MALLORCA HRS offers on its website and other internet portals mediation services and specifically the possibility for you to conclude rental contracts with landlords of properties. MALLORCA HRS deals exclusively with the mediation between the tenant and the landlord. The rights and obligations of Mallorca HRS as an intermediary derive from these terms and conditions and other additional agreements.
1.1 Information about properties and their availability is provided in the following ways, verbally, in writing, by telephone, fax or email, but this does not constitute a binding character or a contractual offer by MALLORCA HRS.
1.2 A binding rental offer is only made by the Tenant when the Tenant offers to conclude a rental contract with the Landlord of the property through and represented by Mallorca HRS and arranges “a rental confirmation”. At this time, when the Tenant receives information about the availability and detailed payment terms of the property.
1.3 A contract is deemed to be concluded between the Tenant and the Landlord as soon as MALLORCA HRS sends the Tenant the Rental Confirmation. This can be sent in writing, by fax or email. In the case of the rental confirmation, the confirmation will always be sent by email within a period of less than one week before the start of the rental period.
1.4 The arrival and departure times stated in the rental documents of the “Rental Confirmation” are valid at all times.
2.1 Use. Under no circumstances will the property be used for purposes other than vacation use.
2.2 Number of guests. The vacation property and the associated property can only be occupied at any time in accordance with the number of persons, including children, regardless of age, stated on the homepage and rental confirmation.
2.3 Pets and allergies: Pets are prohibited in some properties. The owner of the property or MALLORCA HRS cannot guarantee that the property was not previously occupied by pets nor whether the owner had pets. MALLORCA HRS accepts no liability for possible allergic reactions on the part of tenants within the vacation properties.
2.4 Noise: Tenants may be exposed to noise pollution, including in areas of the vacation rental properties, from construction work, traffic or other activities. Neither the owner of the property nor MALLORCA HRS shall be liable for any noise nuisance caused.
2.5 Internet: The internet connection can be wired or wireless, etc. The internet connection is an additional service provided by the owner in the property. Taking into account the problems that may arise, such as poor connection in areas of the property and variations in data and speed, neither MALLORCA HRS nor the owner of the property shall be liable for poor signal, overloading of the antenna, problems with the cable or other difficulties with the connection or data quality. The tenant uses the property’s internet at their own risk. The landlord accepts no liability for activities that the tenant may carry out on the internet.
2.6 Swimming pools: For safety reasons, the tenant is obliged to comply with all instructions regarding the use of the swimming pool given by the owner of the vacation property or by MALLORCA HRS. The tenant is responsible for the use of the swimming pool. Children are not allowed in the pool area without the supervision of an adult.
3.1 MALLORCA HRS is authorized by the Lessor to process all payments, including cancellation fees and other payments to the Lessor.
3.2 At the time the rental agreement is concluded (receipt of the rental confirmation document), the deadline for the agreed first payment ends. This is an advance payment of 30% of the agreed rental price and should be made within 2 working days of receipt of the confirmation. The balance is to be paid within 30 natural days before the agreed start of the rental period. Both payments shall be made to MALLORCA HRS.
3.3 As a means of payment for the advance payment and the final payment, MALLORCA HRS accepts only a bank transfer (without costs) or in exceptional cases and prior agreement a cash payment with a maximum of € 2,500.
4. LATE ARRIVAL OF THE TENANT AT THE PROPERTY.
4.1 If the tenant does not fulfill the conditions of this contract, in particular as a result of a late arrival or early departure for reasons beyond the control of either the landlord or MALLORCA HRS, in this case the tenant is not entitled to a proportional refund.
4.2 The tenant is informed that in the event of a trip interruption, the resulting costs are only covered by trip interruption insurance, but not by simple liability insurance. This trip interruption insurance is taken out through an insurance agency.
5.1 Apart from the advance payment and the remaining rental amount, the landlord has the right to demand a deposit. The payment of the deposit must be made within a period corresponding to the rental confirmation, which at the same time means the conclusion of the rental contract, until the beginning of the stay, but always before the keys are handed over.
5.2 MALLORCA HRS is authorized to receive the deposit on behalf of the owner, as well as to calculate and, if necessary, refund it, unless expressly stated otherwise.
5.3 If, after the end of the rental period, damage to the property caused by the tenant is detected, the owner or MALLORCA HRS has the right to compensate the damage caused with the deposit paid and, in the event that this is insufficient, to claim additional amounts until the total repair is made.
5.4 In the same way, the deposit may be offset against the additional costs paid by the tenant (in the event that additional costs exist, these will be regulated by the corresponding rental contract) such as costs for electricity, water consumption and heating. Under no circumstances will the additional cleaning service be offset against the deposit.
5.5 Upon termination of the rental agreement, MALLORCA HRS will issue an invoice to the tenant on behalf of the landlord and refund the deposit resulting from the calculation to the tenant in cash. All required retentions will be documented and taken into account in the calculation.
6. WITHDRAWAL BY THE TENANT.
6.1 MALLORCA HRS or the lessor may not withdraw from the rental contract after the rental confirmation has been issued.
6.2 The tenant may withdraw from the rental contract as soon as he has received the rental confirmation, but MALLORCA HRS or the landlord will retain the amounts received as compensation.
6.3 The tenant’s withdrawal will always be communicated in writing.
6.4 In the event of withdrawal, the Tenant may appoint someone in his place who will take over all rights and obligations under the contract concluded with the withdrawing Tenant. In this case, both the lessor or MALLORCA HRS as representative have the ability to refuse the entry of the replacement person in the contract if the new tenant or travel companions do not fulfill the contractual requirements or other conditions agreed in the contract.
6.5 It is expressly recommended to take out both travel cancellation insurance and repatriation insurance in the event of an accident or illness.
7. WAIVER BY THE LESSOR.
7.1 If the execution of the contract becomes more difficult or is jeopardized by force majeure, the lessor, represented by MALLORCA HRS, may terminate the contract.
7.2 The lessor, his local agent or MALLORCA HRS as his representative may terminate the contract after the start of the rental period if the lessee and/or his companions, despite prior notice, interfere with the execution of the contract or disregard the contract through their behavior and therefore an immediate termination of the contract is demonstrable. In particular in the event of damage caused to the property or the inventory.
7.3 In the event of termination of the contract, the lessor reserves the right to retain the full amount.
8. OBLIGATIONS OF THE TENANT.
8.1 The tenant shall treat the rented property responsibly and is obliged to hand over the property in the same condition as when it was received. The tenant is liable to the owner of the vacation property for minor damage caused during the rental period by the tenant or other persons who had access to the vacation property through him.
8.2 The property can only be occupied by the maximum number of occupants specified in the contract. In the event of over-occupancy, the Lessor or MALLORCA HRS are authorized to claim a reasonable compensation for the period in which the over-occupancy took place and at the same time the remaining persons must leave the property.
8.3 Subletting of the property by the Tenant is not permitted.
8.4 The property may only be used for the purpose stated in the contract. Parties and events are prohibited. These purposes may only be carried out with prior notice and written confirmation from the landlord or MALLORCA HRS.
8.5 Visits by third parties not specified in the contract as travel companions may not extend their stay in the property for more than 24 hours. If they intend to stay overnight, this circumstance must be communicated in writing to the Landlord or Mallorca HRS.
8.6 The tenant agrees to take care of the property and its facilities. Damage and defects that occur during the rental period must be reported to the Landlord immediately.
8.7 The tenant only has access to the rooms, facilities or areas of the property in accordance with the property description or corresponding instructions; these constitute part of the contractual service.
8.8 At the end of the rental period, the tenant is obliged to leave the property tidy and to dispose of the garbage. On the other hand, the costs of disposal may be compensated by the deposit paid.
8.9 Pets are only allowed with written confirmation from the landlord or MALLORCA HRS. The type, size and number of pets must be real and correct. Incorrect information can therefore lead to an extraordinary termination of the contract by the landlord. These animals may incur additional costs, such as the creation of a separate deposit for pets.
8.10. The customer is obliged to comply with the rules of cohabitation at the location of the property, in particular the prevention of noise or fire and the use of water. The time limit for noise from music is from 22.00pm – 10.00am.
8.11. On the day of arrival, the property is accessible according to the instructions in the documents. There is no right to early access.
8.12. In the event of late arrival, the customer must notify the landlord or MALLORCA HRS of this event.
8.13. The customer must dispose of the waste in the corresponding waste container at the latest at the end of the stay (in the case of rustic properties, in the public waste container).
9. CARE OF THE FURNITURE.
9.1 Cutlery, dishes, pots, etc. must be washed and returned to their place when dry.
9.2 Objects such as pots and pans can only be used with coasters or protection on the table and worktop to avoid damage.
9.3 A cutting board is used for cutting food.
9.4 Special care must be taken when cleaning the refrigerator, freezer, kitchen, oven, grill and sanitary facilities.
9.5 Vehicles may only be parked in the parking lots of the property. The landlord accepts no liability for damage or loss to the vehicle.
10. DEFECTS AND COMPLAINTS.
10.1 The rented property is handed over to the Tenant undamaged. If, at the moment of handing over the property, the Lessee discovers any damage or defects in the property, the Lessee shall immediately submit a complaint, otherwise the handover of the rented property to the Lessee shall be deemed to be without defects and the Lessee shall lose its right to claim damages. Complaints about damage or defects shall be reported as soon as possible and at the latest within 24 hours of the start of the rental period or after the damage or defect has been discovered.
10.2 Complaints should be addressed to the owner of the vacation property, his representative or local customer service office of MALLORCA HRS by email to firstname.lastname@example.org
11. LIABILITY FOR THE LANDLORD.
MALLORCA HRS offers the rental of vacation properties without being the owner of the same. The liability and obligations of the landlord lie exclusively with the owner of the property. MALLORCA HRS looks after the interests of the owner of the vacation property during the validity of the rental contract. If, for reasons for which MALLORCA HRS is responsible, the contract cannot be concluded, for example due to seizure, non-compliance with the contract by the property owner or similar reasons, MALLORCA HRS has the right to terminate the contract with immediate reimbursement of the rental price paid. Alternatively, MALLORCA HRS may, as far as possible and at its discretion, offer the tenant another vacation property within the same zone and at the same price.
12. APPLICABLE LAW AND JURISDICTION.
In the event of any disagreement, the legal proceedings shall be governed by the jurisdiction of the courts of the location of the vacation rental property, expressly waiving any other jurisdiction to which they may be entitled.
13. DATA PROTECTION.
13.1 With reference to the legislation on the protection of personal data, the data controller is MALLORCA HRS. All requests related to data protection can be sent by email to email@example.com.
13.2 MALLORCA HRS will process the personal data you have sent in relation to your reservation, as this is necessary to complete the reservation and fulfill the rental contract, as well as to comply with legal obligations.
13.3 Where necessary, MALLORCA HRS will transmit personal significant data of your reservation to the owners of the property, other companies, business partners such as service companies, cleaning companies, insurance companies and public authorities, for a vacation rental and to request a correct and secure payment or anything necessary in accordance with applicable law.
13.4 We will only store your personal data for the necessary period of time, either in connection with the same purpose or in connection with the applicable law. You have the right to receive information, a copy of your personal data that we have registered to correct inaccuracies, to delete your personal data if they are no longer necessary for their original purpose.
13.5 In relation to your stay, you will receive the necessary data about the person who will take care of you and the vacation property. You are requested to cooperate with MALLORCA HRS regarding compliance with data protection laws. As part of your obligations, you guarantee that your personal data will be processed with adequate security, including protection against unauthorized or illegal processing and against loss, destruction or damage. The personal data will only be stored for the required period of time.
14. SUPPLEMENTARY CLAUSES.
14.1 Amendments and/or additions to this Agreement shall be made in writing.
14.2 In the event that provisions of this contract are not valid or there is a regulatory gap, the invalid provision shall be replaced by a valid provision that comes closest to the purpose of the invalid provision. In the event of a loophole, what has been agreed shall apply in accordance with the meaning and purpose of the object of the contract.
14.3 This contract is governed by Spanish law.