These general terms and conditions (hereinafter “General Conditions” the) are designed to regulate the management and sale “on-line” (hereinafter, the “Service”) of specific tourist packages health and wellness sector composed of stays in hotels, clinics and other industry-related health and welfare services (hereinafter collectively the “Products” and individually the “Product”) offered for sale to the public by the company LANDEVITY ( hereinafter “LANDEVITY”) through the website “www. landevity.com” (hereinafter, the “Platform”).
The General Conditions complete and develop, as they do not oppose them, the terms and conditions established for each of the selected products and then remembered in each of the orders eProcurement for each selected product (hereinafter, the ” Purchase order “) executed by users LANDEVITY (hereinafter collectively the” Customers “and individually the” Customer “) and the terms and conditions set forth in each of the confirmations LANDEVITY to each Purchase order (in hereinafter the “Confirmation”).
2. ACCESSION TO THE GENERAL CONDITIONS
3. USE OF THE WEB
1. The Client declares that he is of age and has the necessary legal capacity to be bound by this agreement and to use this platform in accordance with these Terms and Conditions, understands and recognizes in its entirety.
2. When accessing the WEB, order products and, in general, receive the Service, Customer assumes the following obligations:
(A) Use of WEB and use the product in accordance with current Andorran legislation resulting from application.
(B) not violate property rights, intellectual property rights, and industrial or other rights or legal positions LANDEVITY similar economic content, its suppliers or other third parties.
(C) not make any false or fraudulent Order of Purchase. In the event that LANDEVITY could clarify that the customer is made false or fraudulent orders, LANDEVITY reserves the right to cancel and to inform the relevant authorities.
(D) Provide truthfully LANDEVITY your email address and other personal and contact data as well as data concerning your credit card. And, if changes occur therein, by notifying LANDEVITY +376675469 by calling or sending an email to the email address email@example.com
(F) Do not use this platform for illegal or prohibited purposes. In particular, you agree that the Products purchased through this platform will be for use or consumption, or the use or consumption of people in the name of which is legally authorized to act. You may not resell to third party products or services purchased through this platform.
3. Through this platform, LANDEVITY offers a management service that allows the customer to buy the products you select. A sale on this platform means that the customer makes a purchase order to LANDEVITY to acquire Third Party Products for this, which involves a payment obligation and needs to be confirmed by LANDEVITY.
4. INFORMATION PRIOR TO HIRING
For the purposes of the provisions in the Andorran legislation concerning consumer protection and recruitment in the digital space, LANDEVITY informs customers that:
1. The procedure for signing the contract of sale of the products are, consecutively, as follows:
(A) You must select the “Book” button that appears on the page of the products that interest you.
(B) To process the Purchase Order, Customer must complete and check the accuracy of the contact information (including your name, phone number and email address), the data of your order and the address you want the order will be sent the form button “Book” will appear once selected. Customer must then select the button “I accept all the conditions of this platform” to proceed to sending your request.
(C) The customer will receive the Purchase Order electronically to your email. LANDEVITY have two business days to confirm booking Product.
(D) Once the customer receives confirmation, will be paid over a period of 2 calendar days from the date of receipt of confirmation, by bank transfer or credit card, the amount broken down in the Purchase Order. LANDEVITY send Customer by Confirmation, bank details for bank or, failing that transfer, the authorization for payment by credit card.
(E) As soon LANDEVITY receive full payment, the customer will receive the e-mail address provided at the bill and then formalized means the sales contract of the Product.
2. The documentation, data and information relating to each contract for the sale of products will be filed by LANDEVITY for 5 years, pudiéndole be forwarded by email to the Customer, upon written request of the latter, addressed to the email address info @ landevity .com, during that period of time.
3. The Customer may identify errors in entering data in the Purchase Order to receive it by email. To correct an error in entering your data after performing the Purchase Order, Customer, as soon as you have identified the error, you must contact LANDEVITY sending an email to the email address firstname.lastname@example.org
5. INVITATION TO HIRE
The information contained in the General Conditions and in the Platform, in general, does not constitute an offer for sale by LANDEVITY, but an invitation to Customer to use the mediation service offered by LANDEVITY and acquire, if any, the Products.
There will be no contract between LANDEVITY and the Customer in connection with any product until LANDEVITY has not received full payment of the purchased item.
6. PURCHASE ORDER
Purchase Orders electronically only be made through the platform, employing the electronic media arranged there.
For this purpose, the Customer must be provided and completed correctly and in full each and every one of the data requested by LANDEVITY as required.
Once LANDEVITY has confirmed the purchase order, in the case of confirmation of availability for the reservation of the Products subject to the Purchase Order and payment has been successfully completed, LANDEVITY send the Client the invoice to the e-mail address indicated on the Purchase Order.
Therefore, as already stated, the contract of sale of a product between the Customer and LANDEVITY will only be formed when LANDEVITY send the invoice to Customer.
Also, in the event that at the time of receipt of the confirmation of the Purchase Order is a problem with payment for the prescribed period of 2 calendar days, LANDEVITY inform the customer via email and it will try to perform again purchase of the Product in question and the conditions prompted.
All Purchase Orders are subject to the availability of those products in question.
In the event that at the time of receipt of an Order not have availability of the products subject to such Purchase Order, LANDEVITY inform the customer via email and will offer the opportunity to purchase other products with similar characteristics to desired by Customer, for the Customer the purchase if desired, which, if any, shall be conducted by a new Purchase Order.
8. PRICE AND PAYMENT
The full final price of the selected product is displayed to the Customer, with the corresponding breakdown, once you have selected the product you decide to purchase, and before the client is bound by any contract or payment obligation. This price will include the price of all selected products, including optional management expenses LANDEVITY and taxes applicable to them. Customer should note that the management fees LANDEVITY are independent of the price of selected products and are not refundable in any case as charged for brokerage services provided by LANDEVITY for assistance in the process of reservation, purchase and enjoyment of the Products.
The price will be paid by bank transfer to the stipulated in the Reservation confirmation or credit card through the attached authorization to Reservation confirmation account. If Customer pays the price by credit card authorization must complete and send to LANDEVITY by email to the email address email@example.com without prejudice that the Customer subsequently provide the original authorization to LANDEVITY. LANDEVITY not accept any means different from those established in the General Conditions payment.
LANDEVITY excludes all liability regarding infringement by third parties of the confidentiality and security of information and data provided by the Customer on payment of their electronic purchases by credit card when such violations escape their control, to the extent in the treatment of such information and data is not exclusively under control LANDEVITY.
When the amount of a purchase had been charged fraudulently or improperly using the number of a payment card, the holder may require the cancellation of the charge if it should proceed with the cancellation by virtue of setting out the conditions of the issuer and / or the credit institution responsible for the credit card, and if insurance concerning the credit card. In this case, the corresponding entries in the debit side dressing LANDEVITY accounts and the holder shall be made as soon as possible. However, if the purchase had actually been made by the cardholder and therefore, had wrongly demanded the cancellation of the corresponding charge, Customer He will be bound against LANDEVITY to compensation for damages caused as a result of such cancellation.
The taxes are applicable, are at the customer, who must pay along with the price of the Product. These amounts are clearly indicated in the Platform and will be included in the total to be settled by the customer both time of Purchase Order Confirmation as well as on the invoice.
8.4. Impossibility of withdrawal
In accordance with Andorran legislation, we inform you that ONCE YOUR PURCHASE HAS BEEN CONFIRMED WITH YOUR PRIOR CONSENT, THE SERVICE PROVIDED BY BROKERAGE LANDEVITY BEGUN ITS IMPLEMENTATION AND NOT SUBJECT TO RIGHT OF WITHDRAWAL.
9. CANCELLATION AND / OR MODIFICATION
9.1 Policy cancellation and / or modification
Before the start date of the enjoyment of the product purchased (hereinafter, “the Effective Date”), LANDEVITY can only make the changes requested by the customer that are necessary for the proper enjoyment of the Product and are not significant. It is considered that the necessary changes are significant if impede the attainment of the objectives of the product according to its general or special features.
If at any time prior to the Effective Date time, the Customer wishes to modify the product through this platform, and LANDEVITY can make this change, LANDEVITY Customer may require the payment of justified additional costs had caused the change.
On the other hand, the customer may cancel voluntarily at any time purchase the product through this platform, be entitled to reimbursement of the amounts paid, but must compensate LANDEVITY for the items listed below:
(A) consisting of 25 percent of the total amount of Product penalty if the cancellation occurs more than 30 days prior to the Effective Date;
(B) consisting of 50 percent of the total amount of travel penalty if the cancellation occurs more than 15 days and less than 29 days prior to the Effective Date;
(C) consisting of 75 percent of the total amount of travel penalty if the cancellation occurs more than 7 days and less than 14 days prior to the Effective Date;
(D) consisting of 100 percent of the total amount of travel penalty if the cancellation occurs less than 7 days prior to the Effective Date;
The above penalties are without prejudice to the provisions of paragraph 3 of clause 9 of the General Conditions concerning management Cats cancellation and / or modification.
In the event that any of the contracted and canceled products subject to special recruitment economic conditions – such as Promotions- cancellation fees shall be established in accordance with the conditions agreed by both parties.
Finally, if the provider of a service included in the product, it looks obliged to cancel or modify the Product purchased, LANDEVITY will manage the change or offer a comparable to canceled or modified product, you do not you have accepted, assuming the customer any additional costs. If the customer is not interested in any other product, LANDEVITY manage the product refund except for management fees paid to LANDEVITY. In either case, LANDEVITY not be liable for such cancellation and / or modification.
9.2 Changes in programs Products
Product programs may be subject to change on both sides. Such changes must be negotiated and accepted by both the client and the provider of the services included in the Product. LANDEVITY will manage the changes between those parties.
9.3 Booking fee for cancellation and / or modification
LANDEVITY be responsible for the management of cancellation and / or modification by an amount of 2% of total product canceled and / or modified in respect of management fees cancellation and / or modification which do not include any penalties conferring LANDEVITY of according to its policy of cancellation and / or modification. If You wish to order a cancellation or change please contact via email to the email address firstname.lastname@example.org
10. Requirements for official documentation and health
10.1. official documentation
For the applicable regulations on compulsory passport and visa available, Customer should consult with the embassy before traveling to Andorra by country which is originating. It is your responsibility to be in possession of a valid passport and, if necessary, a visa. LANDEVITY is in no way responsible for any consequences that may have for you not possess proper travel documentation.
For those products which required sensitive health information Customer, in order to improve or provide the Product, will handle LANDEVITY provide a questionnaire sent out by the health organization that is appropriate for the selected product. In any case, LANDEVITY only act as an intermediary in the transmission of the questionnaire. Any liability that may apply to this questionnaire will be solely of the drafting of the questionnaire health entity.
The aforementioned questionnaire should be sent within 7 business days prior to the reservation date of the Product. If the Customer does not send the questionnaire that period, neither LANDEVITY nor the writer entity that requests be liable for improper or inadequate use of the Product due omitted, incorrect or fraudulent information and therefore the Customer shall not be right to any refund on the purchased item.
In any case, the Customer must select those products for which available fitness necessary for their enjoyment without risk to their health. If the Customer, buy a product for health counterproductive, LANDEVITY shall in no event be liable for any damages that the Client may suffer due to their lack of caution.
11. Supplement Insurance
Products offered on the Platform does not include any additional insurance, so the Customer agrees to individually corresponding to hire a Product purchased insurance. So the customer may not require LANDEVITY some compensation for this event.
14. PROCESSING OF PERSONAL DATA
15.1 Purchase Orders and post-sales services
All communication between the client and LANDEVITY concerning a particular Purchase Order or after-sales services may be made by e-mail, plus the phone when it stated in the General Conditions.
For the purposes of e-mail communications, LANDEVITY designates the following addresses:
Customer address for communication purposes shall be that in each case he designates in the Purchase Order, or stating after the Customer has changed such address as provided in the General Conditions.
All communications concerning a particular Purchase Order delivered to the address indicated above will be understood correctly performed, unless the recipient has previously notified the sender an address change with a minimum of ten (10) calendar days.
15.2 Complaints and other communications
Customer may submit claims and make any other communication by mail or email at the addresses provided in clause 15.1 above.
16. INTELLECTUAL PROPERTY
Products that Customer purchases, as well as the contents of the Platform, are the subject of intellectual property rights, industrial property rights and / or rights or legal positions of similar economic content owned by LANDEVITY or third parties that have given the relevant licenses or authorizations. Therefore, access to the platform or purchasing Products through it, does not grant Customers ownership or right to use such Content or Products (by, among others, reproduction, distribution, public communication , making available to the public or transformation), except that LANDEVITY or other owners of rights and / or legal positions in question are allowed, either by using the Platform through licenses or written authorizations to effect.
17.1 Limitation of Liability
LANDEVITY publishes on its platform information on different services and / or products offered by third parties, and does not guarantee the quality of these services and / or products provided by suppliers. Unless otherwise expressly provided in the current Andorran legislation, responsibility for LANDEVITY in connection with the brokerage service will be limited to the purchase price of the item.
Also, they are guaranteed all the rights that the current Andorran legislation guarantees consumers.
If for reasons of force majeure (including but not limited limited but,) there, or even if it was impossible to comply with any of the provisions agreed, LANDEVITY be exempt from any legal liability for such failure or breach.
17.2 Force Majeure
In cases of Force Majeure, LANDEVITY not be liable for damages arising from a breach of the General Conditions and, in particular, deficiencies in reservations, confirmations and / or performance of products purchased through LANDEVITY.
The Force Majeure include, inter alia, any act or event beyond the reasonable control of LANDEVITY or Customer, including but not restricted title, strikes, general or sectoral affecting the performance of the products, lockouts , fire or theft on the premises of suppliers affecting the Products, political, economic disorders or other situations of instability that affect security.
17.3 Queries and Complaints
Customer must contact by email LANDEVITY email@example.com if you have any queries or complaints regarding your purchase before your departure. If Customer has a complaint regarding the products purchased, it must formally initiate the complaint or complaints to the provider of the service or product under complaint or claim before the return of the Customer or alternatively the customer may contact LANDEVITY calling the phone number +376676469 or by sending an email to firstname.lastname@example.org. However, any complaint or claim that has not been notified within a period of 10 days after the use of the Product will be prescribed.
These Terms may be modified by LANDEVITY. Is your responsibility to read them periodically, as the current General Conditions at the time of access to the platform or the conclusion of the sales contract, shall be those applicable.
19. GOVERNING LAW
These Terms are governed by the laws of the Principality of Andorra and are subject to Andorran jurisdiction.