This contractual document shall govern the contracting of accommodation bookings through the website https://mallorcavacationvillas.com/, owned by Margarita Barceló Barceló, with the commercial name, MALLORCA VACATION VILLAS, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• You have read, understand and comprehend the above.
• A person with sufficient capacity to contract.
• It assumes all the obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible for and is aware of the legislation in force in the countries to which it offers its services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were contracted prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the accommodation booking service contracted by the USER is Margarita Barceló Barceló, with registered office at C/ Marina, 7 – Portocolom – 07670 (Illes Balears), NIF 37336874P and customer service telephone number +34 620 805 633.

And on the other hand, the USER, who is responsible for the veracity of the personal data provided to MALLORCA VACATION VILLAS.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts, during the online contracting process, the booking of temporary accommodation.

The contractual relationship of accommodation booking entails the use and enjoyment of the chosen stay, for a limited period of time, in exchange for a determined price, which is publicly displayed on the website. Extra services must be contracted at the time of booking.

Recruitment procedure

The USER, in order to access the services or products offered by the PROVIDER, must be of legal age and identify themselves through the website. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of 27 April (GDPR), and Organic Law 3/2018, of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website.

Once this step has been taken, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General terms and conditions.
   2. Activation of reservations.
   3. Cancellations.
   4. Claims and online dispute resolution.
   5. Force majeure.
   6. Jurisdiction.
   7. Generalities of the offer.
   8. Price and period of validity of the tender.
   9. Transport costs.
   10. Method of payment, costs and discounts.
   11. Purchasing process.
   12. Dissociation and suspension or termination of the contract.
   13. Warranties and returns.
   14. Applicable law and jurisdiction.
2. GENERAL TERMS AND CONDITIONS

Unless otherwise stipulated in writing, making a reservation with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. ACTIVATION OF RESERVATIONS AND PAYMENT

The PROVIDER shall inform the USER in advance of the procedure to be followed to book the trip.

The automatic availability and price calculation system allows the USER to choose the accommodation he/she is interested in and to proceed to the online payment.

 At the time of booking, the USER must pay the following amounts:

• Deposit of 50% of the total amount of the booking. The PROVIDER may charge the remaining amount of the booking up to 14 days before the arrival date.

With regard to the deposit to be paid by the USER:

• The USER will pay the amount established during the booking process (300€, 500€ or 800€) as a deposit one day before departure from the accommodation. This deposit will be automatically charged to the credit card used for the booking or it can be paid via Paypal, depending on the method freely chosen by the USER. This deposit will be returned by the PROVIDER a maximum of 7 days after the departure of the accommodation once the condition of the booked accommodation has been checked.

Failure to perform the contract remotely

In the event that the PROVIDER has no accommodation available or there is an overbooking situation, the client will be informed and will be given an equal or better alternative to the accommodation offered free of charge, and without any liability for damages attributable to the PROVIDER.

The PROVIDER shall not assume any responsibility when the activation of the service does not take place due to false, inaccurate or incomplete data provided by the USER.

3. CANCELLATIONS.

The USER may cancel the reservation made, with the right to a refund of the amount paid, up to 30 days before the date of arrival.

For cancellations made between 14 and 30 days prior to the arrival date, the USER will receive 50% of the amount paid for the reservation.

For all cancellations made outside the above dates, no refund will be issued.

The USER has the same rights and deadlines to proceed with the cancellation and/or claim for possible defects or flaws in the reservation, both online and offline.

For those bookings that allow cancellation, this can be done directly through the booking confirmation that the USER received by email when making the booking.

4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

• Telephone: +34 620 805
• E-mail: info@mallorcavacationvillas.com

If during the stay there is any breakdown in the installations or electrical appliances, the USER must notify the PROVIDER immediately in order to resolve these incidents as soon as possible.

In case of force majeure (damage caused by water, fire, etc.), the PROVIDER will replace the booked accommodation with another of the same characteristics.

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

6. COMPETENCE

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted.

If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be affected or modified in any way.

The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.

7. GENERALITIES OF THE OFFER

The details of each booking are provided to the USER in the respective description on the website.

No modification, alteration or agreement contrary to the Commercial Proposal of MALLORCA VACATION VILLAS shall have effect, unless expressly agreed in writing signed by MALLORCA VACATION VILLAS, in which case these particular agreements shall prevail.

Due to continuous technical developments and product improvements, we reserve the right to make changes to the information provided in our advertisements, insofar as this does not affect the value of the services offered. These changes shall also apply in the event that, for whatever reason, the possibility of supplying the services offered should be affected.

Inputs and outputs

Tickets: Check in will take place from 16:00 hours.

On arrival at the accommodation (house or villa) and in accordance with current legislation, the USER must hand over the booking form and all occupants of the accommodation will be identified.

Departures: Check out is until 10:00 hours.

Responsibilities of the client

The number of people occupying the ACCOMMODATION may not exceed the capacity indicated on the same. And if it is not indicated, the maximum capacity will be understood as the result of 2 people per double bed or double bed, and 1 per single bed or extra bed.

The ACCOMMODATION may refuse to admit the entry of persons in excess of the contracted capacity, and no claims may be lodged for this reason.

Pets are only permitted if this is expressly stated in the booking conditions of the ACCOMMODATION or by agreement with the owner of the ACCOMMODATION. If this rule is violated, the ACCOMMODATION may demand eviction without compensation to you.

The TRAVELLER undertakes to keep the ACCOMODATION clean, tidy and in the state in which it was delivered. He/she also undertakes to follow the instructions for use and maintenance given by the owner of the ACCOMODATION and to respect the regulations regarding noise, rubbish collection, water consumption, etc… of the community, environment or building where it is located.

Failure to comply with these rules entitles the ACCOMMODATION to demand eviction without compensation and the collection of compensation for damage caused, which may be deducted from the security deposit.

The owner shall not be liable for any direct or indirect damage that may be caused as a result of misuse of the accommodation, including but not limited to: damage, loss after fire, theft, crime, accidents or other types of damage.

8. PRICE AND PERIOD OF VALIDITY OF THE TENDER

The prices quoted in respect of each booking are inclusive of Value Added Tax (VAT). These prices, unless expressly stated otherwise, do not include tourist taxes (for those over 17 years of age), travel insurance, shipping costs, handling, packaging, or any other additional services and annexes to the service purchased.

The applicable prices are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time. Prices may change on a daily basis until the reservation is made.

All payments made entail the issuance of an invoice under consent (art. 63.3 RD 1/2007) in the name of the person or company name that he/she has informed at the time of booking the accommodation. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the reservation, the USER may contact the customer service telephone number +34 620 805 633 or by e-mail to the following address info@mallorcavacationvillas.com

9. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:

• Credit card
• Bank transfer
• Paypal

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

10. PURCHASING PROCESS

The website has a search system by different parameters to facilitate the choice of accommodation. Bookings with immediate confirmation have the price of the service stipulated, you can make the booking online and add the extra services that suit you.

The USER will be able to select the dates of arrival and departure, the number of people accommodated (adults and children) and the extra services chosen.

The USER will be able to make the reservation by following the steps below for its correct formalisation:

1. – Personal details of the main guest.
   2. – Verification of the reservation (dates, services…).
   3. – Selection of the payment method.
   4. – Placing the order (purchase).

From the Online Booking section, you can consult the description and characteristics of the accommodation, the services included, the optional services (extras) and the particular conditions.

11. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

12. WARRANTIES AND RETURNS

The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:

Conformity of services with the contract

In the absence of proof to the contrary, services shall be deemed to be in accordance with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:

1. a) Comply with the description provided by the PROVIDER.
   b) Are suitable for the uses to which services of the same type are normally put.
   c) Are suitable for any special use required by the USER, when this has been made known to the USER at the time of the conclusion of the contract, provided that the USER has accepted that the service is suitable for this use.
   d) They present the usual quality and performance of a service of the same type that the client may reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services made by the PROVIDER.
   e) describes the details, technical characteristics and photographs of the properties provided by the property owners, so that he is not bound by these public statements.
2. Non-conformity resulting from a service not performed or rendered shall be equated to non-conformity of the contract, provided that the responsibility for it lies with or under its responsibility; on the contrary, when the service not performed or rendered is due to negligence or malpractice of the USER, it shall not be considered a fault and shall be deemed to be in accordance with the terms of the contract.
3. No liability shall be accepted for any lack of conformity which the USER knows or could not have been unaware of at the time of concluding the contract or which originates from information supplied by the USER.

Responsibility of the PROVIDER

The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the accommodation, recognising the USER’s right to repair the service, to its replacement and to a reduction in the price.

Repair and replacement of accommodation service

1. If the hosting service does not comply with the contract, the USER may choose between demanding repair or replacement, unless one of these options proves impossible or disproportionate. From the moment the USER notifies the chosen option, both parties shall abide by it. This decision by the USER is understood to be without prejudice to the provisions in cases where the repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes costs that are unreasonable in comparison with the alternative form of remedy, taking into account the value that the service would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.

Repair and replacement shall comply with the following rules:

– The necessary expenses incurred to remedy the lack of conformity of the contracted services shall be free of charge for the USER.

– They shall be carried out within a reasonable period of time and without major inconvenience for the USER, taking into account the nature of the services and the purpose for which they were provided to the USER.

– If, after the repair has been completed and the property has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, a price reduction or termination of the contract.

– If the replacement fails to bring the property into conformity with the contract, the USER may demand that the property be repaired and the price reduced.

Price reduction

The price reduction and termination of the contract shall proceed, at the USER’s choice, when the USER cannot demand the repair or replacement of the service and in cases where this has not been carried out within a reasonable period of time or without major inconvenience to the USER. It will not proceed when the lack of conformity is of minor importance.

Criteria for price reduction

The price reduction shall be proportional to the difference between the value that the service would have had at the time of delivery if it had been in accordance with the contract and the value that the service actually delivered had at the time of delivery.

Deadlines

Unless proven otherwise, delivery shall be deemed to have taken place on the day stated on the reservation.

The USER must report the lack of conformity as soon as he/she becomes aware of it or, at the latest, at the end of the stay. Unless there is proof to the contrary, it shall be understood that the USER’s notification has taken place within the established period.

13. GOVERNING LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. and the USER agree to submit to the courts and tribunals of the domicile of the OWNER any dispute that may arise from the provision of the products or services covered by these Conditions.

In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these Terms.