Terms and Conditions of Purchase
PLEASE READ THIS DOCUMENT CAREFULLY. CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
1. INFORMATION ABOUT US
1.1 We operate the Website. We are Telecyl (hereinafter “Thegetawine”), a corporation incorporated in Spain with registered office at C/ Enrique Cubero, 9, 47014 Valladolid, Spain and registered in the Tourism Registry of Castilla y León with identification code No. CICL.47-212.
1.2 References to “Thegetawine”, “we” and “us” refer to Telecyl. References to “you” refer to the person accessing, downloading or using the Website, or the company or organization on whose behalf such person is accessing, downloading or using the digital platform.
2. ABOUT THESE TERMS AND CONDITIONS
2.1 These Terms and Conditions of Service (as they may be amended from time to time) set out the terms on which we provide all of our services to you (whether directly or indirectly), including, but not limited to, the terms on which we act as agents on behalf of suppliers who offer their services through Thegetawine (the
By accessing, browsing and using any of our websites, including, without limitation, the website at www.thegetawine.com and our social media pages (collectively, the “Website”) or by communicating with us, whether by telephone, electronically and/or by completing a reservation, you acknowledge and agree that you will be bound by these Terms and Conditions of Service.
2.2 Thegetawine may modify these Terms and Conditions of Service at any time and without prior notice. Any changes to these Terms and Conditions may be notified to you by e-mail (to the e-mail address you have communicated to us on the Website) or by posting a notice on the Website.
2.3 If you continue to use the Website after these new changes to the Terms and Conditions of Service have been introduced and notified, you agree to be bound by them.
2.4 You may consult the most recent version of the Terms and Conditions of Service at any time by clicking on the “Terms and Conditions” link at the bottom of the website. The most recent version appearing on that page will supersede all previous versions.
3. SCOPE OF SERVICE
3.1 The website is a digital platform through which you will be able to search, book and rate wine tourism experiences, gift cards, gastronomic tourism, private transport and accommodation on the website by our suppliers (the “Experiences”).
When you book an accommodation or an Experience, you agree that you are contracting services or accommodations from other providers different from Thegetawine who will be responsible for providing the different services, i.e. Partners. Therefore, Thegetawine acts solely as an intermediary between the Partners and you, providing a digital platform that allows you to transact business with them.
We do not select or organize your trips for you, and we are not organizers of “package tours” within the meaning of the current regulations.
3.2 Our Partners are responsible for the accuracy, completeness, truthfulness and fairness of the information contained on the website about data, offers, rates and availability, as it is included directly on the website by them, without Thegetawine being able to assume any responsibility for it.
Thegetawine is not responsible for the opinions and comments of users, nor do they represent a recommendation, endorsement or warranty as to quality, experience or value for money on our part.
4.1 In order to confirm a reservation, you must have the authorization of all persons mentioned in the reservation, as well as their parents or guardians in the case of minors under 18 years of age. By making the reservation, you confirm that all persons mentioned in the reservation and/or accompanying persons accept these Terms and Conditions and that you will inform the other persons mentioned of the details of the confirmation and any other relevant information. By making the reservation, you are also responsible for all payments corresponding to the reservation.
4.2 Thegetawine will send a confirmation email as soon as the Member confirms his/her reservation and makes the payment.
4.3 In the event that a Member does not confirm a reservation, no charge will be made.
5. CANCELLATION OF A RESERVATION
5.1 In order to proceed with the cancellation of a reservation, as well as to consult the cancellation refund rights or to file any complaint or claim against the service, you must take into account the terms and conditions established by the corresponding Partner.
Please ensure that you have reviewed the relevant Partner’s terms and conditions before booking any Experience through the Website. Partners may update their offers (including cancellation and no-show policies and applicable terms and conditions) from time to time.
5.2 If you wish to revise, modify or cancel a reservation, you must follow the instructions indicated in the confirmation email and refer to the applicable policies and/or terms and conditions of the Partner in question.
5.3 If there is no separate cancellation policy of that Partner reflected on Thegetawine.com, the policy set forth in clause 5.4 shall be deemed to apply.
5.4 In the event that no cancellation conditions have been included for your trip you may make cancellations as follows:
- In one-day experiences or visits to wineries:
- If the cancellation is made at least 7 days or more prior to the start date of the experience or visit, you will receive a full refund of the price paid minus Stripe commissions, as applicable.
- If the reservation is cancelled with less than 7 days notice, no refund will be made.
5.5 You may cancel your reservation through the Web site. The amount will be refunded according to the Terms and Conditions of each Member.
5.6 You will be notified in writing in the event that the Member cancels a reservation or part thereof. Cancellation of a reservation or part of a reservation by a Member shall be governed by the cancellation policy of the Member who shall be solely responsible for it.
5.7 In the event that a Member cancels a reservation or part of a reservation or in the event of any unforeseen cancellation due to force majeure, Thegetawine will refund the full amount received.
7.1 Unless otherwise stated on the Website or in any confirmation email received from the Website or the Partner, all prices on the Website are shown inclusive of VAT and all other applicable taxes (subject to change of such taxes). If you are unsure whether taxes are included in the price, please check with the relevant Partner to confirm whether additional local taxes are payable to the Partner at the time of arrival at the accommodation or service.
7.2 In the case of some accommodation and/or service offers, you may see different rates published for the same offer on the same dates. Rates may take into account different levels of accommodation or service, different cancellation or refund policies or other reasons. Be sure to read the offer details carefully before booking with any Partner.
7.3 All payments shall be made in the currency of the Member as stated in the booking confirmation. The prices indicated in any other currency are approximate and may be subject to variations between the date of reservation and the date of payment (if these dates do not coincide). Thegetawine is not responsible for errors related to currency conversions or additional bank charges related to currency conversions.
9. LIMITATIONS OF USE
To use this Web you have to take into account some considerations:
- This platform must not be used for fraudulent or illegal purposes, or to carry out any conduct that may damage the image, interests and rights of Thegetawine, its partners, minors and, in general, any third party.
- This platform must be used by users over 18 years of age. In the event that it is used by minors, the parents, guardians or persons with sufficient representation of the same, will be responsible for such use.
- All information provided during registration must be true, complete and accurate and it is necessary to report any changes that may occur. The user shall be solely responsible for the falsity or inaccuracy of the data provided.
- You must safeguard the identification codes or keys, refraining from using them for illicit purposes or effects or contrary to the law, these general conditions, morality, public order or good customs. The user is responsible for the choice, loss, theft or unauthorized use of the identification codes or passwords.
- You agree not to upload, post, send or transmit by electronic mail or otherwise any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web Site.
- You agree not to interfere with the servers or networks connected to the Web Site or violate any of the procedures, policies or regulations of the networks connected to the Web Site, including these Terms of Service.
- Resale of experiences promoted by Thegetawine is not allowed.
- You agree not to attempt or reverse engineer or sell, export, license, modify, copy, distribute or transmit the Web Site (or associated software) to any third party, or compromise the proper functioning of the Web Site, or otherwise attempt to obtain the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Web Site or use the Web Site to generate unsolicited advertising or spam.
Failure to comply with these conditions may entitle Thegetawine to limit or suspend the use of the Web without prejudice to the application of the responsibilities arising from its actions.
10. OUR RATES.
10.1 Browsing the thegetawine.com website is free of charge. You may incur liability for payment if you decide to make a reservation with one of our partners. If this payment obligation arises, we will clearly indicate this to you before you enter your card details. We always try to make the charges as clear and easy to understand as possible.
11. VALUATION OF PARTNERS
11.1 Once your Experience has been completed, we invite you to rate and share your experience (hereinafter, the “Review”). Completing this evaluation is completely optional.
11.2 In this Review you may include comments on the quality of the service or accommodation, the location of the Member or service, the value for money, as well as any other considerations you wish to share.
You shall be solely responsible for the content of your Reviews, as well as for any crime or misdemeanor committed through the same or any other damage arising therefrom, holding Thegetawine harmless for all liabilities that may arise from your comments.
11.3 You agree that Thegetawine is free to use any comments, information or ideas contained in any Review you submit to Thegetawine (whether by email or through the Website) without compensation, acknowledgment or payment to you and for any purpose whatsoever. All information contained in your Review will be considered by Thegetawine as non-confidential and you agree that such information may be used by us without any time or space limitation, including its publication on the website as a rating of the Partner in question, its transmission to the Partner itself for quality improvement or its use (or any part of it) in any marketing or advertising action.
11.4 Reviews that contain criminal or violent content or are contrary to the law, ethics, morals or good customs may not be published, modified or deleted without prior notice and without the need to justify such decision.
14. INTELLECTUAL PROPERTY
14.1 Thegetawine and/or its licensee(s) are the sole owners of the Website, which includes any software, domain and content available through them. The website is protected by Spanish and international copyright and other intellectual property laws.
14.2 We permit you to use the Website solely for your personal use and for the purpose of booking your Experience and Thegetawine grants you a limited license solely for that purpose. Therefore, you are not permitted to resell, republish, repost, export, modify, reverse engineer, extract, copy, display for commercial purposes, download, distribute, transmit or reproduce, any content, information, software, products or services for any purpose or activity.
14.3 Any unauthorized use of the Website will result in automatic termination of the limited permissions granted by us. Thegetawine reserves the right to revoke these rights without notice at any time following unauthorized use of the Website by you.
14.4 Thegetawine and its graphics, logos, icons and service names may not be used without the express prior written consent of Thegetawine.
14.5 All other trademarks not owned by Thegetawine that appear in connection with the Web Site are the property of their respective owners.
15. ELECTRONIC COMMUNICATIONS
15.1 By using the Website and, in particular, by booking any experience with a Partner, you consent to receive electronic communications and notifications from Thegetawine and the Partner with whom you have booked the experience.
16. WARRANTY AND LIABILITY
16.1. Thegetawine assumes no responsibility for errors or omissions in the Website or in the experiences offered or promotions made available to you or on your behalf through the Website; for failures, delays or interruptions in the Website; for loss or damage arising from your use of the Website, including, without limitation, any damage to your mobile device; or for any conduct of users of the Website. We reserve the right to offer the Web Site at our sole and absolute discretion.
16.2 In no event shall Thegetawine, its shareholders, directors, employees or agents be liable (jointly or severally) for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms of Service, whether or not advised of the possibility of damage. Thegetawine does not purport to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of Thegetawine. If any applicable authority holds any part of this section to be unenforceable, liability shall be limited to the fullest extent permitted by applicable law.
16.3 By using or accessing third party services, promotions and websites (including those of our Partners), you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites, and you hereby acknowledge that we shall not be responsible for the provision of the services, the accuracy of promotions or the content of websites owned or operated by third parties.
17.1 You agree that these Terms of Service and any claim, dispute or controversy arising in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Thegetawine advertising or any related transaction between you and Thegetawine shall be governed by and construed in accordance with Spanish law.
17.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Valladolid (Spain).
18.1 Thegetawine may modify, discontinue, suspend or cease providing the Website at any time without notice. We reserve the right to terminate these Terms and Conditions of Service for any reason without notice.
19.1 If any court or competent authority decides that any provision of these Terms and Conditions of Service is invalid, illegal or unenforceable to any extent, such provision shall, to that extent only, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
19.2 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
19.3 Thegetawine shall not be liable for any change, cancellation, effect on your booking, loss or damage suffered by you or for any breach by any Partner or Thegetawine of any of our respective obligations to you if the breach is caused by force majeure. By way of example, force majeure includes, but is not limited to, war, revolution, terrorist act, border closure, epidemic, natural catastrophe or other causes seriously affecting both parties and other unforeseeable causes beyond Thegetawine’s control.
19.4 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of such provision or any other provision and shall not relieve you of any obligation to comply with such provision.
19.5 You are not authorized to assign, transfer, charge, subcontract or otherwise deal with all or any of your rights under these Terms and Conditions of Service without our prior express written consent.
19.6 These Terms of Service set forth the entire understanding and agreement between you and Thegetawine with respect to the subject matter hereof.