Booking conditions

GENERAL TERMS AND CONDITIONS OF CONTRACT

This contractual document will govern the booking of accommodation reservations through the website apartibiza.com, owned by APART IBIZA TUR SA, trading under the brand APARTAMENTOS EBUSUS, hereinafter referred to as the PROVIDER. The contact details of the PROVIDER are also listed in the Legal Notice of this Website.

These Terms will remain posted on the website for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders will apply.

Contracts will not be subject to any formality except for those 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 agrees with what is stated herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations stated herein.

These conditions will have an indefinite validity period and will apply to all bookings made through the PROVIDER’s website.

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

Identity of the contracting parties

On one hand, the PROVIDER of the accommodation booking service contracted by the USER is APART IBIZA TUR SA, with registered office at Calle Pedro Frances, Nº15/17 7800 Ibiza Balearic Islands, VAT number A07077407, and customer/USER service phone 971336172.

And on the other hand, the USER, registered on the website with a username and password, for which they are fully responsible for use and custody, and is responsible for the accuracy of the personal data provided to APARTAMENTOS EBUSUS.

Object of the contract

This contract aims to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online booking process, the rental of real estate for temporary accommodation.

The contractual accommodation reservation relationship involves renting the chosen property for a limited time, in exchange for a specified price publicly displayed on the website. Extra services must be booked at the time of reservation.

Contracting procedure

The USER, to access the services or products offered by the PROVIDER, must be of legal age and register on the website by creating a user account. Therefore, the USER must provide personal data voluntarily and freely, which will be processed in accordance with 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 choose a username and password, committing to use them diligently and not to make them available to third parties, as well as to inform APARTAMENTOS EBUSUS of their loss or theft or possible unauthorized access by a third party, so that it proceeds to their immediate blocking.

Once the user account has been created, it is informed that, as required by 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. Online dispute resolution.
5. Force majeure.
6. Competence.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Transport costs.
10. Payment method, expenses, and discounts.
11. Purchase process.
12. Disassociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

 

  1. GENERAL CONTRACTING CLAUSES

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

  1. RESERVATION ACTIVATION AND PAYMENT

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

The automatic availability and price calculation system allows the USER to choose the apartment or house of interest and immediately make the online payment of 40% of the rental price or, alternatively, 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 by email to confirm the reservation. This term is understood to mean that availability has been confirmed.

Deposits

APARTAMENTOS EBUSUS has three types of deposits ranging from €200 to €500. In the event that the tenants are a group of young people, they must pay €50 per person with a minimum of €250.

The deposit payment will be made in cash at the time of accessing the accommodation. Upon departure from the accommodation, after inspection, it will also be returned in cash.

In case of damages to the accommodation, they will be deducted from said deposit.

Failure to execute the distance contract

If unable to execute the contract because the accommodation is not available within the stipulated 30 days, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a full refund without any cost, and without this implying any liability for damages attributable to the PROVIDER.

In case of unjustified delay by the PROVIDER in returning the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

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

  1. CANCELLATIONS (right of withdrawal)

Withdrawal form: https://apartibiza.com/wp-content/uploads/2024/04/APART_IBIZA_TUR_SA_E-COMMERCE_Formulario_de_solicitud_de_DESISTIMIENTO.pdf

The USER has the same rights and deadlines to proceed with cancellation and/or claim any defects or faults in the reservation, both online and offline.

Any cancellation must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to ebusus@apartibiza.com, indicating the corresponding invoice or reservation number. In case of refund, the USER may be penalized for the concepts indicated below:
– If the reservation is canceled more than 30 days prior to the arrival date, the PROVIDER will refund the customer 50% of their reservation.

If the reservation is canceled within 30 days prior to the arrival date, the total amount of the reservation (100%) will not be refunded.

  1. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be addressed as soon as possible and can be made at the following contact addresses:
APARTAMENTOS EBUSUS
Calle Pedro Frances, Nº15/17 7800 Ibiza Balearic Islands
Phone: 971336172
Email: ebusus@apartibiza.com

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

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. If there is no availability of accommodations, the PROVIDER will refund the total amount paid.

Online Dispute Resolution (Online Dispute Resolution)

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

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

  1. FORCE MAJEURE

Neither party will incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.
COVID-19: If due to mobility restrictions or any other reason related to the rules consolidated in the COVID-19 code, the USER cannot travel to the reserved accommodation, they will have the possibility to use their reservation until ……………… or a new date proposed by the PROVIDER.

  1. JURISDICTION

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted.
If any stipulation of these conditions is 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, understood, and accepted these General Conditions in their entirety.

  1. GENERAL TERMS OF THE OFFER

The details of each reservation, such as accommodation and meal plan, are provided to the USER in their respective description on the website.
All sales and deliveries made by APARTAMENTOS EBUSUS are understood to be subject to these General Conditions.

No modification, alteration, or agreement contrary to APARTAMENTOS EBUSUS’s Commercial Proposal or stipulated here will have effect, unless expressly agreed in writing and signed by APARTAMENTOS EBUSUS, in which case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, APARTAMENTOS EBUSUS reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications will also be valid in case, for any reason, the possibility of supplying the offered services is affected.

Check-in and Check-out

Check-ins and check-outs for accommodations are on Saturdays.

Check-ins: The key collection schedule is from 17:00 to 20:00 at our offices located at Calle Pedro Frances, Nº15/17 7800 Ibiza Balearic Islands.

  • Before 17:00, the accommodation will not be available.
  • If you arrive earlier, you can call and leave your luggage at the agency.
  • For arrivals from 20:30 to 24:00, there will be an additional cost of €70.00.
  • No arrivals will be accepted after 24:00; these will be postponed until 8:00 a.m. the following day.

Upon arrival at the agency and in accordance with current legislation, the USER must provide the booking sheet and all occupants of the accommodation will be identified.
Subsequently, the USER will sign a rental agreement and pay the remaining 60% of the rent plus €20.00 management fees and the tourist tax of €0.50 per day of stay and person over 16 years old, 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 security deposit. You can pay by credit card or cash. The security deposit will always be in cash.

The accommodation will be delivered clean and with all kitchen utensils and cookware. Bath towels and bed sheets per person are included in the rental price.

Check-outs: Check-out time for accommodations is from 8:00 to 10:00. A representative from the agency will arrive at the accommodation at the agreed time to check the condition of the apartment, collect the keys, and return your security deposit.

At the agreed check-out time, tenants must be ready with their luggage packed and the apartment cleaned and tidy.

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

Cleaning

  • 1-bedroom accommodations: €50.00
  • 2-bedroom accommodations: €60.00
  • 3-bedroom accommodations: €70.00
  • 4-bedroom accommodations: €80.00
  • Private house (semi-detached): €110.00
  • Individual villa: €160.00

Crib

  • Rental of the crib is €60.00.

Baby chair

  • Rental of the baby chair is €45.00

Folding bed

  • Rental of an extra bed is €70.00

There are accommodations where pets are allowed; for authorization, APARTAMENTOS EBUSUS must be informed at the time of booking.
Customer Responsibilities

  • The USER agrees to comply with the Community regulations. During rest hours from 22:00 to 9:00, using the accommodations for party celebrations or making noise is not allowed. Under no circumstances should the accommodation be occupied by more people than its maximum capacity allows.
  • Electricity and water usage should be rational.
  • Hanging towels and clothes on the balcony railings is prohibited.
  • The pool hours are determined by each Community and generally run from 10:00 to 21:00. It is forbidden to stake objects like umbrellas, awnings, etc., into the lawn, as well as using inflatable mattresses inside the pool.
  • Children must always be accompanied by their parents and are under their responsibility.
  • The USER is responsible for the correct behavior of all their booking companions; otherwise, the PROVIDER reserves the right to expel the occupants from the accommodation, without the right to future claims or any type of compensation.
  • Neither APARTAMENTOS EBUSUS nor the owner will be responsible for any direct or indirect damage that may occur due to the misuse of the accommodation, including, but not limited to: damages, losses after fires, thefts, crimes, accidents, or other types of damages.
  1. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each booking include the Value Added Tax (VAT). Unless expressly stated otherwise, these prices do not include tourist taxes, travel insurance, shipping costs, handling, packaging, or any other additional services related 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 valuation of some services may vary in real-time. Prices can change daily until the reservation is made.

Any payment made to APARTAMENTOS EBUSUS results in the issuance of an invoice with consent (art. 63.3 RD 1/2007) in the name of the registered USER or the business name provided at the time of placing the order. This invoice will be delivered to the USER when the rental ends and the payment for the contracted services is made. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER, being informed that they can revoke this decision at any time.

For any information about the booking, the USER can contact APARTAMENTOS EBUSUS customer service phone at 971336172 or via email at ebusus@apartibiza.com.

  1. TRANSPORT COSTS

There are no transport costs.

  1. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following payment methods for placing an order:

  • Bank transfer
  • PayPal
  • Credit card: Payment by card will not be accepted if it exceeds …. €

Security Measures

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

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

The following activities are prohibited under the card brand programs: selling or offering a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.

  1. PURCHASE PROCESS

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

  • Booking with immediate confirmation: Minimum service price stipulated on the website. The booking can be made online, adding any additional services as required.
  • Price not available: In case the service price is not available, the USER will be informed as soon as possible, by email or phone.

Select the entry and exit dates, the number of guests (adults and children), and the chosen additional services, and add to the basket. In it, only the selected services, quantity, price, and total amount will be observed. Once the basket is saved, taxes, charges, and discounts will be calculated according to the entered data.

Baskets have no administrative link; it’s just a section where a budget can be simulated without any commitment from either party.

From the basket, an order can be placed following the next steps for its proper formalization:

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

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

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

From the “Online Booking” section, the description and characteristics of the accommodation, the included services, the optional services (extras), and the specific conditions of each property can be consulted.

  1. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed illegal, null, or for any reason unenforceable, this condition will be considered separate and will not affect the validity and enforceability of any 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 follows any of the obligations established in this document or any legal provision, license, regulation, directive, code of practices, or applicable usage policies.

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

  1. WARRANTIES AND RETURNS

The warranty of the services offered will 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 services with the contract

  1. Unless proven otherwise, it will be understood that the services are in conformity with the contract as long as they meet all the requirements set forth below, unless due to the circumstances of the case, any of them is not applicable:
  2. a) They conform to the description made by APARTAMENTOS EBUSUS.
    b) They are suitable for the uses for which services of the same type are normally intended.
    c) They are suitable for any special use required by the USER, when they have informed APARTAMENTOS EBUSUS at the time of contracting, provided that the latter has admitted 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 USER can reasonably expect, given the nature of it and, where appropriate, the descriptions of the specific characteristics of the services made by APARTAMENTOS EBUSUS.
    e) APARTAMENTOS EBUSUS describes the details, technical characteristics, and photographs of the properties provided by their owners, so it is not bound by these public statements.
  3. The lack of conformity resulting from a service not performed or provided will be equated with the lack of conformity of the contract, as long as its responsibility lies with APARTAMENTOS EBUSUS or under its responsibility; on the contrary, when the non-performance or provision of the service is due to negligence or bad practice by the USER, there will be no fault of APARTAMENTOS EBUSUS, and the terms of the contract will be considered compliant.
  4. There will be no liability for non-conformities that the USER knew or could not have ignored at the time of contracting or that originate from information provided by the USER.

Responsibility of APARTAMENTOS EBUSUS

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivering the accommodation. APARTAMENTOS EBUSUS recognizes the USER’s right to repair the service, its replacement, a price reduction, and the termination of the contract.

Repair and replacement of accommodation service

  1. If the accommodation service is not in conformity with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates to APARTAMENTOS EBUSUS the chosen option, both parties must comply. This USER’s decision is without prejudice to what is stipulated in cases where repair or replacement fails to bring the service into conformity with the contract.
  2. Any form of rectification that imposes costs on APARTAMENTOS EBUSUS that are unreasonable compared to the other form of rectification, taking into account the value the service would have had if there had been no lack of conformity, the significance of the lack of conformity, and if the alternative form of rectification could be carried out without significant inconvenience to the USER, will be considered disproportionate.

The repair and replacement will adhere to the following rules:

  • The necessary expenses made to remedy the lack of conformity of the contracted services will be free of charge for the USER.
  • They will be carried out within a reasonable time and without significant inconvenience for the USER, taking into account the nature of the services and their purpose for the USER.
  • If, after the repair and delivery of the property, it continues to be non-conforming with the contract, the USER may demand its replacement, a price reduction, or the termination of the contract.
  • If the replacement does not bring the property into conformity with the contract, the USER may demand its repair, a price reduction, or the termination of the contract.

Price reduction and contract termination

A price reduction and contract termination will proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without significant inconvenience for the USER.

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

Criteria for price reduction

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

Deadlines

Unless proven otherwise, the delivery is understood to be made on the day indicated in the reservation.

The USER must inform APARTAMENTOS EBUSUS of the lack of conformity at the moment they become aware of it or, at the latest, at the end of their stay.

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

  1. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in those matters not expressly established. APARTAMENTOS EBUSUS and the USER agree to submit any disputes that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.

In the event that the USER resides 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 needing to resort to the courts. For more information, consult the “4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION” clause of these Conditions.

E-COMMERCE (INFO). Information about COMPLAINT SHEETS

Information on Complaint Forms in the General Contractual Conditions

Professionals or companies engaged in distance selling, such as e-commerce among others, that do not have establishments or premises open to the public but operate within certain autonomous communities, must have complaint forms available and are obligated to inform consumers of their existence and how to access them.

Although we recommend checking the regulations of each Autonomous Community on this matter, you can consult the legislation on Complaint Forms by Autonomous Communities on the following link from the Ministry of Consumption’s website:

www.consumo.gob.es/es/consumo/hojas-de-reclamaciones

Therefore, we recommend that E-COMMERCE platforms whose owners operate in any of these Autonomous Communities requiring information about the availability of Complaint Forms for users or consumers include this information in section 4 of the complaint forms in the general contractual conditions, an example of how to meet this obligation could be the following wording:

“4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

APART IBIZA TUR SA informs that it has Complaint Forms available for users or consumers who request them. They can access them by requesting them through any of the contact details provided below; even if not through a Complaint Form, any complaint that the user or consumer deems appropriate will be addressed as soon as possible at any of the following contact details of APART IBIZA TUR SA:

Postal: APART IBIZA TUR SA, Calle Pedro Frances, Nº15/17, – 07800 Ibiza (Illes Balears)
Phone: 971336172
E-mail: ebusus@apartibiza.com

Online Dispute Resolution (Online Dispute Resolution)

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

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