Below are the “General Terms of Use” under which any user may use the pages (including the mere access thereof) of the Guggenheim Museum Bilbao Foundation (“GMBF” – FMGB in its Spanish initials) website located at dominio www.guggenheim-bilbao.eus and guggenheim-bilbao-corp.eus (“Guggenheim-Bilbao”), including the content and services made available for users on these pages. Guggenheim-Bilbao is a website wholly owned by the GMBF. Anyone who uses the Guggenheim-Bilbao website (“User”) agrees to all of the General Terms of Use in force at the time of accessing the website.

GMBF is a registered foundation with Tax ID Code number G-48832240, recorded in the Registry of Foundations of the Basque Country, entry number F-17. The contact details are as follows:

• Street address: Abandoibarra Etorbidea, 2, 48009 Bilbao
• E-mail address: informacion@guggenheim-bilbao.eus
• Telephone number: (+34) 94 435 90 00
• Fax number: (+34) 944359010

The contents and services offered by the GMBF to the User on the Guggenheim-Bilbao.eus website (respectively, the “Contents” and the “Services“) may also be governed by particular conditions (“Particular Conditions”), such as agreements included in forms completed and validated by the User; in the event of a conflict, the Particular Conditions shall prevail over of the General Terms of Use. Every time the User makes use of a particular Content or Service, he/she agrees to the pertinent Particular Conditions.

Every time the user makes use of the Guggenheim-bilbao website he/she must carefully read the General Terms of Use and, where applicable, carefully read the Particular Conditions before using any specific Content or Service.

The GMBF reserves the right to change the presentation and configuration of the Guggenheim-bilbao website and to modify the present General Terms of Use or the corresponding Particular Conditions at any time without prior notice.

The set of terms and conditions that result from the General Terms of Use and the various Particular Conditions applicable to every User with regard to the Guggenheim-bilbao website shall be referred to as the “Contractual Relationship”.

2.1 Use

Unless stipulated otherwise in the Particular Conditions, the use of the Guggenheim-bilbao website is free, notwithstanding any connection fee charged by the telecommunications service provider.

The User acknowledges and voluntarily and expressly accepts that the use of the Guggenheim-bilbao website is under his/her sole and exclusive responsibility at all times.

The User commits to using Guggenheim-bilbao in a manner which does not cause damage to the image, interests or rights of the GMBF or any third party, or which may damage, render useless or overload the Guggenheim-bilbao, or which may in any way impede the normal use of the Guggenheim-bilbao website.

GMBF takes reasonably adequate security measures to detect the existence of viruses. However, the User must be aware that the existing security measures for computer systems on the Internet are not entirely reliable and that GMBF cannot guarantee the absence of viruses or any other harmful elements may cause alterations to the computer systems of the User (hardware and software) or to his/her electronic documents and files contained therein.

2.2 Contents

GMBF makes the Contents of Guggenheim-bilbao available to the User, using information taken from its own sources and resources provided by third parties.

The GMBF endeavors to ensure that the contents are of the highest possible quality and reasonably updated. However, the GMBF does not guarantee the usefulness, accuracy, completeness or relevance of the Contents and/or whether such Contents are up to date.

2.3 Industrial and Intellectual Property Rights

2.3.1 General terms

All of the contents on the Guggenheim-bilbao website, including but not limited to text, diagrams, images, web design, and any intellectual property rights which may correspond to said content, as well as brands, commercial names or any other distinctive symbols, are the property of GMBF or its legitimate owners. All rights reserved. © FMGB Guggenheim Bilbao Museoa │ Reproduced Works © the authors © FMGB Guggenheim Bilbao Museoa © VEGAP, Bilbao.

These General Terms of Use do not assign any industrial or intellectual property rights over the Guggenheim-bilbao website or over any of the parts thereof. The User is therefore expressly prohibited to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use in any way and by any means or procedure, any part of the website, except when lawful to do so or when authorization has been provided by the holder of the relevant rights.

Without prejudice to any other intellectual property rights, the graphic representation of the Guggenheim Museum Bilbao building is a registered trademark owned by the GMBF. It therefore has exclusive rights to the use, reproduction, public communication or distribution of the image of the Guggenheim Museum Bilbao, and to impede its use by unauthorized third parties. It is strictly forbidden to reproduce of any images of the Guggenheim Museum Bilbao in any format for any purpose without prior written consent from the GMBF.

The User may visualize and obtain temporary private copies of the Contents for exclusive and private use in his/her computer systems (hardware and software), provided that the intended purpose is not to develop any commercial or professional activity. The User may not obtain or attempt to obtain the Contents through any means or procedures other than those intentionally made available to him/her or indicated for that purpose, or which are normally used on the Internet (provided that the latter do not imply a risk of damage or uselessness for Guggenheim-bilbao). The User shall respect at all times all of the intellectual and industrial property rights existing over Guggenheim-bilbao, whether owned by the GMBF or by third parties. Unauthorized use of materials and information contained on this website may constitute a violation of intellectual or industrial property rights and other applicable laws.

2.3.2 Informational uses by the media

The GMBF offers images of the building and/or the works of art to communication professionals duly registered with the Press Office. Such images are to be used strictly for informational purposes, as set out under article 35 of the Revised Intellectual Property Act.

Photographs of the building and/or works of art are provided for informational purposes only and may not be reproduced, published or distributed for any other purpose, except with prior written consent by GMBF.

The graphic representation of the Guggenheim Museum Bilbao building is a registered trademark belonging to the GMBF, whose ownership gives it the exclusive right to economic exploitation. All photographs of the Museum building and their associated copyrights are the property of the GMBF. All reproduced photographs must be credited with © FMGB Guggenheim Bilbao Museoa, followed by the place and year of reproduction.

The use of images of artworks is subject to the applicable law and, in particular, to the Revised Intellectual Property Act. The users of these images are responsible for obtaining the necessary permits and/or licenses and for paying any royalties or copyright fees to the legitimate owners or their representatives. All reproductions of images of works of art must be properly credited.

The photographs must be reproduced entirely. Superimposing images, letters, text and the like is prohibited. Any partial reproduction requires the written consent of the GMBF and/or of the copyright holder of the work of art.

FThe GMBF shall not be held responsible for losses or damages arising from the unlawful use of reproductions of works of art by unauthorized third parties or for the infringement of any other legal provision by such third parties.

2.4 Hyperlinks and Linked Websites

2.4.1 Hyperlinks

In order to include a hyperlink or a technical linking device (e.g. a link or a button) to Guggenheim-bilbao from their website (the ‘Hyperlink’), the User or any other natural or legal person must obtain, upon request, written authorization from GMBF.

The establishment of the Hyperlink does not imply, under any circumstance, the existence of relations between the GMBF and the owner of the website or page on which the Hyperlink is established, or the acceptance or approval by the GMBF of its contents or services.

In any case, the GMBF reserves the right to prohibit or disable at any time any hyperlink to the Guggenheim-bilbao website, particularly in the event of illegal actions or lack of suitability of the activity or the contents in the website on which the hyperlink is included.

2.4.2 Linked Sites

Guggenheim-bilbao makes available to the User, solely for the search of, and access to, information, contents and services available on the Internet or through linking technical devices (for instance, links or buttons), allowing the User to access websites or Internet portals belonging to or managed by third parties (the “Linked Sites”).

The GMBF does not offer or market, either directly or through third parties, the information, contents and services available in the Linked Websites, nor does it endorse, supervise or control in any way the contents, services or any material of any nature existing therein. The User is solely responsible for browsing the Linked Sites.

Except where expressly stipulated in the present General Terms of Use or in the Particular Conditions, GMBF shall assume no liability for damages of any kind that may be due to lack of accuracy, completeness, timeliness, or to errors or omissions in any of the Contents or Services accessed through the Guggenheim-bilbao website. The GMBF is likewise under no obligation or commitment to verify or monitor its contents and information.

The GMBF does not guarantee the availability, continuous operation and error-free service of the Guggenheim-Bilbao.eus website, and accordingly excludes, to the maximum extent permitted by applicable law, any liability for damages of any kind that may be due to lack of availability or continuous operation of Guggenheim-bilbao and the Services enabled on the website, as well as the errors in access to different websites or those from which said Services are provided.

The GMBF is exempt from any liability for damages of all kinds that may arise from the services provided by third parties through this website and for the media enabled thereby to manage applications for service and, including but not limited to: (i) any act of unfair competition and unlawful advertising resulting from services provided by third parties through the Guggenheim-bilbao website; (ii) unavailability of the payment gateways provided by financial institutions or payment gateway errors; (iii) malware or viruses as a result of third-party attacks; or (iv) any lack of veracity, accuracy, completeness and/or timeliness of the content transmitted, distributed, stored, received, obtained, or made available through the services provided by third parties through the Guggenheim-bilbao website.

To shop at the Guggenheim Museum Bilbao Store/Bookstore (the “Online Store”), you (the User) may first register and create a User Account or shop as guest

The User that has already created a User Account will be able to view the listing of their orders from “My Account”.

Likewise, in order to use the Online Store, the User will have to bear the following in mind:

You can access detailed information about the online shopping process, the payment methods and the shipping and delivery process through these links.

All the information about the cancellation and return policy is available on this link.

By fulfilling and sending the purchase order, the User accepts all the General and Particular Conditions fully.

For further details, you can access the General information and FAQs.

Community is a space to make contacts and enjoy the Museum in a different way. Community members contribute to GMBF and get benefits in return, according to various categories:

Museum Members
At Guggenheim-Bilbao, GMBF gives Users the chance to become Museum Members through various channels. Membership fees, in the form of a donation, can be paid through your bank account (entering a bank account number) or by credit card.

The financial information will be stored by GMBF for annual membership renewal. The User can access, change or cancel said information at any given time, in accordance with the GMBF Privacy Policy.

To learn about the benefits of the membership program, click here.

There is a special section for Museum Members in Guggenheim-bilbao with exclusive contents and services.

Followers
At Guggenheim-bilbao, Users can also become Museum Followers, filling in a registration form that gives access to special contents and benefits. To learn about the benefits of the Followers’ program, click here. There is a special section for Followers in Guggenheim-bilbao.

GMBF offers an online ticketing platform (Online Tickets) on its website, managed by TIQUETEO SPAIN, S.L., a company headquartered at C/Álava, 140–146, 5º 3ª, 08108 Barcelona, Spain, VAT Nr. B66045345, registered in the Barcelona Business Registry, page B-437914, volume 43772, sheet 2.

Through this ticketing platform, users may purchase online admission tickets to visit the Museum, as well as tickets for guided tours, activities, events, etc.

Once the User purchases their ticket, an email will be sent to the address provided. The User may:

(i) print their tickets, making sure the codes identifying each individual ticket are legible;
(ii) download their tickets in PDF format on their mobile devices; or
(iii) download their tickets in Passbook.

Tickets in any of the above-mentioned formats are as valid as the tickets bought at the Guggenheim Museum Bilbao Admissions Desk. By showing them, Users will get access to the Museum or the relevant activities or events. Each ticket can be used only once.

Visitors buying online tickets with age concessions or other discounts available at the time of purchase may be required to show proof of the reason for concession.

If, for reasons attributable to GMBF, a User is unable to use their online tickets, GMBF shall proceed to offer a refund for the ticket price or issue a new ticket as chosen by the User who shall in return waive all other claims. Online tickets are not subject to the right of withdrawal (RDL 1/2007, Arts. 103.l and 97.1.1) and thus cannot be returned.

Online ticket scalping is expressly prohibited. Likewise, installing information or content in terminals or servers connected directly or indirectly to the Internet or to local networks and giving access to third parties from channels other than the GMBF website is forbidden. Accordingly, GMBF reserves the right to block access to the service for Users who have used it inadequately or who might have committed fraud when using it.

In accordance with the agreement signed by GMBF and TIQUETEO SPAIN, S.L., all the personal data entered when buying online tickets shall be collected in an automated database belonging to GMBF. Access to said personal data by TIQUETEO SPAIN, S.L. shall be considered as processing by GMBF, the controller, and TIQUETEO SPAIN S.L. guarantees that they will implement all the relevant measures in compliance with Arts. 28 and ff. of Organic Law 3/2018 and Regulation (EU) 2016/679. In particular, as processor, TIQUETEO guarantees that all the personal information will be treated confidentially and used solely for the purposes of the services provisioned, renouncing data processing and uses other than those commissioned. After the end of the provision of services relating to processing, all personal data shall be deleted and the associated databases or copies generated as a consequence of the provision of services shall not be kept, totally or partially, after the service. TIQUETEO SPAIN S.L. will maintain all the necessary technical and organizational measures to ensure processing complies with all regulations in force; guarantees the protection of the subject’s rights; and states that they have implemented in their organization all the relevant security measures.

Some of the Contents and Services on the Guggenheim-Bilbao website require Users to provide GMBF certain personal data (“Personal Data”). Personal information shall be processed automatically for the purposes and under the terms in the GMBF Privacy Policy. The User must read and agree to said Privacy Policy upon entering personal information.

The services provided by Guggenheim-Bilbao are, in principle, indefinite. Nevertheless, the GMBF is authorized to terminate or suspend the Service or any part of the Service at any time without prior notice, subject to any contractual obligations with Users. The termination of the Service or part of the Service offered on the Guggenheim-bilbao website does not require prior notice by the GMBF, subject to any contractual obligations with Users, whenever it is reasonably possible.

The User may not assign the Contractual Relationship, totally or partially, or the rights or obligations arising therefrom without prior written authorization from the GMBF.

GMBF may assign the Contractual Relationship, totally or partially, and the rights or obligations arising therefrom to any third party of its choice without prior written authorization from or communication to the User.

All communication between the parties shall be made in writing by post, fax or e-mail. Communication to the GMBF shall be sent to the addresses indicated in these General Terms of Use and communications to the User shall be sent to the contact details provided. Postal communications must include acknowledgement of receipt, and telegram, fax or e-mail communications must be duly delivered and received. All communications sent to the addresses provided by the Users will be considered to be correctly sent, unless the User has previously notified the GMBF of an address change at least 15 calendar days in advance.

Users are aware that the GMBF can change the present General Terms of Use and Contractual Relationship at any time without being required to notify Users of such changes. Users should periodically read the General Terms of Use to know which version is applicable at any given time.

The present General Terms of Use are the express manifestation of the intent of the parties regarding their aim and invalidate any verbal or written legal agreements previously reached by the User.

If any clause contained in the present General Terms of Use is declared null, the remaining clauses shall remain fully valid and effective, and will be interpreted and applied in such a way as to be as close as possible to the original meaning and intention of the ineffective clause.

The failure of either of the parties to require performance of any provision in the present General Terms of Use shall not affect the right to require such performance of the same or any other provision in the future. A delay or omission by the parties in exercising any of their rights according to the General Terms of Use does not constitute a renunciation of these rights.

The present General Terms of Use and the Contractual Relationship shall be governed by Spanish law.

Except in the case of consumers and users, who shall be governed by the applicable law, the Users and GMBF expressly waive their right to any other jurisdiction, and submit to the judges and courts of the city of Bilbao, Spain, for any dispute regarding the validity, effectiveness, compliance, interpretation, execution of the General Terms of Use and the Contractual Relationship, or any other related matter.