General terms of use and sale

In accordance with article 10 of Spanish Law 34/2002 on information society services and electronic commerce (LSSI), the Platform is owned by:

• Company name: [to be completed]
• Tax number (NIF): [to be completed]
• Registered office: [to be completed]
• Commercial register details: [to be completed]
• Email: the contact form
• Contact form: contact
• Website: buenspot.com

BuenSpot is the trade name under which [to be completed] operates the Platform. More information about the owner is available in the legal notice.

These terms apply to everyone who visits or uses the Platform and to all voucher orders placed on it. They are general contract terms within the meaning of Spanish Law 7/1998 of 13 April on general contract terms.

These terms are addressed to consumers within the meaning of the Spanish consumer protection act, the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios (Royal Legislative Decree 1/2007, TRLGDCU). Nothing in these terms limits the rights you have as a consumer under the law.

Businesses that publish deals on BuenSpot are bound by separate terms for partners. What a venue undertakes towards BuenSpot under those terms does not reduce your rights against BuenSpot or against the venue.

Each deal may have its own conditions (what is included, times, restrictions, costs payable at the venue, booking rules). Those specific conditions form part of the contract. If they conflict with these general terms, whichever is more favourable to you applies.

You expressly accept these terms when you place an order, by ticking the box before you pay. For simply browsing the Platform, the sections on use of the site, intellectual property and liability apply.

In these terms, the following words have this meaning:

• BuenSpot, we, us: [to be completed], owner of the Platform.
• Platform: the website buenspot.com and the services we offer through it.
• User: anyone who visits or uses the Platform.
• Customer, you: the adult natural person who buys one or more vouchers.
• Venue or partner: the business (restaurant, hotel, spa, activity provider or other) that publishes a deal on the Platform and provides the service.
• Deal: a venue's offer published on the Platform, with its description, price, conditions and validity period.
• Variant: a version of a deal with its own price and stock (for example a menu for one or two people, one or two nights).
• Voucher: the digital proof you receive after payment, which entitles you to the service described in the deal. Each voucher has a unique code.
• Order: all vouchers you buy in a single payment.
• Redemption: the moment the venue validates the voucher by scanning the QR code or entering the code. A redeemed voucher has been used.
• Booking: the date, time slot or night you book to use a voucher, where the deal allows it.
• Recipient: the person you give a voucher to as a gift.
• Account: your personal area on the Platform, available at my account.

BuenSpot is an online platform that acts as an intermediary between you and the venue. We sell the voucher and collect the price in the name and on behalf of the venue. The venue provides the service.

In practice this means:

• BuenSpot is responsible for the Platform, the ordering process, payment collection, issuing and delivering the voucher, handling withdrawals and the refunds described in these terms, and customer service. We are your first point of contact for any question or complaint, including complaints about the venue's service.
• The venue is responsible for providing the service as described in the deal, and for its quality, hygiene and safety, allergen information, the licences and registrations its business requires (for example the tourism registration number for accommodation) and compliance with the rules that apply to it.

The contract for the service itself (the meal, the stay, the treatment or the activity) is between you and the venue. The contract for the purchase of the voucher and the use of the Platform is with BuenSpot.

Before you buy, the deal shows the venue's name, its address or addresses and the conditions of the service. The venues on BuenSpot are businesses. When you buy their service through the Platform, you have consumer rights against them.

BuenSpot reviews and approves each venue and each deal before publication. That does not make BuenSpot the provider of the service, but it allows us to remove deals or venues that do not meet our rules.

You need an account to buy. When you register, you provide your name, your email address and a password. We store the password in hashed form; nobody at BuenSpot can read it.

After registering, we send you a link to verify your email address, valid for 24 hours. You can buy before verifying, but we recommend doing so to make sure your vouchers and notices reach you.

Minimum age. You must be at least 18 years old to create an account and buy. Some deals (for example those including alcohol or certain spa treatments) may have age requirements set by the venue, which are shown in the deal. The venue may ask for proof of identity.

Accurate details. The details you provide must be true and up to date. You can change them in your account.

Security. Your account is personal. Keep your password secret and do not share it. If you suspect someone is using your account without permission, change your password and let us know via contact. If you forget your password, you can request a reset link; it is valid for one hour and can only be used once. To protect accounts, we limit the number of login and registration attempts.

Download and delete. In my details you can download a copy of your data and delete your account at any time. When you delete it, we replace your name with ‘Deleted account’ and your email address with a non-existent address. Paid orders are kept without your name or email, because the law requires us to keep accounting and tax records. Save or use any outstanding vouchers before deleting your account: afterwards you can no longer access them through your account.

Suspension. We may suspend or close an account that is used fraudulently or in breach of these terms (section 18). We will tell you why and you can respond. Valid vouchers you paid for legitimately remain yours.

Each deal states at least: the venue and its addresses, what is and is not included, the specific conditions, any costs payable at the venue, the voucher's validity period, whether and how to book, and the price.

• Prices include VAT. All prices are in euros and include IVA (Spanish VAT) and any other taxes that apply to the deal. Buying on BuenSpot costs you no booking or payment fees.
• Costs at the venue. If there are costs that are not included and that you pay directly to the venue (for example a tourist tax where it applies, drinks not included or a supplement), the deal shows them clearly before you buy, and they also appear on the voucher.
• Regular price. Next to the deal price we show the regular price: the price the venue normally charges for the same service. The venue provides it and guarantees that it is genuine. If you think a regular price is wrong, let us know.
• Per person. Unless the deal says otherwise, the price is per person. If two of you go, you need two vouchers.
• Variants. Some deals have variants, each with its own price and stock.
• Price tiers. Some deals are sold in tiers: a limited number of vouchers at one price and, once they are sold out, the next ones at another price. Only the lowest open tier is on sale, and the price you see when you confirm your order is the price you pay.
• Stock. Deals have a limited number of vouchers and a sales period. A voucher in your basket is not reserved for you; if it sells out before you pay, we tell you and you are not charged.

Obvious errors. We check deals carefully. If a deal nevertheless contains a price or content error that would be obvious to anyone (for example 1 euro for a hotel night), we will tell you before you use the voucher. You can then choose to keep the order with the correct information or cancel it for a full refund.

How deals are ranked on the Platform (relevance or distance, popularity, discount, rating, price or newness) is explained in the FAQ. At present no venue pays for a better position.

In accordance with article 27 of the LSSI, these are the steps:

• 1. You choose a deal, a variant if there is one, and the number of vouchers. If the deal allows booking on the Platform, you can pick a date or time slot straight away (book and pay) or do so later.
• 2. You add the vouchers to your basket. Until you pay, you can change quantities or remove vouchers.
• 3. You log in or create an account.
• 4. If you wish, you mark the order as a gift and enter the recipient's details, and apply a promo code.
• 5. You see a summary with the deals, quantities, total price including VAT, any costs at the venue and validity. Here you can go back and correct any errors in the details you entered.
• 6. You accept these terms and click the payment button, which clearly states that the order involves an obligation to pay.
• 7. You pay on the secure page of our payment provider (section 8).
• 8. You receive your order confirmation and your vouchers.

Conclusion of the contract. The contract is concluded when payment is confirmed. Until then the order is shown as pending and no vouchers are issued. If payment is not completed, there is no contract and you are not charged.

Confirmation. Once payment is confirmed, we email you the order confirmation with your vouchers, the key information about the order and a link to these terms and to the withdrawal form. Your vouchers are also always available in your account. If the email does not arrive within a few minutes, check your spam folder or contact us.

Languages. You can order in Spanish, Dutch or English. The Spanish version of these terms is binding (section 25).

Archiving. BuenSpot keeps the electronic record of each order. You can view it in your account for as long as your account exists. Your order is governed by the version of these terms in force when you placed it.

Demo mode. While live payments are not active, the Platform may run in demo mode. This is then shown on the payment page, nothing is charged and no contract is concluded.

Payment is made through Stripe Checkout, the payment service of Stripe Payments Europe Ltd. You can pay by card and with the other payment methods Stripe shows on the payment page.

You enter your payment details directly on Stripe's page. BuenSpot does not see or store your full card details. Stripe may apply strong customer authentication (for example confirmation in your banking app).

The amount is charged when you order. BuenSpot collects the price in the name and on behalf of the venue and pays the venue its share afterwards.

If a payment is declined or cancelled, the order is not completed. If you are charged by mistake, we refund the amount as soon as we notice.

After payment you receive a digital voucher for each unit bought. Each voucher contains:

• a unique code in the format BS-XXXX-XXXX with a check digit;
• an electronically signed QR code the venue can scan;
• what the deal includes and its value at the regular price;
• any costs payable at the venue;
• the addresses where you can use it and its expiry date.

You will find your vouchers in your account and in the confirmation email. You can show them on your phone or print them.

Single use. Each voucher is redeemed once. When it is redeemed, the venue marks it as used and it cannot be used again. If a deal includes several sessions or services, the deal explains how they are used.

Keep your code safe. The code works like a bearer document: the venue redeems the first valid voucher presented. Do not publish or share your code with anyone you do not want to give it to.

Validity. Each voucher is valid until a fixed date or for a number of days after purchase, as stated in the deal. The exact date is on the voucher. One week before expiry we send you an email reminder.

Expiry. An expired voucher can no longer be used and gives no right to a refund, except in two cases: if you withdraw within 14 days (section 13) or if the venue closes or ends its cooperation with BuenSpot (section 14). This does not affect your rights if you could not use the voucher because of the venue (section 15).

Not exchangeable for cash. Outside the cases set out in these terms, a voucher cannot be exchanged for cash or another voucher, and no difference is refunded if you use less than what is included.

Passing on a voucher. You may give or transfer a voucher to someone else free of charge. Reselling it for commercial purposes or in an organised way is not allowed. The rights of withdrawal and refund remain with the person who placed the order.

Fraud. If a voucher was obtained fraudulently (for example with a stolen payment method, by manipulating the code or by abusing refund processes), we may cancel it. We log failed redemption attempts to detect abuse.

The deal states whether and how you need to book. There are two ways:

• Booking on the Platform. For some deals you book a time slot (for example at a restaurant or for an activity) or one or more nights (for accommodation) directly on BuenSpot, when buying or later with your voucher. Availability is set by the venue.
• Booking directly. For other deals you book directly with the venue, by phone or on its website, as stated in the deal. Mention that you have a BuenSpot voucher.

Book in good time. Availability on a specific date is not guaranteed, especially in high season, on public holidays and at weekends, and it does not extend the voucher's validity.

Cancelling or changing a booking. You can cancel or change a booking made on the Platform free of charge up to the deadline in the deal (by default 24 hours before the start). After cancelling, your voucher remains valid and you can book again within its validity. Cancelling a booking is not the same as withdrawing from the contract and does not in itself give a right to a refund; for that, see section 13.

After the deadline or if you do not show up. If you cancel after the deadline or do not show up, the venue may release the slot. What happens to the voucher depends on the deal's conditions, which you see before you buy. If you do not show up, the booking is marked as missed.

If the venue cancels. The venue may cancel a booking for good reason (for example force majeure or a temporary closure). We will let you know, your voucher remains valid and you can book another date. If as a result you can no longer use the voucher within its validity, contact us and we will find a solution, which may include a refund.

You can mark an order as a gift and enter the recipient's name, email address and a message. The recipient receives the voucher by email. The printable gift version does not show the price.

By entering the recipient's details you confirm that you may do so and that the recipient will not object to receiving the email. We only use those details to send the gift.

The recipient can use the voucher like any customer. Withdrawal and refunds remain with the person who placed the order, and the amount is returned to the payment method used for the purchase.

BuenSpot may offer promo codes. These rules apply:

• The discount is borne by BuenSpot; the venue receives the same as if no code had been used.
• Only one code can be used per order.
• Each code has its own conditions (amount or percentage, validity, number of uses, deals it applies to), which we state with the code.
• A code has no cash value and cannot be exchanged for money.
• In case of abuse (for example creating fake accounts to use a code several times), we may cancel the code or the discount.
• If you get a refund, you receive the amount you actually paid.

BuenSpot does not currently offer account credit, gift cards or a referral programme. If we offer them later, we will publish the additional terms that apply.

Period. You have the right to withdraw from the contract within 14 calendar days of the date of payment, without giving any reason and at no cost, in accordance with articles 102 et seq. of the TRLGDCU.

Also for services on a fixed date. Article 103(l) of the TRLGDCU allows the right of withdrawal to be excluded for accommodation, catering and leisure services provided on a specific date or during a specific period. BuenSpot does not apply that exception: you have the right of withdrawal for all vouchers, even if you have booked a specific date.

Redeemed vouchers. The right of withdrawal applies to each voucher that has not been redeemed. A redeemed voucher means the service has been provided; that voucher is not refunded. If your order contains several vouchers, you can withdraw from the unredeemed ones even if you have used others.

Bookings within the period. If you have booked a date that falls within those 14 days, you can withdraw as long as the voucher has not been redeemed. When you withdraw, the booking linked to the voucher is cancelled.

How to withdraw. You must inform us of your decision to withdraw by an unequivocal statement before the period ends. You can do so in any of these ways:

• in your account, by opening the order and choosing the option to withdraw for the vouchers you want;
• by sending the withdrawal form at the end of these terms (its use is not mandatory) to the contact form;
• via the contact form or any other unequivocal statement, stating your name, your email address and the order number or voucher codes.

It is enough to send your communication before the period expires. We will confirm receipt by email without delay.

Refund. We will refund all payments received for the vouchers concerned without undue delay and in any event no later than 14 calendar days from the day on which you informed us of your decision to withdraw. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund. If you used a promo code, you receive the amount you actually paid. How quickly the amount appears in your account also depends on your bank or card issuer.

Effect. Vouchers you withdraw from are cancelled and can no longer be used.

After 14 days. Once the withdrawal period has ended, vouchers cannot be returned or exchanged for money, except in the case described in section 14 or where the law requires it (section 15).

If the venue closes or its owner ends the cooperation with BuenSpot before you have used your voucher, you can request a refund for each unused voucher from the order in your account or via contact.

We refund the amount you paid for those vouchers to the same payment method, free of charge. Open bookings at that venue are cancelled and we let you know.

If a venue ends its cooperation without closing, it should in principle continue to accept vouchers already sold until their expiry date. You can still choose a refund if you prefer.

The venue must provide the service as described in the deal and on the voucher, throughout the validity period and at the addresses stated.

If the service is not provided or does not match what was offered (for example the venue refuses a valid voucher, something included is missing or the quality does not match the description), you keep all your rights under the law, in particular those under articles 114 et seq. of the TRLGDCU on lack of conformity.

If possible, please raise the problem with the venue on the spot so it can be resolved immediately. If it is not resolved, contact us (section 16). BuenSpot will talk to the venue, mediate and, in reasonable cases, refund all or part of the voucher amount.

Questions about allergens, accessibility, house rules or special needs should be put to the venue, which holds that information. If the deal says so, mention it when booking.

You can reach us via the contact form, the chat on the Platform or at the contact form. Many answers are in the FAQ.

• We reply to every message within 24 hours.
• We give a substantive answer to a complaint within 2 working days.
• We resolve complaints as quickly as possible and at the latest within one month of submission.

To handle your complaint quickly, please include your name, your order number or voucher code, what happened and, if you have them, photos or other evidence.

Official complaint forms (hojas de reclamaciones). You can also ask for the official complaint form at the venue itself, which is required to have it available to customers. In the Comunitat Valenciana this is governed by Law 1/2011 of 22 March approving the Statute of Consumers and Users of the Comunitat Valenciana and its implementing rules. Other regions have equivalent rules.

Consumer services. If you are not satisfied with our answer, you can contact the municipal consumer information office (OMIC) where you live or the consumer affairs service of your region.

Consumer arbitration. Spain's Sistema Arbitral de Consumo allows disputes to be settled out of court through the Juntas Arbitrales de Consumo. BuenSpot is not obliged to take part and has not joined this system at present. You may still submit a request, which we may accept on a case-by-case basis.

All of this is without prejudice to your right to go to court (section 26).

You can only review a venue after your voucher has been redeemed (verified visit). One day after the visit we send you an invitation by email; you can turn these emails off.

We publish every genuine review, including negative ones. We only hide reviews for fixed, published reasons, and the venue can reply publicly. We do not pay or give discounts for reviews.

By writing a review you confirm that it reflects your real experience, and you grant us a free, non-exclusive licence to publish it on the Platform. All rules are in our review policy.

You may use the Platform to browse deals, buy vouchers for yourself or as gifts, and manage your orders and bookings. You may not:

• use the Platform for unlawful or fraudulent purposes, or use payment methods without authorisation;
• create fake or multiple accounts to get around limits or abuse promo codes;
• resell vouchers for commercial purposes;
• manipulate, copy or generate voucher codes;
• extract content or data from the Platform in bulk using robots, scraping or other automated means without our permission;
• attempt to gain unauthorised access to systems, accounts or data, or disrupt the operation of the Platform;
• publish content that is offensive, discriminatory or false, infringes the rights of others or contains other people's personal data.

If you break these rules, we may remove content, cancel fraudulently obtained vouchers and suspend or close your account. We will explain the reason for our decision and you can ask us to review it.

Reporting illegal content. Under Regulation (EU) 2022/2065 on digital services, anyone can report content on the Platform they consider illegal (for example a misleading deal, a defamatory review or photos that infringe copyright). Do so via contact or at the contact form, stating:

• the exact web address of the content;
• why you consider it illegal;
• your name and email address (except where the law allows anonymous reports);
• a statement that the information is accurate and complete to the best of your knowledge.

We will confirm receipt, assess the report diligently and objectively and inform you of our decision. If we remove or restrict content, we will tell the person who posted it why and how they can challenge the decision.

Point of contact. The single point of contact for authorities and users within the meaning of articles 11 and 12 of that Regulation is the contact form. You can write to us in Spanish, Dutch or English.

The Platform, its design, texts, software, the BuenSpot brand and logos are owned by [to be completed] or used under licence. Photos and descriptions of deals are largely supplied by the venues, which guarantee that they hold the necessary rights; other images come from licensed image libraries.

You may view, download and print content from the Platform for personal use, for example to save these terms or print a voucher. Any other use, in particular copying, distribution or commercial exploitation, requires our prior written permission.

If you believe content on the Platform infringes your rights, report it as described in section 18.

BuenSpot is liable for performing its own obligations: the Platform, the ordering process, payment collection, issuing and delivering vouchers, withdrawals and refunds, and customer service.

The venue is liable for providing the service, for its quality and safety and for the accuracy of the information it gives about its service (description, regular price, allergens, licences). BuenSpot is not liable for damage caused by the venue in providing the service, except to the extent the law makes BuenSpot liable or the damage results from BuenSpot's own acts.

We do our best to keep the Platform available and error-free, but cannot guarantee this at all times. We may interrupt the service temporarily for maintenance, security or technical reasons. If this prevents you from using a voucher, we will sort it out with you.

Links to third-party websites (for example a venue's site) are provided for convenience. We do not control those sites and are not responsible for their content.

Nothing in these terms excludes or limits BuenSpot's liability for wilful misconduct or gross negligence, for death or personal injury, or any other liability that cannot be excluded by law. Your statutory rights as a consumer are not affected.

Neither BuenSpot nor the venue is liable for failing to perform its obligations due to circumstances beyond its control that it could not reasonably foresee or avoid, such as natural disasters, fire, floods, epidemics, orders of the authorities, industrial action by third parties or general failures of communication or utility networks.

In such cases we will inform you as soon as possible. If the service cannot be provided within the voucher's validity, we will offer you a new date, an extension of the validity or a refund of the unused vouchers.

BuenSpot processes your personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD). So that you can use your voucher, the venue receives the data it needs: your name, the number of people, the booking date, the voucher code and, if you provide them, your phone number and comments.

Our privacy policy explains which data we process, why, for how long and what your rights are. Our cookie policy explains the cookies we use.

We may change these terms, for example because of changes in the law or in how the Platform works. We will publish the new version on this page with its version number and date.

Each order is governed by the version in force when you placed it. Changes do not affect orders already placed or vouchers already bought.

If changes significantly affect the use of your account, we will notify you by email with reasonable notice. If you do not agree, you can delete your account at any time; vouchers you have already bought keep the terms under which you bought them.

If any provision of these terms is declared void or unenforceable, the other provisions remain valid. The provision concerned will be deemed not written and will be supplemented in accordance with the law, in particular article 83 of the TRLGDCU.

If BuenSpot does not enforce a provision at a given moment, this does not mean we waive it.

These terms are available in Spanish, Dutch and English. The Spanish version is binding. The translations are provided for information. If the versions differ, the Spanish version prevails, unless another version is more favourable to you as a consumer.

These terms and the contracts concluded through the Platform are governed by Spanish law. If you are habitually resident in another country, you keep the protection given to you by the mandatory provisions of that country's law, in accordance with article 6 of Regulation (EC) 593/2008 (Rome I).

If you are a consumer, the courts of your place of residence have jurisdiction, in accordance with article 90.2 of the TRLGDCU and the applicable procedural rules. If you live in another Member State of the European Union, you may also bring proceedings in the courts of your own country.

If you are not acting as a consumer, the courts of the registered office of [to be completed] have jurisdiction.

Model withdrawal form in accordance with Annex B of the TRLGDCU. Only complete and return this form if you wish to withdraw from the contract. Using it is not mandatory; you can also withdraw from your account or via contact.

• To: [to be completed], [to be completed], email: the contact form
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*):
• Deal and voucher codes: ____________________
• Order number: ____________________
• Ordered on / paid on (*): ____________________
• Name of consumer(s): ____________________
• Address of consumer(s): ____________________
• Email address used for the purchase: ____________________
• Signature of consumer(s) (only if this form is submitted on paper): ____________________
• Date: ____________________

(*) Delete as appropriate.