General conditions
Booking conditions / Lease agreement
These booking conditions (the “Booking Conditions”) are between the
property manager (“we”, “us” and “our”) and the holidaymaker(s) / tenant
who book our property (the “Property”). References to “you” or “your” are
references to the person making the booking (“Booking”) and all members
of the holiday party. Any Booking is subject to the conditions below. These
Booking Conditions form the basis of your contract with us so please read
them carefully. Nothing in these Booking Conditions affects your normal
statutory rights.
Making your booking
To book the Property with us you should make the payment specified in the
initial quote we email to you (the “Quote”). If the Quote stipulates that you
pay an initial deposit (the “Initial Deposit”) followed by a balance payment
(the “Balance”), you must make both payments within the time periods
specified. If the Quote asks you to make a payment in full, you must pay
the full amount by the due date. If the Quote specifies that any damage
deposit (the “Damage Deposit”) and/or a cleaning or other fee(s) (“Other
Fee(s)”) is payable, you must also make that/those payment(s) within the
time period specified. Once the Initial Deposit or full payment has been
received, you will receive an email confirming the Booking. The contract
between us will only be formed when you receive the payment confirmation
email and is subject to these Booking Conditions. You should carefully check
the details of your Booking before making a payment, as well as the
confirmation email and inform us immediately of any errors or omissions.
2. Paying for your booking
Where you have only paid an Initial Deposit, you are required to send to us
your payment for the Balance and the Damage Deposit and/or Other Fee(s)
within a certain period prior to the arrival date specified in your Quote (the
“Arrival Date”). If you fail to make a payment due to us in full and on time
we may treat your Booking as cancelled by you. The Damage Deposit may
be used for any repair and/or replacement of the Property, furnishings,
fixtures and fittings that are necessary after your stay. We will return the
Damage Deposit to you following the return of the keys to us, less any
deductions in accordance with the conditions listed above. Any Cleaning Fee
will be used to clean the Property, furnishings, fixtures and fittings following
your stay and is non-refundable. Any Other Fee(s) will be described in the
Quote and are non-refundable.
3. Cancellation by the tenant
If you need to cancel or amend your Booking you must write to us or email
us as soon as possible. A cancellation will not take effect until we receive
confirmation in writing or via email from you. The cancellation policy
described in your Quote (“Cancellation Policy”) applies to your booking. See
below for your reference:
Cancellations made more than 60 days prior to the arrival date will incur no
penalty on either party. In this case the one party should inform
immediately in writing the other party about its intention to cancel and
Landlord should refund the advanced payment back to the Tenant within 15
(fifteen) working days after notification on the bank account details provided
by the Tenant.
In other cases the penalty should be charged according to the following:
- Cancellation less than 60 days prior to the arrival – 100% of the total sum
4. Cancellation by the property manager
We would not expect to have to make any changes to your booking, but
sometimes problems occur and we do have to make alterations or, very
occasionally cancel bookings. If this does happen, we will contact you as
soon as is reasonably practical and inform you of the cancellation or the
change to your Booking. If we cancel your Booking, we will refund you any
fees you have already paid to us. However, we will not be liable to refund
you for any fees you may have paid to any third party in connection with
your holiday (including, without limitation, fees for travel, entertainment,
activities or insurance). Whenever possible we will also give you the choice
between a refund or an alternative property of equal value for the
booked period.
5. The Property
You can arrive at the Property after the time specified by us on the Arrival
Date for your holiday and you must leave by the time specified by us on the
departure date we give you. We will let you know these times by email. If
your arrival will be delayed, you must contact the person whose details are
given on the booking confirmation so that alternative arrangements can be
made. If you fail to do so you may not be able to gain access to the
Property. If you fail to arrive by midday on the day after the Arrival Date
and you do not advise the contact of your anticipated late arrival we may
treat the Booking as having been cancelled by you and we shall be under no
obligation to refund you for fees already paid to us. See the Cancellation
Policy.
6. Your obligations
- You agree to comply with the regulations set out in any property manual
provided to you and any other regulations reasonably specified by us from
time to time and ensure that they are observed by all members of your
party. - You agree to keep and leave the Property and the furnishings,
including items such as kitchen equipment, crockery and glasses clean and
in good condition. - You agree not to cause any damage to the walls, doors,
windows or any other part of the Property nor to do anything that may be
reasonably considered to cause a nuisance or annoyance to us or to any
other occupier of adjoining or neighbouring properties. - You agree to take
all necessary steps to safeguard your personal property. - You agree to
ensure that each member of your party is covered by comprehensive travel
insurance (including cancellation, flight delays, loss and damage to baggage
and other property) and health insurance (including evacuation and
repatriation coverage). - You cannot allow more people to stay in the
Property than expressly authorised, nor can you significantly change the
makeup of the party during your stay in the Property, nor can you take your
pet into the Property unless it shown on your booking form or detailed in
other correspondence and agreed with us in advance. If you do so, we can
refuse to hand over the Property to you, or can require you to leave it. We
will treat any of these circumstances as a cancellation of the Booking by you
and we shall be under no obligation to refund you for fees already paid to
us in those circumstances. Any refund will be at our sole discretion. You
agree to allow us or any representative of ours access to the Property at
any reasonable time during your stay for the purpose of essential repairs or
in an emergency.
7. Complaints
Every effort has been made to ensure that you have an enjoyable and
memorable holiday. If however, you have any cause for complaint it is
important that remedial action is taken as soon as possible. It is essential
that you contact us if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to resolve
difficulties properly unless we are promptly notified. Discussion of any
criticisms with us whilst you are in residence at the Property will usually
enable any shortcomings to be rectified straightaway. In particular,
complaints of a transient nature (for example, regarding preparation or
heating of the Property) cannot possibly be investigated unless registered
whilst you are in residence. If any complaint cannot be resolved during your
holiday, you must write to us with full details within 28 days of the end of
it.
8. Our liability
Our maximum liability for losses you suffer as a result of us acting in breach
of these terms and conditions is strictly limited to the total fees you have
paid for the Booking. We shall not be liable for any losses, which are not a
foreseeable consequence of us breaking these Booking Conditions. Losses
are foreseeable where you and we could contemplate them at the time your
Booking is confirmed by us. Your Booking is made as a consumer for the
purpose of a holiday and you acknowledge that we will not be liable for any
business losses howsoever suffered or incurred by you. We shall not be
liable to you for any personal injury or damage to or loss of personal
property, except where the injury, damage or loss is caused by our
negligence. This does not exclude or limit in any way our liability for death
or personal injury caused by our negligence or for fraudulent
misrepresentation; or for any matter for which it would be illegal for us to
exclude or limit, or attempt to exclude or limit, our liability.
9. Law
The contract between you and us is governed by the laws of the Balearic
Islands, Spain and we both agree that any dispute, matter or other issue
which arises between us will be dealt with by the Courts of Spain.
10. General
You may not transfer your Booking or any rights and responsibilities under
these Booking Conditions to any other person, without our prior written
consent. If at any time any part of these Booking Conditions is held to be
unenforceable for any reason under any applicable law, that part shall be
deemed omitted and the enforceability of the remaining parts shall not in
any way be affected by that omission. These Booking Conditions, together
with the Quote, the Cancellation Policy and our confirmation email contain
the entire agreement between you and us relating to the Booking and
supersedes any previous agreements, arrangements or discussions.
SALES CONDITIONS
The provided information is merely informative and the company does not guarantee its veracity because it has been supplied by third parties. This offer is subject to availability, to errors, to possible price changes and / or withdrawal from the market without notice from the vendor. The expenses of granting the Public Deed of Sale (notary fees, land registry fees and taxes) must be paid by the buyer. In compliance with Spanish regulations, real estate agency fees will be paid by the seller.
M a l l o r c a S u n a n d F u n S e r v i c e s S . L .
Avenida Príncipes de España 4 bajos - 07400 - Alcudia - Illes Balears - Spain
European VAT number ES-B57742421
www.mallorcaholidayproperties.com