Extracted from Terms and conditions of use
7. Cancellation of the reservation
All cancellations must be notified in writing in advance to IBIZANAUTIK by the Users through the user account and/or the cancellation procedure described in the reservation confirmation email (cancellation link) or by sending an email to firstname.lastname@example.org.
A cancellation only becomes effective after IBIZANAUTIK sends an email notifying said cancellation.
7.1. Due to a case of Force Majeure
In the event of circumstances typical of a case of force majeure within the meaning of article 11, any User may request, through IBIZANAUTIK, the Shipowner (i) to postpone the reservation to a later date or (ii) to cancel the reservation, after of having justified said circumstances in writing to IBIZANAUTIK within a maximum period of 12 hours after the date/time of Delivery.
If the Rental is applied to a duration greater than one day, the Shipowner will not proceed to reimburse the Renter’s payment, which the Renter accepts. IBIZANAUTIK does not assume any responsibility in this regard.
7.2. Due to the Shipowner
The Shipowner cannot request the cancellation of the Rental that he has accepted, except in case of force majeure. In the event that for serious personal reasons and accepted by IBIZANAUTIK, the Shipowner cancels a reservation, IBIZANAUTIK will try to offer the Renter another equivalent Vessel in the corresponding period.
In the event that no alternative solution is found or if the request to cancel the reservation by the Shipowner is motivated by the Renter’s clearly insufficient level of navigation, verified in real conditions by the Shipowner on the day of Delivery (except in the case of that the Renter is unable to justify his titles or qualifications), this cancellation will also be considered justified. In such a case, the Renter must receive from the Shipowner the full refund of the Renter’s payment after deducting the IBIZANAUTIK Commission within fifteen (15) days by bank transfer. The Shipowner will therefore not receive the Renter’s payment after deducting the IBIZANAUTIK commission.
From two abusive or unjustified cancellations, IBIZANAUTIK reserves the right to suppress the announcements of the Shipowner’s Vessels in accordance with the conditions of article 13.
7.3. Due to Renter
In the event that the Renter, for any reason, cancels this contract, he must pay the lessor the following percentages of the total amount of the reservation (50% of the total VAT included):
- with more than two (2) month before the start date, 0%;
- with more than one (1) month before the start date, 25%;
- with less than one (1) month and up to seven days before the start, 50%;
- less than seven (7) days and up to twenty-four (24) hours before the start date, 75%.
- less than twenty-four (24) hours before the start date, 100%
The Shipowner must reimburse the Renter for the Renter’s payment based on the applicable cancellation conditions, after deducting the IBIZANAUTIK commission within a maximum period of fifteen (15) days.
7.3.1. If the Vessel does not correspond to the Ad
In the event that the Vessel does not correspond to the Advertisement, the Renter will notify IBIZANAUTIK before the Rental, presenting all possible supporting documents.
The Renter must decide whether or not to cancel the Rental. In case he decides to keep the Rental, he will not be able to request in any case the reimbursement of the Renter’s payment, whatever the reason for this reservation.
In the event of verifying that the Vessel does not correspond to the Ad and the Renter decides to cancel the Rental, the Shipowner accepts, on a commercial basis, and without this allowing the User to imply the responsibility of IBIZANAUTIK in any way, to fully refund the payment from the Renter to the Renter, within a period of fifteen (15) days after the cancellation by bank transfer.
7.3.2. If there is a breakdown before or during the Rental
In the event that the Rental contract is to be concluded with a Shipowner and the Vessel suffers a serious failure (breakdown) before the Rental that prevents the Vessel from being used in accordance with its main purpose, IBIZANAUTIK will endeavor to offer the Renter an alternative. If said alternative is not to the liking of the Renter, the latter may cancel the contract and recover the entire payment made. Any other type of damages and interests will not be taken into account.
In the event that the Rental Agreement has been entered into with a Shipowner and the Vessel suffers a serious failure (breakdown) during the Rental that prevents the Vessel from being used in accordance with its main purpose. In the event that this failure prevents enjoying the Vessel for more than 8 (eight) hours, the renter may cancel the contract and recover the entire payment made, discounting the proportional part of the period enjoyed. Any other type of damages and interests will not be taken into account.
The Renter must decide whether or not he wishes to cancel the Rental. In the event that he decides to maintain the Rental, he will not be able to request the Shipowner, and much less IBIZANAUTIK, the reimbursement of the Renter’s payment for whatever reason for this reservation.
In the event that he decides to cancel the Rental and that this cancellation takes place, the Shipowner accepts (after deducting the IBIZANAUTIK commission), and without this allowing the User to hold IBIZANAUTIK responsible in any way, fully refund the Renter’s payment to the Renter by bank transfer within fifteen (15) days after the cancellation.
7.4. Due to IBIZA NAUTIK
In some cases, IBIZANAUTIK may be forced to cancel a reservation (cessation of collaboration with a Shipowner, breach of Users’ obligations…). IBIZANAUTIK will make every effort, without any commercial commitment, to offer a similar or equivalent alternative to the Renter. If this is not possible, the Renter will receive a full refund of the amounts, in the event that the cancellation takes place before payment to the Shipowner, according to article 7.3, without being able to hold IBIZANAUTIK responsible in this regard.