GENERAL TERMS AND CONDITIONS
contractual document will govern the General Conditions for contracting services (hereinafter, «Conditions») through the
website booking2ibiza.com, owned by INPRITUSA SA under the trademark INPRITUSA
SA, hereinafter, PROVIDER, whose contact details also appear in the Legal
Notice of this Website.
Conditions will remain published on the website at the disposal of the USER to
reproduce them and keep 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 in force at the time of placing orders will
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.
this document implies that the USER:
read and understood the above.
a person with sufficient capacity to enter into contract.
all the obligations set forth herein.
conditions will be valid indefinitely and applicable to all orders submitted
through the PROVIDER’s website.
PROVIDER informs that the business is liable and understands the current laws
and reserves the right to unilaterally modify the conditions, without affecting
the terms and conditions implemented prior to the modification.
Identity of the
part, the PROVIDER of the services
contracted by the USER, INPRITUSA SA, whose registered address is at Calle
Flamenc, Nº20, - 07817 Sant Jordi de Ses Salines (Illes Balears), TIN A57034464
and telephone number for customer/USER service 640322448.
And on the
other part, the USER, registered on the website by means of a user name and password, who is fully liable for
the use and safeguarding of which and for the truthfulness of the personal data
submitted to the PROVIDER.
Purpose of the
of this contract is to regulate the contractual trade relationship between the
PROVIDER and the USER, which arises when the USER accepts by ticking the
corresponding box during the online contracting process.
contractual trade relationship involves the delivery of a specific service, in exchange for a certain price
which is publicly displayed on the website.
in order to access the services offered by the PROVIDER, must be an adult and register on the website by creating
a user account. For this reason, the USER must freely and voluntarily
provide the personal data required, which will be processed in accordance with
the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the
protection of individuals with regard to the processing of personal data and
the free movement of such data and the Organic Law 3/2018 of 5 December
(LOPDGDD) on the protection of personal data as detailed in the Legal Notice
The USER selects a user name and password, committing to
use them diligently and to not make them available to third parties, as well as
to inform the PROVIDER of their loss or theft or possible access by an
unauthorised third party, so that the PROVIDER can proceed to immediately block
user account has been created, we inform you that, in accordance with the
requirements of Article 27 of Spanish Law 34/2002 on Services of the
Information Society and E-Commerce (LSSICE), the following steps will be
followed during the contracting procedure:
2. Activation of services.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING
otherwise stipulated in writing, placing an order with the PROVIDER shall imply
the acceptance by the USER of these legal terms and conditions. No stipulation
made by the USER may differ from those made by the PROVIDER unless expressly
accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF
PROVIDER will not activate any service until it has been verified that payment
has been made.
order does not involve the physical delivery of any
product, but rather a service downloaded or activated directly from the
website, the PROVIDER will inform the USER in advance on the steps to take to
perform this download or activation.
to carry out the remote contract
the case of the provision of a service, it will be available from the moment
the USER has paid for it and will be downloadable or activated according to the
conditions of the PROVIDER
the event that the contract does not involve the physical delivery of a
product, but a download activation on a website, the PROVIDER will inform the
USER in advance of the procedure to be followed in order to download the
the event of not being able to execute the contract because the contracted
service is not available on time, the USER will be informed of the lack of
availability and will be entitled to cancel the order and receive a refund of
the total amount paid at no cost, and without any liability for damages
attributable to the PROVIDER.
event of unjustified delay by the PROVIDER with respect to the refund of the
total amount, the USER may claim payment of double the amount due, without
prejudice to their right to be compensated for damages suffered beyond that
PROVIDER will not accept any liability if the download or the activation of the
service is not fulfilled because of false, inaccurate or incomplete information
provided by the USER.
will be considered as provided when the USER has downloaded or activated it.
3. RIGHT OF WITHDRAWAL
: https://booking2ibiza.com /withdrawal-form.pdf
has a period of fourteen calendar days from the date of downloading or
activation of the service or from the conclusion of the purchase contract to
exercise the right of withdrawal. If the PROVIDER does not comply with the duty
to provide information and documentation on the right of withdrawal, the period
for its exercise will end twelve months after the date of expiry of the initial
withdrawal period (article 71 of Law 3/2014 of 27 March).
of withdrawal shall not apply in the following cases:
1. In the
case of software applications that are directly downloaded through the portal
or unsealed by the USER after their physical delivery.
2. In the
provision of services, once the service has been completely executed, when the
execution has begun, with the previous express consent of the PROVIDER and USER
and with their acknowledgement that they are aware that, once the contract has
been completely executed by the PROVIDER, they will have lost their right of
3. In the
downloading or activation of the service whose price depends on fluctuations in
the financial market which the PROVIDER cannot control and which may occur
during the withdrawal period.
4. In the
provision of services made according to the specifications of the USER or
5. In the
provision of housing services for purposes other than housing, transport of
goods, car rental, catering or services related to leisure activities, if the
contracts provide for a specific date or period of execution.
supply of sealed goods which are not suitable for return for reasons of health
protection or hygiene and which have been unsealed after delivery.
supply of goods which after delivery and taking into account their nature have
become inseparably mixed with other goods.
Contracts where the consumer and user has specifically requested the trader to
visit them for urgent repairs or maintenance; during this visit, the trader
provides services in addition to those specifically requested by the consumer
or supplies goods other than the spare parts necessarily used to carry out the
maintenance or repair. The withdrawal shall apply to such additional services
PROVIDER must be informed of any return, with the request for a return number
through the form provided for this purpose, or by emailing
firstname.lastname@example.org, indicating the corresponding invoice number or order
event that the return is not made with the original delivery packaging, the
PROVIDER may charge the cost of the same to the USER by previously informing
them through the same communication channel used.
4. ONLINE CLAIMS AND
complaint that the USER deems appropriate should be dealt with as soon as
possible, and can be made by contacting the following contact addresses:
Postal address: INPRITUSA SA, Calle Flamenc, Nº20, - 07817 Sant Jordi de Ses
Salines (Illes Balears)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European
Commission provides a free online access platform for the resolution of
conflicts between the USER and the PROVIDER, without the need to resort to
courts of law, through the intervention of a third party called the Dispute
Resolution Body, which acts as an intermediary between them. This is a neutral
body which will consult both parties in order 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
shall not be liable for any fault due to any greater cause. Fulfilment of the
obligation shall be delayed until after the end of the case of force majeure.
If due to mobility restrictions or any other reason related to the consolidated
rules in the COVID-19 code, the USER cannot receive the service, the
registration fee will be refunded in full or he/she will have the possibility
to use his/her reservation until ……………… or a new date proposed by the PROVIDER.
may not assign, transfer or transmit the rights, responsibilities and
obligations agreed in the purchase.
If any of
the terms and conditions are considered null or impossible to fulfil, the
validity, legality and fulfilment of the remaining terms and conditions shall
not be affected or modified in any way.
declares to have read, understood and accepted these Conditions in their
7. GENERAL INFORMATION
OF THE OFFER
made by the PROVIDER are subject to these Conditions.
modification, alteration or agreement contrary to the Commercial Proposal of
INPRITUSA SA or stipulated herein shall take effect, unless expressly agreed in
writing and signed by the PROVIDER, in which case, these particular agreements
continuous technical advances and service improvements, the PROVIDER reserves
the right to modify its specifications with respect to the information provided
in its advertisements, as long as it does not affect the value of the services
offered. These changes shall also apply in the event that, for any reason, the
possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF
VALIDITY OF THE OFFER
prices indicated for each service include Value Added Tax (VAT) or any other
These prices, unless expressly stated otherwise, do not include shipping,
communication, handling, packaging, insurance or any other additional services
and attachments to the service purchased.
applicable to each service are those published on the website and shall be
shown in Euros. The USER accepts that the
economic valuation of some of the services may vary in real time.
making a purchase, all the details of the quote can be checked on-line:
services, quantity, price, availability, charges, discounts, taxes and the
total amount of the purchase. Prices may change daily as long as the order has
not been placed.
the order has been placed, prices will be maintained regardless of whether the
service is available.
made to the PROVIDER entails sending an invoice in the name of the registered
USER or of the company name that they indicated while placing the order. This
invoice will be sent in paper format together with the purchased product, as well as in PDF to the e-mail address provided by the
USER, as long as they have given their express consent to do so, informing them
that they may revoke said consent at any time by communicating it to the
PROVIDER by any of the means made available to them.
made to the PROVIDER entails sending an invoice in the name of the registered
USER or of the company name that they indicated while placing the order. This invoice will be delivered in paper format at the
time the service is provided. The invoice can be downloaded in PDF format by
accessing the web management panel with the user account. In the event that the
user wishes to receive it by e-mail, they must request it by any of the means
that the PROVIDER makes available to them, informing them that they may revoke
this decision at any time.
information about the order, the USER may contact the PROVIDER’s customer
service by calling 640322448 or by emailing email@example.com.
9. SHIPPING COSTS
no shipping costs.
10. PAYMENT METHODS,
CHARGES AND DISCOUNTS
PROVIDER is responsible for the economic transactions and accepts the following
payment methods for orders:
USER may use a discount coupon prior to the completion of the purchase if they
have received it from the PROVIDER.
uses generally accepted information security techniques within the industry,
such as SSL, data entered on a secure page, firewalls, access control
procedures and cryptographic mechanisms, with the aim of preventing unauthorised
access to data. To achieve these purposes, the USER agrees that the PROVIDER
will obtain data for the purpose of the corresponding access control
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.
following activities are prohibited by the card brands’ programmes: the sale or
offer of a product or service that does not comply with all laws applicable to
the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
from our catalogue can be added to the basket. In the basket you can only view the selected services, quantity, price and total cost.
Once the basket has been saved, the taxes, charges
and discounts will be calculated according to the details entered.
have no administrative link, it is only a section where you can simulate an
order without any commitment from either party.
steps below to correctly place an order from the basket:
- Confirm billing details.
2. - Check the method of service provision (download, activation...).
3. - Select payment method.
4. - Place your order (buy).
order has been processed, the system instantly
sends an email to the PROVIDER’s management department and another to the
e-mail of the USER confirming that the order has been placed.
a maximum of 24 hours, on working days, an email will be sent to the USER
confirming the status of the order and the approximate date of download and/or
SUSPENSION OR TERMINATION OF THE CONTRACT
If any of
these terms and conditions should be deemed unlawful, void or for any reason
unenforceable, the term in question shall be deemed severable and shall not
affect the validity and enforceability of any remaining terms and conditions.
may, without prior notice, suspend or terminate the USER’s access to its
services and training, in whole or in part, for any valid reason, including,
without limitation, where USER fails to comply with or follow any of the
obligations set forth herein or any applicable provision of law, license,
regulation, directive, code of practice or usage policies.
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
which may be available to the PROVIDER.
13. GUARANTEES AND
guarantee of the services offered will respond to the following articles based
on the Royal Legislative Decree 1/2007, of 16 November, which approves the
revised text of the General Law for the Defence of Consumers and Users and
other complementary laws:
114. General principles.
is obliged to deliver to the consumer and user products which conform to the
contract, and is liable to the consumer and user for any lack of conformity
which exists at the time of delivery of the product.
115. Scope of application.
title covers contracts for the sale of products and contracts for the supply of
products to be produced or manufactured.
2. The provisions
of this Title shall not apply to products purchased through judicial sale, to
water or gas, where they are not packaged for sale in a limited volume or set
quantity, and to electricity. Neither shall it be applicable to second-hand
products acquired at administrative auction which may be attended in person by
consumers and users.
116. Conformity of products with the contract.
there is proof to the contrary, products shall be deemed to conform with the
contract provided that they fulfil all the requirements set out below, unless
the circumstances of the case deem any of them inapplicable:
comply with the description given by the seller and possess the qualities of
the product which the seller has held out to the consumer as a sample or model.
b) They are
fit for the purposes for which such products are usually intended.
c) They are
fit for any special use required by the consumer and user if they have informed
the seller of this when the contract is executed, provided that they have
accepted that the product is fit for such use.
show the quality and performance which are normal in products of the same type
and which the consumer and user can reasonably expect, given the nature of the
product and taking into account any public statements on the specific
characteristics of the products made about them by the seller, the producer or
his representative, particularly in advertising or on labelling. The seller
shall not be bound by such public statements if he proves that he was not aware
and could not reasonably be expected to be aware of the statement in question,
that the statement had been corrected at the time of the conclusion of the
contract or that the statement could not have influenced the decision to
purchase the product.
Non-conformity resulting from incorrect installation of the product will be
deemed equivalent to non-conformity of the product when the installation is
included in the sales or supply contract regulated by Article 115.1 and has
been carried out by the seller or under his responsibility, or by the consumer
and user when the defective installation is due to an error in the installation
liability shall arise for lack of conformity which the consumer or user was
aware of or could not reasonably have been unaware of at the time of conclusion
of the contract or which arises from materials supplied by the consumer and
117. Incompatibility of actions.
exercise of the actions contemplated in this title shall be incompatible with
the exercise of the actions derived from the reorganisation due to hidden
defects in the purchase and sale.
case, the consumer and user will have the right, in accordance with civil and
commercial legislation, to be compensated for damages resulting from the lack
118. Responsibility of the seller and rights of the consumer and user.
consumer and user has the right to have the product repaired, replaced, the
price reduced or the contract terminated, in accordance with the provisions of
119. Repair and replacement of the product.
1. If the
product is not in accordance with the contract, the consumer and user may
choose to demand its repair or replacement, unless one of these options is
objectively impossible or disproportionate. As soon as the consumer and user
informs the seller of the chosen option, both parties must abide by it. The
consumer and user’s decision is without prejudice to the provisions of the
article below, in the event that the repair or replacement fails to bring the
product into compliance with the contract.
2. Any form
of remedy that imposes unreasonable costs on the seller in comparison with the
other form will be considered disproportionate, taking into account the value
the product would have if there were no lack of conformity, the significance of
the lack of conformity and whether the alternative form of remedy could be
carried out without major inconvenience to the consumer and user.
In order to
determine whether the costs are unreasonable, the costs for one form of remedy
must also be considerably higher than the costs for the other form of remedy.
120. Legal regime for the repair or replacement of the product.
replacement shall comply with the following rules:
will be free of charge for the consumer and user. This shall include the
necessary costs incurred in remedying the non-conformity of the products with
the contract, in particular shipping costs, as well as labour and material
shall be completed within a reasonable time and without any significant
inconvenience to the consumer and user, taking account of the nature of the
products and the purpose for which the consumer and user required them.
suspend the time periods referred to in Article 123. The suspension period
shall begin from the time the consumer and user makes the product available to
the seller and shall end with the delivery of the repaired product to the
consumer and user. During the six months following the delivery of the repaired
product, the seller will be liable for the faults that led to the repair, being
presumed to be the same faults when defects of the same origin as those
initially stated are reproduced in the product.
d) If once
the repair has been concluded and the product has been delivered, it still does
not comply with the contract, the consumer and user may demand the replacement
of the product, unless this option is disproportionate, the reduction of the
price or the cancellation of the contract under the terms envisaged in this
suspends the periods referred to in Article 123 from the exercise of the option
by the consumer and user until the delivery of the new product. The second
paragraph of Article 123.1 shall in any case apply to the replacement product.
f) If the
replacement fails to bring the product into conformity with the contract, the
consumer and user may demand that the product be repaired, unless this option
is disproportionate, the reduction of the price or the cancellation of the
contract under the terms provided in this chapter.
consumer and user may not demand substitution in the case of non-fungible
products, or in the case of second-hand products.
121. Price reduction and contract termination.
will be reduced and the contract terminated, at the choice of the consumer or
user, if the latter is unable to demand repair or replacement and if these have
not been carried out within a reasonable time or without major inconvenience
for the consumer and user. The decision shall not apply when the non-conformity
is of minor importance.
according to art. 108.2: The USER is informed that they shall only be liable
for any diminished value of the goods resulting from the handling of the goods
other than what is necessary to establish their nature, characteristics or
functioning. In no case shall they be liable for the diminished value of the
goods if the entrepreneur has not informed them of their right of withdrawal in
accordance with Article 97.1.i).
122. Price reduction criteria.
reduction will be proportional to the difference between the value the product
would have had at the time of delivery had it been in compliance with the
contract and the value of the product actually delivered at the time of
seller shall be liable for any non-conformity which becomes apparent within two
years of delivery. In the case of second-hand products, the seller and the
consumer and user may agree on a shorter period, which may not be less than one
year from delivery.
proved otherwise, any lack of conformity which becomes apparent within six
months of the delivery of the product, whether new or second-hand, shall be
presumed to have existed at the time when the goods were delivered, unless this
presumption is incompatible with the nature of the product or the nature of the
lack of conformity.
proven otherwise, delivery shall be considered to have occurred on the day
indicated on the invoice or purchase ticket, or on the corresponding delivery
note if this is later.
seller is obliged to deliver to the consumer or user who exercises his right to
repair or replacement documentary evidence of the delivery of the product,
stating the date of delivery and the lack of conformity that gives rise to the
exercise of the right.
together with the repaired or replaced product, the seller shall provide the
consumer or user with documentary evidence of the delivery, including the date
of delivery and, where appropriate, the repair carried out.
action to claim compliance with the provisions of chapter II of this title
shall expire after three years from the delivery of the product.
consumer and user must inform the seller of the lack of conformity within two
months of becoming aware of it. Failure to comply with this deadline will not
imply the loss of the right to the corresponding remedy, the consumer and user
being responsible, however, for the damages or losses actually caused by the
delay in communication.
proven otherwise, it shall be understood that the consumer and user has
communicated the non-conformity within the established period.
124. Action against the manufacturer.
If it is
impossible or too inconvenient for the consumer and user to contact the seller
regarding the non-conformity of the products covered by the contract, they may
claim directly from the manufacturer in order to obtain the replacement or
repair of the product.
and without prejudice to the fact that the producer’s liability shall cease,
for the purposes of this title, within the same periods and under the same
conditions as those laid down for the seller, the manufacturer shall be liable
for the lack of conformity when it concerns the origin, identity or suitability
of the products, in accordance with their nature and purpose and with the rules
responded to the consumer and user will have a period of one year to repeat the
complaint against the person responsible for the lack of conformity. This
period is calculated from the time when the problem is remedied.
14. APPLICABLE LAW AND
These conditions shall be governed by or construed in accordance with Spanish
law in respect of matters not expressly set forth herein. The PROVIDER and the
USER agree to submit any dispute that may arise from the provision of the
products or services covered by these Terms and Conditions to the courts and
tribunals of the USER’S place of residence.
the event that the USER is domiciled outside Spain, the PROVIDER and the USER
expressly waive any other forum, submitting 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 law. For
more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these