GENERAL CONDITIONS OF CONTRACT OF THE IBIZA VALET PARKING PLATFORM

Ibiza Valet Parking is a parking service that solves the problem of parking in central Ibiza in an easy, practical and economic manner. Present in the old town of Ibiza, the service consists of parking and returning the vehicle at the collection points indicated by Ibiza Valet Parking. Your car in central Ibiza and the airport without the need for cash payment, transfers or wasted time. Ibiza Valet Parking also offers other services to improve the experience of its users.

GENERAL CONDITIONS OF CONTRACT

  1. IDENTIFICATION
  • Owner: Island Service & You, L.U. (hereinafter, Ibiza Valet Parking)
  • Registered office: Calle Cataluña 27 2 B Ibiza
  • Tax identification number: B16507691
  • Public Registry: Mercantile Registry of Ibiza Volume 316, Book 314, Page 29, Sheet IB-14502, Entry
  • Telephone: +34 683134728
  • Email: contacto@ibizavaletparking.com
  1. PURPOSE

This document establishes the general conditions (hereinafter, the “Conditions of Contract”) regulating the general conditions for the provision of the services offered by Ibiza Valet Parking (hereinafter, the “Service”), through its website or telephone service (hereinafter, these channels will be jointly referred to as the “Platform”). The Service will be contracted by users (hereinafter, the “User”) directly through the Platform. By telematically completing all of the steps thereof, the User is held expressly to accept these Conditions of Contract, with the same validity as the express signature of a contract. Thus, the User recognises that they are a person with sufficient capacity to acquire the obligations arising from their actions through the Platform, and that they have previously read and understand its content.

In any case, to be able to contract with Ibiza Valet Parking, the User must be of legal age (≥ eighteen (18) years).

  1. PRELIMINARY INFORMATION

These Conditions of Contract are at the free and gratuitous disposal of all Users of the Platform.

All the services marketed are correctly described on the Platform and placed at the disposal of the User, and those matters expressly not indicated in the information available thereon are understood not to be included.

The fact that simple browsing entails the acceptance of these Conditions of Contract and the other legal texts available on the Platform notwithstanding, the agreement between Ibiza Valet Parking and the User is understood to be concluded as from the moment the User completes the contracting procedure, and it is understood that the completion of all the phases of the electronic contracting procedure and the provision of all the requested data, along with the satisfactory payment, entail a direct expression of the will of the User to accept these Conditions of Contract.

Ibiza Valet Parking will introduce adequate and sufficient technical means to identify and correct technical errors in the management of the information insofar as it is responsible therefor.

The language in which the contracting procedure will be processed and in which this agreement is formalised will be Spanish, unless otherwise indicated.

  1. FUNCTIONING OF THE SERVICE

Ibiza Valet Parking is a parking service provider which places at the disposal of the User the Service of vehicle collection, parking and delivery, as well as other additional services indicated on the Platform, and they can be contracted through said Platform, including by telephone.

The collection of the Vehicle will be performed by professionals contracted for such purpose by Ibiza Valet Parking (hereinafter, the “Agents”), who will be responsible for collecting, keeping and returning the vehicle. During this

process, Ibiza Valet Parking will have the User’s vehicle in its keeping and will make its best effort to provide a diligent and adequate service.

  • CONTRACTING PROCEDURE

A User who wishes to contract services from Ibiza Valet Parking must complete the contracting procedure established on the Platform for that purpose. To contract the Service, it is necessary to register, providing the data necessary for this purpose. Once registered, the User must select the specific services they wish to contract and follow the steps indicated on the Platform therefor. At the end of the registration process, the User will receive a transaction confirmation by email.

The registered User accepts that the User’s account is personal and non-transferable; its ownership is protected with a password which must be generated by the account-holding User in accordance with the rules of strength and complexity established at all times by Ibiza Valet Parking.

The password created will have an unlimited period of validity and the User undertakes to use it diligently, keeping it secret and not transmitting it to any third party. Consequently, the User is responsible for the adequate safekeeping and confidentiality of any usernames and/or passwords they have selected, and they undertake not to assign the use thereof to third parties, be it temporarily or permanently, or to allow other people to access them. The User will be liable for the unlawful use of the website by any unauthorised third party who uses a password for that purpose due to careless use or the loss thereof by the User.

The User may change their password when they deem appropriate; for example, because they suspect or note that the confidentiality of the password has been breached.

Under no circumstances is the assignment of the registered User’s account between different people permitted, and Ibiza Valet Parking is authorised to delete it as soon as said circumstance is detected, without prejudice to the fact that it reserves the legal actions that may be appropriate.

  • SERVICE ACCESS PROCEDURE

At the end of the contracting process detailed in section 4.1 above, the User may request the booking of the service through the following modalities: (i) telephone call, (ii) sending of the form on the website, or (iii) request through the Platform.

  • BOOKING THE SERVICE

To make the booking, it must be requested at list fifteen (15) minutes in advance, with the User having provided at least the following information: first name and surname, contact telephone number, email, vehicle details, (brand, model, colour, number plate) and payment method details, as well as any other information requested. In particular, they must specify whether the vehicle has any damage (visible or not) and whether they have fully comprehensive insurance. Additionally, the User must give their authorisation for Ibiza Valet Parking to know their location. Once the booking data are collected, the User will receive a transaction confirmation by email and/or telephone. It is possible that, before the vehicle collection time, the User will receive a courtesy call from the Agent who will be collecting their vehicle, in order to confirm the service.

Furthermore, the User will receive confirmation of the collection time by SMS, telephone call or email, as applicable.

  • VEHICLE COLLECTION. DAMAGE

The vehicle will be collected by the Agent in the place indicated by the Service and which is among those admitted by Ibiza Valet Parking, for its transfer, parking and keeping in a car park. At the collection time, the Agent will confirm with the User the return details (date and time) and other important observations, such as whether the vehicle has damage and fully comprehensive — or only third-party — insurance. Furthermore, the Agent will deliver the booking code.

Once the Agent checks the consistency between the data given by the User and the booking, they will proceed to take 4 photographs to give a 360º degree perspective to verify the state of the vehicle upon collection. For greater security, the User gives their consent for Ibiza Valet Parking to open the boot or other similar compartments of the vehicle in the front of it, in order for them to form part of the recording and to guarantee the complete integrity of all of that contained in it. In relation to this, it must be indicated in the booking whether there is any damage to the vehicle and the key-handover confirmation must contain the “Damage” option marked yes or no.

The foregoing notwithstanding, Ibiza Valet Parking will not be liable for any impairment in the integrity of the vehicle when it has acted with the due diligence for its conservation.

Following this, the Agent will proceed to transfer the vehicle to a place assigned for the keeping thereof by Ibiza Valet Parking or a third party, and will deposit the keys in a safe place. By accepting these Conditions of Contract, the User authorises Ibiza Valet Parking to designate a third party for the keeping of the vehicle or to keep it itself.

  • VEHICLE DELIVERY

The User will contact the Agent at least 15 minutes in advance to request the vehicle in a manner that leaves a record, such as email, WhatsApp or SMS.

The Agent will deliver the vehicle in the place and at the time indicated in the booking made by the User. The delivery request should be formalised using the same means through which the User made the booking, without prejudice to the use of other auxiliary means when the situation so requires.

The Agent may contact the User by telephone, as a courtesy call, to confirm the delivery of the vehicle. Once the Agent and the User are in the indicated place at the agreed time, the Agent will confirm the User’s security code and they will electronically sign the vehicle delivery confirmation.

If the User is over 5 minutes late, the Agent will leave with the vehicle and will charge a cost of 15 euros for harm and losses due to the delay, as they must return again and in view of the wasted time for other Users. This does not apply in case of delay of the Agent; as the traffic is unpredictable, particularly in Ibiza during summer, an exact time cannot be guaranteed, although an approximate time is given, and it is even recommended to advise more than 15 minutes in advance, this being the minimum time required for a good service.

  • OTHER ASPECTS OF THE SERVICE PROVISION

Both to collect and deliver the vehicle, Ibiza Valet Parking will make its best effort to ensure that the Agent is in the designated point at the agreed time. Ibiza Valet Parking will not be liable for the losses caused to the User due to traffic, weather or other incidents considered cases of force majeure and which may cause delays in the provision of the Service.

On its part, the User must duly inform if they are going to arrive late to the agreed place. The Agent may wait for the User, notwithstanding the fact that in view of a delay of longer than five (5) minutes with respect to the agreed time, they can request that the User cancel the old request and make a new request, with the aforementioned surcharge, in the event that the Agent has already justify for the delivery location.

The User expressly authorises Ibiza Valet Parking to make a charge on the User’s credit card used for the booking in case of delay, or due to the lack of cancellation of the Service, be it for the collection or delivery.

  • FULLY COMPREHENSIVE INSURANCE

Ibiza Valet Parking reserves the right to contract only vehicles that have FULLY COMPREHENSIVE INSURANCE; if the User does not have it and still contracts the Service, they accept that, in case of any damage that may be caused to their vehicle, it will be the User or their insurance company — or the car hire company — that will be responsible for the payment thereof — or of the corresponding premium — and in no case may anything whatsoever be claimed from the Service, as its Contracting Policy is only vehicles with fully comprehensive insurance. In relation to this, the delivery confirmation will contain the option to indicate “Fully comprehensive insurance” (or not, in which case the User will bear the cost of any damage, including the premium, that may be incurred).

Ibiza Valet Parking has a General Civil Liability Insurance Policy contracted with the insurer Mapfre. However, the items or goods deposited inside the vehicles, defective repairs, internal faults of the vehicles and hidden and/or invisible damage due to a lack of care in the conservation of the vehicle are excluded from the policy. After the return of the vehicle, Ibiza Valet Parking will not admit any claim. Additionally, given the difficulty to detect small impacts or cracks in the windows of vehicles, and the possibility that these may become visible with the change in temperature during the transfers, Ibiza Valet Parking does not accept any liability in relation to this type of damage.

  • THEFT

The fully comprehensive insurance of the vehicle will provide cover in case of theft thereof, without Ibiza Valet Parking accepting liability in any case, although it will use all available means to ensure that it does not happen.

4.3. UNSUBSCRIPTION FROM THE SERVICE

The User may unsubscribe from contracted Service through the Platform when they wish, by express communication to contacto@ibizavaletparking.com, indicating their Username and the specific service from which they wish to unsubscribe. Ibiza Valet Parking will verify that there are no outstanding payments. Once the corresponding verification has been completed, it will send the User a conformation of the unsubscription process.

When the unsubscription from the Platform takes effect, all the functionalities will cease to be available.

In any case, the User may request a new registration, although Ibiza Valet Parking reserves the right not to admit said registration in the cases in which that set forth in these Conditions of Contract and/or in the Platform’s Privacy Policy, as well as in any additional rules of conduct that Ibiza Valet Parking may approve, is infringed. Additionally, Ibiza Valet Parking has the right not to admit said registration in case of a conflict or dispute to be resolved or which has ended with recognition of fault or negligence of the User and/or harm to Ibiza Valet Parking, its employees and associates, or its Users, customers or potential customers.

  1. USE OF THE PLATFORM

The access, browsing or use of the Platform and the Services for unauthorised and/or unlawful purposes will be the exclusive responsibility of the User. For illustrative purposes, without constituting and exhaustive list, the following is prohibited:

  • Using the Platform or Services for unlawful purposes;
  • Using the Platform in order to cause harm, inefficiencies, interruptions or similar defects in the functionality of the Platform or electronic structures of Ibiza Valet Parking or any third party;
  • Using the Platform for the transmission of malware, viruses or similar programs, or to publish or disseminate offensive, racist, degrading or pornographic content that could cause disturbance to people;
  • Using the Platform to the detriment of the interests of Ibiza Valet Parking;
  • Registering on the Platform with a false identity;
  • Using the Platform for publicity purposes, such as the sending of spam or other similar methods;
  • Breaching the security measures established by Ibiza Valet Parking;
  • Performing actions to saturate the program, harming the proper functioning of the Platform; and, in any case,
  • Using the Platform illegally.

In the event that one of the cases listed in the foregoing section arises, Ibiza Valet Parking reserves the right to adopt the measures it deems appropriate.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Based on the Conditions of Contract, Ibiza Valet Parking grants the user a limited, non-transferable, revocable, non-sublicensable and non-exclusive licence for the access to and use of the Platform on the User’s personal device. Any right not expressly granted will be reserved by Ibiza Valet Parking.

(The User or any third party will be restricted from performing the following actions: (i) reproducing, amending, preparing derived works, distributing, licensing or exploiting the Platform or Service in any way when not expressly permitted by Ibiza Valet Parking; (ii) decompiling or performing reverse engineering on the Platform; (iii) linking, reflecting or framing any part of the Service; (iv) deploying or launching any type of program to perform any action related to data mining or actions to harm the operation and functionality of the Platform; or (v) removing, amending or performing any similar action to alter the copyrights of Ibiza Valet Parking on the trademark, its Platform or its Service.

In any case, the intellectual and industrial property rights on the Service, as well as the Platform, will remain the property of Ibiza Valet Parking. Neither the use of the Platform nor the acceptance of the Service entails the transfer or granting of any right: (i) in relation to the Service, except the aforementioned licence; or (ii) to use or mention the company names, logos, product and service names, trade names or other similar elements in any way, except in the cases in which Ibiza Valet Parking expressly grants this right.

  1. PRICE AND PAYMENT METHOD

The applicable rate will be that indicated on the Platform. They may be modified at any time. Moreover, the promotions and other agreements will be applied on an individual or collective basis, and so, given that they are special cases, it will not be compulsory to publish them.

All the prices of the services are included along with the rest of the description of the services.

All the prices shown are final prices, expressly including value-added tax (VAT). The foregoing notwithstanding, the final price will include all the applicable increases or discounts, costs charged to the User and additional costs for supplementary services, payment methods, fees, etc.

The price of the services marketed on the Platform is included along with the information describing each of them, and is indicated, in any case, in the official currency of Europe, the euro (€).

  1. PAYMENT AND BILLING

The payment will be made to Ibiza Valet Parking for the service contracted. Once the User has made a booking and the corresponding payment, the Service will send the User an email containing all the information relating to the acquired services.

In any case, the payment of economic amounts over the internet will be by means of the platform provided by an external entity, which, in any case, will be housed on a platform under secure SSL protocol. The payment of the Service booking will be made by credit card.

In any case, the purchase will only be effective when Ibiza Valet Parking receives confirmation of the payment from the entity that owns the secure payment gateway. If the transaction is denied by said entity for any reason, or the full sum corresponding to the amount of the booking (including surcharges for management costs and bank transfer fees) is not provided, it will be suspended, informing the User that the transaction has not been finalised.

  1. ELECTRONIC CONTRACTING

Pursuant to that set forth in Article 23 of Spanish Law 34/2002, of 11 July, on information society services and electronic commerce (Ley 34/2002 de servicios de la sociedad de la información y de comercio electrónico), the agreements entered into electronically will have all the effects envisaged in the legal system when the consent is present and the other requirements necessary for their validity are met.

In any case, the electronic support in which these Conditions of Contract entered into electronically are included will be admissible as documentary evidence in case of a dispute between the parties.

For these purposes, it will be understood that the completion of all the phases of the purchase process and, as applicable, the payment of the corresponding economic amount, necessarily entail the granting of the consent required for contracting.

Similarly, and in accordance with that set forth in Article 27 of Spanish Law 34/2002 on information society services and electronic commerce, all the information relating to the contracting procedure, which will only be applicable if the User decides to proceed with the contracting through the Platform, is placed at the disposal of the User prior to the initiation of said process.

  1. CUSTOMER SERVICE

Ibiza Valet Parking, as the party responsible for the Platform and for the marketing and sale of the services offered through it, places a customer care service at the disposal of the Users, available from Monday to Friday during office hours. If there are changes, this will be notified by the corresponding means, and due attention will be given to all queries, complaints and suggestions raised in relation to the purchase of the services through the Platform.

Specifically, the contact channels placed at the disposal of the User are the following:

– Telephone: +34 683134728

To file complaints on the use of the Ibiza Valet Parking services, you can send an email to the email or postal address indicated in the “Identification” section, and Ibiza Valet Parking undertakes to seek an amicable solution to the conflict at all times.

We will respond to complaints or queries received as soon as possible.

There are complaint sheets available to the consumer and/or User.

  1. LIABILITIES

11.1.

The parties undertake to comply with their legal and contractual obligations arising under this agreement.

Each of the parties will be held harmless vis-à-vis the other party in view of any error, fault or negligence not attributable to it, and any loss derived from said infringements or errors attributable to the other contracting party.

It is understood that Ibiza Valet Parking is a service provider, with the respective liability limitations that this entails. In the cases in which the applicable legislation so permits, Ibiza Valet Parking is exempt from any obligation and/or liability that, for such purpose, corresponds to the Agent or any other third party, including the management companies of the car parks where the vehicle will be parked, when the vehicle subject to this agreement is in their keeping. In no case will Ibiza Valet Parking be liable for any damage or fault that arises in the vehicle spontaneously, or for the losses due to cause of force majeure, including, by way of illustration and without constituting an exhaustive list, fire, water, theft or natural disasters.

11.2. Fully comprehensive insurance

Additionally, the User guarantees that, during the term of this Service, they have contracted a fully comprehensive insurance policy covering civil liability which is compulsory in accordance with Spanish Royal Legislative Decree 8/2004, of 29 October, approving the Spanish Civil Liability and Motor Vehicle Insurance Act (Real Decreto Legislativo 8/2004 que aprueba la Ley sobre Responsabilidad Civil y seguro en la circulación de vehículos a motor), and Spanish Royal Decree 1507/2008, of 12 September, approving the Compulsory Motor Vehicle Civil Liability Insurance Regulations (Real Decreto 1507/2008 por el que se aprueba el Reglamento del seguro obligatorio de responsabilidad civil en la circulación de vehículos a motor), with the User assuming all the liability that may be derived from the breach of said obligation and Ibiza Valet Parking being exempt from any third-party action or claim as a result of the breach thereof.

Ibiza Valet Parking accepts no liability for the damage caused by the car parks where the vehicles will be parked, which is the responsibility thereof. The foregoing notwithstanding, Ibiza Valet Parking will make its best efforts to try to solve any problem derived from the parking service, in order to secure Users a satisfactory solution.

  1. CONFIDENTIALITY AND DATA PROTECTION

Pursuant to that set forth by Spanish Organic Law 15/1999, of 13 December, on Personal Data Protection (Ley Orgánica 15/1999 de Protección de Datos de Carácter Personal), all the personal data provided during the use of the Platform will be processed in accordance with that set forth in the Privacy Policy, which the User must expressly accept to be able to use and register on the system.

The User expressly agrees:

  • To the inclusion of the personal data provided, as well as any other data that may be provided throughout the contractual relationship, in a file, automated or not, of which the responsible party is ISLAND SERVICE, L.U. (hereinafter, ISLAND SERVICE), with registered office at c/ Calle Cataluña 27 2 B, Ibiza, the sole recipient of the data, for the performance of the contractual relationship, the management of the activity, and the maintenance, development and control of the contractual relationship.
  • The recording of the telephone calls made to the contract telephone numbers of ISLAND SERVICE for the purposes of controlling the quality of the calls and managing incidents and complaints.

All the data collated, as well as the previous data processing, are essential for the establishment and development of the contractual relationship.

If any variation occurs in the data provided to ISLAND SERVICE for their processing in accordance with that envisaged in this clause, the User will inform ISLAND SERVICE so that it can proceed to make said amendment.

The User authorises ISLAND SERVICE:

  1. To perform segmentations in order to use the data contained in the files of the company for marketing studies, adaptation of advertising in accordance with the segmentations performed, statistical analyses, customer profile development and for the completion of the publicity and commercial campaigns indicated in the following point.
  1. To send publicity and commercial information, including by electronic means, on products or services of ISLAND SERVICE or related to feed and finish systems for printing, personalisation and mailing of cards and similar materials, including information adapted to their personal circumstances.

At the end of the contractual relationship, ISLAND SERVICE may continue to make use of the data for commercial or advertising purposes, in the terms indicated in this clause, until the User revokes the consent given or, in any case, until one year after the full termination of the contractual relationship.

Opposition to the data processing indicated in points 1 and 2 above will not entail any harm for the User. If they do not wish to authorise said data processing, the User may state their opposition in writing for free by any of the means stated in the following paragraph. In case of contracting in person, they must state their desire not to authorise said data processing for advertising purposes upon signing the agreement. In any case, they may exercise their opposition by calling +34 683134728 or by contacting the email address indicated in the last paragraph of this provision.

The User may exercise the rights of access, rectification, cancellation and opposition by accessing the user portal of the website www.ibizavaletparking.com, or by sending a written request to the ISLAND SERVICE Customer Service Department (Departamento de Atención al Cliente de ISLAND SERVICE), at C/ Cataluña 27 2 B, Ibiza, or by email at contacto@ibizavaletparking.com.

  1. TERM AND AMENDMENTS

Ibiza Valet Parking may terminate the agreement when it detects an unauthorised or allegedly unauthorised use of the service offered, be it due to breach of these Conditions of Contract or due to any other objective cause. If Ibiza Valet Parking exercises this power, it will not assume any obligation or responsibility, and nor will it return to the User the payments previously made.

For their part, the User may terminate these Conditions of Contract at any given time by unsubscribing from the Platform. However, the obligations that may remain in force after the termination will continue to bind both parties as stipulated.

In any case, Ibiza Valet Parking recommends that these Conditions of Contract be regularly consulted as they are subject to change. In the event that said amendments are made, you will be informed in advance for your acceptance or rejection. You will be considered to have expressly accepted said amendments or updates if you make another booking through the Platform. If accepted, the amendment and entry into force of the new agreement will fully replace the conditions in force between the parties and will take effect in the new purchases or bookings made after the date of acceptance of the new conditions.

  1. SEVERABILITY CLAUSE

All the clauses or points in these Conditions of Contract must be interpreted independently and autonomously, and the remaining provisions will not be affected if one of the clauses is declared null by a final judicial judgment or arbitration ruling. The clause or clauses affected will be replaced with another clause or other clauses that preserve the effects sought by the Platform Conditions of Contract.

  1. DISPUTE RESOLUTION

Ibiza Valet Parking and the User, expressly waiving any other jurisdiction that may correspond to them, submit to Spanish legislation and the Courts and Tribunals of the city of Ibiza.

Latest update: 7 June 2017