LUXURY VILLAS MALLORCA BY KAY SL. ( trading as Luxury Villas Mallorca ) of Calle Ca Na Cuco 15, Calvia 07184 (with Tax Identification number B16559312), and represented by the administrator KAY PERRY (the ‘Agent’ or ‘Agency’) acting as agent to the owner (‘Owner’) of the property (the ‘Property’)
And the ‘Guest’, named above, also referred to as ‘you’ or ‘your’ which collectively refers to all guests booked to stay at the property. The Guest signing this form must be aged at least 25 years of age by the check in date and may be referred to as the ´Lead Party Guest´
- BINDING NATURE: This agreement becomes binding when submitted electronically, or signed by you, or once the Agency has received your initial payment, whichever occurs first. You are signing this agreement on behalf of each of the guests booked to stay at the property.
- YOUR VILLA BOOKING: To confirm your booking the Agency must receive deposit payment of 50% of the total rental fee within 48 hours of receiving this agreement and the remaining 50% no later than 42 days, (six calendar weeks), before your arrival at the property. If your reservation is made less than 42 days before your arrival date the Agency must receive 100% of the total rental fees within 48 hours of receiving this agreement. Any late payments will be accepted only at the discretion of the Agency and the Owner, and may result in cancellation of this agreement. You will not be allowed access to the Property unless payment has been made in full, including the security deposit.
- SECURITY DEPOSIT: The Guest will pay the security deposit by credit card to the Agency at least two days before check in to the Property. The security deposit will be refunded entirely back to the same credit card within 15 days after the departure date. You must ensure that the Property, and all furniture, fixtures and fittings remain in the same condition and location as when you checked in. The cost to repair any damage to the property or its contents caused by negligence or undue care of the Guest, or any of the party, will be deducted from the security deposit. You are under obligation to report to the Agent any damages as soon as they occur.
- CANCELLATION POLICY: To cancel your booking, you must provide the Agency written notice of your cancellation. If the Agent receives this notice more than 180 days prior to check in at the Property, your deposit will be returned, less a €500 plus VAT administration fee which is withheld by the Agency. If notice is received less than 180 days prior to your arrival at the Property, all payments made are non-refundable. Covid cancellation is permitted up to 6 weeks prior to arrival. Thereafter ( from 6 weeks to arrival date) the option is to change your booking if you are not permitted to travel or lose your deposit if you choose not to travel.
- LIABILITY: You are solely responsible for all damages, injuries and losses in connection with the occupancy or use of the Property. Neither the Agency nor the Owner is liable for any delays, accidents, damages, injuries or losses suffered by you or your guests. The Agency is not responsible for the actions or faults of the Owner or any other third party involved in the rental of the Property (including any provider or additional guest services or activities organised for you). Furthermore, you acknowledge that the Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such no Property will ever be presented by the Agency as completely child friendly, and children must be supervised at all times.
- FORCE MAJEURE: Neither the Agent (including its suppliers) nor the Owner can accept liability for any damages, losses, injuries or delays caused by any circumstances amounting to ‘Force-Majeure’. Such events may include (by way of example and not by way of limitation), any fire, flood, hurricane, war, government action, riots, civil strife, industrial disputes, natural or nuclear disaster and all similar events.
- ACTUAL STATE OF THE PROPERTY: The Property will be maintained by the Owner in a good state to meet expected rental standards and the Guest commits to inhabit the Property in a respectful manner preventing, where possible, any kind of damages. The Guest and guests endeavour to hand the Property back in the same condition as it was received at check in. The Property must be left clean and tidy and the Agency reserves the right to charge the Guest a final cleaning fee should they deem the Property not left in that state. On occasion there may be breakdowns at the Property and the Agency will work with the Owner to resolve any issues within 24 hours. Please be aware however that Mallorca is not a 24/7 destination and there may be times, over weekends in particular, that services and workmen will not work, there may be further delays should parts need to be ordered from the mainland for example.
- ISLAND RESOURCES: The costs of water, gas, oil, electricity and internet are included in the rental price. However, the Guest is asked to switch off air conditioning and lights when not in the house and be extra conscious of water consumption as water sources here are alarmingly low. Being an island, resources of all commodities can be fragile, especially during the summer season to support the extra visitor numbers. Whilst most of our Properties are fitted with powerful satellite internet, you may be limited in download speeds or limits.
- VILLA ACCESS: Some of our Properties are located on unmade roads known as caminos, where local taxis may not come to. We can advise on transport solutions if required and also suitable car rentals to suit the terrain. Occasionally the Agent or Owner may need to access the property in order to effect services, inspections, repairs or supervision of any emergency works. These visits would always be announced in advance and the privacy of the Guest always respected.
- PROPERTY SECURITY: Though not widespread, from time to time Property break-ins may occur, many of which can be prevented should the Guest take all necessary safety precautions. The Agent asks that you use all alarm systems, secure all windows and doors, and keep any luxury items out of view when leaving the Property. For security reasons the Guest is also advised to use only suppliers recommended by the Agent. The Agent accepts no responsibility for your personal belongings and advises you to take out fully comprehensive travel, medical and contents insurance. The Agent does not take responsibility for luggage custody, nor guarantee the availability of storage space at the Property both before check in and after check out. In the event that a member of the Agency staff agrees to assist you with your luggage that member of staff will be exonerated from any liability in respect of damages, theft or loss of said luggage.
- YOUR RESPONSIBILITIES: The Lead Party Guest must provide us with a copy of their passport and home address, and the total number of occupants during the total rental period to allow the Owner to pay the correct amount of Balearic Eco Tax. On arrival we ask for your full attention while we take you through a short introduction to the Property and any specific guidelines from the Owner. The Guest must inform the Agent of any issues, breakages, breakdowns in or affecting the Property, or to its furniture or equipment. The Guest agrees that they will respect the Property at all times. The Guest will not sublet the Property and the number of guests staying at the Property must not exceed the number of sleeping places. The Guest will not carry out any illegal activities at the Property and will not disturb any neighbour’s peaceful enjoyment of their property. By Spanish law all music must be kept to an ambient level by midnight. Noise issues are dealt with very seriously by local law enforcement and you will be liable for any resulting fines and could also result in eviction from the Property following warnings from the Agent. You will need to request permission from the Agent for any parties, events or gatherings prior to reserving the Property and in some cases the Owner may request an additional event fee. All photos and video recordings at the Property are for personal use only, and no pets are allowed without first prior consent from the Agent. Open fires and charcoal BBQs are prohibited during summer months and the Guest is liable for any resulting fines resulting from their usage. All sets of keys must be kept safe and returned on check out, and the Guest must report any lost sets of keys immediately and you will be responsible for replacement costs of the keys, and in some cases the cost of changing all the locks of the Property. Check out time is 10:00am and we kindly ask that all bags are packed and house checked for you to be ready to depart at, or before, 10:00am.
- COMPLAINTS: Any complaints should be notified to the Agent within 24 hours. Any issue or complaint not resolved during the holiday should be made in writing to the Agent within 28 days after check out. The Lead Party Guest must make the complaint in writing.
- DATA PROTECTION: The Agent, Owner and Guest are acting under Spanish private data protection law (ley orgánica de protección de datos (LOPD) 15/1999 de 13 diciembre) and will not divulge any of the data in this contract to any third parties without written agreement of the above mentioned parties.
- JURISDICTION: Both parties agree specifically that the place of jurisdiction is in the courts of Mallorca. Any controversy arising from the present contract, be it the interpretation or fulfilment, shall be solved in the courts of Mallorca only.