Terms of Use and Sale
Last update: April 20th, 2023
1.- Ownership
This site is owned and operated by Ibiza Trend Pitiusas S.L (hereinafter Ibiza Social), with
domicile in Ctra. from Platja d'en Bossa, 16, Edificio Geminis, 40 bajo, 07817 Ibiza,
Balearic Islands, Spain.
Tax ID: B16628091
Email:
2.- Acceptance
This online service allows, through its API or Application Programming Interface,
automated translations of e-commerce or websites (hereinafter, the Service). Ibiza Social
is subject to the following terms and conditions: these Terms of Sale and Use, our Privacy
Policy and Cookie Policy.
When you use the Service, you accept our terms and conditions and with this you agree
not to use it for illegal purposes.
On the other hand, we inform you that for legal reasons we archive the electronic
documents in which purchases are formalized. You can access these documents at any
time by requesting it at:
The invoices will be issued electronically, but you can request a paper copy whenever you
want.
3.- Description and Use of the Service
3.1.- Description
The service constitutes a technology platform that allows Ibiza Social users to book stays
in accommodations from various hosts, according to their preferences, date, location and
type of stay and which will be provided by those third-party providers that register
independently with Social Ibiza.
In the same way, the different hosts can offer their accommodations so that they can be
reserved by the users. In addition, the service can be provided by agents attached to Ibiza
Social.
In this way, Ibiza Social offers you the right to use a platform that allows users to publish,
offer, search and book services from a Host. When users make or accept a reservation,
they enter into a contract directly with each other. Ibiza Social is not one of the parties nor
does it intervene in any other way in the contractual relationship between users. Ibiza
Social only acts as a collection agent in accordance with the provisions of these Terms of
Use and Sale.
Therefore, Ibiza Social doesn’t and cannot control the conduct or good work of Guests
and Hosts and doesn’t guarantee i) the existence, quality, safety, suitability or legality of
any Advertisement or Host Service or ii) the veracity or accuracy from listing descriptions,
reviews and other member contributed content.
In this way, you acknowledge that Ibiza Social doesn’t have the general obligation to
supervise the use of the platform or to verify the information provided by users, but does
have the right to review, disable access, delete or edit content to manage, protect and
improve the platform for the purposes of fraud prevention, risk assessment, investigation
and customer service.
3.2.- Provision
In order for us to carry out the provision of the Service, you must register as a User or as
a Provider, completing the requested information with true and exact data.
You can also make reservations through authorized dealers acting as agents. In such
cases, the data you provide at the time of booking will be provided to us by the authorized
agent and
They will be entered into our system in order to manage the service.
After registration, Ibiza Social acts solely as an intermediary between the User and the
Independent Provider.The provision of services is the sole responsibility of the Provider
with whom you decide to make your reservation.
To do this you must select the Provider you want, make the reservation, proceed to your
payment and go to your accommodation. Once the reservation is made, the contract that
encompasses the services provided by the Provider is entered into directly between you
and the Independent Provider. Ibiza Social is never part of that contract.
In this way, the rules that will govern the accommodation, such as the need for a deposit,
will be subject to the terms and conditions established by the host.
3.3.- Use
Users, whether they are potential clients, hosts or agents, agree to use the Service in
accordance with current legislation and the terms and conditions of the platform.
Whether you are a User or Provider, you are responsible for all activity that occurs under
your account and you agree to keep your account username and password secure and
secret at all times. Unless otherwise permitted by Ibiza Social in writing,you may only
have one account per user or provider.
Likewise, users agree not to collect data for advertising purposes, send advertising of any
kind or communications for sales purposes or others of a commercial nature. Nor may
they make available to third parties, for any purpose, data collected on the Service.
In case of non-compliance with these obligations, users must be responsible for them. In
the same way, in the event of damaging, rendering useless, overloading, deteriorating or
preventing the normal use of the materials and information contained in the Service, the
information systems or the documents, files and all kinds of content stored in any
computer equipment of the Service, its members or any user of the Service.
4.- External links
The Service may send you to other websites through links.
However, Ibiza Social does not control those sites or their content, which are in fact
subject to their own terms and conditions. Therefore, Ibiza Social is not responsible for
the quality, veracity or accuracy of these sites.
5.- Age
Regarding the use of the Service, you declare that you are of legal age and that you have
the necessary legal capacity to be bound by this agreement, and use it in accordance with
its terms and conditions, which you fully understand and acknowledge.
If you contract the Service on behalf of a company, you acknowledge that you have
authorization and adequate representation on behalf of the organization to do so.
You declare that all the information provided by you to access the Service, before and
during its use, is true, complete and accurate.
6.- Intellectual and industrial property and license
6.1.- Intellectual and industrial property
The content and information of the Service (among other data, text, sound, image or
computer code), as well as the hardware or software elements used to provide such
content and information, are the property of Ibiza Social or have the corresponding
authorizations for your use.
Ibiza Social is the owner, or has the relevant authorizations, of all associated copyrights,
trademarks, domain names, logos, trade dress, trade secrets, patents and other
intellectual property rights. You may not use our copyrights, trademarks, domain names,
logos, trade dress, patents, or other intellectual property rights unless we expressly grant
you permission to do so.In addition, the modification, reproduction, duplication, copying,
distribution, sale, resale and other forms of exploitation for commercial or equivalent
purposes of the Service are prohibited.
Users and providers undertake not to request, by themselves or through third parties, any
brand, company or commercial name, accommodations label, domain name or similar
name or identification of the products, services or name of Ibiza Social or its providers.
Likewise, it will not request the registration, patent or any other type of legal protection or
attribution of any intellectual or industrial property rights that correspond to Ibiza Social or
its suppliers.
6.1.1.- Claims
Ibiza Social is committed to helping people and organizations protect their intellectual
property rights. Our users and providers agree to our terms by accessing or using our
Service. Our terms do not allow our users to infringe or violate someone else's intellectual
property rights, including their copyrights and trademarks.
To notify us of possible copyright or trademark infringement and request that Ibiza Social
remove any content it maintains on the Service that may be illegal, send us an
infringement notification, including: your contact information, copyrighted work
infringement, content that infringes that work, where that work is on our Service, reasons
why you believe that work is infringing, and your signature.
You can send it to the following address:
6.2.- License
For the provision of the Service we grant you a limited, revocable, non-exclusive,
non-sublicensable or transferable license to use our Service, subject to and in accordance
with our terms. This license is granted for the sole purpose of enabling you to use our
Service in the manner set out in our terms.
7.- Content
7.1.- User and Provider
You can contribute to the Service by sending us messages to our email address, through
the contact form or by sending messages through the platform's messaging system
(hereinafter "Content").
We may use your Content in a variety of ways, such as: displaying it on the website,
reformatting it, translating it into other languages, editing it for clarity, correcting errors,
promoting or distributing it.
Therefore, by sending us Content you grant Ibiza Social a worldwide, non-exclusive, free
license, until the content is withdrawn, transferable and sublicensable on that Content.
That means that the content is still yours, but Ibiza Social, thanks to that license to use,
can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create
derivative works from it, display and perform it throughout the world, by any known means
and for any lawful purpose; and b) use the name you submit in connection with that
Content.
7.2.- Hosts
As a Host, Ibiza Social will configure a profile associated with your accommodations in
accordance with the contract that binds you to us. Subsequently, you will have an account
enabled on the Platform subject to the following obligations:
● You must provide the accommodation service in the terms announced and in
accordance with the reservation made.
● You must comply with your legal obligations in terms of accommodation,
personal data processing, possible tourist licences, declare, collect, liquidate
or include VAT or other applicable indirect taxes, accommodation taxes,
tourist taxes, income taxes or other liens.
● You must maintain an Ibiza Social profile that contains customer service contact
information, including one or more of the following: email address, telephone
number and/or website address. Make sure the information is accurate and up to
date. You must not impersonate another business or accommodation or otherwise
confuse, deceive, defraud or mislead customers as to the nature of your business
and the services provided.
● You must respect the privacy rights of users and honor all requests (both inside
and outside Ibiza Social) that people send to block, interrupt or otherwise
unsubscribe from the communications you send them through Ibiza Social,
including removing that person from your contact list.
7.3.- Agents
As an Agent, Ibiza Social will provide you with an account from which you canstructure
your group of subagents and manage your activities directly from your Personal Area,
from where you can download a pdf for your client and use a payment link to book their
stay. Once the reservation is confirmed and payment is made, you will have access to
direct contact with the owners/managers and manage the arrival of your clients.
Your account must meet the following conditions:
● You must comply with your legal obligations regarding tourism, personal
data processing, possible tourist licences, declare, collect, settle or include
in the price VAT or other applicable indirect taxes, accommodation taxes,
tourist taxes, income taxes or other liens that are applicable in your case.
● You must maintain an Ibiza Social profile that contains customer service contact
information, including one or more of the following: email address, telephone
number and/or website address. Make sure the information is accurate and up to
date. You must not impersonate another company or otherwise confuse, deceive,
defraud or mislead customers as to the nature of your business and the services
provided.
● You must respect the privacy rights of users and honor all requests (both inside
and outside Ibiza Social) that people send to block, interrupt or otherwise
unsubscribe from the communications you send them. by Ibiza Social, including
removing that person from your contact list.
7.4.- Prohibited activities
In addition to what is indicated, you agree not to perform any of the following acts when
using the Service:
a) Access, monitor or copy content or information from this website through the use of
robots, crawlers, data scrapers or any other automated means that allow the website or its
content to be accessed, crawled, indexed, retrieved or otherwise used for any purpose
without the explicit written permission of Ibiza Social;
b) Embed, mirror or otherwise incorporate any part of this website into another without our
prior written permission;
c) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer
any software used byIbiza Social in connection with the Website, including its API;
d) Use the website to infringe third party rights, which includes breach of trust and
infringement of copyright, trademarks, patents, trade secrets, moral rights, privacy rights
or any other intellectual or proprietary rights ;
e) Attempt to obtain unauthorized access to the website, computer systems or networks
connected to the website through hacking, password extraction or any other means. As
well as the transmission of computer viruses, worms, defects, Trojans or other elements
of a destructive nature;
f) Use any device, software or routine that interferes with the correct operation and
security measures of the website.
7.4.- Opinion spaces and platform content
Ibiza Social provides opinion areas that are also subject to these Terms of Use and Sale
As a user of the Service, you will be solely responsible for the use you make of them and
you will use them at your own risk. Ibiza Social won’t edit or control user messages
published or distributed on the website nor will it assume any responsibility or liability for
such user messages, beyond what is legally provided.
However, Ibiza Social reserves the right to delete user messages and content. In these
discussion areas, you may not post any content that is: false, illegal, misleading, libelous,
defamatory, obscene, pornographic, indecent, harassing, threatening, contrary to rights of
privacy or publicity, abusive or fraudulent.
As a user of Ibiza Social, you declare that you are the owner or that you have the
necessary permissions to use and authorize the use of the content shared on the Service
as described, especially in the case of Providers and the content, material, goods or
services that promote through the platform.
In any case, remember that by accessing or using the Service you may be exposed to
content from other users that could be offensive, obscene, inaccurate, objectionable or
inappropriate for any other reason. Ibiza Social does not subscribe to such content nor
can it endorse its accuracy.
However, Ibiza Social reserves the right not to publish any content or information that is
false or contrary to the rights of third parties, as well as to enable an appropriate
replication channel.
8.- Price and taxes
8.1.- User
You understand that the use of the Service may entail charges for the services or goods
that you contract from a Provider.
The price of the contracted services must be paid to Ibiza Social at the time of making the
reservation. Payment will be made as follows:
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Selection of dates and desired accommodations
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Confirmation of availability (this step can be instantaneous or require confirmation
of accommodations)
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Pay: In the case of reservations made more than 30 days in advance, 50% will be
paid at the time of reservation and 50% the week prior to it. For this, a reminder
email will be sent to the client. In case of reservations made less than 30 days in
advance, the full price must be paid at the time of making the reservation.
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Payment methods: The client can make the payment by credit or debit card, bank
transfer or paypal. In cases where the user chooses a bank transfer, since this
may not be instantaneous, they must attach proof of payment before leaving the
platform in order to confirm the reservation.
Subsequently, you won’t have to pay anything else to the selected Provider as a
reservation, although depending on the type of stay and current regulations, the Host may
have to collect the corresponding tourist tax depending on the duration of your stay and
the number of guests.
Likewise, certain Providers may require the payment of deposits or sureties to enjoy it, of
which you will be warned at the time of making the reservation.
Similarly, certain Services could be contracted at the time they are consumed,
independently of the previous reservation or the services included in your reservation and,
in any case, subject to the corresponding price that must be paid to the Provider.
Ibiza Social will act as the limited collection agent of the third party Provider and payment
of the charges will be considered as a payment made directly by you to the Provider,
regardless of the contractual agreements in force between Ibiza Social and the Provider.
Charges will include applicable taxes where required by law, will be final and
non-refundable except as otherwise provided in these terms or the Provider's terms. Ibiza
Social will respond accordingly to any request to modify the charges for a particular
service or good according to the terms that are applicable to it.
Ibiza Social, at any time and in case of detecting errors, modifications, nullities or
cancellations or any other circumstance that allows it, reserves the right to establish,
eliminate and/or review the charges for any or all of the services or goods obtained from
through the use of the Service.
This payment structure is intended to fully compensate the Third Party Provider for the
services or goods provided. You understand and agree that while you are free to provide
additional payment as a gratuity and/or gratuity to any Third Party Provider who provides
you with services or goods obtained through the Service, you are under no obligation to
do so. Gratuities and/or tips are voluntary.
In the event that the client's place of residence or domicile is another member state of the
European Union or a third state, the price of the reservation may be modified if the
applicable tax rate is different.Please note that transactions, currency conversion and
other fees based on the currency or payment method chosen by the User to send and
receive payments may be imposed by a third party service provider, so Ibiza Social does
not responsible for any of these costs and declines all responsibility in this regard.
Ibiza Social informs credit and debit card holders that transactions are carried out on a
secure page, using TSL technology to guarantee the security of data transmission.
8.2.- Host
Your relationship with Ibiza Social is that of an independent person or entity and not
that of an employee, participant or partner of Ibiza Social, with the sole exception
that Ibiza Social acts as a collection agent in accordance with these Terms of Use
and Sale. Ibiza Social doesn’t direct or control your Hosting service, and you
understand that you may, at your sole discretion, decide if, when you provide the
Hosting services, at what price and under what conditions.
As a host, you are responsible for your own acts and omissions, and also for the
acts and omissions of anyone you allow to participate in the provision of your
hosting services. Likewise, it is up to you to set the price and establish the rules and
requirements of your advertisement. You must detail any and all fees and charges
in the listing description and you may not charge any additional fees or charges that
have not been disclosed in your listing within the Ibiza Social platform. Similarly, you
must not encourage guests to create third-party accounts, write reviews, provide
their contact information or take other actions outside of the Ibiza Social platform.
Regarding the collection of your host services, Ibiza Social will pay you the amount
of the reservation price, deducting from it but the commission of 5% corresponding
to the Ibiza Social Services as well as the applicable taxes. Of said commission, a
fraction will be charged to the client (corresponding to 2% of the total price of the
reservation) and another fraction to the host (corresponding to 3% of the total
reservation) which will be the subject of the corresponding invoice that will be sent
to you it will arrive quickly to your email.
In the event of cancellations of reservations already paid that occur in accordance
with these Terms of Use and Sale and give rise to a total or partial refund of the
payments made, you understand and accept that Ibiza Social will have the right to
recover the amount from the host. Of such refund,
including the subtraction of such
refund from any future payments due to the Host.
8.3.- Agent
Your relationship with Ibiza Social is that of an independent person or entity and not
that of an employee, participant or partner of Ibiza Social, with the sole exception
that Ibiza Social acts as a collection agent in accordance with these Terms of Use
and Sale. Ibiza Social does not direct or control your hosting service, and you
understand that you may, at your sole discretion, decide if, when you provide agent
services, at what price and under what conditions.
As an agent you can add a commission for your services to the price of the service
set by the host. The payment of said commission will be made with in 30 days after
the issuance by you of the corresponding invoice in the name of Ibiza Social.
In the event that you pay the price of the reservation on behalf of your client, you
should not add said commission at the time of making the payment, but you must
invoice your client separately.
In cases in which you pay the price of the reservation on behalf of your client,
remember that you will be the one who forms part of the contract with the host and
is directly responsible for any obligations arising outside of the agreements that you
may have established with your client in order to cede those responsibilities.
9.- Restriction, suspension and termination of the Service
If as a Supplier you violate the terms of these legal conditions, you stop providing the
contracted services without just cause, you provide services of a different nature or quality
inferior to that contracted, Ibiza Social may restrict, suspend or terminate its
intermediation service. In such cases:
a) If your activity is restricted or suspended, you will be notified by email before it
takes effect.
b) If it is decided to completely terminate the provision of all your services, you will be
provided, at least thirty days before the termination takes effect, a statement of the
reasons that justify the decision by email, except legal obligation or imperative
need to terminate the service immediately.
In any case, you will be offered the opportunity to clarify the facts and circumstances with
in the framework of an internal procedure for handling disputes.
10.- Validity of offers
The plans offered in the Service, and their prices, will be available for purchase while they
are in the catalog displayed through the web.
In any case, Ibiza Social reserves the right to make any changes to the Service that it
deems appropriate, being able to update functions of the Service according to the market.
Likewise, Ibiza Social may, in case of agreement with a certain Provider, establish special
offers or create promotional codes for its services, which may be exchanged for account
credit or other elements or benefits related to the Service and/or the services of a
third-party Provider, with subject to any additional conditions that Ibiza Social establishes
based on each promotional code.
By using the service you agree that promotional codes:
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They should only be used for the intended audience, intended purpose, and in a
lawful manner.
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They may not be duplicated, sold or transferred in any way, or made available to
the general public (whether posted on a public forum or otherwise), except with the
permission of Ibiza Social.
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They may be invalidated by Ibiza Social at any time, in case of non-compliance or
fraud in their use, without liability for Ibiza Social.
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They may only be used in accordance with the specific conditions that Ibiza Social
establishes for said promotional code.
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They are not valid as cash.
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They may expire before you use them.
Ibiza Social reserves the right to withhold or deduct credit or other elements or benefits
obtained through the use of promotional codes in the event that Ibiza Social determines or
believes that the use or redemption of promotional codes was erroneous, fraudulent,
illegal or in violation of the conditions of the promotional code or these conditions.
The prices that appear on the web are indicative and indicated by the suppliers, in this
way, they could vary without prior notice.
We inform you that despite the updates that are made to the prices of the Service, they
could contain errors. We will promptly correct any errors that appear, but they will not be
binding on the Service.
11.- Qualification of Suppliers
Ibiza Social won’t intervene in any case in the negotiations carried out between a potential
client (User) and a professional (Supplier), remaining outside of them at all times, so it
won’t be responsible, in any case, for compliance of obligations to each other.
Ibiza Social doesn’t own, control, or manage any accommodation advertisement, nor the
hosting services, nor any tourist service. Ibiza Social is not a party to the contracts signed
directly between Hosts and Guests nor is it a real estate agent, travel agency, insurer or
package tour organizer or retailer in accordance with Directive (EU) 2015/2302.
Ibiza Social doesn’t act as an agent with any capacity, except in accordance with the
provisions of these terms as a collection agent
.
Therefore, potential clients and professionals exempt Ibiza Social from any disagreement
that may arise between them.
It is the sole responsibility of the client or potential client (User) to verify the suitability of
the services offered by the professional (Provider), and that they are adapted to their
needs. The client or potential client also assumes the responsibility of examining the
provider they contract in relation to their location, hours or services other than those
included in the reservation made through Ibiza Social, as well as carrying out the
appropriate follow-up of the information required from the services, the resources
provided and the adaptation to what was requested by the client or potential client and
agreed between the parties.
In no case will Ibiza Social control or intervene in the execution of the tasks and services
by the professional (Provider), nor in the adequacy, quality or result thereof. For this
reason, Ibiza Social excludes, to the fullest extent permitted by the legal system, any
liability for damages of any kind that may be due to the execution or result of the work
entrusted to the professional.
In turn, the client or potential client (User) expressly exempts Ibiza Social from any
discrepancy, liability, damage, prejudice or impairment as a result of the contracting or
work carried out by the professional (Supplier).
12.- Classification, differential treatment and access to supplier data
12.1.- Classification
Ibiza Social uses classification, valuation and/or weighting systems in order to determine
the priority in the positioning within the web of one service over another.
Specifically, our classification system takes into account:
a) The characteristics of the services offered, as well as their price to determine a
horizontal or category classification.
b) The Provider's physical location to determine a location classification within the
chosen category.
c) The evaluation of the service by consumers and users in order to establish a
classification by vertical positioning, and said classifications may be altered
through direct or indirect remuneration, in which case it will be stated.
Likewise, Ibiza Social informs that our Service allows or could allow classifications based
on filters chosen by the user (price range or alphabetical order, for example) which, if
used, will render the classification system initially adopted by the user ineffective of Ibiza
Social.
12.2.- Differential treatment
Ibiza Social can adopt specific measures that allow applying differences in treatment to
professionals who provide the same products or services. Specifically, these differences
in treatment will be based on direct or indirect remuneration or on a different level of
access to customer data. In such cases, the classification and/or positioning of the
provider could be altered within the platform, stating in a visible place that this position or
classification is "sponsored", "recommended" or an equivalent term.
12.3.- Access to data
a) Ibiza Social has access to the Provider's data or to the data that is generated,
including under what conditions and to what categories of data.
b) The Provider where you decide to exchange your service package will have
access to the data linked to said pass or service package once.
c) The Providers, in turn, may, if they so contract, have access to the data of the
clients or Users (even if in aggregate form) who use the Service, including total
volume of clients, dates or periods of use, type of preferred service in relation to
the different demographic categories of data.
d) No data is provided to third parties that is not essential for the proper functioning of
the Service.
13.- Exclusion of guarantees, liability and indemnity
13.1.- Exclusion of guarantees
Except in those cases expressly described in these terms and conditions and to the extent
permitted by law, Ibiza Social is not responsible for damages of any nature that may be
due to lack of accuracy, completeness or timeliness, including errors and omissions, of
the information contained in the Service. Likewise, neither is there any duty or
commitment to verify or monitor its contents and information.
Likewise, Ibiza Social does not guarantee the availability and continuity of the operation of
the Service. Ibiza Social will try to warn sufficiently in advance of the interruptions that
could occur in the operation of the Service whenever possible.
Ibiza Social excludes, to the full extent permitted by law, any liability for damages of any
kind that may be due to the lack of availability or continuity of the Service. In the same
way, regarding the fraud of the utility that the users could have attributed to the Service.
Likewise, Ibiza Social excludes any responsibility for damages of any nature that may be
due to the use of the Service and its contents by users, clients or professionals, or that
may be due to the lack of veracity, validity or authenticity of the information that users
provide to others about themselves. In particular, Ibiza Social excludes any liability for
damages of any nature that may be due to impersonation of a third party carried out by a
user in any kind of communication carried out through the Service.
Ibiza Social does not own any of the properties or accommodations offered through its
platform by the Providers. Consequently, it does not review or validate the properties or
accommodations rented by the buyer. Ibiza Social is not responsible for any type of
deficiencies in the services acquired, issues related to the right of admission, health
infractions, security problems, personal injuries or illnesses, including safety or health
aspects, that may affect users when acquired the services offered by Ibiza Social. These
problems must be resolved between the user and the accommodation, in the same way
as any client of the propriety, regardless of whether they contract the service through Ibiza
Social.
13.2.- Responsibility regarding Suppliers
Our aggregate liability arising out of or in any way related to our terms, us or our services
will be limited to losses that are a reasonably foreseeable consequence of such breach
and will not exceed the amount the amount of commissions accumulated with the Hotel in
the last six months.
If someone makes a claim against us related to the actions of the Provider, its information
or content in Ibiza Social, the Provider will indemnify and hold harmless, to the extent
permitted by law, Ibiza Social for any type of liability, damage, loss and expense (including
reasonable legal fees and costs) arising in connection with or in any way connected with
the following:
a) Your access to or use of our Service, including information provided in
connection therewith;
b) Failure by you to comply with our conditions, the service to be provided or the
applicable law; either
c) Any false statement that you make.
You will collaborate to the extent that we request it in the defense or resolution of any
claim.
In the event of a complaint or claim from a user that can be verified and that breaches the
conditions contained herein, the Provider understands that Ibiza Social may decide to
refund the price of the reservation to the customer and discount it to the provider.
If the laws of your country of residence, applicable as a result of your use of our services,
do not allow it, the above limitations will not modify your rights with respect to Ibiza Social.
14.- Withdrawal, cancellation and refunds
14.1.-&