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GENERAL CONDITIONS
La Cena de los Locos Restaurant
Introduction:
This contractual document shall govern the General Conditions for contracting services related to events related to bachelor/bachelorette parties and corporate events (hereinafter, “Conditions”) through the website. www.restaurantedespedidas.es, property of Eventos Terra y Mar S.L. under the commercial name of Viajes As de Picas, hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Web.
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, since those in force at the time of placing the order will be applicable.
Contracts shall not be subject to any formality with the exception of 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:
– You have read, understand and comprehend the above.
– It is a person with sufficient capacity to contract.
– Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
It is recommended that you keep these Conditions in a durable medium.
Identity of the contracting parties
On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is:
– Terra y Mar S.L. Events
– CIF B98416654
– Address at Calle Maestra Rosario Iroil, 7 Bajo, 46910 Benetússer (València)
– Registered in the Mercantile Registry of Valencia. Volume: 9438 Book: 6720 Page: 110 Sect. 8 Sheet: V-147467 I/A 2 828-04-2015)
– Travel Agency No. CV-Mm1418-V
– Trade name Viajes As de Picas
– Trademark Restaurant La Cena de los Locos
– Customer/USER service phone +34 961 041 015, +34 678 723 849, +34 692 652 604.
And on the other hand, the USER contractor (user) or Client, who wishes to hire the services offered by the PROVIDER is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the quotation and it is formalized with the total or partial payment of the service.
The contractual relationship of purchase and sale entails the execution, in exchange for a determined price and publicly exposed through the website, an estimate, a pack, individual service or specific service.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age. Therefore, the
USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data. You can find more information in the Legal Notice and in the Privacy Policy of our website.
Remember that at any time you can exercise any of your data protection rights by sending your request to Calle Maestra Rosario Iroil 7 Bajo, 46910 Benetússer (València) or to gdpr@grupoasdepicas.es.
The contracting procedure will follow the following steps:
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placement of an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
The contract shall be governed by the provisions of these general conditions, as well as by the particular conditions that can be found in the description of the services (or those that may be specified in the quotation).
2. CONTRACTING
In order to contract any of our services, you must contact +34 961 041 015, +34 678 723 849, +34 692 652 604, through the web form provided for this purpose, email: info@grupoasdepicas.es or any of the channels provided for this purpose, indicating your request, the number of attendees, the service you want, etc. and we will send you a quote. This will be adjusted as many times as necessary until you are satisfied with the chosen services.
For the formalization of your quotation and reservation of the contracted service (unless otherwise specified or another method is specified in the particular conditions of the chosen service or event, provided in the quotation), you must:
Formalization and reservation: For the formalization and reservation of your budget and chosen service, you must pay the amount assigned to you in the budget (which will depend on the chosen or contracted service). If this is not done, we will not proceed with the formalization of your reservation. Remember to send us by e-mail the proof of your payment.
2. Once the reservation is confirmed, it is considered firm. We will proceed to adjust and customize the offer until we have a final offer, and the customer must pay the remaining amount (if any) at least 15 working days prior to the date of commencement of the chosen service. If after this period of time the total amount of the reservation or order has not been paid, it will be cancelled.
Together with these general conditions, the Consumer shall be provided with the offer corresponding to the contracted service, which offer shall be suitably modified jointly by the Client or Contracting User and the Organizer-Realizer according to the special conditions both for the characteristics, needs and requirements of the Client or Contracting User and for the real possibilities of the Organizer-Realizer.
Bonds: Accommodations:
In order to guarantee the correct replacement of the accommodations and rental spaces, a deposit in cash or by credit card must be paid to the establishment upon arrival at the center of the event. Deposit to be refunded upon departure at the time of vacating if there are no damages or on subsequent days without or it would have been possible at the time of departure (this may occur when a client for example rents a villa or a space and the owner can not go to check it). The deposit will vary depending on the type of accommodation or space chosen. If you would like more information about the bond that may apply to you, please contact us.
In the event of damage to the accommodation or loss of keys, this will be deducted from the deposit. If the deposit does not cover the damages, the client must pay the remaining amount that could be charged from the credit card used as a guarantee or deposit.
Lack of execution:
In case of lack of availability, the user or client will be entitled to a full refund of the deposit, not being able to claim more than the amount deposited for any concept. They will be returned in less than 30 days.
Attendance of minors at contracted services:
Minors may attend the contracted services, as long as they are accompanied by an adult and an authorization from the legal guardian is provided. At the time of contracting, you must notify us of the attendance of a minor. We are not responsible for omissions on the part of the customer.
3. CANCELLATIONS
You, as a client or contracting user of the services offered, may cancel your reservation at any time and for any reason and/or claim any possible defects or flaws in the reservation (please note that you may be penalized depending on when you exercise your right of cancellation). To do so, the user contractor (not another person) must write to us at info@grupoasdepicas.es, indicating the corresponding invoice or reservation number and his request.
In case of refund, the USER may be penalized for the following concepts:
1. Cancellation more than 15 days prior to the date of commencement of the service, the penalty will be 0% of the total amount, except for management fees, if any.
2. With cancellation between 15 and 8 days prior to the date of commencement of the service, 50% of the total amount, except for management fees, if any.
3. With cancellation between 8 days and the last 24 hours prior to the date of commencement of the service, 75% of the total amount, except for management fees, if any.
4. With cancellation within the last 24 hours prior to the date of commencement of the service, 100% of the total amount, including management and cancellation fees.
5. Services or reservations containing lodging or boat party services: With cancellation less than 15 calendar days, the penalty will be 100% of the total amount.
Additional compensation for cancellations:
The organizer may cancel the contract and reimburse the traveler for all payments made by the traveler, but shall not be liable for any additional compensation if:
a) the number of persons registered for the package is less than the minimum number specified in the contract and the organizer or, if applicable, the retailer notifies the traveler of the cancellation within the period specified in the contract, which shall be no later than:
1. twenty calendar days prior to the start of the package in the case of trips of more than six days’ duration,
2. seven calendar days prior to the start of the package for trips of two to six days in duration,
3. forty-eight hours prior to the start of the package in the case of trips of less than two days’ duration, or
b) the organizer is prevented from performing the contract by unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without undue delay before the start of the package.
Cancellation by the organizer:
In circumstances of force majeure or exceptional circumstances, for example, in the event of serious security problems at the destination that may affect the pack, individual service or contracted service, as well as minimum capacity or other circumstances that may cause the cancellation of the contracted service or due to essential modifications that conform the contract and as long as the reason is not attributable to the Consumer:
– Another service of equivalent or superior quality to the one contracted, provided that the Organizer-Realizer is able to offer it.
– Refund of the amount of the service affected by force majeure.
Entitlement to these cases will be given provided that:
1. The cancellation is due to not having reached the minimum number of participants required for the performance of the service or event.
2. The cancellation is due to force majeure and/or sufficient cause, circumstances beyond the control of the party invoking them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence: these reasons may occur at any time.
Price Review:
Upon delivery of the first quotation to the Client or Contracting User, the latter shall make the appropriate modifications in coordination with the Organizer-Producer according to the special conditions, within the following 15 days. Thus, the present term shall be extended successively until the delivery of the last quotation, and the last period shall be counted as such.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION.
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: Eventos Terra y Mar S.L., Calle Maestra Rosario Iroil 7 Bajo, 46910 Benetússer (València) Telephone: +34 961 041 015, +34 678 723 849, +34 692 652 604. E-mail: info@grupoasdepicas.es
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, 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 will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Exceptions:
1. Negligence or omission of services provided by third parties and attributable to them (means of transportation, restaurants, catering, discotheques, sports facilities, activities, etc.).
2. Theft or damage caused by third parties.
3. The use of swimming pools, children’s playgrounds and sports facilities of any kind (e.g. tennis courts, soccer fields, etc.), these being strictly under the responsibility of the user.
4. Eventos terra y mar S.L. is not responsible in case of works or constructions near the vacation property.
5. Everything described in the voucher is the contracted services except for typos.
6. The companies that offer the services are not responsible for the non-compliance of their own clients, or for the ignorance and misuse of their facilities or materials by other users or institutions.
7. We are not responsible for the possible deterioration due to aging or wear of the facilities and the consequences that these facts may derive.
8. Our company is only an intermediary of the services included in the packages, we are not responsible for a possible bad service, in case of having to make a claim would correspond to the company that made the service. Notwithstanding the above, we will forward your questions and complaints to the organizer for a better user experience.
9. The safety rules for parties on boats are drafted and required by the owner or company that owns the boat, so any claim that may arise in this regard will be made to that company.
10. The menus are subject to change or modification without prior notice.
11. The particular conditions detailed in the quotation or specified in the brochures and/or website shall prevail. Be sure to read them thoroughly and keep a copy.
12. In the programs or quotation there may be non-refundable services, which due to special characteristics such as low availability, special rates or other reasons, may be non-refundable from the moment they are accepted (we will notify you of this in the particular conditions).
5. COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
6. GENERAL INFORMATION ABOUT THE OFFER
You can find detailed information about each of the services we offer in the corresponding section of our website. The specific conditions that comprise a given service will be sent to the user contractor in the requested quotation and/or at the time of requesting information.
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions. No modification, alteration or agreement contrary to Eventos Terra y Mar S.L.’s Commercial Proposal or to what is stipulated herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements and conditions shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the services offered is affected.
Inputs and Outputs:
Lodging: It will depend on the type of accommodation chosen. In general, check-in time will be from 2:00 p.m. and check-out time will be before 12:00 noon. As a general rule, the conditions and rules of the establishment itself will always prevail. Be sure to consult them before your accommodation.
Accesses or Entrances:
The entrances or accesses to the premises, pubs and discotheques are subject to the regulations and conditions of the company that issues them or the management of the premises. Eventos Terra y mar S.L. is not responsible for their modification or cancellation. It is recommended to comply with the usual access regulations such as: Good presence and comply with the access schedule if there is one, usually in the case of free access or tickets, respect the minimum age allowed, do not wear costumes, do not go under the influence of alcoholic beverages or narcotics, keep a minimum standards of conduct, etc..
Restaurants or Packs:
In the event that the customer is extremely late, he/she may lose the service due to normal kitchen closures or meal shifts and no refunds or compensation will be given. In the event that any customer does not comply with the rules of the premises such as prohibition of access with costumes / party accessories, unseemly clothing, excessive noise that disturbs other users, cause problems, do not follow the rules of conduct, do not comply with the rules provided herein, ignore the staff. You will be invited to vacate the same, without any refund or compensation.
Eventos terra y mar S.L. reserves the right to substitute the restaurant and menu for another of similar characteristics, normally due to capacity issues.
Eventos terra y mar S.L. reserves the right to suspend the party if the day before the party has not reached the minimum required quota of 30% of available places, in which case it will be proposed to attend another party or the total amount paid will be refunded within a maximum period of 15 days.
Regarding entrances or access to premises, pubs, discotheques, etc., the conditions are marked in the point “Access or Entrances”.
Eventos terra y mar S.L. is not responsible for possible errors or negligence caused by the management of the restaurant, catering company or third parties.
Boat parties:
The schedules and mooring points of the boats are subject to change by the authorities responsible for each seaport, in which case the company will be responsible for notifying the change as soon as possible.
Eventos terra y mar S.L. reserves the right to suspend the party if the day before the party has not reached the minimum required quota of 30% of available places, in this case it will be proposed to attend another party or the total amount paid will be refunded within a maximum period of 15 days.
Departure times depend on the maritime authorities, and these authorities may modify the schedules without prior notice.
For safety reasons, access to the boat is forbidden to pregnant women over 4 months pregnant, as well as people with reduced mobility since the boat is not adapted. Please consult the access conditions and let us know if you have any questions.
a) Compulsory compliance:
It is strictly forbidden for safety reasons to access the boat with symptoms or under the influence of alcohol or any narcotic substance.
The person participating in the parties is obliged to follow the indications of the sailors and working personnel.
b) Cancellation conditions:
In the event that the client does not show up at the boarding time indicated, the service will be forfeited and no refunds or compensation will be made.
In the event that any customer causes problems, does not follow the rules of conduct, does not comply with the rules set forth herein, disregards the indications of the sailors or personnel on board. You will be invited to vacate the vessel, without any refund or compensation.
Eventos terra y mar S.L. reserves the right to substitute the boat for another of similar or superior characteristics.
Eventos terra y mar S.L. reserves the right to suspend the party if the day before the party has not reached the minimum required quota of 30% of available places, in which case it will be proposed to attend another party or a refund will be made within a maximum period of 3 days.
Eventos terra y mar S.L. reserves the right to modify the menu or catering of the boat due to the needs of the event or technical issues beyond the company’s control. Eventos terra y mar S.L. reserves the right to modify or even suspend the activities for reasons beyond the control of the different companies providing the service due to safety reasons (weather conditions, technical problems and breakdowns, breach of contract by the sponsor or poor physical condition of the client).
The suspension of the party by Eventos terra y mar, implies the total refund of the amount paid or proportional if the activity had already started. There are no refunds in case of suspension of the party due to weather conditions once it has started.
Other aspects:
The general conditions mentioned constitute an integral part of the contract stipulated between you and Eventos terra y mar S.L.
Eventos terra y mar S.L. reserves the right to use for promotional purposes all photographic or other records taken during the arrangement of all types of activities. Any objection to this must be submitted in writing no later than 14 days after the recording.
The videos, photos and advertising images are not contractual and may not correspond to the service.
The participant and / or the buyer is liable to the organizers for any damage or any other inconvenience caused by his own actions or his omission, or by actions of third parties not permitted by him.
7. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each pack or individual service include Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes, travel insurance, shipping, handling, wrapping, insurance or any other additional services and annexes to the service purchased.
The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
If once the service is contracted, there may be a non-availability of certain services, you will be offered alternatives similar to the initial service (in alternatives of higher range, the price may increase), we will also offer you the refund of the amount paid in case of not reaching an agreement.
The price of the pack or service contracted may only be increased if specific expenses are incurred, for example, in fuel prices and if expressly stipulated in the contract, and in no case in the last twenty days prior to the start of the pack or individual service. If the price increase exceeds eight percent of the price of the pack, or individual service, the USER may terminate the contract. If the PROVIDER reserves the right to increase the price, the USER shall be entitled to a price reduction if the corresponding costs are reduced.
The prices indicated include:
Only the services included and detailed in the quotation offered by the Organizer-Realizer. In case of doubt, the client or user contractor shall consult with the same before the start of the service in order to avoid later claims. As a general rule, a literal criterion must be followed, which leads to the conclusion that any item or service that is not specifically detailed is not included in the price of the service offered.
Prices do not include:
In general, prices do not include any service and/or concept not expressly indicated in the Program, Schedule or Quotation, in the contract or in the documentation delivered to the Consumer. Some free services are not included in the price, such as tickets or access to discotheques and other similar venues.
Free gifts or services are not included (photos, photoshoots, transportation, animations, t-shirts, vouchers, waiter, cakes, bands, VIP services, additional discounts, etc.).
Towels are not included in the service if the accommodation is contracted.
Errors or omissions:
The PROVIDER shall not be liable for booking errors attributable to the USER or caused by unavoidable and extraordinary circumstances.
If, when the pack or individual service is started, significant elements of the same cannot be provided, the PROVIDER shall offer the USER adequate alternative formulas, at no additional cost. The USER may terminate the contract without paying any penalty in case of non-performance of the services when this substantially affects the performance of the pack, or individual service and the PROVIDER fails to solve the problem.
You agree to receive your invoice electronically at the email address provided. To apply, please write to us at info@grupoasdepicas.es. For any information about the order, the USER may contact the PROVIDER’s customer service telephone +34 961 041 015, +34 678 723 849, +34 692 652 604 or via e-mail to info@grupoasdepicas.es.
8. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order or reservation:
– Bank transfer.
– Cash deposit to our bank account number.
– On-site or online dataphone (upon request).
Remember that it is mandatory for a reservation to be processed, that the process has to be as the commercial informs, that once the payment of the deposit (in a single payment) or in full, as soon as possible, send the proof of payment by email to the address of the PROVIDER from the address of the USER (the one provided to the commercials) indicating the services you want to book, the final number of places, especially in case of variations or modifications, and specify all the schedules, meeting points and other conditions to be taken into account, so that the reservation can be processed correctly. If the service to be booked includes accommodation, please indicate the number of nights, check-in date, check-out date and type of room if specified (single, double, triple, quadruple, etc.), bearing in mind that the price may vary depending on the number of persons per room. It is also necessary to indicate if you are requesting accommodation with private room or private bathroom, especially in reservations with hostel, hostel or bungalows, because this type of accommodation may not meet this condition.
Discounts are not cumulative, in case you are eligible for several discounts, you will have to choose the most convenient one.
9. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any 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 or follow any of the obligations set forth herein or any applicable provision of law, 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.
10. WARRANTIES
The guarantee of the services offered will respond to the following articles based on 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:
Conformity of services with the contractUnless there is evidence to the contrary, the services shall be deemed to be in accordance with the contract provided that they meet all of the following requirements, unless, due to the circumstances of the case, any one of them is not applicable:
a) Conform to the description provided by the PROVIDER.
b) Are suitable for the uses to which services of the same type are ordinarily destined.
c) Are suitable for any special use required by the USER, when the USER has informed the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has admitted that the service is suitable for such use.
d) They present the usual quality and performance of a service of the same type that the customer may reasonably expect, taking into account the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.
e) The PROVIDER describes the details, technical characteristics and photographs of the properties provided by the property owners, so that the PROVIDER is not bound by these public statements.
2. The lack of conformity resulting from a service not performed or rendered shall be considered as a lack of conformity of the contract, as long as the responsibility for the same lies with or under the responsibility of Spades As Spectacles; on the contrary, when the service not performed or rendered is due to negligence or bad practice of the USER, it shall not be considered any fault of the Provider and shall be considered in accordance with the terms of the contract.
3. There shall be no liability for non-conformities that the USER knows or could not have been unaware of at the time of the conclusion of the contract or that have their origin in information provided by the USER.
11. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly set forth herein. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services object of these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Conditions.
12. OTHER
The client, on behalf of himself and the persons that compose his group, accepts to have read, understood, accepted and communicated to all the interested parties, each and every one of the clauses contained in the present contract. Failure to read these conditions does not exempt you from complying with them.
