Purpose of the website
Modification of these General Terms and Conditions of the website
Intellectual and industrial property
Responsibility of FoodieStay
Obligations of the user
Nullity of the clauses
Applicable law and jurisdiction
TERMS AND CONDITIONS OF PURCHASE
These provisions govern the use of the service of the website or Internet portal (hereinafter referred to as the "website") that FoodieStay, S.L. provides. (hereinafter, FoodieStay) makes available to Internet users.
In compliance with the duty of general information provided for in Law 34/2002, of 11 July, on information society services and electronic commerce, we hereby inform you that the identification details of the owner of the website are as follows: FoodieStay has its registered office at Calle Palma, núm. 64, 28004 Madrid, Spain and C.I.F. number B-8780804530, and is registered in the Mercantile Registry of Madrid, Volume 36.051, Folio 80, Section 8, Page M-647.828. Telephone: +34 910381210. Email: hello@FoodieStay.com.
The website is the property of FoodieStay, and is available to anyone interested in booking a gastronomy related tourist experience (hereinafter the "Services" or the "Culinary Experience"). The Services are for the personal use of such parties only in accordance with the terms and conditions specified below.
These General Conditions of Use of the website include the general conditions of contract, which govern the provision of the services contracted, and are intended to regulate both the provision of information on the services and activities of FoodieStay and the commercial relations that arise between it and the users of this website (www.FoodieStay.com).
The use of the website gives you the status of user of the website (hereinafter, the "User") and by accessing, browsing and using our website and/or making a reservation, the User agrees to have read, understood and agreed to the terms and conditions shown in this section of the website being bound by these Terms and our Data Protection Policies, so if you do not agree with all the Terms and Conditions and the Data Protection Policies, you should not use this website.
FoodieStay may at any time modify these General Conditions, as well as the General Conditions of Contract, and/or the particular conditions that may be included, without prior notice, by including these modifications in this section of the website. Therefore, the User must carefully read this Legal Notice each time he or she intends to use the website, as it and the conditions of use set out in this Legal Notice, as indicated, may be subject to change. The modifications introduced will only be applicable to the Users with respect to the orders placed from the moment of their inclusion in the website.
Some web site services accessible to its Users may be subject to special conditions that, where appropriate, replace, supplement and/or modify this Legal Notice, although for their application they must be notified and accepted by the User before the corresponding service is provided.
All the contents of the website, including but not limited to, the designs, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the'Contents'), are the intellectual property of FoodieStay or third parties, and none of the exploitation rights recognised by the current legislation on intellectual property on them may be understood to have been transferred to the User, except for those which are strictly necessary for the use of the website.
The trademarks, trade names or logos owned by FoodieStay or third parties do not grant any rights over them by accessing the website, and in no case shall it be understood that any license is granted or any waiver, transmission, assignment, total or partial assignment of such rights or any right or expectation of rights, and in particular, of alteration, exploitation, reproduction, distribution or public communication of such content without the prior express written permission of FoodieStay.
5.1 Service availability
Access to the website requires third-party services and supplies, including transportation over telecommunications networks whose reliability, quality, continuity and performance are not the responsibility of FoodieStay. Consequently, the services provided through this website may be suspended, cancelled or inaccessible to Users for reasons beyond the control of FoodieStay, which shall not be liable for such imponderabilities, nor for any damages or losses of any kind incurred by the User resulting from failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the website service during the provision of the same or prior to its use.
5.2. Quality of service on the Internet
Access to the website does not obligate FoodieStay to check for viruses, worms or other harmful computer elements. In any case, the User is responsible for the availability of suitable tools for the detection and disinfection of harmful computer programs. FoodieStay is not responsible for any damage to the computer equipment of Users or third parties during the provision of the Portal service.
5.3 With regard to the links appearing on the website
The existence of links on the FoodieStay website does not represent any kind of relationship between the website and the owners of the web pages that can be accessed with them, and unless expressly stated otherwise, has a purely informative purpose and in no case implies a suggestion, invitation or recommendation about them. FoodieStay is not aware of the contents and services of the links and is therefore not responsible for any damage caused by the illegality, quality, outdated, unavailability, error or uselessness of the contents and/or services of the links or for any other damage not directly attributable to FoodieStay. FoodieStay may unilaterally remove links from its website at any time.
In these cases, FoodieStay acts as a provider of intermediary services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society and Electronic Commerce Services ("LSSI") and will only be responsible for the contents and services provided in the links insofar as it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a link with illegal or inappropriate content, he or she may inform FoodieStay in accordance with the notification clause of these General Terms and Conditions, without under any circumstances this communication entailing the obligation to remove the corresponding link.
5.4. Regarding the protection of personal data
FoodieStay is responsible for processing the data and personal information it collects from its Users (customers). Being the data controller means that it is the person, in this case the legal person who, alone or with others, determines the purposes and means of the processing. In the section of this website entitled "Data Protection Policy", we provide you with all the information required in this area, including the name of the data controller, the purpose for which the personal information you provide will be processed, why we are entitled to process it, the way in which we collect your data and why. As well as their use, their rights as users and also explain (i) the processes we have put in place to protect their privacy, and (ii) any other legally required issues.
5.5. Cookies Policy
In compliance with the provisions of article 22.2 LSSI, FoodieStay will only use data storage and retrieval devices ('Cookies') when the user has given their prior consent to do so in accordance with what is indicated in the corresponding pop-up window of the user's browser when accessing the website for the first time and in accordance with the other terms and conditions set out in the FoodieStay Cookies Policy that all users should be aware of. As of today, no Cookies are being used on the website and a Cookies Policy will be incorporated into this website when used.
The User undertakes to comply with (a) these General Terms and Conditions of Use, (b) the Specific Conditions that may apply, as appropriate, and (c) to comply with the special warnings or instructions for use contained therein or on the website itself.
The User must make lawful use of the services of this website in accordance with current legislation.
iii. The User guarantees
The User shall use due diligence in accordance with the nature of the service he or she is using and shall not, through the services made available by FoodieStay, take any action that may cause damage or alterations to the contents or hinder the proper functioning of the website. The User expressly undertakes not to cause technical problems of any kind, transfer elements that may carry computer viruses or damage, interfere or intercept the website, in whole or in part, or to intervene in or alter the e-mail of other Users.
For the purposes of these General Conditions, and for any communication between FoodieStay and the User that may be necessary, the User must contact the Customer Service Department by email or electronic mail (by sending a message to hello@FoodieStay.com or by written communication to the Customer Service Department, Dpto. Legal, de FoodieStay, Calle Palma, nº 64 - 28005 Madrid.
FoodieStay's communications to the User will be based on the information provided by the User when placing an order through the website. The User expressly accepts, for all communications related to the use of the Services, the use of electronic mail as a valid procedure for sending such communications. It is the User's responsibility to keep the data provided when creating his/her account up to date, especially the contact details provided for order management.
If any content of these General Conditions of Use of the portal is declared totally or partially null or ineffective, this declaration will only affect the content or part of the same that is null or ineffective, and the rest of the General Conditions will remain in force and the content or part of the same that is affected by not being included, except that because it is essential to these General Conditions, it will affect them in an integral way.
The General Terms and Conditions of this Legal Notice are governed in each and every one of its aspects by Spanish law.
Any dispute that may arise or relate to the use of this website will be submitted to the jurisdiction of the courts and tribunals of the consumer's domicile in accordance with the provisions of art. 90.2 of Royal Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws.
10.1) Prior information.
The procedures for contracting the provision of the service of gastronomic experiences offered from the website are those referred to in these Purchase Conditions or indicated on the screen during navigation and the purchase process, so that the User declares to know and accept these procedures as necessary to access the services offered on the website.
The user agrees to:
Use this website only to place legally valid orders.
Do not place any false or fraudulent orders. If such an order could reasonably be considered to have been made, we shall be entitled to cancel it and inform the competent authorities.
iii. Provide us with your contact details, which are truthful and accurate, necessary for the management of orders, and keep them updated. If you do not provide us with all the information we need, we will not be able to process your order. The questions included in each of the forms are voluntary, except those marked with an asterisk (*) which are mandatory. If you do not answer the required questions, FoodieStay reserves the right not to process incomplete applications.
By placing an order through this website, you represent that you are 18 years of age or older and have legal capacity to enter into contracts.
The gastronomic experiences are marketed for groups of up to 12 people, without prejudice to the possibility of hiring such experiences for a private and exclusive group of fewer people (with the corresponding upward variation in price).
The service is provided from the FoodieStay establishment closest to the place where the gastronomic experience will take place.
In order to access the FoodieStay website it is not necessary to register, although for the provision of the services offered through the website the User must register on it.
iii. In order to acquire the right to enjoy each of the different gastronomic experiences, the User must follow all the instructions and instructions on each screen and, if necessary, provide the information required for the management of the order, determining on each form the information that is mandatory for the purchase process. Once the User has selected the gastronomic experience contracted on the website, he/she must select the option "Finish", and the gastronomic experience and, if applicable, the number of people included in the purchase with the final price (VAT included) will appear on the corresponding screen.
All orders are subject to the availability of the gastronomic experiences chosen on the dates desired by the User. If there are difficulties in carrying out the gastronomic experience, FoodieStay will contact the User to inform him/her, offer him/her an alternative product and, if necessary, refund the amount he/she may have paid.
The User may cancel the contracted gastronomic experience within 48 hours from the date of contracting it without giving any reason. In addition, you may take out voluntary insurance for the price shown on the website, which will allow you to cancel, without justification, the experience with the right to an immediate refund of the price paid, provided that the cancellation is made up to 12 hours before the start of the first experience of the program.
Confirmation of the order: Once the purchase process of the gastronomic experience has been completed, the order confirmation option appears, in which the experiences acquired will appear, and the user is responsible for reviewing and confirming them and the selected prices. Once the order is confirmed and the order is received, FoodieStay will send your customer a delivery note by email confirming the purchase.
For any incident in the processing of the order the User may contact by e-mail to the following address hello@FoodieStay.com. The user may indicate in the subject of the email the reference number received in the reservation.
vii. In the event of inability to provide the service of the gastronomic experience contracted, FoodieStay will refund the full amount paid.
Without prejudice to the right conferred on the user in section (iv) of section 10.2 above, to cancel within forty-eight (48) hours of contracting the gastronomic experience, FoodieStay hereby informs the user that he or she is not obliged to send the latter, as a consumer, a document of withdrawal in order to revoke the contract for the service offered through our website within the legal deadlines,