General Terms and Conditions
The reservation requests will not be valid until confirmed by Formentera Van.
Once the reservation is confirmed, you will receive an email with a payment link so you can proceed to pay for your reservation. Once the payment is completed, you will receive a confirmation email with your reservation.
The ferry tickets and Ibiza’s transfer requests have to be confirmed by Formentera Van.
All our prices are all included (taxes + baggage).
The rates related are only valid for services realized in accessible areas for our vehicles.
Reservations must be made at least 24 hours in advance on our webpage www.formenteravan.com or through our email reservas@formenteravan.com
In the Maritime Station of the Port of La Savina, the buses are located in the reserved area. Drivers will never go to the boat to pick up customers.
Drivers will be identified with the Formentera Van badge.
Customers must identify themselves when entering the van.
Any modification to the initial booking must be communicated at least two hours in advance.
Bookings can be canceled free of charge and full refund 24 hours before the service. Refunds will not be made if the reservation is canceled within less than 24 hours before the service.
The company allows a maximum waiting time of 15 minutes as a courtesy.
Information regarding ferry tickets and transfers in Ibiza will be sent in the booking confirmation email.
Introduction
This contractual document shall govern the General Terms and Conditions for hiring vans with driver (hereinafter, “Conditions”) through the website formenteravan.com/, owned by AUTOCARES PAYA, SL under the trademark FORMENTERA VAN, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of booking will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- You are a person with sufficient capacity to contract.
- You assume all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is AUTOCARES PAYA, SL, with registered office at Avenida Mediterraneo, 37 Ed. Carolina III, La Savina, – 07860 Formentera (Illes Balears), NIF B07030802 and customer/USER service telephone number 971323181.
And on the other hand, the USER, making use of the website by means of his/her data, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly displayed through the website, of the rental of vans with driver.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to info@formenteravan.com so that AUTOCARES PAYA, SL can correct them as soon as possible.
The USER may keep his/her data updated by sending an email to info@formenteravan.com.
Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
Once the reservation request has been made, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of the Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General terms and conditions.
- Activation of services.
- Right of withdrawal.
- Complaints and online dispute resolution.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the tender.
- Transport costs.
- Method of payment, costs and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Warranties and returns.
- Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
- ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
Once the service has been contracted and confirmed by the PROVIDER, the PROVIDER will inform the USER about the procedure to follow when using the service.
Non-execution of the distance contract
In the case of the provision of a service, this will be available from the moment of contracting, according to the PROVIDER’s conditions and once the USER has paid for it.
In the event that the contract cannot be executed because the contracted service is not available within the foreseen period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the service is not provided because the data provided by the USER is false, inaccurate or incomplete.
The provision of the service will be considered to have been carried out when the USER has made use of the service.
- RIGHT OF WITHDRAWAL
Withdrawal form: https://formenteravan.com/ /formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.
Any cancellation may be communicated to the PROVIDER up to 24 hours before the service is to be provided, requesting the refund by e-mail to info@formenteravan.com, indicating the corresponding invoice or order number.
Booking cancellations communicated to the PROVIDER less than 24 hours before the service is to be provided will not be refunded.
- COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: AUTOCARES PAYA, SL, Avenida Mediterraneo, 37 Ed. Carolina III, La Savina, – 07860 Formentera (Illes Balears)
Telephone: 971323181
E-mail: info@formenteravan.com
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event ceases.
COVID-19: If, due to mobility restrictions or any other reason related to the rules consolidated in the COVID-19 code, the USER is unable to receive the service, he/she will be refunded the full amount of the registration fee or will have the possibility to modify his/her reservation with a new date proposed by the PROVIDER.
- COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
- GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of AUTOCARES PAYA, SL or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements in the services, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the services offered is affected.
- PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will remain the same whether the service is available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in PDF format to the email address provided by the USER, provided that he/she has given his/her express consent to do so, informing him/her that he/she may revoke said consent at any time by notifying the PROVIDER by any of the means made available to him/her.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 971323181 or via e-mail at info@formenteravan.com.
- TRANSPORT COSTS
There are no transport costs.
- FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:
- Credit card
- Bank transfer
Security measures
The web site uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
- PURCHASING PROCESS
Basket (budget simulation)
During the reservation request process, the following steps will be followed for its correct formalisation:
- Verification of the type of service.
- Checking the invoicing details.
- Selection of the payment method.
- Completion of the booking request.
Once the request has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the request has been made.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the reservation.
- SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are considered illegal, void or for any reason unenforceable, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.
FORMENTERA VAN may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policy.
When FORMENTERA VAN exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to FORMENTERA VAN.
- GUARANTEES AND RETURNS
The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which you can access by clicking here.
- APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’S domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.