Terms and Conditions
TERMS AND CONDITIONS OF WEBSITE USE
MARCH 4, 2013

This page (together with the documents referred to on it) tells you the terms of use on which you may make use
of this website and any and all other online or digital platforms (including without limitation mobile and other
applications, such as Facebook apps) which are maintained by Bacardi Global Brands Limited (our “Website”, “Site”). Please read these terms of use carefully before you start to use our Site.

This Site is maintained by Bacardi Global Brands Limited (“we” or “us”) for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the
sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them.

Please exit our Site immediately if you do not accept these terms of use, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted.

  1. INFORMATION ABOUT US

    Bacardi Global Brands Limited is registered in England & Wales under company number 3651489. Our registered office and main trading address is at 28 Dorset Square, London, NW1 6QG, United Kingdom. Our VAT number is GB 222 2530 16.

  2. SOCIAL RESPONSIBILITY

    We are extremely proud of our high quality brands, products and marketing. That pride goes hand in hand with a deep sense of responsibility and respect for the global communities that we serve and the individual consumers who enjoy our products. As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS — the Distilled Spirits Council for the United States and spiritsEUROPE — the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.

  3. ACCESSING OUR SITE

    Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.

    You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them.

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of a registration scheme or a security procedure, you must treat such information as confidential, and you must not disclose it to any third party. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these terms of use. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. From time to time, we may restrict access to some parts of our Site, or our entire site, to users who have registered with us.

  4. INTELLECTUAL PROPERTY RIGHTS

    All intellectual property rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.

    We reserve the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. Provided that you are located in a country or other territory where the sale, advertising and consumption of alcoholic beverages is permitted AND you have an age at which it is legal to purchase and consume alcoholic beverages (“Legal Drinking Age”) in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.

    The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials published on our Site must always be acknowledged.

    You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.

    If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

  5. ACCEPTABLE USE

    You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:

    • In any way that breaches any applicable local, national or international law or regulation
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • For the purpose of harming or attempting to harm minors in any way.
    • To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
  6. INTERACTIVE SERVICES

    We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive clubfinder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).

    We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

  7. UPLOADING MATERIAL TO OUR SITE

    Any material you upload to, or post on, our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the perpetual right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.

    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

    We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.

  8. CONTENT STANDARDS

    Any and all material which you contribute to our Site must comply with the following content standards. The standards apply to each part of any material you contribute as well as to its whole.

    Your contributions must:

    • Be accurate (where they state facts).
    • Be genuinely held (where they state opinions).
    • Comply with applicable law in the UK and other EU countries, in the USA and in any other country from which they are posted.

    Your contributions must not:

    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Contain sexually explicit material.
    • Harm, or attempt to harm, minors in any way.
    • Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
    • Be targeted at an audience below the Legal Drinking Age.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe or violate any copyright, database right, trade mark, service mark, right of publicity or privacy, or other proprietary right of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal or immoral activity.
    • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
    • Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from us, if this is not the case.
    • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

    This list only serves to provide examples and is not meant to be an exhaustive list of the types of unacceptable uses that may result in the restriction, suspension or termination of your use of our Site.

  9. RELIANCE ON INFORMATION POSTED

    Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

  10. OUR SITE CHANGES REGULARLY

    We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

  11. OUR LIABILITY

    The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of the Bacardi Group of Companies and our affiliates (the “Bacardi Group”) hereby expressly exclude and disclaim:

    • all conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
    • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    Because some jurisdictions do not allow the exclusion or limitation of liability or damages, the Bacardi Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.

  12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS

    Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

    The Bacardi Group may organise events in your country. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to our Digital Director at webmaster@bacardi.com.

  13. MALICIOUS CODE, HACKING AND OTHER OFFENCES

    You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

    We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

  14. LINKING TO OUR SITE

    You must not establish a link from any website to any page on our Site or frame our Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.

    If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director at webmaster@bacardi.com.

  15. LINKS FROM OUR SITE

    Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  16. INDEMNITY

    You will indemnify the Bacardi Group against any loss, damage or cost incurred by us arising out of your use of our Site, any of its services or any information accessible over or through our Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of these terms of use or any other laws, regulations and rules. You will also indemnify the Bacardi Group against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defences.

  17. ENTIRE AGREEMENT

    These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site. To the extent that software or other downloadable technology is expressly made available to you through the Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such licence agreements. If any provision of these terms of use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.

  18. JURISDICTION AND APPLICABLE LAW

    If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.

    If you are located anywhere except the U.S., then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (ii) these Terms and Conditions are governed by English law.

  19. VARIATIONS

    We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of these terms will apply. Accordingly, when you use the Site, you should check the date of these terms (which appears at the top right hand corner) and review any changes since the last version. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

  20. YOUR CONCERNS

    If you have any concerns about material which appears on our Site, please contact in writing for the attention of our Digital Director at webmaster@bacardi.com.

CASA BACARDI BOOKING TERMS AND CONDITIONS

Welcome to www.VisitCasaBacardi.com, the official website of the Casa Bacardi Visitor Center (the “Site”). BACARDI CORPORATION, a corporation organized under the laws of the State of Delaware and authorized to do business in the Commonwealth of Puerto Rico (together with its affiliates, partners and subsidiaries, “Bacardi Corporation”, through its hospitality division and group “Bacardi Hospitality”, and together with Bacardi Corporation, hereinafter collectively referred to as “BACARDI”) provides the Site and the related services to you subject to the following terms and conditions (the “Terms”). This Site is maintained by BACARDI for the personal use of persons who are lawfully permitted to purchase and consume alcoholic beverages in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. Please read the Terms carefully before visiting or using the Site. By using or visiting the Site, you expressly accept the Terms and that you agree to abide and be bound by the Terms and all applicable laws and regulations governing the Site. If you do not agree to the Terms, do not visit or use the Site. Also, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located or if you are located in a country or other territory where use of the Site is not permitted, do not visit or use the Site.

BACARDI reserves the right to change the Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate any of the Terms, BACARDI may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

ACCESSING THE SITE

Access to the Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. BACARDI reserves the right to withdraw, amend, suspend or terminate indefinitely the services provided on the Site without notice. BACARDI will not be liable if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of the Terms, and that they comply with them.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of a registration scheme or a security procedure, you must treat such information as confidential, and you must not disclose it to any third party. BACARDI will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. BACARDI has the right to disable any user identification code or password, whether chosen by you or allocated by BACARDI, at any time, if in the sole discretion of BACARDI, you have failed to comply with any of the provisions of the Terms. From time to time, we may restrict access to some or all parts of the Site.

ACCEPTABLE USE

You may use the Site only for lawful purposes. BACARDI reserves the right, in its sole discretion, to terminate your use of the Site.

You may not use the Site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. In any way that restricts or inhibits the use or enjoyment of this Site by any other user.
  5. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
  7. For any commercial purpose.
  8. In any way make any speculative, false or fraudulent purchase of Tickets.
CONDITIONS OF USE

We reserve the right to, at our sole discretion, deny access to the Site and the services offered herein to any person, at any time and for any reason. Your use of the Site is conditioned on your representing and warranting of the following:

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. You are of legal age for consuming alcoholic beverages in the country or other territory in which you are located.

You shall comply with all Terms set forth herein or elsewhere made applicable.

You have the legal authority to submit any and all information that you submit to the Site and all information you submit shall be true, correct and complete.

PURCHASE POLICY

The following terms set out the basis on which you can purchase the tickets (the “Ticket” or “Tickets”) for your visit to the Bacardi Facilities and tours offer by BACARDI in the Bacardi Facilities. BACARDI reserves the right at all times and at its sole discretion to refuse admission to the Bacardi Facilities to any person. By purchasing Tickets for any tour within the Bacardi Facilities (the “Tour”), you acknowledge that you have read and agree to be bound by and subject to the Terms and have read and agree to the use of the information you provide us with.

Our goal is to make your purchasing experience easy and efficient. Our purchase policy has been designed to ensure your satisfaction and understanding of the Ticket purchase process. If you have any questions about our purchase policy, please contact us at Info@VisitCasaBacardi.com.

Ticket Information. Tickets are only for the date and time issued.

Currency. All prices are listed in United States dollars. BACARDI reserves the right to increase or decrease the price for any Tickets at any time. Once your booking is confirmed the price of your booking as stated in the confirmation receipt will not be altered.

Non-Refundable. All Ticket sales are final, non-changeable and non-refundable.

Tickets are date-specific and can only be redeemed on a specific date. The date and time you select for the tour will be identified on the Ticket and you can only redeem the Ticket on the specified date and time. The Ticket may not be used for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem the Ticket on the date and time specified on the Ticket. No refunds, transaction cancellations or exchanges will be issued at any time by BACARDI. Lost, stolen, or destroyed tickets are not replaceable.

Reseller. If you purchased a ticket from an authorized reseller, you will need to contact the authorized reseller to obtain a refund or exchange, which will be subject to the refund policy of such reseller.

Methods of Payment; Credit and Debit Card Authorization. To purchase your Tickets you can use credit and debit cards. When BACARDI receives an order from a buyer, BACARDI obtains an authorization from the buyer’s card equal to the price to be paid for the Ticket and any applicable fees and taxes. Purchases by credit or debit card do not grant you any variances from the Terms. You are still responsible for complying with the Terms. Virtual Money Cards are not accepted.

BACARDI will use all reasonable endeavors to ensure that the areas of the Bacardi Facilities used for the tours and all of its exhibits/displays are open for the visitors in connection with the particular tour during normal opening hours. However, BACARDI reserves the right, in its absolute discretion, whether for safety reasons or otherwise
and with or without prior notice to close the Bacardi Facilities used for the tours or any part thereof. BACARDI shall have no liability whatsoever, including no liability for travel expenses or any other out of pocket expenses incurred by any person in the event BACARDI closes the Bacardi Facilities, the tour areas or any part thereof.

From time to time BACARDI or other authorized third parties may carry out photography or other recording at the Bacardi Facilities and tour areas and any images or recordings may feature visitors. Visitors consent to the use of such images by BACARDI and/or any other authorized third party in connection with advertising, promotions or monitoring and acknowledge that the copyright in such images rests with BACARDI and/or any authorized third party.

Only food and beverage purchased from the Bacardi Facilities may be consumed within the Bacardi Facilities.

Visitors under the age of 18 must be accompanied by an adult aged 18 or above while visiting the Bacardi Facilities.

BACARDI reserves the right, in its absolute discretion, to refuse entry on to or remove from its premises or the vicinity any person who:

in the opinion of BACARDI is likely to affect the safety or enjoyment of other visitors;

is behaving in a manner, which, in the opinion of BACARDI has, or is likely to affect the safety or enjoyment of other visitors, cause annoyance to other visitors, behaving in such a way as to cause danger or distress to others or damage the property; and

has used threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may provoke a breach of the peace.

Any person who causes or is responsible for damaging any personal or real property or injuring any person, shall be responsible for such damages and/or injuries and shall be responsible for the payment of all costs and expenses to remedy such damages and/or injuries.

All persons entering the Bacardi Facilities must pay for admission. Tickets must be retained at all times and submitted for inspection if required by any employee or agent of BACARDI. Any person attempting to gain admission without a valid Ticket will be asked to leave, shall immediately leave and shall not enter the Bacardi Facilities.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e- mail or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

VIOLATION OF THE TERMS

You understand and agree that in BACARDI’S sole discretion, and without prior notice, BACARDI may terminate your access to the Site, cancel your Ticket or vendor order, cancel purchased Tickets or vouchers without refund or exercise any other remedy available, if BACARDI believes that you have in any manner violated the Terms or the law. You agree that monetary damages may not provide a sufficient remedy to BACARDI for violations of the Terms and you consent to injunctive or other equitable relief for such violations. BACARDI may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity. BACARDI is not required to provide any refund to you if your access to the Site is terminated, or if your Tickets, vouchers, or orders are terminated or cancelled or otherwise not honored because you have violated the Terms.

TRADEMARKS

All intellectual property and database rights, in the Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by BACARID, and/or its subsidiaries, affiliates companies and/or any of its partners (the “Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on the Site.

We reserve the right to copy protect any of the Materials on the Site. Except as provided in these Terms, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. Provided that you are located in a country or other territory where the sale, advertising and consumption of alcoholic beverages is permitted AND you have an age at which it is legal to purchase and consume alcoholic beverages (“Legal Drinking Age”) in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from the Site for your lawful, personal, non- commercial use. Unless otherwise specifically authorized by BACARDI you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of the Site or the Materials in the Site is prohibited and may breach intellectual property laws and other laws worldwide.

The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials published in the Site must always be acknowledged.

You must not use any part of the Materials in the Site for commercial purposes without obtaining a license to do so from us and/or, where applicable, from the relevant Owner.

If you print, copy or download any part of the Site or any of the Materials in breach of the Terms, BACARDI may, at its sole discretion, immediately terminate your use of the Site and you must, at BACARDI’S sole discretion, return or destroy any copies of the Materials you have made or printed.

INTERACTIVE SERVICES

BACARDI may from time to time provide interactive services in the Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).

BACARDI will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide in the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

UPLOADING MATERIAL TO OUR SITE

You may not upload any material to the Site.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted in the Site are not intended to amount to advice on which reliance should be placed. BACARDI disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

BACARDI aims to update the Site regularly, and may change the content at any time. Any of the materials on the Site may be out of date at any given time, and BACARDI is under no obligation to update such material.

OUR LIABILITY

The material displayed on the Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, BACARDI and all other members of BACARDI hereby expressly exclude and disclaim:

All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Because some jurisdictions do not allow the exclusion or limitation of liability or damages, BACARDI’S liability in such jurisdictions shall be limited to the fullest extent permitted by law.

INFORMATION ABOUT YOU AND YOUR VISISTS TO OUR SITE

Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

BACARDI may organize events in your country. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by BACARDI for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to us at tourinfo@bacardi.com.

MALICIOUS CODE, HACKING AND OTHER OFFENSES

You must not misuse the Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any such activity by you to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on the Site or on any website linked to the Site.

LINKING TO OUR SITE

You may direct others to the Site for its use subject to the Terms hereof. You may direct others to the Site by sharing links to this Site via social media outlets, email, blogs or electronic communication. When directing others to the Site you shall comply at all times with Terms. Unless otherwise authorized in writing by BACARDI, you may not suggest any form of association, approval or endorsement of any website on behalf of BACARDI.

If you wish to make any use of Material on the Site other than that set out above, please address your request to us at “mailto:Info@VisitCasaBacardi.com”>Info@VisitCasaBacardi.com.

LINKS AND SEARCH RESULTS

The Site may contain references or links, or produce search results that reference or link to third party websites. BACARDI has no control over these websites or their contents. BACARDI does not guarantee, represent, or warrant that the content contained in any third party website is accurate, legal or inoffensive. BACARDI does not endorse the content or messages of any third party website, nor does BACARDI warrant that such websites will not contain viruses or otherwise affect your computer. By using the Site to search for or to link for another website, you agree and understand that you may not make any claim against BACARDI for any damages or losses, whatsoever, resulting from your use of the Site.

NO COMMERCIAL USE

Except as expressly agreed to in writing by BACARDI, no area of the Site may be used by our visitors for any commercial purposes such as to purchase Tickets, vouchers, merchandise, products, or services of any kind for resale. You must obtain our prior written consent to make commercial purchases of any kind. Without limiting the foregoing, you may not resell or link to other websites for the purpose of selling Tickets or vouchers of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a Ticket or voucher order or cancel or revoke without refund any previously purchased Ticket or voucher of any user known or reasonably believed to be associated with any ticket broker or scalper, or utilizing automated means to process or place ticket orders, or whose ticket order exceeds the stated limit.

INDEMNITY

You agree to indemnify and hold BACARDI and its officers, agents, contractors, partners and employees, harmless from any loss, liability, claim or demand, or other costs or expsnes of any kind or nature, including, but not limited to, reasonable attorneys’ fees, made or brought by third parties as a result or in any manner arises out of or relates to (i) your use of the Site, (ii) your visit to any real property owned or operated by BACARDI located in the Commonwealth of Puerto Rico or elsewhere (the “Bacardi Facilities”), (iii) your violation of any law or the rights of a third party and/or (iv) your breach of the Terms or the documents referenced herein. You will indemnify BACARDI against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked websites, our submission or transmission of information or material on or through the Site or your violation of the Terms or any other laws, regulations and rules. You will also indemnify BACARDI against any claims that information or material which you have submitted to us is in violation of the Terms, any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact us in writing at Info@VisitCasaBacardi.com.

VARIATIONS

We may revise the Terms at any time by amending this page. Each time you use the Site, the current version of the Terms will apply. Accordingly, when you use the Site, you should check the date of the Terms and review any changes since the last version. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on our Site.

OTHER AGREEMENTS

To the extent that software or other downloadable technology is expressly made available to you through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements.

MISCELLANEOUS

The Terms constitutes the entire agreement and sets forth the entire understanding between you and BACARDI, with respect to the subject matter hereof, and supersedes all other agreements, arrangements, discussions and negotiations, whether written or oral with respect to the subject matter hereof. The waiver or failure of BACARDI to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right. In the event any provision of the Terms are held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the validity and enforceability of the enforceable portion of any such provision and/or the remaining
provisions of the Terms shall not be affected thereby. The section titles in the Terms are for convenience only and have no legal or contractual effect. BACARDI is not liable for delays in performance caused by circumstances beyond its reasonable control.

GOVERNING LAW

The Terms will be interpreted according to the laws of the Commonwealth of Puerto Rico, without regard to their rules about legal conflicts. Any cause of action of any nature that arises from the Terms will be initiated in the Commonwealth of Puerto Rico.

BACARDI MUSEUM SITGES TERMS & CONDITIONS.

These General Booking Terms and Conditions of Contract (“T&C” or “Booking Terms and Conditions”) govern the distance selling of tickets for the Experiences as below identified, performed by Bacardi España, S.A., as well as the contract for the supply of services, necessary and ancillary to the sale of such tickets.

Tours, experiences and events (“Experiences”) at Casa BACARDÍ located at Plaça de l’Ajuntament, 11, 08870 Sitges, Barcelona, Spain (“Casa BACARDÍ”) are operated by Bacardi España, S.A. (“we”, “the company”, “Bacardi”) VAT no. A-08005746 with registered office in Calle Velázquez, 51, 2º Derecha – 28001 Madrid (Spain). The company is registered at the Commercial Registry (T.8.605; F.1; S.8ª, H.M.-138.535; I.2ª). In order to contact the company, please write an e-mail to gruposcasabacardi@bacardi.com or contact us at the following phone number 00 34 938 948 151.

The company is subject to the Ethic Code of CONFIANZA ONLINE, that can be found at: https://www.confianzaonline.es/conocenos/#codigoetico.

The following Booking Terms and Conditions, as well as any information contained in the booking form or tickets provided to you, apply to all bookings for Experiences at Casa BACARDI. 

The offer and sale on this website of tickets and services represent a distance sales contract governed by article 92 et seq. of the General Law for the Protection of Consumers and Users (Royal Decree 1/2007) and Act 34/2002, on Information Society Services and Electronic Commerce.

These T&C may be amended at any time. Any changes will be effective from their publication on this website. Users are therefore invited to access this website on a regular basis and, prior to any purchase, to read and accept the latest version of the T&C.

The applicable T&C are those in force on the date on which an order for the purchase of a ticket (or a service) is placed. Before any purchase and during the purchase procedure, the user shall carefully read all the information provided on this website.

Online booking service and website

We will endeavour to ensure that the information displayed on the website is current and accurate. However, we cannot be held liable for any errors.

We reserve the right to change or withdraw the Experiences on the website without any prior notice.

The company reserves the right to refuse or cancel orders placed by (i) a user with whom the company or any of the group companies has an ongoing legal dispute; (ii) a user who has previously violated these T&C and/or any applicable term or condition; (iii) a user who has been involved in any type of fraud and, in particular, in fraud related to credit card payments; (iv) users who have provided false, incomplete or inaccurate identification data and/or in any way untrue or referred to third persons.

Upon booking tickets for an Experience, you warrant that:

  1. you are 18 years old or over;
  2. all details you have provided for yourself or other guests are correct to the best of your knowledge;
  3. the total amount for the booking is able to be paid for in full from the account;
  4. you will abide by these General Booking Terms and Conditions.
Prices and payment

The price of any Experience will be as quoted on the website [https://www3.bacardi.com/casa-bacardi/] https://www3.bacardi.com/casa-bacardi/compra/ All prices shown are indicated in Euro and inclusive of VAT. We reserve the right to change the prices of any Experience at any time and without prior notice. However, once a booking e-mail has been received by you, the price of that Experience will not change, unless events outside our reasonable control (“Force Majeure Event”) appear. Given so, the purchaser is entitled to resolve the contract. In addition to the price of any Experience, depending on the choices made by the user, the following expenses may be added: (i) the cost of a gift box; and/or (ii) any premiums of insurance coverage (“Additional Charges”). The amount of each of the Additional Charges, if applicable, is specifically indicated in the order recap, together with the total amount. In case of purchase, it is also indicated in the order confirmation e-mail.

We accept Visa and MasterCard credit cards, Visa Delta and Maestro debit cards. By booking an Experience, you consent to payment being charged to your credit/debit card.  All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer does not authorize the payment, we will not be liable for any delay or non-delivery. In case of termination of the purchase and in any other case of refunding, for any reason, the amount of the refund will be credited on the same payment instrument used by the customer for the initial transaction; if this is not possible, the refund will be made by wire transfer. In this case the company shall ask the customer the relevant bank details in order to carry out the refund.

Delivery of the tickets

The company will make available to the user the delivery of the tickets via mobile e-ticket (voucher) to be scanned or via a print-at-home mechanism which allows the customer to print immediately the tickets purchased with the aid of a regular printer, black and white or color. The user acknowledges that, in any case, in order to avail himself/herself of the print-at-home delivery method, the user must use a personal computer, where “Adobe Acrobat Reader” shall be installed the last version or higher and where any previous versions of the same program shall be uninstalled. 

No fee shall be charge for the print-at-home delivery mechanism.

Each ticket corresponds to one single barcode. The access control system will authorize the entrance of only one ticket. Any copies and/or fraud arising from an improper use of the same will be prosecuted by law.

Cancellations and changes to bookings

If we cancel your Experience in its entirety, you will be entitled to a full refund for the purchase price of the Experience.

We will use reasonable endeavors to be open and operational during published opening hours, but we reserve the right to close the Experience on any given day or part thereof, whether for security or any other reason, without previous notice.  In the event of total closure, any tickets issued for use only on the day of closure will be exchanged for tickets for any other available date, but no further compensation will be paid.

From time to time, parts of the Experience may be closed (e.g. for maintenance, events or for technical reasons). Tickets will not be refunded and no compensation will be paid in the event of such closures.

If you cancel a booking or do not arrive for a scheduled Experience, tickets cannot be exchanged or refunded unless at the discretion of Barcardi management.

Tickets are non-transferable and non-refundable.

Right of withdrawal

We inform you that, since the purchase contract provides for the supply of services related to leisure activities that Bacardi undertakes to provide for a specific date, the purchase contract, pursuant to Section 103, letter l), of the Spanish Consumer Protection Law (Royal Legislative Decree 1/2007), the right of withdrawal provided for by Section 102 of the Spanish Consumer Protection Law shall not apply to the purchase contract. Therefore, the customer may not exercise this right in relation to purchase of the tickets and/or other services. 

Group bookings

Any group of 10 people or more must be booked in advance by contacting Casa BACARDI at gruposcasabacardi@casabacardi.com.

Conditions of entry to the Experience

All Experiences are subject to availability and may be altered or cancelled at any time. On arrival, you must show your ticket, because proof of payment is required prior to entry to Casa BACARDI.

All visitors may be subject to an age check on arrival at Casa BACARDI, so visitors should bring photo identification (“ID”) to Casa BACARDI.  We operate a Challenge 25 policy.  If our staff believe or suspect any visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID.  In that event, if you cannot produce valid photo ID, you will not be served alcohol. Valid photo ID in this case can be a passport or a driving license. We cannot accept photos of these documents as proof of ID. 

Any guests under 18 must be accompanied by an adult over the age of 18.

Ticket holders for the Casa BACARDI (including disabled guests and groups) must arrive in the entrance hall between the specified arrival times. Latecomers will not be admitted to the Experience except at the absolute discretion of the company.

All visitors of Casa Bacardi acknowledge and accept that their image will be recorded, therefore by means of visiting Casa Bacardi, all visitors expressly accept to transfer their image rights to Bacardi which will be entitle to reproduce visitors image in any format available at any time, including Casa Bacardi website, and be integrated with any other material (photography, illustration, video, etc.) known and to be known. Visitor’s image may be distributed for the purposed before mentioned in any geographic territory and without a time limit.

Visitor’s image will be incorporated into a file managed by Bacardi and processed for the same purposes described above, and you may exercise your rights of access, rectification, cancellation and opposition at any time, in accordance with what is established in the applicable regulations by written request ( Accompanied by a copy of its official identification document in force) to the company (Ref .: Data Protection) in Calle Velázquez, 51 2º Derecha – 28001 Madrid (Spain).

Visitors acknowledge and expressly accept that Bcardi may from time to time make its image available to other companies within the Bacardi Group, and that some of these companies may be located in territories that, like the United States, do not offer in their Laws the same level of privacy protection as applied in the European Union.

The processing of personal data, as well as the exploitation of the image rights regulated in this authorization, will not be in your favor the right to any remuneration by Bacardi.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by any Force Majeure Event. Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.

Applicable law and competent court

These T&C are governed by and construed in accordance with the Laws of Spain. In the case of user qualifying as consumer, for any dispute arising from the application, execution and interpretation of these T&C the competent court is the court of the place where the consumer or user is resident or is domiciled.

Pursuant to Article 14 of European Regulation 524/2013, the company informs the customer that in the event of a dispute, the customer may lodge a complaint via the ODR (Online Dispute Resolution) platform provided by the European Commission via the following link http://ec.europa.eu/consumers/odr/.

Moreover, the company is an entity member of CONFIANZA ONLINE and in case of any disputes raised in connection to the purchase the user is entitled may lodge a complaint via the dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es), which is incardinated in the Juado de la Publicidad de Autocontrol and the Junta Arbitral Nacional de Consumo. However the company invites the customer to contact our customer service department directly at attcliente.es@bacardi.com to resolve any problem directly.

General

The languages used to execute this T&C are: Spanish and English.

If any provision of these T&C is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.

These terms and conditions and any document expressly referred to in them constitute the whole agreement between the purchaser and the company and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these terms and conditions.

Any contract between the parties involved pursuant to these terms and conditions will be binding on their respective successors and assigns.

The purchaser may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of his/her rights or obligations arising under such a contract, without the company´s prior written consent.