Terms of Mediation 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 mediation 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 mediates 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 rentals, 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 Act of the Balearic Islands.

1.3. Millorca does not act as a tour operator for package travel, but as an intermediary for connected travel services in accordance with applicable Spanish legislation. Contracts for connected 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 upon by Millorca on behalf of and with the express permission 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 the fulfillment of the obligations arising from this contract. Without prejudice to the obligations of Millorca as a provider of connected 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 these. Any liability of Millorca arising from the mediation contract and the statutory provisions, in particular in accordance with the mandatory provisions on tele- and electronic commerce services, remains unaffected.

2.2. Millorca strives 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 through 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 website of Millorca. The Customer has the option to correct their entries, delete the entire online booking form, or reset it. The contract languages offered for online booking are indicated.

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

3.1.3. The transmission of the contract offer by pressing the "Book Now" button does not establish a claim of the Customer to conclude the rental contract according to their booking data. The Owner or Millorca as their representative are free to decide whether to accept the Customer's contract offer or not.

3.1.4. The contract is concluded when Millorca as the intermediary and representative of the Owner sends the booking confirmation in the name of the Owner to the Customer. This confirmation does not require a 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 in their name, including cancellation fees and other payments such as deposits, final cleaning fees, and other costs associated with the rental conditions.

4.2. For its mediation services, Millorca charges the Customer a service fee, which is generally non-refundable. The exact amount of this fee will be communicated to the Customer in the offer and is part of the mediation contract. Warranty rights and claims for defects arising from the mediation 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 to be paid. This payment must be made immediately after receiving the booking documents to Millorca. The remaining payment must be made no later than 5 weeks before the start of the trip. The Customer will be informed of these payment conditions before booking.

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

4.5. As long as the Owner can provide the reserved property in accordance with 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 it acts as a collection agent. Typically, the deposit is 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 bank transfer, whereby it becomes 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 repairs 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 Owner (in particular, the return of the keys, the payment of additional costs based on consumption, if a separate billing has been agreed upon, compensation for damages to the holiday apartment, and cleaning costs - if the Customer leaves the accommodation in an extremely dirty condition, the Owner reserves the right to use the deposit to cover the additional cleaning costs).

5.4. The Owner or their representative has the right to make reasonable deductions from the deposit.

5.5. Unless the Owner or their representatives offset the deposit against the claims under clause 5.3, the refund will take place on the last day of occupancy before the Customer's departure. Otherwise, the settlement and, if applicable, the refund will occur 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 of holiday accommodations, both domestically and abroad. Therefore, a cancellation of the contract is only possible in accordance with the cancellation conditions agreed upon in the contract.

6.2 The Owners of the accommodations grant different cancellation conditions, which are divided into two categories: "Flexible Cancellation" and "Fixed Cancellation." The respective cancellation condition will be displayed during the booking process of the respective accommodation. The corresponding cancellation conditions are binding and apply from the time of booking.

6.2.1 Flexible Cancellation:

Cancellations by the Customer are free of charge up to 30 days before the start of the stay. In the case of a cancellation from the 29th day until the day of arrival, as well as in the case of no-show, the Customer pays 90% of the total rental price. Millorca reserves the right to retain the commission for the mediation, and the Owner receives the remaining amount.

The service fee remains unaffected in the event of a cancellation.

6.2.2 Fixed Cancellation:

For cancellations up to 90 days before the start of the occupancy: 30% of the total rental price.
For cancellations between 89 and 60 days before the start of the occupancy: 50% of the total rental price.
For cancellations between 59 and 30 days before the start of the occupancy: 75% of the total rental price.
For cancellations from 29 days before the start of the occupancy or in the case of no-show: 90% of the total rental price.

The service fee remains unaffected in the event of a cancellation.

6.3 The declaration of withdrawal must be made in writing.

7. Customer Obligations towards the Owner

7.1 The Customer agrees to treat the holiday accommodation and its inventory with care and to compensate for all damages caused by them or their companions.

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

7.3 The property may only be used by the persons specified in the contract. In the 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 their representative. The Customer is liable for damages 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 their stay. Upon departure, they must personally dispose of the garbage. The final cleaning is carried out by the Owner or their local management. If additional cleaning is required, this will be charged to the Customer, as well as stains or damages that cannot be removed. Compensation must be paid before departure and can be deducted from the deposit.

7.7 Pets may only be brought with the prior approval of the Owner. The type, size, and number of animals must be accurately specified. Incorrect information or the concealment of pets may lead to the 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 their representative to remedy the defect, and this has expired unsuccessfully. A deadline is not required if the remedy is impossible, is refused, or an immediate termination is justified in the interest of the Customer.

7.9. The Owner, their local representative, or Millorca as their representative may terminate the contract after the start of the occupancy if the Customer and/or their travel companions persistently disturb the fulfillment of the contract or behave contrary to the contract despite a warning, which justifies an immediate termination. This applies in particular to intentional or grossly negligent damage to the accommodation and its inventory, as well as culpable violations of the special obligations under 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 take into account the value of the saved expenses as well as the benefits that the Owner derives from any other occupancy of the accommodation.

8. Customer Obligations towards Millorca

8.1. The Customer must report defects in the mediation services of Millorca immediately and provide an opportunity for remedy. If the Customer fails to make this report, they lose any possible claims arising from the mediation contract, provided that 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 in the name and on behalf 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, in particular if this guarantee significantly deviates 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 regarding the arranged accommodation. There is no entitlement to an earlier arrival.

9.5. Millorca will inform you of the latest arrival time. There is no entitlement to key handover and acceptance of the accommodation in the event of late arrival, unless the Customer timely communicates a justified reason for the delay.

9.6. The guest must inform the designated contact in the applicable documents of any 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 borne by the guest.

10. Choice of Law and Jurisdiction, Consumer Dispute Resolution

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 online dispute resolution platform at Online Dispute Resolution.

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

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

10.4. Claims by Millorca against the Customer will be filed at the Customer's residence. For Customers who are merchants, legal entities, or persons residing abroad or whose residence is unknown at the time of filing the lawsuit, the registered office of Millorca is agreed as the jurisdiction.

10.5. These provisions do not apply if

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

b) there are mandatory provisions in the EU member state where the Customer resides 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 mediation conditions be invalid or become invalid, the validity of the remaining provisions shall remain 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 that are beyond the control of Millorca, the Owner, or the Customer and 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 claim for 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 that lead 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 the legal provisions and the 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 personal data of the Customer exclusively in accordance with applicable data protection laws.

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