Introduction
This contractual document shall govern the contracting of reservations through the website vinoserrioxa.es, owned by Grilaine Presenda Torbay González, under the trade name Vinos Errioxa, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders shall apply.
Contracts shall not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
These conditions shall have an indefinite period of validity and shall apply to all contracts made through the PROVIDER´s website.
The PROVIDER informs that the business is responsible for and is aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting goods or promotions that were contracted prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the reservation service contracted by the USER is Grilaine Presenda Torbay González, with registered address at Carrer Nou, 4 17600 Figueres (Girona), tax ID 50637928R and with customer/USER service telephone number 669 40 06 64.
And on the other hand, the USER, who provides their data during the contracting process and who, once the reservation and payment have been completed, may create a password to access their customer area, being responsible for the accuracy of the personal data provided to Vinos Errioxa.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship between the website owner (hereinafter, the PROVIDER) and the user (hereinafter, the USER) at the moment in which the latter formalizes the reservation, through the channels enabled on the website, of an immersive wine experience.
The contracting of the services implies the reservation of an activity consisting of a wine tasting experience and/or visit linked to the wine environment (hereinafter, the Experience), to be carried out on the date, time and specific conditions indicated in the booking process.
The specific description of each Experience, including its content, duration, location, specific conditions and price, shall be that published on the website at the time of contracting.
Where applicable, additional or complementary services must be expressly selected and contracted by the USER during the booking process, being subject to the particular conditions indicated.
Contracting procedure
In order to access the Experiences offered on the website, it is not necessary for the USER to register beforehand or create an account.
The contracting process shall be carried out by selecting the Experience, the number of participants, the available date and time, as well as completing the identifying and contact data of the USER necessary for the management of the reservation and the corresponding payment.
The USER guarantees that the data provided during the contracting process are true, accurate and complete, and undertakes to keep them updated where necessary.
The personal data provided shall be processed by the PROVIDER for the purpose of managing the reservation, the provision of the contracted Experience and, where applicable, the management of payments, cancellations or incidents associated with it.
Once the payment has been successfully completed, the USER will receive an email through which they may set a password to access their customer area. From this area, they may view their data, their reservations and, where applicable, manage the cancellation of the Experience in accordance with the applicable conditions.
Such processing shall be carried out in accordance with the provisions of Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD), as detailed in the Privacy Policy of the website.
In accordance with the provisions of article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow the following steps:
1. GENERAL CONTRACTING CLAUSES
The making of a reservation through the PROVIDER´s website implies the express, full and unreserved acceptance by the USER of these General Terms and Conditions of Contract.
The USER declares having read, understood and accepted said conditions prior to the formalization of the reservation.
These General Conditions shall apply without prejudice to the particular conditions that, where applicable, may be established for each specific Experience, and which shall prevail in case of contradiction.
No particular condition proposed by the USER may prevail over what is established in these General Conditions, unless expressly accepted in writing by the PROVIDER.
2. ACTIVATION OF RESERVATIONS AND PAYMENT
The USER may make the reservation of the Experiences offered through the website by following the procedure indicated therein.
The reservation system allows the USER to select the Experience, the number of participants, the available date and time, as well as to know the total price before proceeding to payment.
The reservation shall not be considered confirmed until the payment process has been correctly completed and the USER has received the corresponding confirmation by electronic means.
Payment for the Experience shall be made through the payment methods enabled on the website at the time of contracting.
The PROVIDER does not guarantee the availability of the Experiences until the effective confirmation of the reservation, being in all cases subject to real-time availability.
In the event that, for reasons attributable to the PROVIDER, it is not possible to provide the Experience under the contracted conditions, the USER shall be entitled to:
In the event of unjustified delay by the PROVIDER regarding the refund of the total amount, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The PROVIDER shall not be responsible for the impossibility of completing the reservation when this is due to data provided by the USER that are false, inaccurate or incomplete.
3. CANCELLATIONS (right of withdrawal)
In accordance with the provisions of Article 103.l) of Royal Legislative Decree 1/2007 (TRLGDCU), the right of withdrawal shall not apply to the contracting of the Experiences offered by the PROVIDER, as these are services related to leisure activities that provide for a specific date or period of execution.
However, the PROVIDER establishes the following cancellation policy:
Cancellations and date changes
The USER may request the cancellation or modification of their reservation with a minimum of 24 hours’ notice prior to the date and time of the Experience.
In the event of cancellation within this period, the USER shall be entitled to:
Requests shall in all cases be subject to availability.
No-show
Failure of the USER to attend on the scheduled date and time shall result in the loss of the amount paid, with no right to a refund.
Late arrivals
Punctuality is requested for access to the Experience. The PROVIDER will wait a maximum of 5 minutes from the start time.
After this time has elapsed, access to the Experience will not be guaranteed and, if the USER is unable to join, it shall be considered a no-show, and the conditions established for such cases shall apply.
4. CLAIMS
Any claim that the USER considers appropriate shall be attended to as soon as possible, and may be made at the following contact addresses:
Vinos Errioxa
Carrer Nou, 4 17600 Figueres (Girona)
Telephone: 669 40 06 64
E-mail: j.ortega@vinoserrioxa.es
The PROVIDER undertakes to handle claims as quickly as possible and, in any case, within the time limits established by applicable regulations.
Likewise, the PROVIDER has official complaint forms available to the USER.
In the event that the USER considers that their rights have been violated, they may resort to the online dispute resolution platform of the European Union (ODR), available at the following link:
https://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The performance of the Experiences may be affected by external factors such as weather conditions or other circumstances that affect their proper execution.
In the event that the Experience cannot be carried out due to serious causes that prevent its development under adequate conditions of safety or quality, whether due to restrictions imposed by competent authorities or due to objective circumstances duly assessed by the PROVIDER, the USER shall be entitled to:
Outside these cases, adverse weather conditions that do not prevent the Experience from taking place shall not constitute a valid cause for cancellation by the USER, and the established cancellation policy shall apply.
Personal circumstances of the USER, such as indisposition or similar causes, shall not give rise to a refund outside the established cancellation deadlines, without prejudice to the possibility of rescheduling in cases where the PROVIDER considers it appropriate.
6. COMPETENCE
The reservation made by the USER is personal in nature and may not be assigned to third parties without the prior consent of the PROVIDER.
In the event that any clause of these General Conditions is declared null, invalid or impossible to comply with, this shall not affect the validity of the rest of them, which shall remain fully in force.
The USER declares having read, understood and accepted these General Conditions in their entirety prior to contracting.
7. GENERALITIES OF THE OFFER
The characteristics, content, duration, location, specific conditions and price of each Experience shall be those set out in the description published on the website at the time of booking.
The PROVIDER strives to ensure that the information contained on the website is truthful and up to date. However, non-substantial adjustments or modifications may occur in the development of the Experiences, provided that they do not affect their nature or the essential value of the contracted service.
In the event that, due to unforeseen circumstances, it is not possible to provide the Experience under the conditions initially foreseen, the PROVIDER shall inform the USER as far in advance as possible, offering an equivalent alternative or a full refund of the amount paid.
Additional or complementary services must be expressly selected during the booking process and shall be subject to the specific conditions indicated in each case.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices applicable to each Experience shall be those published on the website at the time of booking and shall be expressed in euros (€), including Value Added Tax (VAT), unless expressly stated otherwise.
The total price of the Experience, including, where applicable, the selected additional services, shall be shown to the USER before completing the contracting process.
Prices may be modified at any time, although such modifications shall not affect already confirmed reservations.
The PROVIDER shall issue the corresponding invoice for the contracted services, which shall be sent to the USER by electronic means, in accordance with current regulations.
For any information regarding the reservation, the USER may contact through the Vinos Errioxa customer service telephone number 669 40 06 64 or via email at j.ortega@vinoserrioxa.es.
9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER makes the following payment methods available to the USER for the contracting of the Experiences:
Payment shall be made at the time of booking. The booking shall not be considered confirmed until the payment has been correctly authorized.
Payments made through the website are managed through secure third-party payment platforms, such as Stripe, which guarantee the confidentiality of the USER´s banking data.
The PROVIDER does not store or have access to the full data of the cards used by the USER, these being processed directly by the payment service providers in accordance with their own privacy and security policies.
The USER expressly authorizes the PROVIDER to make the corresponding charge for the reservation on the payment method selected during the contracting process
The USER guarantees that the payment method used is owned by them or that they have sufficient authorization for its use.
10. PURCHASE PROCESS
The contracting process of the Experiences through the website shall be carried out in a simple and intuitive manner, following the steps indicated on the platform itself.
In general, the purchase process includes the following stages:
During the process, the USER may review and modify the data entered before completing the contracting.
Once payment has been completed, the USER shall receive a confirmation email with the details of the reservation.
The availability of the Experiences is shown in real time and is subject to changes until the completion of the purchase process.
11. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, null or for any reason unenforceable, such condition shall be considered separable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER´s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
12. GUARANTEES AND RETURNS
The PROVIDER undertakes to provide the Experiences in accordance with the conditions described on the website and as agreed at the time of booking.
In the event that the service is not provided in accordance with what was contracted for reasons attributable to the PROVIDER, the USER shall be entitled, as appropriate, to:
Failure to comply shall not be deemed to exist when the lack of conformity is due to:
The USER must report any incident during the development of the Experience or within a reasonable period after its completion, so that the PROVIDER may analyze it and offer an appropriate solution.
13. LIABILITY AND CONDITIONS OF PARTICIPATION
The USER undertakes to make proper use of the contracted services and to behave respectfully during the development of the Experience, both with the PROVIDER´s staff and with other participants and third parties.
The USER shall be responsible for their own behavior, as well as that of the persons included in their reservation. In the event of inappropriate, disrespectful conduct or conduct that may put the normal development of the activity at risk, the PROVIDER reserves the right to deny or interrupt participation in the Experience, without the right to a refund.
The Experiences may include activities related to the consumption of alcoholic beverages. The USER declares to be of legal age and undertakes to consume responsibly. The PROVIDER shall not be responsible for the consequences derived from inappropriate or excessive consumption by the USER.
The USER must at all times follow the instructions of the staff responsible for the activity, especially in matters of safety.
The PROVIDER shall not be responsible for personal or material damages or losses that may arise from:
Likewise, the PROVIDER shall not be responsible for loss, theft or damage to personal belongings during the development of the Experience.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions shall be governed by and interpreted in accordance with Spanish law.
In the event of any dispute or conflict arising from the contracting of the services, the courts and tribunals of the USER´s domicile shall have jurisdiction, when the USER has the status of consumer, in accordance with applicable regulations.
Likewise, the USER may, if they wish, resort to the European Union´s online dispute resolution platform (ODR), available at the following link:
Esta web contiene contenido relacionado con bebidas alcohólicas. Debes ser mayor de 18 años para acceder.