GENERAL TERMS AND CONDITIONS OF INTERMEDIATION OF CIEN POR CIEN SUNSHINE S.L.
Translation from Spanish
1. Services and legal regime
1.1 The company CIEN POR CIEN SUNSHINE S.L., with registered office in Campos, Carrer de Sant Julià 1A, registered in the Mercantile Register of Mallorca, Volume 2420, Book 0, Folio 190, Page PM 6527, is an intermediary of the rental objects offered on the website www.lifestylefincas.com.
1.2 The legal relationship established between the customer and the lessor is governed by the Spanish quality certificate for rental objects for tourist use in the Balearic Islands (called DECLARACIÓ RESPONSABLE D’INICI D’ACTIVITAT TURÍSTICA D’ESTADES TURÍSTIQUES EN HABITATGES and/or ETV).
1.3 The landlord has authorised the intermediary to transfer the right of use of the rental object and its annexe buildings in his name and on his behalf and to collect the resulting sums of money.
2. Making reservations
2.1 Reservations can be made verbally, in writing, by telephone, by e-mail or via the reservation form (binding reservation request) available on the Internet.
Information provided by the intermediary prior to the booking regarding availability is not binding and does not yet constitute a contractual offer.
2.2 The contract between the customer and the landlord is legally effective through the booking request sent in accordance with section 2.1 by means of the booking confirmation.
3. Payment
3.1 The customer is obliged to pay the intermediary an advance payment of 30 % of the total rental amount by bank transfer within seven days after receipt of the booking confirmation. The remaining amount must be transferred to the intermediary at least eight weeks before the start of the rental period. The terms of payment will be communicated to the client on request; in any case, they can be found in the booking request or, if applicable, in the booking confirmation.
3.2 If the corresponding advance payment has not been made before the expiry of the seven-day period, the booking shall be deemed not to have been made and the customer can no longer claim any right to occupy the object or to the provision of any other contractual services.
4. Withdrawal from the contract by the customer / change of reservation / cancellation
4.1 The customer can only withdraw from the booking made by sending a written declaration of withdrawal to the intermediary and by paying the following penalty:
a) Withdrawal up to 90 days before the beginning of the rental period: 30% of the total amount.
b) Withdrawal between 89 and 60 days before the beginning of the rental period: 50% of the total amount.
c) Withdrawal between 59 and 30 days before the start of the rental period: 75% of the total amount.
d) Withdrawal from the 29th day before the start of the rental period: 100% of the total amount.
4.2 The Rental Firm is not obliged to provide proof of occupancy of the rental object by other customers during the originally agreed rental period.
4.3 After the commencement of the rental period, the customer must notify the intermediary immediately of any defects in the intermediary service, so that the intermediary can rectify the error. If this notification is culpably omitted, any rights to which the client may be entitled under this brokerage contract shall be extinguished. The rental objects are often surrounded by gardens, so that ants, mosquitoes and other small animals as well as the effects of the natural environment are to be expected; however, these circumstances do not constitute defects and do not justify the cancellation of the contract by the customer, who is also not entitled to claim damages in this respect.
5. Withdrawal from the contract by the Rental Firm
5.1 The Rental Firm is entitled to withdraw from the contract in the event of sale or due to the economic requirements of the object of rental. In this case, the customer is entitled to a full refund of the payments already made.
5.2 The agent or the landlord can terminate the rental agreement after the tenant has occupied the holiday home, if the tenant or the persons accompanying the tenant continuously disturb the execution of the agreement despite having been warned of this, or if their behaviour violates the provisions of the agreement (by causing damage to the holiday home and the inventory through gross negligence, as well as by culpably breaching their obligations towards the landlord, see section 11) in such a way that an immediate cancellation of the agreement is justified.
6. Provision of additional services
The client can commission the intermediary with the provision of third party services, such as extra services such as cleaning, massage, catering, car hire, transfers, sporting events or travel cancellation insurance, at an additional charge. The client is not allowed to order any services in the holiday home on his own without informing the owner in advance and obtaining his approval.
7. Services not used
The client is not entitled to a proportional refund in the event that he/she is unable to use a contractual service made available to him/her, in particular as a result of a delay in arrival and/or premature departure, due to illness or any other cause not attributable to the holiday home owner or the intermediary.
8. Deposit
8.1 The customer shall pay the landlord or a person commissioned by the landlord – if agreed in advance – a security deposit, the amount of which shall be agreed in advance, by transfer prior to arrival or in cash on handover of the keys and the rental item (depending on the rental item).
8.2 This security deposit is intended to guarantee the damage-free return of the rental item and, depending on the rental item, shall be returned to the customer either in cash on departure or, at the latest, seven days after departure by bank transfer, after deduction of any damage caused by the customer.
8.3 On receipt of the key, the customer accepts the rental item with all furniture, household goods and equipment and declares that he/she agrees with the condition of the rental item. In this respect, it is assumed that the customer has inspected the respective rental item before handing over the keys.
8.4 The customer shall contact the landlord or the intermediary for the handover of the keys and the rental item.
9. Liability on the part of the customer
The customer is liable for any damage to the rental item and for any damage to property. He is obliged to pay the value of the damage. The return of the security deposit by the intermediary or the landlord does not mean that there is no such damage, as only a superficial inspection of the rental object is carried out on the departure of the client.
10. Liability on the part of the intermediary
10.1 Under no circumstances can the intermediary be held liable for any damage that the client or the persons accompanying him may have suffered during the use of the rental object and its annexe buildings. The client waives any legal claims against the intermediary, who acts solely on behalf of the owner of the rental object on which this contract is based.
10.2 The intermediary is not liable for any possible misinformation regarding the equipment of the individual rental objects. The description of the individual houses (bed and pool measurements, square metres, etc.) and the photos are based on the information provided by the landlord and are subject to possible deviations and errors.
11. Obligations of the customer vis-à-vis the rental company / intermediary
11.1 The rental item may only be occupied by the number of persons specified in the contract. In the event of over-occupation, the landlord is entitled to claim a reasonable additional fee for the period of time in which the over-occupation has taken place, and persons not included in the number of persons specified in the contract must leave the object immediately.
11.2 Entry to the rental object is generally permitted at 4 p.m., and return on the day of departure at 10 a.m. The client must inform the intermediary at the latest at the time of departure. The client must inform the intermediary in textual form electronically or by telephone of any changes to the time of arrival or departure prior to his arrival in Mallorca.
11.3 The client is obliged to inform the intermediary immediately of any failure in the electricity or water supply which affects the heating or air-conditioning system of the rental object. The intermediary shall take all appropriate measures to rectify the problem as quickly as possible, although the success of this will depend directly on the professionals engaged for this purpose.
11.4 It is not permitted to use the property as a location for parties, additional overnight stays such as tents, motorhomes, etc..
11.5 Changes or successions of occupants are only permitted if the intermediary or the rental company is informed in advance of such a change in occupancy. If this is not the case, the rental company and the intermediary are entitled to claim an additional fee.
11.6 The guest is obliged to return the accommodation in a tidy, clean and undamaged condition and to dispose of all rubbish and foodstuffs whose packaging has been opened.
11.7 The presence of pets is only permitted with the express permission of the landlord.
12. Data protection
In accordance with the Organic Law 15/1999, of 13th December, on the Protection of Personal Data, and with the provisions of the present document, we inform you that the personal data you provide us with will be stored in the database of our company CIEN POR CIEN SUNSHINE, S.L. The purpose of this data storage is to carry out the accounting and administrative procedures necessary for the contractual relationship and for its processing in fiscal matters, as well as the sending of communications and information of a commercial nature about our products and services.
All data will be treated in strict confidence and will not be passed on to third parties for purposes not permitted by the contract. The database is located at Passeig del Borne, 17, and is supervised by our company. In accordance with Law 15/1999 on Data Protection, CIEN POR CIEN SUNSHINE, S.L. is responsible for the data provided and its integrity.
Additionally, you may exercise your right of access, rectification, cancellation and opposition by sending a registered letter to the address mentioned in this document (please include a copy of your identity document).
13. Place of jurisdiction
For any discrepancy that may arise in relation to the application, interpretation or execution of this contract, the parties submit to the jurisdiction of the courts of Palma de Mallorca, and expressly waive their own place of jurisdiction.