These are the EU Consumer Amendments
If you are a User located in the European Union who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following changes to the Terms of Service apply to you:
1) Section 6.2 (Disclaimer of Warranties) of the Terms of Service is deleted and replaced with the following:
a. Boat Party Ibiza uses commercially reasonable efforts to provide the Services without interruptions and such that transmissions are error-free. However, by nature of the Internet, this cannot always be achieved. In addition, Boat Party Ibiza may take some or all of the Services down for planned repair or maintenance from time to time. Boat Party Ibiza will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
b. Boat Party Ibiza does not assume any warranty for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Boat Party Ibiza has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Boat Party Ibiza is not affiliated with, and has no agency or employment relationship with, any third party service provider used by Users in conjunction with the Services, and Boat Party Ibiza has no responsibility for the acts or omissions of any such third parties. However, Boat Party Ibiza wants its customers to report any misconduct in connection with the Services by contacting us: [email protected]
2) Section 6.3 (Limitation Of Liability) of the Terms of Service does not apply to (a) any damages caused by any personal injury or death caused by Boat Party Ibiza‘s negligence, and (b) any damages caused by Boat Party Ibiza’s gross negligence or intentional misconduct, in each case, for which Boat Party Ibiza’s liability shall be unlimited. In addition, for failing to discharge obligations the nature of which is essential to the performance of the Services and the purposes of the Terms of Service, Boat Party Ibiza’s liability shall be subject to Section 6.3 (Limitation of Liability) of the Terms of Service, but the limits shall be amended to include typical and foreseeable damages arising from such failures. The provisions of the German Product Liability Act remain unaffected.
3) Section 6.4 (Release) is deleted.
4) Section 6.9 (Choice of Law) is amended such that the law of the EU country in which you reside applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
5) Section 6.12 (Judicial Forum) is deleted.
6) The following Withdrawal Rights are added as a new Section 7:
(a) Legal Cancellation Rights for Services Performed By Boat Party Ibiza.
The following applies only to Organizers that are consumers (i.e., individuals acting for purposes which are wholly or mainly outside their trade, business, craft or profession while using the Services):
You may have a legal right to withdraw your agreement without giving any reason within a 14 day withdrawal period. In the case of a contract for services this withdrawal period expires 14 days from the day the contract was concluded. For goods, the withdrawal period expires 14 days from the day on which you acquire, or a third party other than the carrier indicated by you acquires, physical possession of the goods (or of the last good in case of multiple goods; or of the last lot or piece in case of goods consisting of multiple lots or pieces; or on the first good in case of the regular delivery of goods). By creating an event and commencing the sale of tickets or registrations, you consent to and expressly request that the performance of the Services begins before the 14 day withdrawal period has expired and that you will not benefit from a legal right to withdraw once the related Service (e.g., the sale of a ticket or registration on the Services) has been fully provided.
Information on the Withdrawal Right
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Email: [email protected]
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back, if any, or you have supplied evidence of having sent back the goods, if any, whichever is the earliest.
You shall send back any goods ordered without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
You will not benefit from a legal right to cancel your contract with Boat Party Ibiza if your contract with Boat Party Ibiza is for the provision of services related to leisure activities for a specific date or period.
(b) Attendees’ Legal Withdrawal Rights: Contact the Organizer of Your Event
If you are an Attendee, your contract for tickets and registrations is between you and the Organizer. You must therefore inform the Organizer of the applicable event that you wish to withdraw from your contract.
If you benefit from a legal right to withdraw your purchase of tickets or registrations, you will need to inform the Organizer to exercise it. Please see the information the Organizer has provided to you for further details. However, please note that you will not benefit from a legal right to withdraw your contract if:
(i) Your contract with the Organizer is for the provision of services related to leisure activities for a specific date or period (e.g., a ticket for a concert on a specified date);
(ii) The Organizer is an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; or
(iii) You are not an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession.
Your contract with the Organizer is fully performed by the Organizer within the 14 day withdrawal period. (e.g. if you purchase a ticket for an event taking place in 7 days’ time, you cannot attend that event and then exercise your legal right to withdraw).