Terms and Conditions AIRE New York · Tribeca

Reservations in Advance

We recommend you book in advance to ensure your preferred time and experience is available.

Reservations Placed On Hold

The client will have a period of twelve (12) months to enjoy the service or experience for which the reservation was made, which period will begin to run from the first cancellation/modification of the reservation. If the reservation is not enjoyed within the 12 months indicated, the client will lose 100% of the amount of their reservation by executing the aforementioned cancellation policy.

Age Requirement

The minimum age required for access to AIRE Ancient Baths is 18.

Exclusion Conditions

The AIRE experience is based on tranquility and relaxation. Customers who do not comply with the rules of use, conditions of silence and other guidelines previously described, may be asked to leave the facilities. If you have any special requirements or needs, we recommend you to contact us prior to your visit or booking to discuss arrangements/requirements.

Healthy Conditions

Please inform us when making the reservation of any health conditions, allergies, injuries or special accessibility/mobility requirements that could affect your service.

Personal Articles

We regret that we cannot be responsible for any loss or damage to personal items while your visit to AIRE. Please keep all valuables locked in your locker during your visit and make sure it is properly locked before leaving the locker room to begin your experience.

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1. - Legal Framework

ACQUA ANCIENT BATHS NEW YORK, LLC

27-3894929

88 Franklin St, 10013 New York, NY, United States

+1 917-563-4542

nytribeca@beaire.com

In compliance with current legislation, the entity ACQUA ANCIENT BATHS NEW YORK, LLC. which operates via the internet from the website WWW.BEAIRE.COM describes below in detail the terms and conditions for the products and/or services it offers, from which the rights and obligations of the parties have their origin.

2.  Identification

The present Terms and Conditions (hereafter referred to as "conditions") have the regulation of the relationship between ACQUA ANCIENT BATHS NEW YORK, LLC (hereafter referred to as "provider") and the clients (hereafter referred to as "user") as their function. This relates to all the transactions carried out via the website’s online shop.

2.1.- Offeror Company

ACQUA ANCIENT BATHS NEW YORK, LLC

27-3894929

88 Franklin St, 10013 New York, NY, United States

+1 917-563-4542

nytribeca@beaire.com

If necessary, complaints can be addressed to the following address, which is where this company has its registered office:

• 88 Franklin St, 10013 New York, NY, United States
• +1 917-563-4542
• nytribeca@beaire.com

And the other party:

2.2. The User

User or Client shall be understood to be the internet user who acquires this status by accessing and using this website, using the different forms found throughout the Contact, Booking or Gift process, and is responsible for the accuracy of the personal data provided to the provider.

Please bring a photo ID for the person who’s name is on the reservation and who is associated to the payment. We ask for an ID to match payment to ensure we can verify identity 

3. Acceptance

By accepting these conditions, the user declares:

1. That they are a person with the capacity to contract in accordance with current regulations.
2. That they have read and accepted these conditions.

4. Availability

At any time, the user, prior to the initiation of the procedure for contracting products, has access to these conditions, which may be stored and/or reproduced on a durable medium.

5. Validity or Duration

The period of validity or duration for the present conditions and particular terms and conditions will be the time that they remain published on the aforementioned website, and will be applicable from the moment in which the user makes use of the web site and/or proceeds to contract any products.

6. Modifications

The provider reserves the right to unilaterally modify these conditions without it affecting the goods or promotions that were acquired by the user prior to their modification.

The user commits to reading the terms and conditions carefully each time that they proceed to contract a product, as they may have been subject to change since the last time that they consented.

7. Nullity

If any provision in these conditions is found to be wholly or partially invalid or unenforceable, such invalidity shall affect only that provision or that part thereof which is found to be invalid or unenforceable. The remainder of the conditions remain unaffected.

8. Purpose of Contract

The purpose of this contract is to regulate the contractual relationship of buying and selling between the provider and the user that begins when the latter accepts the purchase during the online contracting process by means of the mechanisms set out below.

The contractual relationship of buying and selling involves the delivery, in exchange for a price determined and publicly displayed via the website, of one or more specific products.

Due to the different formats in which the products are marketed or packaged, or due to the nature of the product itself, each one of them may be subject to a specific regulation by means of their respective terms and conditions. More details on this will be given in the section on guarantees, returns, cancelation, or in the fact sheet for the product itself.

9. Access and use of the website

The User may access and use this Website to get to know us, to contact us and to reserve or purchase gift boxes of our products or experiences.

10.  Geographical Scope

This website operates and sells in Spain, the United Kingdom, Denmark and the United States. This geographical area is hereinafter referred to as the ‘Territory’. Use of this website and purchases made on this website are deemed to be made in the country of the website or subsite through which the purchase or reservation is made, which shall be subject to the laws and regulations of that country. The Supplier does not accept or deliver orders outside such Territory.

All of the above is without prejudice to the fact that we will soon be able to offer these services in the excluded scopes, in which case they will be announced in advance on this website.

11. Product Information

The Provider pays great attention to information related to the product features by means of descriptions and photographs illustrating the products. All this is done within the limits of technology while respecting market standards.

12. Taxes, Currency and Shipping Costs

In accordance with current regulations, all purchases made through the website will be subject to taxes of 4.5% in the case of bath services, massages and experiences, or 8.875% in the case of products.

The prices specify whether or not they are advertised with taxes, and in any case will be shown in US dollars ($). These prices, unless expressly stated otherwise, do not include shipping costs or any other additional services and supplements for the purchased product.

13. Language in which the Contract is Developed

The contracting procedure and pre-contractual information are in Spanish and English. These languages will be used to carry out the contracting.

14. Steps in the Contracting Process

14.1 Pre - Arrivals And Pre- Booking Considerations

The following statements do not contain personal opinions as to our suitability for those people with special mobility and/or accessibility requirements, but aims to accurately describe the facilities and services that AIRE ANCIENT BATHS offers to all our visitors.

AIRE Ancient Baths is housed in ancient building, which combines different rooms and types of pools, spread over different floors, so it is not always easy to find your way around. We therefore encourage our clients to contact us to discuss their needs.

We advise guests with special accessibility/mobility requirements to visit the spa with a friend or carer who can help them navigate the spa. Please share any information about difficulties, mobility limitations or disabilities you may have prior your arrival, so we can make the experience work for you.

AIRE Ancient Baths is wheelchair accessible with lifts, inclined walkways or ramps to most locations, but there are some limitations due to the historic structure of the building and the nature of the environment.

No guarantee can be given that electric wheelchairs can be stored during your visit due to limited space, and passageways / fire exits are required to be kept clear at all times. Mobility scooters are not permitted in the Spa but may be parked in front of the main reception, where they can be left at the owner's risk.

Electric wheelchairs are not allowed inside the bathing and massage circuit. There are wheelchairs available for guests to gain access to the facilities. These are for general use and not allocated to a given guest. Staff are not available to push guests around the Spa, so we advise bringing a carer to assist.

Mobility scooters are not allowed inside the premises. You will have to leave it parked outside the entrance, under the responsibility of the owner.

Many of the therapy beds can be lowered to assist access. However, there are no hoists or adult changing tables in the changing rooms or treatment rooms.

It must be noted that our staff are not ‘person manual handling’ trained. We would advise that you bring a carer. If this is not possible please contact us in advance so that we can discuss your requirements.

For reasons of hygiene and allergies, we cannot allow service dogs access to the changing, bathing and massage areas, and we do not have a space in our facilities for their care. We advise you to come accompanied by a friend or carer, and to let us know well in advance so that we can find the best way of looking after you within our possibilities.

If you have any special requirements or needs, we recommend that you contact us prior to your visit or booking to discuss arrangements/requirements. We will be happy to arrange a pre-visit familiarisation tour prior to your visit before our centre opens in the morning.

14.2. Reservation process

To start the online booking process, go to our website www.beaire.com and access the BOOKING section that you will find at different points of the website. To make a booking you must select a date, an experience, the number of attendees and a time that suits your needs. Please note that the time you choose refers to the start time of your experience. The order in which you select the date, experience, number of people and time may vary depending on the route you take through the website (there are different entry points).

Once you have made your selection, you will be taken to the checkout process, where you will need to enter your personal details, choose your preferred payment method and enter your payment details. You must also accept the Terms and Conditions, as well as the Privacy Policy.

After verifying the payment, a message will appear on the screen confirming that the payment has been made, thus confirming your booking. You will receive an email with the details of your booking. If you require an invoice, you can request one at that time.

You may cancel your purchase by making use of the Right of Withdrawal within 14 days of the purchase by means of a reliable written communication to the registered office of the entity, or by e-mail to the address nytribeca@beaire.com indicating ‘withdrawal of purchase/reservation’ and indicating the number of your reservation or order that appears in the e-mail sent to you by the reservations department.

14.3. Gift process

Redeemable for purchases, including services, at both the Aire Ancient Baths New York (Tribeca) center and the Aire Ancient Baths Upper East Side center – visit www.beaire.com for location and contact information.  Present this Gift Card at time of purchase. Once you have redeemed at one Aire Ancient Baths centre, you will not be able to cancel your booking and redeem at the other centre. Any complaints or claims related to your redemption of the Gift Card or the provision of the service must be directed solely to the Aire Ancient Baths center where redeemed.  The Aire Ancient Baths center where you have chosen not to redeem this card shall not have any responsibility nor liability related thereto.  Use of this card constitutes acceptance of the terms and conditions available at www.website.com.

To start an online gift process, go to our website www.beaire.com and access the section GIFT that you will find at different points of the website. To make a gift you must select an experience, the number of people, the format (Physical or Digital Box) and a delivery method (Email, PDF, WhatsApp, courier or collection at the AIRE centre), which will vary depending on the format you have chosen and the device on which you are making the purchase. If you choose the digital gift format, you will be able to add a personalized dedication and configure other personalization options that you will see on the screen. In addition, depending on the format you have chosen, you may have to enter some information about the person you are giving the gift to, which we will use to send it to them.

Once you have made your selection, you will be taken to the payment process, where you will have to enter your personal details, choose your preferred payment method, and enter your payment details. In addition, you must accept the Terms and Conditions, as well as the Privacy Policy.

After verifying the payment, a message will appear on the screen confirming that the payment has been made, thus confirming your purchase. You will receive an email with the details of your purchase/gift. If you need an invoice, you can request one at that time.

You may cancel your purchase by making use of the Right of Withdrawal within 14 days following the purchase by means of a reliable written communication to the registered office of the entity, or by e-mail to the address nytribeca@beaire.com indicating ‘withdrawal of purchase/reservation’ and indicating the number of your reservation or order that appears in the e-mail sent to you by the reservations department.

Expiration of Gift Boxes: Our Gift Boxes, physical or virtual, expire after nine years from purchase date, and can only be redeemed at the same centre for which they were purchased. They are transferable and can be redeemed online or by contacting our reservations department.

ATTENTION: Once a booking of the AIRE service/experience has been made using the Gift Box, it will be governed by the Terms and Conditions applicable to bookings in terms of cancellations, modifications and deadlines.

Provisions to take into account during the purchase process

15. Product availability

The purchase of products is subject to the availability of AIRE experiences that are possible via online booking. There are no cases of overbooking. In the event of error, AIRE will contact the customer prior to booking and will give them the option to either change their day booking or to cancel at no cost to them.

It is possible that on some specific dates (for example, Valentine's Day, Mother's Day, etc,...), the Gift Box cannot be used due to the existence of special promotions where AIRE Ancient Baths only offers certain Experiences or rituals. These dates will be published on our website and RRSS well in advance. If you want to use your Gift Box during those dates, you can do so by paying the price difference between the value of your Box and the cost of the scheduled Experience or Ritual. We recommend you book your Experience in advance by visiting our website www.beaire.com or by calling our Call Center.

16. Types of products

The website has a wide variety of treatments, rituals and massages that are distributed among separate categories for easy searching.

17. Maximum order amount

The maximum cost is limited by the number of services available per type.

18. How to add to or cancel my order

The User may cancel the purchase of the various products and services offered by Aire within the time frame of 14 calendar days from the date of purchase according to the manner and conditions detailed below.

The reservation is charged in advance at the time of booking. Bookings can be modified or cancelled up to 48 hours before the booking date, after which the client will lose 100% of the booking amount. In case of cancellation before 48 hours, the client will have a period of twelve (12) months to enjoy the service or experience for which the reservation was made, starting from the first cancellation/modification of the reservation. If the reservation is not enjoyed within the 12 months indicated, the client will lose 100% of the amount of his reservation by executing the above mentioned cancellation policy.

19. Expenses, shipping methods and delivery time

As these services are carried out within the provider’s facilities, there are no shipping or delivery costs.

20. The delivery time

Between the order of the gift box and the date of the shipping company’s first delivery attempt to the address indicated for the order, the delivery time corresponds to the sum of these 2 factors:

• Delivery preparation time (24h) = validation and verification of your data and payment + order preparation + collection by the shipping company.
• The shipment time and delivery of your order are indicated in business days ranging between 2 and 3 days.

In the event that you do not receive a package within the indicated period, an investigation will be carried out together in conjunction with the carrier, which could last several days (the approximate period is fourteen (14) business days). During this period, no reshipment or refund of the order can be made.

When you receive your package, we ask that you check that everything is consistent with your order and that the shipment packaging is in perfect condition. If you find any anomalies upon receipt, please sign with reservations and indicate the anomaly in writing on the carrier’s delivery note. If you find that the gift box was not delivered in conformity with your order upon opening your package, please contact our Customer Service.

21. Invoice

Where can I consult my invoice? When you make a purchase, the website asks if you want an invoice, in which case, tax information is requested and an invoice is generated in pdf format. This invoice is sent, in the event that you have any questions, to our reservations and customer service center.

22. Taxes

In accordance with current regulations, any purchase made through the website will be subject to taxes of 4.5% or 8.875%, depending on the product or service.

23. Payment methods

Generally speaking, the User will be able to choose the form of payment:

A) By credit/debit card, which in addition to other info requires:

1. card number
2. CVC
3. Card expiration date

Once you have confirmed all of your purchase information (items, shipping methods, delivery address and billing) an option will appear asking you to choose your desired payment method and enter your data.

In the event that the payment platform informs you that your card has been refused, the order will automatically be canceled and, as previously mentioned, the customer will be informed online at the time of the cancellation.

Your credit card data will not be stored in our database, as it is entered via the secure website of the selected bank. Your card data is protected at all times thanks to the bank’s secure servers, which use SSL encryption in their communications.

24. General Provisions on the Payment Process

• The order payment provided by the User necessarily implies the adherence to these General Terms and Conditions as well as of the specific conditions for the order.

• For any form of payment selected by the User, all payments shall be subject to the terms and conditions of the participating financial entities or secure payment platforms (e.g. Visa, Mastercard, Iupay, etc.) that are applicable to the User.

• Once payment has been correctly submitted the User will receive an informative email and another email confirming the essential conditions of the sales contract:

• Contracted services, and a description of the provision itself.

• Products sent to the address provided by the User:

Aire reserves the right to cancel payments or orders in the event that there are signs of a fraudulent transaction. In such cases, it will inform the competent authorities of said conduct in the hope that an investigation (if warranted) will prevent fraud.

25. The return of defective, damaged or incorrect products, or exercising the right to cancel.

The purchase and/or contracting of any product or service offered by Aire via this website will have a return time of 14 calendar days from the date of purchase before cancellation is possible. For this to be fulfilled, the desire to cancel the contracting must be communicated in a reliable manner within the indicated maximum time frame. The proof of purchase must also be presented or sent, along with the acquired receipt or complete gift box in its case. The return will not be valid 15 calendar days after the date of purchase.

We remind you that when exercising your right to cancel, you will be reimbursed for the product(s) purchased, including the full amount of the purchase, and, if applicable, delivery costs in the sum of the least expensive delivery method. In addition, if you opted for home pickup, the cost of the collection itself will be borne by the customer.

In exercising the right to cancelation, no items may be returned if they are a customized product, do not have their original packaging intact and are unsealed. In this sense, we will not accept the return of any products that show that protective film of the box or wrapping has been manipulated in some way. Should this happen, the value of the item will suffer a similar devaluation.

This provision does not affect the consumer’s rights as recognized by current legislation. For cases where, upon delivery, you think that the product does not conform to the one stipulated in the contract, is damaged during shipment, or is incorrect, you will need to contact us immediately via our contact form, providing the product information as well as details on the damage it suffered. Alternatively, you can call +1 917-563-4542 during the customer service hours provided in this agreement’s Customer Service section.

Once the return request has been examined and the appropriate verifications have been carried out, we will proceed to collect the product at the place of delivery before sending a confirmation email.

We will proceed to carefully examine the returned product and within a reasonable time frame will notify you via email if it should be returned or replaced (if applicable). The return or replacement of the item will take place as soon as possible and, in any case, within 15 calendar days after we send you an email confirming that the return or replacement of the non-conforming item will proceed. The amounts paid for those products that are returned due to a proven fault or defect will be refunded in full, including the costs incurred for delivering the item. The refund will be made via the same payment method that was used to make the purchase.

The rights recognized by the current legislation are not affected. If you received the wrong order, please call Customer Service at +1 917-563-4542 or send an email to nytribeca@beaire.com. We will be happy to assist you in correcting the error.

The right to cancelation does not apply to the delivery of products whose features may have been altered.

26. Exceptions to the right to cancellation

The right to cancellation does not apply to the delivery of Products with features that have clearly been altered.

27. Customer service: Help, Suggestions and Complaints

At any time, you can contact our Customer Service Department to ask for help, make a suggestion or submit a complaint by writing to nytribeca@beaire.com or by calling +1 917-563-4542 between 09:00 to 20:00, Monday through Friday.

28. Provider rights

• To maintain, modify or suspend its website without prior notice
• To change offer prices
• To reject orders due to inventory shortage or non-payment by the customer

• To reject customer access to computer applications in the event of non-compliance with these conditions
• To receive the amount paid by the customer, given that there’s a transaction
• To reserve the right to own and retain full ownership of an item until it is paid in full by the customer
• To not reproduce, alienate or dispose of the information published by the Provider in all its contents without the express permission of the company itself.
• To proceed to correct or rectify errors made by humans or computers

29. Limitation of liability

All the information provided by the User to the Provider via the corresponding forms must be truth. It is the User's responsibility to duly update the data supplied to the Provider. In any case, the Provider is exempted from any liability for damages resulting from the user having provided false, insufficient, inaccurate or incorrect information.

Access to the website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and currentness of the information provided by the User via the corresponding forms.

In relation to customer activity on our website, for the avoidance of any doubt, the Provider shall not in any case be liable to the parents, guardians or legal representatives of any minors (those under the age of 18 years old) or legally incompetent persons with respect to authorising access, providing personal information, use of or contracting any products or services offered through the applications or the website. It will be the responsibility of the aforementioned parents, guardians or legal representatives to supervise access and use of the applications or the website.

A User’s access to the content does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have a harmful effect on the User's computer equipment. In any case, it is up to the User to have the necessary tools to detect said viruses or harmful computer elements. Consequently, the provider shall not be liable for any possible damage to User or third-party computer equipment when accessing content.

The Provider shall not take responsibility for any interruptions in electrical or telecommunications services that prevent users from using the offered services.

Applicable Law and Jurisdiction

These terms and conditions shall be governed or interpreted in accordance with the laws of the State of New York in matters that are not expressly established herein. The provider and the user agree to submit any controversy that may arise from providing the products or services subject to these conditions to the courts and tribunals of the user's domicile.