Mediation Terms of Millorca Balear Rentals S.L.

General Terms and Conditions

1. General

1.1. Millorca Balear Rentals S.L. (hereinafter "Millorca") operates a platform for the brokerage of holiday accommodations in the Balearic Islands. Millorca acts solely as an intermediary between the owners of the holiday accommodations (hereinafter "Owner") and the end customers (hereinafter "Customer"). Millorca is not a contracting party to the contract concluded between the Owner and the Customer.

1.2 If Millorca brokers a combination of a main tourist service, such as accommodation, together with additional services offered by the Owner or other third parties (such as car rental, travel insurance, etc.), and these additional services are an essential part of the main service, Millorca acts solely as an intermediary of the contract between the Customer and the Owner or the third party, in accordance with the provisions of the Royal Legislative Decree on the protection of consumers and users and the Tourism Law of the Balearic Islands.

1.3. Millorca does not act as a tour operator for package tours but as an intermediary for linked travel services in accordance with applicable Spanish legislation. The contracts for linked travel services are concluded separately between the Customer and each service provider, without Millorca being liable for the proper provision of the individual services.

1.4. The following provisions, which govern the stay as well as the rights and obligations of the Customer and the Owner, are agreed by Millorca on behalf of and with the express authorization of the Owner. These provisions are part of the contract concluded between the Customer and the Owner through the mediation of Millorca.

2. Contractual Relationship

2.1. The rental contract for the holiday accommodation is concluded exclusively between the Owner and the Customer. Millorca is not responsible for fulfilling the obligations arising from this contract. Notwithstanding the obligations of Millorca as a provider of linked travel services (in particular the provision of the legally required form and the implementation of customer money protection in the event of collection activities by Millorca) and the legal consequences in the event of non-fulfillment of these legal obligations, Millorca is neither a tour operator nor a contracting party to the rental contract for the holiday property in the event of a booking if the conditions according to 1.2 or 1.3 are met. Therefore, Millorca is not liable for the information provided by the Owner regarding prices and services, for the provision of the services themselves, or for defects in them. Any liability of Millorca arising from the brokerage contract and the legal provisions, in particular according to the mandatory regulations on tele- and electronic commerce services, remains unaffected.

2.2. Millorca endeavors to provide information about the holiday accommodations as accurately and correctly as possible. However, the intermediary assumes no responsibility for the accuracy, completeness, or timeliness of this information.

3. Booking Procedure

3.1. Bookings can be made without individual communication via an online booking procedure (contract in electronic commerce). The booking is made by the Customer via the Millorca platform. The intermediary forwards the booking to the Owner, who can accept or reject it within a specified period. The following applies to the conclusion of the contract:

3.1.1. The online booking process is explained to the Customer on the relevant internet presence of Millorca. The Customer has the opportunity to correct his entries, delete, or reset the entire online booking form. The contract languages offered for the online booking are specified.

3.1.2. By pressing the "Book Now" button, the Customer makes a binding offer to the landlord via Millorca as his representative to conclude the rental contract. The Customer receives an immediate electronic confirmation of receipt of his booking.

3.1.3. The transmission of the contract offer by pressing the "Book Now" button does not entitle the Customer to the conclusion of the rental contract according to his booking data. The landlord or Millorca as his representative is free to decide whether to accept the Customer's contract offer or not.

3.1.4. The contract is concluded when Millorca as an intermediary and representative of the Owner sends the booking confirmation on behalf of the Owner to the Customer. This confirmation does not require any specific form.

3.2. Payment is made via a payment method offered by the platform.

4. Payment Processing

4.1. Millorca is authorized by the Owner as a commercial agent to collect all payments on his behalf, including cancellation fees and other payments such as deposit, final cleaning fee, and other costs associated with the rental conditions.

4.2. For its brokerage services, Millorca charges the Customer a service fee, which is generally non-refundable. The exact amount of this fee is communicated to the Customer in the offer and is part of the brokerage contract. The warranty rights and defect claims from the brokerage contract are not affected by this fee.

4.3. After sending the booking confirmation, the service fee and a deposit of 30% of the total price are due. This payment must be made immediately upon receipt of the booking documents to Millorca. The remaining payment must be made no later than 5 weeks before the start of the trip. The Customer is informed of these payment terms before booking.

4.4. If the payment is not made on time and the Customer is responsible for this delay, Millorca may, after a reminder and deadline expiration, terminate the contract on behalf of the Owner and charge the cancellation fees according to point 6.

4.5. As long as the Owner can provide the reserved property according to the contract and there is no right of retention by the Customer, the Customer has no right to use the property or the booked services without full payment.

5. Deposit

5.1. The Owner may require a deposit from the Customer as security. This deposit is a guarantee between the Customer and the Owner, and Millorca is not responsible for its refund unless acting as a collection agent. The deposit is usually paid on-site and can be refunded on the day of departure or up to 14 days thereafter.

5.2. If the Owner requires it, the deposit can be paid via Millorca by transfer, making it the collection agent. After the stay, if the property is in good condition, Millorca will refund the deposit to the Customer. In the event of damage, the amount required for repair will be deducted from the deposit, and the difference will be refunded to the Customer.

5.3. The deposit secures the fulfillment of the Customer's obligations under the contract with the landlord (in particular the return of the keys, the payment of additional costs based on consumption if a separate billing has been agreed, compensation for damage to the holiday apartment, and cleaning costs - if the Customer leaves the accommodation in an extremely dirty condition, the landlord reserves the right to use the deposit to cover the additional cleaning costs).

5.4. The landlord or his representative has the right to make reasonable deductions from the deposit.

5.5. Unless the landlord or his representatives offset the deposit with the claims according to clause 5.3, the refund will be made on the last day of occupancy before the Customer's departure. Otherwise, the settlement and, if applicable, the refund will be made no later than 14 days after the end of the occupancy.

6. Cancellation Conditions

6.1 The Customer is informed that there is no statutory right of withdrawal for rental contracts for holiday accommodations, both domestically and abroad. Cancellation of the contract is therefore only possible in accordance with the cancellation conditions agreed in the contract.

6.2 The Owners grant the Customer a contractual right of withdrawal, which is regulated as follows:

A free cancellation is possible up to 30 days before arrival. In case of cancellation from the 29th day until the day of arrival and in case of no-show without a declaration of withdrawal, 90% of the rental price will be charged.

6.3 The declaration of withdrawal must be made in writing.

7. Customer Obligations to the Owner

7.1 The Customer undertakes to treat the holiday accommodation and its inventory with care and to compensate for any damage caused by him or his companions.

7.2 Defects or disturbances in the property or its facilities must be reported to the Owner or his representative immediately. If the Customer fails to comply with this obligation, he loses all claims against the Owner, provided the Owner could have remedied the problem.

7.3 The property may only be used by the persons specified in the contract. In case of over-occupancy, the Owner has the right to terminate the contract immediately. Additional persons must leave the property immediately.

7.4 The Customer must follow all instructions and warnings regarding the use of the property and its facilities. Technical facilities may not be manipulated without the consent of the Owner or his representative. The Customer is liable for damage caused by improper handling.

7.5 The Customer must comply with all local regulations, especially those regarding fire protection, noise protection, and water supply.

7.6 The Customer is obliged to keep the property in good condition during his stay. Upon departure, he must dispose of the garbage personally. The final cleaning is carried out by the Owner or his local management. If additional cleaning is required, it will be charged to the Customer, as well as stains or damage that cannot be removed. The compensations must be paid before departure and can be deducted from the deposit.

7.7 Pets may only be brought with the prior consent of the Owner. The type, size, and number of animals must be correctly specified. False information or concealment of pets may lead to extraordinary termination of the contract by the Owner.

7.8. If the stay in the property is significantly impaired by a defect or disturbance for which the Owner is responsible, the Customer may terminate the contract. This also applies if the continuation of the stay is unreasonable. However, termination is only possible if the Customer has set a reasonable deadline for the Owner or his representative to remedy the defect and this has expired unsuccessfully. A deadline is not required if the remedy is impossible, refused, or immediate termination is justified in the interest of the Customer.

7.9. The Owner, his local representative, or Millorca as his representative may terminate the contract after the start of occupancy if the Customer and/or his fellow travelers persistently disrupt the fulfillment of the contract despite a warning or behave in a manner contrary to the contract that justifies immediate termination. This applies in particular to intentional or grossly negligent damage to the accommodation and inventory as well as culpable violation of the special obligations according to clause 10 of these conditions. In the event of termination of the contract, the Owner retains the right to the rental price; however, the Owner must credit the value of the saved expenses as well as the benefits that the Owner gains from an alternative occupancy of the accommodation.

8. Customer Obligations to Millorca

8.1. The Customer must report defects in the brokerage services of Millorca immediately and give an opportunity to remedy them. If the Customer does not make this report, he loses possible claims from the brokerage contract, provided Millorca could have remedied the defect.

9. Liability of the Intermediary

9.1. Millorca assumes no liability for the fulfillment of the contract by the Owner, in particular not for defects in the holiday accommodation or for damages that the Customer may suffer in connection with the use of this accommodation.

9.2. Millorca is only responsible for the proper fulfillment of its obligations as an intermediary unless something else has been expressly agreed with the Customer. These obligations include, in particular, the timely and correct transmission of the offer to conclude the contract with the service providers and, in the event of acceptance, the transmission of the contract confirmation on behalf and for the account of the service provider.

9.3. Millorca is not liable for defects or damages that the Customer may suffer in connection with the mediated travel service unless something else has been expressly agreed or guaranteed, especially if this guarantee deviates significantly from the service description of the provider.

9.4. The accommodation can be occupied on the day of arrival at the time specified in the documents about the arranged accommodation. There is no entitlement to an earlier arrival.

9.5. Millorca will inform you of the last arrival time. There is no entitlement to key handover and takeover of the accommodation in case of late arrival unless the Customer informs a justified reason for the delay in good time.

9.6. The guest must in any case inform the designated contact point in the applicable documents about a delay, especially if the Owner or the local representative is exceptionally willing to hand over the keys at a later time.

9.7. The accommodation costs of the guest due to late arrival are at the expense of the guest.

10. Choice of Law and Jurisdiction, Dispute Resolution for Consumers

10.1. Millorca does not participate in voluntary consumer dispute resolution. Should participation later become legally mandatory, Millorca will inform consumers about it. For contracts concluded electronically, Millorca refers to the European platform for online dispute resolution at Online Dispute Resolution.

10.2. The contractual relationship between the intermediary and the Customer is subject to Spanish law.

10.3. The place of jurisdiction for all disputes arising from or in connection with these brokerage conditions is, as far as legally permissible, the seat of Millorca.

10.4. Claims by Millorca against the Customer are brought at the Customer's place of residence. For Customers who are merchants, legal entities, or persons with residence abroad or whose residence is unknown at the time of filing the claim, the seat of Millorca is agreed as the place of jurisdiction.

10.5. These provisions do not apply if

a) International or European regulations that cannot be contractually changed offer more favorable conditions for the Customer, or

b) in the EU member state where the Customer resides, there are mandatory regulations that cannot be changed and that are more favorable for the Customer than the above provisions or the corresponding Spanish laws.

10.6. Should any of the provisions of these brokerage conditions be invalid or become invalid, the validity of the remaining provisions remains unaffected.

11. Force Majeure

11.1. In the event of force majeure events, such as natural disasters, wars, riots, terrorist attacks, official orders, or other unforeseeable and extraordinary circumstances beyond the control of Millorca, the Owner, or the Customer, which make the fulfillment of the contract impossible, both contracting parties are released from their contractual obligations.

11.2. Millorca will inform the Customer of such circumstances as soon as it becomes aware of them. In this case, the Customer has no right to compensation. Payments already made that are not related to the services provided will be refunded to the Customer in accordance with the applicable cancellation conditions.

11.3. Millorca is not liable for additional costs that the Customer may incur due to a cancellation due to force majeure.

12. Pandemics

12.1. In the event of pandemics, epidemics, or other health crises leading to official travel restrictions, quarantine obligations, or other significant disruptions to travel, the Customer may terminate the contract. In this case, the cancellation conditions according to point 6 apply, unless there are legal or regulatory provisions that provide otherwise.

12.2. If the holiday accommodation cannot be used due to pandemic-related restrictions, such as travel or accommodation bans, Millorca is obliged to inform the Customer immediately. Amounts already paid will be refunded to the Customer in accordance with legal provisions and cancellation conditions.

12.3. Millorca is not liable for damages, costs, or loss of travel enjoyment that the Customer may suffer in connection with cancellations, travel restrictions, or changes due to the pandemic.

13. Data Protection

13.1. Millorca processes the Customer's personal data exclusively in accordance with applicable data protection

13.2. Further information on data protection can be found in the privacy policy available on the platform.