Introduction

This contract governs the General Terms and Conditions for the provision of services (hereinafter, the “Terms”) via the website www.ibizablackcars.com/, owned by DESARROLLOS E INVERSIONES IBIZA, SL under the trade name IBIZA BLACK CARS (hereinafter, the “Service Provider”), whose contact details are also set out in the Legal Notice on this website. These Terms and Conditions will remain published on the website and available to the USER to view and save as confirmation of the contract; they may be amended at any time by the PROVIDER. It is the USER’s responsibility to review them periodically, as those in force at the time of placing an order shall apply. Contracts shall not be subject to any formalities except in the cases expressly provided for in the Civil and Commercial Codes and in this or other special laws. Acceptance of this document implies that the USER:
– You have read, understood and agreed to the terms set out herein.
– You are legally competent to enter into a contract.
– You accept all the obligations set out herein.

These terms and conditions shall remain in force indefinitely and shall apply to all contracts entered into via the PROVIDER’s website. The PROVIDER hereby states that the business is responsible for and is aware of the applicable legislation, and reserves the right to unilaterally amend these terms and conditions, without this affecting the terms and conditions that were in force prior to the amendment.

Identity of the contracting parties

On the one hand, the PROVIDER of the services contracted by the USER is DESARROLLOS E INVERSIONES IBIZA SL, with its registered office at Calle del Pinsá, No. 5, 07817 San Josep de Sa Talaia (Balearic Islands), Tax ID No. B70898101 and with a customer/USER helpline number 606970687. On the other hand, the USER, who is responsible for the accuracy of the personal data provided to the PROVIDER.

Subject matter of the contract

The purpose of this contract is to govern the contractual relationship for the sale of goods and services established between the SERVICE PROVIDER and the USER at the moment the USER ticks the relevant box during the online booking process. This contractual relationship entails the provision of a specific transport service in exchange for a fixed price, which is publicly displayed on the website.

Recruitment procedure

In order to access the services offered by the PROVIDER, the USER must be of legal age. Accordingly, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website. The contract procedure will follow the steps below:
1. General terms and conditions.
2. Activation of services.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure. 6. Jurisdiction.
7. General terms of the offer.
8. Price and validity period of the offer.
9. Delivery charges.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Termination, suspension or cancellation of the contract.
13. Guarantees and returns.
14. Governing law and jurisdiction.

1. GENERAL TERMS AND CONDITIONS

Unless otherwise specified in writing, placing an order with the SERVICE PROVIDER shall constitute the USER’s acceptance of these terms and conditions. No terms and conditions proposed by the USER may deviate from those of the SERVICE PROVIDER unless they have been expressly accepted in advance and in writing by the SERVICE PROVIDER.

2. SERVICE ACTIVATION

The PROVIDER will not confirm any booking until it has verified that payment has been made.

Failure to perform a distance contract
The contracted service will be provided at the time requested by the USER. If the contract cannot be performed because the contracted service is not available within the agreed timeframe, the USER will be informed of the unavailability and will be entitled to cancel the order and receive a full refund of the amount paid at no cost, without this giving rise to any liability for damages on the part of the PROVIDER. In the event of an unjustified delay by the PROVIDER in refunding the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to compensation for damages suffered in excess of that amount. The PROVIDER shall not be liable if the service is not provided because the details provided by the USER are false, inaccurate or incomplete. The service shall be deemed to have been provided upon the USER’s arrival at their destination.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, starting from the date on which the contract of sale was concluded, to exercise the right of withdrawal, as provided for in Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. This date may never be later than the date on which the transport service is to be provided. If the PROVIDER fails to comply with the duty to provide information and documentation regarding the right of withdrawal, the period for exercising this right shall expire twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007. The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are set out here. All returns must be notified to the PROVIDER by email to desarrolloseinversionesibiza@gmail.com, stating the relevant invoice number, delivery note number or order reference.

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION

Any complaint that the USER deems appropriate will be dealt with as soon as possible and may be submitted via the following contact details: Post: DESARROLLOS E INVERSIONES IBIZA SL, Calle del Pinsá, No. 5, 07817 San Josep de Sa Talaia (Balearic Islands) Telephone: 606970687 Email: desarrolloseinversionesibiza@gmail.com

Online Dispute Resolution (Online Dispute Resolution) In accordance with Article 14.1 of Regulation (EU) No 524/2013, the European Commission provides a free-of-charge platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, known as a dispute resolution body, which acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be held liable for any breach resulting from force majeure. Fulfilment of the obligation shall be deferred until the force majeure event has ceased.

6. COMPETITION

The USER may not assign, transfer or convey the rights, responsibilities and obligations arising from the sale. Should any provision of these terms and conditions be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be subject to any modification. The USER declares that they have read, understood and accepted these Terms and Conditions in their entirety.

7. OVERVIEW OF THE OFFER

All sales made by the PROVIDER shall be deemed to be subject to these Terms and Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of DESARROLLOS E INVERSIONES IBIZA SL or to the provisions set out herein shall be valid, unless expressly agreed in writing and signed by the PROVIDER, in which case such specific agreements shall prevail. Given the continuous technical advances and improvements in services, the SERVICE PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, provided that this does not affect the value of the services offered. These modifications shall also apply in the event that, for any reason, the ability to provide the services offered is affected.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices shown for each service include Value Added Tax (VAT) or any other applicable taxes. The prices applicable to each service are those published on the website and are expressed in euros. The USER acknowledges that the cost of some services may vary in real time. Before making a purchase, the USER can check all the details of the quote online: services, quantities, price, availability, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed. Once the order has been placed, the prices will remain the same regardless of whether the service is available or not. Any payment made to the SERVICE PROVIDER will result in an invoice being issued in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product, as well as in PDF format to the email address provided by the USER, provided that they have given their express consent to this, and they will be informed that they may revoke such consent at any time by notifying the PROVIDER via any of the means made available to them. Any payment made to the SERVICE PROVIDER will result in the issue of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be provided at the time the service is rendered. If you wish to receive it by email, you must request this via any of the channels made available by the PROVIDER, bearing in mind that you may revoke this decision at any time. For any information regarding the order, the USER may contact the PROVIDER’s customer service line on 606970687 or via email at the address. desarrolloseinversionesibiza@gmail.com

9. SHIPPING COSTS

There are no delivery charges.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following payment methods for orders:

– Credit card
– PayPal
– Bizum

The USER may apply a discount voucher prior to completing the purchase, provided they have received one from the PROVIDER.

Security measures The website uses information security techniques generally accepted within the industry, such as SSL, data entry via secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these objectives, the USER agrees that the PROVIDER may collect data for the purpose of authenticating access controls. The PROVIDER undertakes not to permit any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or adversely affect them. The following activities are prohibited under 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(s).

11. PURCHASING PROCESS

Basket (quote simulation) Any service from our catalogue can be added to the basket. The basket will only show the selected services, the quantity, the price and the total amount. Once the basket has been saved, taxes, charges and discounts will be calculated based on the details entered.

The shopping baskets have no administrative implications; they are simply a feature that allows you to simulate a quote with no obligation on either side. From the shopping basket, you can place an order by following these steps to ensure it is processed correctly: 1. – Check the collection details, flight number, vehicle, destination, etc. 2. – Select the payment method. 3. – Place the order (purchase). Once the order has been processed, the system instantly sends an email to the PROVIDER’s administration department and another to the USER’s email address confirming that the order has been placed. Orders (purchase requests) Within a maximum of 24 hours on working days, an email will be sent to the USER confirming the status of the order.

12. WITHDRAWAL AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is deemed unlawful, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions. IBIZA BLACK CARS 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, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy. Where DIPESA 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 IBIZA BLACK CARS.

13. WARRANTIES AND RETURNS

The warranties shall comply with the provisions of the section entitled ‘Warranties and after-sales services’ of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other supplementary laws; you can access this by clicking here

14. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with Spanish law in respect of any matters not expressly provided for herein. Any dispute arising from the provision of the products or services covered by these terms and conditions shall be submitted to the courts and tribunals of the USER’s place of residence, the place of performance of the obligation, or the location of the property if it is immovable.