tickets selected by the User, the Website will indicate the final price of the Tickets (which will include VAT and any other applicable taxes). The price of the Tickets will be that shown on the Website at the time of purchase.
      5. Once the User has selected all of the aforementioned options, they must provide the following data: name and surname, contact telephone number, email address and country of residence (completing the fields for name, email address and country of residence are mandatory).
      6. Following, the User will be asked to select the payment method with which they wish to complete their purchase. The Tickets available on the Website can be purchased using one of the bank cards (debit/credit) identified on the Website.
      7. Before continuing with the purchasing process, the User must expressly accept the General Terms and the Privacy Policy.
      8. Finally, after selecting the payment method and clicking on the “Pay” button, the User will be redirected to the corresponding bank platform and must follow the payment instructions provided on it.
      9. The contract between the User and TEC for the purchase of Tickets is completed once the User successfully concludes the Ticket payment process. The User declares to understand and accept that only once the entire purchasing process, established on the Website, has been completed and finalised with confirmation of the User’s purchase in the Confirmation dialogue box, does the purchase of Tickets constitute a complete, formal and effective request. Under no circumstances does the partial execution of the purchasing process by the User imply the creation of any contractual or pre-contractual relationship between the User and TEC.
      10. Before finalising the Ticket purchasing process, it is the User’s responsibility to ensure the accuracy and correctness of the data provided. Once the Ticket purchasing process has been successfully completed, the Ticket characteristics, type and conditions (such as, for example, the day or time of the visit) may not be modified except in the cases expressly provided for in these General Terms.
      11. The User declares and guarantees to TEC that they have the necessary legal capacity to act, contract and purchase the Tickets through the Website, that they will correctly provide all the data requested during the contracting process and that the data entered is accurate, up-to-date and does not correspond to any third party. In the case of contracts made by minors, TEC will not be held responsible for the validity of the consent to contract or the need for their legal representatives to validate this contract. Similarly, TEC is not responsible for verifying the veracity or accuracy of the data provided by the Users. Therefore, TEC will not assume any liability for people who fail to comply with the obligation to provide their own, correct, truthful and lawful information, these people being the only ones, for all legal purposes, responsible for the false or inaccurate data they provide during the contracting process, as well as for the damages of any kind caused to TEC or third parties due to this circumstance.
      12. Once the purchasing process has been completed, the User will receive an email, to the email address provided for this purpose, confirming the purchase of the Tickets and which will contain the booking number and the Tickets purchased. Tickets can be printed, downloaded to a mobile device in PDF format or downloaded in Passbook or Wallet format. Tickets in these three formats will have the same validity as those purchased at the ticket office. Tickets will have a unique booking number and can only be used once.
   2. The purchase of Tickets through the Website for purposes other than those expressly provided for in these General Terms is not permitted under any circumstances. The User may not resell the Tickets in exchange for any price or carry out any onerous legal act of transferring the use of the Ticket or its ownership to third parties.
   3. TEC shall only be liable for Tickets purchased through the Website.
   4. The resale of Tickets is expressly prohibited.
   5. The lack of visibility caused by adverse weather or environmental conditions will not be a reason for refunding the Ticket.

5. 5. Admission and Visit

   1. Visitor Regulations
      1. Access to the Mirador and/or Cloud Cities Barcelona is subject to the possession of a lawfully acquired ticket, in accordance with these General Terms and its suitable presentation to TEC staff, on the date and at the time established for the visit.
      2. Users who have purchased their Tickets online must present them at the entrance for this purpose at the time indicated during the purchasing process. Once the Ticket has been validated by TEC staff and the legitimate ticket holder has accessed the facilities, they may not return if they leave. Visitors must keep their tickets for the duration of their visit.
      3. TEC staff may request, at any time during the visit, proof that the person who has acquired a ticket at a Reduced rate meets the circumstances that give them the right to said discount.
      4. TEC staff may refuse admission to the Mirador and/or Cloud Cities Barcelona if the ticket is damaged, torn or shows evidence of falsification or resale. If a counterfeit or resold Ticket is detected, TEC reserves the right to initiate legal proceedings against the person who presents it or against the person responsible for the counterfeit or resale
      5. TEC reserves the possibility to search visitors who access the premises and their belongings, for security reasons, according to the applicable regulations. Visitors will have their bags, rucksacks, luggage and belongings checked. Under no circumstances are objects considered dangerous or illegal allowed inside the facilities. If a dangerous object is detected, it may be confiscated until the exit or handed to the security forces, as the case may be, and the visitor may be denied access. Said measures can be modified unilaterally by TEC if there are circumstances that require it, such as changes in the Spanish Anti-terrorist Alert Level (NAA in its Spanish acronym).
      6. TEC reserves the right of admission by virtue of the provisions of Spanish Decree 112/2010, approving the Regulations for public performances and recreational activities. Similarly, TEC may deny access or permanence to any visitor who: (i) shows symptoms of being under the influence of alcohol, narcotics, psychotropics, stimulants or similar; (ii) demonstrates an attitude that poses or may pose a direct or indirect danger to other people, TEC staff and/or the facilities; or (iii) fails to comply with any of the rules established in these General Terms. The right of admission may also apply to those visitors who, having accessed the Mirador, try to access Cloud Cities Barcelona, infringing any of the regulations established in this clause, in clause 5.2 of the Terms of Sale or in the General Terms.
      7. Purchasing a Ticket to access the premises implies acceptance by the User of the existing regulations established by the Spanish Ministry of Health or any other competent authority, at all times, for visits to museums and public establishments, as a result of the emergency public health situation caused by COVID-19, during both the state of alarm and once it has concluded.
      8. TEC reserves the right to modify itineraries or limit the spaces that can be visited for reasons of public health, safety, restoration, maintenance, adverse weather conditions or specific events. These changes will not affect the Ticket price or give Users the right to any claim.
      9. TEC, in compliance with legislation, will control the capacity of the Mirador and Cloud Cities Barcelona according to the safety and/or conservation criteria for the respective spaces.
      10. Smoking, drinking and eating are not permitted inside Mirador Torre Glòries or Cloud Cities Barcelona at any time during the visit.
      11. For hygiene purposes, safety and respect for others, visitors may not enter the facilities in swimsuits, bikinis, without shoes or with no shirt on.
      12. For health and hygiene reasons, animals are not allowed inside the facilities, with the exception of guide dogs.
      13. Scooters, bicycles and any other type of vehicle with wheels are not permitted inside the facilities.
      14. Professional audiovisual recording devices (for example, flashes or lighting devices, tripods, lenses, etc.) cannot be brought into the Mirador or Cloud Cities Barcelona. Nor can pictures be taken for purposes other than personal use. In particular, the use of images for profit-making, business or professional purposes, without the express and written authorisation of TEC, is forbidden. If the User fails to comply with this obligation, they will fully assume any responsibility that may arise against TEC and third parties for taking and using without authorisation, any image of the facilities.
   2. Admission rules for Cloud Cities Barcelona
      1. For safety reasons, entry to the Cloud Cities Barcelona installation is prohibited to minors under 10 years of age. Minors who wish to enter (ages 10 to 17) must be accompanied by an adult. To enter the installation, visitors must be physically fit given that some of the sections require certain technical skills (going up and down slopes, sliding through narrow sections, etc.). Staff will refuse entry to all visitors who, given their physical condition, weight, size and/or mobility could put themselves or other visitors at risk. Specifically, elderly people, those with limited mobility or visibility, pregnant women, people with vertigo, anaemia, motion sickness, claustrophobia, diabetes, epilepsy, heart, respiratory or other similar problems, or those who clearly show signs of drunkenness, will not be allowed entry to Cloud Cities Barcelona. Staff will refuse entry to all visitors who do not meet the requirements or who they consider not capable, on the grounds of safety criteria. In such cases, the visitor will lose the right to any refund for their ticket to the installation.
      2. TEC reserves the right of admission to the installation of all those who do not meet the minimum age for admission, published on www.miradortorreglories.com, as well as those visitors who do not meet the requirements established in clause 5.1.6. TEC will not be liable for any damages visitors may suffer as a result of failure to comply with said instructions.
      3. Visitors may not enter the installation with personal objects as these may cause serious harm to visitors below on the Mirador floor. Before entering the installation, visitors must leave their belongings in the lockers provided or give them to a companion who will not visit the installation. Cloud Cities Barcelona staff can authorise visitors to access the installation with their mobile telephone, but it must be attached to the safety holder provided. Visitors accessing the installation with their mobile phone do so under their sole responsibility. TEC will not be held responsible for any damage that may be caused to mobile phones in the event of a malfunction of the safety holder provided by TEC. Visitors must not lean over the edge of the installation or step anywhere outside the path marked. Visitors who fail to comply with these conditions or who fail to follow the instructions given by Cloud Cities Barcelona staff will be held directly responsible for any harm caused to visitors below on the Mirador floor.
      4. For safety reasons, TEC reserves the right to check the belongings of visitors at the installation entrance and to use metal detectors.
      5. Visitors must wear comfortable clothes, closed shoes and avoid wearing skirts and delicate fabrics.
      6. At all times and as a priority, the admission instructions or indications for the installation, given by our staff, must be followed, which will take precedence over those defined here.

6. 6. Refunds and Exchanges Policy

   1. Users who have the status of consumers may not exercise the right of withdrawal provided for in Spanish Royal Decree Act 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users, given that the Tickets have the character of a recreational service with an assigned date and time. However, Users can request exchanges and refunds in the following cases:
      1. Individual Ticket Exchange
         1. This section applies to the following Ticket categories: General Admission Ticket, Combined Admission Ticket and Self-Guided Group Visit.
         2. As a general rule, once Tickets have been purchased, the User can change the date and time of the Ticket provided they request the exchange no later than 24 hours before the visit. All requests for exchanges must be sent by email to help@miradortorreglories.com. Ticket changes can only be made by the User who purchased them. TEC will not process and/or authorise exchanges for Tickets purchased through intermediaries or unofficial distributors, which must be handled by said third parties and in accordance with their own conditions. Exchanges will only be made for unused tickets. To request an exchange, the Tickets must be presented, in digital or paper format, and the booking number provided. A new date can be chosen for the visit within the 12 months as of the date of the request and a new Ticket, with the new date and time, must be redeemed via the same email address help@miradortorreglories.com. The date change will be according to the original Ticket, which will be of the same type and have the same characteristics and services as the original Ticket. Regardless, the request will be conditioned by the availability of Tickets. The change will entail no charges for the User.
      2. Individual Ticket Refund
         1. This section applies to the following Ticket categories: General Admission Ticket, Combined Admission Ticket and Self-Guided Group Visit.
         2. As a general rule, once the Tickets have been purchased by the User, TEC will only accept cancellations with the right to a refund for requests presented no later than 24 hours before the visit and whenever one of the following situations occurs: (a) pandemic and COVID-19 situations; (b) trip cancellation due to personal or health reasons of a first or second-degree relative, understood to be cases of death, illness or hospitalisation; (c) trip cancellation due to causes beyond the User’s control, such as flight cancellations by the airline; (d) for reasons beyond the User’s control and due to TEC, such as the closing of the Mirador for maintenance work, events, etc.
         3. Refunds must be requested at least 24 hours before the visit date and an official supporting document presented, proving that the ticket cannot be used due to one of the aforementioned reasons.
         4. Furthermore, cancellations with the right to a refund can be requested up to 48 hours after purchasing the Ticket if there is a demonstrable human error or a manifest error in the purchasing process.
         5. Ticket refunds can only be requested by the User who purchased them.
         6. TEC will not process and/or authorise refunds for Tickets purchased through intermediaries or unofficial distributors, which must be handled by said third parties and in accordance with their own conditions.
      3. Refund Procedure
         1. All refund requests must be sent by email to help@miradortorreglories.com and an official supporting document must be presented, stating the reasons for which the ticket cannot be used.
         2. Refunds will only be made for unused tickets. To request a refund, the Tickets must be presented, in digital or paper format, and the booking number provided.
         3. TEC will assess each request and will reply to the User, justifiably accepting or denying the refund.
         4. The refund will be made using the same payment system as that used by the User when purchasing the Ticket.
         5. The refund term will depend on each User’s bank.
         6. If the refund request is due to the impossibility of being able to enjoy one of the contracted services, the refund and corresponding repayments will only refer to the proportional amount of the Ticket corresponding to the affected service, according to the prices given on the Website of the Mirador at all times.
         7. The refund will only include the price of the Tickets paid for by the User. Under no circumstances will the User be refunded any other cost or expense, such as but not limited to, transport or accommodation expenses.
         8. In the case of refunds or date changes due to the closing of services and/or closing of Mirador Torre Glòries by decision of TEC, presentation of the Tickets will not be necessary and the refund will be made automatically using the same payment method as that used for the purchase. The User can request a date change by email at help@miradortorreglories.com.
         9. In the case of exchanges and refunds requested due to a manifest error by the User when purchasing the Tickets, said exchange or refund must be requested within 48 hours after the date of purchase, by email at help@miradortorreglories.com and justification for the error must be provided.
         10. In the case of refunds due to reasons not attributable to the User or to third parties unrelated to TEC (for instance, due to weather events or as a result of measures adopted by the competent authorities at all times), these must be requested by email at help@miradortorreglories.com and documents presented justifying the reasons for not being able to use the Tickets.
      4. Group Ticket Exchanges
         1. This section applies to the following Ticket categories: Guided Group Visit, Good Morning Barcelona, Good Night Barcelona, The Networks of Art, The Architect’s Vision 22@ and Guided School Visit.
         2. To request a date change for a group booking in any of the categories referred to in 6.1.4.1., the request must be presented at least 72 hours before the visit to Mirador Torre Glòries.
         3. All requests for exchanges must be sent by email to help@miradortorreglories.com and all the provisions for the refund process for individual Tickets will be applied.
      5. Group Ticket Refunds
         1. This section applies to the following Ticket categories: Guided Group Visit, Good Morning Barcelona, Good Night Barcelona, The Networks of Art, The Architect’s Vision 22@ and Guided School Visit.
         2. Cancellation with the right to a refund exists for all the categories referred to in 6.1.5.1. in the following cases: (a) refund requests made more than 3 days in advance in relation to the time slot for the visit will be refunded 100 % of the Ticket price; and (b) refund requests made within the 3 calendar days (72 hours) before the date and time of the visit will not be refunded, only the date and time of the visit will be changed, subject to availability.
         3. All requests for refunds must be sent by email to help@miradortorreglories.com and all provisions for refund processes for individual Tickets will be applied.

7. 7. Intellectual and Industrial Property Rights

   1. The intellectual and industrial property rights for the Website, the Mirador and Cloud Cities Barcelona, in particular the installation by the artist Tomás Saraceno, and all its elements and contents are the exclusive property of TEC, or third parties, or have been legitimately assigned or licensed in favour of TEC. Consequently, the User is absolutely forbidden to use, reproduce, transmit, transform, disseminate, disclose, publish, process, distribute, publicly communicate or exploit the Website, the Mirador and Cloud Cities Barcelona, in particular the installation by the artist Tomás Saraceno, in any way, except for those uses strictly necessary for the use of the services offered through the Website or those legally permitted.
   2. The User acknowledges and accepts that the use of the Website or the purchase of Tickets does not imply the transfer of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights.
   3. The User will be solely responsible, before TEC and before third parties, for any infringement of property rights of an intellectual, industrial or similar nature that are carried out in relation to the Website, the Mirador and Cloud Cities Barcelona, in particular the installation by the artist Tomás Saraceno.
   4. The graphic representation of the Mirador building is a registered trademark in 2D and 3D format, in all the categories of the Nice Classification, owned by MERLIN PROPERTIES SOCIMI, S. A., without prejudice to any other intellectual property rights, and confers said company the exclusive right to its commercial exploitation, in particular its use, reproduction, public communication, transformation or distribution, as well as the power to prevent its use by unauthorised third parties. Wherefore, the aforementioned uses in any type of media are strictly forbidden without the express prior written permission of MERLIN PROPERTIES SOCIMI, S. A.

8. 8. Responsibilities

   1. TEC will not be held liable for any Ticket that has not been purchased through the Website.
   2. TEC is not responsible for any lost or stolen Tickets.
   3. During the visit, visitors must scrupulously comply with all the rules, indications and security instructions that are given by TEC and/or all those that are applicable, with diligence and following the appropriate precautionary measures. In this sense, under no circumstances will TEC be held responsible for any damage, loss, costs or expenses suffered by visitors or third parties as a result of a breach or non-observance of those rules, indications or instructions or, in general, of any negligent action or omission on their part or any third party unrelated to TEC.
   4. TEC will not be liable, under any circumstances, for the loss or theft of visitors’ personal belongings during their visit due to actions or omissions of third parties not attributable to TEC.
   5. Visitors will be exclusively responsible and will respond, before TEC and third parties, for any damage, defects or harm that they cause to the facilities and/or to third parties during their visit, without any limitations.

   6. Visitors accessing the Cloud Cities Barcelona installation with their mobile phone do so under their sole responsibility. TEC shall in no event be liable for any damage that may be caused to mobile phones. TEC’s liability is expressly excluded in the event of a malfunction of the safety holder provided.

9. 9. Applicable Law and Jurisdiction

   1. These General Terms are governed by Spanish common law, with the condition permitted by special national legislation applicable to Users who have the status of consumers.
   2. Any dispute that may arise in connection to this contractual relationship will be submitted to the competent courts of the city of Barcelona (Spain), on the condition that it is permitted by the special national legislation applicable to Users who have the status of consumers.
   3. Similarly, if the User acts in their capacity as a consumer, they may also submit any dispute related to these General Terms to an online dispute resolution procedure (ADR). The list of ADR platforms available from the European Commission can be consulted at the following link:  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
   4. However, TEC does not undertake or have any obligation to be a party to any online dispute resolution process.

1 April 2022

This text is a translation of the original text in Spanish. In the event of any discrepancy between this text and the original version in Spanish, the Spanish version will prevail.