The present document determines the general terms and conditions, applicable to the use of the products and the offered services in reference to the commercial activity of Travila (hereafter TRAVILA) with tax number x2652301x, and registered office in Calle Socorro 16, 4 in 07002 Palma de Mallorca.
Any person who wishes to contract the mentioned services must do it by subjection to the present terms and conditions.
The signature and acceptance of this document means also that the user of the services has read it and understands it entirely. Other conditions than the mentioned, are only allowed in case both parties have signed an explicit agreement in written form.
In case the parties leave out the regulation of any performance related to the offered products or services, the legal dispositions valid in Spain at the time of signature of the contract are applicable.
The present terms and conditions cancel and replace any previous agreement between the parties with the same objective.
Whether any of the clauses of the present contract is declared invalid or inapplicable, this clause is considered excluded from the document. This fact does not imply the
invalidity of the contract. In that case both parties will do their utmost to find an equivalent solution, which is valid and reflects duly their intentions.
The express acceptance of the present terms and conditions by remote has the same value as the handwritten signature and confirms and validates all conditions, rights
and obligations, described in a detailed manner in the present document.
The acceptance of the present terms and conditions includes the knowledge and approval that TRAVILA is allowed to consult common files on financial standing, open credit, as also fulfilment or non-compliance of financial obligations, for the purpose of assessing the economic solvency of the client.
TRAVILA will charge its services exclusively on the basis of the valid price lists, deposited in its offices and available to the clients. In any case, they can be requested by the client
for further knowledge.
The final price may vary in accordance to the increase or decrease of the indicated prices by the property.
All payments from clients to TRAVILA will be done in Euros, cash or bank transfer and without additional costs. TRAVILA does not assume bank charges for foreign transfers to its account. TRAVILA has the right to receive the entire agreed price.
TRAVILA reserves the right to require in advance amounts on account if it deems this appropriate and always with an adequate justification.
In case the client incurs a delay in payment, this situation generates the corresponding interest rate, to be paid by the client.
Until total payment of the corresponding amounts, TRAVILA has the right to retention of a thing / documentation and to maintain them in its possession. If this situation causes costs for TRAVILA, the client has the obligation to the pay.
All amounts requested by TRAVILA will be subject to the legal VAT rate in each moment.
BEGINNING AND END OF THE WORK
In reference to the application for tourist licenses, the work form TRAVILA will begin once TRAVILA has send the budget to the client and he or she has signed it and paid the agreed
amount. TRAVILA has no obligation to start its work if this condition is not fulfilled.
Completion dates for works ordered to TRAVILA are for guidance proposes and not binding, unless a completion date has been agreed expressly and in written form. The early compliance on the part of TRAVILA is permitted.
TRAVILA will deliver the required product, documentation or service to the client the agreed date and without the necessity of a concrete and determinate protocol in reference to
the acceptance or conformity. It is understood that the client accepts the product, documentation or service by receiving or delivery.
The photos from the rental properties are for informative purposes. The quality may be superior or inferior, but always with the average. All details and general informati- on, published in the advertisement, leaflets, presentations in the internet, etc. and which are not part of the signed contract between the client and TRAVILA, but related to the concerned product or service, as also to measures, colour, use, etc., as also all graphics and illustrations, are all approximated and not binding for the quality, finish or other characteristics. The description and the photos of the rental properties have been made in accordance to the information received from the owner. TRAVILA is not responsible for any discrepancies.
TRAVILA guarantees that, in practical terms, the offer is real and that the search and the offer or commercialization of the properties has been developed with due diligence, according to an experienced company.
If there is a objective difference between the real rental property and the agreed by both parties, because of existing problems in it, TRAVILA has the option to correct the irregu- larities noted without having the client the right to claim for any kind of compensation.
In case de rental property does not satisfy the clients expectations, TRAVILA can relocate them, in case of availability, in a rental property of similar characteristics.
The client affirms to know that a residence needs an continues upkeep, maintenance and functionality check. Defects occurring after and related to the stay are charged to
There is no responsibility of TRAVILA towards the owner for damages caused by actions or omissions from the client and neither in case of not respecting the regulations or recommendations reported by TRAVILA or its staff.
The client commits to look after the inventory as also the equipment in general of the rental property and to leave it clean, neat and tidy when leaving it. It is totally prohibited
to leave food scraps in the residence.
All key deliveries and signatures of contracts will be done in the office in Santanyí, located in Santanyí, Cami des cap de Sa Pared 14, without having the client the right to
claim for the costs for the displacement to the rental property and neither for any transfers related to the rental. Contracts signed per fax or e-mail will be accepted.
TRAVILA provides its service with the maximum diligence, enforceable in the exercise of its profession and in accordance to the code of conduct and/or any other deontologi- cal use ore regulation, which requires the exercise of the profession and completely subject to the present terms and conditions, as also the states, autonomic and local legislation.
TRAVILA is not responsible in case the owner does not have the necessary licenses / permissions / authorizations.
The obligations established for TRAVILA in the present terms and conditions are also binding on its employees. TRAVILA shall be liable to the client, if the mentioned obligations are
not fulfilled by any of the employees.
In the same vein, TRAVILA is not responsible for the type of rental between the client and the property (seasonal or touristic).
TRAVILA is not responsible, in case of touristic rentals, for infringements of the existing regulation committed by the owner. For example, if he does not have the compulsory insurance. It is the owners sole and exclusively responsibility. The client cannot make TRAVILA responsible for possible damages.
TRAVILA acts by order and on demand of the owner or hirer. TRAVILA is only an intermediary agent and proceeds according to its commercial knowledge and understanding. In fact, the contract will be signed in the name of the owner, hirer or administrator of the rental property. Because of this, compensations for damages can only be claimed to the mentioned owner, hirer or administrator.
TRAVILA is not responsible for the suspension of services, such as telephone, internet, electricity and water and neither in case of robbery and theft of any valuable item or acoustic contamination (noises from the street, a nearby construction, and others) It is a direct relationship between client and ownership.
TRAVILA will not take responsibility for errors in the services, damages to persons and objects in case of contracting out and in which TRAVILA has acted as an intermediary. These additional services are reflected in the reservation as additional services and with indication of all contact details of the offeree company. It is a direct relation between offeree and client.
The client has the right to cancel the contract before the date of finalization, but in this case TRAVILA has the right to perceive the agreed amounts until the date of cancellati- on, plus 3% as a compensation for the caused damages due to the breach of contract. In case the client has satisfied 100 % of the purchase price, the parties will agree a liquidation based on the agreed terms.
PLACE OF PERFORMANCE
The place of performance is Santanyí, unless the parties have agreed another place or address.
The relations, regulated in the present terms and conditions, are exclusively commercial.
TRAVILA can modify the present terms and conditions at any time and without prior notice, Communication of changes can be done via a publication on the web page and via
e-mail, previously provided. If in a seven day period no communication is received, it is understood that the client accepts it.
In reference to the communications and notifications which TRAVILA addresses to the client in compliance with the commercial relation and its development, they are conside- red as delivered when they have been sent to the provided e-mail address and / or postal address. The client can modify at any time the e-mail address.
If the client has a descriptive offer from TRAVILA when booking, this offer will constitute the basis of the present contract.
The reservation can be done verbally or in writing, via letter, fax or e-mail.
The client takes full responsibility for all contractual obligations of third persons for whom he or she makes the booking, as also individually, in case he or she has accepted them expressly and separately.
When contracting or immediately after, TRAVILA will send a written confirmation of the booking, which is legally binding. In case the client has made the reservation in an electro- nic form, TRAVILA will confirm the reception in the same way, via E-Mail.
In case the content of the booking confirmation is different to the reservation made by the client, this booking is seen as a new offer, binding for TRAVILA during a period of 10 days. The contract will be signed based on this new offer and in case the client accepts it in an explicit and concrete way (for example through a payment or moving into the property).
The contract is valid for the period and number of persons, as agreed in the contract. Only the number of persons who appear in the contract, are allowed to rent the pro- perty. The total number of persons includes adults and children. In case of exceeding the contractual number, the persons who are not included in the contract will have to leave the residence.
- To be in possession of the authorizations, licenses or administrative permissions, as also the titles which are necessary, in accordance to the valid legislation in each moment, for the development of the commercial activity.
- To use all documents with due diligence; as also to a correct safekeeping and not to use it for any other purpose than the delivery of the rental property or the service.
- Limit access to all information it is aware by virtue of the relation of collaboration only to authorized personal who needs to dispose of the information to carry out the delivery.
- Inform the staff and partner of each and every obligation, established in the present terms and conditions and to provide warnings and sign documents with the staff
and partners as may be necessary to ensure the fulfilment of the mentioned obligations.
- It is also its responsibility, as obligated subject according to the Law on the Prevention and Fight against Money Laundering, to fulfil and respect the related obligations
under the current legislation. TRAVILA must report any suspicion of Money laundering from interested persons in the rental or the delivery of services to the authorities.
CONCEPT OF CLIENT
- If it is a natural person, the spouse or person in a similar situation or descendants / ascendants of first grade will be included under this concept.
- In case of a legal person, any natural or legal person which has an important participation of the client (a participation of more than 25% of the capital structure), the group of companies formed by the client and all present and future companies, in which the client has an important participation of the capital (more than 25% of the capital structure), in a direct or indirect way and which management he or she controls or shares on equal terms with the entity outside the group.
In reference to the treatment of personal data, TRAVILA admits that the legislation about the personal data protection establishes a number of obligations regarding the treat- ment of personal data, particularly the prohibition to transfer personal data without the authorization from its holder. For this purpose, TRAVILA undertakes to:
- Previous achievement and duly custody of the express and unequivocal authorization from the client for the transfer of the corresponding personal data, having informed the interested person about the moment of the first transfer, the nature, name and address of the recipient, the purpose of the data, type of activity of TRAVILA, the possibility to revoke the given authorization, as also about any other requirement of the regulations on personal data protection, valid at the time.
- To keep the client safe from any damaged caused by the breach of any in the present terms and conditions established obligation, especially damages caused by the
reclamation of any natural person at the Spanish Agency for Data Protection in reference to the non-compliance of the actual data protection legislation.
- To cancel the personal clients when they have ceased to be necessary or pertinent for the purpose for which they were collected.
The present obligations are also binding for the employees and partner of TRAVILA. Consequently, everyone is responsible over the other in case the obligations are not fulfilled
by these employees and partners.
The confidentiality obligations, established in the present terms and conditions will have an indefinite duration and remain in force after the finalization, for any reason, of
the relation between TRAVILA and the client.
The relation of collaboration can be solved in any of the following suppositions:
- Any time, with 15 days’ notice to the other party. The mentioned rescission will not give the right to perceive any compensation for damages. All kind of documentation
has to be returned immediately.
- If TRAVILA does not proceed with due diligence or in good faith, inherent to its activity, or breaches the instructions, regulations or accorded procedures.
- In case any of the parties incurs in early settlement, dissolutions or judicial administration, extrajudicial, etc.
- Non-compliance of the general obligations.
The end of the collaboration does not free any of the parties from the contractual obligations towards each other, and neither affects rights or appeals which correspond to any of the parties due to previous actions during the validity of the contract.
Upon contract signing the client undertakes to make a first payment corresponding to 20% of the total rental. This amount has to be paid to TRAVILA within 5 days, free of charge. The first payment will be deducted from the total price for the rental. The corresponding amount for the first payment, as also the final payment, will be calculated according to the reserved property. TRAVILA acts as a collection agent en relations between property / hirer.
An additional charge of 1% will be applied for payments made by credit card. The final payment has to be done 8 weeks before entering the rental property.
In case of a last minute reservation (reservations made at such short notice that the total quantity for the rental has to be paid), the client has to make a payment of the
whole rental price at the time of reservation. TRAVILA simultaneously will deliver the corresponding contract.
If the client fails to perform payment within the periods stated, TRAVILA has the right, after the claim for payment with setting of a term of payment, in the name and on behalf of the hirer to cancel the contract. TRAVILA will charge the appropriate costs for the cancellation.
The increase of the price is only permitted in case that between the reservation date and the beginning of the rental period there is a period of more than 4 months and the circumstances which have caused this increase, did not exist or could not be predicted at the time of the signature. Price increases 20 days or less before the rental period are not permitted.
In case of a variation of the rent afterwards, TRAVILA is obligated to inform immediately the client. If the price increase is more than 5%, the client has the right to cancel the contract without charges or to be relocated in an equivalent rental property, if TRAVILA has the possibility to offer it. The client has to exercises immediately the right after the communication from TRAVILA about the price increase.
In rare cases it can be necessary to change any of the contracted services after the signatures of the contract. Changes are only permitted in case they do not affect consi- derably the stay in the rental property.
TRAVILA is obligated to inform immediately the client about substantial changes in the services. In case of a considerably change of an essential service, the client has the right to cancel the contract without charges or to be relocated in an equivalent rental property, if TRAVILA has the possibility to offer it without any costs. The client has to exercises immediately the right after the communication from TRAVILA about the change of the service.
After signing the contract the client is not allowed to make changes in reference to the rental property. Changes of reservations are only permitted in case TRAVILA can offer a rental property on same conditions.
For changes of reservation until 22 days before the rental period, TRAVILA will charge THIRTY EUROS (30, 00 €) as management fees.
From 21 days on before entering the rental property, changes are only allowed in case the presented contract is cancelled, having the right to perceive a compensation for
the caused damages, which will be detailed later. Simultaneously a new contract will be signed.
TRAVILA can sign up for additional services which are not included in the main service of the reservation (for example, a car rental). In any case, these services are not offered by TRAVILA, but are provided by a third party. The client will be informed about the name and the address from the bidder of the additional service when making the reservation. The contracted additional services are not part of the signed contract between TRAVILA and the client. Direct relationship between client / bidder.
The client has the right to cancel the contract any time before the beginning of the rental period and after a previous written notification and justification to TRAVILA. The date of cancellation will be the date of the reception of the notification at the registered office from TRAVILA.
TRAVILA, in case of cancellation or not entering the rental property due to personal reasons or force majeure, loses the right to perceive a quantity for the caused damages due to the previous work done, according to the rental price.
TRAVILA has the right to receive compensation according to the time frame between the cancellation of the contract and the beginning of the rental period. The percentages will be applied to the total rental price.
In case the client wants to cancel the contract because of a detected irregularity o a good reason, as the rental is totally unacceptable, and this is clearly recognized by TRAVILA, the company has a given timeframe to clarify and solve the situation.
At the time of booking, the customer must pay 20% of the total price of the lease. The remaining amount must be paid at least 2 months before the date of arrival, by bank transfer or credit card. The deposit must be paid by the customer on the day of arrival, in cash or by credit card and will be returned within 14 days of the date of departure.
In the event that the client cancels the reservation, proceed as follows:
1) If the cancellation is made at least 2 months before the date of arrival, the customer will be obliged to pay 50% Of the total price of the lease.
2) If the cancellation is made less than 2 months before the date of arrival, the customer will be obliged to pay 100% of the total price of the lease.
The costs for the cancellation are as follows:
- Up to 60 days before the beginning of the rental period: 50 % of the total price
- From 59 days before the beginning of the rental period: 100 % of the total price.
The client has the right to impose on TRAVILA that the caused damages are lower than the costs for the cancellation or does not exist.
TRAVILA reserves the right to claim for a higher compensation and calculated based on the reservation, instead of the mentioned costs in the aforementioned, in case it can
prove justifiably that the cancellation has caused major costs than the requested amounts.
TRAVILA recommends to contract a travel insurance.
The benefits and rights arising from the agreement between the client and TRAVILA are personal and non-transferable and can only be exercised by the client, without having the right to delegate such action to a third party, external to the legal relationship, except a previous written communication. Until the beginning of the rental period, the client may require that a third person assumes the rights and obligations of the contract. The management costs are 30,00 € for each reservation. TRAVILA can refuse its conformity in case this person does not fulfil the necessary requirements for the formalization of the rental contract or an existing regulation does not permit the rental. If a third person is included in the contract both are responsible to TRAVILA, as jointly liable, for the rental price and the incurred expenses by the incorporation of a third person in the contract.
In case the client has not enjoyed of an offered and contracted service by TRAVILA or in case the client has to leave the rental property before the ending of the accorded rental
period due to illness or any other reason by the client, the client has no right to receive a refund for a sum equivalent to the rental period.
The client has to claim immediately to TRAVILA in case he or she does not receive the documentation related to the reservation within the agreed timeframe.
At the time of the entry to the rental property, the client commits to check the inventory and inform in case of irregularities within 24 hours. The owner or administrator of
the rental property may regularize the situation. Late claims, after the first 24 hours, shall not be considered. No claims will be entertained in respect of insects (ants, mosquitoes, etc.).
Detected damages at the rental property have to be notified to TRAVILA within a maximum timeframe of 24 hours.
ENTRANCES AND EXIT
The clients may enter the rental property from 16.00 hours on and have to leave it the day of the end of the rental period at 10.00 hours, a no ser que en el contrato de
hubiesen pactado otros horarios.
The clients may enter the rental property from 16.00 hours and have to leave it at the end of the rental period at 10.00 hours, unless otherwise agreed in the contract.
The applicable law to this contract is the Spanish Law, valid at the time of the signature.
For any divergence that arises from this contract, both sides will submit to the Courts of Palma de Mallorca.