Terms and Conditions
Please read these conditions carefully before continuing with your booking.
*In the following text “company”, “we” or “BHV” is referring to Balearic Holiday Villas S.L. The company is acting as an independent agent (not contracting party), handling the interests of clients, agents and property owners.
The terms “owner” or “property owner” refer to individual property owners, the company BHV is not the property owner / contratcting party.
The term “client” or “you” refer to you as client / tenant / contracting party.
By accepting these terms and conditions, you expressly declare and accept that the contractual relationship when you renting the property is solely between you and the owner of the property that you finally rent, and that BHV acts solely and exclusively as an intermediary between you and until the formalization of the lease.
1.0 Your Accommodation Contract
As said before, your accommodation contract is with the owner of the property. Balearic Home Villas (hereafter called 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.
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.
Any persons staying at the relevant accommodation, who have not been declared to BHV 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, expressly waived the jurisdiction that may correspond to them.
1.1 Accommodation Bookings
When you book an accommodation, BHV act as booking agents on behalf of all properties featured on BHV website www.balearic-villas.com. BHV will send you a booking confirmation issued by BHV on behalf of the owner of the property, and in accordance with and subject to these terms and conditions. Please note that it is important to carefully check the details of your booking, terms and conditions, when you receive it, because your contract is subject to them. 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 BV can inform the owner accordingly.
The booking information must be clearly estate all visitors including the ages of the children. These mentioned people are the only ones who are permitted to stay at the accommodation unless any other arrangments have been abreed upon and confirmed writing.
A principal member of the party must confirm that the terms and conditions as stated on our BHV webside have been read and accepted by completing the online booking details. This person is responsible and expressely assumes jointly and sevcerally the responsibility for all matters referring to the booking and the whole visiting party, without prejudice to the responsibility of the rest of members of the party.
The process to make the reservation is as follows:
1º.- After receiving a reservation request from you, BHV will send you a “formal offer”.
2º.- Once you formally accept the “formal offer”, which you must do by sending a written confirmation / e-mail to BHV, we will send the confirmation of your “Provisional Reservation”, which will include the required deposit to be paid fo the “Definitive Reservation”, and the statement that you know and anccept this 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.
3º.- “Provsional Reservation” can be made and held for a maximum of 48 hours awaiting the receipt of the required desposit payment and rest of information. If BHV has not received the required deposit payment with 48 hours after the “Provisional Reservation” is confirmed, the booking it will be relased.
4º.- The payment of the deposit by you will mean that you have read and expressly accept these Terms and Conditions. Once the deposit payment has been received by BHV, we will send you the “Final reservation confirmation”.
BHV will send you a booking confirmation issued by BV on behalf of the owner of the property in accordance with these terms and conditions
*1.2.- BHV service fee
BHV 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. BHV fee are charged to the owner of the Property, except the expenses of processing the reservation, or cancellation of it, which must be paid by the client (€ 70 for each transaction), which is accepted by the client.
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. BHV acts only as an intermediary booking agent. 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, and our liability is limited to that which may be derived, where appropiate, from our actions as intermediaries.
1.4.- Single sexed groups
Single sexed groups need to let our reservations manager know before booking so that BHV can inform the owner accordingly.
1.5.- Accommodation prices & payment conditions
The prices shown on the BHV website are for the relevant property rental for the duration stated including variations as stated for each property. BHV 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 “Provisional Reservation” is confirmed, we require a non-refundable 50 % “DEPOSIT” of the total accommodation cost to be paid in a maximum of 48 hours from the confirmation of the “Provisional Reservation”.
The full balance of all sums payable hereunder is due 60 days prior to your arrival date. If the full balance due is not paid by the required date, the Owner of the property will have the right, without further notice or requirement of any kind, to cancel your booking and retain your deposit as a penalti freely agreed and accepted by the client. BV will communicate the owner’s decision to the Client.
The prices are clearly indicated on our webside and are for the maximum number of guests in the accommodation unless stated otherwise. The price on the invoice or confirmation will not change unless the national or local governments of your holiday location levy any additional taxes or charges which bill payable by you.
Although we regularly make sure that BHV offers the most competitive prices for each accomodotation, please contact to our company should you see one of our fincas, villas or any other accommodation offered at a lower price on any other web, we will endeavor to match this price.
Payments can be made as follows:
1.- By the means expressly indicated on the reservation platform used by the Client.
2.- By bank transfer or credit card, except American Express credit card, which is not accepted.
Any costs associated with the payment need to be incurred by the Client.
As BHV act as an intermediary, we are not in a position to issue invoices over the amount paid for your accommodation. BHV will only invoice you for the costs of processing the reservation and / or the cancellation of it (70 € for each transaction).
1.7.- 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.
1.8.- Breakage deposits
Some owners reserve their right to ask for a breakage deposit to cover possible breakage, damage, theft, excessive dirt, etc. If the owner requests such a deposit, the amount is returned after departure within 10 working days, as long as it has not been necessary to apply all of part of this deposit to any of the concepts indicated above.
You will be informed of the amount requested as deposit and how to pay it in the information accompanying your booking form. Noramlly if the deposit is required by the owner, the payment must be made by the client with a mínimum of 10 natural days before the arrival date, or with your balance 60 days before the arrival.
Since BV acts solely and exclusively as the depositary of said bond, in the event that there is a discrepancy between the parties as to whom to deliver the deposit, or what amount to deliver, it will be deposited with the judicial authority for it to decide what to do with it, or it will be made available to the judicial authority until there is a resolution or agreement between the parties. This deposit will not accrue interest of any kind in favor of either party.
If there is no such deposit, or it is not sufficcient to cover the damages or liabilities of the client, the owner has the right to claim the amount necessary to return the property to its original state.
1.9 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.
2.1 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 BHV, it is possible that changes in facilities may occur without BHV’s knowledge. In this event BHV 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. BHV cannot be held responsible for these supplies or any other lack of facility beyond their reasonable control. Owners of the accommodation and BHV reserve the right to visit their property at any time to undertake essential repairs, maintenance, pool cleaning and gardening. Consequently, the client waifes to claim any responsibility to BHV in relation to these facts and must direct any claim directly to the owner.
As and when we aware of any major changes the webside information will be updated inmmediatelly. If we are advised of major changes after you have already placed you booking we will inform you before your arrival. In the event you should decide to cancel your booking at this stage, please be aware that cancellation fees and costs may be payable by you.
2.2 Cleaning, bed linen, gardening, pool and general maintenance, and Special Rquests.
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.
Special requests. – Please submit all your extra sevices requested in writing befor your arrival date. BHV would like to accommodate all of these requests, but would also like to point out that w cannot be held liable if they are not fulfilled. We take grate care when we recommend a service of staff but we are not responsible for thouse provided by a third party, by the owner or other agencies.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 Building Works and Noise
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 BHV, 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 BHV will try to offer you an alternative property of similar standard. This however is strictly subject to availability. And neither shall BHV be held liable for any inconvenience caused by the said building works or failure to provide alternative accommodation.
Should the property owner or management notify us of a possible work, we will let you know immediately, however, BHV do not take responsibility f we do not receive a warning of have no prior knowledge. We will try to held within our possibility and fulfil any need to find an adequate alternative once we are aware of any planned or ongoing work. Any difference in price will be discussed and agreed upon ther and then accordingly, any additional payment is your responsibility if the alternative accommodation is more expensive.
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.
2.8 Natural Phenomena
BHV 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.
2.9 Force Majeure
If so-colled “force majeure” prevents or affects your holiday, BHV will not be responsible for any damage, loss, disruption or even cancellation of your holiday. “Forcer Majeure” includes unfortunate and unforeseeable circumstances sus as: wars, riots, civil urset, terrorist activities, strikes, a natural or nuclear disaster, fire, travel disruption, unfavourable weather conditions, changes of water level and supply, sale of the property, and situations or circumstances similar to the above. All these circumstances are beyond BHV control and evein if all precautions to safeguard and exercise due care have been taken, unavoidable events may unfold and BHV can not be held respondable. Consequently, in these cases of “force majeure” the client waives to claim any liability to BHV.
BHV 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 BHV 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 BHV shall take all action within its power to comply with the terms of this agreement as fully and quickly as possible.
3. Loss or Theft of Personal Possessions
BHV 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.
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.
3.1 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.
3.2 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.
3.3 Accidents, Injury.
BHV 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.
BHV 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.
3.4 Arrival At / Vacating Your Property
All guests are required to vacate their property by 10:00 am hours on day of departure to facilitate cleaning and servicing prior to incoming guest’s arrival. You may occupy your property from 16:00 hours. (Except where stated otherwise). These times can however vary depending on the accommodation and will be stated in your final documentation. Please advise us of any special request when you make your initial enquiry, early check-in or later check-out depend upon the owner and the departures and arrivasl of other guests on the change-over days, therefore they may possibly only be confirmed nearer to your arrival date. Please inform your local contact person, noted in your initial documentation you receive on payment of your final balance, if your arrival is delayed. Take into account that you may not be able to enter your accommodation until the following day if you arrive in Europe late that 19:00 pm without having prior notice. The owner may ask for an extra payment to cover staff, cor orther costs in order to organize late access to the property
Considering the current health protocols, it is possible that, in order to comply with them, there may be some delay in the time initially scheduled for entry to the property. Cleaning tasks are not carried out by BHV but by the property owner, normally through specialized companies. Consequently, the client accepts that, for the reasons stated, there may be a delay in the time of entry, and waives to claim anything for this concept.
3.5. If You Change Your Booking
Reservation changes are only allowed for the same property and subject to the following conditions:
b) Change of date is only allowed within the same calendar year, and always subject to availability. 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 BHV 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 70€ plus VAT, 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.
b) If the date change requested by the client is for the following annuity, the change will be subject to the following conditions:
- The change will be subject to availability, and to the express acceptance for the owner, who will not be obligated to accept it.
- The client will lose the DEPOSIT paid, as a penalty freely agreed by the parties.
- The client will be given a bonus for the balance amount, to be exchanged in the following year.
3.6 If You Cancel Your Accommodation
I.- If the cancellation is for a cause not attributable to BHV and / or the owner, the client accepts the following conditions:
- The initial deposit that is needed to confirm your reservation is non-refundable, as well as the booking management fees paid by the Client to BHV. This is agreed as a penalty expressly and freely agreed upon by the parties.
- 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 (but not the “DEPOSIT”, nor the booking management costs paid to BHV). This is agreed as a penalty expressly and freely agreed upon by the parties.
- If the rental is cancelled with less than 60 days, the total amount (Deposit and balance) will not be refunded. This is agreed as a penalty expressly and freely agreed upon by the parties.
II.- In the event that the cancellation is due to “Fource Majeaure”, that is, for reasons not attributable to any of the parties, the Client will be entitled to the return of all the amounts paid to date (except the management costs of the reservation paid to BHV). For this, it will be an essential requirement that the cause of “force majeure” exists on the date for which the client had the reservation of the accommodation. Otherwise, the client expressly waives to claim the return of the deposit and the rest of the amounts paid up to the date of cancellation.
3.7 Change to Your Accommodation Arrangements
In the unlikely event that BHV has to make a major change to your accommodation, BHV 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. 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.
In these cases, the options would be the following:
- You will have the choice of either accepting the change of Accommodation offered (If the alternative is of a lower price, the difference will be refunded), or cancelling your booked Accommodation receiving a full refund of all monies paid as deposit and balance (no tickets, flights, etc) and waiving to claim anything else for any other concept.
- BHV will have the right to assign to the client a property of equal os superior category, characteristics and location, in this case, without any extra cost for the client.
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 BHV 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.
The client is knowledgeable and accepts that breakages and failures of the services may occur during the stay. If this occurs, the owner, with the intermediation of BHV, will do everything possible to solve it as soon as possible, without this giving rise to a penalty or compensation of any kind for the client, which the client expressly renounces.
3.9 Our Liability to You
BHV shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by BHV of this “intermediary contract”. Loss of profits or other economic losses arising out of a breach of this contract are hereby excluded. Any commission we have earned or are due to earn for a booking limits our maximum liability to you with regards to any fault with any service we provide. BHV is not responsible for services supplied by a third party susch as the owner or local agent of the property. BHV has no control over and will subsequently no accept responsibility fo any form of operational decisions made by airlines and/or airports which may result in flight delays, diversions or rescheduling.
In the sad and unfortunate event of for a personal injury o deth of you or any person named on the booking form or any other person at the property, neither we, or employees of BHV, who are solely acting as agent (real estate rental intermediary), shall be held responsible. If on of theses unfortunate circumstances is a result of proven negligence on behalf of the owner, the owner, not BHV may be held responsible. We also do not accept responsibility for either any breakdown of mechanical equipment susch as pumps, hot water boilers, pool filtration systems, accommodation equipment, of for the failure of public servicices sush as the supply of electricity, water o gas. BHV also has not liability to mend the foult or breakdown, this si the sole responsibility of the property owner. Consecuently, the client expressly reconounces to claim any resposability for these events or similar to BHV.
However, BHV will take all necessary measurements to ensure that appropriate action is taken as soon as possible, if a breakdown or fault of equipment is reported to property staff, agent, owner or BHV.
4.0 Client´s responsibility.
The accommodation and all contents such as all equipment, keys or remote controls, fitting and furniture, bedding, etc, and general facilities must be in the same state of repair and condition on your departure, as on your arrival. Appropiate payments to cover any damages or loss by the visiting party during their stay will be made to BHV as the agent from your security deposit or to the owner directly.
Es expect each member of the visitin party to behave in a correct and decent manner and the leading person, who has booked the holiday and has acknowledged and accepted this Terms and Conditions, is responsible for the behaviour of each person named on the booking form. In the unfortunate event that either you or any member of your party does not behave in a correct and decent manner you and your party may be requested to vacate the property without receiving a fefund of the price.
All valuable items that you leave at/in your accommodation are left there at your own personal risk. You are solely responsible for any for loss, theft or damage or any other security related incident caused under whatever circumstances BHV, the owner or our agents cannot be held responsible. Please be advised that it is your sole responsibility to activate burglar alarms, use the installed safe and take appropriate measures to avoid theft in your rented accommodation.
Social events and functions such as large parties, weddings, receptions, or gatherings involving more people than those currently occupying the accommodation must be agreed upon and notified to BHV before your arrival and BHV will subsequently inform the owner. An additional charge may be payable by you.
Please do not bring any pets without prior written consent of the owner, if the owner allows pets, then an additional damage / security charge may be requested.
4.1 Insurance your holiday.
Please make sure that you and your party have the necessary insurance coverage for medical needs, travel disruption, cancellation, flight delays etc. and also personal liability, an insurance is highly recommended. You are obliged to provide your insurance contract details and rest of information and BHV will not accept responsibility for any loss or incident if you have no such insurance in place. It is your responsibility to check any health requirements and to make sure that your insurance covers all your personal, individual needs and those of your party. You and your party are responsible for your personal documentation that it is valid abroad and you must claim off your insurance in the event of any losses during your holidays.
4.2 Documentation such as passports, visas & health requirements
BHV cannot be held responsible if you or any member of your party fail to provide the necessary travel documentations such as passports, visas etc. it is the sole responsibility of you all to make sure these documents are in order for your destination. For detailed information we advise that you check with the respective embassy or consulate before your travels. Furthermore, BHV will not accept responsibility for any illness or loss relating to your failure to comply with necessary requirements such as vaccines and a doctor’s clearance to travel. Members of your travel party, who either have a medical condition or are pregnant, should seek advice and clearance with regards to the travel plans from a doctor. Financial fines for not complying are the responsibility of each member of your party.
“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 VIA POLLENTIA, 3, 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 [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.