Introduction

This contractual document will govern the General Terms and Conditions of the rental services of boats, buggies, quads, scooters, and cars, boat excursions, jet skis, buggy rides, and water sports (hereinafter referred to as the “Conditions”) through the website www.ibizaexplorer.com/, owned by UGO JULIEN DAUPHIN under the trade name IBIZA EXPLORER, hereinafter referred to as IBIZA EXPLORER, whose contact details are also available in the Legal Notice of this website.

These Conditions will remain published on the website for the CLIENT’s reproduction and storage as confirmation of the contract and may be modified at any time by IBIZA EXPLORER. It is the responsibility of the CLIENT 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 cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the CLIENT:

• Has read, understood, and comprehended the contents 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 contracts made through the IBIZA EXPLORER website.

IBIZA EXPLORER informs that it is responsible and aware of current legislation and reserves the right to unilaterally modify the conditions without affecting terms and conditions implemented prior to the modification.

Identity of the contracting parties

On the one hand, IBIZA EXPLORER, the provider of the aforementioned services contracted by the CLIENT, is UGO JULIEN DAUPHIN, with registered office at Calle Madrid, No. 4, Faro 2, apt. 36, 07820 San Antonio de Portmany (Illes Balears), NIF Y1850517C, and with customer/user helpline phone number 611330518.

And on the other hand, the CLIENT, who provides contact details via the form, over which they have full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to IBIZA EXPLORER.

Object of the contract

This contract aims to regulate the contractual relationship of sale born between IBIZA EXPLORER and the CLIENT at the moment the latter accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery, in exchange for a specified and publicly displayed price on the website, of a specific service.

Rectification of data

When the CLIENT identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email info@ibizaexplorer.com so that UGO JULIEN DAUPHIN corrects them as soon as possible.

The CLIENT may keep their data updated by accessing their CLIENT account.

Contracting procedure

In order to access the services offered by IBIZA EXPLORER, the CLIENT must be of legal age and fill out the form on the website. Therefore, the CLIENT must provide, freely and voluntarily, the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of this data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data, detailed in the Legal Notice and Privacy Policy of this website.

The CLIENT undertakes to use them diligently and not to make them available to third parties, as well as to notify IBIZA EXPLORER of their loss or theft or possible access by an unauthorized third party, so that it proceeds to immediate blocking.

Once the CLIENT account has been created, it is informed 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 these steps:

1. General contracting clauses.
2. Service activation.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Competence.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, charges, and discounts.
11. Purchase process.
12. Disassociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless expressly stipulated otherwise in writing, placing an order with IBIZA EXPLORER will imply the CLIENT’s acceptance of these legal conditions. No stipulation made by the CLIENT may differ from those of IBIZA EXPLORER if not expressly accepted in advance and in writing by IBIZA EXPLORER.

2. SERVICE ACTIVATION

IBIZA EXPLORER will not activate any service until it has verified that the payment has been made.

Since the order does not involve the physical delivery of any product, with the contracted services being activated directly from the website, IBIZA EXPLORER will inform the CLIENT in advance about the procedure to follow for this activation.

Non-execution of the distance contract

In the case of the provision of a service, it will be available from the moment the CLIENT has made the payment for it and can be activated according to the conditions set by IBIZA EXPLORER.

If it is not possible to execute the contract because the contracted service is not available within the specified period, the CLIENT will be informed of the lack of availability. The CLIENT will be entitled to cancel the order and receive a full refund without any cost, without incurring any liability for damages that can be attributed to IBIZA EXPLORER.

In case of unjustified delay on the part of IBIZA EXPLORER in refunding the total amount, the CLIENT may claim to be paid twice the amount owed, without prejudice to the right to be compensated for damages suffered beyond that amount.

IBIZA EXPLORER will not assume any responsibility if the service activation does not take place due to false, inaccurate, or incomplete data provided by the CLIENT.

The provision of the service will be considered completed at the moment the CLIENT has activated the service.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://ibizaexplorer.com/wp-content/uploads/2024/01/Ibiza-Explorer-Derecho-de-desistimiento.pdf

The CLIENT has a period of fourteen natural days, counting from the date of receipt of the product or from the conclusion of the sales contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and CLIENTs and other complementary laws, hereinafter RDL 1/2007. If IBIZA EXPLORER does not comply with the duty of information and documentation on the right of withdrawal, the deadline for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not be applicable to contracts referred to and listed in article 103 of RDL 1/2007, which are related here.

Any return must be communicated to IBIZA EXPLORER, requesting a return number through the form provided for this purpose, or by email to info@ibizaexplorer.com, indicating the corresponding invoice or order number.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the CLIENT considers appropriate will be addressed as soon as possible and can be made at the following contact addresses:

Postal: UGO JULIEN DAUPHIN, Calle Madrid, No. 4, Faro 2, apt. 36, 07820 San Antonio de Portmany (Illes Balears)

Phone: 611330518

Email: info@ibizaexplorer.com

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the CUSTOMER and IBIZA EXPLORER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them. This body is neutral and will engage in dialogue with both parties to reach an agreement, ultimately suggesting and/or imposing a solution to the conflict.

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

5. FORCE MAJEURE

The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure case.

COVID-19: If, due to mobility restrictions or other reasons related to the regulations consolidated in the COVID-19 code, the CUSTOMER cannot receive the service, they will have the option to use their reservation until the new date proposed by IBIZA EXPLORER.

If the activity is affected by climatic circumstances beyond our control, it may slightly modify the content of reservations in terms of days.

6. COMPETENCE

The CUSTOMER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any provision of these conditions is deemed null or impossible to fulfill, the validity, legality, and compliance of the rest will not be affected in any way, nor will they undergo any modification.

The CUSTOMER declares to have read, understood, and accepted these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales made by IBIZA EXPLORER will be subject to these Conditions.

No modification, alteration, or agreement contrary to the Commercial Proposal of UGO JULIEN DAUPHIN or what is stipulated here will have effect, except for a written agreement signed by IBIZA EXPLORER. In this case, these specific agreements will prevail.

Given the continuous technical advances and improvements in services, IBIZA EXPLORER 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.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each service include the Value Added Tax (VAT) or other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling, packaging, shipping insurance, or any other additional services and annexes to the purchased service.

The prices applicable to each service are those published on the website and will be expressed in EURO. The CUSTOMER assumes that the economic valuation of some services may vary in real time.

Before making the purchase, you can check online all the details of the budget: services, quantities, price, availability, charges, discounts, taxes, and the total purchase. Prices can change daily until the order is placed.

Once the order is placed, prices will remain the same whether the service is available or not.

Every payment made to IBIZA EXPLORER entails the issuance of an invoice in the name of the registered CUSTOMER or the business name provided at the time of placing the order. This invoice will be sent in PDF format to the email address provided by the CUSTOMER, provided they have given their explicit consent, informing them that they can revoke this consent at any time by notifying IBIZA EXPLORER through any of the means at their disposal.

Every payment made to IBIZA EXPLORER entails the issuance of an invoice in the name of the CUSTOMER or the business name provided at the time of placing the order.

For any information about the order, the CUSTOMER can contact IBIZA EXPLORER’s customer service by phone at 611330518 or via email at info@ibizaexplorer.com.

9. SHIPPING COSTS

There are no shipping costs.

10. PAYMENT METHODS, FEES, AND DISCOUNTS

IBIZA EXPLORER is responsible for economic transactions and enables the following payment methods for placing an order:

• Credit card
• Bank transfer

Security Measures

The website employs information security techniques widely accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms. All this is aimed at preventing unauthorized access to data. To achieve these goals, the CLIENT agrees that IBIZA EXPLORER obtains data for the purpose of corresponding authentication of access controls.

IBIZA EXPLORER commits not to 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: the sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.

11. PURCHASE PROCESS

Cart (budget simulation)

Any service from our catalog can be added to the cart. Here, only selected services, quantity, price, and total amount will be observed. Once the cart is saved, taxes, fees, and discounts will be calculated based on the entered data.

The form has no administrative connection; it’s just a section where a budget can be simulated without any commitment on both sides.

From the cart, an order can be placed by following the steps below for proper formalization:

1. Check billing information.
2. Check the service delivery method (download, activation, etc.).
3. Select the payment method.
4. Place the order (buy).

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

Orders (purchase requests)

Within a maximum of 24 hours on business days, an email will be sent to the CLIENT confirming the order status and the approximate activation date.

12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF CONTRACT

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

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

When IBIZA EXPLORER 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 available to IBIZA EXPLORER.

13. WARRANTIES AND RETURNS

Warranties will comply with the regulations in the section titled “Warranties and After-Sales Services” of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and CLIENTs and other complementary laws. You can access it by clicking here.

If you want to customize this section, you must verify that the wording complies with the regulations in the section on WARRANTIES AND AFTER-SALES SERVICES of Royal Legislative Decree 1/2007.

It will not entail any extra cost for Clients to change the date of their reservation to another date, provided it is at least 14 days before the scheduled date and there is availability. For such a modification, you can contact the activity provider IBIZA EXPLORER at the following email address: info@ibizaexplorer.com.

The cancellation of reservations for different activities will be subject to this policy and general terms and conditions, as well as the specific conditions of the company.

Up to 14 days before the scheduled activity, the Client can cancel, with the full amount paid as a reservation guarantee being refunded.

Cancellation within the last 14 days will not entitle any refund of the amount paid.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the CLIENT’s domicile, the place of fulfillment of the obligation, or where the property is located if it is real estate.