Terms and Conditions

This contractual document will govern the booking of accommodations through the website www.ebanoibiza.com, owned by EBANO APARTOTEL SLU, under the EBANO trademark, hereinafter referred to as the PROVIDER, whose contact information is also included in the Legal Notice of this Website.

These Terms and Conditions 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 the cases 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 comprehends the contents set forth herein.
Is a person with sufficient legal capacity to enter into contracts. Assumes all obligations set forth herein.

These terms and conditions will be valid indefinitely and will apply to all purchases made through the PROVIDER's website.

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

Identity of the Contracting Parties

On the one hand, the PROVIDER of the accommodation reservation service contracted by the USER is EBANO APARTOTEL SLU, with registered office at Carretera Eivissa-Sant Antoni, Km 5, 07816 San Antonio de Portmany (Balearic Islands), Tax ID No. B56881329, and customer service/USER telephone number 971301502.

On the other hand, the USER is registered on the website using a username and password, for which they are fully responsible for their use and safekeeping, and is responsible for the accuracy of the personal data provided to EBANO.

Purpose of the Contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the latter accepts, during the online booking process, the rental of properties for temporary accommodation.

The contractual relationship for the reservation of accommodation entails the rental of the selected property for a limited period of time, in exchange for a price determined and publicly displayed on the website. Additional services must be contracted at the time of booking.

Contracting Procedure

In order to access the services or products offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the requested personal data, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to use them diligently and not make them available to third parties. They will also inform EBANO of any loss or theft, or of possible access by an unauthorized third party, so that it can immediately block them.

Once the user account has been created, please be advised that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow these steps:

⦁ General contracting clauses.
⦁ Activation of reservations.
⦁ Right of withdrawal (cancellations).
⦁ Claims and online dispute resolution.
⦁ Force majeure.
⦁ Competition.
⦁ General information about the offer.
⦁ Price and validity period of the offer.
⦁ Transportation costs.
⦁ Payment method, fees, and discounts.
⦁ Purchase process.
⦁ Termination and suspension or cancellation of the contract.
⦁ Guarantees and returns.
⦁ Applicable law and jurisdiction.

⦁ GENERAL CONTRACTING TERMS

Unless specifically stipulated in writing, making a reservation with the PROVIDER implies 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.

⦁ ACTIVATION OF RESERVATIONS AND PAYMENT

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

The automatic system for calculating availability and prices allows the USER to choose the apartment or house that interests them and immediately make the online payment of 40% of the rental price or, failing that, they can make  A bank transfer will be required within a maximum of 48 hours.

The PROVIDER will not reserve the accommodation until payment has been confirmed. Once payment has been confirmed, the PROVIDER will contact you by email to confirm the reservation. This term is understood to mean that availability has been confirmed.

Deposits

EBANO offers three types of deposits, ranging from €200 to €500. If the guests are a group of young people, they must pay €50 per person, with a minimum of €250.

The deposit must be paid in cash upon check-in. Upon check-out, after an inspection, it will also be returned in cash.

In the event of damage to the accommodation, damage will be deducted from the deposit.

Failure to Execute the Remote Contract

If the contract cannot be executed because the accommodation is not available within the 30-day period, the USER will be informed of the lack of availability and will be entitled to cancel the reservation and receive a refund of the full amount paid at no cost, without incurring any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER in reimbursing the full amount, the USER may claim payment of double the amount owed, without prejudice to their right to compensation for damages incurred in excess of that amount.

The PROVIDER will not assume any liability if the service activation fails due to the information provided by the USER being false, inaccurate, or incomplete.

⦁ CANCELLATIONS (right of withdrawal)

Withdrawal form: https://www.ebanoibiza.com/formulario-solicitud-desistimiento.pdf

The USER has the same rights and deadlines to cancel and/or complain about any defects or flaws in the reservation, both online and offline.

All cancellations must be communicated to the PROVIDER, requesting a refund number using the form provided for this purpose, or by email to jplanells@grupoplanells.es, indicating the corresponding invoice or reservation number. In the event of a refund, the USER may be penalized for the following reasons:

⦁ If the reservation is canceled before 30 days prior to the arrival date, the PROVIDER will refund the customer 50% of their reservation.

⦁ If the reservation is cancelled more than 30 days prior to the arrival date, the full amount of the reservation (100%) will not be refunded.

⦁ COMPLAINTS

Any complaints that the USER deems appropriate will be addressed as quickly as possible and can be submitted to the following contact addresses:

EBANO

Carretera Eivissa-Sant Antoni, Km 5, 07816 San Antonio de Portmany (Balearic Islands) Telephone: 971301502
Email: jplanells@grupoplanells.es

If any breakdown occurs in the installations or electrical appliances during the rental period, the USER must immediately notify the PROVIDER so that these incidents can be resolved as quickly as possible.

In the event of force majeure (water damage, fire, etc.), the PROVIDER will replace the reserved accommodation with another of the same characteristics. In the event of unavailable accommodation, the PROVIDER will refund the full amount paid.

⦁ FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Fulfillment of the obligation will be delayed until the force majeure event ceases.

COVID-19: If, due to mobility restrictions or any other reason relating to the rules consolidated in the COVID-19 Code, the USER is unable to travel to the reserved accommodation, they will have the option of using their reservation until the date proposed by the PROVIDER.

⦁ JURISDICTION

The USER may not assign, transfer, or transfer the rights, responsibilities, and obligations under the contract.

If any provision of these terms and conditions is deemed void or impossible to enforce, the validity, legality, and enforceability of the remaining provisions will not be affected in any way, nor will they be modified in any way.

The USER declares that they have read, understood, and accept these General Conditions in their entirety.

⦁ GENERAL OFFER INFORMATION

The details of each reservation, such as accommodations and meal plans, are provided to the USER in their respective description on the website.

All sales and deliveries made by EBANO shall be deemed subject to these General Conditions.

No modification, alteration, or agreement contrary to EBANO's Commercial Proposal or stipulated herein shall be effective unless expressly agreed in writing signed by EBANO. In this case, these specific agreements shall prevail.

Given the continuous technical advances and improvements in products, EBANO reserves the right to modify its specifications regarding the information provided in its advertising, as long as this does not affect the value of the services offered. These modifications will also be valid if, for any reason, the possibility of providing the services offered is affected.

Check-in and check-out

Check-in and check-out are on Saturdays.

Check-in: Key collection time is from 5:00 PM to 8:00 PM at our offices at Carretera Eivissa-Sant Antoni, Km 5, 07816 San Antonio de Portmany (Balearic Islands).
The accommodation will not be available before 5:00 PM.
If you arrive earlier, you can call and leave your luggage at the agency.
For arrivals from 8:30 PM to midnight, there will be an additional charge of €70.00.
Arrivals after midnight are not accepted; they will be left for 8:00 a.m. the following day.

Upon arrival at the agency, and in accordance with current legislation, the USER must hand in the reservation form, and all occupants of the accommodation will be identified.

The USER will then sign a rental agreement and pay the remaining 60% of the rent plus a €20.00 management fee and the Tourist Tax of €0.50 per day of stay per person over 16 years of age, with a maximum stay of 7 days (Law 5/2012 of March 20, 2012. D.O.G.C. No. 6094 of March 23, 2012) and the security deposit. You can pay by credit card or cash. The security deposit must always be in cash.

The accommodation is delivered clean and with all utensils and kitchenware. Bath towels and sheets per person are included in the rental price.

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

At the agreed check-out time, guests must be ready with their suitcases packed and the apartment tidy and clean.

Extra Services
If the USER is interested in booking 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
Single chalet €160.00

Crib

Crib rental is €60.00.

High chair

High chair rental is €45.00

Folding bed

Extra bed rental is €70.00

Some accommodations allow pets; for authorization, please inform EBANO at the time of booking.

Customer Responsibilities

⦁ The USER agrees to comply with the Community regulations. During the rest hours from 10:00 PM to 9:00 AM, the accommodations may not be used for parties or to make noise. Under no circumstances may more people occupy the accommodation than the maximum capacity established.

⦁ Electricity and water usage must be rational.

⦁ Hanging towels and clothes on the balcony railings is prohibited.

⦁ Pool hours are set by each Community and are generally from 10:00 AM to 9:00 PM. Placing objects such as parasols, awnings, etc. on the grass, as well as using inflatable mattresses in the pool, is prohibited.

⦁ Children must always be accompanied by their parents and under their responsibility.

⦁ The USER is responsible for the proper behavior of all their fellow guests. Otherwise, the PROVIDER reserves the right to evict the occupants from the accommodation, without the right to future claims or any type of compensation.

⦁ Neither EBANO nor the owner will be liable for any direct or indirect damage that may arise as a result of misuse of the accommodation, including, but not limited to: damage, loss due to fire, theft, crime, accidents, or other types of damage.

⦁ PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each reservation include Value Added Tax (VAT). These prices, unless expressly indicated otherwise, do not include tourist taxes, travel insurance, shipping, handling, packaging, or any other additional services or ancillaries to the service purchased.

The prices applicable to each property are those published on the website and are expressed in EURO. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change daily until the reservation is made.

Any payment made to EBANO entails the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be delivered to the USER at the end of the rental and the payment is made. Payment for the contracted services. The invoice can be downloaded in PDF format by accessing the website's management panel with your user account. If you wish to receive it by email, you must request it through any of the methods made available by the PROVIDER. The PROVIDER informs you that you may revoke this decision at any time.

For any information regarding the reservation, the USER may contact EBANO's customer service line at 971301502 or via email at jplanells@grupoplanells.es.

⦁ SHIPPING COSTS

There are no shipping costs.

⦁ PAYMENT METHODS, FEES, AND DISCOUNTS

The PROVIDER is responsible for financial transactions and allows the following payment methods for an order:
Bank transfer, PayPal
Credit card: Card payments will not be accepted if they exceed €

Security Measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER agrees that the PROVIDER may obtain data for the purpose of authentication and access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage 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 laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s).

⦁ PURCHASE PROCESS

The website has a search system using different parameters to facilitate the selection of accommodations. Reservation types:
Reservation with immediate confirmation: Minimum price of the service stipulated on the website. The reservation can be made online and any additional services that are convenient can be added.
Price not available: If the price of the service is not available, the USER will be informed as soon as possible, via email or phone.

Select the check-in and check-out dates, the number of guests (adults and children), and the selected additional services, and add them to the cart. Only the selected services, the quantity, the price, and the total amount will be displayed. Once the cart is saved, taxes, fees, and discounts will be calculated based on the information entered.

Carts have no administrative obligation; they are simply a section where you can simulate a quote without any commitment on either side.

From the cart, you can place an order by following these steps:

⦁ - Checking the billing information.
⦁ - Checking the reservation (dates, services, etc.).
⦁ - Selecting the payment method.
⦁ - Placing the order (purchase).

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

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

From the Online Booking section, you can view the description and characteristics of the accommodation, the included services, the optional services (extras), and the specific conditions of each property.

⦁ DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any of the 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, if the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy.

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.

⦁ WARRANTIES AND RETURNS

The warranty for the services offered will be governed by the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:

With Compliance of the services with the contract

⦁ Unless proven otherwise, the services will be deemed to comply with the contract provided they meet all of the requirements set out below, unless, due to the circumstances of the case, any of them are not applicable:

⦁ They conform to the description provided by EBANO.
⦁ They are suitable for the uses for which services of the same type are ordinarily intended.
⦁ They are suitable for any special use required by the USER, when notified by EBANO at the time of entering into the contract, provided that EBANO has acknowledged that the service is suitable for this use.
⦁ They present the quality and performance typical of a service of the same type that the client can reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services provided by EBANO.
⦁ EBANO describes the details, technical characteristics, and photographs of the properties provided by their owners, and is not bound by these public statements.

⦁ Any lack of conformity resulting from a service not performed or provided will be considered a lack of conformity with the contract, provided that the responsibility for the service falls on EBANO or 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 will not be considered a fault on the part of EBANO and will be deemed to comply with the terms of the contract.

⦁ EBANO shall not be liable for lack of conformity that the USER is aware of or could not have been aware of at the time of entering into the contract or that arises from information provided by the USER.

EBANO's Liability

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the accommodation. EBANO grants the USER the right to have the service repaired, replaced, to a price reduction, and to terminate the contract.

Repair and Replacement of the Hosting Service

⦁ If the hosting service does not comply with the contract, the USER may choose between requesting its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs EBANO of the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions in cases where repair or replacement fail to bring the service into compliance with the contract.

⦁ Any form of repair that imposes costs on EBANO that are unreasonable compared to the other form of repair will be considered disproportionate, taking into account the value the service would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative form of repair could be carried out without major inconvenience to the USER.

Repair and replacement will be subject to the following rules:

⦁ The USER will be free of charge for the expenses incurred to correct the lack of conformity of the contracted services.

⦁ They will be carried out within a reasonable timeframe and without major inconvenience to the USER, taking into account the nature of the services and their purpose for the USER.

⦁ If, after the repair is completed and the property is delivered, it still does not comply with the contract, the USER may demand its replacement, a price reduction, or termination of the contract.

⦁ If the replacement fails to bring the property into compliance with the contract, the USER may demand repair, a price reduction, or termination of the contract.

Price Reduction and Termination of the Contract

Price reduction and termination of the contract will be available, at the USER's discretion, when the USER cannot demand repair or replacement of the service and in cases where these have not been carried out within a reasonable timeframe or without major inconvenience to the USER.

Termination will not be applicable when the lack of conformity is minor.

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 complied with the contract and the value the service actually delivered had at the time of delivery.

Timeframes

Unless proven otherwise, delivery is deemed to have taken place on the date indicated in the reservation.

The USER must inform EBANO of any non-compliance as soon as they become aware of it or, at the latest, at the end of the stay.

Unless proven otherwise, it will be deemed that the USER's notification was made within the established timeframe.

⦁ APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with the applicable law. Spanish settlement in any matter not expressly established. EBANO and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services covered by these Conditions.