General terms and conditions of business and contract

By booking with Cala Fornells Immobilien S.L.U., hereinafter referred to as CFI, the client accepts the following terms and conditions. In principle, CFI always acts in representation and on behalf of the owner of the rented holiday property.
 

Booking
A booking always requires a written declaration of intent by the tenant by e-mail. The booking is confirmed by CFI by e-mail and is based exclusively on the description of the holiday home on the CFI website or on supplementary information provided by CFI by e-mail. The booking is legally binding upon delivery of the order confirmation. The booking is only valid for the specified period and the registered number of persons and pets.

As the CFI is obliged to report the data of all arriving guests to the police and tourism authorities, copies of passports or identity cards are to be sent to the CFI by e-mail upon request by the CFI. The documents must be valid and clearly legible. No areas of the documents may be blacked out or made unrecognisable. Driving licences or other documents will not be accepted. This action is compulsory and must have been taken before the start of the journey. The copies will not be altered or edited in any way and will not be used for any other purpose. After registration, the copies will be completely deleted.

Payment
A deposit must be paid to CIF before the booking is finalised. The amount of the deposit as well as the amount of the balance payment is stated in the booking confirmation. Also included in the booking confirmation are the deadlines and payment options for the respective payments and the amount of the deposit, which thus becomes part of the contract. The method of payment of the deposit depends on the property and is also included in the booking confirmation. CFI, the owner or their vicarious agents are entitled to withhold from the deposit the costs likely to be incurred to cover damage to the holiday property or its furnishings where there are reasonable grounds for believing that such damage was caused by the tenant or any fellow travellers. The deposit will be returned as soon as the holiday property has been inspected by CFI, the owner or their agents and no damage has been found. CFI has no further rights or obligations to the tenant in respect of the deposit.

If applicable, the Ecotasa (tourist tax), in the respective valid amount, is to be paid on site to CFI, the owner directly or their vicarious agents. The exact amount will also be stated in the booking confirmation. In some properties, the Ecotasa is paid as a lump sum and not charged separately. CFI and its agents are authorised to collect all payments to the owner of the holiday property. This also applies to deposits, cancellation payments, damage payments, the Ecotasa, etc.
 

Equipment of the holiday properties
The advertisement of the holiday properties has been prepared to the best of our knowledge and according to the information provided by the owner or manager. The furnishings and equipment of the holiday properties shown and described in the pictures and in the detailed descriptions may vary under certain circumstances.

The pool season for unheated facilities is from 15.5. to 30.9. of the respective year. This period may vary, depending on the decision of the owners and can be requested upon request.

All holiday properties are exclusively arranged for self-catering. Consumables such as firewood, food and drinking water, cleaning agents, hygiene articles, etc. are often provided as initial equipment in the holiday properties, but are not part of the contract.

It is the responsibility of the owners of the holiday properties to make changes to the inventory. These can also be made after the booking of a holiday property. In case of major or restrictive changes, CFI will inform the tenant. A different sofa, TV or similar changes are tolerable and are not grounds for termination of the contract or reduction of rent. Under no circumstances will CFI be liable for such changes in any way.
 

Check-in, check-out and number of persons
Unless otherwise agreed, the holiday property may be occupied from 16:00 on the day of arrival. On the day of departure, the holiday property must be vacated by 10:00 a.m. at the latest, unless otherwise agreed. If, due to a delay caused by the guest, the holiday property cannot be prepared in time for the next guests and costs are incurred as a result, these costs will be charged and retained from the deposit.  
 The arranged holiday property may only be occupied by the specified number of persons. In the event of over-occupancy, the owner is entitled to charge an additional reasonable fee for the period of over-occupancy and/or the excess persons must leave the holiday property immediately.
 

Right of cancellation and rebooking
Free cancellations are possible up to a maximum of 35 days before arrival, after that only in exceptional cases. For example, if it is impossible to enter or leave the country or if there is a ban on accommodation in holiday properties. We expressly recommend travel cancellation insurance. In case of cancellation later than 35 days before arrival, the full rental price is due.

The holiday properties are prepared for guests on the day of arrival or one day before. This involves an enormous amount of work, especially for large properties. In case of cancellation on the day of arrival, if the holiday property was already prepared, even the day before, or in case of no-show, the costs for the preparation of the holiday property will also be charged. In the event of a cancellation or rebooking, CFI may additionally charge a flat-rate processing fee of 50 euros. The Lessee reserves the right to prove a lesser or non-existent damage.

Cancellation of the contract
If the use of the holiday property is considerably impeded, endangered or unreasonably impaired as a result of force majeure or other circumstances not foreseeable at the time of booking, both CFI and the Tenant may terminate the contract. In this case, CFI shall attempt to offer another holiday property. If this holiday property is not accepted by the Tenant, the liability shall be limited to the amount of the agreed final payment at the most. Payments already made will be refunded, if necessary with a deduction for services rendered.

If the Tenant does not or not completely make use of services that were made available to him in accordance with the contract, in particular as a result of late arrival and/or early departure due to illness or for other reasons for which the owner of the holiday property or CFI are not responsible, there shall be no entitlement to a pro rata refund.
 

Responsibility
CFI, as an agent, is not liable for any damages or defects of the holiday properties. Legal claims are always to be addressed directly to the owner of the holiday property.
The use of the holiday property, including all associated outdoor facilities and equipment, is at your own risk. CFI accepts no liability in the event of accidents. The tenant is responsible for his own belongings, valuables and cash. The owner of the holiday property and CFI accept no liability in the event of theft or vandalism by third parties.

The contractual liability of CFI as an intermediary arising from the intermediation contract is limited to the simple value of the intermediation service for any damage to the tenant that is not bodily injury, insofar as the damage to the tenant was not caused by CFI either intentionally or through gross negligence or CFI is responsible for a damage solely due to the fault of a vicarious agent of CFI.

Data Protection
CFI complies with the provisions of the Spanish Data Protection Act (Constitutional Law 15/1999 on the Protection of Personal Data) and other legislation in this field and has a Privacy Policy for Personal Data which can be consulted here: https://www.cfi-sl.com/en/contact/privacy-policy.html

Miscellaneous
Due to the risk of fire and the legal regulations, the charging of electric vehicles in and at the respective object is strictly prohibited.

The tenant is not allowed to make any structural or other changes in the holiday home or on the property belonging to it. This also includes moving furniture, moving furniture from the indoor area to the outdoor area or other changes in, on and around the holiday property. The setting up of tents, caravans etc. on the property is also not permitted.

Pets may only be brought into the holiday property if this has been stated in the description of the holiday property or confirmed in writing by CFI. The tenant is liable for any damage in and on the holiday property, also and in particular for soiling by excrement, urine, excessive hair contamination or vermin infestation by mites, fleas, etc.. Pets are to be kept away from beds, sofas and pools as a matter of principle.
 

APPLICABLE LAW AND JURISDICTION
In the event of any dispute or conflict regarding the interpretation of the provisions contained in this Legal Notice, as well as any issue related to the offers and services provided by these web pages, Spanish law shall apply, unless consumer protection regulations require the application of a different legislation.

For the resolution of any disputes that may arise on the occasion of visiting these web pages and the use or purchase of the services offered therein, CFI and the user agree to submit to Spanish legislation and the courts of Palma de Mallorca, expressly waiving their own jurisdiction.
 

Final clause
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a valid provision which comes as close as possible to its economic content. The same applies to any loopholes in the contract. CFI reserves the right to correct errors, in particular typing or calculation errors in written offers, confirmations and the Internet pages of CFI. Deviations and ancillary agreements must always be made in writing.

Status 15.11.2022