GENERAL TERMS AND CONDITIONS FOR USE OF THE ADMINISTRATOR OF RAIL INFRASTRUCTURES (ADIF) WEB PAGE.
The state-owned company Railway Infrastructure Manager (ADIF) creates and updates the website identified with the name or domain www.adif.es, so that the information contained therein may be of public use. Access and navigation on this website presumes knowledge and acceptance without reservation of all legal information and conditions of use of the same. The aim of these general conditions is to regulate access, navigation and the use of this website. However, regardless of these, ADIF may establish specific conditions governing its use. In case of any discrepancy between what is stipulated in the general conditions and any specific conditions, if any, that may be established, the provisions of the latter will prevail.
2. Scope of application
This legal notice regulates the use of the Internet www.adif.esportal service that the state-owned company Railway Infrastructure Manager (ADIF) provides for Internet users. ADIF is constituted as a public body as provided for in article 103.1 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, assigned to the Ministry of Public Works. It has its own legal personality, full capacity to act for the fulfilment of its goals and has its own property. It is governed by Law 38/2015, of 29 September, for the Railway Sector, Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, for the development of regulations in both cases, by its Statutes, approved by Royal Decree 2395/2004 of 30 December and by budgetary legislation and any other applicable regulations. In the absence of these regulations the private legal system will be applied. Likewise, the provisions of Act 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, shall apply to ADIF, when it exercises administrative powers and in relation to the formation of the will of its bodies. ADIF contact information: Address: Calle Sor Ángela de la Cruz, 3. 28020 (Madrid). Tax ID Code: Q-2801660-H E-mail: firstname.lastname@example.org In accordance with the provisions of article 53, regarding the rights of the interested party in the administrative procedure, of Law 39/2015, of 1 October, the Common Administrative Procedure of Public Administrations, any communication, claim or request that it keeps in relation to acts of an administrative nature or that derive from exercising administrative powers of the ADIF business entity should be addressed: a) By hand, or through ordinary/certified mail, directly through the General Registry that ADIF makes available to the public in its central offices located at c/ Sor Ángela de la Cruz, 3-7ª Planta, 28020 - Madrid, during the opening hours detailed below: General Registry Opening Hours:
- Mornings: from 9.00 am to 2.00 pm, Monday-Friday.
- Afternoons: from 4.00 pm to 6.00 pm, Monday-Thursday.
Through ADIF’s Website: https://sede.adif.gob.es The e-mail addresses that are indicated, or appear, on the www.adif.es Internet portal do not constitute a channel for sending the communications, claims or requests referred to above. Consequently, all communications, claims or requests related to administrative processes, or arising from exercising administrative powers, addressed to ADIF through aforementioned electronic addresses must be presented for processing at the General Register or Website in order to ensure that a record be kept of the same and that they be properly processed. c) Through the General Access Point: administración.gob.es with the code DIR EA0003338.
3. Limitation and Disclaimer of Liability
ADIF has made every effort to avoid any errors in the content that may appear on this website. ADIF does not guarantee the accuracy or the updating of the information that can be obtained on the same, which may be modified without previous warning. ADIF does not assume any responsibility arising from the use by third parties of the content of this site. All the information contained on the www.adif.es website is purely informative. The information provided is not necessarily exhaustive, complete, accurate or up-to-date. There is no guarantee that officially adopted tenders and legal texts have been accurately reproduced. Only those texts published on paper in the corresponding official gazettes are deemed to be authentic. The information provided by ADIF is general in character and has not been subject to professional or legal advice. ADIF will make every effort to avoid interruptions on the Website, but cannot guarantee the absence of technological failures, nor the permanent availability of the Website and the services contained therein and consequently, does not assume any responsibility for any damages or prejudice that may be caused as a result of lack of availability and by access failures caused by disconnections, breakdowns, surcharges or interruptions to the Internet not attributable to ADIF. ADIF does not guarantee the absence of viruses or any other elements that may affect your computer system. ADIF excludes any liability for damages of any nature derived from said harmful virus or elements.
4. Service subscription
In general, access to website services does not require prior user subscription, or registration. Notwithstanding the foregoing, access to some services that are on offer through the website may require the prior completion of the subscription form. To this end, the user guarantees the authenticity and truthfulness of all the details provided on completing the subscription form(s). The user undertakes and takes responsibility for keeping the information provided accurate and up-to-date. If the user is given a password as a result of the registration procedure, he or she undertakes to keep it secret and to use it diligently to access these services. Therefore, users are responsible for the proper keeping and confidentiality of any identifiers and/or passwords they are given by ADIF, and undertake not to assign the use of same to third parties, either temporarily or permanently, and not to permit access to others. The user shall be liable for the unlawful use of the services by any illegitimate third party that uses a password to this end because of the lack of diligence in its use, or caused by its loss.
5. Personal Data Protection
Basic information on data protection. Users must provide some personal details in order to access some of the services offered through the www.adif.es website. In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 (GDPR), we inform that the personal data provided will be processed by ADIF in order to enable access to services offered through the www.adif.es website. The basis that legitimates the processing of personal data is the public interest or the exercise of public powers. No data will be transferred to third parties, except legal obligation. ADIF, as the party responsible for the processing of this personal data, shall adopt all the technical and organisational means required to ensure its safety, avoiding any altering, loss and unauthorised processing of, or access to it. ADIF shall process these data in accordance with the conditions specified in this section and pursuant to that which is set forth in the specific conditions of the service in question. Likewise, users may exercise their rights to access, rectify, remove, oppose to and limit vis-à-vis ADIF in the legally-established manner, directing their request to the address: email@example.com or by post at Calle Sor Ángela de la Cruz, 3-7ª Planta, 28020 - Madrid accompanying a photocopy of their ID or passport.
6. Intellectual and Industrial Property Rights
All content on the www.adif.es website, including, without limitation, databases, images and photographs, patents, drawings, graphics, text files, audio, video and software are the property of ADIF or the suppliers of content, in the latter case, who have been licensed or assigned by them, and are protected by national and international intellectual and industrial property regulations. The compilation, understood to be the collection, design, presentation and assembly of all the content of the www.adif.eswebsite is the exclusive property of ADIF and is protected by national and international regulations for industrial and intellectual property. All the software used in the screens, navigation, use and development of the www.adif.es website is owned by ADIF or its software providers and is protected by national and international intellectual and industrial property laws. All brands, signs, distinctive signs or logos of ADIF that appear on the www.adif.es website are owned by ADIF and are duly registered. All texts, data, graphic drawings, videos and audio media appearing on the www.adif.es website are property of ADIF or of the companies providing information, and may not be subject to further modification, copying, alteration, transformation, reproduction, adaptation or translation by the User or third parties without the express authorisation of the owners of said content. The availability to Users for their use of databases, drawings, graphics, images and photographs, text, audio, video and software files owned by ADIF or its suppliers, which are available on the www.adif.es website does not imply, under any circumstances, the transfer of ownership or the granting of exploitation rights in favour of the User, other than the right of use that implies legitimate use and in accordance with the nature of the website. Any use of the contents of the www.adif.es website, of the services, and in general, of all the rights mentioned above, that is made without the authorisation of ADIF is strictly prohibited, as is the use, reproduction, dissemination, distribution, transmission by any medium, later publication, exhibition, public communication and total, or partial, reproduction of same. Any such infringement of ADIF's rights of intellectual property shall be penalised accordingly by the prevailing legislation.
7. Links or hypertext links with the www.adif.es website
The users or owners of other websites that intend to create a hypertext link, hereinafter links, to the www.adif.es website must ensure and commit to the conditions on links in the Network established by ADIF which are as follows:
- There will be no links to pages or sub-pages where the ADIF logo does not appear.
- Links will not be established to allow the total or partial reproduction of the content which comprises the www.adif.es website.
- No untruthful, inaccurate or incorrect manifestations will appear that may lead to error or confusion or, in general, which are contrary to law, morality or good manners.
- No links will be established to pages containing content, manifestations or propaganda of a racist, xenophobic, pornographic nature of that justifies terrorism or undermines human rights or is of a gender discriminatory nature and which in any way may harm the image of ADIF.
In any case, the inclusion of links to the www.adif.es website by other websites does not imply that ADIF maintains links or association of any kind with the holder of the website on which the link is established nor that ADIF promotes, endorses, guarantees or recommends the content of said internet portals or websites. However, the www.adif.es website may contain links to other portals or websites not managed by ADIF, exempting ADIF from any responsibility for the information contained on such internet portals or websites that may can be accessed via links or search engines on the ADIF website. The presence of hypertexts or links on the www.adif.es website is for information purposes only, and therefore, expressly or implicitly, ADIF is not responsible for and does not guarantee the following in any form:
- Marketability, suitability, quality, quantity, characteristics, provenance or origin, commercialisation or any other aspect of the information, products or services that are offered and marketed via other websites.
- Any direct or indirect damages of any nature other type that may result from the information, products or services that are offered, marketed, acquired, sold or rendered via other websites.
- The prices offered or agreed by users with companies offering their services or any transactions or operations undertaken with them, the successful completion of the same, the terms and conditions of use agreed, the modification, compliance and execution, invoicing, form and means of payment, any information exchanged, the content and use of information of a personal nature or otherwise that the said entities require the user to provide in order to undertake operations, advertising that users may use, or the use that users may make of the distinctive signs of a third party or of their own.
8. Access restrictions
ADIF reserves the right to deny any user access to the www.adif.es website or any part of it at any time and without prior notice.
9. Applicable law and competent jurisdiction
The use of the elements of the www.adif.es website implies the acceptance of all legal warnings contained herein and, in particular, that conflicts relating to this website will be governed exclusively by Spanish Law, under the sole jurisdiction of Spanish Courts and Tribunals.
10.Modification of the present conditions and warnings
ADIF reserves the right to modify any conditions and warnings applicable to the www.adif.es website.
11. Suspension of access to the website and the services included therein
ADIF will endeavour to maintain the continued availability of the website. However, any type of test, control and maintenance operation shall be freely chosen and undertaken by ADIF at any time, regardless of the procedures and means used to for its completion. ADIF reserves the right to modify the transmission and monitoring capacities, along with the other technical media or services, employed to access or use the www.adif.es website. ADIF may suspend services, either temporarily or definitively, without this giving rise to any form of compensation for the user, in any of the following circumstances:
- When it is necessary to undertake maintenance work.
- When it is necessary to preserve the integrity or security of ADIF equipment or networks or the networks of third parties.
- When justified for operational reasons or by third parties that affect the provision of ADIF services.
- When there is force majeure, which is understood to be any unforeseen event that is impossible to foresee or where foreseeable, inevitable, errors in the access to the www.adif.es website, power cuts or faults in the telephone network, damages caused by third parties or attacks on the website server that affect the quality of the services and are not attributable to ADIF or the user, failures in transmission, dissemination, storage or availability to third parties of the databases and other website content and problems or errors in receiving, obtaining or accessing the website or the services by those third parties.
ADIF may terminate the use of the website, without prior notice to the user, in the following cases:
- If it becomes aware of the user undertaking any illegal activity through its services
- When the user has breached one or more of their essential obligations
- Especially in the case of misuse of the access code and violation of the website's intellectual property rights, all without prejudice to ADIF exercising as many legal actions as pertinent in defence of its interests