"Flavours & Pampering" Getaway

Terms of Purchase IBERIK HOTELES GIFT VOUCHER - GENERAL TERMS AND WARRANTY 0. INTRODUCTION This contractual document shall govern the General Terms of Sale of the IBERIK HOTELES GIFT VOUCHERS through the website iberikhoteles.com, owned by INVERSIONES CIMA DE VILA, S.L under the commercial brand IBERIK HOTELES, whose contact details also appear in the Legal Notice of this Website. These Terms shall remain published on the website, available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by Iberik Hoteles. It is the USER's responsibility to read them periodically, since those in force at the time orders are placed shall apply. Contracts shall not be subject to any formality except in the cases expressly set out in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document entails that the USER: Has read, understands and comprehends what is set out herein. Is a person with sufficient capacity to enter into a contract. Assumes all obligations set out herein The collection and processing of personal data is carried out in order to be able to fulfil the orders. Information relating to the processing of this personal data can be found in full in the Privacy Policy, available here. 1. PURPOSE The purpose of these general terms and warranty is to define the conditions and arrangements under which IBERIK HOTELES offers the marketing of IBERIK HOTELES GIFT VOUCHERS (hereinafter the Voucher). Consequently, the purchase of a voucher directly implies acceptance without any reservation whatsoever and with full and complete adherence to these general terms and warranty, which shall prevail over any other document. The Buyer expressly declares to be aware of these general terms and warranties prior to placing their order. These general terms of sale are fully in force as of 1 May 2022. Iberik Hoteles reserves the right to modify the terms and warranties at any time, publishing another version on its website www.iberikhotels.com . In the event of a modification of the terms, those in force on the date of purchase of the voucher shall apply. The vouchers that you may purchase through the website www.iberikhotels.com refer to one of the establishments that form part of the Iberik Hoteles chain, whose details are as follows: IBERIK GRAN BALNEARIO DE GUITIRIZ, whose company is Madrid Airport Hoteles SL CIF: B16825663 and registered office at C/ Alfonso Gómez, 17 28037 Madrid, telephone 982 920090 IBERIK HOTEL BALNEARIO AGUAS SANTAS & GOLF, whose company is Hotel Balneario Aguas Santas SL, CIF B27290717 and registered office at the place of Os Baños sn, Pantón, Lugo. Telephone 982292800 IBERIK HOTEL BALNEARIO ROCALLAURA (Vilanova de les Monges, Lleida), whose company is Nemeton Fulfillmet SL, CIF B88217872 and address at B88217872. Telephone 973363302 IBERIK HOTEL SANTO DOMINGO PLAZA (Oviedo), whose company is Inversiones Nemeton Supplies SL, CIF B88217922 address at Bulevard de la Ronda Sur s/n 33008 OVIEDO Telephone 985207880 The temporary or permanent non-application of one or more clauses of the terms and warranties shall not imply the waiver of the remaining clauses of the terms or warranties, which shall continue to have effect. Iberik Hoteles informs the Buyer that the purpose of the photos on the Website is to serve as visual support for the products offered. 2. ORDER, VALIDATION AND CONFIRMATION OF THE ORDER 2.1. On the Website www. Iberikhoteles.com In accordance with the provisions of article 24 of Law 34/2002, of 11 July, on information society services and electronic commerce and, in particular, in accordance with the provisions of article 3 of Law 59/2003, of 19 December, on electronic signatures, the electronic signature in the form of a "double click" is fully valid as a signature and, therefore, proves the consent given by the signing party to the fulfilment of the obligations arising from said act. Any order for Products offered on the Website www.iberikhoteles.com implies the express knowledge and acceptance of the General Terms of the Gift Voucher, without such acceptance being subject to its signature by the Buyer. The placing of an order on the Website shall be subject to the procedure described below. Said order shall be placed online through a succession of screens indicating the various stages that the Buyer must follow to validate their order with the Seller. 2.1.1 Choice of product To place an order on the Website, the buyer must choose a Product by browsing and, once the product has been chosen, must click on the button "Gift voucher IBERIK + the designation of the Hotel's name". 2.1.2 Verification of the basket Next, the Buyer must verify the contents of their basket (or, where applicable, continue with the selection if they wish to add Products) They may also enter a promotional code if they have one. Once the basket is full and to their satisfaction, they must add the email address at which they wish to receive confirmation of their order and then may click on "Go to cart". 2.2. Details and payment Next, the Buyer shall verify/complete (and correct if necessary) the billing address. In order to confirm their order and proceed with payment, they must tick the box "I have read and expressly accept the Terms of Sale" and click on "Confirm and Pay for my order". For online payment, the Buyer shall be redirected to a secure payment page and shall receive an order confirmation email once payment has been made. The order becomes definitive and the contract is deemed concluded at the time of payment of the order. The information relating to the contract entered into shall be subject to subsequent confirmation by the Seller, who shall send said confirmation to the Buyer via email. 2.3. Fight against fraud The purchase of any Product outside the Website shall be made under the sole responsibility of its buyer, at their own account and risk. Iberik Hoteles reserves the right to deactivate these Products if it is suspected or detected that they are involved in any criminal offence such as fraud, concealment of theft or swindling. This deactivation shall in no case give rise to compensation for the buyer or beneficiary. 3. PRICES, TERMS, METHOD OF PAYMENT AND SECURITY MEASURES The prices of the Products are indicated in euros and shall be those in force at the time the order is placed, with taxes included. Payment for purchases shall be made in the following manner, detailed on the Website: – By credit or debit card. The total amount of the order shall be charged to the credit card account on the same day as the order. Iberik Hoteles reserves the right to suspend all processing of the order in the event of non-payment or if authorisation of the credit card payment is denied by the officially accredited Internet bodies. Iberik Hoteles shall not be held liable for any misappropriation or fraudulent use of any means of payment that has not been detected by the verification procedure. The customer is assumed to have the capacity to use the credit card used to place the order. Any fraudulent use of the credit card may not give rise to a refund by the hotels of the Iberik Hoteles Chain. The time periods shall be calculated from the date of receipt of payment. The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorised access to the data. To achieve these ends, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls. The PROVIDER undertakes not to permit any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to harm the goodwill of the same or INVERSIONES CIMA DE VILA, S.L P. 6 INVERSIONES CIMA DE VILA, S.L (Avenida de la Habana 41 1ºA CP 32003, Ourense) to influence them negatively. The following activities are prohibited under the card brand programmes: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards 4. WITHDRAWAL Withdrawal form: DOWNLOAD The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is the provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. As the use of the Product requires prior booking of the establishment, the right of withdrawal expires upon the booking request. When the use of the Product requires the request for a code, the right of withdrawal of the Product expires upon the request for the code. If the PROVIDER fails to comply with the duty of information and documentation regarding the right of withdrawal, the period for exercising it shall end twelve months after the date of expiry of the initial withdrawal period, in accordance with article 105 of RDL 1/2007. The right of withdrawal shall not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007. 5. DURATION AND EXTENSION The period of validity of the Gift Voucher is one year, from its date of purchase, and shall be a period of expiry. If the Gift Voucher is not used or the booking has not been made within the indicated period of validity, it shall be lost, as it may under no circumstances be extended. 6. TERMS OF USE AND LIABILITY The Product is valid for the activity or experience described in the corresponding Gift Voucher, or for those described on the Website. The establishment chosen in the Gift Voucher may ask the Beneficiary to send it via email in order to confirm the booking. Taking into account the period of validity of the Gift Voucher and the content of the services, the provision of the service by the chosen establishment must always be subject to prior booking and confirmation by the establishment. Any cancellation or postponement of the booking made with the Gift Voucher must be accepted by the Hotel, and an effort shall be made to provide different alternatives depending on occupancy and the periods during which the premises remain closed for maintenance reasons. The beneficiary of the Gift Voucher, for any supplementary service not included in the offer, must contact the establishment that is going to provide its services directly, so that it may indicate the prices to be paid separately. The Product is valid until the Deadline for Use indicated on the Gift Voucher, or, where applicable, one year after its purchase. 7. RESTRICTIONS Certain activities at the Spa may not be accessible under certain health conditions, and therefore the establishments reserve the right to refuse the requested Service if the Beneficiary of the Product does not meet the required conditions. 8. FORCE MAJEURE The obligations contained in these General Terms shall not be applicable or shall be suspended by operation of law and without any compensation in this regard, if their execution is impossible due to a case of force majeure or a fortuitous event as defined by case law or for any cause attributable to the Buyer or the Associated Centre. Each party must inform the other party by any means and as soon as possible in the event that a case of force majeure occurs that makes the execution of all or part of the contractual obligations impossible. The Parties must use their best efforts to prevent or reduce the effects or consequences of the failure to execute the contract caused by a force majeure event; the Party invoking the occurrence of a force majeure event or case must notify the other party without delay of the commencement and, in any case, the cessation of said act or case of force majeure, this being an essential requirement whose non-compliance shall mean that said Party is not exempt from its liability. Furthermore, if the force majeure event or case continues for a period exceeding thirty (30) days from its appearance, this condition may be terminated without the Buyer or the Seller being able to claim compensation for the damages that this may have caused them. 9. DISPUTE RESOLUTION AND APPLICABLE LAW Any claim that the USER considers appropriate shall be handled as soon as possible, and may be made at the following contact addresses: Postal: INVERSIONES CIMA DE VILA, S.L, (Avenida de la Habana 41 1ºA CP 32003, Ourense, Telephone 988782742 E-mail: protecciondatos@iberikhoteles.com Online Dispute Resolution Link to the ODR platform: http://ec.europa.eu/consumers/odr/ In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and shall engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict. In the event that the dispute existing between the Parties cannot be resolved amicably, and in accordance with the principle of good faith regulated to that effect in article 7 of the Civil Code, the Parties shall submit the resolution of said dispute to the exclusive jurisdiction of the courts and tribunals of the city in which the Buyer has their domicile. Applicable law These general terms of sale shall be governed and interpreted in accordance with Spanish legislation.