Terms & Conditions
Last Updated: 3/5/18
ClubKviar: Conditions of Use and Contracting
The website at www.clubkviar.com (the "Website") and the ClubKviar app that can be downloaded from app stores" (hereinafter the "App") are the property of KVIAR VENTURES S.L.U. (hereinafter, "ClubKviar"), with registered offices at Carrer Roger de Lluria, 50. 5 - 08009, Barcelona, with CIF B86424843. ClubKviar is a company registered in the Commercial Registry of Madrid with the number 29778 book 0 folio 130 section sheet 8 M535771 Telephone: 913 69 48 92 and email: firstname.lastname@example.org.
ClubKviar proposes various services (the "Services" or the "Service") indicated on the Website and the App, including and without limitation the search and online booking of restaurant reservations, the sale of wine and other products, and other services linked to the Website and the App, such as the possibility of commenting on the blog, under the condition of unconditional acceptance of these Conditions.
If as a User you do not agree with these Conditions or with part of them, (i) do not use the "Website", (ii) neither download or use the App, (iii) or use the Services provided in the Website, the App or through them.
These Conditions can be completed, if necessary, to include specific conditions of use that will be indicated to the User with respect to each Service.
1. Service description
The Service allows the User to search and reserve a table online and in real time in a restaurant and benefit from these offers and promotions if you reserve a table through the online booking process provided on the Website or the App. The conditions of validity of these Promotions are specified on the Website and / or the App.
Warning: Service exclusions
The Service provided by ClubKviar does not imply any warranty or guarantee of (i) verification of the information offered by the restaurants through the Service (information about the prices and the range of prices corresponding to the reserved restaurants) nor (ii) regarding any recommendation of the restaurants where the Service allows you to make a reservation. This type of information regarding the restaurants is information provided by the restaurants to ClubKviar that ClubKviar has not verified. ClubKviar does not guarantee in any way (i) the validity of this information offered by the restaurants, (ii) the products, services and / or commercial practices of the restaurants present in the Service nor (iii) that the User is, will or may be satisfied with the products, prices, practices and / or services obtained from a reservation through the Service.
The User is aware of this and knows that it is up to him/her to verify all information that seems necessary and appropriate before proceeding to make a reservation at any of the restaurants present in the Service.
2. Protection of personal data
3. Registered User Account
The creation of a User Account on the Website or the App ("Registered User") allows Registered Users to make reservations without repeating their personal data in each new reservation. Within the commercial offers of ClubKviar, Registered Users may benefit from offers and promotions in any place in which ClubKviar operates.
Registered Users are entirely responsible for the use of their user account, the e-mail and password assigned to the User Account and commit to keep them secret and not divulge them in any way. In case of change, loss or theft of the e-mail or password, in the shortest possible time, the Registered User must use the procedure placed at their disposal at the address https://www.clubkviar.com/es/entrar to modify them.
In the event that a Registered User does not respect these general conditions, ClubKviar reserves the right to suspend the User's account without prior notice and may deny access to the service.
4. Conditions for contracting the reservation service
a) General conditions for making reservations through the Service
Reservations: To make a reservation through the Service it is necessary to connect to the Website or the App, identify yourself by entering your User Account, make reservations according to the indications on the screen, filled out for this purpose the order form provided and validating the same. All prices published on the Web regarding the Service are with VAT and other taxes that may be applicable, included. The validation of the order by the user expressly implies knowledge and acceptance of these Conditions as part of the conclusion of the contract. Unless proven otherwise, the data registered through the Website constitutes proof of the set of transactions made between ClubKviar and the users of the Website or the App. You can also call your personal advisor by phone for any advice (doubt, reservation, etc.)
When making a reservation through the Service, the User will immediately receive a confirmation e-mail with the data that has been provided to the email address indicated in the User Account. If the User does not agree with the data entered in the reservation confirmation, he / she may request the modification of the same or the cancellation of the reservation. However, once the confirmation is sent, no data can be modified.
We give Users the possibility of cancelling a reservation made up to 2 hours before the reservation time. In that case, the money paid for the reservation will be accumulated in the User’s account to be used in a subsequent reservation.
In the event that a restaurant does not confirm a reservation, the same procedure will be applied and the User will maintain his/her credit for a subsequent reservation.
In both cases the cancellation will be communicated to the email address used to make the reservation.
b) Validity of the prices, characteristics of the reservations and offers of our Service (not of the services reserved to third parties)
The prices and characteristics of ClubKviar Services will be available for booking or contracting while they are in the catalogue or catalogues of possible reservations associated with the Service. The applicable prices are those indicated on the Website or the App on the date of reservation or contracting (its updated version, not prices that can be copied from websites such as the "cache copy" option of some search engines) and are valid except typographical or computer errors (especially obvious errors).
In the event that at any time there is any involuntary typographical or computer error, it will be corrected as soon as we are made aware of the error. If there is a typographical error in any of the prices shown and any user had made a reservation or hiring decision based on that error, we will notify you of this error and the user will have the right to cancel his/her reservation or contract without any cost on his/her part. Special offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
c) Non-application of the right of withdrawal:
The user understands and accepts that, in accordance with current regulations and because this is a booking service contract, with the simple execution of the contract (confirmation by e-mail from us of the completion of the contracting procedure) he/she will not be entitled to withdrawal. All this, without prejudice to the provisions of clause 3.a).
d) Invitations to third parties
The Service includes a system of recommendations or invitations that allows Users to recommend the Service (depending on the case with more advantageous conditions). If the User uses this option to send a recommendation or invitation of the Service to a third party (incorporating their email to the Website or the App as indicated) the User guarantees to ClubKviar that (a) he/she knows this third party, (b) he/she knows that this third party agrees to receive an invitation or recommendation from ClubKviar that will be conveyed through an email and (c) that he /she will indemnify ClubKviar from any liability or cost that may be incurred as a result of their breach of this clause.
e) Loyalty Programs
For those Users who are members of loyalty programs with which ClubKviar collaborates, booking restaurants through ClubKviar can grant them additional "Avios" or "Puntos" (collectively, "Awards") in said programs. We currently work with the Iberia Plus and Vueling Club programs, and there may be other future programs, which we will communicate to the Users.
To benefit from these Awards, the following conditions apply:
5. Clauses applicable to the purchase of products
In addition to the above clauses of these Conditions, in the event that a purchase of products is made through the Website or the App (at the time, to draft these Conditions, purchase of wine) the provisions of this clause will be applicable:
a) Contracting procedure
The contracting procedure will be described in these Conditions with the specific characteristics of the sale that will be indicated on the Website or the App.
b) Information about the Product
The information offered by ClubKviar about the Product offered on the Website or the App are the responsibility of ClubKviar and its suppliers.
c) Delivery time and delivery method
The deadline and form of delivery are detailed in the Website or the App (if nothing is indicated it would be fifteen (15) days, to the address indicated for this purpose by the user).
d) Right of withdrawal
The communication of the exercise of the right of withdrawal (right of the consumer to withdraw from the contract without having to prove any reason) must be done within fourteen calendar days from the receipt of the order, or by e-mail to email@example.com, by telephone to the number: 913694892, from Monday to Friday, during working hours.
The consumer must return the product in good state within a period of fourteen calendar days from when he indicated his intention to exercise the right of withdrawal to ClubKviar (assuming the cost of return).
The price to be returned to the user is the price originally included in the order, deducting, where applicable, transportation costs. Once the correct status of the returned product has been verified, ClubKviar will proceed to refund the amount within a maximum period of 14 calendar days from the notification of the exercise of the right of withdrawal by the consumer.
6. Obligations of the user
In addition to the obligations expressed in the other sections of these Conditions, the User is obliged to:
(a) Make the payment in those services or products linked to a price.
(b) Provide and maintain updated accurate and truthful information exclusively about his/her person.
(c) Use the Service, Website and the App in a manner that is respectful of these Conditions and with the rules of mandatory compliance, in good faith and excluding any use aimed at harming ClubKviar or that may be considered inappropriate by ClubKviar.
As a User, you may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website or App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or App or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website or App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website or App to any third party without our prior written consent.
The breach of any of these obligations -and of the others indicated in the Conditions- by the User may be grounds for automatic suspension of the Service and / or access to it without the need for prior or subsequent notification and the activation of the resolution clause Contract provided in Condition number 11.
7. Payment and billing
In those cases in which to contract the Service (or purchase a product) the User must make payments (which will be indicated on the Website or the App with applicable taxes), payment will be made through the services of the Stripe payment gateway, a company subject to the conditions set out in the legal documents that the user can find in https://stripe.com/es/terms. ClubKviar is not responsible for the provision of services that said payment gateway lends to it.
By accepting these Conditions the User expressly agrees to receive the invoice in electronic format by email to the e-mail indicated in the User Account. The user can revoke this consent by sending an email to firstname.lastname@example.org under the subject "Request for receipt of the invoice in paper format" with a copy of your ID and the postal address where you want to be sent.
8. User Content
This clause regulates the content that users post on the Website / App or transmit using the same, especially the opinions (notes and written comments) - hereinafter the "User Opinions" - and as indicated in comments of the Website Blog - the "Comments" - and which it designates together as "User Content". It does not refer at any time to the personal data of the user.
a) User Opinions
Only User Opinions regarding a completed reservation may be published. When a User makes a User Opinion after making a reservation, the numerical note is published automatically. The written comment is reviewed by the ClubKviar team. ClubKviar reserves the right not to publish or delete the written comment without prior notice, especially in the case of insulting, insulting texts or destructive opinions.
b) Conditions regarding (i) User Opinions and (ii) Comments on the Blog
If a User uses the option to make User Opinions or Comments on the Website,:
(a) He/she grants a non-exclusive license to ClubKviar with regard to the User Content, including the rights of reproduction, communication to the public, distribution and transformation of the Content during the maximum period in which the applicable law grants validity to said rights, for all the world and for the digital media and all the purposes that ClubKviar considers appropriate (especially those related to publishing these Contents and also to modify the format, incorporate it in advertisements or other documents, create works derived from this, highlight it, distribute it, and allow others to do the same.)
(b) He/she guarantees to ClubKviar that the User content is and will be appropriate and does not infringe current regulations or any rights of third parties of any kind, especially those of intellectual and industrial property and fundamental rights (so, for example, you can not offend the honour of third parties, violate their privacy or not respect the rules of protection of personal data)
(c) He/she will compensate ClubKviar in case of any failure to comply with this clause that causes losses of any kind to ClubKviar or if ClubKviar is accused or convicted or found responsible for violating the Law or third-party rights.
Although ClubKviar does not control the content of the blog, it may delete any User Content on its Website, or withdraw it or limit its publication at any time without the need to indicate any cause.
9. Limitation of Liability
ClubKviar has adopted all necessary measures, within its possibilities and the state of technology, to ensure the functioning of the Website and prevent the existence and / or transmission of viruses and other harmful components to users.
Unless stated otherwise, ClubKviar cannot guarantee the reliability, usefulness or accuracy of the information provided through the Website, in particular, ClubKviar does not make any warranty nor will be liable for:
(a) Prices published by restaurants.
(b) The continuity of the contents of the Website and / or the App and / or the lack of availability or accessibility of the Website or the App (or its functionalities) or technical continuity of both.
(c) The existence of interruptions or errors in the access to the Website or the App (or its functionalities), as well as technical problems or failures that occur during the Internet connection.
(d) The absence of errors in the content, Services or products.
(e) The absence of viruses and other harmful components on the Website, the App or on the server that provides them.
(f) The invulnerability of the Website, the App and / or the impregnability of the measures of security that is adopted in them.
(g) The reliability and / or adequacy, for a particular purpose or purpose, of the Website, the App, the products or Services incorporated in it, and the published information and / or provided in relation to said products or Services.
(h) Where applicable, the lack of usefulness, benefit or performance of the contents or Services of the Website and / or the App.
(i) The damages or losses caused, to itself or to a third party, any person who infringes the conditions, rules and instructions that ClubKviar establishes on the Website or the App or through the violation of its security systems.
(j) Any other damages that may be caused by reasons inherent to not functioning or functioning Defective Website, the App or the websites to which, where appropriate, links have been established.
(b) Regarding the Booking Service
Generally, the User accepts and acknowledges that reservations are not guaranteed, and that ClubKviar manages the reservation but cannot guarantee the way the restaurant processes it. In this sense, ClubKviar does not guarantee the effectiveness of the reservation as it does not guarantee the performance of the restaurant.
Availability is verified and the reservation of a table is managed. In any case ClubKviar cannot verify in a material way the accuracy of the information collected and / or offered by the restaurants, and the User accepts that ClubKviar will not be liable if the User does not benefit from the services provided by reserved restaurant. Indeed, the computer parameters of real-time reservations depend in part on the information offered and recorded by the restaurant and may not correspond to reality. In this way, and without limitation, the User acknowledges and accepts that ClubKviar does not have any responsibility in case of any cancellation of a reservation, in case the establishment is closed or the performance or lack of performance by the restaurant of its services.
In the same way and for the same reasons, the User accepts that ClubKviar is not responsible in case the User can not benefit from the promotions and special offers proposed by the restaurant. The User acknowledges and accepts that ClubKviar will not be liable in any way in case the restaurant does not respect a promotion or special offer for whatever reason.
10. Intellectual Property
All the of intellectual and / or industrial property rights, referring to the contents and information elements of the Website and the App as well as the Website itself and the App itself (with an illustrative character and not limitative to: trademarks, designs, texts, links, logos, images, videos, sound elements, software, databases, photographs and codes) are the property of ClubKviar or its licensors (hereinafter the "Intellectual Property").
The only intellectual property rights assigned to Users regarding Intellectual Property are those essential for the sole purpose of the normal use of the Service through the Website or the App during the period of time strictly essential for such function and worldwide (download -reproduction- and use of the App and a backup copy of it, visualization of contents associated with the Service on its own computer media and reproduction on paper or screenshots for the standard use of the service). Any other use or exercise of rights over Intellectual Property is strictly prohibited.
a) Applicable law and competent jurisdiction. Except in those cases in which the law of consumer law prevents it (establishing the applicable law and the competent jurisdiction in an imperative manner), the relationships established between ClubKviar and the user, governed by those present with, are subject to Spanish law, excluding any type of state legislation. Any conflict regarding the interpretation problem, or execution of these general conditions will be submitted to the competent Spanish authorities (preferably those of the Spanish jurisdiction of Barcelona).
b) Nullity of clauses or rules of the Conditions. In the hypothetical case that a provision of these Conditions was declared null, illegal or unenforceable in one way or another, the validity, legality or application of others of these Conditions will not be affected or altered, the rest of the stipulations of the Conditions would remain in force and retain their full and full effect.
c) Absence of resignation. Unless expressly provided otherwise herein, no tolerance, inaction, abstention or omission, or delay of ClubKviar would change the previously stated in the Conditions, and will not imply any waiver of rights. On the contrary, these rights will remain in full force.
e) Resolution of the contractual relationship and suspension of the Service. In case the user does not respect these Conditions, ClubKviar may terminate this contractual relationship and reserves the right to suspend the User Account without prior notice and suspend and / or deny access to the Service.
f) Third Party Links. The Website and the App may contain links to other websites of third parties, which are operated by independent companies of ClubKviar In no case ClubKviar may be associated with services provided by third parties and / or the websites of third parties in question.
g) Resolution of online litigation. The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/
h) Waiver. The failure of ClubKviar to partially or fully exercise any rights or the waiver of ClubKviar of any breach of these Conditions by you shall not prevent a subsequent exercise of such right by ClubKviar or be deemed a waiver by ClubKviar of any subsequent breach by you of the same or any other term of these Conditions.