BOOKING AND USE OF FACILITIES AND EQUIPMENT
TERMS AND CONDITIONS
INTRODUCTION
These Terms and Conditions (the "Terms") apply to the use of the website https://www.themusicalboxes.com and to the provision of services by us at Musical Boxes' physical locations.
Musical Boxes offers creative studios for musical rehearsal, DJ production, podcast recording, and music recording.
These Terms outline how to book a studio with Musical Boxes and use our equipment, services, and facilities, and describe the associated rights and responsibilities.
Any instructions, guidance, and similar information found elsewhere on the Site or at the physical location, such as in the LEGAL NOTICE, PRIVACY POLICY, and/or signs in the studios, also apply to how you use the Site, equipment, and Services and facilities, and are part of these Terms.
Please read these Terms before registering an account and purchasing any Service we offer.
By purchasing our Services, you confirm that you have read the Terms and agree to be bound by them.
These Terms constitute a legal agreement between you and Musical Boxes.
The client gives their explicit consent to receive commercial information about Products or Services offered or that may be offered in the future by Musical Boxes.
Definitions:
"Customer" means that you are an individual and are purchasing Services from us primarily for personal use (not for use in connection with your trade, business, profession, or occupation).
"Intellectual Property Rights" refers to patents, utility models, invention rights, copyrights and related rights, moral rights, trademarks and service marks, trade names and domain names, presentation and commercial image rights, goodwill, rights to sue for trademark infringement or unfair competition, design rights, software rights, database rights, usage rights, and protection of confidential information (including know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions, and rights to claim priority for such rights and all similar or equivalent rights or forms of protection that now exist or may exist in the future anywhere in the world.
"Box" means a studio operated by Musical Boxes.
"Order" refers to an order placed for a Reservation through the Site.
"Reservation" refers to the booking made by you with Musical Boxes.
"Services" refers to the rental of a Box at Musical Boxes.
"User Content" refers to any content provided by you that is uploaded, posted, or otherwise made available on the Site or contributed or recorded in Musical Boxes.
CLAUSES
1. REGISTRATION, ACCOUNT, AND PASSWORD
To obtain an account on the Site ("Account"), you must provide:
Personal information.
Choose a username ("Username").
A password.
A valid email address.
By creating an account at Musical Boxes, you authorize us to verify the data and documents provided through approved software to validate the information and your account so that you can operate normally and make reservations.
You may only use your Account for your own benefit.
By using the Site, you confirm that you are not acting on behalf of any other person.
The username and password will be assigned to you. You may need your username and password to access certain parts of the Site. Your username and password are personal and should not be disclosed to any other person.
You must ensure that all information about you that we obtain is true, complete, not misleading, and up-to-date. This includes using your first name or, when Musical Boxes expressly agrees, a stage or professional name by which you are known, to carry out the assigned work.
You can modify your registration details at any time through the Site.
We have the right to assume that any use of your account is by you. You are solely responsible for any use of the site under your account or any other use of your Username and Password.
You may only hold one Account. If you forget your username or password, you can use the password recovery option or contact us, and we will provide you with a replacement password. It is strictly prohibited to have more than one Account.
Do not share your password with anyone else or allow anyone else to use your account. We are not responsible for any misuse of your Password or Account, or any use of your Password or Account by any other person. If you believe that someone else knows your Password or that your Account has been used by someone else, you must inform us immediately.
If you do not log in to your Account for 12 months, we may cancel the Account.
2. RESTRICTIONS
HOUSE RULES
By using our Studios, you agree and affirm that you and anyone accompanying you to the Musical Boxes facilities will adhere to the House Rules as outlined below, as well as any other clauses within these Terms.
You assume full responsibility for the room, its contents, and the people you allow in during your reservation.
Smoking or vaping is not permitted anywhere on the premises. Any violation of this rule by you or your guests will result in an additional fee of €100. If the fire alarm is triggered by smoke, the additional fee is €150.
Drug use is not allowed; please note that our security team monitors our CCTV 24/7.
You are allowed to invite up to 4 people to the studio with you during your session, but they enter as your guests, and you assume full responsibility for their actions and behavior while at Musical Boxes.
Keep doors closed and be respectful of other musicians in the studios.
Remember to turn off the air conditioning or heater fan before leaving.
It is acceptable to have a drink while in our studios, but keep all liquids away from the equipment. No type of liquid or object that could endanger the Musical Boxes equipment is allowed near it.
Clean up at the end of your session. When leaving the studios, please respect our neighbors and keep noise levels to a minimum and trash levels to zero.
If something breaks during your session, please let us know as soon as possible by contacting us via phone or email.
If you have any questions regarding the above, feel free to contact our customer service team, who will be happy to assist you.
OBLIGATIONS
You agree to comply with all applicable laws and regulations, and all applicable rules for the use of the Site and the Services.
You agree NOT to:
Impersonate any other person or entity.
Misrepresent or falsely describe yourself (including your age and personal circumstances).
Falsely describe your affiliation with any other person or entity.
Use or attempt to use another person's Account.
Solicit personal information (including passwords and banking information) from any other person.
You agree and undertake to:
You agree that you are responsible for the security and behavior of all individuals accompanying you to the Musical Boxes facilities as part of a Reservation and that you will not allow unauthorized individuals to access the facilities or the Musical Box you have reserved.
You and all individuals accompanying you to the Musical Boxes facilities must adhere to all our rules and guidelines respectfully.
You and all individuals accompanying you to the Musical Boxes facilities must follow all applicable laws and not exceed the established occupancy limit.
Do not damage any equipment or other property provided by Musical Boxes, and compensate Musical Boxes for any damage at no limit of cost if it occurs. This includes, among others, equipment in common hallways, spare cabinets, restrooms, or in external common areas, such as parking lots and entry/exit systems.
Do not hold, plan, or execute any party or gathering at Musical Boxes. To avoid doubts, do not allow more than four (4) additional people in the room who are not involved in using the equipment, such as playing musical instruments.
Do not tamper with, damage, or cover any CCTV equipment at Musical Boxes and compensate Musical Boxes for such damage without any cost limitation. This includes, among others, CCTV equipment in common hallways, common areas, or in external common areas, such as parking lots and studio entrances.
Do not tamper with, damage, or cover any fire alarm or fire safety equipment at Musical Boxes, and compensate Musical Boxes for such damage. This includes, among others, fire alarms and fire safety equipment in common hallways, common areas, kitchens, or restrooms.
Clean the equipment used and any trash or other materials brought by you or your guests to Musical Boxes. Containers are provided for this purpose before leaving the premises.
Strictly refrain from smoking or vaping in the facilities.
Reimburse us for any reasonable cleaning costs arising from your use of the facilities.
Ensure that you and all attendees are aware of all evacuation procedures in case of fire and all fire safety and other safety rules available on the Site and provided at the facilities by Musical Boxes.
Ensure that you and all accompanying persons maintain the confidentiality of the entry codes provided to access the Musical Boxes Studio facilities, and inform us immediately if such entry codes are revealed to any other person.
Vacate the Musical Boxes facilities before the end of the time allocated as part of a Reservation; otherwise, we may charge you for any additional time at the prevailing standard rates.
Notify us immediately of any damaged or missing equipment that you or your guests find at the Musical Boxes facilities, either through the Site, by email, or by phone; otherwise, you may be charged for such loss or damage.
You are responsible for any equipment you bring to the Musical Boxes Studio facilities and we will not be liable for any damage, theft, or loss of your equipment.
Before bringing any equipment into Musical Boxes, you must request access and use of such equipment at the facilities. This can be done by phone or email. If not authorized by Musical Boxes, you cannot bring external equipment into the facilities. You agree to comply with all safety rules and not to pose a risk to the operation and well-being of the equipment, lighting, power, or other services provided by Musical Boxes as part of your Reservation.
Do not bring or consume any hazardous or illegal equipment, substances, or materials into the Musical Boxes facilities, including but not limited to illegal drugs, nitrous oxide, knives, guns, or any type of weapon or smoke machines.
Immediately report any suspicious behavior or mistreatment of a Musical Boxes Studio or its equipment.
Comply with all vehicle parking rules and notices displayed, whether provided by local authorities or by Musical Boxes, and use the vehicle parking facilities at your own risk. Any property (including cars, bicycles, motorcycles) left there is at your own risk, and Musical Boxes is not responsible for any damage, theft, or other issues with vehicles, including cars, vans, motorcycles, pedal bikes, scooters, or any similar means of transport.
Pay us the specific fees and additional charges detailed in these Terms and Conditions when applicable.
Inspect any Box you have reserved at Musical Boxes before your Reservation begins and notify us of any damage within the first 15 minutes of your session; otherwise, you agree that Musical Boxes may hold you responsible for such damage.
In the event of detecting damage, if you do not contact us within the first 15 minutes of your session, no credits, refunds, reservation extensions, or alternative compensations will be offered.
Report any damage that occurs during your Reservation within 1 hour of the end of your Reservation.
Minors under 18 years old cannot enter the site after 9 p.m.
Minors under 18 years old are not permitted at our Ibiza location without an adult guardian.
Alcohol is prohibited on our premises.
All guests attending your reservation must be declared and paid for at the time of booking or as part of a modification to that reservation made through the website before the reservation start time.
Do not fraudulently use discount codes, vouchers, or credits, or use discount codes, vouchers, or credits obtained through fraudulent means.
3. BOOKING
Order through Your Customer Account
When the Customer has opened an account on our website, they must create an access password. The Customer agrees to protect the confidentiality of the chosen password and not to disclose it to third parties. Musical Boxes recommends regularly changing your password.
The customer is informed that all transactions made from their account will be attributed to and recognized by them.
When the Customer has opened an account, they commit to ensuring that the information provided is current and accurate. The Customer must update it in case of any changes (e.g., address).
You can only make a Reservation:
If you are 18 years old or older;
If you have created an Account; and
If it is lawful for you to do so.
When making a Reservation, we may request that you provide identification or other documentation to help us verify your identity. This may include a photo ID and/or a valid proof of address. We may also conduct our own identity, fraud, and credit checks, possibly with the help of external providers.
We may make changes to these Terms or to the Site from time to time. If you are not satisfied with any changes, you should stop using the Services and the Site. If you continue to use the Services, this will indicate your acceptance of the modified Terms. We may notify you of key changes, but you should review these Terms periodically to ensure you are aware of any changes.
If you are under 18 years old, you will need your parent/guardian’s permission to accept these Terms, set up an Account, and make a Reservation. Any reservation for anyone under 18 must be attended by that person's parent or legal guardian, who will be responsible.
The details of Musical Boxes available will be clearly displayed on the website. We reserve the right to modify, amend, or cancel our options and plans offered at any time at our sole discretion.
Reservations can only be made through the Website. It is your sole responsibility to ensure you have reserved the correct Musical Boxes Box and that payment has been submitted correctly.
Payments can be made online through the Site with a credit or debit card. Payments can only be made by the cardholder or with the cardholder’s permission.
When you make an Order, the Site will indicate an amount that authorizes us to charge to your debit or credit card. Additionally, you authorize us to accept payment of the preauthorized amount or part of it to reimburse us for any loss, damage, liability, expense, or cost incurred as a result of your breach of clause 2. Provided you have complied with these Terms, we will remove any preauthorization regarding a Reservation within one week from the date of that Reservation.
Payments for a Reservation can be made with a gift card credit, credit from canceled Reservations, or marketing campaign credits. Gift cards must be redeemed within three months from the date of purchase. There is no expiration date for gift cards, and any unused balance on the gift card does not expire. Credit from canceled reservations expires three months from the original reservation date. Marketing campaign credit may expire at any time at our discretion.
4. PAYMENT
All rental prices are quoted in euros and include VAT.
Musical Boxes reserves the right to modify its prices at any time.
In the event of a change in the VAT rate, the price will be automatically adjusted without further notice from the date the new VAT rate comes into effect.
Our acceptance of your Reservation will occur when you have paid and received confirmation of your Order via email. You must pay the full fee as indicated when making a Reservation.
Please note that we may reject a Reservation if we are unable to process it, which could be due to an error on the Site or technical issues. In such cases, we will inform you, and you will not be charged, and we will refund you if your payment has already been made.
PAYMENT METHODS
At Musical Boxes, we use the latest secure payment techniques in accordance with banking standards. Transactions are processed between the customer and banking servers through a secure link, so card details are not stored by Musical Boxes.
Orders must be paid in full in euros. The system will automatically display the available payment methods for your order. Check here the details and availability of each payment method our system accepts:
Credit or debit card
Bank transfer
PayPal
1) Credit or Debit Card
We guarantee that each transaction made at Musical Boxes is 100% secure. All operations involving the transmission of personal or financial data are conducted using a secure environment. Musical Boxes uses a server based on standard SSL (Secure Socket Layer) technology. All information transmitted to us is encrypted as it travels over the network.
Furthermore, your credit card details are not stored in any database; instead, they go directly to the POS (Point of Sale Terminal of the Bank).
In an effort to provide greater security to credit card holders, we have incorporated the secure payment system known as CES (Secure Electronic Commerce) into our payment gateway. Therefore, if you hold a "secured" card, you will always be able to make payments with a card in our store.
In both cases, when paying with a card, you will always be asked for the following details: the card number, expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your card, thereby providing additional assurance about the security of the transaction.
If you have not yet received a personal code for online payments, we recommend that you request your financial institution to enroll your cards in the Secure Electronic Commerce service. You can contact your bank for this.
Attention: Credit card fraud is a crime, and Musical Boxes will take legal action against anyone who commits a fraudulent transaction in our online store.
2) Bank Transfer
When selecting bank transfer as your payment method, you will receive an email with your order confirmation that includes the account number to which you should make the bank transfer in the name of Musical Boxes.
It is very important that you include your order number, as well as your name and surname, in the subject line of the transfer, and complete the transfer within 3 days from the order confirmation date to validate it.
Please remember to make the payment in EUROS and note that any currency conversion and banking fees are your responsibility when opting for this payment method. For bank transfers made from outside Spain, it is crucial to instruct your bank to cover all fees and charges associated with the transfer. If not, Musical Boxes may halt the processing of your order if the full amount is not received.
3) Paypal
PayPal allows consumers with an email address to send payments online securely, conveniently, and cost-effectively. PayPal’s network is built on existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal provides a service especially designed for those who are dissatisfied with traditional payment methods.
For more information, you can visit the Paypal website.
4) Musical Boxes Gift Card
f you have a valid and funded Musical Boxes Gift Card, you can use it as a payment method. During the checkout process, when choosing your payment method, you will have the option to select the Musical Boxes Gift Card. For more information on how to pay with your Musical Boxes Gift Card, click here.
FEES AND ADDITIONAL CHARGES
These fees and additional charges apply in any case where there has been a breach of the HOUSE RULES or CLIENT OBLIGATIONS and are not limited by the fee or charge imposed. These fees and additional charges are payable without prejudice to our ability to claim damages in general.
The fees and additional charges will be applied concurrently until the total amount is determined. Musical Boxes reserves the right to charge the full amount of the fee without discount unless expressly agreed otherwise in writing.
Multiple breaches of Clause 2 and its sub-clauses may be prorated to the Account and the Reservation related to the breaches.
The fees and additional charges include, but are not limited to, the following:
In the event of theft, you, as the client and responsible for the reservation, must immediately bear the full cost of the stolen equipment and any damages it may cause to Musical Boxes.
€50 for vaping in any area inside Musical Boxes, excluding external smoking areas.
€200 for smoking in any area inside Musical Boxes, excluding external smoking areas.
An additional €150 for triggering the fire alarm due to smoking, vaping, or using smoke machines.
Up to €300 for excessive disorder in Musical Boxes or common areas resulting from the Reservation and/or the assigned time.
Up to €300 for the use or consumption of any illegal/prohibited substance (all types of drugs and nitrous oxide) or any residue left in Musical Boxes from the use or consumption of any illegal/prohibited substance (all types of drugs and nitrous oxide) within the Reservation and/or the assigned time.
€100 for violating capacity restrictions established in the Terms, including holding any form of party or gathering.
€50 for each person brought in exceeding the 4-person limit.
€100 for damage to equipment when used against its normal operation and causing malfunction, plus the cost of repairing the damage or replacing the equipment if necessary.
€100 for manipulating, damaging, or covering CCTV equipment as specified in Clause 2.
€100 for manipulating, damaging, or covering fire alarms or fire safety equipment, as outlined in Clause 2.
€100 for inappropriate use of emergency exits or fire doors, and any alarms activated as a result.
The economic value of replacement equipment if the equipment is damaged by misuse, or forced not to operate reasonably for its intended purpose, or damaged by fluid spills such as drinks.
Cost of damages to Musical Boxes, including the structure, fixtures, and equipment.
€200 for a security or police officer being called to any site due to a client refusing to vacate the premises.
If a client and any of their guests stay in the studio beyond the reserved and paid time, they will be charged an hourly rate for each additional hour they remain in the studio.
Clients will be automatically charged for any additional guests who attend their reservation beyond those already paid for at the time of booking. Charges for unpaid guests may be issued at any time after the reservation.
5. CANCELLATION OF YOUR RESERVATION, REFUNDS, LATE CANCELLATIONS
Cancellations can only be made within 24 hours from the time of booking, either by phone or via email, provided that the reservation time is more than 7 days away.
You may reschedule or cancel your Reservation with at least 24 hours' notice prior to the start date of the Reservation using the Site. For cancellations, credit may be refunded to your card or bank account at our discretion. To process such requests, please contact us using the following links.
If you reschedule or cancel less than 24 hours before the Reservation, no refund will be offered. If you arrive late to your Reservation, we cannot reschedule or refund the Reservation or compensate for lost time.
In the event that we reschedule or cancel your Reservation, we will contact you by email or phone to inform you. We will offer an alternative Musical Boxes time or a refund of the reservation fee, except in cases where a reservation is canceled due to a breach of these Terms and Conditions or a breach of the House Rules, Clause 2.
Cancellation Grace Period of 1 Hour: If you wish to cancel a Reservation within one hour after booking it, you will receive a full credit refund (unless it is within 2 hours before the start of your Reservation).
RIGHT OF WITHDRAWAL
The buyer has the right to withdraw from their purchase within 14 days from the receipt of the order, provided that the communication is made within this period, directly through the usual contact methods published on our App, and except for the exceptions outlined in Article 103.
Exceptions: l) The supply of accommodation services for purposes other than serving as a residence, transport of goods, vehicle rental, food, or services related to leisure activities, if the contracts specify a particular date or period of execution.
The registered user booking a space for a limited time intended for music recording is excluded from this right.
6. COMMUNICATIONS
The Site provides means through which you can communicate with us, which you can easily find in the LEGAL NOTICE, section 2. IDENTIFICATION AND COMMUNICATIONS. We will communicate with you at the email address you provided or through other means of communication provided by the Site. Notices that apply to all our customers will be publicly available on the Site. You will be deemed to have received a notice at the time the email is sent or when the notice is posted on the Site. We will be deemed to have received a notification when we send you a confirmation. All emails (or other messages) we send are intended solely for the recipient.
You acknowledge that we have no control over any User Content, as we do not moderate it. However, if you alert us to User Content that is illegal, we will remove it from the Site.
Although we are not obligated to do so, we may remove or reject any User Content. You agree that we may process and store any User Content you submit to the Site.
You shall not make available, post, or transmit to the Site or record in Musical Boxes any statement, material, or other content that:
Is illegal or may result in civil or criminal liability.
Infringes any copyright or other intellectual property rights of third parties.
Infringes the privacy rights or publicity rights of third parties.
Includes any computer virus or other malicious software.
Is abusive, pornographic, defamatory, discriminatory, or obscene.
Harasses any other person (including Musical Boxes and its employees).
Interferes with another user's use and enjoyment of the Site.
Pretends to be any moderator, administrator, staff member, or any other person associated with Musical Boxes.
Contains confidential information of any other person.
Requests passwords or personal information.
Contains videos, photographs, or images of any other person without their permission (or in the case of a minor, the minor’s legal guardian).
Exploits any other person.
We consider inappropriate or encourages inappropriate behavior.
Provokes any other person to engage in any of the above acts.
7. INTELLECTUAL PROPERTY RIGHTS
All content on the Website or the site where the service is provided, including but not limited to trademarks, trade names, or distinctive signs of any kind, texts, photographs, graphics, images, icons, technology, software, as well as graphic design and source codes, etc., constitute works owned by Musical Boxes. The owner of the Website holds the exclusive rights to exploit these works in any form, particularly the rights of reproduction, distribution, public communication, and transformation, in accordance with applicable Spanish and European legislation.
Access by the user/client to the WEBSITE does not imply any kind of waiver, transfer, or assignment, either in whole or in part, of such intellectual property rights. Therefore, access to these contents or elements does not grant the User/Client the ability to copy, sell, modify, reproduce, publish, assign, transmit, or create new products or services derived from the information and elements contained herein. Such practices are strictly prohibited.
8. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable losses and damages caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer as a result of our breach of this contract or our failure to exercise reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is considered foreseeable if it is obvious that it will occur or if, at the time the contract was made, both we and you knew it might happen, for example, if it was discussed with us during the sales process.
We are not responsible for commercial losses. If you are a consumer, we only provide the Services for domestic and private use. If you use the Services for any commercial or business purposes, we will have no liability to you for any loss of profits, loss of data, loss of business, business interruption, or loss of business opportunities.
We will not be liable in any amount for any failure to fulfill any obligation under these Terms if such failure is caused by the occurrence of an event beyond our reasonable control.
9. OUR LOST PROPERTY POLICY FOR ALL CUSTOMERS
MUSICAL BOXES will not be able to review closed-circuit television footage in search of lost items or for any other similar purpose.
MUSICAL BOXES is not responsible for items left behind.
If an item is not found, you will receive a communication regarding the situation. However, please be aware that MUSICAL BOXES will not be able to take further action beyond this notification.
If you disagree with these terms, MUSICAL BOXES will not be able to provide additional assistance. You can find more information on our support page.
10. INDEMNITY
You and all individuals accompanying you to the Musical Boxes facilities agree to indemnify, defend, and hold harmless us, our employees, and our information providers from any damage, loss, liability, expense, and cost (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising from:
Any fraud or fraudulent misrepresentation you commit.
Any inaccuracies or defects in any information you have provided to us.
Any breach by you of applicable law or regulation.
Any breach by you of these Terms and Conditions.
Claims by third parties arising from your use of the Service, User Content, or any use of the Site (whether or not such use was by you) and any of your Reservations.
You and all individuals accompanying you to the Musical Boxes facilities will cooperate with us in defending any claims. We reserve the right, at our expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. REACH, SUSPENSION, AND TERMINATION
Without prejudice to any other rights we may have, we may suspend or terminate these Terms and the Services immediately if you breach any of these Terms.
If we have reason to suspect that you are using the Services fraudulently or improperly, we will suspend your Account until you can satisfactorily demonstrate:
Your identity; and
That no fraud or wrongdoing has occurred or been attempted.
We will attempt to provide you with reasonable notice of any early termination of the Services.
We may cancel, modify, suspend a Reservation, or delete your Account at any time and for any reason.
12. PERSONAL DATA
We will use the personal information you provide in accordance with our Privacy Policy as outlined on the Website.