Use Of The Website
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (v) all information supplied by you on this Website is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to the price of the Products), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for Products booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- Use this Website or its contents for any commercial purpose; make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Website (including, without limitation, the purchase path for any Products) for any purpose without our express written permission; or”frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Supplier Rules And Restrictions
Separate terms and conditions will apply to your reservation and purchase of the Products that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of rates, products, or services. You acknowledge that some third-party providers offering certain Products may require you to sign their liability waiver prior to participating in the Products they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable Product, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
Prepaid Product Reservations
You acknowledge that we pre-negotiate certain rates with Product suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate for the Products reserved on your behalf by us and the service fee retained by HIRE BOAT IBIZA to compensate us for our services. You authorize HIRE BOAT IBIZA to book reservations for the total reservation price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees. You agree that your credit card will be charged by HIRE BOAT IBIZA for the total reservation price. Upon submitting your reservation request you authorize ibizawatersports.es to facilitate reservations on your behalf, including making payment arrangements with Product suppliers.
You acknowledge that HIRE BOAT IBIZA does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid Product transactions are a recovery of the estimated transaction taxes (e.g. sales and use, excise tax, value added tax, etc) that HIRE BOAT IBIZA pays to the Product supplier in connection with your Product reservations. The Product suppliers invoice HIRE BOAT IBIZA for tax amounts. The Product suppliers remit applicable taxes to the applicable taxing jurisdictions HIRE BOAT IBIZA does not act as co-vendors with the supplier with whom we book or reserve our customer’s Products. The actual tax amounts paid by HIRE BOAT IBIZA to the Product suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Product by our customers. We retain our service fees as compensation in servicing your Product reservation.
You may cancel or change your prepaid Product reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the Product reservation. In addition, if you do not cancel or change your reservation before the cancellation policy period applicable to the Product you reserved, which varies by Product (usually 24 to 72 hours), you will be subject to a charge of applicable rates, tax recovery charges and service fees.
You agree to pay any cancellation or change fees that you incur. In limited cases, some Product suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the Product reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid Product reservations If, despite the limitation above, the HIRE BOAT IBIZA Companies, the HIRE BOAT IBIZA Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Companies, the Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) One-Hundred euros (100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the HIRE BOAT IBIZA Companies, the Hangloose Ibiza Affiliates, and/or their respective suppliers.
You agree to defend and indemnify the HIRE BOAT IBIZA Companies, the HIRE BOAT IBIZA Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
Links To Third-party Sites
This Website may contain hyperlinks to websites operated by parties other than HIRE BOAT IBIZA . Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software Available On This Website
Any software that is made available to download from this Website (“Software”) is the copyrighted work of HIRE BOAT IBIZA , and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the HIRE BOAT IBIZA Companies, HIRE BOAT IBIZA Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. the software is warranted, if at all, only according to the terms of the license agreement.