Terms & Conditions

This contractual document will govern the contracting of accommodation, boats and private jets and concierge reservations through the website ibizabyday.com, property of IBIZABYDAY LUXURY REAL ESTATE SL, under the trademark of IBIZA BY DAY, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER
to read them periodically, since those that are in force at the time of placing orders will be applicable.

Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• Has read, understands and comprehends what is set out here.
• Is a person with sufficient capacity to contract.
• Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible and is aware of the current legislation of the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation, boats and private jets reservation service and concierge contracted by the USER is IBIZABYDAY LUXURY REAL ESTATE SL, with registered office at Calle D ́Alhaueth SN, EDF Acutic Parc 3 Local 1 Botafoch, 07800 Ibiza (ILLES BALEARS), NIF B72505480 and customer service/USER telephone number 620310041.

And on the other hand, the USER, registered on the website using a username and password, for which they have full responsibility for use and custody, and is responsible for the veracity of the personal data provided to IBIZA BY DAY.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time when the latter accepts, during the online contracting process, the rental of properties for temporary or annual or holiday accommodation, boats and private jets and concierge.

The contractual relationship for the reservation of accommodation entails the rental of the chosen property, for a limited time, in exchange for a price determined and publicly displayed through the website. Extra services must be contracted at the time of making the reservation.

Contracting procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and Organic Law 3/2018, of December 5 (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to inform IBIZA BY DAY of the loss or theft of them or of possible access by an unauthorized third party, so that it proceeds to immediately block them.

Once the user account has been created, please be advised that in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Activation of reservations.
3. Right of withdrawal (cancellations).
4. Claims and resolution of online disputes.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. 13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, making a reservation with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER will inform the USER in advance of the procedure to follow to make the reservation for the trip.

The automatic system for calculating availability and prices allows the USER to choose the apartment or house that interests them and immediately make the online payment of 50% of the rental price or, failing that, they can make a bank transfer within a maximum period of 48 hours.

The PROVIDER will not reserve the accommodation until it has verified that payment has been made. Once payment is verified, the PROVIDER will contact the USER by email to confirm the reservation. This term is understood as long as availability has been confirmed.

Deposits

IBIZA BY DAY has three types of deposit ranging from €2000 to €20000.

The payment of the deposit will be made in cash by transfer or card before entering the accommodation. Upon departure from the accommodation, after inspection, the amount will also be returned by bank transfer after 7 days.

In the event of damage to the accommodation, the amount will be deducted from the deposit.

Failure to execute the distance contract

In the event that the contract cannot be executed because the accommodation is not available within the 30-day period, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount owed, without prejudice to his right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the activation of the service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

3. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://ibizabyday.com/formulario- solicitud-desistimiento.pdf

The USER has the same rights and deadlines to proceed with the cancellation and/or claim any defects or flaws that the reservation may present, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a refund number using the form provided for this purpose, or by email to eva@ibizabyday.com, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalized for the following reasons:

– If the reservation is cancelled before 30 days before the arrival date, the PROVIDER may refund the client 50% of their reservation depending on each villa or property according to the clauses.

– If the reservation is cancelled after 30 days before the arrival date, the total amount of the reservation (100%) will not be refunded.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be dealt with as soon as possible and can be made at the following contact addresses:

Ibizabyday Luxury Real Estate SL
Carrer de s’Illa Plana 9, Local 2 Ibiza
Telephone: 620310041
E-mail: info@ibizabyday.com
CIF: B72505480

If during the rental period any breakdown occurs in the installations or electrical appliances, the USER must immediately notify the PROVIDER to resolve these incidents as soon as possible.

In the event of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. In the event of no accommodation being available, the PROVIDER will refund the full amount paid.

Online Dispute Resolution

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of disputes between the USER and IBIZA BY DAY, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Compliance with the obligation shall be delayed until the event of force majeure ceases.

COVID-19: If due to mobility restrictions or another reason relating to the rules consolidated in the COVID-19 code the USER cannot travel to the reserved accommodation, he/she will have the possibility of using his/her reservation on a new date proposed by the PROVIDER.

6. JURISDICTION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted.

If any stipulation of these conditions were considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7. GENERAL INFORMATION ABOUT THE OFFER

The details of each reservation, such as accommodation and food plan, are provided to the USER in their respective description on the website.

All sales and deliveries made by IBIZA BY DAY shall be deemed to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of IBIZA BY DAY or stipulated herein shall have any effect, except by express agreement in writing signed by IBIZA BY DAY, in which case, these particular agreements shall prevail.

Given the continuous technical advances and product improvements, IBIZA BY DAY reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the services offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.

Check-in and check-out

Check-in and check-out of the accommodations are on Saturdays depending on the villa.

Check-in: The key collection time is from 16:00 to 20:00 at our offices at Calle D’Alhaueth SN, EDF Acutic Parc 3 Local 1 Botafoch, 07800 Ibiza (ILLES BALEARS).

• Before 16:00 the accommodation will not be available.
• If you arrive earlier, you can call by phone and leave your
  luggage at the agency.
• For arrivals from 20:30 to 24:00, there will be an
  additional cost of €150.00.

Upon arrival at the agency and in accordance with current legislation, the USER must hand over the reservation form and all occupants of the accommodation will be identified.

The USER will then sign a rental contract and pay the remaining 50% of the rent plus €20.00 in management fees and the Tourist Tax of €0.50 per day of stay and person over 16 years of age, with a maximum of 7 days. (Law 5/2012 of 20/3/12. D.O.G.C. No. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. The deposit will always be in cash.

The accommodation is delivered clean and with all kitchen utensils and equipment. Bath towels and sheets per person are included in the rental price.

Departures: The check-out time for the accommodation is from 8:00 to 12:00. A person from the agency will appear at the accommodation at the agreed time to check the condition of the apartment, collect the keys and return your deposit once it has been checked in the following days that there is no hidden damage.

At the agreed time of departure from the accommodation, tenants must be prepared and with their bags packed and the apartment tidy and clean.

Extra services

If the USER is interested in hiring an extra service, they must do so at the time of booking:

Cleaning

€20 per hour for each cleaner

Cot

• The rental of the cot is €60.00.

Baby chair

• The rental of the baby chair is €45.00

Folding bed

• The rental of an extra bed is €70.00

There are accommodations where pets are allowed, for their authorization, IBIZA BY DAY must be informed at the time of booking.

Customer responsibilities

– The USER agrees to respect the Community regulations. During the hours of rest from 10:00 p.m. to 9:00 a.m., it is not permitted to use the accommodations for party celebrations, or to make noise. Under no circumstances is it permitted to occupy the accommodation by more people than those established in its maximum capacity.

– The use of electricity and water must be rational.

– It is prohibited to hang towels and clothes on the balcony railings.

– The pool hours are set by each Community and are generally from 10:00 to 21:00. It is forbidden to stick objects such as parasols, awnings, etc. into the grass, as well as to use inflatable mattresses in the pool.

– Children must always be accompanied by their parents and under their responsibility.

– The USER is responsible for the correct behaviour of all their fellow reservation members; otherwise, the PROVIDER reserves the right to expel the occupants of the accommodation, without the right to future claims or any type of compensation.

– Neither IBIZA BY DAY nor the owner will be responsible for any direct or indirect damage that may be caused as a result of the misuse of the accommodation, including without limitation: damage, loss after fire, theft, crime, accidents or other types of damage.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each reservation do not include Value Added Tax (VAT). These prices, unless otherwise expressly stated, do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services and annexes to the purchased service.

The prices applicable to each property are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the services may vary in real time. Prices may change daily until the reservation is made.

Any payment made to IBIZA BY DAY entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that he/she has provided at the time of placing the order. This invoice will be delivered to the USER when the rental ends and payment for the contracted services is made. The invoice can be downloaded in the following format PDF by accessing the website management panel with the user account. If you wish to receive it by email, you must request it through any of the means that the PROVIDER makes available to you, informing you that you can revoke this decision at any time.

For any information about the reservation, the USER may contact IBIZA BY DAY’s customer service phone number 620310041 or via email to the address eva@ibizabyday.com.

9. SHIPPING COSTS

150€

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and enables the following methods to make the payment of an order:

• Bank transfer
• Pay Pal
• Credit card: payment by card will not be accepted if it exceeds TBD €

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card(s).

11. PURCHASE PROCESS

The website has a search system by different parameters to facilitate the choice of accommodation. Types of reservations:

• Reservation with immediate confirmation: Minimum price of the service stipulated on the website. You can make the reservation online and add the extra services that suit you.
• Price not available: In the event that the price of the service is not available, the USER will be informed as soon as possible, by email or telephone.

Select the check-in and check-out dates, the number of people staying (adults and children) and the extra services chosen and add to the basket. In this, only the selected services, the quantity, the price and the total amount will be seen. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the data entered.

Baskets have no administrative link, they are only a section where a budget can be simulated without any commitment on either side.

From the basket, an order can be placed by following the steps below for its correct formalization:

1. – Checking the billing data.
2. – Checking the reservation (dates, services…). 3. – Selecting the payment method.
4. – Placing the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order has been placed.

Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the reservation, as well as all relevant information.

From the Online Reservation section, you can consult the description and characteristics of the accommodation, the included services, the optional services (extras) and the specific conditions of each property.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or for any reason unenforceable, this condition will be considered separable and will not affect the validity and applicability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

The guarantee of the services offered shall respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

Conformity of the services with the contract

1. Unless proven otherwise, the services will be deemed to be in accordance with the contract provided that they meet all the requirements set out below, unless due to the circumstances of the case, any of them are not applicable:

a) They conform to the description made by IBIZA BY DAY.

b) They are suitable for the uses for which services of the same type are ordinarily intended.

c) They are suitable for any special use required by the USER, when this has been made known to IBIZA BY DAY at the time of entering into the contract, provided that the latter has accepted that the service is suitable for this use.

d) They present the usual quality and performance of a service of the same type that the client may reasonably expect, taking into account the nature of this and, where applicable, the descriptions of the specific characteristics of the services made by IBIZA BY DAY.

e) IBIZA BY DAY describes the details, technical characteristics and photographs of the properties provided by the owners of the same, so that it is not bound by these public statements.

2. The lack of conformity resulting from a service not performed or provided will be equivalent to the lack of conformity of the contract, provided that the responsibility for the same falls on IBIZA BY DAY or under its responsibility; on the contrary, when the service not performed or provided is due to negligence or bad practice of the USER, it will not be considered a fault of IBIZA BY DAY and will be considered in accordance with the terms of the contract.

3. There will be no liability for lack of conformity that the USER knows or could not have ignored at the time of entering into the contract or that has its origin in information provided by the USER.

Liability of IBIZA BY DAY

The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. IBIZA BY DAY recognizes the USER’s right to repair the service, to replace it, to reduce the price and to terminate the contract.

Repair and replacement of the accommodation service

1. If the accommodation service does not comply with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER informs IBIZA BY DAY of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions in cases where the repair or replacement fails to bring the service into compliance with the contract.

2. Any form of compensation that imposes costs on IBIZA BY DAY that, compared to the other form of compensation, are not reasonable, taking into account the value that the service would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of compensation could be carried out without major inconvenience for the USER, will be considered disproportionate.

Repair and replacement will be subject to the following rules:

– The USER will be free of charge for the necessary expenses incurred to remedy the lack of conformity of the contracted services.

– They will be carried out within a reasonable period of time and without major inconvenience to the USER, taking into account the nature of the services and the purpose they had for the USER.

– If after the repair has been completed and the property has been delivered, it is still not in compliance with the contract, the USER may demand its replacement, a price reduction or termination of the contract.

– If the replacement does not bring the property into compliance with the contract, the USER may demand its repair, a price reduction or termination of the contract.

Price reduction and termination of the contract

The price reduction and the termination of the contract will proceed, at the discretion of the USER, when the latter cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable period or without major inconvenience for the USER.

The termination will not proceed when the lack of conformity is of little importance.

Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, delivery is deemed to have taken place on the day indicated in the reservation.

The USER must inform IBIZA BY DAY of the lack of conformity at the time he or she became aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, it will be understood that the USER’s communication has taken place within the established period.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly established. IBIZA BY DAY and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice. For more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these Conditions.