Terms and Conditions
These Terms and Conditions regulate the access and use of the website for booking experiences (hereinafter, the "Website") owned by Hotel Intercontinental Barcelona, with corporate name HOTEL FIRA, S.A.U. and incorporated with N.I.F. A61691739 and registered office in AV. RIUS I TAULET, 1-3 – 08004- BARCELONA, Spain.
The services and experiences are offered by Hotel Intercontinental Barcelona. However, the purchase of experiences and gift vouchers is managed by HOTEL TREATS ESPAÑA S.L. with N.I.F. B-44863231, and registered office at Son Rullan 43, Calle A, 07009, Palma de Mallorca, Spain, registered in the Mercantile Register of Palma de Mallorca, Volume 2998, Folio 131, Page 96497, Section, 1st Inscription (hereinafter, "HOTEL TREATS"), who acts as a third party intermediary on behalf of Hotel Intercontinental Barcelona and will be responsible for processing your data for the purchase of vouchers and experiences, including the processing of your reservations and, where appropriate, payment of the same on behalf of Hotel Intercontinental Barcelona.
These Terms and Conditions shall apply exclusively to the "Experiences" section of this Website, without prejudice to the fact that the Hotel X Website has generic and independent Terms and Conditions that may be applicable.
For the purposes of these Terms and Conditions, Consumer/User shall be understood to be any individual who, outside their commercial activity, business, trade or profession, accesses the Website with the intention of acquiring the products or services marketed through the same (hereinafter, the "User").
For any questions and/or complaints regarding the purchase of experiences, you may contact customer service at the following email address: firstname.lastname@example.org or via the following telephone number: +34 871 51 00 40 (between 9:00 - 19:00 CEST).
2.- Acceptance of the Terms and Conditions
The purchase of any of the products or services marketed through the "Experiences" section of the Website requires the acceptance of these Terms and Conditions.
Hotel Intercontinental Barcelona, in collaboration with HOTEL TREATS, reserves the right to modify these Terms and Conditions, and it is the User's responsibility to read, verify and understand these Terms and Conditions prior to acceptance and purchase of each of the vouchers or experiences.
By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and purchase the products or services present on the Website.
This Website has been developed with the aim of offering Users the possibility of acquiring vouchers, for personal use or as a gift, in order to redeem them at Hotel Intercontinental Barcelona and/or those establishments that Hotel Intercontinental Barcelona predetermines (hereinafter, the "Service Provider"), and enjoy the specific experiences offered at the User's choice (hereinafter, the "Vouchers" or the "Voucher" indistinctly), with HOTEL TREATS being a mere intermediary between the User and the Service Provider acting as a point of contact between both parties and issuer of the required Vouchers.
The Vouchers offered through the Website may be for personal enjoyment or as a gift, it being understood that, in the case of a "gift", the enjoyment of the experience will be for a third party other than the User who acquires the Voucher (the "Voucher Beneficiary ").
In the case of vouchers for personal enjoyment, the purchase is usually accompanied by an instant reservation, with the User knowing at all times the date on which he/she wishes to enjoy the experience at Hotel Intercontinental Barcelona.
On the other hand, gift vouchers are usually purchased with an open date, i.e. at the time of issue, the day, time or other details of the service provision are still to be confirmed and, therefore, the User must confirm and manage directly with the Service Provider, Hotel Intercontinental Barcelona, the confirmation of these details.
Unless expressly provided otherwise in the offer of the experience, vouchers purchased at Hotel Intercontinental Barcelona cannot be exchanged for experiences at any other hotel.
5.- Operation of the Website and purchase of the Vouchers
In order to benefit from the Gift Certificates offered by Hotel Intercontinental Barcelona through the Website, Users must comply with the following conditions.
Users may purchase the Gift Vouchers offered through the Website without registering or creating a user profile, simply by filling in the form provided for this purpose, which requests the necessary data to identify the User, issue the correspondent invoice, electronically deliver and pay for the services required, and select whether the Gift Voucher is for personal use or as a gift.
In the event that the Voucher purchased by the User is for personal use, there may be two options:
(i) Where the User proceeds to purchase a voucher with an open date of use, when he/she does not know the exact date on which he/she wishes to enjoy the experience. The validity of the voucher may vary, so the period of validity will be that indicated on the voucher itself and in the purchase order process. In this case, and prior to the use and enjoyment of the voucher, the User must contact Hotel Intercontinental Barcelona to confirm the availability of dates to enjoy the selected experience.
The User shall have a period of fourteen (14) days to request the reimbursement of the Voucher for personal use with an open date if the Voucher has not been used during this period.
(ii) That the User makes a purchase or "Immediate Booking" of one of the Vouchers offered on the Website of Hotel Intercontinental Barcelona for knowing the exact date on which he/she wishes to enjoy the experience, this type of Voucher not being refundable under any circumstances. However, the User may modify the date of enjoyment of the Voucher provided that he/she notifies this circumstance at least forty-eight (48) hours prior to the date of enjoyment initially selected, which he/she shall inform the Service Provider. The modification will be always subject to the availability of Hotel Intercontinental Barcelona.
If the voucher purchased by the User is for a gift with an open date, this will have the period of validity indicated at the time of purchase and on the voucher itself for its enjoyment, counting from the date of purchase of the voucher. However, each voucher will specify its period of validity, both on the Hotel Intercontinental Barcelona website and on the voucher itself once received by the User, it being the responsibility of the User to verify the period of validity of the voucher purchased.
Once the voucher has been purchased, whether for personal use or as a gift, and as soon as possible, it will be sent via the contact method selected by the User/Buyer together with proof of the voucher purchased, which will be used to be exchanged for the experience selected at Hotel Intercontinental Barcelona. In the case of gift vouchers, the voucher will be made available to the User/Buyer who may forward this information to the beneficiary or, where appropriate, provide HOTEL TREATS with the Beneficiary's email address for the direct sending of the voucher. Said Voucher shall not include the purchase price.
HOTEL TREATS provides an after-sales assistance service which the User may access by sending any doubt, query or request related to the Voucher purchased by sending an email to the following email address: email@example.com or by calling the following telephone number +34 871 51 00 40 (between 9:00 and 19:00 CEST).
6.- Voucher Validity
The User acknowledges and accepts the validity of the Voucher purchased at all times, this information being available on the page of the specific product or Voucher, as well as being easily identifiable on the Voucher itself once it has been received via email.
Once the expiry date of the Voucher has been reached, it cannot be exchanged for the selected experience or any other of those offered through the Hotel Intercontinental Barcelona Website. In this case, the amount paid by the User will be retained 100% by HOTEL TREATS or, if applicable, by Hotel Intercontinental Barcelona.
7.- User behaviour on the Website
Users undertake to make lawful, diligent, honest and correct use of any information or content accessed through the Website, and all of this under the principles of good faith and respecting at all times the law in force and these Terms and Conditions.
In particular, but without limitation, any user visiting the Website, as well as Users shall not:
i. Communicate data that is not true, accurate, complete and/or up to date, or access the Website using the name or identifying data of another user or impersonate any person or identity.
ii. Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
iii. Maliciously or intentionally cause damage or harm that may undermine or alter the Website, or introduce or disseminate computer viruses that may cause unauthorised alterations to the content or systems comprising the Website. The User shall not scan or test the vulnerability of any system or network of Hotel Intercontinental Barcelona or HOTEL TREATS, or breach any security or authentication measures, or attempt to decrypt or disassemble the software used to offer the Vouchers or services through the Website.
iv. Promote or encourage third parties to carry out any of the above practices or contribute to them.
HOTEL TREATS and Hotel Intercontinental Barcelona shall have the right to investigate and denounce any of the aforementioned conducts in accordance with the Law, as well as to collaborate with the authorities in the investigation of such actions.
Likewise, HOTEL TREATS and Hotel Intercontinental Barcelona reserve the right to suspend or restrict access partially or in its entirety to Users who violate any obligation included in these Terms and Conditions of the Website. The User agrees not to circumvent, or attempt to circumvent, any measure restricting access to the Website.
8. Availability of the Voucher or Experiences
All Vouchers offered on the Website are subject to availability. Hotel Intercontinental Barcelona, in collaboration with HOTEL TREATS, constantly and automatically updates the Website to ensure maximum correspondence and accuracy between the actual availability and the information available in this regard on the Website. However, HOTEL TREATS will not be responsible in any case for the non-correspondence taking into consideration that it is not the provider of the required service, being Hotel Intercontinental Barcelona, the Service Provider.
It is recommended to make reservations or purchases of Vouchers at least two (2) weeks prior to the preferred date. If the User or Beneficiary wishes to book their experience for days of peak demand (such as weekends or holidays), they should book further in advance. The User must take into account that some experiences show dates of availability on the Website, however, these dates may only be indicative and are subject to change by Hotel Intercontinental Barcelona as Service Provider. In this sense, it is recommended to check with Hotel Intercontinental Barcelona the availability of the experience to be purchased.
All Vouchers or experiences may be discontinued or withdrawn from the Website at any time and without prior notice, without this decision affecting Users who have purchased the affected Vouchers prior to their withdrawal.
In the event that a User or Beneficiary wishes to use the Voucher for an experience that has been removed from the Website and the Service Provider does not accept bookings or the experience is no longer available, a solution will be offered, such as credit for the value of the Voucher (to be given to the Voucher Beneficiary), or an alternative experience of the same value (if available).
In such case, the credit offered will have the same maturity date as the original Voucher.
9. Vouchers price and payment method
The prices of the Vouchers that appear on the Website will be those reflected at all times on the Website and are inclusive of VAT.
Users can proceed to pay for the selected voucher using the payment methods enabled on the Website, which can be consulted at the time of proceeding with the purchase process.
All of them are subject to verifications and authorizations by the issuing entities of the means of payment (card issuers and/or payment account issuers) outside HOTEL TREATS, but if such entity does not authorize the payment, it will not be possible to continue with the purchase procedure initiated, and the order will be automatically cancelled, and the purchase and sale of the requested Voucher will be understood as not having been carried out.
By clicking on "Authorize payment" the User unequivocally confirms that the credit card is his/her property and HOTEL TREATS or, as the case may be, Hotel Intercontinental Barcelona, is not responsible in any case for the fraudulent or illegal use of credit cards by third parties.
Furthermore, at no time during the purchase process can HOTEL TREATS or Hotel Intercontinental Barcelonaknow or store the information related to the User's credit card, transmitted through a secure connection with encryption protocol directly to the site of the entity that manages the electronic payment.
Payments are processed by the payment gateway MangoPay (Mangopay S.A) or by the payment gateway of Hotel Intercontinental Barcelona, as the Service Provider.
Before proceeding with the payment, the User must read and Accept Mangopay's Terms and Conditions: https://mangopay.com/terms/MANGOPAY_Terms-EN.pdf. In addition, the User should review the Money Safeguarding FAQ. If the Service Provider's payment gateway is used, the User must review and agree to its separate Terms and Conditions.
9.1. Invoice Request
In case of needing an invoice, the User shall address his request to Hotel Intercontinental BarcelonaHotel Intercontinental Barcelona as Service Provider after having redeemed his voucher.
10. Intellectual Property
All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by Hotel Intercontinental Barcelona, HOTEL TREATS or third parties who have expressly authorized Hotel Intercontinental Barcelona to use them on the Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the subject (hereinafter, "Intellectual Property Law"), as well as Law 17/2001, of December 7, 2001 on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorized in writing by Hotel Intercontinental Barcelona, or HOTEL TREATS.
Specifically, and by virtue of the provisions of national, European and international regulations on intellectual property, the use of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, without authorization, is expressly prohibited.
Any use of these contents not previously authorized by Hotel Intercontinental Barcelona, or HOTEL TREATS, will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
11.- Exclusion and limitation of liability
HOTEL TREATS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the experiences of the Website. Likewise, and in its capacity as an intermediary, HOTEL TREATS shall not be responsible in any case for the relationship existing between the User and the Service Provider.
Among others, and by way of example and not limitation, HOTEL TREATS is not responsible for the following circumstances:
i. Of the lack of availability and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website for reasons not attributable to HOTEL TREATS.
ii. The lack of functionality of the Web Site or the contents for any service.
iii. Of the content of other Internet pages to which links or links placed on the Web Site may be directed.
iv. Incidents caused by the User's lack of due diligence.
v. Cases of force majeure, blockage of telecommunications or the Internet network, actions, or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of HOTEL TREATS that prevent the normal use of the Website.
vi. From any contractual obligation arising between the User/Beneficiary and the Service Provider, and shall have no obligation to mediate between the parties to such contract.
vii. Although HOTEL TREATS has contracts in force with the different Service Providers and strives to comply with demanding quality standards, HOTEL TREATS cannot guarantee the final result or that the User's experience will be satisfactory. The final responsibility for the services provided falls directly on the Service Provider.
viii. Of the cancellation or alteration of a Voucher for reasons unforeseeable or beyond the reasonable control of HOTEL TREATS, including, but not limited to, weather related, insolvency, etc.
ix. From the loss, damage, death or personal injury of the User/Beneficiary while enjoying the Voucher purchased through the Website.
In short, the User knows and accepts that HOTEL TREATS is a limited liability entity and that any dissatisfaction or claim related to the service or experience must be transferred to Hotel Intercontinental Barcelona as Service Provider.
HOTEL TREATS shall not be liable for additional expenses incurred and not specifically included in the voucher, cancellations due to travel delays, force majeure or events beyond the control of HOTEL TREATS, including but not limited to: force majeure, unavoidable, extraordinary, unusual and unforeseeable circumstances such as war or threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural or nuclear disasters, significant risks to human health such as the outbreak of pandemics, fires or adverse weather conditions.
13.- Data Protection
Hotel Treats is a third party service provider of integral solution of Vouchers for Hotel Intercontinental Barcelona.
Hotel Treats in its role as data processor on behalf of Hotel Intercontinental Barcelona as Data Controller, guarantees the security and confidentiality of the personal data provided by Users in compliance with the provisions of Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter, "RGPD") and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter, "LOPDGDD").
HOTEL TREATS collects and processes your data for the purchase and contracting of services such as voucher orders, payments, if applicable, and customer service. HOTEL TREATS only retains your data on behalf of Hotel Intercontinental Barcelona for as long as it is necessary for the correct contracting and execution of these services.
In this regard, Users are informed that, with regard to privacy and protection of their personal data, they may exercise the following rights:
i. Access to your personal data;
ii. Request the rectification of any inaccurate data;
iii. Request the erasure of his or her data;
iv. Request the limitation of the processing of your data;
v. Oppose the processing of your data;
vi. Exercise your right to be forgotten; and
vii. Request the portability of their data. Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.
The User may exercise all these rights by sending an e-mail to firstname.lastname@example.org, indicating the reason for the request.
14.- Right of withdrawal
The User who holds the status of "Consumer", i.e. those Users who have acquired the Vouchers for purposes unrelated to their commercial activity, business, trade or profession, shall have a period of fourteen (14) calendar days to exercise their right of withdrawal, starting from the effective date of acquisition of the Voucher, without penalty and without the need to indicate the reasons in accordance with Royal Legislative Decree 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, provided that the purchase has not been made with "Immediate Booking" or the Voucher has not been redeemed.
In this sense, the User knows and expressly accepts that he/she will not be able to exercise his/her right of withdrawal once the fourteen (14) calendar days provided by law for this purpose have elapsed.
Notwithstanding the foregoing, and in the event that the User's right of withdrawal is properly exercised, HOTEL TREATS or, if applicable, Hotel Intercontinental Barcelona, will refund the amount paid for the purchase made within a maximum period of fourteen (14) days, counting from the receipt of the User's withdrawal request, and through the same means of payment used for the initial transaction
MECHANISM FOR EXERCISING THE RIGHT OF WITHDRAWAL
To formalize the right of withdrawal, the User must exercise his/her right in writing by sending an email, with the information detailed below and which will serve as a withdrawal/unequivocal statement, to the following email address: email@example.com, with the following wording in the subject line: "Return of the service purchased". Upon receipt of such communication, HOTEL TREATS will proceed to review the specific case and, if applicable, the refund of the corresponding amount will be made as soon as possible and, in any case, within fourteen (14) calendar days from the date on which such communication was received.
In order to exercise the right of withdrawal, the User must include the following information in the corresponding e-mail address:
Subject: Return of purchased service
Name and surname: ____________
Contact Email: _____________
Number of Voucher purchased: ____________
Date of purchase: ______________
I hereby request the refund of the amount paid for the service described above, requesting that such refund be made effective during the period of fourteen (14) days established by law for this purpose and be paid into the bank account of my ownership with account number: ______________.
Place and date of claim: ____________________.
15.- Safeguard Clause
All the clauses or ends of these Terms and Conditions must be interpreted independently and autonomously, not being affected the rest of the stipulations in case that one of them has been declared null by judicial sentence or firm arbitral resolution. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions of Use.
The parties agree that these Terms and Conditions are subject to Spanish law. Any dispute arising from the application, execution and interpretation of these Terms and Conditions shall be submitted to the Courts and Tribunals of the place of residence of the User as a consumer user.
17.- Extrajudicial dispute resolution
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Website informs that, in the event of a dispute, the User resident of the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission, in order to attempt to resolve out-of-court any dispute arising from the contractual relationship between the parties.
If you wish to access the "Online Dispute Resolution Platform" you can do so via the following link: http://ec.europa.eu/consumers/odr/