Party Leader means the person who makes the booking and is responsible & liable for the booking.
1. Booking your rental villa
1.1 The Party Leader accepts these terms and conditions.
1.2 Once you confirm the property and dates you wish to book and the rental price in writing, we will make final availability enquiries with the Owner. We will then confirm the booking by sending you an email with “Booking Reservation”.
1.3 Regular bookings are bookings made more than 6 weeks before the check-in date and these will require a payment of 50% of the total rental price at time of booking and the balance of 50% six weeks prior to check in date. Late (or last minute) bookings are bookings made less than 6 weeks from check in date and these will require 100% payment at the time of booking. Once you have completed your first payment your booking is confirmed.
1.4 Property availability, conditions and prices are subject to change prior to us confirming your booking.
1.5 We must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the “Booking Reservation”.
1.6 Evolve Ibiza will not guarantee an early check in or late check out unless specified in the booking confirmation, but we will try to accommodate to your needs. The change of time will only be valid if you have received this in writing from us.
2. Paying for your rental villa
2.1 You must pay 50% of the Rental Price (non-refundable) to us by bank transfer within 2 (two) Business Days of receipt of the “Booking Reservation” to confirm your booking. Once the deposit is paid you will be bound by these terms and conditions and your booking confirmed with the property reserved for you. The remaining 50% must then be paid by bank transfer (cleared funds) at least 6 weeks (30 working days) before the Rent Commencement Date. If you book within 6 weeks of the Rent Commencement Date this will constitute a late booking. We must receive full payment of the Rental Price (cleared funds) within 2 (two) Business Days of the “Booking Confirmation” email, and in any event prior to the Rent Commencement Date, to guarantee the Property is reserved for you. Once this payment is made you will be bound by these terms and conditions.
2.2 A refundable security deposit (to cover charges, including but not limited to, loss, breakage, unpaid local charges, excessive cleaning and additional maintenance), must also be paid to us (cleared funds) 10 working days prior to check-in date.
2.3 The security deposit is refunded within 20 days of the end of the Rental Period, subject to any deductions. We reserve the right to deduct charges from this deposit for the use of the telephone. We also reserve the right to retain the full security deposit until the Owner confirms there is no damage to the Property. Should the security deposit prove inadequate to fully cover any costs that may arise, we reserve the right to invoice you for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.
3. Amending your booking
3.1 If, after your booking is confirmed, you wish to amend your booking (i.e. The chosen date of departure or the Rental Period), we will try to accommodate these changes, but it may not always be possible. Any extension of the Rental Period may require you to transfer to a different property (Second Property) for the extended part of the Rental Period. If you are unwilling to transfer to a Second Property for this extended part, you may make another booking for another property (Replacement Property) for the total revised Rental Period (further references to a Property shall include any such Replacement Property), however, condition 4 (excluding 4.1) shall apply to any cancellation of your booking for the original Property
3.2 Any request for changes to your booking must be made to us in writing from the Party Leader and will only be incorporated into the Booking if confirmed by us in writing.
3.3 If you vacate the Property before the end of the Rental Period you must let us know. We will not provide a refund for the remaining duration of the Rental Period and in such circumstances we reserve the right to allocate the Property to another booking. If you vacate the Property early without informing us you will waive any rights to claims made against the security deposit by the landlord.
4. Cancellation of the booking by you
4.1 You are deemed to have cancelled your booking if:
4.1.1 the Party Leader provides written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by us);or
4.1.2 condition 9 applies.
4.2 Where condition 4.1 applies, we will use our reasonable endeavours to allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee (Cancellation Fee) shown in condition 4.3 is then payable by you (pro-rata in the event of an allocation for only part of the Rental Period). If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.
4.3 Cancellation Fees are based on the total Rental Price, are calculated from the Rent Commencement Date and are as follows:
4.3.1 The 50% deposit is non-refundable.
4.3.2 Up to 93 days (3 months) before the rental – 50%; reimbursement of the total rent.
4.3.3 From 30 – 92 days – 25% reimbursement of the total rent From
4.3.4 Within 30 days – no refund of the total rent.
4.4 If the Cancellation Fee has not been settled in full (cleared funds) by the Rent Commencement Date we reserve the right to charge interest at 3% above the base rate of National interest accruing daily and being compounded monthly until such debts have been settled in full.
4.5 In case of any cancellation there will be a minimum 350€ per booking administration fee.
5. Cancellation of the booking by us
5.1 In the unlikely event we need to cancel your booking (for reasons beyond our reasonable control) we will advise you as soon as possible.
5.2 If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size) within our portfolio with the same Rent Commencement Date and Rental Period. If we cannot, you have the following options:
5.2.1 Agree to your booking being transferred to another property with a different Rent Commencement Date, subject to availability. If the alternatives are of a lower price than that originally booked, the difference (if already paid by you in accordance with condition 2.1) will be refunded. If the alternatives are more expensive than that originally booked, you must pay the difference within 7 days of confirmation and in any event prior to the Rent Commencement Date; or
5.2.2 Cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration charges incurred in accordance with condition 3.3 and any charges we have incurred in accordance with condition 2.
6. Property Descriptions
6.1 We aim to ensure that information provided by Owners is accurately advertised by us. However, small differences between the actual Property and its description may occur. We shall not be held liable for any differences of opinion as to the condition or quality of the Property.
6.2 Occasionally, due to problems outside of our control, some services or facilities may become unavailable at the Property. If this is the case, we will notify you as soon as is reasonably possible after we have been informed. Such notification shall not constitute a cancellation in accordance with condition 5.
7. Occupation of the Property
7.1 It is your responsibility to inform us of your arrival details in writing. We are not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details within 24hrs prior to arrival.
7.2 Unless otherwise agreed in writing, the Property will be available from 4pm on the Rent Commencement Date and you must vacate the Property by 11am on the last day of the Rental Period. If you fail to vacate the Property by 11am on the last day of the Rental Period, we reserve the right to charge you for an extra day (or longer where appropriate), pro-rata to the Rental Price. In the event of your arrival being before 4pm we will agree to meet you in a place different to the airport, agreed in advance at 4pm and guide you to the property.
7.3 Although we make every effort to accommodate late arrivals on prior request in writing, arrivals after 10pm on the Rent Commencement Date (or 10pm on a later date if you do not arrive on the Rent Commencement Date), including delays due to delayed or cancelled flights or ferries, will be subject to a late check-in fee.
7.4 It is your responsibility to ensure that the Property’s inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified, you will be deemed liable for any discrepancies found at check-out. Note that moving furniture is not allowed in any property unless agreed in writing prior or during your stay.
7.5 Unless otherwise agreed in writing, no pets are allowed in the Property.
7.6 All keys and other devices for the Property or its contents are your responsibility during the Rental Period. We reserve the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all returned during check out.
7.7 Our representative and/or our agents may require access to the Property during the Rental Period for any necessary repairs or maintenance. We will give you at least 24 hours’ notice, except in an emergency. In the event of living in housekeepers these will have the right to continue living and sleeping within the property as house managers, housekeepers and maintenance of the property.
7.8 We accept no liability for the intermittent failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the Property, but we shall use our reasonable endeavours to arrange their repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and / or construction works near the Property.
7.9 Where the Property is advertised as having Sky / digital television, we cannot guarantee access to as many channels as you may receive at home. Any requests for access to specific channels must be made in writing to us at least 30 days before the Rent Commencement Date. All requests are subject to availability and are not incorporated into the “Booking Reservation Step1” email.
7.10 All information contained in our welcome pack is intended to be a guide only.
8. Our liability to you
8.1 Subject to condition 8.7, we are not responsible for any death or personal injury caused by negligent acts and / or omissions of the Owner.
8.2 We do not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.
8.3 The Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such the Property, may not be suitable for you – we do not represent that any Property is totally child friendly. All swimming pools are used at your own risk. You accept complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and / or any drugs or medicine of any kind.
8.4 If you are injured whilst at the Property, you must report the incident to us within 24 hours of it happening, consult a local doctor and consult your insurance when you return home. If you make a claim against us in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.
8.5 The Company does not act as an agent for any supplier of activities, facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints, claims, loss or damages in relation such services.
8.6 We do not accept any liability for any loss or damage to your property or for any distress howsoever arising.
9. Customer Behaviour
9.1 If in our opinion, the opinion of the Owner or the opinion of our representative, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we have the write terminate the Contract and you will be required to vacate the Property immediately. We will have no further liability to you causing the loss of 100% of your damage deposit.
9.2 No parties or other functions, including commercial activities, may be held at the Property without our prior written consent. In the event of you holding a party this could mean a loss of your damage deposit and in addition the immediate evacuation of the property. No DJ / Mixing Equipment is allowed on the premises without prior permission of the owner.
9.3 In the event of the police coming for any noise or disturbance caused to the neighbours you will be responsible for any outcome of this event. Including a potential fine.
9.4 Each Property has a maximum number of permitted guests and unless we otherwise agree in writing you may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.
9.5 Some Owners do not allow some parties or parties made up of members under the age of 25 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the Owner’s sole discretion to accept such bookings.
9.6 You must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.
9.7 If you breach any of conditions 9.2 to 9.4 (inclusive), or misrepresent the information given in relation to any of them, we reserve the right to take the following action against you:
9.8.1 denying you entry to the Property; and / or
9.8.2 retaining the full amount of your security deposit (should the security deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined); and / or
9.8.3 eviction from the Property.
9.9 If you are evicted from the Property in accordance with condition 9.6, the agreement will be deemed cancelled by you and condition 4.3.4 shall be deemed to apply and you will be liable to reimburse all our related expenses. You will not be entitled to receive any refund.
9.10 Subletting is illegal and will cause the loss of your full deposit as well as the evacuation of the party leader and all his/her guests immediately.
9.11 In case of any damage this will be deducted from your security deposit. You will be sent an invoice as well as picture to justify the charge within a maximum of 20 days after your departure.
9.12 The administrative charges for any damage you or any of your guests may have caused will be deducted from the security deposit and will be:
9.12.1 Up to 500€ damage admin charge of 30€ + TAX
9.12.2 Up to 500€-3.000€ damage admin charge of 50€ + TAX
9.12.3 Up to 3.000€-10.000€ damage admin charge of 80€ + TAX
9.12.4 More than 10.000€ damage admin charge of 150€ + TAX
9.12.5 You must pay the security deposit within 10 days of Check in. Note that in the event of the security deposit not being paid we reserve the right to denying you access to the property for unfulfillment of the contract.
9.12.6 You will be refunded the security deposit 20 working days after your check out day
9.12.7 The security deposit is in no way a payment method but only a provision for any damage you may cause and this security deposit cannot be used to pay any bill you may have incurred during your stay.
10.1 You must provide your own travel, medical and any other insurance you require and all such policies must be in force for the entire Renal Period.
11.1 In the unlikely event that you have a complaint please promptly report it to us in writing.
11.2 All formal complaints must be made to our local representative by the Party Leader as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full, in writing to us within 7days of the end of the Rental Period. Any complaint received after this period will only be considered by us at our sole discretion as it may prove difficult to investigate or rectify your complaint.
12. Data protection policy
12.1 You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with your travel arrangements.
13.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent.
18.1 These terms and conditions together with the Agreement contain the entire agreement between the parties and may not be varied, save as agreed in writing between the parties.
18.2 The contract may be executed in counterparts, and signatures executed in counterparts shall be deemed to be the complete and original document, and shall have the full force and effect as an original. For purposes of a contract, copies of signatures shall be treated the same as originals. Additionally, contracts may be signed and delivered by means of a facsimile machine, PDF, or electronic signature, shall be treated in all manner and respects as an original. By signing the contract, either by electronic signature or hard copy, you expressly agree to all the terms and conditions laid out herewith.
All of Evolve Ibiza’s boats have rental licenses and full insurance. Each vessel has comprehensive safety equipment. Smart Charter only works with qualified and professional crews.
2. Booking of a vessel
The reservation of a vessel only becomes effective upon receipt of 50% of the total rental price. The remaining 50% is to be paid before boarding.
3. Methods of payment
Payments are accepted in the following formats:
Cash in Euros
Credit cards: only for certain boats
Fuel is not included in the rental price. Our staff will specify the recorded average consumption prior to departure. Fuel payment is made on morning of the charter.
5. Mooring Charges
Our boats are moored in the port of Ibiza, mooring costs for day charters are included in the price. Moorings outside the base port are not included in the price and will be subject to an extra charge. Week charters are to be discussed upon booking.
6. Departure and Return Times
The departure time will be set during the booking procedure and will be discussed in order to meet both client’s and captain’s preferences.
7. State of the vessels
All boats are new or nearly new and in perfect mechanical and cosmetic condition.
8. Complimentary inclusions
Evolve Ibiza provides complimentary water, soft drinks, ice and freshly laundered towels. Please ask our staff about any special orders such as champagne, cava, wines, cocktails etc. Your attendant will prepare and serve drinks, aperitifs, nuts and snacks. Lunch on board can be arranged with prior notice and will incur an extra charge. Please discuss the options available with our staff.
9. Restaurant Reservations
Ask our staff to make table reservations on your behalf. The crew will remain on board to look after your belongings and the vessel.
10. VERY IMPORTANT – Maximum Capacities
In Spain the maximum capacity on board a boat or yacht, whatever its length, is:
12 people maximum including the captain.
On a yacht 12 people maximum + crew if the license permits.
11. Groups of 13 or more
Several options are available to accommodate larger groups. Please discuss your needs with our staff members.
1. USE OF THE CAR
It´s strictly prohibited under possible loss of all rights:
1.1. Driving the vehicle persons not authorized by Evolve Ibiza and stated on the reverse.
1.2. Participation in races or contests of any kind.
1.3. To use the vehicle for the transportation of goods.
1.4. To use the vehicle to push or tow other vehicles.
1.5. Driving the vehicle under influence of alcohol and/or drugs.
1.6. Travelling in the vehicle more persons than the number specified by the Law for that particular vehicle.
1.7. Cars may only be driven on the island of Ibiza
1.8. Evolve Ibiza will also provide the client who requires a baby chair, elevator seat, homologated supplements. But the renting party, driver, with the present renting contract will be responsible of the assembly and fastening of these accessories in the inside of the car, as the ages of the children correspond to each system of security, exempting Evolve Ibiza of all responsibility from any damage that could suffer the user of mentioned system.
1.9. It is not allowed to transport animals inside the vehicle.
1.10. It is strictly forbidden to use the vehicle as a taxi for public use.
2. RETURN OF THE VEHICLE
2.1. The client will return the vehicle in the place and on the date stated on the reverse and undertake to keep the vehicle, it´s equipment and tools in perfect conditions. Any kind of change should be previously authorized by Evolve Ibiza. Should this condition not be obeyed, Evolve Ibiza can lawfully demand the return of the vehicle. There is a courtesy period of 60 minutes, after which an additional day shall be charged.
2.2. Evolve Ibiza is fully authorized to withdraw the vehicle of the client at any moment when there is a suspicion that the client is involved in illegal activities, that the vehicle is used in illegal activities or if there are doubts about his solvency.
2.3. The safety deposit will not be refunded until the personnel of Evolve Ibiza have checked the vehicle.
2.4. The tank of the vehicle is give full and must be returned in the same conditions. If the car is returned in different conditions, the client will be charged for the fuel missing plus a supplement of 15€ as refueling service
3. CHARGES OF THE RENTAL
The client promises to pay to Evolve Ibiza:
3.1. The charge of the rental of the vehicle, delivery and collection, insurance, petrol and taxes as indicated in the current rates. On signing the contract, the client shall pay the estimated amount of the lease, plus the applicable amount determined in the current rates as a deposit. This amount shall be returned to the client upon termination of the contract providing it has not been used to pay for any extraordinary charge incurred by the client. A credit card is required to guarantee the rental payment. We will ask you for an open charge on your credit card for petrol and extras.
3.2. The costs of repair or damage caused to the vehicle in case of accident when in accordance with the circumstances as described in articles 1 and 4 of these conditions and the charge of repair including towing charges or any additional expenses when it´s shown that this is due to inexperience or misuse of the vehicle by the client or authorized drivers.
3.3. Traffic fines, reports and official statements draw up against the client or the additional drivers.
3.4. The cost of missing tools, jack tires, wheel rim, emergency triangles, luminous vest and other accessories of the rented vehicle. In the event of loss, damage or stolen of the keys of the vehicle, also the client will have to pay the cost of the new keys which is approximately between 25 and 150€ depending on the model. As well the loss of helmets is 20€, triangles 20€ and the security jackets 10€.
3.5. The number of days in which the car is immobilized due to accidents, mechanical failure or towed away or retained by the Authorities due to client´s negligence, which the client will compensate in accordance with the current rates of the type of vehicle rented.
4. INSURANCE, RESPONSIBILITY AND ACCIDENTS
4.1. Evolve Ibiza is not responsible for traffic fines, reports and official statements drawn up against the client or accidents even in case these are due to mechanical failure.
4.2. Only drivers authorized by Evolve Ibiza are entitled to the status of being assured.
4.3. The Civil Responsibility of the client with respect to the damages caused to the vehicle in case of fire and theft is totally covered and partially in case of an accident with an insurance excess according to the current rates. This excess is waived if the client at the time of the rental obtains the collision damage coverage.
4.4. In case of accident the client is obligated to the following (under possible loss of insurance):
4.4.1. Contact Evolve Ibiza within 24 hours from the time that the accident occurred.
4.4.2. Obtain and submit to Evolve Ibiza all of the data of the other party and possible witnesses within 48 hours after the accident occurred specifying details about the circumstances, the place, date and time of the accident.
4.4.3. Notify immediately the Authorities if the fault of the other party should be investigated or if there are persons injured.
4.4.4. Not to admit or prejudge with whom the blame lays.
4.4.5. Not to abandon the rented vehicle without previously taking the necessary measurements to protect it.
4.5. The insurance excludes:
4.5.1. Accidents due to the influence of alcohol and drugs
4.5.2. Drivers without a valid driving license and drivers not authorized on the contract.
4.5.3. Damage to glasses, damages to the wheel rims or to the tires
4.5.4. Damages caused when the vehicle is driven on untracked roads or roads in bad conditions, or damages due to accidents occurred on untracked roads
4.5.5. Damages caused before or after the rental period started in the contract.
4.5.6. Carried clothing, luggage or other articles inside of the vehicle. Evolve Ibiza declines all responsibility for injuries to third parties or damage to the vehicle if the client or the authorized drivers deliberately supplied Evolve Ibiza with false information of his identification, address, driving license etc.
4.5.7. Damages caused to the undercarriage of the vehicle.
4.5.8. The expenses to send a replacement of the vehicles set of keys to the nearest location because of loss, damage, to deliver them at a different location of the agreed return of the vehicle or any other situation when the vehicle is immobilized because of the renter. The company will also be able to charge the renter the cost of the extra days that the vehicle is immobilized because of any of the above mentioned circumstances.
4.5.9. Error of fuel and all the costs involved.
4.5.10. Burnt clutch due to misuse.
5. APPLICABLE LEGISLATION AND JURISDICTON.
5.1. This contract shall be ruled upon and interpreted according to the laws of the country where it is signed.
5.2. Any disputes that may arise under this contract between the Renting Party and the Lessor shall fall within the competence of the Courts corresponding to the area of the head office of the rental company.
6. DATA PROTECTION
6.1. In accordance with the article 5 of the organic Law 15/1999, from December 13th of Personal Data Protection (from now onwards PDP), we inform you in a sharply stated, precise and unequivocal way that the data you provided us with and also those generated during your relationship with our company will be object of a treatment in folders responsibility of Evolve Ibiza with the aim of maintenance and attachment client-enterprise, including the remittance of communications and informative circular files of interest for the client on the frame of the before said relationship. Your data will be given way in all those cases in which it were necessary for the development, fulfillment and control of the relationship client-enterprise, or if authorized by legal procedures, in which case your data can be ceded, without limitation or excluding character to the police, in fulfillment of the article 12 of the Organic Law 1/1992 of February 21st, about protection of citizen’s security and the order of September 16th 1974 about governmental control of rental cars with or without driver, in development of the second article of the Royal Decree 393/1974, from February 7th.