GENERAL TERMS AND CONDITIONS FOR GIFT CARDS
These General Terms and Conditions govern the purchase, issuance, delivery, use, redemption and, where applicable, balance management of gift cards marketed by LA LOBERA DE MARTÍN SLU, Tax ID No. B99134157, and BRASERÍA DE MARTÍN SL, Tax ID No. B99535049, corresponding to the establishments La Lobera de Martín and La Brasería de Martín.
The purchase of a gift card implies acceptance of these General Terms and Conditions and of the specific terms and conditions corresponding to the selected gift card, menu or experience.
The specific terms and conditions of each gift card form part of the contract. Where they validly establish any specific condition that differs from these General Terms and Conditions, the specific condition shall prevail for that particular gift card.
1. Types of gift cards
La Lobera de Martín and La Brasería de Martín may market different types of gift cards, including:
• Gift cards linked to a specific menu or experience.
• Gift cards representing a specific monetary amount, intended for use on the products or services permitted in accordance with their specific terms and conditions.
Before making the purchase, the necessary information shall be provided so that the purchaser can ascertain the essential characteristics of the gift card, its price, method of use, validity period and any relevant specific terms and conditions.
2. Sales period
Each type of gift card shall be available for purchase only during the sales period established for it. The end of that period shall not affect gift cards correctly purchased while they were on sale. Gift cards already issued shall retain the characteristics and conditions applicable to them at the time of purchase.
3. Price
The applicable price shall be the price shown during the purchase process at the time the order is placed, including all legally applicable taxes. Where the price of the menu or experience is determined by number of guests or by units, the total amount of the gift card shall be calculated according to the number of guests or units selected by the purchaser. Once payment has been confirmed and the gift card has been issued, the amount actually paid and the other financial characteristics of the transaction shall remain associated with it.
4. Number of guests, units or amount
Where required by the nature of the gift card, the number of guests, units or amount included in the gift must be selected during the purchase process. This information shall form part of the characteristics of the issued gift card and, together with its specific terms and conditions, shall determine how it may be used.
5. Purchase and payment process
Payment shall be made using any of the payment methods enabled on the website. Placing the order entails an obligation to pay. The gift card shall only be deemed issued once La Lobera de Martín has received satisfactory confirmation of payment. La Lobera de Martín does not store the full details of the bank cards used to make payment where such details are processed directly by the corresponding payment platform or payment service provider.
6. Issuance and identification
Once payment has been confirmed, an individual gift card identified by a unique code shall be generated. This code shall make it possible to verify, among other details, the authenticity of the gift card, its type, status, validity, conditions and, where applicable, available balance.
7. Purchase confirmation
The purchaser shall receive confirmation of the transaction by electronic means. The information associated with the purchase and the version of the terms and conditions accepted shall be recorded so that it can subsequently be determined which characteristics and conditions applied at the time of purchase.
8. Purchaser information
During the purchase process, only the information necessary to manage the transaction, confirm payment, issue and send the gift card, deal with possible incidents and comply with the corresponding legal obligations shall be requested. The purchase of a gift card does not in itself entail the creation of a reusable commercial customer record within the gift card system. The processing of personal data shall also be governed by the applicable Privacy Policy.
9. Gift recipient
The purchaser may choose to receive the gift card personally or request that it be sent directly to another person. Where direct delivery to the recipient is requested, the purchaser shall be responsible for providing the necessary information correctly. The purchaser must pay particular attention to ensuring that the email address provided is correct.
10. Dedication and visible sender identification
The purchaser may include a personalised dedication and, where this option is available, specify the name or text they wish to display as the sender of the gift. This text may differ from the name of the person who actually makes the purchase. The purchaser shall be responsible for the content of any text entered for inclusion on the gift card. La Lobera de Martín and La Brasería de Martín merely reproduce the information provided by the purchaser and shall not be responsible for the content, meaning, accuracy or consequences arising from such text. Unlawful, offensive, discriminatory, threatening or defamatory content, or content that infringes third-party rights, shall not be permitted. La Lobera de Martín and La Brasería de Martín may reject, block or prevent the issuance of a gift card where they detect content of this nature.
11. Delivery
Gift cards purchased through the website shall be delivered electronically, unless an additional method is expressly offered in the future. The gift card shall be sent to the email address selected during the purchase process. Where direct delivery to the recipient has been requested, it shall be sent to the address provided for that recipient. Failure to receive the email does not entail the loss of the gift card. In the event of an incorrect address, loss of the message, classification as spam or any other delivery-related incident, a resend may be requested after the necessary details have been verified.
12. Scope of use
Gift cards may be used at both La Lobera de Martín and La Brasería de Martín. In the case of gift cards linked to a menu or experience, use at either establishment shall be subject to the relevant menu, experience or service being available at the chosen establishment. Gift cards representing a monetary amount may be applied to eligible products or services at both La Lobera de Martín and La Brasería de Martín, in accordance with their method of use and the other applicable conditions.
13. Validity
Each gift card shall have the validity period expressly stated before purchase and shown on the gift card issued. The expiry date shall be determined in accordance with the conditions applicable to the type purchased and shall be fixed at the time of issuance. Subsequent changes to the validity periods applicable to newly issued gift cards shall not alter the expiry date of a gift card already issued. Where a gift card allows multiple uses, all uses must take place within its validity period. A partial use shall not in itself restart or extend that period.
14. Financial adjustment of certain gift cards
Gift cards linked to a menu or experience shall be subject to a financial adjustment date. By default, the financial adjustment date shall apply from 31 December of the year of issuance onwards, unless the specific terms and conditions of the gift card expressly establish a different date. If, on reaching the financial adjustment date, the gift card has not been used, the purchaser may choose between:
a) requesting a refund of the amount actually paid for the gift card; or
b) retaining the right to enjoy the menu or experience by paying, where applicable, the difference between the amount originally paid and the price applicable at the time of the financial adjustment.
Where a refund applies, it shall be made to the purchaser and, whenever possible, using the same payment method originally used. The financial adjustment may result in the corresponding update of the gift card and the assignment of new conditions of use or validity.
15. Advance booking and availability
Where use of a gift card requires a reservation, it must be made through any of the channels made available for this purpose. The purchase or possession of a gift card does not in itself constitute a reservation or guarantee availability for a particular date, service or establishment. The holder may request a reservation at La Lobera de Martín or La Brasería de Martín provided that the corresponding menu, experience or service can be provided at the chosen establishment. The reservation shall be subject to existing availability, opening days and hours, the corresponding lunch or dinner service, the capacity of the establishment, the specific terms and conditions of the menu or experience, and any expressly excluded dates or services. The reservation must be made for a date on which the gift card may be used within its validity period.
16. Excluded dates or services
Certain types of gift cards may establish restrictions on use for specific dates, days of the week, services, public holidays, days preceding public holidays, special events, closure periods or other specific dates. Specific conditions may also be established for dates on which special menus or services are offered, such as Christmas, New Year’s Eve, Valentine’s Day or other celebrations. Possession of a gift card does not entitle the holder to require its use on an expressly excluded date or for a service that is unavailable. It is recommended that reservations be made as far in advance as possible.
17. Gift cards linked to a menu or experience
Gift cards linked to a menu or experience shall entitle the holder to enjoy the purchased service in accordance with the characteristics and conditions corresponding to the gift card issued. Where the gift is configured for a specific number of guests or units, it shall be used in accordance with that quantity and the redemption method indicated on the gift card.
18. Changes to menus and seasonal products
The composition of menus and gastronomic experiences may change as a result of seasonality, availability of ingredients, market conditions or the evolution of the gastronomic offering. For this reason, specific dishes, preparations or products may be replaced by others of equivalent characteristics and standard where reasonably necessary. Such changes may not arbitrarily alter the essential nature of the experience purchased. Where a particular product, preparation or element constitutes the essential and expressly identifying feature of the gift, every effort shall be made to retain it or, where this is not possible, to offer a suitable alternative. Photographs, dish descriptions and menu compositions shown during the sales process may be illustrative where the nature of the experience itself entails seasonal or market-related changes.
19. Allergies, intolerances and dietary requirements
Allergies, food intolerances and other relevant dietary requirements must be communicated when making the reservation and sufficiently in advance. The possibility of adapting a menu or experience shall depend on its composition and on the specific preparation and food safety conditions. Where an experience cannot be adapted to a particular requirement, the customer shall be informed as soon as reasonably possible once that circumstance becomes known.
20. Gift cards representing a monetary amount
Where a gift card represents a specific monetary amount, that amount may be used for purchases made at both La Lobera de Martín and La Brasería de Martín. The amount of the gift card may be applied to the products and services accepted by the establishment at the time of use, in accordance with the conditions of the gift card. Where the amount of the bill exceeds the amount or available balance on the gift card, the holder must pay the difference using any payment method accepted by the establishment.
21. Redemption method
The method of use of each gift card shall be the method stated in its characteristics and applicable conditions. There may be gift cards that must be redeemed in full in a single use and gift cards whose method of use allows several partial redemptions until the available amount or units have been exhausted. Where a gift card allows partial redemptions, only the amount or units actually applied to each redemption shall be deducted. The remaining balance or units shall remain available for subsequent use at La Lobera de Martín or La Brasería de Martín until exhausted or until the gift card reaches its expiry date. A partial redemption shall not alter or extend the expiry date. Where a gift card is subject to full redemption, it shall be deemed fully used once the corresponding redemption has taken place, and no remaining balance or subsequent right of use shall arise in respect of any part that may not have been consumed, unless the applicable conditions expressly provide otherwise.
22. Available balance
Where the type of gift card allows partial use, its available balance shall be the amount resulting from deducting from its initial value the amounts correctly applied in previous redemptions. The balance may be used interchangeably at La Lobera de Martín and La Brasería de Martín while the gift card remains active and within its validity period. Where the amount of the purchase exceeds the available balance, the full remaining balance may be applied and the difference paid using another accepted payment method. The balance of a gift card may not be exchanged for cash and shall not give rise to any right to a cash refund, except where legally required or expressly provided for in these General Terms and Conditions.
23. Gift card code and safekeeping
The unique gift card code must be retained until the gift card has been fully used. The purchaser and recipient must take reasonable measures to prevent the code from being published, unintentionally shared or used by unauthorised persons. In the event of loss, unauthorised access, delivery to an incorrect recipient or any other incident relating to the code, the incident must be reported to La Lobera de Martín or La Brasería de Martín as soon as possible. Where the gift card has not yet been used and the transaction can be sufficiently verified, the previous code may be blocked and the gift card reissued. Issuance of a new code shall invalidate the previous one.
24. Identification and control of the gift card
Each gift card shall be checked before it is used. The management systems may be used to verify, among other matters, the authenticity of the code, the status of the gift card, date of issuance, validity period, redemption method, number of guests or units, initial amount, previous uses, available balance and conditions of use. A gift card may only be used where its status permits redemption.
25. Fraudulent or irregular use
La Lobera de Martín and La Brasería de Martín may temporarily suspend the redemption of a gift card where there are reasonable indications of duplication, tampering, fraud, reversal of payment, unauthorised use or any other incident requiring verification of the legitimacy of the transaction. The suspension shall be limited to the time reasonably necessary to carry out the relevant checks and shall not affect any rights legally held by the purchaser or legitimate holder.
26. Correction of information and resending
The purchaser may request the correction of certain identification or delivery details where an error has been detected. The purchaser may also request that the gift card be resent. Any modification of such information shall not alter the amount paid, the financial characteristics of the purchase, the date of issuance or any other historical conditions associated with the gift card.
27. Right of withdrawal for distance purchases
Where legally applicable, a purchaser who qualifies as a consumer shall have a period of fourteen calendar days in which to exercise the right of withdrawal from a distance purchase, without having to provide any reason.
The period shall be calculated in accordance with the applicable consumer and user protection legislation.
A request to exercise the right of withdrawal must be communicated by means of an unequivocal statement sent by email to [admon@laloberademartin.org](mailto:admon@laloberademartin.org) or by any other verifiable means that makes it possible to prove both its content and the date on which it was sent.
Where the right of withdrawal applies, the corresponding amount shall preferably be refunded to the purchaser using the same payment method used for the original transaction. Where this is not possible, another appropriate refund method may be used, without additional cost to the purchaser.
The refund shall be made within the period established by law.
If, during the withdrawal period, the total or partial use of the gift card or provision of the service has been requested and has taken place, the consequences and exceptions provided for by the applicable legislation shall apply.
This provision is without prejudice to any circumstances in which the right of withdrawal is excluded by law.
28. Specific terms and conditions
Each type of gift card may have specific terms and conditions relating, among other matters, to its validity, available dates or services, excluded dates, number of guests, units, amount, reservation requirements, redemption method, whether or not partial use is permitted, included products or services, limitations, restrictions or specific cancellation conditions. These terms and conditions must be made available to the purchaser before completion of the purchase and shall remain associated with the gift card issued.
29. Acceptance and retention of the terms and conditions
Before completing the purchase, the purchaser must expressly accept these General Terms and Conditions and the specific terms and conditions applicable to the selected gift card. The version accepted shall remain associated with the transaction and shall be retained so that it can subsequently be determined which terms and conditions applied to each purchase. Future amendments to these General Terms and Conditions shall not alter the terms applicable to gift cards purchased previously, unless an amendment is required by a mandatory legal provision or benefits the holder without adversely affecting their rights.
30. Customer service, incidents and complaints
The purchaser or holder may contact La Lobera de Martín or La Brasería de Martín through the contact channels published on the website to make enquiries, request resending, report errors, report the loss or unauthorised use of a code, request permitted changes, report incidents, exercise any applicable rights or submit complaints relating to a gift card. Complaint forms and any other legally required complaint mechanisms shall also be made available.
31. Applicable law and jurisdiction
These General Terms and Conditions shall be governed by Spanish law and, in particular, by the legislation in force concerning consumer and user protection, electronic contracting and any other applicable legislation. For any dispute arising from the interpretation, application or performance of these General Terms and Conditions, the parties submit to the Courts and Tribunals of Zaragoza, provided that such submission is legally valid.
