Information on exercising the right of withdrawal
Experience gift cards purchased from the ARIMA Hotel & Spa online shop
1. Trader identification
The seller of the gift cards is CLIVING 15 S.L., tax identification number B75131383, with its registered tax address at Avda. de Tolosa 21, 5, 20018 Donostia-San Sebastián, Gipuzkoa, Spain (hereinafter, “ARIMA”).
Communications concerning the right of withdrawal may be sent to info@arimahotel.com or to the address above.
2. Purpose and scope
This document governs the exercise of the right of withdrawal for experience gift cards purchased from ARIMA’s online shop by persons acting as consumers under applicable law, where no specific date for enjoying the experience is agreed at the time of purchase.
A discount or promotional condition does not, in itself, exclude the right of withdrawal.
Accommodation bookings for specified dates are governed by the cancellation conditions of the rate booked and the applicable legislation. The right of withdrawal for distance contracts does not apply where the statutory exception for accommodation services with a specific date or period of performance applies.
3. Withdrawal period and calculation
The purchaser may withdraw from the purchase of the gift card without giving any reason within fourteen calendar days.
For digital gift cards, the period runs from the day after the contract is concluded.
For physical gift cards, ARIMA grants the same period from the day after receipt of the card where this is more favourable to the purchaser. Withdrawal may also be notified from the time the contract is concluded, even if the physical card has not yet been handed over.
These provisions do not affect any more favourable statutory period that may apply.
Issuing, sending, downloading or printing the digital voucher does not, in itself, constitute performance of the experience purchased or cause the right of withdrawal to be lost.
4. How to exercise the right
To exercise the right, the purchaser must inform ARIMA of the decision by an unequivocal statement sent to info@arimahotel.com, or in writing to the address in section 1. Exercising this right does not require ARIMA’s prior approval.
The communication must allow the purchaser and the relevant purchase to be identified. It may include the purchaser’s name, purchase date, order number or gift card code. Missing information will not prevent the request from being processed if the transaction can be identified by other means.
The form at the end of this document may be used, but it is not mandatory. Sending the communication before the applicable period expires is sufficient.
Where the card has been purchased for another person, the right belongs to the person who entered into the contract, without prejudice to its exercise through a duly authorised representative.
5. Financial effects and reimbursement
Where withdrawal covers the entire purchase, ARIMA will reimburse the amount actually paid for the gift card, including any physical-format supplement paid.
If a discount was applied, reimbursement is limited to the amount actually paid for the purchase being withdrawn from, rather than the card’s face value or its price before the discount.
Reimbursement will be made without undue delay and no later than fourteen calendar days after ARIMA receives the withdrawal communication. The same means of payment used for the purchase will be used, unless another means is expressly agreed which does not incur any cost for the purchaser.
No penalty or administration fee will be charged for exercising the right. Reimbursement will not be replaced with a voucher, credit or new gift card without the purchaser’s express agreement.
6. Cancellation of the voucher and physical presentation
The effective exercise of the right of withdrawal will result in all versions of the gift card being cancelled. Once cancelled, the voucher may not be used by the purchaser, the recipient or any third party, even if they retain its code, a digital copy or the physical card.
Where a physical card or presentation has already been handed over, ARIMA may request that it be returned to the hotel reception. Recovery of that item will not be a condition for processing or making the reimbursement described in this document.
7. Linked bookings and commencement of the service
Any booking linked to the card must be mentioned in the withdrawal communication so that cancellation of the voucher and management of the booking can be coordinated. Arranging a date after purchasing the card will not, in itself, be treated as a waiver of the right to withdraw from the original purchase.
Where the purchaser requests that the service begin during the withdrawal period, an express request to begin will be obtained beforehand, together with, where required by law, acknowledgement that the right will be lost once the service has been fully performed.
Loss of the right following full performance may only be invoked where all statutory requirements have been met, including prior express consent and awareness of that consequence. These will not be presumed merely because the card has been purchased or its physical or digital form received.
If the service has only been partly performed when withdrawal is notified, a proportionate amount for the service actually provided may only be charged where the statutory information requirements and the express request to begin have been satisfied.
8. Withdrawal and the purchaser’s other rights
The right of withdrawal described in this document is separate from cancellation or amendment of an appointment or stay, the card’s validity and its conditions of use.
After the applicable withdrawal period has expired, there is no general right to reimbursement solely because of a change of mind. This does not limit any rights arising from breach of contract or other rights under mandatory law.
Nothing in this document shall be interpreted as waiving or restricting any mandatory consumer rights.
Model withdrawal form
Complete and return this form only if you wish to withdraw from the purchase. Use of this form is voluntary.
To: CLIVING 15 S.L., Avda. de Tolosa 21, 5, 20018 Donostia-San Sebastián, Gipuzkoa, Spain. Email: info@arimahotel.com.
I hereby give notice of my decision to withdraw from the contract for the purchase of the gift card identified below:
- Order number, gift card code or other details identifying the purchase:
- Experience or card purchased:
- Date of contract:
- Date the physical card was received, if applicable:
- Purchaser’s full name:
- Purchaser’s address:
- Date of communication:
- Purchaser’s signature, only if this form is submitted on paper: