By using this Web Portal, you will have the status of Web Portal User: a term that includes both the customers (hereinafter called “Travellers”) and the owners (hereinafter called “Owners”) of the accommodations and services that make up the Web Portal. Users of www.majorca-villarentals.com are cautioned to read carefully the present General Conditions every time they use this Web Portal, as their conditions of use may be vary, and because these General Conditions contain important information about the Users’ legal rights and obligations, including these various limitations and exclusions, as well as a clause that regulates the competition and venue of possible controversies and the obligations of compliance with the Laws and their application regulations. It is important that Users know how the legislation of their respective cities works, as failure to comply can lead to sanctions ranging from fines to other types of inflictions. Therefore, it is important that users consult the local legislation before publishing their advertisement in this Web Portal, or formalize the corresponding contract.
Last update: 01.01.2019
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11st, on regarding Services of the Information Society and E-commerce, the following data is reflected below: Casas 1963 S.L.U. (Hereinafter referred to as the Provider), domiciled in Cala d’Or, at C / Port Petit, 1, 209, holder of CIF number B57935108, registered in the Mercantile Registry of Palma de Mallorca, Volume 2629, Page 220, Inscription 1, with sheet PM-77222, is the holder of the Web Portal www.majorca-villarentals.com (hereinafter referred to as the “Web Portal”) and makes it available to internet users by email to email@example.com or phone +34 871 049 960, in order to inform, advertise and provide information on holiday accommodation.
2.- SUBJECT AND RESPONSABILITY OF THE PROVIDER
The purpose of the Provider is the publication of tourist stays in Web Portals and agencies, online marketing campaigns, rates management, availability and reservations, as well as contact with and information to the Travellers and Owners before making the booking. The Provider is not, in any case, responsible for the reality of the photos published in the Web Portal, and of the veracity, quality, content and / or availability of the services of such property. Neither is he responsible for the decisions taken from the information provided in the Web Portal nor the damages caused to the User or third parties that could derive as a result of the decisions that have been taken by the abovementioned information.
3.- SUBJECT, APPLICATION AND ACCEPTANCE OF THE GENERAL CONDITIONS
The present General Conditions regulate the access, conditions and use of this Web Portal, as well as the services and contents made available to the Users. The User is aware and voluntarily accepts that the use of the Web Portal is in any case under his/hers sole and exclusive responsibility. The General Conditions apply to the relationship between the Provider and the User of the Web Portal, and form a contract between the parties, who, when using the site, declare that they have read and accepted them entirely. These General Conditions apply to all of the services offered in the Web Portal, as well as to the promotional activity and the provision of information, thus they will be applicable at all times, including by simply navigating through the Web Portal. To the provision of services under the Web Portal, in addition to this Legal Notice, the particular conditions and other contracts signed between the Provider and Users (both Owners and Travellers) that, if any, may exist, will apply. The mere access and / or use of the Web Portal, or of all or part of the contents and services included therein, implies for the Users the acceptance and full and unreserved adhesion to the General Conditions of the Legal Notice that are exposed in the version published from the moment the User accesses them. They will be considered as accepted for the simple fact of visiting the pages of the Web Portal and, of course, if the services offered in the Web Portal are used.
This Web Portal is intended exclusively for persons of at least 18 years of age. It is prohibited, expressly and without exception, any access or use of the site by anyone of less than 18 years old. The User, when using the Web Portal, declares to be of legal age and have the legal capacity to be bound and to assume the terms and conditions that are detailed within. It is also prohibited to any person without sufficient legal capacity to conclude a contract or register on the site. Users acting on behalf of a legal entity, declare that they have sufficient power of attorney to be consent to these general conditions on behalf of the represented entity.
5.- USER´S OBLIGATIONS AND POLICIES OF GENERAL USE
In general, Users who make use of the Web Portal are obliged to comply with the terms and conditions detailed here and, as the case may be, the Particular Conditions that apply, and / or contracts signed with the Provider, as well as comply with the special warnings or instructions contained in them or in the Web Portal and always act according to the law, the public morals and to the requirements of good faith. The Users agree not to use the Web Portal for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of Casas 1963 SLU, other Users or in general of any third party, being forced to use the Web Portal, the services and the contents included in the it in a diligent, correct and licit way.
6.- RENTAL OF PUBLISHED PROPERTIES
a) Request for information
Travellers who are interested in renting a property published on the Web Portal may send a request for information to the Provider as following:
- Sending an email to the Provider, to the following address: firstname.lastname@example.org, or;
- Through the form provided by the Provider (to see the form CLICK HERE), or;
- Sending an availability request, through the main page of the property that interests you, or;
- By telephone with the Provider, by phoning +34 871 049 960
The request for information must include: name, surnames, e-mail address, telephone number of the Traveller, date of check-in and check-out of the accommodation and number of guests.
[The possibility of sending requests for information does not require identification in the Web Portal. For other requests and access to the other services offered by the Web Portal, identification of the Traveller will be essential.]
Once received by the Provider the request for information, the Traveller will receive an automatic email (to which he will not respond) in which it will be indicated that his request has been received correctly.
b) Offer by the Provider
Once the Provider confirms the availability of the property, the Provider will send to the Traveller an offer, which will confirm name, surnames, email address, telephone number of the Traveller, date of check-in and check-out of the accommodation and number of guests, according to the traveller’s request. Once the Traveller expresses his/her agreement with the Offer received, the Provider will send it by e-mail, a link that will redirect them to the property offered, so that the Traveller can complete the reservation. Travellers are advised that such link will be available for a maximum period of 24 hours. After this period, the link will be inactive, and the Traveller must initiate the aforementioned procedure, in case he is interested in renting a property.
c) Acceptance of the offer by the Traveller and reservation payment
In the event that a Traveller accepts the Provider’s offer, he must complete his/her reservation through the link provided by the Provider, having previously read the Particular Conditions and other clauses that are applicable to the contract signed, which will be provided at the time of the Subscription of the contract, indicating that they have read them and agreed to their content. To complete the reservation, it will be essential for the Traveller to make a first payment, as a deposit, the amount of which will be determined in the contract signed. Regarding card payments, the Users are warned that the name that appears on the card with which he intends to make a payment must match the name of the person making the reservation. Once the Traveller completes his reservation he will receive an email confirmation of the reservation from the Provider.
Subsequently, the following payments must be made:
- Within 5 days after the receipt of the e-mail by the Traveller in which his reservation is confirmed, the Traveller must transfer to Provider’s designated bank account, the amounts that are stated in the reservation confirmation.
- The traveller may make the abovementioned payment by credit card or normal bank transfer. In the latter case, once the payment has been made within the indicated period of 5 days, the Traveller must submit to the Provider the bank receipt proving the payment within its deadline. Failing to do so, the Provider may terminate the contract, losing the Traveller the amount paid as a deposit and having to compensate the Provider in accordance with what is established in section g. “Termination of the contract by the Traveller”, contained in this clause 6 of “RENTAL OF PUBLISHED PROPERTIES”.
- Expenses incurred as a result of making any payments (expenses and bank fees, exchange of currency, etc.) will be at the expense of the Traveller. Travellers, therefore, should take into account bank charges and any others that may be incurred according to the method of payment chosen, and verify that the final amount received by the Provider corresponds to the fixed price stated in the reservation.
The remaining amount until the final price of the reservation is completed will be paid 40 days before the arrival date.
d) Duration of the signed contract between the Traveller and the Provider
The duration of the signed contract between the Traveller and the Provider is determined in the contract.
e) Obligations of the Travellers who rent a property
Travellers who rent any property through this Web Portal are obliged to treat the inventory that is in it, properly. Likewise, they must review the inventory upon arrival at the property and notify any defect they observe, within 24 hours from the time of their entry. Claims made outside this deadline will not be considered. As for properties that are located in natural areas and / or gardens, Travellers are warned that the presence of insects such as ants, beetles and / or mosquitoes is not a malfunction, and nothing can be claimed for this cause. On the day of departure, the Traveller must deliver the property in the same state in which it was found. The food and products purchased by the Travellers during their stay in the property must be discarded prior to their departure.
f) Termination of the contract by the Traveller
In the event that a Traveller decides to cancel in advance the signed contract with the Provider, or does not appear in the property on the fixed day and time of the check-in date, regardless of the cause that causes such termination, he/she has to pay an indemnity to the Provider, as well as all the amounts that have been paid as deposit, which will be taken into account to set the total amount to be paid by the Traveller to the Provider as compensation.
The amount of compensation is fixed according to the following rules:
- If the termination of the contract has been communicated to the Provider at least 90 days before the contract check-in date, the compensation will correspond to 30% of the total price of the reservation.
- If the termination of the contract has been communicated to the Provider within 30 to 89 days prior to the contract check-in date, the compensation will correspond to 50% of the total price of the reservation.
- If the termination of the contract has been communicated to the Provider within 29 days prior to the contract check-in, the compensation will correspond to 100% of the total price of the reservation.
The amount of compensation, under no circumstances, may be less than 350 €.
Therefore, if the amount resulting from applying the above rules is higher than the amounts paid as a deposit (taking into account that, in any case, the minimum amount for compensation is 350 €), the Traveller must pay the remaining amount until reaching the amount resulting from applying the beforementioned rules. The client is allowed to prove that the Provider has not incurred expenses / damages or that they have not reached the claimed amount. Travellers are recommended to sign a travel insurance.
g) Provider’s right to propose another property
In the event that, for reasons not attributable to the Provider, the property subject to the contract could not be made available to the Traveller during the days fixed in the reservation, the Provider shall be entitled to propose to the Traveller another accommodation of similar characteristics to the object of the contract, without the Traveller being able to claim compensation for that reason, or requesting the refund of the amounts paid up to the moment.
h) Day and time of check-in and check-out
The Traveller can check in at the property subject to reservation from 16:00 h on the arrival date. Check out must be made before 10:00 h on the departure date.
i) Number of admitted guests
The number of guests (including adults and children) allowed on the property will correspond to the number of guests stated in the booking confirmation. Any excess in terms of the number of guests staying, in relation to what is established in the booking confirmation, is totally forbidden. Therefore, they must immediately leave the property the number of guests equivalent to the excess of the number allowed.
j) Payment of Tourist Tax “Eco tax”
In the Balearic Islands, from July 1st, 2016, it is mandatory that Travellers who make use of tourist stays pay the “Eco tax”, a tribute for tourism and environmental projects. Only those under 15 years of age are not obliged to pay the Eco tax. The fee varies from 0.50 € to 4 €, per person and night, depending on the time of year in which the Traveller visits the Balearic Islands and the accommodation option. La Eco tax is NOT included in the final price of the reservation. It must be paid, in cash, by the Traveller to the owner of the property according to their reservation.
k) Services not enjoyed for reasons attributable to the Traveller.
If the Traveller, for reasons not attributable to the Provider does not enjoy any of the services related to the property subject of the contract, he cannot claim the refund of the amounts he would have paid.
l) Providers’ exclusion of liability in case of theft, accidents and / or noise.
The supplier is not responsible for any incident related to the property object of this contract (accidents, theft, alteration by noise from the outside area, electricity, water and internet shortage or their cut-off and force majeure). Casas 963 S.L.U acts as an intermediary in reference to the real estate offered. Consequently, any claim for damages must be directed solely and exclusively against the owner (landlord or administrator) of the property subject of the contract.
7.- PARTICULAR CONDITIONS
Users are advised that some services of the Web Portal may be subject to particular conditions that, if necessary, replace, complete and / or modify this Legal Notice and that must be accepted by the User before starting the provision of the corresponding service.
8.- DURATION OF THE SERVICE OF THE WEB PORTAL
The provision of the service of the Web Portal is limited to the moment in which the User makes use of the Web Portal or any of the services provided through it.
9.- APPLICABLE VERSION
This Legal Notice may be subject to periodic updating or modification. The Users of the Web Portal will be subject to the version that is in force at the moment in which they consult the online Provider’s Web Portal. Only the version currently in force will be visible on the Web Portal. The Provider will not keep the previous versions of the General Conditions, so it is recommended to the Users to keep a copy of them.
10.- MODIFICATION OF THE PRESENT GENERAL CONDITIONS
The Provider reserves the right, at its sole discretion, to modify the page, the application or the services, or to alter the present General Conditions, including the rates of the services, at any moment and without prior notice. In case of modifications proceedings of the present General Conditions, such modification will be published in the web page, being updated also the “Date of last update” located at the beginning of this Legal Notice. By continuing to access or use the page, application or services since a change has been posted on the page, Web Portal Users agree to be bounded by the modified terms. Users who do not accept the modified terms, must cease the use of the web page, or the corresponding services.
11.- INDUSTRIAL OR INTELLECTUAL PROPERTY
All the contents of the Web Portal, by way of example, such as texts, images, photographs, graphics, logos, icons, software, and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter named the “Contents”), or any other signs susceptible of industrial or commercial use, as well as the compilation of data that the Provider makes available to Users (hereinafter “Databases”), are the intellectual property of the supplier, without giving the User any of the exploitation rights over them beyond what is strictly necessary for the correct use of the Web Portal. Be warned that reproduction, distribution, public communication and transformation of any element owned by Casas 1963 S.L.U. is strictly prohibited, unless expressly authorized by the Provider, save for the exceptions provided for in the art. 31 of Royal Legislative Decree 1/1996, of April 12, approving the Revised Text of the Intellectual Property Law.
The establishment of a hyperlink with the Web Portal requires acceptance. The establishment of the hyperlink will not imply in any case, the existence of any relationship between the provider and the web page that establishes it, nor the acceptance and approval by the provider of its contents or services. Therefore, it will not be declared or implied that the Provider has authorized such hyperlink, or that has supervised or assumed in any way the services offered or made available on the website from which the hyperlink is established. The User assumes under its sole responsibility the consequences, damages or actions that could derive from the access to the web page of the hyperlink.
14.- POLICY OF PERSONAL DATA PROTECTION
The Provider is subject to the provisions of the Law 15/1999, of December 13, on Protection of Personal Data and Royal Decree 1720/2007 of December 21st, which is the Law 15/1999, committing to the fulfilment of the obligations that are inherent to it. Users are informed of the existence of a personal data file that may contain personal data related to the person’s contact obtained through the Web Portal and whose purpose are statistics, redefinition of services offered, security for quality control and maintenance and management of the business and legal relationship that links it with Casas 1963 SLU, as well as, where appropriate, the sending of Newsletters (free subscriptions) and / or commercial or promotional communications. These data is included in our files, which, according to the applicable regulations, are conveniently registered in the General Data Protection Register. In this sense, Users expressly consent that their data is used for the purposes indicated in the forms included in the Web Portal. The person in charge of the treatment, according to the provisions of article 5 paragraph 1 letter e) of the Law on Data Protection, is Casas 1963 S.L.U., with professional address in Cala d’Or, C / Port Petit, 1, 209.
15.- COMMUNICATIONS WITH THE PROVIDER
For the purposes of these General Conditions, and for any communication needed between the Provider and the User, this are to be addressed by email to email@example.com or by telephone to +34 871 049 960.
16.- SEVERABILITY OF PROVISIONS
Should any of the regulations stipulated here be or cease to be effective, this will not affect the validity of the other regulations of these general contracting conditions.
17.- JURISDICTION AND APPLICABLE LAW
The parties, renounce to their own jurisdiction, where possible, submit themselves to the Courts and Tribunals of Palma de Mallorca (Spain). The applicable law will be the Spanish Law.
Copyright 2018 Casas 1963 S.L.U. All rights reserved.