1.0 Your Accommodation Contract
Your accommodation contract is with Balearic Villas (hereafter called BV) whose registered office is at Cecili Metelo, 36, 07460 Pollensa, Balearic Islands Spain. When you make a booking, you confirm that you have the authority to accept, and do accept, on behalf of all your named party these Terms and Conditions.
BV acts solely as an intermediary booking agent between the owners of a property and our clients for each individual accommodation listed on www.balearic-villas.com.
Any persons staying at the relevant accommodation, who have not been declared to BV as guests, prior to the start of the rental period, will not be party hereto and will be required to leave the premises immediately and have no redress in law. This contract is made on the terms contained herein and all written or verbal representations made by BV are hereby excluded. The validity, construction and performance of these terms shall be governed by Spanish Law and shall be subject to the exclusive jurisdiction of the Spanish courts to which the parties submit.
1.1 Accommodation Bookings
When you book an accommodation, BV act as booking agents on behalf of all properties featured on BV website www.balearic-villas.com. Your contract is with BV. BV will send you a booking confirmation issued by BV on behalf of BV in accordance with these terms and conditions. Please note that it is important to carefully check the details of your booking, when you receive it. If you want to cancel or change your booking later, you may have to pay amendment or cancellation charges, which may be as much as the whole accommodation costs. Single sexed groups need to let our reservations manager know before booking so that BHV can inform the owner accordingly.
1.2 BV service fee
BV is paid a fee for its time and service in connection with identifying and arranging holiday/seasonal accommodation, and in recognition of its efforts acting as a mediator between owners and clients. All rental charges quoted are inclusive of this service fee.
1.3 Owner agreement
When proceeding with a reservation and paying for the deposit, an agreement is established on behalf of the Owner of the property - who is solely responsible for the accommodation - and you. So that you understand the basis of the contract that you sign when you book your accommodation, you are actually signing a contract between yourself and the owner with us as an intermediary.
1.4 BV is an intermediary
For all services described on and provided to you via our website, we act as an intermediary, and our liability is limited.
1.5 Booking confirmation
BV will send you a booking confirmation issued by Balearic Holiday Villas on behalf of Balearic Holiday Villas in accordance with these terms and conditions. It is important to check the details of your booking carefully, when you receive it. If you want to cancel or change your booking at a later stage, you may have to pay amendment or cancellation charges, which may be as much as the whole Accommodation costs.
1.6 Single sexed groups
Single sexed groups need to let our reservations manager know before booking so that BHV can inform the owner accordingly.
1.7 Accommodation prices & payment conditions
The prices shown on the BV website are for the relevant property rental for the duration stated including variations as stated for each property. BV reserves the right to alter the prices of any of the accommodations shown in the website. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed. When your reservation is confirmed, we require a non-refundable 30% deposit of the total accommodation cost, except if stated differently.
The full balance of all sums payable hereunder is due 60 days prior to your departure date. If the full balance due is not paid by the required date, BV reserves the right without further notice, to cancel your booking and retain your deposit.
The price shown on the website on your day of booking is the price you pay. American express credit cards cannot be processed. Payments can also be made by bank transfers, with any costs associated with the payment need to be incurred by you.
As BV act as an intermediary, we are not in a position to issue invoices over the amount paid as your payment is divided up into several payments going to the various parties for which we are not entitled to raise an invoice.
1.9 Return of amounts via transfer and return to credit cards.
Please note that BV can't be held responsible for possible differences or transfer costs related with return of payments. These costs are due to exchange rate fluctuations and costs applied by your bank for receiving incoming payments. In both occasions BV can not foresee these costs and consequently can't be held accountable for any variations of returned amounts. Furthermore, and as all our prices and charges are in euros, BV cannot be made responsible for such variations.
1.11 Breakage deposits
Some owners reserve their right to ask for a breakage deposit to cover possible breakage, damage, theft, and excessive dirt. If the owner requests such a deposit, the amount is returned after departure within 5 working days. If there is no such deposit, BV or the owner have the right to claim the amount necessary to return the property to its original state.
2.0 Rubbish removal & recycling
In Mallorca recycling is very common place and there are even regular pick ups in town. Recyclable materials are not to be mixed with regular waste. Located in and around towns and main roads/junctions are tri-colour bins used for recycling. It is recommended that you make a daily trip to the nearest bins to dispose of recyclable waste as well as rubbish to minimise odours and the chances of coming back from the beach to an army of ants!
Recyclable materials are categorised in the following way:
• Yellow - Plastic bottles, juice boxes, cans and tins, tin foil, aerosols...
• Blue - Paper, cardboard, magazines, newspapers...
• Green - Glass bottles, jars...
• Dark green - Regular and organic waste
You will be charged for extra cleaning if any rubbish remains in the villa once you have left on your departure date, or if it seems that you have not been removing the rubbish on a regular basis due to the excessive presence of ants. Please do so for your own comfort and that of others.
Not possible without prior written consent from the owner.
2.2 Property Descriptions
The descriptions and information contained on the website have been made by a person who has visited each property and have been written in good faith. As the property is not under direct control of BV, it is possible that changes in facilities may occur without BV’s knowledge. In this event BV will endeavour to inform you of any changes, once known, but cannot be held responsible for any inaccuracies which are beyond its control. Water and electricity supplies are often not as reliable as in Northern Countries and interruptions to supply do occur. BV cannot be held responsible for these supplies or any other lack of facility beyond their reasonable control. Owners of the accommodation and BV reserve the right to visit their property at any time to undertake essential repairs, maintenance, pool cleaning and gardening.
2.3 Cleaning, bed linen, gardening, pool and general maintenance
The house will be delivered clean and provided with bed linens and towels. The person in charge of cleaning, as well as the gardener, person for pool and general maintenance, reserve the right to hold an access key and enter the property including the inside of the house, even without the presence of the tenant / client. For stays longer than 7 days a weekly cleaning and linen change is offered at no additional cost. This cleaning and linen change will take place as of the seventh day following the entry of customers.
2.4 Air Conditioning
The amount of air conditioning supply varies in many properties. Most properties supply air conditioning for approximately 8-10 hours per day. On request to our representative the timings may be changed by the owner and only with their consent. Full air conditioning means in all bedrooms and the living area - it does not mean the system is on 24 hours per day. Other properties contain air conditioning only in the bedrooms. In some properties extra hours may be available on request and payable locally, subject to each property specification. Properties with no air conditioning contain a complimentary freestanding fan in each bedroom.
2.5 Parasols and Covered Terraces
Not all properties have parasols. Due to the many breakages of parasols during a season the type shown in the website may differ from the original model at the property.
2.6 Sun Beds
Due to the high number of breakages during a season it is not always possible to obtain the same model and BV accept no responsibility for any differences in design, colour or style.
2.7 Satellite TV
Due to the changes from analogue to digital TV in many properties no Sky facility is available. However, in selected properties there are a range of English and/or German speaking channels. BV is unfortunately unable to guarantee any channels in any of the properties.
3.0 Building Works
Building works and the resulting noise from the site can take place at anytime during the year on an adjoining or nearby property and land. This is beyond the control of BV, but the representative will try and ascertain whether it is possible to have the same stopped or reduced in order to minimize any inconvenience or interruption to your accommodation. If this is not possible BV will try to offer you an alternative property of similar standard. This however is strictly subject to availability. And neither shall BV be held liable for any inconvenience caused by the said building works or failure to provide alternative accommodation.
In suburban areas and towns there is always the possibility of sound pollution from neighbours, however near or distant. These sounds are a part of the urban and sub-urban soundscape and need to be accepted as such. Neither the owners nor BV can be held responsible for such sounds.
3.2 Natural Phenomena
BV cannot be held responsible for any discomfort or inconvenience caused by the climate, flora and fauna, barking dogs, sheep bells or anything reasonably expected to exist in the natural environment in which many of the properties are situated.
3.3 Force Majeure
BV and the owner shall not be responsible for any delay in performance or non-performance due to any causes beyond its reasonable control. All the same BV shall, upon the occurrence of any such cause, promptly inform you in writing, stating that such cause has delayed or prevented its performance hereunder and thereafter BV shall take all action within its power to comply with the terms of this agreement as fully and quickly as possible.
3.4 Loss or Theft of Personal Possessions
In the event that you should lose any items of value while on holiday through theft or otherwise, you must report the facts immediately to the local police and obtain a written report. If a report is not obtained, it will be difficult for you to pursue any claim through your holiday insurance. BV undertakes no responsibility for injuries or illness incurred using the accommodation, private pool, or of any damage or thefts of personal property incurred during your stay.
3.5 Pool use and liability
Use of the pool is entirely at your own risk. It is particularly important that children are supervised at all times in and around the pool areas.
3.6 Children and damages
Guests are responsible for any children in the group at all times and should make sure they do not deface interiors/ exteriors including pool terraces during their stay eg. with crayons, colours, paints of any kind. The cost of any extra cleaning required and/or repairs will be charged for and will be deducted from the retained security deposit. Where the damage exceeds the amount of the security deposit guests will be liable for the full amount due.
3.7 Accidents, Injury or Theft
BV and the owners cannot be held responsible for any accident or injury whilst on holiday. We strongly recommend all customers to take out adequate travel insurance to cover health care, cancellation, travel, accident and injury, etc. European residents are advised to obtain an E1.11 now available in card form. This entitles the holder to benefit from reciprocal health agreements, which exist between certain European countries. Please note, that this does not substitute travel insurance in any way and does not cover emergency repatriation if required. BV and the owners cannot be held responsible for the theft of any personal belongings whilst on holiday. Guests are advised to close all doors and windows (even in isolated, country locations) when leaving the property and make use of safes for valuables, where supplied.
3.8 Arrival At / Vacating Your Property
All guests are required to vacate their property by 1000 hours on day of departure to facilitate cleaning and servicing prior to incoming guest’s arrival. You may occupy your property from 1600 hours. (Except where stated otherwise).
4.0 If You Change Your Booking
If you wish to change your travel arrangements in any way, after your booking confirmation has been issued, for example your chosen date of departure or accommodation, any possible changes made are subject to availability and BV will do its utmost to enable these changes, but it may not always be possible. All requests for changes must be made in writing by the person who signed the booking form or by your travel agent. Said change may incur charges of an administration fee of 100€ plus any further costs incurred whilst making the alterations. You should be aware that these costs can increase the closer to departure date the changes are implemented.
4.1 If You Cancel Your Accommodation
The initial deposit that is needed to confirm your reservation is non-refundable. In the event that you decide to cancel your booking with a minimum of 60 days in advance via fax or email to BV and by the same person that made the reservation, the balance is refunded. If the rental is cancelled with less than 60 days, the total amount is retained if BV and/or the owner are not responsible for cancellation.
4.2 If BV or owner Change Your Accommodation Arrangements
In the unlikely event that BV has to make a major change to your accommodation, BV or the owner will inform you or your travel agent as soon as reasonably possible if there is time before commencement of the accommodation booking. You will have the choice of either accepting the change of Accommodation offered (BV will refund any price difference if the alternative is of a lower value), or cancelling your booked Accommodation receiving a full refund of all monies.
Major changes may arise for example where property refurbishment is required, there is a breakdown of essential services, supply of electricity/gas, blocked drains or building works on adjacent/nearby land.
If you have cause to complain during your stay please inform your property manager as soon as possible and he or she will of course endeavour to rectify matters promptly. All complaints must be received prior to your departure so as to give the property manager the chance to rectify the issue. If your complaint is not resolved locally you would need to follow this up within 14 days of returning home by writing an email to [email protected], stating your booking reference and all other relevant information.
Please keep your email message concise and to the point as this will help BV to quickly identify your concerns and forward a response to you. It is strongly recommended that you communicate any complaint to the on-site property manager or owner as well as to BV without delay and whilst in resort. If you fail to follow this simple procedure BV will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
5.1 Our Liability To You
BV shall only be liable for any loss or damage suffered by you, which is a reasonably foreseeable consequence of a breach by BV of this contract. Loss of profits or other economic losses arising out of a breach of this contract are hereby excluded. Liability shall be limited to a sum not exceeding twice the sums payable hereunder.
“In accordance with the regulations in effect on Personal Data Protection, we inform you that your data will be securely stored on the database owned by BALEARIC HOLIDAY VILLAS SL with CIF B57821738 and registered office at CECILI METELO, 36, POLLENSA, 07460 ( ILLES BALEARS), in order to answer your questions and send you related information that may be of interest to you. In compliance with current regulations, BALEARIC HOLIDAY VILLAS SL informs that the data will be kept for the period strictly necessary, in compliance with the regulations mentioned above.
Until you inform us otherwise, we understand that your data has not been modified, that you agree to notify us of any changes and that we have your consent to use them for the purposes mentioned. BALEARIC HOLIDAY VILLAS SL informs that it will proceed to treat the data in a lawful, loyal, transparent, relevant, appropriate, limited, exact and updated way. That is why BALEARIC HOLIDAY VILLAS SL undertakes to adopt all reasonable measures so that these are withheld or rectified without delay if they are inaccurate.
In accordance with the rights granted by the current regulations on Personal Data Protection, you may exercise the rights of access, rectification, limitation of usage, deletion, portability and opposition to the processing of their personal data as well as the consent given for the treatment of the same, directing your request to the postal address indicated above or to the email [email protected].
In turn, we inform you that you can contact the Delegate of Data Protection of BALEARIC HOLIDAY VILLAS SL, in writing to the e-mail address dpo.[email protected] or by phone 902877192. You can contact the competent Control Authority to present any claim that you consider appropriate in a timely manner.