Terms and Conditions

These general conditions of use and legal information (hereinafter, General Terms) apply to the website of AlmaVIP. (hereinafter referred to as AlmaVIP), whose domain is alma-vip.com and the corresponding mobile application, as well as all related or linked sites from alma-vip.com by AlmaVIP (hereinafter, collectively, the ‘Site’). The Site is owned by Escrivacatering SL. By using the Site, the User agrees to these terms of use. If you do not agree, please refrain from using it.

By means of these General Terms, Escrivacatering SL makes the website and the AlmaVIP mobile application (hereinafter jointly referred to as the Platform) available to users (hereinafter referred to as User or Users).

In compliance with the applicable regulatory provisions, the following identifying information of the Site’s owner is provided:

Corporate name: Escrivacatering S.L.

Registered Office: Avenida de los Artesanos, 62, Bloque 2, 7-3, 28760 Tres Cantos, Madrid

Tax Identification Number (NIF): B75849349

Purpose

AlmaVIP is a technology company, whose main activity is the development and management of a technological platform through which, via a website or a mobile application (hereinafter referred to as the “App”), it intermediates in the management of catering services for private flight attendants and private flight operators in private aviation.

Thus, AlmaVIP has a Platform through which different Providers, with whom AlmaVIP can maintain a commercial agreement for the use of the Platform, offer a series of services predetermined by the Platform. The Client has the possibility of requesting the acquisition of these Providers’s services by authorizing a third party when requesting a service through the Platform, in which cases AlmaVIP acts solely as an intermediary and, therefore, cannot assume or does not assume any responsibility for the correct provision of the services directly offered by the Providers.

AlmaVIP’s main activity, therefore, consists of establishing the point of contact between Clients seeking catering services and the Providers who wish to provide them. To do so, clients will make a booking request detailing their needs to the provider of their choice, entirely at their discretion. AlmaVIP has no liability regarding the choice made by the Client.

AlmaVIP does not provide the services itself in any case, which means that there is no responsibility for the execution of these services. Only the Providers with whom the registered Clients on the platform have established a contractual relationship will be responsible for such provision.

Throughout these General Terms of Use, we will refer to Clients and Providers collectively as Users.

2. Terms of Use

Access to the Platform and the voluntary creation of a profile by the User implies the express and unequivocal acknowledgment and acceptance of these General Terms, the Privacy Policy, the Cookie Policy, and the Terms of Use of the payment provider(s) by all Users.

3. Access and Registration for Users

To become a User of the Platform, the following requirements must be met:

You must be at least 18 years old.

Accurately complete the mandatory fields in the registration form, which request personal information such as username and email address.

Accept these Terms of Use

Accept the Privacy policy

Accept the Cookie policy

Accept the cancellation policy establish by the provider

The User guarantees that all data provided to AlmaVIP regarding their identity and legitimacy in the Platform’s registration forms are truthful, accurate, and complete. The User also agrees to keep their information updated, being solely responsible for any false or inaccurate data.

 

In the event that the User provides any false, inaccurate, or incomplete information, or if AlmaVIP has reasonable grounds to doubt the truthfulness, accuracy, or completeness of such information, AlmaVIP may deny the User present or future access to and use of the Platform or any of its content and/or services.

Upon registering on the Platform, the User will be able to access their profile by entering their email address and the password set during registration. Both the email address and password are strictly confidential, personal, and non-transferable. AlmaVIP recommends not using the same passwords as on other platforms to enhance account security. In the event that the User uses the same login credentials as on other platforms, AlmaVIP cannot guarantee the security of the account or ensure that the User is the only one accessing their profile.

The User agrees not to disclose their account information or make it accessible to third parties. The User will be solely responsible for the use of such information or the services of the site by third parties, including any statements made on the Platform, or any other actions carried out using the username and/or password.

3.1. Profile

To complete the registration on the Platform, the User must provide the following mandatory information: first name, last name, and email address; and optionally provide additional information such as phone number, or Company, Billing information. Once registration is complete, the User will be able to access their profile and complete, edit, or delete it as they see fit.

 

4. Service Operation. Terms of Engagement

When a User registered as a Client requires a service, they may access the platform and select the service they wish to contract, either through the available shortcuts or the platform’s search bar. Once accessed, the Client must enter the Airport where they want to receive the service, so that the available Providers in that area are displayed.

The Client may choose from the Providers available in their area by accessing their profiles, which include a personal description, the menu, their availability, and reviews from other Users. The Client will freely select the Provider they deem appropriate, with AlmaVIP bearing no responsibility for the Client’s choice of such Provider.

Once the Client has selected the characteristics of the service, they will proceed to send the request order. From that moment, the Provider has 12 to 24 hours to accept the order request, after which the contractual relationship established via the Platform becomes mandatory. The parties involved in the contractual relationship created are solely responsible for such compliance, and AlmaVIP shall not be a party to this relationship under any circumstances. Therefore, Users shall be obligated to both provide the contracted service and pay the agreed amount for the provision of said service. In the event that either party in the relationship—whether the Client requesting the service or the Provider offering it—is ultimately unavailable, they must cancel the service from the designated section in the platform, thus being subject to the platform’s cancellation policy.

In cases where the Client is not available at the designated airport at the established delivery date and time, the Provider will wait for 30 minutes, after this wait, the Provider can charge an extra fee determinated by the Provider.

In cases where the Provider is ultimately unavailable to delivery the order, they must cancel the order or contact the Client to explore alternative options. If the Client does not agree with any of the options proposed by the Provider and, as a result, is not interested in the alternative options, they must adhere to the consequences outlined in the cancellation policy.

4.1 Service Provision

Users who choose to offer their services through the Platform and, therefore, become Providers, must complete a questionnaire where they specify the services they offer. In doing so, they must indicate the airport(s) where they wish to provide the service(s), the price, service details, and a detailed description. The Provider confirms that the information provided is correct, accurate, and truthful, and will be solely responsible in case of any dispute. Listings cannot be duplicated, and the Provider may advertise in all professional categories available on the Platform.

For Providers who choose to use the Platform, their relationship with AlmaVIP will be limited to that of an independent third-party contractor and not that of an employee, agent, joint venture partner, or partner of AlmaVIP for any reason. Additionally, they will act solely in their own name and interest, and not on behalf of or in the interest of AlmaVIP. AlmaVIP will not direct or control, nor be considered to direct or control, the actions taken by the Provider or their conduct under these Terms, including with regard to the provision of services. The Provider acknowledges that they may, at their sole discretion, advertise Services or engage in any other commercial or employment activities, provided it is permitted under these terms.

Once the service is completed, it is the Provder’s responsibility to provide an invoice to by the Client, with the Client and Provider being the sole parties responsible under the contractual relationship.

5. Service Claim

Clients may file a claim regarding a service if they are not satisfied with the work performed by the Provider. To do so, they will have a period of 48 hours from the completion of the service to submit the claim through the application, stating the reason for their dissatisfaction. The Provider Will take care and apply the discounts they consider.

If the Provider don’t deliver at the agreed time and place, the Client must contact the Platform to seek a solution. Although the Platform is exempt from any liability arising from the Provider’s actions, it may assist the Client in finding a replacement to meet their needs.

6. Usage Fees and Payment for Services

Signing up and accessing the Platform is entirely free for Users.

The Client Will pay directly to the Provider through the method accorded for both.

The Provider can apply different fees depending on the order.

It is the sole responsibility of the Provider to set the amount they wish to receive for providing the service, as it is the responsibility of the Client to pay the agreed price once the order has been confirmed.

 

7. Price of Products and/or Services Listed on the Platform

All prices indicated on the Platform must include any applicable taxes based on the territory in which the User operates and shall be expressed in the prevailing currency according to the territory of the User’s operation, with the euro (€) as the default currency.

In accordance with Clause 6 above, the applicable prices for each service shall be those published on the Platform by the Provider at the time of confirmation. These prices may include, in addition to the fee set by the Provider, a commission charged by AlmaVIP for the use of the Platform, which may be displayed either as a separate item or included within the total amount payable by the Client. Any error in the indication of such price shall be the sole responsibility of the Provider. For more information, please fill out the Contact Form.

Monthly the Provider Will receive an invoice from AlmaVIP with the commission applied to all orders processed in the previous month. By default the commission is establish in 6% unless an special agrrement is reached between provider and AlmaVIP used to maintain the Platform’s services operational. For more information, please fill out the Contact Form.

The Professional may modify the price of their services through the designated section in the application; however, this price will not affect services that have already been booked or contracted beforehand.

 

8. Messaging through the Platform

8.1 Messaging Service

The exchange of messages between Users is intended to facilitate the sharing of information regarding the contracted services or services that are intended to be contracted, which comply with these Terms and Conditions.

Users must refrain from sending messages or information that includes advertising, spam, or content containing viruses, malware, or malicious software, mass mailing messages, messages containing texts contrary to standards of morality and public order, defamatory messages or those containing insults, illicit messages, or messages containing personal information of the User with the intent to use the service for purposes other than those permitted.

The Platform may utilize algorithms that automatically detect misuse of the messaging service by Users. If such a message is detected, it may be automatically blocked so that the receiving User does not receive the message, and the Platform may investigate whether an infringement has occurred. The offending User will be warned that they are in breach of the Terms of Use, and if their behavior persists, the Platform may deactivate that User.

8.2 Reviews

Users are entitled to write reviews/ratings only if a service has been contracted between them via the Platform. Such reviews must be honest and fair, and insults and falsehoods are prohibited.

The Platform does not review User reviews before they are published. For this reason, if a User believes they have received a review that breaches these Terms, they should contact the Platform through the Contact Form. AlmaVIP has the authority to delete any reviews that infringe these rules and may also restrict the offending user’s access to the Platform.

9. Promotional Codes and/or Other Offers or Discounts

Promotional codes and/or other offers or discounts offered through the Platform must be properly entered in the application prior to placing the order; otherwise, their use will not be effective for the User, and they will not be able to benefit from them.

Whenever a cancellation is initiated by AlmaVIP under the terms described in the following section, the Client will retain the validity of the promotional code and/or other offers or discounts for future use. When the cancellation is initiated by the User, the provisions of the following section will apply.

AlmaVIP reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use of them (e.g., redeeming a promotional code when not the legitimate recipient, mass transmission of codes, selling discounts or codes, etc.). Furthermore, it reserves the right to apply penalties to Users for the amount of the defrauded use of the Platform.

10. Right of Withdrawal and Service Cancellation

In accordance with the nature of the service offered by AlmaVIP, when a client contracts a service provided by a provider, it may be canceled at a later time by either the Client or the contracted Provider. AlmaVIP is in no way responsible for any costs or issues arising from the cancellation of the service by either party in the contractual relationship; however, if both parties wish, and when AlmaVIP deems it appropriate, it may act as a third-party mediator to resolve the dispute that arises between them.

AlmaVIP reserves the right to offer any form of compensation, to either the Client or the Professional, for the consequences of the service cancellation, such compensation being at AlmaVIP’s discretion and not obligatory for the Platform. In the event of an error in the information provided by the Client in the request or in the quotation made by the Professional, the responsibility rests solely with them, thereby exempting AlmaVIP from any liability.

AlmaVIP has official complaint forms available to consumers regarding the service offered by AlmaVIP, in the official languages of the countries where AlmaVIP operates. To access one of these forms, the User must contact AlmaVIP at info@alma-vip.com

 

11. User Obligations

Users are fully responsible for accessing and properly using their profile and other content on the Platform in compliance with applicable national or international laws of the country from which they use the Platform, as well as in accordance with principles of good faith, morality, good customs, and public order. Specifically, the User commits to diligently observing these General Terms of Use.

Users are responsible for correctly entering individual, non-transferable, and sufficiently complex usernames and passwords, and for not using the same username and password on other platforms, all with the purpose of protecting their account from fraudulent use by third parties unaffiliated with the platform. Users must refrain from using their profile and the rest of the Platform’s content for illegal purposes or in ways that may infringe upon the rights and interests of third parties or in any manner that may damage, disable, affect, or deteriorate the Platform, its content, and its services. Furthermore, preventing other Users from normally using or enjoying the Platform is prohibited.

AlmaVIP shall not be held editorially accountable and explicitly states that it does not identify with any opinions that may be expressed by Users on the Platform, for which the User who makes such statements is solely responsible for their consequences.

Those who fail to comply with these obligations will be liable for any harm or damage they cause. AlmaVIP will not be liable for any consequences, damages, or harm that may arise from such access or unlawful use by third parties.

In general, Users commit, by way of example and not limited to, to:

• Not alter or modify, in whole or in part, the Platform, by bypassing, disabling, or otherwise tampering with its features or services;
• Not infringe industrial and intellectual property rights or regulations governing the protection of personal data;
• Not use the Platform to insult, slander, defame, intimidate, violate the personal image of, or harass other Users;
• Not impersonate other Users by using their login credentials;
• Not introduce computer viruses, corrupted files, or any other software that could cause damage or alterations to AlmaVI’s or third parties’ content or systems;
• Not transmit mass and/or repetitive information to multiple individuals, nor send third-party email addresses without their consent;
• Not engage in advertising actions for goods or services without prior consent from AlmaVIP.

Any User may report another User when they believe that the latter is violating these General Terms of Use. Additionally, all Users can inform AlmaVIP of any abuse or violation of these conditions through the Contact Form. AlmaVIP will verify this report as soon as possible and will take the measures it deems appropriate, reserving the right to remove and/or suspend any User from the Platform for violation of these General Terms of Use. Furthermore, AlmaVIP reserves the right to remove and/or suspend any message containing illegal or offensive content without prior notice or subsequent notification.

12. User Termination

The User may opt-out of the Platform through the app, by sending an email via the Contact Form or by writing directly to info@alma-vip.com

13. AlmaVIP’s Liability

The User is responsible for having the necessary services and equipment for Internet navigation and for accessing the Platform. In the event of any incident or difficulty accessing the Platform, the User may report it to AlmaVIP through the contact channels made available to them, which will proceed to analyse the incident and provide the User with instructions on how to resolve it as quickly as possible.

AlmaVIP does not control or assume responsibility for the content submitted by Users through the Platform, with Users being solely responsible for the legal appropriateness of such content. AlmaVIP shall not be liable for service interruptions, connection errors, lack of availability, or deficiencies in Internet access service, nor for interruptions in the Internet network or for any other reasons beyond its control.

AlmaVIP is not responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), or to files or documents stored therein, as a result of:

• The presence of a virus in the User’s computer system or mobile device used to connect to the services and content of the Platform;
• A malfunction of the browser;
• The use of outdated versions of the same.

14. Liability for Content

AlmaVIP is not obligated to monitor the use that Users make of the Platform and, consequently, does not guarantee that Users will use the Platform in accordance with the provisions of these General Terms of Use, nor that they will use it diligently and/or prudently. AlmaVIP is not required to verify the identity of Users, nor the accuracy, validity, completeness, and/or authenticity of the data they provide. Any reference to a “verified” Member (or other similar terms) solely indicates that the Member has completed the corresponding verification or identification process, but does not imply anything further. This type of description does not constitute an endorsement, certification, or guarantee by AlmaVIP regarding any Member, including the Member’s identity or background or the fact that the Member is reliable, safe, or suitable. In the event that a third party other than the one who iniciated the verification of the profile accesses this verified account, with or without the consent of the verified Member, AlmaVIP shall not be liable for any damages incurred, and shall not be liable for the accuracy of the data provided as it is in breach of these General Terms and Conditions of Use.

AlmaVIP disclaims any liability for damages of any kind that may arise from the unlawful use of the Platform by Users or that may result from the lack of truthfulness, validity, completeness, and/or authenticity of the information provided by Users about themselves to other Users. This includes, but is not limited to, damages of any kind that may arise from the impersonation of a third party by a User in any communication made through the Platform. In particular, AlmaVIP is not responsible for the use of the application, as well as for bookings or services contracted by Users on the platform.

Notwithstanding the above, AlmaVIP reserves the right to limit, in whole or in part, access to the Platform for certain Users, as well as to cancel, suspend, block, or remove specific types of content, using technological instruments or by storing anonymized data to prevent misuse of the platform and/or the registration of unsuitable users, should it become aware that the activity or information stored is unlawful or infringes upon the rights or goods of a third party. In this regard, AlmaVIP may implement necessary filters to prevent the dissemination of illegal or harmful content through the service. The provision of content by Users through the Platform will constitute the assignment to AlmaVIP of all exploitation rights derived from the content provided on the Platform.

Additionally, to promote the AlmaVIP Platform and increase the exposure of Advertisements to potential clients, Listings and other Content from Providers may be displayed on other websites, in applications, in emails, and in both online and offline advertising.

15. «No Warranty» Clause in Service Provision

AlmaVIP makes no warranties regarding the authenticity, accuracy, novelty, reliability, legality, or non-infringement of third-party rights by the Providers. In this regard, Users acknowledge that AlmaVIP is a technology platform primarily engaged in intermediation, meaning it connects Clients and Providers, and therefore assumes no responsibility for the information provided by the Provider or for any damages or losses that may arise from a breach of these General Terms of Use. Therefore, AlmaVIP shall never be liable for the availability of the Provider or the prices set by them, as well as for the provision of their services.

AlmaVIP does not confirm or validate the identity and background of the Providers. Notwithstanding the above, AlmaVIP may occasionally conduct additional checks and implement procedures aimed at helping to verify or confirm the identities of the Providers, such as in the case of a verified profile. In this sense, when a User registers as a Provider, it simply means that the User has completed the corresponding registration process and has accepted these General Terms of Use and any other applicable specific conditions. It does not imply any certification or endorsement regarding their reliability, suitability, and/or safety by AlmaVIP.

For this reason, AlmaVIP advises Clients to always exercise common sense and caution when requesting a service from a particular Provider.

By being members of the Platform, Users agree that any legal liability they seek to assert as a result of actions or omissions by other Users of the Platform or third parties shall be limited to those Users or third parties, and no liability action shall be taken against AlmaVIP.

 

16. Taxes

Clients contracting the services or Providers providing them are solely responsible for complying with applicable tax legislation, both when charging for the services, to which VAT must be applied, and when declaring the income generated by the provision of such services.

Tax regulations may require us to collect relevant tax information from our Providers, or to withhold taxes from payments to our Providers, or both. If a Professional fails to provide the required documentation in accordance with applicable laws (e.g., taxpayer number) to satisfy the obligation (if any) to withhold Taxes from payments made to them, the Platform reserves the right to withhold payments in the amount necessary to cover the required taxes by law, until the matter is resolved.

17. Platform Updates and Modifications

AlmaVIP reserves the right to modify, at any time and without prior notice, these General Terms of Use, the Privacy Policy, and the Cookies Policy. Users must carefully read these General Terms when accessing the Platform. In any case, acceptance of the General Terms will be a prior and indispensable step to accessing the services and content available through the Platform.

Additionally, AlmaVIP reserves the right to make, at any time and without prior notice, updates, modifications, or the removal of information contained on its Platform, as well as changes to its configuration, presentation, and access conditions, without assuming any liability for this. AlmaVIP does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it will always be up to date; however, AlmaVIP will make every effort, provided there are no circumstances that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections, or outdated content, to correct the errors, restore communication, and update the content.

18. Intellectual Property

AlmaVIP is the owner or licensee of all intellectual and industrial property rights included in the Platform, as well as the content accessible through it. The intellectual property rights of the Platform, including texts, images, graphic design, navigation structure, information, and content available on it, are owned by AlmaVIP, which holds the exclusive rights to exploit them in any form, and particularly the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish intellectual and industrial property law.

Authorization for the User to access the Platform does not imply any waiver, transfer, license, or full or partial assignment of intellectual or industrial property rights by AlmaVIP. It is not permitted to delete, bypass, or manipulate in any way the contents of the AlmaVIP Platform. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, republish, upload files, mail, transmit, use, process, or distribute in any form, all or part of the content included on the AlmaVIP Platform for public or commercial purposes, without the express and written authorization of AlmaVIP or, if applicable, the holder of the corresponding rights.

Any User who shares any type of content through the Platform guarantees that they hold the necessary rights to do so, releasing AlmaVIP from any liability concerning the content and legality of the provided information. The provision of content by Users through the Platform implies the transfer to AlmaVIP, at no cost, and with the maximum scope permitted by applicable law, of the intellectual or industrial property exploitation rights derived from such content.

19. Severability of Clauses

If any of the clauses in these General Terms is null and void or voidable, it shall be deemed as not included. Such declaration of nullity will not invalidate the rest of the Agreement, which will remain in full force and effect between the Parties.

20. Applicable Law

The relationship between AlmaVIP and the User shall be governed and interpreted in accordance with the General Terms, which, in matters of interpretation, validity, and enforcement, shall be governed by Spanish law. Any disputes shall be submitted to the Courts of Madrid.

21. Extrajudicial Dispute Resolution

Conflicts or disputes arising outside the European Union shall be subject to resolution by the Spanish Court of Arbitration of the Chamber of Commerce.