TERMS & CONDITIONS
1. INTRODUCTION
1.1 These General Terms and Conditions ("Terms") govern the use of services provided by BeautyTreat Spain SL ("BeautyTreat", "we", "us", or "our"), with Tax Identification Number (NIF) B10804342, operating the websites beautytreat.co and beautytreat.es, to hotels, rental villas, concierge and event companies ("Client", "you", or "your") for beauty and wellness treatments.
2. SERVICES
2.1 BeautyTreat offers “Wellness-As-A-Service” services and products to hotels, rental partners, offices, concierge and event companies as well as VIP individuals.
2.2 The specific details of the services provided will be outlined in the individual service agreement between BeautyTreat and the Client.
3. BOOKINGS AND PAYMENTS
3.1 All bookings must be made through BeautyTreat’s booking platform, unless otherwise specified in the individual service agreement.
3.2 Fees and payment terms will be as specified in the individual service agreement.
3.3 Commissions due to the Client will be paid within 30 days of invoice.
3.4 BeautyTreat accepts the following payment methods: debit cards, Visa, MasterCard, Google Pay, and Apple Pay. No cash payments will be accepted.
3.5 All prices for services and products offered by BeautyTreat to end users (including, but not limited to hotel and villa guests, employees) are subject to change without prior notice. Updated prices will be reflected on our website and menus.
3.6 Cancellation period and refund policy will be as specified in the individual service agreement.
4. CONTRACT DURATION AND TERMINATION
4.1 Contract duration will depend on which service used by the Client and will be specified in the individual service agreement.
4.2 Cancellation and refunds will be based on the general policy of BeautyTreat
4.2.1 Cancellation by Client or its end user(s): More than 24 hours before appointment: Full refund, Less than 24 hours or no-show: Full charge applies.
4.2.2 If BeautyTreat cancels a service for any reason, the Client will receive a full refund or, at Client's option, rebooking priority.
4.2.3 Clients who fail to appear for scheduled services without any notice will be charged the full service amount.
5. CLIENT RIGHTS AND RESPONSIBILITIES
5.1 The Client is responsible that each end user (including, but not limited to hotel and villa guests and employees) informs BeautyTreat of any allergies, medical conditions (including pregnancy), or sensitivities to products used in treatments prior to the commencement of services. BeautyTreat is held harmless for any adverse reactions or issues arising from incomplete and/or not provided information.
5.2 The Client is responsible to make sure BeautyTreat and its providers are authorized to enter hotel rooms, villas, offices and similar spaces during booked treatments.
5.3 The Client is responsible for the end users showing up for the treatment in time. BeautyTreat will wait 5 minutes before canceling the treatment. No shows will be charged 100%.
5.4 The Client is responsible for end users meeting the age requirement of 18 years old or younger provided the Client supplied a valid parental consent for minors.
6. BEAUTYTREAT RIGHTS AND RESPONSIBILITIES
6.1 BeautyTreat ensures that all equipment used in treatments is thoroughly sterilized and sanitized after each service, maintaining the highest standards of cleanliness and hygiene.
6.2 BeautyTreat reserves the right to refuse service to any client exhibiting inappropriate conduct or language during a treatment. In such cases, the service may be terminated immediately, and BeautyTreat reserves the right to define inappropriate conduct at its sole discretion.
6.3 In case of medical emergency during treatment: a) Treatment will be immediately suspended b) Emergency services will be contacted if necessary c) Incident report will be filed and shared with Client.
7. LIABILITY AND INSURANCE
7.1 BeautyTreat maintains appropriate insurance coverage for its services.
7.2 Treatment providers contracted by BeautyTreat are independent professionals operating as autonomous entities. Each provider maintains their own professional liability insurance. BeautyTreat verifies credentials and insurance coverage of all providers annually. While BeautyTreat carefully selects and vets all providers, it cannot be held liable for the professional negligence of independent contractors.
7.3 The Client is responsible for maintaining appropriate insurance for its premises and general business operations.
7.4 BeautyTreat is not liable for any damage or loss resulting from the Client’s failure to meet its responsibilities under these Terms or the individual service agreement.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship.
8.2 BeautyTreat will process all personal data in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and the General Data Protection Regulation (EU) 2016/679.
8.3 The Client is responsible to make sure that any personal data shared with BeautyTreat has been shared in content with the end user.
8.4 Personal data will be retained for: a) Active clients: Duration of the business relationship plus 5 years b) Inactive clients: 2 years from last service c) Financial records: 6 years as required by Spanish tax law.
8.5 All individuals have the right to: a) Access their personal data b) Rectify inaccurate data c) Request erasure of their data d) Object to data processing e) Data portability. These rights can be exercised by contacting privacy@beautytreat.co.
8.6 BeautyTreat implements appropriate technical and organizational measures to ensure data security, including: a) Encryption of personal data b) Regular security assessments c) Staff training on data protection d) Access controls and authentication measures.
9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights in the BeautyTreat booking system, wellness menus, and other material provided by BeautyTreat remain the property of BeautyTreat, in accordance with Royal Legislative Decree 1/1996, of April 12, approving the Consolidated Text of the Law on Intellectual Property.
9.2 The Client grants BeautyTreat the right to use the Client’s logo and branding for the purpose of external marketing of BeautyTreat, creating custom wellness menus and marketing the services within the Client’s premises.
10. DISPUTE RESOLUTION
10.1 Any dispute arising from or in connection with the Terms or the services provided shall be resolved through good faith negotiations between the parties.
10.2 If a resolution cannot be reached through negotiation, the parties agree to submit to the mediation procedure regulated by Law 5/2012, of July 6, on mediation in civil and commercial matters, before initiating any legal action.
10.3 Dispute Resolution Timeline: a) Initial response to grievance within 5 business days b) Negotiation period of up to 30 days c) If unresolved, mediation to be initiated within 14 days.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms shall be governed by and construed in accordance with the laws of Spain.
11.2 For any litigation arising from these Terms: a) Business Clients: The parties submit to the Courts and Tribunals of Marbella b) Individual Consumers: May choose between their local courts or the Courts of Marbella, in accordance with Spanish consumer protection law.
12. AMENDMENTS
12.1 BeautyTreat reserves the right to amend these Terms at any time. Any amendments will be communicated to the Client and will take 30 days after such communication.
13. SEVERABILITY
13.1 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect enforceable.
14. LIMITATION OF LIABILITY
14.1 To the maximum extent permitted by applicable law, BeautyTreat shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content.
14.2 BeautyTreat's maximum aggregate liability for all claims related to the services shall not exceed: a) For business clients: The total amount paid by the Client to BeautyTreat in the 6 months preceding the incident b) For individual consumers: As established by applicable Spanish consumer protection laws.
15. INDEMNIFICATION
15.1 You agree to indemnify, defend and hold harmless BeautyTreat and its officers, directors, employees, agents and affiliates, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and access to the services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
15.2 This defense and indemnification obligation will survive these Terms and your use of the services.
16. FORCE MAJEURE
16.1 Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to:
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Natural disasters or extreme weather conditions
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Pandemic, epidemic, or public health emergency
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Government actions or restrictions
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Power failure, industrial action, or internet outage
16.2 In the event of a force majeure: a) The affected party shall promptly notify the other party in writing b) Obligations will be suspended for the duration of the force majeure c) The affected party will use reasonable efforts to find a solution to circumvent the force majeure.
17. AGE RESTRICTIONS AND CONSENT
17.1 Minimum Age Requirements: a) Clients and its end users must be at least 18 years of age to book services independently b) Clients aged 14-17 may receive services with written parental consent c) Specific services may have higher age restrictions as indicated in the service description.
17.2 Parental Consent: For clients under 18, a parent or legal guardian must: a) Complete a consent form prior to treatment b) Be present at the start of the treatment c) Be reachable by phone throughout the duration of the treatment.
18. COOKIE POLICY
18.1 Our website uses cookies and similar technologies for the following purposes: a) Essential cookies: Required for basic website functionality b) Analytics cookies: To understand how visitors use our website c) Marketing cookies: To provide personalized advertisements
18.2 By using our website, you consent to the use of cookies in accordance with this policy.
18.3 You can manage cookie preferences through your browser settings.
19. QUALITY ASSURANCE
19.1 BeautyTreat maintains the following quality standards: a) All products used are certified for use in the EU b) Providers undergo annual skill assessments c) Client feedback is collected after each service d) Regular audits of service quality are conducted.
20. DOCUMENTATION
20.1 Treatment Records: a) Detailed records of all treatments are maintained securely for 5 years b) Clients can request copies of their treatment history c) Records include products used, techniques applied, and any relevant observations.
By using BeautyTreat's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.