Terms and Conditions
Terms and Conditions
The user of the AlaMesa platform declares to have read and accepted the present document that meets the terms and conditions under which its holders authorize the access and use of the same, its contents and services. Access to the platform of AlaMesa implies the acceptance of all its terms and conditions, which may be modified at any time without prior notice by AlaMesa.
The AlaMesa Platform
Our platform is comprised of the Alamesa web page, Bulletin Alamesa, Alamesa App and alamesacuba profiles on social networks
Web directory: Internet site visible at http://www.alamesacuba.com and http://alamesa.nat.cu that contains a specialized search engine that allows the user to find restaurants, gastronomic entities in general and food providers, a blog in which Articles on gastronomy and culinary culture and pages and sections dedicated to the promotion and marketing of home delivery services, table reservations, culinary experiences, among other offers, are regularly published.
AlaMesa App: App for mobile phones which constitutes an offline portable version of the Directory. It allows geolocation of sets the position of the user in an integrated map.
Other Definitions
Users: Any person using and/or visiting the website, installing and/or using AlaMesa App subscribing to AlaMesa Bulletin or following us on social networks.
Customers:The owners of a restaurant or related culinary entity registered in the Directory.
Object
The platform aims to distribute information about food and culinary culture in Cuba and to the management of associated services in the sector.
Its main tool is a Directory specialized on information about restaurants in Cuba. It references individual profiles with detailed information about each place. These conforms a database that can be accessed and filtered through the platform.
Other ways are publishing content on these and related topics.
Reservations and Delivery services
AlaMesa offers a service of management of reservations for the client in the restaurants included in its database, offering assistance in the concretion of their business relation as diner with the restaurant and with the delivery service.
User understands and accepts the fact that while conducting a reservation or a delivery request through AlaMesa his comercial relationship is not with AlaMesa but with the selected restaurant and eventually with the delivery service chosen by the restaurant to make the deliveries.
AlaMesa will confirm to the user via electronic means the reception of the reservation request and the eventual confirmation of it, which the user accepts.
AlaMesa does not assume responsibility for the service's compliance by the restaurant or the delivery service, nor does it guarantee the level of satisfaction expected by the user, not being responsible for the damages or damages that any third party may cause.
Payment
AlaMesa may charge for reservations and delivery management services, specifying in every case the price for the services and not being responsible for additional charges not specified in the AlaMesa’s platform if third parties try to charge them in violation of the terms agreed between those parties and AlaMesa.
Whenever asking for a reservation or delivery the user accepts the price of the service and the rest of the conditions encoded in this document and is obligued to pay for the service at the moment of the request if online or at the moment of delivery when specified.
Cancellations and changes
The user can cancel the requested service or request its modification if it is confirmed, within the following deadlines:
- For reservations in a restaurant, up to 24 hours before the start of a given reservation
- For delivery service, up to 24 hours before the beginning of the date in with delivery is due
- For Food Events, at least 30 days before the date of the event reserved, or up to 24 hours after making the reservation with the exception of those event adquired and paid for under 72 hours before the beginning of the event. In this case no cancelation or modification is allowed
To request cancellation of service, within the established term, the user will follow the corresponding cancellation link contained in the confirmation emails that are sent by AlaMesa.
To request modification of the service within the established term, for which the corresponding link will be included in the reservation confirmation e-mail sent by AlaMesa or it will be requested directly through the e-mail: reservas@alamesacuba.com. AlaMesa guarantees the processing of the service modification request, but not the successful outcome of said changes.
AlaMesa will not be responsible for errors in the information sent by the user, for the damages that they may cause or for the cancellation of the reservation unilaterally by the restaurant.
No-shows
If the user does not show up at the restaurant at the time of the reservation he will be identified as a "no-show ". AlaMesa reserves the right to restrict or suspend access to AlaMesa services to the user identified one or more times as a "no-show" within a period of 12 months.
AlaMesa reserves the right to dispose unilaterally the suspension or restriction of any user to the service. The same policy will apply to users with repeated cancellations.
Tardiness
The user will try to attend at least five (5) minutes before the reservation time. AlaMesa will not be responsible for the restaurant's decisions regarding reservations related delays.
Transportation and no presence for the delivery
AlaMesa will not be responsible for the transportation of any product requested through the delivery system, this service would be responsability of the selected restaurant or the delivery service chosen by the restaurant.
If the user or person signaled to receive the order is not present at the place indicated at the time of delivery, this will be identified as a "no-presence" an the order will be returned to the restaurant considering the delivery service as done. In this case the user will have 24 hours to pick up the order himself in the restaurant during operation hours. After that period the user will lose the right to the delivery and will be held responsible for the damages generated to both the restaurant and the delivery service.
AlaMesa reserves the right to dispose unilaterally the suspension or restriction of any user to the service, specially those users identified one or more times as a "no-presence" within a period of 12 months. The same policy will apply to users with repeated cancellations.
Refunds
In case of services canceled AlaMesa will reimburse the user the total amount paid with deduction of AlaMesa's operating costs and those associated with the corresponding payment processor.
The same policy will apply whenever it become impossible to enjoy the confirmed service due to the closure of the restaurant or other causes attributable to the restaurant, or due to unforeseeable or unavoidable events, unrelated to the will of the user, that arise after the confirmation of the reservation in spite of having adopted the user all the possible measures to avoid affectations. Such events include: fires, earthquakes, wars, riots, natural catastrophes and other with similar characteristics.
Intelectual property and copyrights
The intellectual property rights of alamesacuba.com and the application for mobile phones Alamesa App, its source code, design, navigation structure and various elements contained therein are the property of the ALAMESA Society, which has the exclusive exercise of the rights to use them in any way it see fit, in particular the rights of reproduction, distribution, public communication, in accordance with applicable law.
The total or partial reproduction of the contents of the platform Alamesa without the express and written consent by the ALAMESA Society is prohibited. Unauthorized use of these files will result in legal action.
ALAMESA cannot be liable for the infringements made by users of its web site affecting third parties.
Content
The platform will have the information provided by its customers according to the terms and conditions agreed between them and ALAMESA.
Likewise it will display the available information, accessories, and tools generated by ALAMESA to enrich the platform and make it more attractive to users applications.
Finally, it will make available the information generated by users in the form of reviews, ratings and more.
Access and use
AlaMesa guarantees the availability and continuity of the operation of the platform at all times, except in those circumstances in which reasons of force majeure and responsibility of third parties prevent it.
AlaMesa provides access to content provided by its customers and users, so AlaMesa is not responsible for the quality, reliability, accuracy or correctness of said contents.
AlaMesa cannot be held responsible for the opinions of third parties displayed on the site itself or linked to it.
Access to the platform, as well as the use of the information and contents included in it, will be the exclusive responsibility of whoever does it.
The conditions of access to the platform will be subject to current legality and the principles of good faith and lawful use by the user, being prohibited in general any type of action in detriment of AlaMesa.
The use of the platform for illegal or unauthorized purposes is strictly prohibited.
Any form of exploitation, including all types of reproduction, distribution, assignment to third parties, public communication and transformation, through any media, of the contents and distinctive signs of AlaMesa without previous and express authorization of their respective holders is prohibited.
However, at its own risk, the user may download or make copies of such elements exclusively for their personal use, as long as they do not infringe any of the intellectual or industrial property rights of AlaMesa or its clients, or change them totally or partially. In no case will this mean an authorization or license over the property rights of AlaMesa.
It is prohibited, except in the cases that AlaMesa expressly authorizes, to present the pages of AlaMesa, or the information contained therein under frames or marks, distinctive signs or social or commercial names of another person, company or entity.
The User declares that he / she is of legal age and has the necessary legal capacity to contract the products and services offered in the AlaMesa platform, also states that he / she accepts the binding of this agreement and understands, and accepts in full the conditions set forth herein to use this platform and to contract the offers.
The USER undertakes to make adequate use of the content and services that AlaMesa offers through its platform and not to use them to incur in illegal activities, illegal or contrary to good faith and public order; to disseminate contents or propaganda of a political, racist, xenophobic, homophobic, pornographic nature, terrorist apology, violation of human rights or against any government or national state, especially Cuba; cause damage to the physical and logical systems of AlaMesa, its suppliers or third parties, to introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages.
In the case of services provided by AlaMesa that require authentication, the USER undertakes not to transmit the credentials of access to the service to unauthorized third parties and to immediately communicate to AlaMesa access by an unauthorized user to such information.
It will be necessary to have prior and written authorization, provided by the owners or administrators of AlaMesa, both to use any of the elements that make up the platform and to mention it.
AlaMesa reserves the right to make any modifications it deems appropriate in its platform without prior notice, being able to change, delete or add contents, services, inputs or comments that are provided by AlaMesa or its users, as well as the way they appear presented or located.
AlaMesa will pursue the breach of the above conditions as well as any misuse of its platform, exercising all the actions prescribed in the Law.
The user will be responsible for any damage that could cause to the platform (or any page or service of it, or to third parties), for the illegal or improper use of it, or the contents and information accessible or facilitated through it.
AlaMesa se reserva el derecho de suspender el acceso a su plataforma, sin previo aviso, de forma discrecional y temporal o definitiva, por razones técnicas o de cualquier otra índole, pudiendo asimismo modificar unilateralmente tanto las condiciones de acceso, como la totalidad o parte de los contenidos en ella incluidos.
AlaMesa reserves the right to suspend access to its platform, without prior notice, on a discretionary and temporary or definitive basis, for technical or other reasons, and may also unilaterally modify both access conditions and all or part of the contents included therein.
Responsibility
ALAMESA is not responsible in any way for any damage that could cause the users of our platform, (or any site or service) by the illegal or improper use of it, or the content and information accessible or provided through it.
Service
ALAMESA reserves the right to suspend access to its website, without prior notice, in a discretional and temporary way, due to technical reasons or otherwise, and may also unilaterally modify both access conditions and all or part of the content in it.
Hyperlinks
Hyperlinks contained in the Alamesa platform can direct to third party websites. ALAMESA assumes no responsibility for the content, information or services which may appear on those sites. The hyperlinks will have information purposes only and in no way imply any connection between ALAMESA and persons or entities holding such contents or sites where found.
Use of data
ALAMESA respects confidentiality of the data obtained in our platform and commits not to provide Access to them to a third party. However, the user grants ALAMESA a non exclusive, transferable, imprescribable license to use any information given to ALAMESA for its development and statistical analysis.
The registered user’s contact info can be used by ALAMESA to send emails, notifications of new offers and services of the platform, always providing the users with the possibility of unsubscribing from this service.
ALAMESA may use cookies when a user browses the web pages of the Portal. The cookies are associated only with the browser of a specific computer (an anonymous user) and not themselves provide data on the User. Thanks to cookies, it is possible for ALAMESA to recognize preferences on content offered on previous visits selected by the user, in order to remember his or her preferences without having to reselect them on subsequent visits.
The User can configure its browser to be warned in the screen when receiving cookies and refuse the install of cookies on his or her hard drive.
See the instructions and manuals on your browser for more information. To use the Portal, it is not necessary for the user to permit the installation of cookies sent by ALAMESA, notwithstanding that, in this case, the user may need to have to make this selection each time you visit the site.
Termination
ALAMESA may discontinue or terminate the Website or any of the services offered to users at any time and without notice. In any case, ALAMESA may discontinue service to any user who makes an illegal, incorrect offensive use of its content or services.
Law and Forum
The user, with waiver of his or her own jurisdiction, for any divergence or litigation resulting from the interpretation, validity, compliance or non-compliance of these Terms and Conditions is expressly submitted to the ordinary jurisdiction of the Cuban courts.
The Law applicable to these Terms and Conditions is that of the Republic of Cuba.
Tapas Route
The event will be govern by the description, rules and participation instructions published at http://bit.ly/rutadetapasalamesa2019 , which must be accepted by all the participants, contestants and organizers.
The participating establishments release ALAMESA from any responsibility, the establishments respond for the availability and quality of the service, as well as for the quality of its products and its correspondence with the description made.
The contestant establishments will be responsible for the stamp of the ballots and their conservation once they are deposited in the respective ballots boxes.
ALAMESA will guarantee the openness in the execution of the drawing of winning participants, as well as the delivery of the prizes corresponding to them.
The winners will be announced by ALAMESA in a public event to be held before the end of a week after the completion of the Tapas Route.
Participants must keep up to the date of the awards event through the ALAMESA information channels and guarantee their timely attendance.
The participant expressly give up any claim of administrative or judicial order in relation to this event and is force to discuss any disagreement directly with the organizers thereof.
ALAMESA will analyze any claim received and will respond within a period of less than 72 hours in accordance with the provisions of these terms and conditions.