TERMS AND CONDITIONS OF THE CONTRACT

EV Menorca Real Estate S.L. CIF: B57400079, licensed reservation center: CR 0012 ME and EV North Mallorca Real Estate S.L. CIF: B57392730 licensed reservation center: CR / 37 / BAL / BAL, are intermediaries in advertising of tourist stays and reservation of tourist services individually between the marketer and the client.

1.- Booking

The contracting person must be at least 21 years of age and accept responsibility not only for themselves but also for their entire group for any misuse or mistreatment that may cause damage to property or to persons, either unintentionally or negligently, such as threatening behaviour, or physical or verbal abuse of our staff.

2.- Occupancy

The number of persons occupying the property may not exceed the capacity indicated in the property description unless by prior written agreement and knowledge of the commercial representative, including children and infants. Exceptions are subject to request and agreement.

3.- To confirm your booking

Payment of the deposit must be made using our online payment gateway by credit/debit card or by bank transfer. The second payment is made by bank transfer only. If the corresponding payment has not been received within two days of your confirmation the agency reserves the right to cancel the agreement.

4.- Eco-tax

Approx. €2 per adult per night to be paid as specified for each property.

5.- The security deposit

Specified for each property is a mandatory part of the contract. This amount will be paid prior to arrival, on arrival, or will be blocked from your credit card until the end of the stay as specified. The client undertakes to use the property as if it were his own home and to be respectful of the environment and to keep the property clean and tidy, taking care of the furniture, appliances, and equipment. During your stay rubbish should be emptied daily into the public rubbish bins and the use of electricity, lights, air-conditioning, and water should not be abused. When vacating the property, crockery and cutlery should be left washed, dried, and put away, the oven, grill, and BBQ must be clean and grease free and all furniture should be returned to its original position.

6.- Access to the property

Regardless of the stipulated arrival times please provide us with your approximate real arrival and departure times to the property as soon as they become available to you, as this information is extremely important to us for organizing transport, cleaning and providing other services. In the event the arrival and departure times represent a problem for you, we can advise you on how to proceed. You will receive directions and GPS coordinates to the accommodation, key collection instructions, check-in and check-out rules, internet access information, and any other useful information prior to arrival. You will also be given a contact telephone number in case of emergency. The key(s) must be returned within the scheduled timetable. If the keys are not returned on time, you will have to pay a penalty of double the actual daily rent at the time of termination of the contract, for each day of delay, as well as all additional direct and indirect costs that have been generated in order to recover the property.

7.- Tourist registration

It is essential that before arrival the client send us a copy of the passport or official identity card of each member of their group. The collection and treatment of these document will be in accordance with the data protection legislation (GDPR) (UE) 2016/679 from 27 April 2016 and in accordance with the Organic Law regarding Personal Data Protection (ES) (LOPD).

The client will also be required to fully complete, sign and return a client registration form (sent to them by email) with details of each member of the group over 16 years of age prior to having access to the property.

8.- Pets

Pets are not permitted under any circumstances unless by prior written agreement.

9.- Smoking

For health and safety reasons all our properties are designated non-smoking properties.

10.- Insurance

It is a prerequisite that you arrange adequate travel insurance for all members of your group, including cancellation cover and civil liability cover. The property is expressly excluded from any liability for damages, material, personal or otherwise that could result from the misuse of the property or outside areas. Each person of a group staying at the property is entirely responsible for their own actions, loss, illness, injury and damage or other.

11.- Extreme case scenario

Our agency is not responsible for the loss of your accommodation if the loss is caused by a events beyond our control such as threat of war, riot, terrorist activity, civil strife, labour dispute, technical or maintenance problems with transport, machinery or equipment, power failure, failure of water supply, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, acts of God, airport closure, strikes....

12.- Security

It is the client’s responsibility to ensure his belongings and those of his party are safely stored. Not all properties have an alarm system or safe, and even if you are in the property you can be a victim of break-in and theft. We urge you to always take appropriate care to keep your valuables safe; keep the car and house locked and your valuables in a safe place.

Swimming pool safety: Swimming pools do not have a lifeguard service, you are responsible for their proper use and safety. ALWAYS KEEP AN EYE ON YOUR CHILDREN and for safety reasons, no glass or sharp objects are allowed near the pool. Diving and the use of items other than life floats are not permitted.

13.- Changing reservation dates

If you decide to change your dates after you have received confirmation, our agency will endeavor to make the requested changes. However, in some cases, for example in the case of shortening the stay from two weeks to one, the second week will be considered a cancellation and the proportional cancellation charges will apply.

14.- Cancellation on your part

Cancellation will be treated as absolute from the date that a written request is received by the person responsible for the original booking. Charges will be applied according to the specific cancellation conditions of the property.

15.- Cancellation on our part

In the event that our agency observes or is informed of any changes regarding your booking, for example, a change in the quality indicated, major works in the area, serious repair required, impending sale, etc., we would notify you as soon as possible and try to offer you similar or superior accommodation as an alternative, subject to availability. If in spite of our efforts we are unable to find you a suitable alternative, then 100 % of the amount paid or the proportional amount if you had already enjoyed part of the stay would be refunded.

16.- Troubleshooting

In the case of any technical failure, it is important to specify very clearly what the problem is. Sometimes it can take days for a technician to come or for a part to be available. We cannot be held responsible for any mechanical breakdown of equipment such as water pumps, boilers, pool filtration systems, air conditioning units, domestic appliances, poor reception or loss of satellite signal, internet problems that are due to the inconsistency of the service provider, or lack of services such as water or power as a result of the suppliers cutting the service. The lack of any of these services is not grounds for compensation for having suffered the inconvenience of repairs being carried out and only in the unlikely event of a complete failure of the basic supplies will you be offered similar or superior alternative accommodation or a refund for any remaining period of your stay.

17.- Exterior noise or disturbances

Disturbances occurring outside the property are beyond our control. Construction work can arise at any time of year and unfortunately we do not receive notice of when work may begin and we have no control over building work when permissions are in place. But we will try by any means at our disposal to stop or lessen the disturbance. Interior work being carried out in the vicinity, such as the installation of windows or tiling are not considered to be a significant nuisance by local authorities.

We are not held responsible for discomforts that are caused by climate, flora, fauna, or problematic neighbors. Some rural properties in tranquil locations also share their terrain with insects, lizards, rodents, chickens, goats, donkeys, dogs ... etc. that are part of the environment.

18.- Description and photographs

While the agency makes every effort to ensure that the property descriptions in the brochure are accurate, they cannot be liable for discrepancies as a result of changes made after publication of the brochure / website. These changes are most likely aimed at improving the property for guests, such as, adding new furniture or rearranging furniture, painting, masonry, curtains, garden etc... If any major changes occur after your booking we would inform you as soon as possible.

19.- Complaints / claims

Every effort has been made to ensure that the needs of our rental guests are met. However, in the case of any grievance or reason to complain, it is essential to contact the agency or property manager immediately to enable them to try and resolve any problem as soon as possible.
If in the end the rental guest is not happy with the solution found or the action taken to try and resolve the problem and wishes to complain formally, our agency has complaint forms available specifically for tourist rental properties. If the guest leaves the property before the end of their stay or without having filled out a complaint form, it will be assumed that there is no complaint to be made against the agency or the owner.

20.- Failure by the contracting party

To comply with any of the obligations within this contract will entitle the owner/commercial representative to choose to either cancel your stay and that of your group or to apply a financial charge, deducting the corresponding amount from the security deposit, whilst retaining the right to claim compensation for damages caused,

21.- Conditions

Given that the booking is for a holiday rental within Spanish territory, it is the Spanish law that prevails. You are within your right to ask for a reclamation form and deliver it to the local authorities to ask for mediation in any disagreement that might arise from your contract.

22.- Data protection

EV MENORCA REAL ESTATE S.L. and EV NORTH MALLORCA REAL ESTATE S.L. are responsible for processing your personal data, which will have been provided with your consent. They hereby inform you that this data will be processed in accordance with the requirements of the regulations in force applicable to personal data protection - Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and the applicable Organic Law regarding Personal Data Protection (ES) (LOPD), with a view to maintaining a commercial relationship, and will be remain stored whilst there is a mutual interest to maintain the purpose of processing it. When no longer necessary for said purpose, your data will be deleted using adequate security measures to guarantee pseudonymization or will be totally destructed. No data will be communicated to third parties unless we are legally obligated to do so. We also hereby inform you that you can exercise your right to access, rectify, limit processing, delete, oppose the processing of your personal data or request its portability by contacting:-

  • EV NORTH MALLORCA REAL ESTATE S.L., VIA POLLENTIA 20, 07460 POLLENSA, MALLORCA, ILLES BALEARS. Email: pollensa@engelvoelkers.com
  • EV MENORCA REAL ESTATE S.L., SES MORERES 34, 07701 MAHÓN, MENORCA, ILLES BALEARS. Email: menorca@engelvoelkers.com

and for complaints regarding data protection via the website www.agpd.es