10.1 Terms and Conditions for Offering Gastronomic Experiences
10.1.1 Registration as an Expert User in Gastronomic Experiences.
If you are interested in offering gastronomic experiences on the home page of the Platform you have a link called "Offer a gastronomic experience".
When you click on this link you will find the requirements to be able to offer one or more Gastronomic Experiences in the Foodiestay Platform. It is an essential requirement that you are an entrepreneur, either as a natural person (self-employed) or through a society, having among your activities the provision of gastronomic services. You must also state (i) in the case of a self-employed person, your full name and surname, the address, NIF and an e-mail address, as well as a mobile phone, which will enable us to contact you, and (ii) in the case of a limited or public limited company, its name, registered address, legal representative, identifying the position held and its full name and surname, and also an e-mail, as well as a mobile phone, which will enable us to contact you.
By registering as a User of Gastronomic Experiences you are declaring that you comply with all the regulations concerning the activity in which the experience consists, in all areas, especially tourism regulations, administrative (licenses), labor, tax, etc.., obliging you to keep the User free of your experience and / or Foodiestay of any damage that might suffer from such a breach.
You must also answer the following questions related to your experience as a gastronomic entrepreneur: How long have you been registered as an entrepreneur offering gastronomic experiences, how long have you been offering the gastronomic activity you intend to offer, and (i) if you have official training, recognitions or awards related to the gastronomic offer you will offer, (ii) if you have ever offered the activity on another platform, (iii) and any other reference to your experience as a provider of gastronomic services.
Once you have entered your details, if you are interested in registering on the Platform you must click on "I want to register to offer experiences", which means expressly accepting all the terms and conditions of the Platform. When you accept, you will be assigned a user number to facilitate negotiations between users and between them and the Platform. In this screen you will be able to start the process to upload to the Platform the experiences that you want to offer in it.
When making Gastronomic Offers in the Platform the User knows and accepts that this does not tolerate discrimination, which is an obstacle for users who hire the offer and their families or friends, if it were the case, if you do not fulfill this commitment you will not be able to offer experiences in the Platform. Accredited the breach of this obligation you will not be able to offer gastronomic experiences with Foodiestay being able to cancel your account. If you do so, all reservations you have pending will also be cancelled and you will not be able to offer experiences from our website.
Before deciding whether to accept or reject a reservation request, review the reasons that lead you to make a decision to ensure that they are not based on prejudice, if the rejection is made in compliance with any legal obligation must be recorded when announcing your experience. You cannot refuse a guest because of his or her disability. If your premises have accessibility difficulties so that Users with disabilities can access them, please make this clear in your advertisement in order to warn them in advance.
The User who offers Gastronomic Experiences is obliged to accept the cancellation in case of Force Majeure, with a refund of the amounts charged or waiving the amounts that would correspond.
10.1.2. Register of premises and gastronomic experiences
A. Registration of premises
Once you have registered as an individual or company in the Platform you can register in the same one or more premises that you have legally registered to provide gastronomic services so that you can introduce experiences with respect to those that interest you at all times. When you click on "Registration of a local to provide gastronomic experience services" you will be asked for its address, the name under which the establishment rotates and you can also include additional information about it (views, proximity to places recommended for tourists, etc.).
B. Registration of gastronomic experience offers
In order to offer an experience, you will have to fill in the sections provided with regard to the place or places for which it is applicable:
- Designation of gastronomic experience', this designation must be related to the experience and directly linked to it without misleading users. Some examples of possible gastronomic experiences are given, including but not limited to: 'Lunch', 'Dinner', 'Lunch/Dinner Menu', 'Brunch', 'Tasting', 'Workshop of [...]', 'Cooking Classes of [...], 'Dinner-Concert', 'Romantic Dinner', etc.
- Local registered by the Expert Gastronomic User and domicile of the same one, where the Experience is offered
- "Description of the characteristics of the gastronomic experience." In this section you must develop the characteristics of the experience named according to the previous section indicating (i) whether it has been created for a specific type of user, (ii) whether there is a minimum or maximum size of the group of people hiring the experience, (iii) the start time of the experience and its approximate duration must also appear, and (iv) you must also indicate the minimum notice for a user to contract the experience, which may not exceed 48 hours.
- Period of validity of the offer" and "Effective days of the week for the hiring of the experience" (e.g. closed on Mondays for staff rest).
- Price applicable to the offer", indicating in case of affecting a plurality of people the price per person, and if applicable the price for children (considering as such children under 12 years). Children under the age of 3 will not incur any cost and may attend free of charge.
- Value Added Tax/VAT", applicable to the price offered in the previous section, and
- Price with VAT", sum of the two previous concepts for the totality of the contracted participants.
It is obligatory to upload some photo related to the experience offered as well as to facilitate key words with respect to the same one, being able to choose some of the drawings designed by the Platform to group experiences. Its completion is important to facilitate the searches of the Users.
Unless you expressly indicate it in the description of the gastronomic experience, users will not have to wear anything on the day of the experience. Unless expressly specified otherwise, Users may come with minor children.
The language that will appear when consulting your Experience in the Platform will be the one you have predetermined in the home page, although you will be able to add its translation to other languages. Foodiestay may, but is not obliged to, translate any of the experiences offered into another language(s). In case they are described in more than one language, users will be able to apply filters to find the experiences in the language they prefer.
Insofar as the users of the offers may be foreigners, you must indicate in the description of your offer whether these users must speak and understand the Spanish language, whether they must understand it a little, without mastering it, or whether it is not necessary for them to speak or understand the Spanish language in order to enjoy the experience (indicating the languages in which they may be attended).
Unless there is a justified explanation, users will meet you at the registered place of residence. Make sure it is an easy place to find and otherwise clarify the description of the experience.
You will have to ask the users for the corresponding identification documents.
Foodiestay will be in charge of reviewing your offer on the Platform and placing it on the Platform.
10.1.3. Rates to be satisfied by Gastronomic Expert Users
By registering and offering gastronomic experiences, the Gastronomic Expert User accepts that Foodiestay, S.L. will make its own 10% of the amounts plus VAT that the registered Expert has the right to invoice the User of the gastronomic offers. This percentage remunerates the holder of the Platform of the services provided to the Gastronomic Expert User as a marketing tool for their experiences, as well as for the coordination of the services provided to the Gastronomic Expert User.
Foodiestay, S.L. will collect, through the Platform, at least forty-eight hours in advance the amounts corresponding to the provision of the service.
If there is no entry by the Experience User will notify the Expert Gastronomic User to consider the reservation cancelled and not provide the service of the contracted Experience.
Produced the income by the User of the Experience, Foodiestay will transfer, in the term of 24 hours from the benefit of the service of the contracted experience, to the Gastronomic Expert User the net amount that corresponds to him once the referred percentage and its VAT have been deducted. The Expert User must issue the corresponding invoice to the Experience User for the total price plus VAT. And Foodiestay will issue an invoice to the Expert Gastronomic User for the agreed percentage plus its VAT being given as charged with the previous deduction of the price entered by the User of the Experience for payment to the Expert Gastronomic User.
This percentage will apply, unless expressly modified between the parties, for a maximum period of one year, so that after this period Foodiestay may negotiate a different amount for each of the following years. In the absence of an agreement between Foodiestay and the Gastronomic Expert User, either of the parties may terminate this contract by expiration of the agreed initial time, with nothing to claim, other than any amount owed between the parties for the offer and acceptance and completion of gastronomic experiences formalized earlier.
10.2. Terms and conditions for acquiring Gastronomic Experiences by Users of Gastronomic Experience Offers
10.2.1. Background information.
The procedures for contracting the provision of the service of Gastronomic Experiences offered from the Platform, are those referred to in these Conditions of Purchase or that are indicated on screen during navigation and the purchase process, so that the User of Gastronomic Experience Offers declares to know and accept these procedures as necessary to access the services offered on the Platform.
In order to access the Foodiestay Platform it is not necessary for the User to register, although voluntary registration is possible and, in any case, said registration must be carried out for the acceptance of the Gastronomic Experience Offers through this Platform or website, in the terms referred to below.
The User of gastronomic offers knows and accepts that despite placing his order through this Platform his contractual relationship is directly with the User Expert in gastronomic experiences that would have facilitated the specific experience contracted, so that any breach of the conditions agreed in the offer will be the responsibility of the User bidder to the User who accepted the offer, except for the Suppositions of Exoneration of Responsibility to the Expert Gastronomic User [would be a link to a document at the end with this title]. All of the above, without prejudice to Foodiestay's claim rights against the non-compliant User, and may also refund the amount advanced by the User of the offer in the event that the User has not been able to carry out the corresponding experience. In case of partial provision, will be the agreement of the Users and in its absence to what the corresponding authorities determine.
The User of gastronomic experiences offered in this Platform undertakes to:
1.Make use of this website solely and exclusively to accept offers (place orders) legally valid.
2. Not make any acceptance or request for a false or fraudulent offer. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it, inform the competent authorities and claim damages suffered.
3. To provide us with your contact details that are true and accurate and necessary for the processing of orders, and to keep these details up to date. Such data will be provided by Foodiestay to the Expert Gastronomic User who makes the offer of experiences. If you do not provide us with all the information we need, your order will not be processed. The questions included in each of the forms are voluntary, except for those marked with an asterisk (*) which are mandatory.
4. By placing an order through this website, you declare that you are at least 18 years of age and have the legal capacity to enter into contracts.
5. Gastronomic experiences are marketed for the maximum groups indicated in the description of each gastronomic experience.
6. The process to initiate the acceptance of an offer and make, therefore, an order is initiated by the User interested in any Offer of a Gastronomic Experience by clicking on the home page of the Platform where the legend "Available Gastronomic Offers". They will appear and the user can apply certain filters and when you want to click on any of the referred Offers to obtain information, characteristics and conditions of them. To proceed to the acquisition of the right to enjoy each of the different gastronomic experiences, the User must follow all the indications and instructions collected on each screen, and if necessary provide the data that are required for the management of your order, determining in each form the data that are mandatory for the purchase process.
In case of being interested, the User of Gastronomic Offers, in one of them will be able to make a click on the legend "Particular Conditions". This will allow the user to enter the basic data for acceptance: (i) Name and surname, (ii) address, (iii) Tax Identification Number, (iv) Number of people who will attend the experience, indicating their name and surname. This number of attendees must be within the minimum and maximum limits offered, indicating separately those under 12 years (if they have a reduced price) and 2 years (for which assistance will be free), (v) telephone and email contact for any incident, and (vi) selection of the day you want to make the dining experience.
Once the date has been selected, you will be able to access the button with the name "Price Calculation and Acceptance", which will facilitate the total cost of the Experie.
At that time you may choose between (i) contracting or (ii) withdrawing acceptance of the Offer.
Withdrawal of acceptance may be made by clicking on the "Back" link. On the other hand, if you are interested in hiring the selected experience you must click on the term "Finish / Accept". Pressed the completion and acceptance of the order the purchase process of the gastronomic experience is considered confirmed the order, and will appear related to the experiences acquired, being responsible the User to review and confirm the same and the prices applied. The steps for payment by credit card will also appear on the corresponding screen, stating the information requested from the cardholder, after which you can click "Approve Payment" and make the same. As soon as we receive this payment, your experience will be contracted and you will receive a message confirming the payment and the reservation.
The User may obtain a full refund if he cancels (i) within 48 hours of purchase, and/or (ii) if he cancels 7 days or more prior to the scheduled start date of the experience.
The User, once paid the Gastronomic Experience, will be able to modify the date and the hour of his experience until 72 hours before the foreseen date.
In case of Force Majeure (create a link to the document that develops this concept at the end of this text), in the terms referred to in the Platform, you can cancel the reservation. It is possible that we ask you for documentation.
7. All orders are subject to the availability of the gastronomic experiences chosen on the dates desired by the User. If there are difficulties regarding the gastronomic experience, Foodiestay will contact the User to inform him/her, offer him/her an alternative product and, if necessary, reimburse him/her for the amount he/she may have paid.
The User may cancel the gastronomic experience contracted within 48 hours of hiring without justifying any reason. In addition, they may take out voluntary insurance for the price shown on the website, which will allow them to cancel, without justifying any reason, the experience with the right to a refund of the price paid provided that the cancellation is made within 24 hours of the date contracted. MANI THIS WAS BEFORE, DO WE KEEP IT? **
8. For any incidence in the processing of the order the User will be able to be directed by electronic mail to the following direction email@example.com.
9. Foodiestay in case of impossibility of providing the service of the contracted gastronomic experience will return the totality of the amounts paid.