The brokerage agency Mallorca Holiday Letting (proprietor: Jan Rieber), hereafter termed ‘MHL‘, offers via the Internet website www.mallorca-holiday-letting.com, hereafter termed "Website", brokerage services pertaining to lease agreements between proprietors, lessors or managers of holiday accommodation, hereafter termed "Owners" and applicants and any accompanying individuals, hereafter termed "Tenants". MHL, therefore, functions solely as a broker between Tenant and Owner. No further services are offered by MHL via the Internet or otherwise. These Terms of Brokerage and Terms of Business are to constitute the content of the Brokerage Agreement upon reservation, or initiation of a transaction, provided they remain valid and provided no alternative Terms are stipulated in writing. They also apply to the contractual association between the Tenant and the Owner, which formally comes into effect upon brokerage by MHL.
Declaration of Intent, submitted in writing (by e-mail or by telefax) by the Tenant must compulsorily accompany each reservation, or initiation of transaction. The reservation is confirmed by MHL by e-mail, telefax or post, based exclusively upon the description of the holiday accommodation provided on the Website or upon supplementary information provided by e-mail or by telefax and becomes legally binding only upon remittance of payment (see II. Payment). In exceptional cases, telephonic or verbal confirmation of a reservation may also be deemed legally binding. The reservation is invariably to be confirmed by the MHL on behalf of the Owner. It applies to the period of time and number of individuals and accompanying pets specified and agreed.
A proportional deposit is to be remitted to MHL before commencement of tenancy. The payment to be remitted is specified at the time of confirmation of the reservation and amounts to approximately 10% of the total reservation fee. Since MHL may not hold a reservation for holiday accommodation for more than five days, the corresponding remittance slip is to be sent to MHL by telefax or by e-mail within this period, subsequent to submission of the Declaration of Intent. Should the deposit or the remittance slip not be received by MHL within the period specified, MHL is entitled to terminate the Agreement on behalf of the Owner. Since this is explicitly stipulated in the Confirmation of Reservation, no issue of an overdue notice or of a deadline stipulation is deemed necessary prior to termination of the Agreement. Where applicable, MHL reserves the right to levy cancellation fees in accordance with Clause III. Right of Termination on behalf of the Owner.
Payment of the balance amount of the total charges stipulated, after deduction of the deposit remitted, is to be made in full, unless otherwise agreed. It is to be remitted in cash before check-in and induction on the first day of occupancy of the holiday accommodation. The non-recurring service surcharge detailed on the Website comprises, unless otherwise specified, all further incidental costs pertaining to the holiday accommodation, e.g., costs arising from electricity, gas, heating, air-conditioning and water usage; from the commissioning of a personal contact associate and from housekeeping, i.e., gardening services, linen supply and maintenance, washing and final cleaning, and is – likewise – payable before check-in and induction on the first day of occupancy. To simplify the procedure, this service surcharge is included in the total charges detailed by MHL on the Confirmation of Reservation. Should payment of the total charges detailed in the Confirmation of Reservation not be remitted in full, no claims pertaining to the holiday accommodation or any other associated contractual services are permissible.
The fee for check-ins and check-outs during the night between 10 P.M. and 7 A.M. is EUR 50.00 - payable upon handover of the holiday accomodation.
Over and above the remittance of the balance total charges stipulated and the service surcharge, a security deposit is also to be paid when being inducted by the personal contact associate. The security deposit amount is to be stipulated in the Confirmation of Reservation and is thereby deemed an integral constituent of the Agreement. The security deposit is to be paid in situ and in cash to the Owner or to the personal contact associate delegated. The Owner reserves the right to retain the security deposit proportionate to any damage caused to the holiday accommodation or its amenities that may reasonably be supposed or proven to have been occasioned by the Tenant or any accompanying individuals in order to cover the projected costs of repair and restitution. As soon as the holiday accommodation is surrendered to the Owner or the personal contact associate in accordance with Terms of the Agreement and provided no damages have been incurred, the security deposit is to be refunded at the conclusion of the reservation period. MHL is neither disquisitional nor liable to the Tenant in any way in respect of the security deposit.
MHL is the Owner’s authorised collecting agent. This applies to all payments, including the security deposit, cancellation fees, payment against damages, etc.
No legal right of termination subsists against lessors / Owners of holiday accommodation. Should a prospective tenant nevertheless choose to withdraw from the Agreement, MHL reserves the right to levy the following cancellation charges on behalf of the Owner:
Up to 90 days before commencement of tenancy: 25% of the total rent
Up to 60 days before commencement of tenancy: 50% of the total rent
Up to 30 days before commencement of tenancy: 75% of the total rent
Up to 10 days before commencement of tenancy: 90% of the total rent
Cancellations made on the date specified for arrival or instances of no-show will, likewise, incur a penalty of 90% of the total rent amount as well as charges accruing to the personal contact associate in the course of preparing the holiday accommodation for occupancy. These charges can amount to up to 50% of the service surcharge for specific types of holiday accommodation, e.g., luxury apartments, villas or large holiday homes.
The burden of proof of limited or no damage shall rest with the Tenant. We expressly recommend the obtaining of travel insurance with cancellation cover. Some service providers are listed on our Website in the navigation below the "Information" tab. Please note that there are multiple types of insurance cover, e.g., travel insurance with cancellation cover, travel insurance and travel interruption insurance. The Tenant is entitled to nominate a substitute Tenant in any instance of cancellation. All contractual rights and obligations are thereby to be assumed by the substitute Tenant. Should fundamental contractual conditions not subsist pertinent to a substitute individual, or if contractually agreed Terms are not met, MHL or the Owner have the right to decline the transfer of the Agreement. In principle, a re-reservation at disparate holiday accommodation is only permissible once the existing Agreement has been terminated and the necessary cancellation fees and charges, detailed above, have been paid and alternative holiday accommodation has been concomitantly reserved. Changes sought by the Tenant in respect of the time and duration of stay and any additional services booked, e.g., the provision of cots, high chairs or extra beds, must be approved by the Owner. However, no contractual or legal claim in this respect subsists or is permissible. If the changes sought by the Tenant are to result in the incurring of additional charges, MHL is to inform the Tenant in advance thereof. If the utilisation of the holiday accommodation is considerably impeded, endangered or impaired as a result of force majeure not foreseeable at the conclusion of the Agreement, both MHL, representing the Owner, and the Tenant may cancel the Agreement. If the utilisation of the holiday accommodation proves impossible in consequence of force majeure or owing to unforeseeable or unavoidable circumstances, MHL reserves the right to offer comparable alternative accommodation in the same or in a higher price category. Should it be impossible to arrange alternative accommodation, maximal liability is limited to the balance amount agreed. Payments already remitted will be refunded after deducting charges for services rendered.
If the Tenant does not utilise – or utilises only partially – contractual services offered in accordance with the terms of the Agreement, particularly as a result of delayed arrival and / or preponed departure owing to illness or other reasons for which the Owner and / or MHL cannot be held responsible, the customer may not claim a proportional refund. The Owner is, however, to refund to the Tenant any recouped income accruing from letting the accommodation to third parties.
MHL, representing the Owner, reserves the right to terminate the Agreement without prior notice even after commencement of occupancy:
1. if the Tenant or an accompanying individual wilfully damages the rented accommodation.
2. if the Tenant or an accompanying individual does not comply with existing regulations for rented accommodation and inappropriately disturbs or endangers other individuals.
3. if the Tenant does not remit the contractually agreed balance total rent charges, the service surcharge or the security deposit on the day of arrival.
If the Agreement is terminated in consequence of the reasons detailed above, the Owner is entitled to retain the total amount. The Owner must, however, take into account the value of any expenses saved as well as any advantages accruing from alternative occupancy of the holiday accommodation.
The Tenant and, if applicable, any accompanying individuals are to treat the holiday accommodation and its associated inventory with care. The Tenant is obligated to report immediately all instances of damage incurred during his / her stay, as set out in Clause V. Notification of Defects. The Tenant is personally liable for any damages caused by him / her or by accompanying individuals. The Tenant is requested to review the holiday accommodation inventory upon arrival and, should any deficits or damage subsist, to report these immediately, as set out in Clause V. Notification of Defects, so that corrective action can be taken. Corrective action is to be occasioned by the Tenant and may not be declined. Culpable failure to notify of defects is to result in the revocation of all Brokerage Agreement interests and rights held by the Tenant or any claims against the Owner, provided MHL or the Owner were to have been in a position to take corrective action or to have addressed the deficit by offering a transfer to comparable alternative holiday accommodation.
If the Tenant’s stay at the holiday accommodation is impaired in consequence of a deficit or a disturbance for which the Owner is to be held contractually liable, the Tenant may cancel the Agreement in conjunction with the Owner. This also applies if stay cannot be extended in consequence of such a deficit or disturbance for a significant reason, comprehensible to MHL Cancellation is permissible only if the Owner has allowed an appropriate period specified by the Tenant to elapse without taking corrective action. Specification of such a period is not necessary if corrective action is impossible or if it is declined by the Owner or if the immediate cancellation of the Agreement serves a specific interest of the Tenant.
Personal contact associates are, as a rule, commissioned by the Owner: they are not appointed by MHL, nor does any direct contractual arrangement subsist between them and MHL. Therefore, it is important that, in cases of dispute, the Tenant apprises MHL of the facts. In order to avoid misunderstandings of any sort and, thereby, to address any deficits in Mallorca fairly, comprehensibly and, above all, quickly and efficiently, any Notification of Defects must be produced by the Tenant as follows:
1. As soon as a deficit is identified or any damage occurs, the Tenant is required to bring this occurrence to the attention of the personal contact associate, referred to – in the directions issued by MHL to the Tenant – as the Object. In certain instances, the personal contact associate may remain inaccessible – even after several attempts to establish contact. In the absence of any communication in this regard with the personal contact associate, the Tenant is required to inform MHL of this occurrence.
2. Limited damage and deficits are to be inspected and promptly redressed by the personal contact associate; alternatively, the personal contact associate is to suggest temporary remedial measures. Should the Tenant not concur with the remedial measures suggested by the personal contact associate to redress the damage or deficits incurred, he / she is required to lodge a complaint with MHL immediately by e-mail or by telefax.
Since it is possible that the Tenant may have only limited access to e-mail or telefax facilities while vacationing in Mallorca, and in order to provide the Tenant with a simple, convenient and subsequently unambiguous and retrievable means of lodging a written complaint, a complaint form is readily available with each personal contact associate. This can be handed over to the Tenant either unprompted or upon request.
The Tenant is not obligated to complete the complaint form: however, if and when he / she chooses to complete it, it is incumbent upon him / her to complete it accurately, to sign it and to hand it over to the personal contact associate, who is then to forward it to MHL. At the bottom of each complaint form is a perforated section that the personal contact associate is to hand over to the Tenant in acknowledgment of the submission of the form.
The personal contact associate is then to assess the complaint detailed on the complaint form and to forward it immediately to MHL. Naturally, the Tenant may also lodge a complaint directly with MHL by e-mail or by telefax.
3. Should damages or deficits exceed the area of jurisdiction of the personal contact associate or should prior agreement not be reached about the redressal of a deficit or of damage, one or more MHL staff members who are in a position of trust are to assess the deficit or damage in situ in the presence of the Tenant and, if necessary, prepare documentation, e.g., obtain photographic evidence and witness statements, etc.
4. Regardless of the extent and significance of the damage or deficit, the entire process is to be documented by the personal contact associate in the form of a dated and timed report fed into a database, also accessible to MHL. The Tenant may request the MHL for a print-out or a copy of the report.
No liability subsists for instances wherein the holiday accommodation is impacted by force majeure, such as strike, war, earthquake, cuts in power and water supply, construction work in the vicinity of the holiday accommodation and other eventualities not foreseeable at the time of reservation. Similarly, liability is not assumed for the uninterrupted availability of electrical appliances and of facilities such as heating, lift equipment, air conditioning, pool, etc.
Internet access is provided in select holiday accommodation. Since the Internet provider in Mallorca is not in a position to provide permanent, uninterrupted services, uninterrupted services can, likewise, not be guaranteed by MHL. Therefore, while Internet connectivity is provided, it is not a contractual element.
Use of the holiday accommodation, inclusive of all associated outdoor facilities and amenities, is solely to be at the user’s own risk. MHL is not liable for accidents. The Tenant is expressly responsible for safeguarding his / her belongings, valuables and cash. The Owner and MHL assume no liability for theft. MHL’s contractual liability as a broker, in accordance with the Brokerage Agreement, is limited to three times the value of the brokered service in respect of any damages incurred by the Tenant other than physical injury, provided such damage occasioned to the Tenant by MHL is the result of neither wilfulness nor gross negligence on the part of MHL, or provided a single occurrence of damage is the result of gross negligence on the part of MHL.
The advertisement(s) for the holiday accommodation have been detailed to the best knowledge of the advertiser and according to details provided by the Owner or manager. The accommodation’s furnishings and equipment may vary from those shown in the photographs and described in the literature. Use of unheated swimming pools is restricted to the pool season that extends from May 15 to September 30 each year. This period may vary at the discretion of the Owner, and enquiries in this respect will be entertained. The holiday accommodation detailed on the Website is only to be brokered on a self-supporting basis. While commodities such as firewood, food, drinking water, cleaning materials and toiletries, etc. may indeed be rudimentarily provided – often as basic equipment in the holiday accommodation – they are not contractual elements.
MHL is to be promptly notified of any shortcomings in its brokerage services and it is to be provided an opportunity for redressal. If such shortcomings or deficits are culpably unreported, all claims of the Tenant arising from the Brokerage Agreement shall be invalidated.
Tenancy of the holiday accommodation is deemed to commence, unless otherwise agreed, on the date of arrival after 4.00 P.M. On the date of departure, the holiday accommodation must be vacated, unless otherwise agreed, at the latest by 10.00 A.M.
The brokered holiday accommodation may be occupied only by the number of individuals specified. Over-occupancy will entitle the Owner to levy an additional suitable fee pertinent to the period of over-occupancy and / or the additional occupants may be required to leave the holiday accommodation immediately.
The Tenant is not permitted to carry out any structural or other modifications to the holiday accommodation or to the grounds attached thereto. This includes re-arranging furniture, moving indoor furniture outdoors and any other modifications within, to and around the holiday accommodation. Likewise, the pitching of tents and caravans, etc. on the premises is strictly prohibited.
Pets may be housed within the holiday accommodation if permission thereof is expressly given in the description of the holiday accommodation. The Tenant is liable for any damages within and to the holiday accommodation, in particular for soiling resulting from excrement, urine, excessive moulting or infestations of mites, fleas, etc. Pets are not allowed on the beds and sofas or in the pools.
The legal and contractual relationship between the Tenant and MHL is subject exclusively to German Law. The Tenant may institute legal proceedings against MHL only at MHL?s registered offices. Any proceedings initiated by the MHL against the Tenant are to be determined by the Tenant’s domicile. In proceedings against Tenants who are in business, who are legal persons, whether governed by public or private law, or who are individuals whose domicile or usual place of residence is abroad or whose domicile or usual place of residence is unknown, the place of jurisdiction is to be the offices of MHL.
Any invalidity of single clauses of these General Terms and Conditions does not affect the validity of the remaining clauses. The invalid clause shall be replaced by a clause that most closely approximates the economic tenor of the invalid clause. This also applies to any contractual loopholes. MHL reserves the right to correct any errors, in particular typing or calculation errors, in its written provisions and confirmations and on its Website. Deviations from these General Terms and Conditions and from ancillary agreements require explicit written confirmation.
Draft dated: 26.11.2009