1. GENERAL INFORMATION
The ownership of this website, www.bahcare.es, (hereinafter, the website) is held by: CICAV HEALTH CANARIAS, S.L. (hereinafter, BACHCARE, or the Owner), with NIF: B-76812361 and registered in the Mercantile Register of Tenerife; and whose registration details are: folio 3651, Page TF-63574, inscription 1 and whose contact details are:
Address: Carretera del Rosario, 13. San Cristóbal de La Laguna, 38108, Santa Cruz de Tenerife.
Contact telephone number: 630062723
Contact email: legal@bachcare.es
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.bahcare.es) and the BOOKING of Programs on it (hereinafter, Conditions).
In addition to reading these Terms and Conditions, before accessing, browsing and/or using this Website, the User must have read the Legal Notice, the Cookies Policy, and the Privacy Policy of BACHCARE. By using this Website or by Booking Programs through this Website, the User agrees to be bound by these Terms and Conditions and all of the above, and if the User does not agree to all of the above, the User should not use this Website.
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the Program RESERVATION is requested will be applicable.
For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above.
2. THE USER
Access, browsing and use of the Web Page confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Web Page begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
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To make use of this website only to make enquiries and legally valid purchases or acquisitions.
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Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled, and the relevant authorities will be informed.
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Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice, Privacy Policy and Cookies Policy).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The User may conclude, at his/her choice, with BACHCARE the contract of sale of the desired services in any of the languages in which the present Conditions are available on this Website.
3.BOOKING PROCESS
Users can Book Programs on the Website by the means and forms provided. They must follow the online procedure at www.bahcare.es, during which several Programs can be booked and added to the shopping cart, and finally click on “Checkout”.
The User must also fill in and/or check the information requested at each step.
The User will then receive an e-mail confirming their RESERVATION. Once the BOOKING procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. The User may also, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it from BACHCARE using the contact spaces on the Website, through the contact details provided above or in person at the center where the service will be provided.
The User acknowledges being aware, at the time of the RESERVATION, of certain particular conditions of sale concerning the Program in question and which are shown next to the presentation or, where appropriate, image of the Program on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, details of the Program, duration and other characteristics, and acknowledges that the making of the RESERVATION constitutes full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, reservations and payments involved in transactions carried out on the Website may be archived and kept in BACHCARE’s computerized records in order to constitute a means of proof of the transactions, in any case in compliance with reasonable security conditions and the applicable laws and regulations in force in this regard, and in particular in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
The RESERVATION of Programs will entitle the Client to enjoy the selected Program, on the date chosen during the RESERVATION process, however, it will be subject to the availability of the Program and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the provision of the services. In cases where the provision of the Program becomes unfeasible, BACHCARE undertakes to contact the User and reimburse any amount that may have been paid as a fee.
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PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless, by legal requirement, especially regarding VAT/IGIC, a different matter is indicated and applied.
Under no circumstances will the Website automatically add additional costs to the price of the service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect the Reservation that the User has already received a confirmation via email.
The accepted means of payment will be: Credit or debit card, and PayPal.
BACHCARE uses all means to ensure the confidentiality and security of the payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if the issuing bank does not authorize the payment, BACHCARE will not be able to enter into any contract with the User.
Once BACHCARE receives the Reservation from the User through the Website, the User’s credit card will be charged 20% of the total price, at the time the confirmation of the Reservation is sent to the User. The remaining amount to be paid by the User will be charged at the beginning of the Program.
If the payment method is Paypal, the charge will be made in the same way as by credit card.
In any case, by clicking on “Finalize purchase” the User confirms that the payment method used is his/her own.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her BOOKING on the Website, he/she may modify them by contacting BACHCARE through the contact spaces provided on the Website, and/or by using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on “FInalize purchase”, has access to the shopping cart where their Booking requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and the Privacy Policy for more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. CANCELLATIONS
As a general rule, and once the RESERVATION of your Program has been made (with a charge of 20% of the total price), you may proceed to cancel it free of charge up to 15 days before the date of the Program appointment. From that moment on, the amount of the RESERVATION will be definitively charged to your card.
The RESERVATION may be cancelled by sending an e-mail to legal@bachcare.es confirming the cancellation and indicating the reservation number, taking into account the requirements indicated in this document.
In the event that the reason for the cancellation is associated with the restrictions imposed by the governments of Spain or your country of origin due to the Covid-19 pandemic, you will have up to 24 hours before the date of the Program appointment, free of charge. From that moment on, your card will be definitively charged the value of the RESERVATION.
Due to the possible restrictions imposed as a result of the Covid-19 pandemic, BACHCARE offers you the possibility to keep the RESERVATION and adapt it to any alternative date within 12 months from the date of cancellation. Right of withdrawal
In the event that the booked Program includes accommodation service, in accordance with consumer law, the right of withdrawal does not apply.
In cases where the Program has been booked without accommodation service, the User, at the time of BOOKING the Program, has the right to withdraw from the said BOOKING within 14 calendar days without giving any reason.
This cancellation period will expire 14 calendar days after the day on which the User booked the Program(s) through the BACHCARE Website.
To exercise this right of withdrawal, the User must notify BACHCARE of his/her decision. This can be done, where appropriate, through the contact spaces provided on the Website or via email legal@bachcare.es.
The User must clearly and unequivocally state that he/she intends to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, BACHCARE will reimburse the User for all payments received, and in any case no later than 14 calendar days from the date on which BACHCARE is informed of the decision to withdraw by the User.
BACHCARE will reimburse the User using the same payment method used by the User to make the initial Program BOOKING transaction. This refund will not generate any additional cost to the User.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, BACHCARE accepts no liability for the following losses, regardless of their origin:
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any losses which are not attributable to any breach by you;
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business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
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any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale and purchase of the services was entered into between the parties.
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BACHCARE also limits its liability in the following cases:
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BACHCARE applies all measures concerning to provide a faithful visualization of the service on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
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Technical failures which, by chance or otherwise, prevent the normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the availability of the service. BACHCARE puts all the means at its disposal in order to carry out the purchase process, payment, however, is exempt from liability for causes not attributable to it, fortuitous event or force majeure.
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In general, BACHCARE shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:
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Strikes, lockouts or other industrial action.
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Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
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Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
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Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
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Impossibility of using public or private telecommunications systems.
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Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended for the period during which the force majeure continues, and BACHCARE will have an extension of time to fulfil them for a period of time equal to the duration of the force majeure. BACHCARE will use all reasonable endeavours to find a solution to enable it to fulfil its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Site, User agrees that most communications with BACHCARE will be electronic (e-mail or notices posted on the Site).
For contractual purposes, User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that BACHCARE sends electronically comply with legal requirements to be in writing. This condition shall not affect the User’s statutory rights.
The User may send notifications and/or communicate with BACHCARE through the contact details provided in these Conditions.
Likewise, unless otherwise stipulated, BACHCARE may contact and/or notify the User by e-mail or at the postal address provided.
11. WAIVER
No waiver by BACHCARE of any specific legal right or remedy or failure by BACHCARE to require strict performance by User of any of its obligations shall constitute or waive any other rights or remedies arising under a contract or the Terms, or relieve User from performance of its obligations.
No waiver by BACHCARE of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and formalized and communicated to User in writing.
12. VOID
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any documents expressly referred to herein constitute the entire agreement between User and BACHCARE relating to the subject matter of the sale and purchase and supersede any prior agreements, understandings or promises made orally or in writing by the same parties.
User and BACHCARE acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly mentioned in these Conditions.
14. DATA PROTECTION
Any personal information or data that the User provides to BACHCARE in the course of a transaction on the Website will be treated in accordance with the Privacy Policy, Cookie Policy and Legal Notice. By accessing, browsing and/or using the Website the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The terms and conditions that govern this Web Page and all relations that may arise from it are governed by Spanish law.
Any dispute that may arise from accessing or using this page shall be subject to the jurisdiction of the courts that correspond to the user’s jurisdiction.
16. COMPLAINTS AND CLAIMS
The User may submit complaints, claims or any other comments to BACHCARE using the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, BACHCARE has official complaint forms available to consumers and users, which they can request from BACHCARE at any time, using the contact details provided at the beginning of these Terms (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between BACHCARE and the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.
