These provisions regulate the use of the service of the website or Internet portal (hereinafter the "website" and / or "the Platform") that FoodieStay, SL (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 inform you that the identifying data of the person responsible for the website are as follows: FoodieStay has its registered office at Calle Fuencarral núm. 104, 28004 Madrid, Spain and C.I.F. número B-87804530, 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 owned by FoodieStay, and is made available, (1) on the one hand, to individual entrepreneurs (self-employed individuals) or entrepreneurs using a trading company, anonymous or limited (hereinafter, one and the other, "Gastronomic Expert Users" or "Hosts") who want to offer, uploading Gastronomic Experiences to the Platform, (hereinafter "the Offer or Offers of Gastronomic Experiences") to third parties accessing the Platform, and (2) on the other hand the website is also made available to such third parties (hereinafter also "Users interested in the Gastronomic Offer") so that they can contract directly with any of the Gastronomic Expert Users the gastronomic experiences offered by them.
To the referred effects the Gastronomic Expert User, will have to register registering in the Platform of Foodiestay facilitating the requested information. Once registered, one or more Gastronomic Experience Offer(s) (hereinafter the "Gastronomic Expert Offer(s)") may be uploaded to the Platform.
Users interested in the Gastronomic Offer may register voluntarily or do so at the time of contracting one or more of the Offers of a Gastronomic Expert.
The responsibility for the proper provision of the services offered and compliance with the obligations assumed in the Offer uploaded to the Platform will be exclusively of the Gastronomic Expert who undertakes to hold harmless the Users who contracted the Gastronomic Offer, without any of the Users can claim Foodiestay for the discrepancies of them. Foodiestay will collaborate in the possibility of a friendly solution between the referred Users, without committing itself to obtain a friendly solution.
The present General Conditions of Use of the website include the general conditions of contract, which govern the relationship of Foodiestay with (i) the Gastronomic Expert Users and (ii) with the Users interested in the Gastronomic Offer that contract the same, and are intended to regulate the rights and obligations of each of these Users.
The defined Gastronomic Expert Users, the Users interested in the Gastronomic Offer and in general any physical or legal person who uses the website or Foodiestay Platform, although they do not contract any experience or register as a Gastronomic Expert, they are attributed the condition of user of the website and when accessing, navigating and using our website without any contract and/or proposing an offer and/or making a reservation, they will be jointly defined as the "Users"); that by accessing the Platform accept having read, understood and agree to the terms and conditions shown in this section of the website being bound by these Conditions and our Data Protection Policies, so if you do not agree with all the Conditions and Data Protection Policies, you should not use this website.
5.1 Service availability
Access to the website requires services and supplies from third parties, including transportation over telecommunications networks whose reliability, quality, continuity and performance is not FoodieStay's. The use of these services and supplies does not constitute an endorsement by 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 these imponderables, nor for damages of any kind caused to the User that result from failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the website service during the provision of the same or prior to its use.
5.2. Quality of Internet service
Access to the website does not imply any obligation on the part of FoodieStay to check for the absence of viruses, worms or any other harmful computer elements. It is up to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs. FoodieStay is not responsible for damage to the computer equipment of Users or third parties during the provision of the Portal service.
5.3 Regarding the links that appear on the website
The existence of links on the FoodieStay website does not represent any kind of relationship between this and the owners of the web pages that can be accessed with them, and unless expressly stated otherwise, is merely informative and in no case implies suggestion, invitation or recommendation about them. FoodieStay does not know the contents and services of the links and therefore is not responsible for damages caused by the illegality, quality, non-updating, unavailability, error and uselessness of the contents and / or services of the links or any other damage that is not directly attributable to FoodieStay. FoodieStay may unilaterally withdraw at any time the links appearing on its website.
In these cases, FoodieStay acts as a provider of intermediation services in accordance with Article 17 of Law 34/2002 of 12 July on Information Society Services and Electronic Commerce ("LSSI") and will only be responsible for the content and services provided in the links to the extent that 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 may communicate to FoodieStay, in accordance with the notification clause of these General Terms and Conditions, without in any case this communication entails the obligation to remove the corresponding link.
5.4. Regarding the protection of personal data
FoodieStay is responsible for the processing of data and personal information it collects from its Users (customers). Being responsible for the treatment supposes that it is the person, in this case, juridical that, alone or with other people, determines the purposes and means of the treatment. In the section of this website "Data Protection Policy, we provide all the information required in this area, which in addition to indicating the person responsible for the treatment, we will refer to what purpose is going to treat the personal information you provide, why we are legitimate for treatment, how 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 matter required by law.
In compliance with article 22.2 LSSI, FoodieStay will only use data storage and retrieval devices ('Cookies') when the user has given his/her prior consent to do so in accordance with what is indicated in the corresponding pop-up window of the user's browser when he/she accesses the website for the first time and under the other terms and conditions that are included, in due course, in FoodieStay's Cookies Policy that every user should be aware of. As of today, no Cookies are being used on the website, so a Cookies Policy will be incorporated into this website when they are used.
1. Any User undertakes to comply with (a) these General Terms and Conditions of Use, (b) the Particular Conditions that may be applicable, where appropriate, as well as (c) to comply with the special warnings or instructions for use contained therein or on the website itself.
2. The User must make lawful use of the services of this website in accordance with current legislation.
3. The User guarantees that the activities carried out through the website will be in accordance with the law, morality, public order, good customs and, in no case, will be offensive to the good name and commercial image of FoodieStay, other Users of the website or third parties.
4. The Gastronomic Expert User will use the appropriate diligence to comply with their obligations to Foodiestay and the nature of the services that the Gastronomic Expert offers in the Platform and the User interested in the Gastronomic Offer will also use the appropriate diligence both in compliance with their obligations arising from the acceptance of any Offer of Gastronomic Experience and in the use of the services it enjoys, and none of them will perform through the Platform or in the execution of the services offered by the same that puts them in contact, any action that causes damage or alterations of the contents or hinders the proper functioning of the website, expressly committing for the sole use of the same not to cause technical problems of any kind, transfer elements susceptible to carry viruses or damage, interfere or intercept all or part of the Web, as well as not to intervene or alter the email of other users.
For the purposes of these General Conditions, and for any communication that may be necessary between FoodieStay and the User, the User should contact the Customer Service by email or e-mail (sending a message to hello@FoodieStay.com or by written communication addressed to the Customer Service Department, Legal Department, of FoodieStay, Calle Fuencarral núm. 104, 28005, Madrid.
FoodieStay's communications to the User will be made in accordance with the data provided by the User when placing an order through the Platform. The User expressly accepts for all communications related to the use of the Platform, the use of email as a valid procedure for sending such communications. It is the responsibility of the User to keep the data provided in the creation of his account updated, especially the contact data provided for the management of orders.
If any content of these General Conditions of use of the portal were to be declared totally or partially null and void or ineffective, such declaration would only affect the content or part thereof that is null and void or ineffective, and the rest of the General Conditions would subsist and such content or part of the same would be affected by the fact that it is not, unless, as it is essential to these General Conditions, it would have to affect them in an integral manner.
The General Terms and Conditions object of this Legal Notice is governed in each and every one of its extremes by Spanish law.
Any controversy that may arise or is related to the use of this website will be subject to the jurisdiction of the courts and tribunals of the consumer's domicile in accordance with the provisions of art. 90.2 of RDL 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws.
Foodiestay informs the User that it is not obliged to send the latter as a consumer a document of withdrawal in order to revoke the hiring of the service offered through our website within the legal deadlines, being within the exceptions established in Article 102 and 103 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which provide that, in addition to the provision of accommodation services for purposes other than housing, transport of goods, rental of vehicles and food, "services relating to leisure activities, if the contracts provide for a specific date or period of performance", such as the gastronomic experiences offered by Foodiestay, are exempted from the right of withdrawal.
At the time of purchase, the final price per gastronomic experience will be shown in Euros, including VAT.
In the screen corresponding to the payment of the order, the different cards will appear marked with the corresponding logos as means of payment available on the Internet, being able to choose the one that is most convenient for the User. These cards may be used as a means of payment when the corresponding logos are indicated (Visa, Mastercard, American Express and Affinity Card or others).
Credit cards will be subject to checks and authorizations by the issuer of the same, but if the entity does not authorize payment, we will not be responsible for any delay or lack of confirmation of payment that prevents the formalization of the order and we can not formalize any contract with the user. By authorising payment with the card provided, you are confirming that you are the cardholder.
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. In order to achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
Refund policy or return of card payments: In cases where it is shown that the return or payment to the user of payments made with cards, Foodiestay will try to make the corresponding refund in account within 10 working days.
The User can make a complaint or claim to the Customer Service by means of electronic mail (by sending a message to the address of the aforementioned service).
Foodiestay also has Complaints Sheets, available to its customers that upon request by email will be sent by this means.
FORCE MAJEURE CASES
We will refund the amounts paid for an Experience if you cancel an order for a Gastronomic Experience for reasons of Force Majeure, although you must provide certain documentation in the cases in which we tell you so:
Death of the User who offers the Experience, of the User who hires the experience or of any of the assistants or of a direct relative, of any of them. In these cases, you will have to present a death certificate.
Illness or serious injury of the User who offers the Experience, of the User who hires the experience or of any of the assistants. You must present a medical certificate confirming that the person cannot travel due to the illness or injury.
Appointments to be a member of a polling station, to be part of a jury, judicial appearances or any other that the User could not know at the time of contracting the Experience. You will provide the notification received at a later date than the accepted offer in which the User's name is included.
Closure of airports or roads and cancellations of flights that make it impossible to travel to the destination. You must document the closure of the road or airport, or the cancellation of the flight.
Security alerts due to mobilizations or political disturbances in the area of origin or destination of the User.
Changes in visa or passport requirements that prevent travel to the destination.
Natural disasters in the area of origin or destination of the User (Storms of great magnitude; Earthquakes; Floods, etc.).
If you have suffered an event of Force Majeure, cancel your reservation and inform us of the reasons and contact us to confirm whether you are entitled to a refund by submitting the required documentation, if any, within 20 days after the cancellation.
Suppositions of Exoneration of Responsibility to the Gastronomic Expert User
To participate in a Gastronomic Experience, the Gastronomic Expert User with whom you contract and with whom we put you in contact demands that you accept, what you do when you accept the Experience, the following cases of release and exoneration of responsibility that will be applicable from the moment you accept said Experience.
The User who accepts the Offer of the Gastronomic Experience guarantees that he or she is over 18 years of age. If the User comes to the experience with a minor, said User will be solely responsible for his supervision and for any damage he may suffer during the Experience.
The User knows and accepts that
The User has been informed of the Experience and has voluntarily decided to do so.
The User will not participate if he/she suffers any physical or psychic medical illness that could be affected by the contracted gastronomic activity.
The User will act reasonably and responsibly with the instructions and precautions of which he is notified or warned.
The User accepts that if any of the agreed exonerations were to be declared null and void, the remaining exonerations will continue in force.
The User will only be able to claim to the Expert Gastronomic User for the damages that were caused to him by the fraudulent or negligent action of this last one. None of them will be able to claim for this action to Foodiestay holder of the Platform that has put them in contact.
The User acknowledges having read and accepted the present cases of exoneration of responsibility freely and voluntarily.