TERMS & CONDITIONS
Essential Villas Mallorca and essentialvillas.com are trade marks of EV Mallorca SLU. We, EV Mallorca SLU,arrange holiday accommodation for the owners of the properties featured on our website. Your contract is with the Property Owner.
2. FORMATION OF CONTRACT
2.1 – Before making a booking, you must contact us to obtain confirmation that your chosen property is available for the dates required.
2.2 – To proceed with a booking you must send us by email or fax the following information: Completed and signed Booking Form provided by us upon booking request. A copy of your passport or valid driving license. A proof of payment of the non refundable deposit if you decide to pay by bank transfer.
2.3 – A binding contract between the person who has signed the Booking Form and the Property Owner will be made after our confirmation of receipt of all the information from the point above.
2.4 – You are responsible for payment of the price of the holiday and the compliance of members of your party with these conditions.
2.5 – Bookings cannot be accepted from persons under 18 years of age at the time of booking. We reserve the right to refuse a booking without giving any reason.
2.6 – Receipt of the booking form without proof of payment and/or copy of your passport/valid driving license shall not coonsitute acceptance of any booking.
3.1 – The balance must be paid no later than two months before arrival unless otherwise agreed by e mail. Failure to pay the balance on time will constitute cancellation and cancellation charges will become payable in accordance with clause 6.
3.2 – Receipt and banking of any deposit by itself shall not constitute acceptance of any booking.
The prices given are in Euros or GBP, and the rental period is weekly, unless otherwise stated. The price for all properties includes at least one cleaning service a week unless otherwise stated. The property will be clean at the beginning of the rental period and you are asked to kindly leave it in a reasonable condition at the end of the period. The company has the right to charge for any additional cleaning necessary done at the time of departure should the property not be left in adequate condition i.e.: excessive amount of rubbish, stained sheets, curtains, etc within reason. The cleaning service does neither include washing up nor disposal of rubbish. Properties are let fully furnished and equipped. Linen is included in all our properties but is advisable to take beach towels and cot linen. Linen is normally changed once per week. Some properties may include extra cleaning in the price or it may be available upon request. The extra cleaning under special request shall be paid upon arrival. Please contact our agents prior to your arrival for further information. Should your property have a pool, this will be checked on a regular basis. Please note that in adverse weather conditions (intense heat, mud rain, etc) the chemicals in the water might unbalance. Please contact our agents in order to solve the problem as soon as possible. Air-conditioning where described may be static wall or floor mounted or portable units. The website states the additional facilities and services available as individual properties, please contact our agents for further information.
5. BREAKAGE DEPOSIT
All properties require the payment of a Breakage Deposit to cover the cost of any damage or breakages to the property or its contents. The deposit will be payable with your holiday balance. This amount will be refunded to you on departure day less any damage, losses, unpaid bills etc.
6. ALTERATIONS OR CANCELLATION BY US
Because we begin planning the arrangements we offer many months in advance, we must reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings. Occasionally, we may have to make a significant change. Examples of significant changes include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower classification for the whole or a major part of your holiday, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period. No compensation will be offered and we are not liable for these changes initiated by villa circumstances. If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the following options:
- (a) For significant changes, accepting the changed arrangements or
- (b) Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) and you cannot cancel your holiday without cancellation charges applying.
- (c) Should we be unable to offer alternative accommodation a full and immediate refund will be made.
We will not pay you compensation where we make a significant change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. We will not pay you compensation and the above options (a), (b), (c), will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. In rare circumstances, we may be forced by force majeure to change or terminate your accommodation. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result. We reserve the right to treat a change of property and/or holiday dates as a cancellation of one holiday and the booking of another.
7. CANCELLATION BY YOU
7.1 Any cancellation by you must be notified to us in writing by post, fax or e-mail. The effective date of cancellation is the date on which written notification is received by us.
7.2 The following charges will be payable depending on the time the notification of the cancellation is received:
- 60 days or more prior arrival: deposit forfeited.
- Within 59 days of arrival date: 100% of total booking cost.
8. VILLA INFORMATION
8.1 Please note that some of the pictures displayed in our website may have been taken with wide-angle lenses in order to provide you with a broader perspective of the property. Photographs taken at our properties cannot be used or sold for profit without authorization from EV Mallorca SLU.
8.2 While we make every effort to ensure that descriptions supplied are accurately reproduced, we cannot accept responsibility for errors contained therein or the results thereof. Minor differences between the photograph/illustration/text used and the actual property may arise.
8.3 Property Owners reserve the right to make modifications to the property specification that are considered necessary in the light of operating requirements. In the interests of continued improvement, Property Owners reserve the right to alter furniture, fittings, amenities, facilities or any activities, either advertised or previously available, without prior notice.
8.4 If material changes occur after your booking has been confirmed, we will advise you in due course.
9. NUMBER OF PEOPLE USING THE HOLIDAY ACCOMMODATION
The number of people staying at the property must not exceed the number of sleeping places indicated in the property description except in the case of infants under two years or special agreement. Some properties will limit the number of infants. In the event that the maximum number is exceeded without prior arrangement, the Property Owner or reserves the right to EV Mallorca SLU refuse or revoke the booking at their sole discretion.
No pets will be allowed unless agreed otherwise.
The Property Owner or his/her representative shall be allowed access to the property at a reasonable time during any holiday occupancy for the purposes of inspection and maintenance. Please note that this will be avoided where possible, and visits will be limited to a minimum. Should you feel an excess number of visits, or an invasion of your privacy, please contact your agent who will deal with the matter promptly.
12. ARRIVAL AND DEPARTURE
You will have access to occupy the property as of 4 p.m. on the holiday start date. The accommodation must be vacated by 10 a.m. on the last day unless otherwise specified on the accommodation voucher or agreed with EV Mallorca SLU. If these times are difficult, please advise us at the time of booking. If your arrival is delayed you must inform us so that suitable arrangements can be made for entry to the holiday accommodation.
13. YOUR RESPONSIBILITIES
13.1 – You must keep the holiday accommodation and all furniture, fittings, effects, facilities and equipment in the same state of repair and condition as at the commencement of the holiday, and leave the holiday accommodation in a reasonable state of cleanliness and general order in which it was found. You are responsible for all damage or losses which may occur to the property or its contents during your occupation, and will be responsible to paying appropriate compensation to the Property Owner direct or to us as agent in the event of breakages or damage.
13.2 – You must accept responsibility for the proper conduct of yourself and any members of your party whilst on holiday. In cases of serious misconduct, we reserve the right to terminate your holiday or that of any member of your party. This includes threatening behaviour, physical and serious verbal assault behaviour to our Resort staff. If we do so, we shall have no further responsibility or liability to you. If you or any member of your party wilfully, recklessly or negligently causes any damage to any accommodation, property, or person, you agree to indemnify us against any loss suffered by us (including legal costs), arising from such damage. Failure to pay for serious damage that you or your party has inflicted on a property can result in the local authorities called to intervene.
14. OUR LIABILITY AND THE PROPERTY OWNER
14.1 – Neither we (as agent for the Property Owner) nor the Property Owner shall be responsible for the death of or personal injury of you or any person named on the Booking Form or other person at the property, unless this results from the proven negligence of the owner, ourselves, or our employees.
14.2 – We shall not be liable for any loss, breach or delay due to any cause beyond our reasonable control, including though not limited to, force majeure, explosion, flood, tempest, fire, or accident, war or threat of war, civil disturbance, acts, restrictions, regulations, by-laws, or measures of any kind on the part of any governmental or local authority, strikes, lock-outs, or other industrial actions or disputes or adverse weather conditions. In any such case, we shall be entitled to treat the contract as discharged. In the event of such discharge, our liability shall be limited to the return of sums paid to us in respect of the (unused) portion of the holiday calculated on a pro rata daily basis.
14.3 – As with other countries, in the event of a breakdown engineers do have a specified call out pattern and it may take up to seven days before a visit can be arranged or a part ordered. No compensation will apply due to the failure of any appliance within this timeframe, but will of course assist you to the best of our ability. In the rare event of a total break-down with the basic supplies of water, electricity and use of swimming pool the representatives / suppliers concerned will endeavour to re-solve the problem within 24 hours to the nearest working day. We cannot be held responsible for breakdown of mechanical equipment such as pumps, boilers, swimming pool filtrations systems, etc. nor for failure of public utilities such as water, gas and electricity.
14.4 – Neither we nor the Property Owner is responsible for noise or disturbance originating beyond the boundaries of the holiday accommodation or which is beyond our control.
14.5 – Building works, serious construction works and the resulting noise from the site can take place at any time during the year on an adjoining or nearby property and land. If this work is affecting your holiday please report this to our representative immediately. Obviously this is beyond the control of the Property Owner, or ourselves, but we will make every effort to have the work stopped if possible. Should this is not possible, we will deem to offer you alternative accommodation, of the same or higher standard, strictly subject to availability. We do not receive advance notification of when building works will begin as these are carried out by third parties and we therefore have no control on this matter. Whilst we can assure you we will do our best to minimise any inconvenience or interruption to your holiday, we regret that this is a force majeure and we do not accept any liability or will pay any compensation. We closely monitor and will inform you immediately of any building work which could materially affect your holiday. We consider internal maintenance and the use of tile cutters and small power tools not to materially affect your holiday.
In the unlikely event that you are disappointed with the holiday accommodation, you must contact us immediately and we will try to solve the problem on spot. If after that, you still feel that the problem has not been resolved to your reasonable satisfaction, you should request and fill in a customer claim form within your stay. This form may be provided by your representative under request. If you vacate the property before the end of the rental period without prior notification or no claim form is received by us before your departure, you shall lose any rights to compensation.
16. EMERGENCY PHONE
You will be provided with our office number should you need to speak with one of our agents. A mobile number will be facilitated to all clients in order to offer assistance outside office hours. You are kindly asked to solely use this telephone number, in case of a real emergency. Our team will do their best to help you solve any problems that might arise but we cannot be held responsible for matters beyond our control. This service is purely assistance offered by us and does not replace official emergency services such as firemen, ambulance, police service, etc.
17. SECURITY AND VALUABLES
Any valuables left at the property are left at your own risk. Neither EV Mallorca SLU, nor the Property Owner are responsible for their loss. As with all rental properties in prime locations, there may be a risk of burglary. Where provided, burglar alarms must be activated, safes used and proper care taken against theft and burglary. We accept no responsibility for any loss, damage or consequential losses due to theft or any other security related incident howsoever caused. Please be extra cautious in allowing access to the property to unexpected technicians or staff.
All contractual obligations arising out of these booking conditions shall be deemed to come into existence in Spain, and be subject to Spanish law and the exclusive jurisdiction of the Spanish courts.
When we need to collect personally identifiable information from you, we will ask you to voluntarily supply us with the information we need. For example, if you would like to make a reservation, we will ask you for information such as name, address, telephone number, e-mail address to process your reservation. We will use your e-mail address to send a confirmation and, if necessary, might use the other information to contact you for help to process the reservation. As indicated below (see E-Mail section), we may also use your e-mail address to notify you about special offers and promotions. According to Organic Law 15/1999 of 13 December, of Personal Data Protection, Essential Villas, as mother company of EV Mallorca SLU has created a automatic file of personal data, which collect those necessary to process the reservation in our properties. EV Mallorca SLU guarantee all necessaries measures to assure a confidential deal of these data, which could be query, update o canceled by his titular. If you have any question about your personal data please send us an email to firstname.lastname@example.org