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GENERAL TERMS AND CONDITIONS

Luxury suites on the Figueretas beachfront, Ibiza city

Booking Form

GENERAL TERMS AND CONDITIONS

This contractual document shall govern the contracting of products and services through the website [[Web]], property of SUD IBIZA SUITES SL, hereinafter SUD IBIZA SUITES SL.

Accepting this document implies that the USER:

  • Has read and understood the above.
  • Is a person with sufficient capacity to enter into contract.
  • Assumes all obligations set forth herein.

These conditions are valid for an indefinite period of time and apply to all contracts made through the SUD IBIZA SUITES SL website.

SUD IBIZA SUITES SL informs that the business is liable and understands the current laws of the countries in which it offers its services and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

Identity of the contracting parties
The contract is entered into by SUD IBIZA SUITES SL, the provider of the services contracted by the USER, whose registered address is located at Calle Ramon Muntaner, 34 - 07800 Ibiza (Illes Balears), TIN B57954448 and customer/USER service telephone ...................................................

And on the other hand, the USER, registered on the website by means of a user name and password, for which they have full responsibility of use and guard, and is responsible for the truthfulness of the personal data given to SUD IBIZA SUITES SL.


Purpose of the contract

The purpose of this contract is to regulate the contractual relationship between SUD IBIZA SUITES SL and the USER, at which time the USER accepts the rental of temporary accommodation during the online contracting process.

The contractual relationship of booking accommodation involves the rental of the chosen property, for a limited time, in exchange for a determined price that is publicly displayed through the website. Extra services must be added at the time of booking.


Contracting procedure

The USER, in order to access the services or products offered by SUD IBIZA SUITES SL, must 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 (GDPR) and the Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy found on this website.

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 communicate to SUD IBIZA SUITES SL their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.

Once the 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:

  1. General contracting clauses.
  2. Booking and payment process
  3. Cancellations.
  4. Claims.
  5. Force majeure.
  6. Competency.
  7. General information of the offer.
  8. Price and period of validity of the offer.
  9. Purchase process.
  10. Applicable warranties.
  11. Applicable law and jurisdiction.


1. GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, placing an order with SUD IBIZA SUITES SL shall imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those made by SUD IBIZA SUITES SL unless expressly accepted in advance and in writing by SUD IBIZA SUITES SL.


2. RESERVATION AND PAYMENT PROCESS

Our automatic system calculates the availability and prices allowing you to choose the apartment or house you are interested in and you immediately pay of 40% of the rental price on line or pay by bank transfer within a maximum period of 48 hours. If the bank transfer cannot be made within this period, your reservation will automatically be cancelled. The expenses incurred by this method of payment will be borne by the USER.

Booking confirmation: Once the 40% payment has been made, the booking will be instantly confirmed and you will immediately receive an email with all the details (apartment address, contact person details, dates etc.)

Secure on-line payment: SUD IBIZA SUITES SL is committed to protecting USERS’ data to the fullest and does not have any access to nor can it ever see the credit card number that you enter into the form. This information is encrypted and will only be visible to the bank.

Deposits
SUD IBIZA SUITES SL has three types of deposits ranging from 200 € to 500 €. If the tenants are a group of young people, they must each pay 50 &euro, totalling a minimum of 250 &euro.

The deposit is always paid in cash. At the end of your stay, after an inspection of the accommodation, the deposit will be returned to you in cash as well. Any damage to the accommodation will result in an amount being deducted from the deposit.

Check-in and check-out
Check-in and check-out takes places on Saturdays.

Check-in: Keys can be collected from our offices in Calle Ramon Muntaner, 34 - 07800 Ibiza (Illes Balears) between 17:00 and 20:00.

Your accommodation will not be available before 17:00. If you arrive earlier, call us, and you can leave your bags at the
agency.

For those arriving between 20:30 and midnight, there will be an additional cost of 70 €.

No arrivals are accepted later than midnight, from which time you will not be able to enter your accommodation until 08:00 the next morning.

Upon arrival at our agency, and in accordance with current legislation, you must provide us with your booking confirmation and we will check the IDs of all the occupants.

Then, the reservation holder will sign a rental contract and pay the remaining 60% of the rent plus a 20 € management fee and a tourist tax of 0.50 € per day of stay for each person aged over 16, for a maximum of 7 days. (Spanish Law 5/2012 of 20/3/12. Official Journal of the Government of Catalonia (D.O.G.C.) no. 6094 of 23/03/12) and the deposit. You can pay by credit card or cash. Deposits will always be paid in cash.

The accommodation shall be handed to you clean and equipped with all utensils and kitchenware. Bath towels and sheets for each person are included in the rental price.

Check-out: Check-out is from 8:00 to 10:00. A person from the agency will come to your accommodation at the agreed time to inspect the condition of the apartment, collect the keys and return your deposit.

At the agreed check-out time, tenants must be ready and packed, and the apartment must be tidied and cleaned. You must hand the accommodation back in the condition you found it in on arrival


Extra services

If you are interested in using our extra services, you must indicate so at the time of booking:

Cleaning: You can request our cleaning service for the end of your stay. For single rooms 50 €, double rooms 60 €, triple rooms 70 €, quadruple rooms 80 €, Private house (semi-detached) 110 € and Individual chalet 160 €.

Cots: Cots can be rented for 60 €.

High chairs: High chairs can be rented for 45 €

Fold-out beds: Extra beds can be rented for 70 €

There are accommodations that allow pets. If you have a pet, you must inform SUD IBIZA SUITES SL at the time of booking for permission.


Customer Responsibilities
The customer commits to respecting Community regulations. No parties or excessive noise during rest hours, between 22:00 and 9:00. In no case is it permitted to occupy the accommodation with more people than the maximum capacity.

The use of electricity and water must be rational. When the air conditioning is on, don’t forget to close the doors and windows.

It is forbidden to hang towels and clothes on balcony railings.

Opening times for the swimming pool are set by each Community. Generally, the swimming pool can be used between 10:00 and 21:00. It is forbidden to fix objects such as parasols, awnings, etc. into the grass or to use inflatables in the pool.

Parents must always accompany their children and be responsible for them.

The person holding the contract is responsible for ensuring all occupants behave appropriately. Otherwise, SUD IBIZA SUITES SL reserves the right to evict the occupants from the accommodation, without any right to future claims or compensation.

Neither SUD IBIZA SUITES SL nor the owner shall be liable for any direct or indirect damage that may arise from the misuse of the accommodation, including but not limited to damage, loss due to fire, theft, crime, accidental or other damage.


3. CANCELLATIONS (RIGHT OF WITHDRAWAL)

SUD IBIZA SUITES SL will only accept cancellations of reservations in writing by emailing: direccion@sudibizasuites.com

  • If the reservation is cancelled within 30 days of the arrival date, SUD IBIZA SUITES SL will refund 50% of the reservation deposit to the client.
  • If the reservation is cancelled less than 30 days prior to the arrival date, the total amount of the reservation will not be refunded to the client (100%).


4. CLAIMS

We aim to ensure customers have a pleasant stay.

If during the rental period there is any breakdown in the facilities or to electrical appliances, you must immediately notify SUD IBIZA SUITES SL to resolve these incidents as soon as possible.

In case of force majeure (water damage, fire, etc.) SUD IBIZA SUITES SL will provide a similar replacement accommodation. If no such accommodation is available, SUD IBIZA SUITES SL will refund the total amount paid.

SUD IBIZA SUITES SL
Calle Ramon Muntaner, 34 - 07800 Ibiza (Illes Balears)
Telephone number: ..................................................
Email: direccion@sudibizasuites.com

Online Dispute Resolution (ODR)
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 SUD IBIZA SUITES SL, 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

The parties 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.


6. COMPETENCY

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

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.

The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.


7. GENERAL INFORMATION ABOUT THE OFFER

All sales and deliveries made by SUD IBIZA SUITES SL are subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of SUD IBIZA SUITES SL or stipulated herein shall take effect, unless expressly agreed in writing and signed by SUD IBIZA SUITES SL, in which case, these particular
agreements shall prevail.

Given the continuous technical advances and product improvements, SUD IBIZA SUITES SL 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 products offered is affected.


8. PRICE AND PERIOD OF THE VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. All prices are shown in EURO..

The prices applicable to each property are those that are published on the website. The USER accepts that the economic valuation of some of the services may vary in real time. Prices may change daily as long as no booking is made.

Any payment made to SUD IBIZA SUITES SL entails sending an invoice in the name of the registered USER or in the business name provided at the time of booking. This invoice will be delivered to the USER at the end of their stay, once all contracted services have been paid for.

For any questions about the booking, the USER may contact the SUD IBIZA SUITES SL customer services by calling .................................................. or by emailing direccion@sudibizasuites.com.


9. PURCHASE PROCESS

Property searcher
Our website has a property searcher that allows you to filter by different criteria, facilitating your choice of accommodation. Types of reservations:

Reservations with immediate confirmation: The minimum price of the service is stipulated on the website. You can book online and add the extra services that suit you.

Price not available: If the price of the service is not available, the USER will be informed as soon as possible by email or telephone.


Reservation (purchase request)
In the on-line Reservation section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular specifications of each property.

The final price will be calculated according to the selected check-in and check-out dates, the people staying (adults and children) and the extra services chosen.


10. GUARANTEES AND REFUNDS

The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July 2003 on the guarantees of the sale of consumer goods:

Conformity of services with the contract

  1. Unless there is proof to the contrary, services 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:
    a) They match the description given by SUD IBIZA SUITES SL.
    b) They are fit for the purposes for which similar services are ordinarily intended.
    c) They are fit for any special use required by the customer when they have informed SUD IBIZA SUITES SL when the contract is executed, provided that they have accepted that the service is fit for such use.
    d) They demonstrate the usual quality and performance of similar services which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the services’ specific features made by SUD IBIZA SUITES SL.
    e) SUD IBIZA SUITES SL describes the details, specifications and photographs of the accommodation as provided by the owners, and is not bound by these public statements.

  2. Non-conformity resulting from a service that was not performed or provided shall be treated as non-adherence to the contract, provided that the responsibility for the service lies with SUD IBIZA SUITES SL or is under its responsibility. On the other hand, when the service not performed or provided is due to negligence or malpractice on the part of the USER, it shall not be considered to be non-adherence on SUD IBIZA SUITES SL’s behalf, who shall be deemed to have complied with the terms of the contract.

  3. No liability shall be accepted for any non-conformity that the USER is aware of or was unable to overlook when entering into the contract, or which is caused by information provided by the USER.


SUD IBIZA SUITES SL’s liability
SUD IBIZA SUITES SL will respond to the USER regarding non-conformity that exists at the time of check-in to the accommodation. SUD IBIZA SUITES SL grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.

Repair and replacement of products

  1. If the service is not in compliance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies SUD IBIZA SUITES SL of the chosen option, both parties must abide by it. The USER’s decision is respected without prejudice in the following cases: the repair or replacement fails to bring the service into compliance with the contract.
  2. Any form of remedy which imposes on SUD IBIZA SUITES SL costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.


Rules of repair or replacement of the product
Repair and replacement will comply with the following rules:

The necessary expenses incurred to correct the non-conformity of the contracted services will be at no cost to the USER.

They will be carried out within a reasonable period of time and without major inconveniences for the USER, taking into account the nature of the products and their purpose for the USER.

If, after the repair has been completed and the property has been handed over, it is still not in conformity with the contract, the USER may demand a replacement, a discounted price or termination of the contract.

If the replacement fails to bring the property into conformity with the contract, the USER may demand it be repaired, a discounted price or termination of the contract.


Price reduction and contract termination

The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER.

The decision shall not apply when the non-conformity is of minor importance.


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

Times
Unless there is evidence to the contrary, check-in will be on the date that appears in the booking.

The USER must inform SUD IBIZA SUITES SL of any non-conformity the moment that they become aware of it or by the end of their stay, at the very latest.

Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.



11. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. SUD IBIZA SUITES SL and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals closest to Ibiza.

In the event that the USER resides outside of Spain, SUD IBIZA SUITES SL and the USER expressly renounces any other court, submitting to the Spanish jurisdiction established in the previous paragraph.

DATA PROTECTION:
In accordance with data protection regulations, we provide , you with the following processing information:
Data controller: SUD IBIZA SUITES SL
Purposes of the processing: maintaining a commercial relationship and sending communications of products or services
Related rights: access, rectification, portability, erasure, limitation and objection
More processing information in the Privacy policy

Do you want to receive our newsletter?

Purpose and legitimacy of the processing: sending communications concerning products or services through the Newsletter to which you have subscribed (with the Data Subject’s consent, art. 6.1.a GDPR).
Data storage criteria: data shall be stored for no longer than is necessary to maintain the purpose of the processing or for as long as there are legal rescriptions dictating their custody, and when such purpose is no longer necessary the data shall be erased with appropriate security measures to ensure the anonymization of the data or their complete destruction.
Communication of data: data will not be disclosed to third parties, unless legally obliged to do so.
Rights of the Data Subject:
- Right to withdraw consent at any time.
- Right of access, rectification, portability and erasure of the data, and those of limitation or opposition to their processing.
- Right to submit a complaint to the Supervisory Authority (www.aepd.es) if they consider that the processing does not comply with current legislation.