GENERAL TERMS AND CONDITIONS OF THE PURCHASE OF GIFT VOUCHERS
These general terms and conditions are applicable to the purchase of gift vouchers, or gift cards, through this website (hereinafter “The Site”) and exchangeable for experiences.
These general terms and conditions constitute a contract between You (hereinafter “The Customer”) and
ASG PROYECTOS HOTELEROS MALAGA OPCO 1, S.L.U. (hereinafter, the HOTEL)
Registered address: Calle Nanclares de Oca 1B, 28022 Madrid
Fiscal ID no.: B88243456
Email address: firstname.lastname@example.org
Tel.: 952 222 000
The platform for the purchase of gift vouchers associated with this Site is provided by the company HOTEL TREATS Ltd. (www.hoteltreats.com), with registered address at 31, St. Saviours Rd, Reading, Berkshire, RG1 6EZ, United Kingdom / International House, 24 Holborn Viaduct, London, EC1A 2BN, United Kingdom, while its Company Registration Number is 10740788.
These general terms and conditions are subject to the provisions of Law 7/1998 of April 13th relating to General Contractual Conditions, the Royal Legislative Decree no. 1/2007 of November 16th, by which the consolidated text of The General Law for the Defence of the Consumers and Users was approved together with other complementary laws, Law 34/2002, of July 11th, relating to Information Society and Electronic Commerce Services, and secondarily the Spanish Civil Code and the Code of Commerce.
The purchase of gift vouchers on this Site is subject to the following clauses.
1. Declarations: The user declares that:
- they are of legal age and have full legal capacity to make the purchase, stating that they understand and comprehend all the conditions to be found on this Site.
- the personal details provided when making the purchase are both true and complete.
- they confirm the purchase request, i.e. the gift voucher, or vouchers, chosen, and the numbers thereof, together with their details for invoicing and dispatch.
2. Website Access: Access to this website is at the User’s liability.
3. The purchase of gift vouchers on this Site:
3.1. The marketing of the gift vouchers on offer on this Site is carried out by the Hotel. Sales are understood to be made from the registered address given in the heading to these terms and conditions.
The purchase of gift vouchers on this Site is available for registered and non-registered Users.
3.2. The nature of the experiences for which the vouchers can be exchanged is indicated on the page describing the experience.
3.3. You must accept these general terms and conditions before making the purchase. The contract can be validly completed in Spanish as well as in the other languages available on the Site. Should there be any discrepancy between the translated versions of these terms and conditions, the Spanish version shall prevail.
3.4. After you have chosen the gift vouchers that you wish to acquire in the section labelled “Experiences”, the process of completion of the purchase contract is as follows:
- Shopping basket and payment: Confirmation of the contents of the shopping basket and compilation of details in order to proceed to payment.
- Payment: The payment is to be sent via the platform operated by MANGOPAY, S.A, with Luxembourg Companies Register no. B173459, and registered address at 2 Avenue Amélie, L-1125 Luxembourg.
- Confirmation: Confirmation that the purchase has been processed correctly will be sent to the email address indicated by the Customer. The corresponding gift voucher(s) will be attached to the confirmation email.
At each stage of the booking, any possible errors in the entering of data may be corrected using the “backspace” navigation key on your browser. Moreover, in the email confirming the purchase, the details of the same will be summarised. Should the Customer detect any possible errors, they should contact the Hotel immediately.
4. Price and payment:
4.1. The conditions, the price of the voucher, and the method of payment accepted are those that are expressly laid out on the page of the Site on which you make the purchase.
4.2. Unless indicated otherwise, the prices that are shown on the Site are the final Retail Price, VAT included. The transaction shall be carried out in EUROS, wherever the Customer may be from. Payment shall be made with one sole charge to the credit or debit card indicated by the Customer on the platform of payment for the service.
4.3. Promotions and offers are only valid for the period that they are accessible to Users of the Site.
5. Validity and exchange of the voucher
5.1 Each voucher acquired is valid for 365 days from the date of its purchase.
5.2 To redeem the purchased voucher, the Customer has to contact the Hotel, either by telephone or by email, indicating the number of the voucher and stating when they wish to enjoy the experience. The hotel will then confirm the booking, in accordance with availability.
6. Modification, cancellation, and expiry of the voucher
6.1. The customer must inform the hotel of any change to the booking at least 24 hours before the confirmed date, otherwise the voucher will be considered to have been redeemed.
6.2. Cancellation of the voucher gives the Customer the right to a refund of the amount paid, with the exception of vouchers for events that take place on a specific date.
6.3. In the event of the period of validity of the voucher having expired, the Customer has to contact the Hotel by telephone or email to arrange for an extension of its expiry date.
7. Right to cancellation
7.1. Under the terms provided for in Article 97.1.m of the Royal Decree no. 1/2007, you are informed that, taking into consideration what is laid down in Article 103.l of said Royal Legislative Decree, the right to cancellation is not applicable.
8. Invalidity of the clauses: If one or several of the clauses included in these general terms and conditions were declared to be totally or partially null or void, this would only affect that provision or that part which was the object of this declaration, leaving all the remaining general terms and conditions in effect, while said clause or part of the conditions affected would be considered as non-existent.
9. Acceptation: The purchase contract of the products available on the Site necessarily implies that each and every one of these general terms and conditions, considered to be an integral part of the purchase agreement, are expressly accepted by you as the Customer.
10. Governing law and jurisdiction:
Without prejudice to the consumers’ rights recognised by the Royal Legislative Decree 1/2007, dated 16th November, this contract is governed by Spanish law, excluding its norms regarding conflict of laws, and any controversy that may arise from the use of the website or the services linked to it shall be submitted to the jurisdiction of the competent courts and tribunals in Mallorca. Customers shall expressly renounce their own jurisdiction should they have one.