Background:

These Terms of Service, together with any and all other documents referred to herein, set out the terms under which Services, namely LMDES Getaways, are sold and provided by Us through this website, lasmorenasdeespana.com (“Our Site”).  Please read these Terms of Service carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Service when ordering Services.  If you do not agree to comply with and be bound by these, you will not be able to order Services through Our Site.  These Terms of Service, as well as any and all Contracts, are in the English language only.

1.          Definitions and Interpretation

1.1          In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Services, as explained in Clause 6;

“Order” means your order for the Services;

“Order Confirmation” means our acceptance and confirmation of your Order;

“Services” means the services (namely, Las Morenas de Espana Getaway) which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation).

“We/Us/Our” means Las Morenas de Espana, LLC

 

2.          Information About Us

Our Site, lasmorenasdeespana.com, is owned and operated by Las Morenas de Espana, LLC.

 

3.          Access to and Use of Our Site

3.1       Access to Our Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3       Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4.          Age Restrictions

You may only purchase Services through Our Site if You are at least 18 years of age.

 

5.          Services, Pricing and Availability

5.1       All prices are in Euros (€) unless otherwise stated.

5.2       We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

5.3       Please note that Clause 5.2 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

5.4       We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications are provided on Our Site however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site.

5.5       We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  The price of the Services will not normally be subject to change, however we reserve the right to increase or decrease prices due to variations in service charges, insurance/security levels or exchange rates, and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any Order that you have already placed.

5.6       In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

 

6.          Orders – How Contracts Are Formed

6.1       No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

6.2       Order Confirmations shall contain the following information:

6.2.1   Confirmation of the Services ordered including full details of the main characteristics of those Services;

6.3       If We, for any reason, do not accept or cannot fulfill your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

6.4       We may cancel your Order at any time before We begin providing the Services in the following circumstances:

6.4.1   The required personnel and/or required materials necessary for the provision of the Services are not available; or

6.4.2   An event outside of Our control continues for more than 30 days (please refer to Clause 12 for events outside of Our control).

6.5       If We cancel your Order under Clause 6.4 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.  If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.

6.6       Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Services.

 

7.          Payment

7.1       Payment for the Services will be due in full on acceptance of your Order.  Price and payment details will be confirmed in the Order Confirmation.  Your chosen payment method will be charged as indicated. At Our discretion, We will consider offering a payment plan if requested.

7.2       We accept the following methods of payment on Our Site:

7.2.1   PayPal;

7.2.2   Stripe;

7.3       We may add a surcharge depending on the payment method as notified in the Order acknowledgement.

 

8.          Provision of the Services (LMDES Getaways)

8.1       As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the networking and facilitation events sector, and in accordance with any information provided by Us about the Services and about Us.  We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).  We will use all reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

8.2          We will make every reasonable effort to provide the Services in a timely manner.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 12 for events outside of Our control.

8.3          The Retreat will take place at the location stated on your order confirmation.

8.4          In the unlikely event that We need to change the planned retreat, we reserve the right to make necessary changes to the location, date and programme at any time. Most changes will be minor and we will advise you at the earliest possible date if any changes apply.

8.5          We accept no responsibility for your travel to or from the Retreat location or for any expenses, including accommodation, subsistence and loss of earnings, caused by delayed return to your departure point, howsoever caused.

8.6          You are required to obtain independent travel insurance, including medical cover, that covers you during the period of the Services.  Proof of insurance must be provided to Us before the provision of Services begins.  We accept no responsibility for any costs incurred to you due to having invalid or inadequate travel insurance cover.

8.7          You are fully responsible for obtaining all required Visas and immunisations for the Retreat location.

8.8          If We require any other information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

8.9       If the information you provide or the action you take under Clause 8.8 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.

8.10       In certain circumstances, for example where there is a delay in you sending Us information or taking action required under Clause 8.8, We may suspend the Services (and will inform you of that suspension by email).

8.11       During the Retreat, you are expected to behave in an orderly and acceptable manner. Should your behaviour threaten the condition of the accommodation or vehicles, or seriously impair the enjoyment of other attendees, We reserve the right to refuse to further accommodate You and Our contractual obligations will be terminated.  You will be liable for the cost of any damage caused.

8.12       We reserve the right to film, record or photograph you at the Retreat and use these media in post-event materials or for marketing purposes.

 

9.          Cancellation

9.1       The Services supplied via the Website are intended for business users and you acknowledge that you are contracting as a business user.

9.2       Notwithstanding the binding nature of this business contract after Our acceptance of your Order, we will consider any cancellation provided that the request for cancellation is made more than 30 days before the retreat start date.  If you need to cancel, you should inform Las Morenas de Espana immediately by email to team@lasmorenasdeespana.com. In such circumstances, We will refund a percentage of the full retreat price as follows:

  • Cancellation more than 120 days before the start date: 100% refund minus a €100 admin fee

  • Cancellation 90–120 days before the start date: 75% refund minus a €100 admin fee

  • Cancellation 60–90 days before the start date: 50% refund

  • Cancellation 30–60 days before the start date: 25% refund

  • Cancellation less than 30 days before the start date: No refund

  • Payment plan deposits are non-refundable.

9.3       You may be entitled to cancel immediately by giving Us written notice in the following circumstances:

9.3.1   We breach the Contract in a material way and fail to remedy the breach within 30 days of you asking Us to do so in writing; or

9.3.2   We go into liquidation or have a receiver or administrator appointed over Our assets; or

9.3.3   We change these Terms of Service to your material disadvantage; or

9.3.4   We are adversely affected by an event outside of Our control that continues for more than 30 days (as under Clause 12.2)

9.4       Any refunds payable pursuant to Clause 9.2 shall be issued to you no later than 14 days after the date that we notify you that we have elected to accept your cancellation

 

10.       Our Rights to Cancel

10.1    For cancellations before we begin providing the Services, please refer to Clause 6.5.

10.2    We may cancel the Services after We have begun providing them due to an Event outside of Our control that continues for more than 30 days (as under Clause 12.2), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

10.3    Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 30 days’ written notice of such cancellation.  You will only be required to pay for Services that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

10.4    Refunds due under this Clause 10 will be issued to you no later than 14 days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Services.

10.5    We may cancel immediately by giving you written notice in the following circumstances:

10.5.1   You fail to make a payment by the due date as set out in Clause 7.  This does not affect Our right to charge you interest on any overdue sums; or

10.5.2   You breach the contract in a material way and fail to remedy the breach within 30 days of Us asking you to do so in writing.

 

11.       Our Liability

11.1    We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Service or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

11.2    We provide Services for Networking and Facilitation.  Subject to liability under applicable laws which we may not exclude, We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

11.3    Nothing in these Terms of Service seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4    Nothing in these Terms of Service seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

11.5    Notwithstanding this Clause 11, in no event will our liability pursuant to Clauses 11.1, 11.2, or 11.4 exceed twice the value of the payments (less VAT) made to Us by you pursuant to Clause 7 above.

 

12.       Events Outside of Our Control (Force Majeure)

12.1    We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

12.2    If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Service:

12.2.1   We will inform you as soon as is reasonably possible;

12.2.2   Our obligations under these Terms of Service (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.3   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

12.2.4   If the event outside of Our control continues for more than 30 days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

12.2.5   If an event outside of Our control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience, if you would prefer to contact Us directly to cancel, please use the following details: Email: team@lasmorenasdeespana.com.

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

 

13.       Communication and Contact Details

13.1    If you wish to contact Us with general questions or complaints, you may contact Us by email at team@lasmorenasdeespana.com.

13.2    For matters relating to Our Services or your Order, please contact Us by email at team@lasmorenasdeespana.com.

13.3    For matters relating to cancellations, please contact Us by email at team@lasmorenasdeespana.com.

 

14.       Complaints and Feedback

14.1    We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you wish to make a complaint about any aspect of your dealings with Us, please contact Us by email at team@lasmorenasdeespana.com.

 

15.       How We Use Your Personal Information (Data Protection)

15.1    All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

15.2    We may use your personal information to:

15.2.1   Provide Our services to you;

15.2.2   Process your Order (including payment) for the Services; and

15.2.3   Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that we stop sending you this information at any time.

15.3    In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

15.4    We will not pass on your personal information to any third parties without first obtaining your express permission.

 

16.       Other Important Terms

16.1    We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Service will not be affected and Our obligations under these Terms of Service will be transferred to the third party who will remain bound by them.

16.2    You may not transfer (assign) your obligations and rights under these Terms of Service (and under the Contract, as applicable) without Our express written permission.

16.3    The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.

16.4    If any of the provisions of these Terms of Service are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Service.  The remainder of these Terms of Service shall be valid and enforceable.

16.5    No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.

16.6    We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Service at any time, We will give you at least 14 days’ written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to Clause 9.3.

 

17.       Law and Jurisdiction

17.1    These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, US law.

17.2    Any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of New York.