1.- Previous information
These Terms and Conditions regulate the access and use of the Website (hereinafter, the "Website") owned by HOTEL TREATS LTD, a company incorporated in England and Wales with registration number 10740788 and registered office at 36-38 Cornhill, London, London, EC3V 3NG, being the parent company of HOTEL TREATS ESPAÑA, S.L., (hereinafter, "HOTEL TREATS") with N.I.F. B-44863231, and registered office at Son Rullan 43, Calle A, 07009, Palma de Mallorca, Spain, registered in the Mercantile Register of Palma de Mallorca, Volume 2998, Folio 131, Page 96497, Section, 1st Inscription.
For the purposes of these Terms and Conditions, a Consumer/User shall be understood as any individual who, outside of his or her commercial activity, business, trade, or profession, accesses the Website with the intention of acquiring the products or services marketed through the Website (hereinafter, the "User").
For any questions and/or complaints, you may contact the following e-mail address: info@hoteltreats.com or through the following telephone number +34 871 51 00 40 (from 9:00 - 19:00 CEST).
2.- Acceptance of Terms and Conditions
The purchase of any of the products or services marketed through the Website requires the acceptance of these Terms and Conditions, as well as the different modifications and/or additional legal texts that HOTEL TREATS may include in the future.
By accepting the Terms and Conditions, the User agrees to act at all times in accordance with the provisions set forth in the clauses of this legal text, which define the rights and obligations of HOTEL TREATS and the User regarding the contractual relationship arising from the use of the services accessible through the Website. These are the only Terms and Conditions applicable to the use of the Website (notwithstanding that for certain products or services there may be specific conditions) and replace any other condition.
By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and acquire the products or services present on the Web Site.
3.- Subject
This Website has been developed by HOTEL TREATS with the purpose of offering Users the possibility of acquiring vouchers, for personal use or as a gift, in order to redeem them at the Hotels and establishments with which HOTEL TREATS collaborates( hereinafter, the "Service Provider"), and enjoy the specific experiences offered at the User's choice (hereinafter, the "Vouchers" or the "Voucher" indistinctly), HOTEL TREATS being merely an intermediary between the User and the Service Provider acting as a point of contact between both parties and issuer of the required Vouchers.
4.- Types of Vouchers
The Vouchers offered through the Website may be of two (2) types:
1. Single-purpose Vouchers: Those Vouchers that at the time of their issuance the place and date of the provision of the service or of the enjoyment of the experience acquired by the User is known.
This type of Vouchers is usually associated with the purchase of Vouchers with instantaneous reservation, the User knowing at all times the place and date on which he/she wishes to enjoy the experience and, therefore, the Service Provider to whom he/she must contact to do so.
** Please note that all the vouchers purchased from the following hotels are single-purpose vouchers, and can not be exchanged for experiences at any other hotels:
- Marbella Club Hotel
- Castillo Hotel Son Vida, a Luxury Collection Hotel, Mallorca
- Sheraton Mallorca Arabella Golf Hotel
- The St. Regis Mardavall Mallorca Resort
2. Multi-purpose Vouchers: Those Vouchers that at the time of their issuance the place where the service is provided or the User enjoys the experience acquired is yet to be confirmed.
This type of voucher is usually associated with the purchase of vouchers with an open date, both for personal use and as a gift, and which offers the User or the beneficiary of the voucher (hereinafter, the "Beneficiary") the possibility of exchanging it for any experience or services published on the HOTEL TREATS Website and offered by any Service Provider with which HOTEL TREATS collaborates.
Each Voucher issued will reflect the type of Voucher to which it corresponds.
5.- Operation of the Web Site and purchase of the Vouchers
In order for Users to be able to take advantage of the Vouchers that HOTEL TREATS offers through the Website, the following must be taken into account:
5.1. User Account
Users may purchase the Vouchers offered through the Website without the need to register or create a user profile. However, HOTEL TREATS makes available to its Users the possibility of registering and creating a user account, as detailed below:
- User Registration
In order to register, the User must provide his/her e-mail address using the registration form found on the Website for this purpose. In addition, Users must select a password in order to complete the registration process.
Once the registration process is completed, Users are responsible for the proper custody and confidentiality of the User name and/or passwords that allow access to their account and undertake not to transfer their use to third parties, either temporarily or permanently, or to allow access to third parties.
By virtue of the foregoing, Users must immediately notify HOTEL TREATS via email info@hoteltreats.com of any misuse of their User name and/or password, due to circumstances such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation.
- User Account
Once the User has created an account to access the Website, he/she will have access to a profile where he/she can fill in his/her personal data, including payment or billing details and a postal address.
The User guarantees that his/her data will be accurate, current, and truthful. In addition, you may cancel your account on the Website at any time by following the instructions contained therein.
5.2. Procedure for acquiring the Vouchers and processing purchase orders
Users may purchase the Vouchers offered through the Website without the need to register or create a user profile, it is sufficient to complete the form that appears for this purpose to process the purchase, in which the necessary data will be requested for the identification of the User, issuance of the corresponding invoice, delivery, and payment of the required Services, as well as the possibility of selecting whether the Voucher will be for personal use or as a gift.
In the event that the Voucher purchased by the User is for personal use, there may be two variants:
(i)Â That the User proceeds to purchase a Voucher with an open date of enjoyment, when he/she does not know the exact date on which he/she wishes to enjoy the experience. The validity of said vouchers may vary but it will always be stated before proceeding with the purchase of the voucher how long it will be valid for, as well as in the voucher itself. In this case, and prior to the use and enjoyment of the Voucher, the User must call the Service Provider in question to confirm the availability of dates to enjoy the selected experience
The User will have a period of fourteen (14) days to request a refund of the Voucher for personal use with an open date if the Voucher has not been used during that period.
(ii) That the User makes a purchase or "Immediate Booking" of one of the Vouchers offered on the HOTEL TREATS Website knowing [KP6]Â the exact date on which he/she wishes to enjoy the experience, this type of Voucher not being refundable in any case. However, the User may change the date of enjoyment of the Voucher as long as he/she notifies the Service Provider of this circumstance forty-eight (48) hours in advance of the date of enjoyment initially selected.
In the event that the Voucher purchased by the User is for a gift with an open date, it will be valid for the period stated before the purchase and in the voucher itself for its enjoyment, counting from the date of purchase of the Voucher. However, each of the Vouchers marketed by HOTEL TREATS will specify the period of validity, both on the HOTEL TREATS Website and on the Voucher itself once received by the User. It is the responsibility of the User to verify the period of validity of the Voucher purchased.
Likewise, the Beneficiary of the Gift Voucher may use the experience that appears on the Voucher or may exchange it for any other experience offered on the HOTEL TREATS Website for the equivalent amount. If the new experience chosen has a lower cost value than the original one, the Beneficiary may keep the remaining balance for future purchases on the Website. In the event that the Beneficiary chooses another experience of a higher balance, the Beneficiary may pay the difference.
Once the voucher has been purchased, whether for personal use or as a gift, and as soon as possible, HOTEL TREATS will send the voucher via the chosen channel of communication to the User/Buyer proof of the voucher purchased, which can be exchanged for the selected experience. In the case of Gift Vouchers, HOTEL TREATS will make these available to the User/Buyer who may forward such information to the beneficiary or, where appropriate, provide HOTEL TREATS with the Beneficiary's e-mail address for direct forwarding.
HOTEL TREATS informs Users that the offers that may be reflected through the Website will have the validity indicated on the platform itself. Therefore, no purchase orders will be processed in accordance with an offer on a date later than that indicated for the completion of the offer on the Website.
HOTEL TREATS has an after-sales assistance service which the User may access by sending any doubt, query, or request related to the Voucher purchased by sending an email to the following email address: info@hoteltreats.com or through the following telephone number +34 871 51 00 00 40 (from 9:00 - 19:00 CEST).
6.- Validity of the Vouchers
The User knows and accepts the validity of the Voucher purchased at all times, being this information available on the page of the product or specific Voucher, as well as easily identifiable in the Voucher itself once received via email.
Once the expiration date of the Voucher has been reached, it cannot be exchanged for the selected experience or any other of those offered through the HOTEL TREATS Website. In such case, the amount paid by the User will be retained 100% by HOTEL TREATS.
7.- User Conduct on the Website
Users undertake to make lawful, diligent, honest, and correct use of any information or content they have access to through the Web Site, and all this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
In particular, but without limitation, any user visiting the Website, as well as Users shall not:
i.        Communicate data that is not true, accurate, complete and/or up to date, nor access the Website using the name or identifying data of another user or impersonate any person or identity.
ii.        Use the Web Site for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.
iii.        Maliciously or intentionally cause damage or harm that may undermine or alter the Website, or introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website. The User shall not scan or test the vulnerability of any HOTEL TREATS system or network, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used by HOTEL TREATS to offer the Vouchers or services through the Website.
iv.        Promote or encourage third parties to carry out any of the above practices or contribute to them.
HOTEL TREATS shall have the right to investigate and report any of the aforementioned conducts in accordance with the Law, as well as to collaborate with the authorities in the investigation of such actions.
Likewise, HOTEL TREATS reserves the right to suspend or cancel the account of Users or restrict access partially or in its entirety to the Website. The User agrees not to circumvent, or attempt to circumvent, any measure restricting access to the Website.
8. Availability of vouchers or experiences
All Vouchers appearing on the Website are subject to availability. HOTEL TREATS constantly and automatically updates the Website to ensure maximum accuracy of the information on the website between actual availability and the information available in this regard on the Website. However, HOTEL TREATS will not be responsible in any case for the discrepancy taking into consideration that Hotle Treats is not the provider of the required service, being the Service Provider.
It is recommended to make reservations or purchases of the Vouchers at least two (2) weeks before the preferred date. If the User or Beneficiary wishes to reserve their experience for days of maximum demand (such as weekends or holidays), they should book further in advance. The User must consider that some experiences show availability dates on the HOTEL TREATS Website, however, these dates are only indicative and are subject to changes attributable to the Service Provider.
All Vouchers or experiences may be withdrawn from the Website at any time and without prior notice, without this decision affecting Users who have purchased the affected Vouchers prior to their withdrawal.
In the event that a User or Beneficiary wishes to use the Voucher for an experience that has been removed from the Website and the Service Provider does not accept bookings or the experience is no longer available, a solution will be offered, as a credit for the value of the Voucher (to be given to the Voucher Beneficiary), or an alternative experience of the same value (if available).
In such case, the credit offered will have the same maturity date as the original voucher.
9. Prices and forms of payment for the Vouchers
The prices of the Vouchers that appear on the HOTEL TREATS Website will be those reflected at all times on the Website and are inclusive of VAT.
Users may make the corresponding payments by making use of various payment methods that can be checked before proceeding with the checkout. If you have any doubt regarding the payment methods, do not hesitate to contact Hotel Treats via email info@hoteltreats.com or through the following telephone number +34 871 51 00 40 (from 9:00 - 19:00 CEST).
All of them are subject to verifications and authorizations by the issuing entities of the means of payment (card issuers and/or payment account issuers) outside HOTEL TREATS, but if the said entity does not authorize the payment, it will not be possible to continue with the purchase procedure initiated and therefore, the order will be automatically canceled, and the purchase and sale of the requested voucher will be understood as not having been carried out.
By clicking on "Authorize payment" the User unequivocally confirms that the credit card is his/her property and HOTEL TREATS is not responsible in any case for the fraudulent or illegal use of credit cards by third parties.
In addition, at no time during the purchase process, HOTEL TREATS can know or store the information related to the User's credit card, transmitted through a secure connection with encryption protocol directly to the site of the entity that manages the electronic payment.
Payments are processed by the MangoPay payment gateway (Mangopay S.A) or by the Service Provider's payment gateway.
Before proceeding with the payment, the User must read and accept Mangopay's Terms and Conditions:Â https://mangopay.com/terms/payment-services_EN_2024_02.pdf.
In addition, the User should review the Money Safeguarding FAQ. If the Service Provider's payment gateway is used, the User must review and agree to its separate Terms and Conditions.
9.1. Invoice request
HOTEL TREATS functions as an intermediary and, therefore, cannot issue invoices for the services offered and purchased by the User. In case of needing an invoice, the User must address his/her request to the Service Provider after having redeemed his/her voucher.
10. Intellectual Property
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by HOTEL TREATS, or by third parties who have expressly authorized HOTEL TREATS to use them on its Platform.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject (hereinafter, "Intellectual Property Law"), as well as Law 17/2001, of December 7, 2001 on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorized in writing by HOTEL TREATS.
Specifically, and by virtue of the provisions of national, European and international regulations on intellectual property, the use of all or part of the contents of this website and specifically the content developed by HOTEL TREATS, for commercial purposes, in any medium and by any technical means, without the authorization of HOTEL TREATS, is expressly prohibited.
The User undertakes to respect the Intellectual and Industrial Property rights owned by HOTEL TREATS. The User shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the HOTEL TREATS website.
HOTEL TREATS does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial transfer of such rights by HOTEL TREATS.
Any use of such content not previously authorized by HOTEL TREATS will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
11.- Exclusion and limitation of liability
HOTEL TREATS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the contents of the Website. Likewise, and in its capacity as an intermediary, HOTEL TREATS shall not be liable in any case for the relationship existing between the User and the Service Provider.
Among others, and by way of example and not limited to, HOTEL TREATS is not responsible for the following circumstances:
i.        The lack of availability and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website for reasons not attributable to HOTEL TREATS.
ii.        The lack of usefulness of the Web Site or the contents for any service.
iii.        Of the content of other Internet pages to which links may be placed on the Web Site.
iv.        Incidents caused by the lack of due diligence on the part of the User.
v.        Cases of force majeure, blockage of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of HOTEL TREATS that prevent the normal use of the Website.
vi.        From any contractual obligation arising between the User/Beneficiary and the Service Provider and shall have no obligation to mediate between the parties to such contract.
vii.        The quality of the service provided by the Service Provider, although HOTEL TREATS has contracts in force with the different Service Providers and strives to comply with demanding quality standards, it cannot guarantee the result or that the User's experience will be satisfactory. The final responsibility for the services provided falls directly on the Service Provider.
viii.        Of the cancellation or alteration of a Voucher for unforeseeable reasons or reasons beyond the reasonable control of HOTEL TREATS, including, but not limited to, weather-related, insolvency, etc.
ix.        Loss, damage, death or personal injury to the User/Beneficiary while enjoying the Voucher marketed through the HOTEL TREATS Website.
In short, the User acknowledges and accepts that HOTEL TREATS is a limited liability entity and that any dissatisfaction or claim related to the service or experience should be transferred to the Service Provider.
12.- Indemnification
The User/Beneficiary agrees to hold harmless HOTEL TREATS, as well as its employees and officers, against and from any claim, liability, damages, losses and expenses, including but not limited to legal fees and any other amounts paid by HOTEL TREATS to a third party in settlement of a claim or dispute, arising directly or indirectly from the use of the Website or any breach by the User/Beneficiary of any provision of these Terms and Conditions.
Likewise, HOTEL TREATS will not be responsible for additional expenses incurred due to travel delays, force majeure or events beyond the control of HOTEL TREATS, including but not limited to: force majeure, unavoidable, extraordinary, unusual and unforeseeable circumstances such as war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural or nuclear disasters, significant risks to human health such as the outbreak of pandemics, fires or adverse weather conditions.
13.- Protection of personal data
HOTEL TREATS guarantees the security and confidentiality of the personal data provided by Users in compliance with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free movement of such data (hereinafter, "RGPD") and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDDD").
In this regard, Users are informed that, with respect to privacy and protection of their personal data, they may exercise the following rights:
- Access to your personal data;
- Request the rectification of any inaccurate data;
- Request the erasure of his or her data;
- Request the limitation of the processing of your data;
- Oppose the processing of your data;
- Exercise your right to be forgotten; and
- Request the portability of their data. Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.
The User may exercise all these rights by sending an e-mail to info@hoteltreats.com, indicating the reason for the request.
Notwithstanding the foregoing, in order to know all the details about the processing of personal data carried out by HOTEL TREATS, the User can find the privacy policy at the following link:Â https://www.hoteltreats.com/s/en/privacy-policy/
14.- Right of withdrawal
The User who holds the status of "Consumer", that is, those Users who have acquired the HOTEL TREATS Vouchers for a purpose unrelated to their commercial activity, business, trade or profession, will have a period of fourteen (14) calendar days to exercise their right of withdrawal, counting from the effective date of acquisition of the Voucher, without any penalty and without the need to indicate the reasons in accordance with the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, provided that the purchase has not been made with "Immediate Reservation" or the Voucher has not been redeemed.
In this sense, the User knows and expressly accepts that he/she will not be able to exercise his/her right of withdrawal once the fourteen (14) calendar days provided by law for this purpose have elapsed.
Notwithstanding the foregoing, and in the event that the User's right of withdrawal is properly exercised, HOTEL TREATS will refund the amount paid for the purchase made within a maximum period of fourteen (14) days, counting from the receipt of the User's withdrawal request, and through the same means of payment used for the initial transaction.
MECHANISM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To formalize the right of withdrawal, the User must exercise his/her right in writing by sending an email, with the information detailed below and which will serve as a withdrawal/unequivocal statement, to the following email address: info@hoteltreats.com, with the following wording in the subject line: "Return of the service purchased". Upon receipt of such communication, HOTEL TREATS will proceed to review the specific case and, if applicable, the refund of the corresponding amount will be made as soon as possible and, in any case, within fourteen (14) calendar days from the date on which such communication was received.
In order to exercise the right of withdrawal, the User must include the following information in the corresponding e-mail address:
Subject: Return of purchased service
Name and surname: ____________
Contact Email: _____________
Number of Voucher [KP19]Â purchased: ____________
Date of purchase: ______________
I hereby request the refund of the amount paid for the service described above, requesting that such refund be made effective during the period of fourteen (14) days established by law for this purpose and be paid into the bank account of my ownership with account number: ______________.
Place and date of claim: ____________________.
15.- Hyperlinks
The Website may contain hyperlinks that allow Users to access third-party websites. HOTEL TREATS assumes no responsibility for the content, information or services that may appear on such sites, which shall be understood to be offered exclusively for information purposes by HOTEL TREATS, and in no case imply any relationship, acceptance or endorsement between HOTEL TREATS and the persons or entities owning such content or owners of the sites where they are located.
16.- User Reviews
Users may review their shopping experience and/or services provided by the Service Provider on the HOTEL TREATS Website. The User agrees to make honest, reasonable, and authentic reviews.
The User consents to the publication of his/her reviews, including the name indicated therein, on the HOTEL TREATS Website and on third-party websites for informational and/or commercial purposes.
17.- Modifications
The information appearing on the Website is current as of the date of its last update. HOTEL TREATS reserves the right to update, modify or delete the information on this Platform, as well as these Terms and Conditions, the privacy policy or any other information.
The entry into force of the modifications to the terms and conditions shall take place from the moment of their publication on this Platform.
18.- Safeguard clause
All the clauses or ends of these Terms and Conditions must be interpreted independently and autonomously, not being affected by rest of the stipulations in case one of them has been declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions of Use.
19.- Jurisdiction
The parties agree that these Terms and Conditions are subject to Spanish law. Any dispute arising from the application, execution, and interpretation of these Terms and Conditions shall be submitted to the Courts and Tribunals of the place of residence of the User as a consumer user.
20.- Extrajudicial resolution of disputes
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Website informs that, in the event of a dispute, the User resident of the European Union may resort to the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to settle out of court any dispute arising from the contractual relationship existing between the parties.
If you wish to access the "Online Platform for Dispute Resolution" you can do so through the following link: http://ec.europa.eu/consumers/odr