1.0 Your Accommodation Contract
Your Accommodation Contract is with Mallorca Farmhouses SL (hereafter referred to as SL) whose registered office is at C/Horts 5, 07200 Felanitx, Mallorca. Who is the Accommodation provider and Principal. Mallorca Farmhouses Ltd (here in and after referred to as MFH) acts as approved agent for Mallorca Farmhouses SL. When you make a booking, you confirm that you have the authority to accept, and do accept, on behalf of all your named party these Terms and Booking Conditions. This contract is between SL and you and the rest of your named party on a joint and several basis. Any persons staying at the relevant Accommodation, who have not been declared to SL as guests, prior to the start of the rental period, will not be party hereto and will be required to leave the premises immediately and have no redress in law. This contract is made on the terms contained herein and all written or verbal representations made by SL or MFH are hereby excluded. The validity, construction and performance of these terms shall be governed by Spanish Law and shall be subject to the exclusive jurisdiction of the Spanish courts to which the parties submit.
1.1 Accommodation Only Bookings
When you book Accommodation only, MFH act as booking agents on behalf of all properties featured in the brochure and on MFH website www.mallorca.co.uk. Your contract is with SL. MFH will send you a confirmation invoice issued by MFH on behalf of SL in accordance with these terms and conditions. Please note that it is important to check carefully the details of your booking, when you receive it. If you want to cancel or change your booking later, you may have to pay amendment or cancellation charges which may be as much as the whole Accommodation costs. Maid service is provided as stated with each property - twice weekly means a full clean on day of arrival and a midweek clean and tidy up.
1.2 The Accommodation Price
The prices shown in the MFH brochure/website are for the property rental for the duration stated including services as stated for each property. SL reserves the right to alter the prices of any of the Accommodations shown in the brochure or website. You will be advised of the current price of the Accommodation that you wish to book before your contract is confirmed. When your reservation is confirmed, we require a non-refundable 25% deposit of the total Accommodation cost.
The full balance of all sums payable hereunder is due 10 weeks prior to your departure date. If the full balance due is not paid by the required date, SL reserves the right without further notice, to cancel your booking and retain your deposit. The price shown on the website on your day of booking is the price you pay. Administration charges for booking changes are £25.00/€27.50 per booking if made within 7 days of when the Accommodation booking is to commence. Outside this period no admin charge is payable.
Payments can be made by Visa, Mastercard or American Express, there are no surcharges. Payments can also be made by Bank Transfer, with the costs associated with the payment by Bank Transfer to be incurred by you.
Some properties are subject to a security breakage deposit. This deposit is refundable, less any breakages, which will be charged in full against this deposit. Provided there are no breakages the deposit will be refunded in full within 28 days of your return. Any breakages due will be deducted from your credit/debit card and an invoice showing details of the breakages will be forwarded to you, alongside a receipt of the damages incurred.
Regrettably pets are not allowed in the properties, unless stated to the contrary in the property description.
1.6 Property Descriptions
The descriptions and information contained in the brochure and on the website are personally written by a member of staff who have visited each property and are made in good faith. It is possible that changes in facilities may occur without MFH or SL knowledge. In this event MFH will endeavour to inform you of any changes, once known, but cannot be held responsible for any inaccuracies which are beyond its control. Water and electricity supplies are often not as reliable as in Great Britain and interruptions to supply do occur. MFH and SL cannot be held responsible for these supplies or any other lack of facility beyond their reasonable control. Owners of the Accommodation and Owners’ agents reserve the right to visit their property at any time to undertake essential repairs, maintenance, pool cleaning and gardening.
1.7 Air Conditioning
The amount of air conditioning supply varies in many properties. Normal supply is on a timer for approximately 8-10 hours per day. On request to our representative the timings may be changed by the owner and only with their consent. Full air conditioning means in all bedrooms and the living area-it does not mean the system is on 24 hours per day. Other properties contain air conditioning only in the bedrooms. In some properties extra hours may be available on request and payable locally, subject to each property specification. Properties with no air conditioning contain a complimentary free standing fan in each bedroom.
1.7 Parasols and Covered Terraces
All properties have a covered terrace or patio overlooking either the swimming pool or gardens. Not all properties have parasols. Due to the many breakages of parasols during a season the type shown in the brochure/website may differ from the original model at the property. Whilst MFH do try to replace parasols, like for like, this is not always possible and MFH and SL accept no responsibility for any such differences.
1.8 Sun Beds
All properties have sufficient sun beds for the maximum number of persons allowed to stay in the property and listed on the booking form. Due to the high number of breakages during a season it is not always possible to obtain the same model and MFH and SL accept no responsibility for any differences in design, colour or style.
1.9 Satellite TV
Due to the changes from analogue to digital TV in many properties no Sky facility is available. However, in selected properties there are a range of English and/or German speaking channels. MFH and SL are unfortunately unable to guarantee any channels in any of the properties. Please contact our representative for further information in relation to your particular Accommodation property.
1.10 Building Works
These and the resulting noise from the site can take place at anytime during the year on an adjoining or nearby property and land. If this work is affecting your Accommodation please report this to the representative immediately. This is beyond the control of MFH and SL, but the representative will try and ascertain whether it is possible to have the same stopped or reduced in order to minimize any inconvenience or interruption to your Accommodation. If this is not possible SL will try to offer you an alternative property of similar standard. This however is strictly subject to availability. And neither MFH nor SL shall be liable for any inconvenience caused by the said building works or failure to provide alternative Accommodation.
1.11 Natural Phenomena
Mallorca is a Mediterranean island and MFH and SL cannot be held responsible for any discomfort or inconvenience caused by the climate, flora and fauna, barking dogs, sheep bells or anything reasonably expected to exist in the natural environment in which many of the properties are situated.
1.12 Arrival At / Vacating Your Property
All guests are required to vacate their property by 1000 hours on day of departure to facilitate cleaning and servicing prior to incoming guest’s arrival. You may occupy your property from 1500 hours. (Except where stated otherwise). However should you have an early flight arrival time, in some properties SL have made arrangements for you to leave your luggage at the house whilst the maid prepares the house for you. Quite reasonably, the maid will NOT allow you to occupy the house until they have completely finished and will not accept any responsibility for safe keeping of your luggage.
1.13 Car Hire
Car hire can be arranged upon request and will be subject to the prevailing terms and conditions of MFH.
2.0 If You Change Your Booking
If, after your confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen date of departure or Accommodation, any possible changes made are subject to availability and MFH will do its utmost to make these changes, but it may not always be possible. All requests for changes must be made in writing from the person who signed the booking form or your travel agent. This may incur charges of an administration fee of £25.00 / €27.50 per invoice plus any further costs incurred whilst making the alterations. You should be aware that these costs can increase the closer to departure date the changes are implemented.
2.1 If You Cancel Your Accommodation
You or any member of your party may cancel your travel arrangements at any time providing that cancellation is notified to MFH in writing by the person who made the booking. Since MFH and SL incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as shown.
Time of notification of cancellation received by MFH before commencement of the Accommodation booking the following charges apply:
71 or more days is loss of deposit.
70 - 29 days 80% of all sums payable hereunder.
28 - 15 days 90% of all sums payable hereunder.
14 days to day of departure 100% of all sums payable hereunder.
In all cases administration and credit card charges are non refundable.
2.2 If MFH or SL Change Your Accommodation Arrangements
In the unlikely event that SL has to make a major change to your Accommodation, MFH will inform you or your travel agent as soon as reasonably possible if there is time before commencement of the Accommodation booking. You will have the choice of either accepting the change of Accommodation offered (SL will refund any price difference if the alternative is of a lower value), or cancelling your booked Accommodation and receiving a full refund of all monies.
Major changes may arise for example where property refurbishment is required, there is a breakdown of essential services, supply of electricity/gas, blocked drains or building works on adjacent/nearby land.
2.3 Force Majeure
SL and MFH shall not be responsible for any delay in performance or non-performance due to any causes beyond its reasonable control but MFH shall promptly upon the occurrence of any such cause so inform you in writing, stating that such cause has delayed or prevented its performance hereunder and thereafter MFH shall take all action within its power to comply with the terms of this Agreement as fully and promptly as possible.
If you have cause to complain during your Accommodation please inform SL representative as soon as possible and he/she will of course endeavour to rectify matters promptly. If your complaint is not resolved locally please follow this up within 28 days of your returning home by writing to MFH Customer Services Department at Mallorca Farmhouses Ltd, Customer Services Dept, Chiltern Chambers, 37 St Peters Avenue, Caversham, Reading, UK giving your booking reference and all other relevant information.
Please keep your covering letter concise and to the point as this will help MFH to quickly identify your concerns and forward a response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to the representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure MFH will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract, in particular if you do not obtain the representatives report whilst in resort.
4.0 Our Liability To You
MFH and SL do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death. MFH and SL shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. Loss of profits or other economic losses arising out of a breach of this contract are hereby excluded. Liability shall be limited to a sum not exceeding twice the sums payable hereunder.
MFH respects the privacy of every individual who visits its website. When you visit the website or subscribe for the services, MFH will not collect any of your personal data (i.e. your name, address, contact information or credit/debit card details) unless you provide this.
All information provided by you passes through MFH secure server and will not disclose any information that you provide to http://www.mallorca.co.uk about yourselves to any third parties without your express consent.
MFH website may contain links to other sites not controlled by MFH. (a) These sites may send you cookies and collect data and personal information. MFH are not responsible for the action, content or privacy policies of those websites. (b) These sites may not offer financial protection. It is your responsibility to check the status of these sites.
If for any reason you contact MFH by e-mail, fax, post or telephone, MFH will use your contact details in order to deal with your query, request or order. MFH may also retain your details so that they can contact you in future to notify you of any news or offers relating to MFH. If you do not wish MFH to retain your details for these purposes then please advise MFH either when you first contact them or at any time thereafter. You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. If you have any queries with regards to these terms and conditions, please send an e-mail to email@example.com.
6.0 Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong."
“We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”
“If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”