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Terms of Use

1. Introduction

The following general terms and conditions of use ("Terms of Use") govern the access and use of the website www.hoteltreats.com and its subsites (the "Website") by its Users, as well as the terms that will apply to any purchase of any experience published on the Website made by its Clients.

The access and navigation of the Website by the Users constitute an explicit and unconditional manifestation of their full acceptance of the Terms of Use presented here. If the User disagrees with any part of these Terms of Use, they must not use this Website.

These Terms of Use govern the use of this Website and its subsites. Together with the Privacy Policy and the Cookies Policy, they constitute the entire agreement between the User, Client, Beneficiary, Hotel Treats, and supersede all previous agreements made between the User and Hotel Treats.

The acceptance of these Terms of Use by the Client will be an essential requirement for the formalization of any contractual relationship between the Client and Hotel Treats, through the corresponding order referred to in clause Twelve of these Terms of Use. Any modifications of the Terms of Use will come into effect for Users and Clients from the moment of their publication on the Website, so it is recommended that Clients review them before making any purchase on the Website.

Hotel Treats makes available to its Clients the possibility of gifting the experiences offered on the Website to a third-party Beneficiary, therefore it is essential that the use of the Voucher is subject to the provisions of these Terms of Use. In this sense, the Client declares that he will inform and obtain the agreement of the third-party Beneficiary to these Terms of Use before the Voucher is redeemed or exchanged by this third-party Beneficiary.

2. Ownership and identification data

The owner and proprietor of this website is Hotel Treats Ltd. (hereinafter "Hotel Treats"), a company incorporated in England and Wales with registration number 10740788 and registered office at International House, 24 Holborn Viaduct, London, England, EC1A 2BN. Additionally, Hotel Treats Ltd. is the sole owner of the Spanish company Hotel Treats España S.L., a company incorporated in Spain, with CIF number B44863231 and registered address at Son Rullan 43, Calle A, 07009, Palma de Mallorca, Spain.

Users can contact Hotel Treats to ask questions, make inquiries, or discuss other matters by phone at +34 871 51 00 40 (9:00 - 19:00 CEST) or via email at info@hoteltreats.com.

3. Definitions

User(s): User of the Website, whether or not they have purchased a Voucher.

Client(s): User of the Website who has purchased a Voucher.

Beneficiary(ies): Person(s) who use(s) the Voucher.

Service Provider: The company providing the experience listed on the Website.

Voucher(s): Document received by the Client and/or Beneficiary upon completing the purchase of the offered experience on the Website.

4. Copyright and Trademarks

All elements present on this Website, including but not limited to texts, graphics, logos, button icons, images, sound files, and software, are the property of Hotel Treats or its content partners and are regulated by national and international laws on industrial and intellectual property.

The compilation (including the collection, arrangement, and assembly) of all content on this Website is the exclusive property of Hotel Treats and is protected by national and international laws on industrial and intellectual property. All software used on the Hotel Treats Website, whether developed by Hotel Treats or its software partners, is protected by national and international laws on industrial and intellectual property.

Any additional form of use of the material contained on this website, including but not limited to reproduction, modification, distribution, transmission, subsequent publication, display, or representation in whole or in part, is strictly prohibited.

Specifically, any use of the images contained on the Hotel Treats website outside of this Website is strictly prohibited without the express consent of Hotel Treats or its partners.

Hotel Treats, as well as other product names, services, graphics, and logos of Hotel Treats, are protected trademarks owned by Hotel Treats. The names of other products, services, and companies mentioned in this document may be registered trademarks of their respective owners.

Hotel Treats reserves the right to unilaterally modify the presentation and configuration the Website.

5. User Commitments

Users fully, expressly, and without exception accept these Terms of Use, and in this regard, the User declares:

• That they have read, understood, and comprehended the contents presented in this document.

• That they will make proper use of the services and/or contents of the Website and will not employ them to carry out unlawful activities or activities that constitute a crime, which may disrupt the functioning of the Website, other Users, Hotel Treats, Collaborators, or third parties.

• That they will not infringe the directives established in the robots.txt file of the Website.

• That they will not engage in any systematic or automated data collection activities (including, among others, scraping, data extraction, and data gathering) in relation to the Website.

• That they are of legal age and have the necessary capacity to use this Website.

• That they accept all the responsibilities and obligations established in these Terms of Use.

Hotel Treats reserves the right to suspend or cancel Users' accounts or restrict access, either partially or entirely, to the Website. The User undertakes not to bypass or attempt to bypass any access restriction measures on the Website.

The User must ensure that all information provided to us through the Website or in relation to the Website is true, accurate, up-to-date, complete, and not misleading.

6. Typology of vouchers offered on the Website

The vouchers sold on the Website have a multipurpose nature according to Resolution 18094 of December 28, 2018, from the Directorate-General of Taxes, regarding the treatment of vouchers in the Value Added Tax. BOE No. 315, Sec. I. Page 130959-130964.

Hotel Treats issues multipurpose vouchers that, at the time of purchase by the Client, entitle the Beneficiary to redeem them for any experience or service published on the Website. The Beneficiary can choose to enjoy the experience indicated on the voucher or exchange it for any other experience offered on the Website. If the Beneficiary chooses to enjoy an experience that has a lower value than the one indicated on the voucher, the Beneficiary can retain the remaining balance in their wallet for future purchases on the Website until funds expire as specified in paragraph 6 of these Terms & Conditions. If the Beneficiary chooses to enjoy another experience that has a higher value, they will be able to pay in the difference.

Vouchers issued with immediate reservation also have a multipurpose nature and the Client and/or Beneficiary can exchange them for any other experience offered on the Website provided they offer a minimum 48 hours cancelation notice to the Service Provider.

Exceptions: The vouchers issued for experiences at the following hotels are issued as single-use vouchers, and therefore, the Beneficiary cannot exchange them for any other experience: Sheraton Mallorca Arabella Golf Hotel, The St. Regis Mardavall Mallorca Resort, Castillo Hotel Son Vida, a Luxury Collection Hotel Mallorca, Gecko Hotel & Beach Club, and all Hospes Hotels properties.

7. Expiration of Vouchers

Most of the Vouchers sold on this Website have a one-year validity. However, some of the Vouchers might have different validity. The Website will always indicate the validity of each Voucher on the product page. By proceeding with the purchase, the Client confirms full acceptance of the validity of the Voucher purchased. After the Voucher reaches its expiration date, it can no longer be used.

After a Voucher has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value of the Voucher expires on the expiration date and can no longer be used to purchase any experiences on the Website.

8. Availability of Experiences

All Vouchers sold on this Website are subject to availability. Bookings are recommended to be made at least 2 weeks in advance of the preferred date. If the Client or Beneficiary want to reserve their experience for peak days (such as weekends or holidays), they should book further in advance. Please be advised that some experiences display availability dates on the Website. These dates are guidelines only and are subject to change.

All the experiences are subject to removal from the Website at any time without notice.

In the event that a Client or Beneficiary has sought to use the Voucher for the experience that has been removed from the Website and the Service Provider is no longer honoring bookings or the experience is otherwise no longer available, they will be offered a choice of remedy, such as credit for the value of the voucher (which will be given to the Beneficiary of the voucher), or an alternative experience of the same value (if available).

In this case, the Credit offered will have the same expiration date as the original Voucher.

Hotel Treats accepts no liability for the removal of experiences from the Website.

9. Hotel Treats’ role

Hotel Treats acts solely as an intermediary between the Client  and the Service Providers, such as hotels, spas, restaurants, golf courses, or similar establishments.

Hotel Treats is not a party to, nor involved in any way, in the relationship between the Client or Beneficiary and the Service Provider, except to facilitate the marketplace transaction between them. Once the Client and/or Beneficiary have completed the booking with the Service Provider, they will be subject to the cancellation clauses established by the provider.

Hotel Treats does not provide the services or experiences of the Service Provider.

Hotel Treats shall not be liable to any person in relation to the offer for sale or provision of the services advertised on the Website.

Hotel Treats is not responsible for fulfilling any contractual obligations that arise between the Client/Beneficiary and the Service Provider, and shall have no obligation to mediate between the parties to such a contract.

Hotel Treats has ongoing contracts with the Service Providers and strives to ensure that services are provided to high standards. However, the ultimate responsibility for the services rendered lies directly with the Service Provider.

By purchasing a Voucher, the Client/Beneficiary acknowledges that the provision of services depends on certain factors beyond the control of Hotel Treats and agree that Hotel Treats is not responsible for the cancellation or alteration of a Voucher due to reasons beyond our reasonable control, including but not limited to weather conditions, insolvency, pandemics etc.

10. Limitations and Exclusion of Liability

Hotel Treats makes every effort to ensure that the Service Provider meets the highest quality standards according to the offered experience. However, any liability incurred by the Client or the Beneficiary caused by the negligence of the Service Provider is the responsibility of the Service Provider. Hotel Treats is not responsible for any loss, damage, death, or personal injury to the Client and Beneficiary while enjoying a Voucher sold on this Website.

Hotel Treats is not responsible for losses arising from any event or events beyond our reasonable control.

The Client and Beneficiary agree that Hotel Treats has an interest in limiting the personal liability of our employees and officers and, considering that interest, acknowledges that we are a limited liability entity. The Client and Beneficiary agree not to make any claims against our employees regarding the losses suffered in connection with the Website and these Terms of Use.

11. Indemnification

The User, Client, and Beneficiary agree to indemnify Hotel Treats, as well as its employees and officers, against any claims, liabilities, damages, losses, and expenses, including, among others, legal expenses and any amounts paid by Hotel Treats to a third party in the settlement of a claim or dispute, arising directly or indirectly from the use of the Website or any breach by the User, Client, and Beneficiary of any provision of these Terms of Use.

Hotel Treats shall not be liable for additional expenses incurred due to travel delays, force majeure, or events beyond our control. Force majeure or unavoidable and extraordinary circumstances are unusual and unforeseeable circumstances beyond our control, such as war or threat of war, riots, civil unrest, terrorist activity, industrial disputes, natural or nuclear disasters, significant risks to human health such as the outbreak of pandemics, fires, or adverse weather conditions.

12. The Purchase Process

Once the Client completes the purchase process of a Voucher on the Website, the order will be formalized, subject only to validation by Hotel Treats that the payment for the order is correct. After the formalization of the order, the Client will receive a confirmation email.

Without prejudice to any other means of proof admissible in law by Hotel Treats, the data stored in the databases that retain information from Hotel Treats are considered evidence regarding the orders placed. Data concerning the computer or electronic support that is routinely preserved constitutes valid evidence and can be presented to the same extent and with the same evidentiary value as any document received and preserved in writing.

The accepted payment methods on www.hoteltreats.com are via credit or debit card.

Payments are processed through our payment gateway MangoPay (Mangopay S.A) or through the Service Provider's payment gateway.

Before proceeding with payment, the User must read and accept the Terms and Conditions of Mangopay: https://mangopay.com/terms/MANGOPAY_Terms-EN.pdf. In addition, the User should review the frequently asked questions about money safeguarding. If the Service Provider's payment gateway is used, the User must review and accept their Terms and Conditions separately.

13. Invoice Requests

Hotel Treats acts as an intermediary and therefore cannot issue invoices to the Clients for the services offered. If a Client requires an invoice, they may request it from the Service Provider after redeeming their Voucher.

14. Cancellations

The Client has the right to withdraw and therefore cancel the purchase of the Voucher acquired on the Website within a period of 14 calendar days from the date of purchase. The Client will lose their right to cancel the Voucher if it has been redeemed during this period.

Hotel Treats will proceed to refund the corresponding amount to the Client using the selected payment method at the time of purchase, within a maximum period of 30 calendar days since the cancellation request has been made.

Hotel Treats will refund the Voucher amount to the Client if no reservation has been made with the Service Provider. After the 14 days period, the purchase is final, and the refunds will not be made.

The Client can cancel Vouchers within the 14-day period and with immediate reservation up to a maximum period of 48 hours before the date initially confirmed with the Service Provider.

Refunds can be requested by email at info@hoteltreats.com.

15. User Reviews

The Client/Beneficiary can write reviews about their purchasing experience and/or services provided by the Service Provider. The Client/Beneficiary agrees to provide honest, reasonable, and authentic reviews.

The Client/Beneficiary gives consent for the publication of their reviews, including the name indicated in them, on the Website and on third-party pages for informational and/or commercial purposes. Hotel Treats reserves the right to publish or not publish any reviews.

16. Limited Guarantees

Hotel Treats cannot guarantee:

  • The completeness and/or accuracy of the information published on the Website.
  • That the information on the Website is up to date.
  • That the Website or any offered service will remain available.
  • That the images illustrating the services presented on the Website and on the Voucher correspond to the characteristics and details of the services.

17. Giveaways General Terms and Conditions

These general terms and conditions apply to all giveaways organized by Hotel Treats:

  1. Hotel Treats may conduct one or more giveaways through its social media channels, newsletter, and, among others, directly on the Website. To participate in the giveaway, we may or may not require the participant to make a purchase on the Website.
  2. The announcement of each Giveaway on the mentioned channels explains the participation procedure.
  3. If the participant is under 18 years old, they must obtain approval from their parents or legal guardians to participate in the Giveaways. Hotel Treats may request, at any time, that you provide us with proof of age and/or identity and/or parental approval, if applicable. Hotel Treats may exclude any participant who cannot provide such proof.
  4. The promotional prize will be the Hotel Treats product as indicated in the Giveaway announcement. The prize is as stated, and no cash or alternative prizes will be offered.
  5. Winners will be randomly selected from all correct entries. Winners will be notified through Hotel Treats' official accounts via DM, email, or newsletter. If any of the winners cannot be contacted or fails to claim the prize within 48 hours following the announcement, Hotel Treats reserves the right to withdraw the prize from that winner and choose a replacement winner. Hotel Treats' decision regarding all matters related to the Giveaways will be final and not subject to review or appeal by any participant or third party.
  6. By participating in the Giveaways, each participant agrees to release and hold Hotel Treats, its legal representatives, its respective officers, directors, employees, and agents harmless from any damage suffered in connection with the Giveaways, other than the acceptance of the prize.
  7. Each winner agrees that, by participating in a Giveaway, Hotel Treats may disclose the winner's name and social media account name without the need for further approval, including posting on a list of winners on Hotel Treats' social media accounts or in the newsletter.
  8. Hotel Treats reserves the right to cancel the Giveaways at any time or change its terms and conditions at its sole discretion, and such changes will take effect immediately upon posting.

18. Third-Party Links

The Website includes hyperlinks to other websites that belong to and are operated by third parties. Such hyperlinks are not endorsements, and we accept no responsibility for the quality, content, nature, or reliability of the websites and content accessible through the links on our Website or the websites with links to Hotel Treats that are under the control of others.

19. Changes

Hotel Treats reserves the right to revise and modify these Terms of Use at its discretion. The revised Terms of Use will come into effect upon posting and will replace the existing Terms of Use. The User waives the right to be notified or to give consent to the revisions of these Terms of Use.

20. Nullity and Ineffectiveness

If any of the provisions contained in these Terms of Use are considered, in whole or in part, invalid or ineffective, such invalidity or ineffectiveness shall be limited solely to that provision or the part thereof that is deemed invalid or ineffective, without affecting the validity and effectiveness of the remaining provisions of the General Conditions.

21. Transfer of Hotel Treats Gifts
 
The Vouchers purchased on this Website cannot be resold or offered for resale or used for advertising, promotion, or other commercial purposes. If a Voucher is sold or used in breach of this condition, the Voucher will be cancelled without a refund and the Client and/or Beneficiary will be unable to use this Voucher. Hotel Treats cannot guarantee the validity of any Voucher offered for resale on 3rd party websites.

22. Legislation and Jurisdiction

Any controversy, discrepancy, issue, or claim arising from the execution or interpretation of these Terms of Use and the experiences acquired on the Website, whether of a technical, legal, or economic nature, shall be submitted to and definitively resolved in accordance with the current Spanish legislation.

Users can access the European Union's online dispute resolution platform by following this link: http://ec.europa.eu/odr.

23. Contact

Users may contact Hotel Treats to address any doubts, inquiries, or other matters via phone at +34 871 51 00 40 (9:00 - 19:00 CEST), via email at info@hoteltreats.com, or by postal mail at the following address: Son Rullan 43, Calle A, 07009, Palma de Mallorca, Spain.

These Terms of Use were last updated on 11.05.2023.