Terms and Conditions Eco-Wellness resort Torres de Selma SL
El Pla de Manlleu, July 01, 2023
Contents:
Purpose and Applicability
Terms and Definitions
General Provisions
Our packages
Reservation and booking
Cancellation
Arrival and Departure
Prices
Special Circumstances
Responsibilities and Liability
Complaints
Privacy and Confidentiality
Personal Data and Images
Intellectual Property
1. Purpose and Applicability:
These general terms and conditions aim to clarify the content of agreements entered into between customers and Torres de Selma SL (hereinafter referred to as “TDS”).
These conditions determine the (legal) acts between the customer and TDS and apply to every stay at the Eco-Wellness resort as well as to all treatments, events and any other activities that are provided there by or on behalf of TDS.
TDS has the right to change these general terms and conditions if it deems this necessary or circumstances require it to do so.
2. Terms and Definitions:
Ayurveda: A natural system of health and preventive health care that originated in India more than 5,000 years ago.
Practitioner: The person who performs the treatment.
Handling: The whole and/or parts of the packages provided on TDS with therapy.
Manager: Replacement of the owner(s) in the absence of the owner(s)
Owner: Luc Jacobs and Narda Veugelers
Event: A course, training, seminar, workshop or any other meeting.
Customer: The person staying at the resort, undergoing treatment or participating in an event and/or the legal entity with whom the agreement regarding the booking for this activity/activities has been concluded.
Agreement: The written agreement between a customer and TDS regarding a stay, treatment and/or participation in an event at the resort. In exceptional cases, an agreement can be entered into by telephone.
Package Price: The price (also referred to as ‘registration fee’) that the customers pay for the various packages of Ayurvedic treatment, events and/or overnight stay(s) that TDS offers.
Trainer: The person who gives and/or leads a training, course, seminar, education and/or workshop.
Stay: The physical presence of a customer on the TDS site using the facilities available there for a day visit or for a longer period.
Accommodation packages: Packages of varying content and cost, in which TDS combines treatments or events with accommodation facilities and possible meal facilities.
3. General Provisions:
Torres de Selma only serves vegetarian food and drinks without alcohol. The entire resort, both the buildings and the 37 acres of property surrounding it, is a non-smoking environment.
Customers must be 18 years or older, have a permanent place of residence or abode and present a valid ID.
Customers under the age of 18 may be admitted, but only if accompanied by a parent, guardian or legal representative.
Unfortunately, the difficult accessibility of the restored historic buildings and the hilly terrain make our resort unsuitable for people in wheelchairs.
Our rooms can accommodate a maximum occupancy of two to four people, depending on the room assigned.
TDS expects customers to comply with the General Terms and Conditions as well as to comply with the house rules and instructions that the owner and / or manager will make known on arrival or possibly during the stay. The most important house rules can also be found in all guest rooms.
In case of violation of the General Terms and Conditions, and in case of inappropriate behaviour, the owner or manager can immediately deny a customer access to TDS, without further notice and (or) statement of reasons and without refund of the costs paid for accommodation and/or activities. The administration of the owner is decisive in case of mutual disagreement, unless the customer can prove otherwise.
4. Our Packages:
TDS offers three types of accommodation packages:
Packages with traditional Ayurvedic treatments of different lengths (1 day, 3, 5 or 12 days respectively). The availability of these packages is indicated in the current annual calendar on our website www.torresdeselma.com, which also describes in detail what the various packages contain.
The Ayurvedic treatments will become available from March 2024.
Event Packages. These can be: courses, training, seminars, and workshops. Events are announced on our website www.torresdeselma.com including a description of which accommodation and/or meal facilities are included in the package.
Overnight stays in accordance with the Bed & Breakfast model. Minimum stay is two nights. Customers who undergo an Ayurvedic treatment or participate in an event can, provided the availability of rooms, book separate overnight stays before or after the treatment and/or event they have attended.
5. Reservation and booking:
TDS only works with reservations/bookings that are made prior to the stay.
A reservation agreement can be entered into by telephone, e-mail or by registration, whether or not electronically, via a registration form on the website www.torresdeselma.com.
By submitting a registration form, a reservation request by e-mail or registration by telephone, the applicant agrees to the General Terms and Conditions of TDS.
After receiving a reservation request and provided that the requested place is available, TDS will send a reservation confirmation with information about the amount to be paid and the method of payment.
Payment must be made within 7 calendar days after receipt of the reservation confirmation.
For reservations with arrival at the resort within one week, payment must be made immediately.
After receipt of payment, the reservation will be converted into a final booking. The customer receives a confirmation of this by e-mail.
If the payment is not received in time, the reservation request will be cancelled. The applicant will be notified of this by e-mail.
6. Cancellation:
In case of cancellation by the customer, the percentage refund of the package price depends on the number of days between cancellation and the planned arrival date:
– In case of cancellation more than 30 days in advance: 100% refund
– In case of cancellation between 30 and 10 days in advance: 50% refund
– In case of cancellation less than 10 days in advance: no refund (retention of the full amount paid applies).
Refunds in the event of cancellation for events offered as part of a special promotion and/or at a reduced rate are not possible.
In case a customer does not show up at TDS on the arrival date, this will be considered as a cancellation less than 10 days in advance and no refund will be made (retention of the full amount paid applies).
The cancellation conditions can only be deviated from at the discretion of the owner or manager (for example in case of force majeure).
In order to be eligible for any refund, the cancellation must be communicated directly to the owner by email (info@torresdeselma.com). In the event of cancellation by telephone, TDS will send the customer a confirmation of the reported cancellation as soon as possible, but no later than within 48 hours.
The notification time stated in the e-mail or, in the case of cancellation by telephone, the notification time confirmed by TDS, is decisive for the calculation of the cancellation costs.
In the event of a refund, the amount due will be transferred to the customer’s account within two weeks, less € 75.00 administration costs.
In case of early departure, no refund will be made for unused days.
For its part, TDS can only cancel the reservation agreement or booking in case of force majeure, natural disaster, extraordinary weather conditions, fire, death of the owners or family, hospitalisation, serious illness or unexpected sale.
In each of these cases, the owner or manager will offer the customer an alternative as soon as possible.
If no alternative is possible or the customer does not accept the alternative offered, the full amount paid by the customer (100%) will be refunded.
Any other costs incurred by the customer as a result of the cancellation will not be reimbursed by TDS.
We recommend that you take out travel and/or cancellation insurance.
7. Arrival and Departure:
On the day of arrival, the room is available in accordance with the booked treatment or event packages as described on www.torresdeselma.com.
In the event of an overnight stay outside the treatment packages and/or events offered, the arrival time is from 3:00 PM to 8:00 PM at the latest.
It is appreciated if the expected arrival time is communicated to TDS in advance.
Different arrival times than mentioned above are only possible with advanced notice, and are at the discretion of the owner.
Due to the cleaning of the rooms, it is necessary to vacate them before 10:00 am on the day of departure.
In consultation and if the availability of the room allows it, a late checkout is possible with three options:
a. Check-out before 13.00 against an additional payment of (VAT included) € 30.00;
b. Check-out before 4 p.m. against an additional payment of (VAT included) € 60.00;
c. Guaranteed checkout after 5 p.m. (but not later than 8 p.m.) against payment of (VAT included) the price of an additional night.
8. Prices:
The prices of all types of packages that TDS offers, as well as what they contain, can be found on the website www.torresdeselma.com. Prices include VAT.
The prices for an overnight stay according to Bed & Breakfast model include VAT.
Government changes in the VAT rate or other taxes do not entitle the customer to termination of the agreement free of charge.
Unless stated otherwise on our website www.torresdeselma.com, the prices for the treatment packages, events and B&B overnight stays do not include transport to and from the location (airport, train station or bus station).
If desired, overnight customers can order lunch or dinner if this is done the night before (lunch) or before 10:00 am on the day itself (dinner) and the other occupancy at the resort allows this. Price per meal is (including VAT) € 30.00 per person (excl. alcoholic drinks).
Infants and children under 5 years of age go free on their parent’s meal plan. Half of the normal meal price is charged for children from 5 to 12 years old.
9. Special Circumstances:
In case TDS is forced to deviate from a planned start time, date or location of a treatment or event due to circumstances beyond its control, it has the right to change this without any financial or other compensation towards the customer. Naturally, TDS will make every effort to follow the original planning.
TDS reserves the right to cancel or combine events, without being obliged to reimburse the customer for costs already incurred or to be incurred by the customer.
If an event is changed or cancelled, TDS will promptly notify the customer in writing via e-mail.
In consultation with the customer, TDS will move a cancelled event to another date once. If no other date is available or no other date is found in consultation with the customer, the amount paid minus the administration costs will be refunded to the customer within 14 days in the event of total cancellation of the event.
TDS has the right, with a clear statement of reasons, to refuse participation of a customer in an event. TDS will then refund the participation costs paid by the customer for the program days not used within 14 days.
TDS ensures that at least one trainer is present at an event and is at all times entitled to replace the trainer with another trainer.
If the customer is unable to participate in the entire event, replacement by another person is possible, provided that this person is registered with TDS no later than 7 days before the start date and meets the admission requirements. The costs for this are € 250.00 (including VAT). The original customer is jointly and severally liable for these costs in addition to the person by whom he/she is replaced.
If a customer is unable to participate in the treatment, replacement by another person is not possible.
10. Responsibilities and Liability:
TDS strives to provide all customers with a carefree stay. However, we bear no responsibility for loss, theft, accident, personal injury, medical expenses or damage to property caused by personal negligence or circumstances beyond our control.
In the event of any damage to property of and/or loss of goods belonging to TDS, we expect customers to report this to us. Any costs will be charged.
TDS is not liable for malfunctions in and around the accommodation such as power failure, internet, water supplies and technical installations.
TDS makes every effort to carry out the Ayurvedic treatments to the best of its knowledge and ability. To this end, we work exclusively with qualified and experienced practitioners and quality-oriented protocols and guidelines (so-called SOPs, Standard Operations Procedures).
In order to maintain the highest quality, we work together with the experts of Citrine, who provide clinics with authentic Ayurveda in several places around the world. In addition, we regularly have substantive consultations with Guru Yogi Shivan, the founder and leader of Indimasi Healing Village in Kerala, India.
TDS does not accept any liability for damage to (personal) property of the customer, caused on the way to or from or during the stay at our resort.
TDS is only liable towards the customer for damage that is the direct result of intent or deliberate recklessness.
TDS is not liable for indirect damage such as consequential damage, loss of profit or income and damage due to business interruption.
TDS is not liable in case the customer, or a third party, has/have the possibility to address an insurance company.
Spanish law applies to the agreement and the relationship with the customer. Any disputes arising from the legal relationship will be submitted exclusively to the Spanish court, El Vendrell district, for assessment.
No rights can be derived from the content of our brochures or the texts on our website.
Ayurvedic treatment is not intended to take the place of traditional Western medicine and/or replace medical advice, diagnosis or treatment. Customers seeking medical advice, diagnosis and/or treatment or who have medical questions about their health, any on-going treatment and/or medication use are responsible for consulting their medical professionals or healthcare providers.
Well before the start of an Ayurvedic treatment package, the clients will be asked to fill in a questionnaire sent to them. This allows the practitioner to optimally plan the treatment and tailor it to the individual needs and situation of the client. It is the customer’s responsibility to return this questionnaire in a timely and truthful manner.
11. Complaints:
Of course we do our utmost to offer our customers a carefree and unforgettable stay. If, despite our good care, there is a complaint, we would like to hear about it on the spot so that we can solve it immediately.
Complaints about the treatment or events must be submitted to TDS in writing within 1 week after participation, failing which the right to complain will lapse.
TDS strives to handle complaints as thoroughly as possible and as quickly as possible. The complainant can expect our response to the complaint within 1 month at the latest.
12. Secrecy and Confidentiality:
TDS, its staff and persons working for TDS treat the information provided by the customer confidentially. TDS conforms to the applicable privacy legislation.
13. Personal data and images:
By accepting these General Terms and Conditions, the customer is aware of and agrees that his/her (personal) data and/or those of his/her organisation will be stored by TDS.
TDS may always use the stored (personal) data of the customer and/or his/her organisation to verify whether the obligations arising from the agreement have been met.
In principle, such (personal) data can also be used to inform customers via telecommunications or other means about other/new activities and/or products and services of our resort. We have decided to actively request permission from the customer for this. This is done through a question when filling in reservation information on our website. Here the customer can choose whether or not to receive our newsletter and other information.
TDS reserves the right to make visual material of events organised by it (such as courses and training), which material can be used to support TDS’s commercial activities. By accepting these General Terms and Conditions, the customer agrees, even if the customer can be seen on that image material. TDS will not make any recordings unless the customer explicitly states that he does not wish to be recognizable on visual material.
Any images made during a treatment (for example to protect the client and the practitioner) will be treated completely confidentially and will not be shown commercially and/or to others, unless explicitly agreed otherwise with the client.
14. Intellectual Property:
Without the express written permission of TDS, the customer is not entitled to publish, exploit or in any way reproduce data from and/or parts and/or extracts of the material provided.
The intellectual property of the materials used during events (course, training, seminar, education, workshop) belongs entirely to TDS and or the rights holders in case materials are used during events to which others have intellectual property rights.
