CONDITIONS AND TERMS OF USE OF WEBSITE

November 2021 version

  1. Identifying data of website owner

ARAMARK SERVICIOS DE CATERING, S.L.U. (“ARAMARK“), with N.I.F. number B-6O359726, work address at 200 Aribau St., 5th floor, 08036 Barcelona (Spain), and registered in the Mercantile Registry of Barcelona, under volume 38.380, sheet 178, page no. B-99.598, registration 101A, places the ÉLKAR Website www.restauranteelkar.com available to you, accessible through any browser, from a computer or mobile device, which allows you, as a User of the same, to access the restaurant services offered by ARAMARK, reason by which ARAMARK offers its services under the commercial name of “ÉLKAR” and / or “Elkar Restaurant”.

For any comment, query or request related to the Website and / or the Service, the User can contact ARAMARK by email to reservas@restauranteelkar.com or by letter sent by postal mail addressed to Calle Aribau, number 200, 5th floor, 08036 Barcelona (Spain)..

 

  1. General provisions

It is our recommendation that you carefully read these terms and conditions governing your relationship with ARAMARK at any time when using the Website and/or making a reservation through it.

All the services offered through the Website are intended exclusively for people who (i) have reached the age of majority (or, in the event they are minors, are authorized by their legal representative to make a reservation through the Website); and (ii) have full legal capacity to make Reservations via the Website. The Services offered by ARAMARK are intended for the User’s personal and exclusive use, which may be related to their professional activity.

In any event, the User accepts, without restriction or reservation, to be bound by these Terms and Conditions when making use of the Website and its Services, as well as, by any other specific conditions that regulate certain Web Services or offered through the same, and by the rules and / or policies published on said Website.

These Terms and Conditions regulate the access and use of the Website by its Users and will be complemented with any other legal texts that regulate any functionality, service or other means necessary for the use of the Website or included or connected to it. ARAMARK reserves the right at any time to modify, by any legally admissible way, these Terms and Conditions, in accordance with the provisions found under Clause 17.

Nevertheless, ARAMARK reserves the right to make changes to the Terms and Conditions with immediate effect when any of the following circumstances take place: (1) when made necessary due to legal or security requirements; (2) when resulting from any variation or adjustment of a technical nature on the Website and / or the service; or (3) when the change corresponds to the elimination or modification of elements that in ARAMARK’s discretion do not allow sustaining security or are illegal, offensive, inappropriate or discriminatory.

By using the Website and / or the Service, you expressly declare to acknowledge, understand and accept these Terms and Conditions.

 

  1. Definitions

In these Terms and Conditions, it has been established that the following words or expressions, whether they are used in the singular or in the plural, will have the following meaning:

  • “Web”: Web denominada “restauranteelkar.com” titularidad de ARAMARK, disponible para cualquier ordenador o dispositivo móvil.
  • “Identification codes”: set of data relating to each User, made up of an identifier (last and first name(s) and email address, telephone).
  • “Service”: service offered by ARAMARK, through which Users can make Reservations and make their prior payment through the Web.
  • “Terms and Conditions”: mean these terms and conditions of use of the Website and / or the Service.
  • “User”: any user of the Web, ARAMARK.

 

  1. Object

The Terms and Conditions define the legal framework of use, by the Users, of the Service offered by ARAMARK through the Web.

The Service consists of making a Website available to Users through which Users can make Reservations for the ÉLKAR restaurant.

 

  1. Web access

In order to access the Service and make Reservations, the User must indicate identification codes (their name, last and first name(s), email address and telephone).

Before confirming the reservation, the User must have read the Terms and Conditions and accept them without limitation or reservation, by clicking on the “I accept the conditions of use, privacy policy and legal notice” box. The User must also click on the box “I consent to the processing of personal data”.

You agree to provide accurate and true information and documentation, and to inform ARAMARK without delay of any changes that may affect you by sending a communication to ARAMARK at the following email address reservas@restauranteelkar.com.

You assume, in your own name and representation, the total responsibility for all the actions that you carry out regarding your Reservation.

As a User of the Website, you must avoid, under your own responsibility, providing your reservation data to a third party, or to any other User of the Web.

 

  1. Terms of use of Website

By accessing and using the Website, the User agrees to be bound by these Terms and Conditions. We recommend that they be read in detail before starting your reservation process, as well as, once you have acquired the status of User, that you proceed to read them each time you access or use the Web, since we reserve the right to change, modify and/or add these Terms and Conditions or certain elements thereof at any time.

The User agrees to use the Website lawfully and in good faith, in accordance with the provisions of these Terms and Conditions and without its use causing damage to the rights or interests of ARAMARK, other Users or third parties . By way of example and in no way limiting or excluding, you agree to:

not incur in illegal activities or contrary to good faith and/or public order;

not manipulate, access and, where appropriate, use the reservations of other Users;

not cause damage to the systems of ARAMARK or third parties, or introduce or spread computer viruses or use any other systems that are likely to cause the aforementioned damage;

not to suppress, alter or circumvent any protection device or security system that was installed on the Web.

The use of the Website is made by the User at his or her or their own risk, so that neither ARAMARK, nor its administrators or employees will be responsible for damages, of any nature, direct or indirect, arising from the use of the Website, unless by reason of willful fraud on the part of ARAMARK.

ARAMARK does not guarantee the availability and accessibility of the Website and/or the Service, although it will make all commercially reasonable efforts in this regard. Likewise, ARAMARK does not guarantee the absolute absence of situations of interruptions, computer viruses or breakdowns caused by reasons beyond ARAMARK’s control, delays or blockages in the use of the systems associated with the Website caused by deficiencies or overloads in the Internet system or in other electric systems; viruses, malware or other elements that may cause alterations in the computer system, as well as any other alteration that may occur. Occasionally, interruptions may occur for the time required to carry out the corresponding maintenance operations.

 

  1. Contracting process for ARAMARK Services

ARAMARK offers the User its Services, related to their professional activity, through the Website. The contractual relationship relating to the Services is established directly between the User and ARAMARK.

To hire and/or engage ARAMARK Services, the User must:

Comply with the provisions of these Terms and Conditions;

Request a reservation through the Web, filling in the request form accessible on the Website;

Depending on the selected offer, having made the reservation payment through the Web (Covermanager platform), in which the payment made is detailed;

Have received an email or SMS confirmation of the reservation made;

Comply with all the obligations arising for the User from the ARAMARK Services offer.

The User may only hire and/or engage the ARAMARK Services identified as available at the time the User intends to contract them.

 

  1. Service Cancellation

Once the reservation is made through the web service, you will receive an email confirming its validity with all the corresponding information.

If you wish to modify the reservation date or the number of diners, your request will be answered as long as it is made at least in advance of the agreed time, and if there are places available. You can carry out the process by calling the restaurant’s phone number. We inform you that days before the reserved date and time, you will receive an email and SMS where you must reconfirm or cancel the reservation in the links that are enabled for this purpose, as they may exist.

Only once the reservation is reconfirmed by you from the email or SMS, will you have your reservation fully confirmed. If you prefer, you can carry out the confirmation by calling the restaurant phone before the reservation date.

In the event that the diners do not show up, there is no notice on their part, or they do not cancel with a minimum of hours in advance of the reserved time, the corresponding amount per person would be charged, in case the reservation had an associated cancellation policy.

Therefore, at the time of making the reservation, and in order to guarantee said reservation, a credit card data will be requested.

 

  1. Indicated prices and payments

All prices indicated in the Service and/or the offer include VAT and other applicable taxes.

Depending on the reservation and the selected service, a deposit or prior payment can be requested (for example, for meeting room reservations and tasting reservations). As a previous step to confirming their reservation, the User must choose the payment method they want to use to pay the cost of their reservation (that is, bank card and/or credit card) and it will be managed through Covermanager to make the corresponding payment. . ARAMARK will not have access to the data related to the payment method used.

 

  1. Access Denial or Use Continuity of Website

ARAMARK reserves the right to deny access or continuity in the use of the Website and/or the Services to the User in the event that:

  • they do not comply with these Terms and Conditions, the policies published by ARAMARK on the Web and/or in any other regulations that may be applicable to the Web;
  • do not provide the necessary information to verify their suitability as a User during their stay as a User of the Web;
  • after the reservation process, any modification or change of the conditions that initially allowed User status to be granted;
  • there are well-founded suspicions that an unauthorized, fraudulent or improper use of the Web is being carried out;
  • repeatedly fails or fails to comply with the obligations contracted with ARAMARK;
  • there is a requirement and/or a police order, judicial, administrative or any other such order to this effect.
  • in cases of unforeseen security problems or any other incidents or technical problems that may pose a risk to Users, ARAMARK or third parties.

In any event, ARAMARK reserves the right at all times to deny access or use continuity of the Website to the User. This refusal will be justified by ARAMARK, when it is determined that there are well-founded reasons to consider that it does not comply with any requirements established in these Terms and Conditions. The cancellation or suspension will be made at the sole discretion of ARAMARK and will not give rise to any type of claim or compensation in this regard.

 

  1. Responsibility

ARAMARK will not be responsible in case of (i) any losses and/or direct and/or indirect, consequential and/or punitive damages, as well as of any other nature, caused to Users or third parties derived from the use of the Web and/or of the Services, as well as of any other activities, direct or indirect, that, where appropriate, could be carried out by and/or through the Web; (ii) loss of any data responsibility of the Users, as well as, in no case, (iii) ARAMARK will have any responsibility for the lost profits.

ARAMARK will not be responsible for any delay or lack of compliance with its obligations derived from these Terms and Conditions if said delay or lack of compliance is attributable to circumstances beyond the reasonable control of ARAMARK.

Notwithstanding the foregoing, nothing in these Terms and Conditions limits or excludes ARAMARK’s liability for damages attributed to it due to its malicious conduct or gross negligence.

ARAMARK is not responsible for possible damages derived from:

  • Interruptions, computer viruses, malware, breakdowns or other elements that may cause alterations in the computer system, documents or files of the Users;
  • delays or blockages in the use of the systems associated with the Web caused by deficiencies or overloads in the Internet system or in other electrical systems;
  • any other alteration that may occur in the Software or Hardware of the Users.
  • a misuse that the User may make of the Web and/or the Service, as well as any other errors made on their part.
  • Illegitimate interference caused by third parties, which are beyond the control of ARAMARK.
  • a misuse of the contents of the Web, nor by the consequences that could derive from the errors, defects or omissions in the contents that could appear provided by the own Users or other third parties.
  • the comments, appraisals and/or evaluations made by the User of the Service; Therefore, the User undertakes to hold ARAMARK harmless for any claim that it may receive from any third party or administration derived from such events.
  • the unavailability of any Service offered through the Web, as well as the Web itself regardless of the cause.

ARAMARK is not obliged to keep the Website permanently accessible or to provide the Service without interruption. In this sense, access to the Web and the Service may be canceled, interrupted and/or temporarily suspended, at any time and without prior notice. ARAMARK does not assume any type of responsibility for direct or indirect damages suffered by the User as a result of the cancellation, interruption and/or suspension of the Web.

ARAMARK does not guarantee the absence of errors, bugs or viruses on the Website. For these purposes, ARAMARK will not assume any type of responsibility for the damages that the hardware, software and/or data of the User may suffer due to any virus or malicious software that could affect the Web or the Service. The User will be solely responsible for installing the necessary tools on their device to detect and prevent their device, hardware, software and/or data from suffering any type of damage.

ARAMARK is exonerated of any responsibility regarding the services provided by the entity that provides the Payment Services.

In the event of ARAMARK’s liability, it will be limited, in any case and for all concepts, to the amount received for the contracted Services.

ARAMARK’s liability is also excluded for total or partial breach of obligations due to force majeure and/or acts of God in the terms provided in article 1,105 of the Civil Code.

ARAMARK is exonerated of any responsibility for the cancellation of the Services, as well as of any damages, direct or indirect, that may be caused as a result of this action. In any case, Users will hold ARAMARK harmless from any claims arising from such cancellation.

ARAMARK is exempt from any responsibility, in the event that minors and/or any persons who do not meet the requirements established in these Terms and Conditions make use of the Website.

ARAMARK is not responsible for the interpretations that Users or any third party make of the information that appears on the Web, this being their own responsibility.

ARAMARK is not responsible for nor does it guarantee to the Users, nor to any third party, that the information that appears on the Web conforms to the purposes required by the Users, to the extent permitted by the legislation that results from the Web, the Services are provided as indicated in these Terms and Conditions and ARAMARK is not responsible, nor does it undertake or offer guarantees in relation to the operation, commercialization, suitability for a certain purpose, accuracy, integrity and correctness of the Services.

 

  1. Representations and Warranties

The User declares and guarantees to ARAMARK that:

  • It has full legal capacity and to act necessary, without limitation of any kind, to be bound by these Terms and Conditions, as well as, by the information provided, and to fulfill and execute each and every one of the commitments, actions and obligations assumed in these Terms and Conditions.
  • Any information that the User has provided or made available to ARAMARK is complete and truthful and will update it whenever necessary as soon as possible to ensure that it is truthful and complete at all times.
  • By signing these Terms and Conditions, you declare that you do not contravene or breach any applicable legal or statutory provision.
  • The commitments, actions and obligations acquired by virtue of these Terms and Conditions, as well as any other documents signed in execution of said Terms and Conditions, are valid and legally binding and enforceable for you, and fully enforceable, in accordance with your own terms.
  • You are obliged to hold ARAMARK harmless for any claim, cost, damages of any nature that may be caused or related in any way to the Services.
  • You expressly declare and acknowledge that ARAMARK has no legal obligation and liability towards you or any third party, derived from the Services that you make available to you.
  • The User agrees to indemnify ARAMARK for any claim that may be caused, that is due or is a consequence of any, breach by the User, falsification or inaccuracy of any of the obligations and / or the or Representations and Guarantees formulated in the These Terms and Conditions, as well as any claim by any third party as a direct or indirect consequence of the use of the Website and / or the execution of Services.

 

  1. Termination of Service

The contractual relationship between the User and ARAMARK exists for the duration of the full-service provision.

The User may unsubscribe from the restaurant’s communications reception service by e-mail and / or SMS for commercial purposes by sending an email to the address reservas@restauranteelkar.com and making such request.

By way of example and not limitation, the behaviors described below will be considered breaches of these Terms and Conditions:

  • The User’s failure to pay for the products that are the object of the reservation, as long as the reservation has not been canceled in time.
  • The breach by the User of any of the Manifestations and Guarantees formulated in these Terms and Conditions.
  • Make inappropriate or fraudulent use of the Web and / or the Services or in any way violate the intellectual property rights of the same that correspond to ARAMARK.
  • Use the Website for purposes not permitted by applicable regulations or laws or by these Terms and Conditions.
  • In your case, any breach of the Terms and Conditions.

 

  1. Industrial and intellectual property

All intellectual property rights on the Website are the exclusive property of ARAMARK, so the User will refrain from reserving in his or her or their name or through a third party any work of intellectual property, patents, trademarks and other distinctive signs related to the Website.

Nothing in these Terms and Conditions may be construed as a transfer of ARAMARK’s industrial or intellectual property rights relating to the Web. Therefore, it is expressly prohibited the realization by the User of any act of reproduction, distribution, public communication or other forms of making available, transformation and, in general, any other form of exploitation of any content, information or materials owned of ARAMARK to which the User can access through the Web, either totally or partially, unless expressly authorized in writing by the owner of said elements.

 

  1. Privacy Policy

The User is informed that all personal data provided to ARAMARK under these Terms and Conditions, as well as those that may be generated by the use of the Service, will be processed by ARAMARK for the purposes of executing and managing this contractual relationship and, where appropriate, comply with the legal obligations required. The legal basis for said treatment is the execution of the contractual relationship signed by the Parties and to comply with the corresponding legal obligations or in the case of sending commercial communications, the legal basis will be the legitimate interest.

The User’s data will be processed by ARAMARK for as long as the contractual relationship regulated here lasts, being subsequently kept solely for the attention of potential responsibilities that may arise from these Terms and Conditions, for the limitation periods of said responsibilities, as provided in the applicable legislation at all times.

The User is thereby informed of the existence of the right to request ARAMARK access, rectification, cancellation, limitation or opposition to the processing of their data, as well as the right to their portability by means of a letter addressed to ARAMARK at 200 Aribau St., 5th floor 08036 Barcelona (Spain) or by email to protecciondedatos@aramark.es. In both cases, the User must provide a copy of their national ID or equivalent document for identification purposes.

Likewise, the User is informed that they can exercise their right to file a claim with the corresponding control authority and, in particular, with the Spanish Agency for Data Protection, whose headquarters are at 6 Jorge Juan St., 28001 Madrid (Spain).

 

  1. Communications between the parties

By using the Website, the User accepts that the communications made to him / her /them are mainly electronic, by means of the email address that the User provides to register in the reservation process as a Web user.

 

  1. Terms and Conditions update

ARAMARK reserves the right to modify, by any legally admissible way, these Terms and Conditions, at any and all times, in which case such modified Terms and Conditions are announced to Users by email and/or published on the Website. The modified Terms and Conditions will be of the Website and of obligatory fulfillment after thirty (30) days of said publication. The continuation of the use of the Website after the expiration of said thirty (30) day period will be considered as the User’s acceptance of said modifications or changes.

 

  1. Content of the Terms and Conditions

The User knows and understands the content and scope of each and every one of the provisions that make up the body of these Terms and Conditions, and expressly submits to its conditions.

 

  1. Customer Service

In case of any question about these Terms and Conditions or for any claim, the User can contact ARAMARK by sending an e-mail to reservas@restauranteelkar.com.

 

  1. Applicable law and jurisdiction

The Terms and Conditions of this Website will be governed and interpreted in accordance with Spanish legislation..

Without prejudice to the rights that may assist you as a user or consumer, any dispute that may arise between ARAMARK and the User in relation to these Terms and Conditions will be settled by the Courts and Tribunals of the city of Barcelona (Spain).