BOOKING TERMS & CONDITIONS

Terms & Conditions

By submitting a booking request, you agree to the following conditions.

1. Our Role

We are MALLORCACo, registered as Smart Boat and Property SL, in Spain with Tax ID ESB75870006. We serve as the booking agent on behalf of the Property Owner or their designated representative(s) for the purposes of this Agreement. While we manage the booking process and curate your guest experience, the rental contract is ultimately between you (the Guest) and the Owner.

2. Securing Your Booking

Please note that availability can change quickly. The booking is only confirmed when payment in cleared funds of the due balance has been received, in accordance with the applicable Payment Schedule as described in the Booking Confirmation.

3. Price & Payment

Transparency: The total price, including the security deposit and any known extras, will be clearly outlined before you confirm.
Offers and discounts: Any special offer and discounts applied, will only be valid between the dates established, and will therefore not be applied to rentals made before or after the date of the offer/discount offered.
Schedule: We will provide a payment timeline (usually a deposit to secure, followed by a balance payment). We kindly ask that you ensure funds are cleared in our account (in Euros) by the due dates to secure your reservation.
Bank charges: any bank or transfer charges shall be borne by you.
Late Payments: To avoid the unfortunate cancellation of your booking, please ensure payments are made on time. If funds are not received by the due date, we may be required to release your dates. We reserve the right to cancel your stay if failure to pay any sums (including security deposit) by the due date does occur. Access to the chosen property will also not be admitted if any funds due are outstanding.

4. Guest Registration & Tourist Tax

Guest Details: In compliance with Spanish law, we are required to register all guests with the authorities. We will ask for your passport and other details for your party prior to arrival by completing a form with the necessary data for the registration of all clients in accordance with the law.
Eco-Tax: Unless otherwise noted in your quote, the Balearic Sustainable Tourism Tax (or equivalent local tax) is payable in addition to the rental price.

5. Security Deposit

We hold a security deposit to cover potential damages or accidental breakages.

Refunds: We aim to return this to you within 2-7 business days of check-out, provided the property is left in good order.
Deductions: In the rare event of damage, we will communicate with you transparently regarding any costs for repairs or replacements. If costs exceed the deposit, the lead guest agrees to pay the additional expenses.

6. Cancellation Policy

Because luxury villas are booked months in advance, it is often difficult to fill dates on short notice.

Guest Cancellation: Payments are generally non-refundable. We highly recommend comprehensive travel insurance to protect your investment against unforeseen events, including illness or travel disruption.
Owner Cancellation: In the unlikely event the Owner must cancel (due to sale or force majeure), we will do our utmost to find you a similar property in our portfolio. If we cannot, you will receive a full refund.

7. Arrival & Departure

Standard check-in time is 16:00 and standard check-out time is 10:00, unless otherwise agreed or indicated in the Booking Confirmation.
These times allow our team to prepare the villa to our high standards for the next guest. If you require flexibility, please ask in advance, and we will do our best to accommodate you (fees may apply).

8. Occupancy & Consideration

Guests: The villa is prepared for the specific number of guests on your booking. Please let us know if this changes, as unauthorized overnight guests are not permitted.
Neighbors: We maintain good relationships with our neighbors and ask that you do the same. Please keep noise to a respectful level, particularly between 23:00 and 09:00. We or the Property Owner are not liable for any fines caused by noise disturbance to others.
Events: Parties and large gatherings are only permitted with prior written approval.

9. Services & Experiences

We want your stay to be effortless and of the highest quality.
To ensure service excellence and security, all in-villa services, including private chefs, catering, housekeeping, and entertainment, are exclusively coordinated by our Property Management team.
Please note that additional services which may be offered as extras or available alongside a rental of the Property, are subject to the payment terms, cancellation policy, and any applicable penalties of the service provider. By accepting any such service, the guest agrees to the provider’s conditions, which may differ from the Booking Conditions for the Property.
Each component provided by a third party, will be contracted with the individual suppliers and not with us. We have no liability for the acts or omissions of the services provided by these third parties whom you are contracting directly.
Please contact us to arrange these services. External vendors are not permitted on the premises unless specific alternative arrangements have been agreed upon in writing prior to your arrival.

10. Safety & Care

Property Features: Many of our unique properties feature uneven terrain or unfenced pools. We ask that you navigate the grounds with care.
Children: Please ensure children are supervised at all times, especially near water.
Smoking: Smoking is strictly prohibited indoors.

11. Liability

Unfortunately, there are circumstances beyond the reasonable control of both us and the Property Owners for which we cannot be held liable, and for which compensation cannot be offered. This includes any failure or delay in performing our obligations due to events such as equipment breakdown, adverse weather conditions, internet service provider failure, or the inability of any third-party supplier to deliver goods or services.
This limitation specifically extends to building works in the neighbourhood, public utility failures, including water, internet, or power outages. While we cannot accept liability for these public issues, we are committed to doing everything possible to minimize any disruption to your stay. We will advise you promptly if we become aware of any circumstance affecting your booking and will take all reasonably practicable steps within our power to resolve the issue as fully and quickly as possible.
Finally, regarding personal safety and external risks, please note that we are not liable for accidents or injuries resulting from guest negligence, nor are we responsible for the loss, theft, or damage of any personal belongings during your stay. Similarly, we are not liable for the fraudulent actions of unauthorized third parties, including identity theft or fraudulent misrepresentation of our services.

12. Marketing Material / Imagery

While we strive to keep all illustrations, photographs, and other property information as up-to-date as possible, they are intended for guidance only and may be subject to change. We cannot be held responsible for any changes made by the property owners that have not been communicated to us.

13. Copyright

This website is protected by copyright, so the material on www.mallorcaco.com belongs exclusively to us (including the design, look and feel and graphics). You may download, store or copy material from this site for private use, but you may not use any material from this website for commercial or business purposes. Unauthorised use of the content of this site may involve a criminal offence.

14. Condition of Property

In the event that you have any complaint regarding the Property you must notify us within 24 hours in writing. We will, as far as possible, take care of resolving any issues within a reasonable period of time upon notification. No claims are accepted unless we are promptly informed by you and/or are not given the possibility to remedy the situation.

15. Governing Law

These terms are governed by Spanish Law, and any disputes will be settled within the jurisdiction of the courts of Palma de Mallorca.

Luxury Home Rental Agreement

It is of utmost importance for us to ensure the security and clarity of all members of our community whether it be a luxury home owner or a guest coming to stay. For this reason we provide a simple agreement signed by all parties upon the confirmation on a stay.

An example of the Agreement contents can be seen below. This Agreement will be shared with you for signing by your dedicated Travel Expert.

PROPERTY PARTICULARS

Name of Property:
_________________________________________________________

Address:
___________________________________________________________

Tourism License / Registration No.:
_______________________________________

Owner:
_____________________________________

Guest (Principal Guest):
__________________________

Company representing:
MALLORCACo

Rental Period:
From __________ (check-in time: ____) To __________ (check-out time: ____)

Total Rental Fee:
€________ (taxes ☐ included / ☐ plus applicable taxes)

Advance Provisioning Allowance (APA, optional):
€________

Security Deposit:
€________

Payment Schedule:
50% on booking, 50% 30 days before arrival (unless otherwise agreed in writing)

1. PARTIES AND LEGAL NATURE OF THE AGREEMENT

1.1 Owner

The Owner is the legal owner or duly authorised operator of the Property, or otherwise duly empowered to grant temporary use of the Property for tourist accommodation.

1.2 Guest

The Guest (and his/her party) will temporarily occupy the Property solely for holiday, leisure and non-residential use.

1.3 Representing Company and Stakeholder

MALLORCACo (the “Representing Company") acts as intermediary and stakeholder of funds between Owner and Guest. Unless expressly stated otherwise in writing, the contractual relationship for the accommodation service is deemed to be between Owner and Guest, with the Representing Company acting as intermediary.

1.4 Legal Nature – Holiday Use

The Parties expressly acknowledge and agree that:

The stay is temporary, for holiday/leisure purposes only,
The Property is offered as tourist accommodation (alojamiento de uso turístico),
This Agreement is excluded from the regime of residential leases under the Spanish Ley de Arrendamientos Urbanos and is governed instead by the Spanish Civil Code and applicable tourism and consumer regulations.

2. AGREEMENT TO LET AND HIRE

2.1 The Owner agrees to let, and the Guest agrees to hire, the Property for the Rental Period indicated in the Property Particulars, strictly under the terms and conditions of this Agreement.

2.2 The maximum number of occupants shall not exceed _____ persons, including children and babies, unless otherwise agreed in writing. Exceeding the authorised occupancy is a material breach of this Agreement.

3. RENTAL FEE, PAYMENTS AND CURRENCY

3.1 Total Rental Fee

The Total Rental Fee for the Rental Period is set out in the Property Particulars. Unless otherwise indicated, it includes:

Use of the Property for the Rental Period;
Standard utilities (electricity, water, gas) within normal usage;
Basic linens and towels;
Standard end-of-stay cleaning (not including excessive cleaning).

3.2 Taxes

The Rental Fee is:

☐ Inclusive of all applicable taxes; or
☐ Plus any applicable taxes (including VAT or tourist taxes) at the rate legally in force at the time of invoicing.

If there is a change in legally applicable tax rates between booking and stay, the total price may be adjusted within the limits permitted by law.

3.3 Payment Schedule

Unless otherwise agreed in writing:

50% of the Total Rental Fee is due upon booking confirmation;
The remaining 50% is due 30 days before arrival.

Failure to pay any instalment by its due date, after written reminder and a grace period of 5 calendar days, entitles the Owner to consider the booking cancelled by the Guest and apply the cancellation conditions in Clause 10.

3.4 Currency and Bank Charges

All payments shall be made in euros (EUR), net of bank charges. Any foreign exchange costs or bank fees are borne by the Guest.

4. ADVANCE PROVISIONING ALLOWANCE (APA) – OPTIONAL

4.1 If an APA is agreed (e.g. for pre-stocking, special services, extra housekeeping, chef, chauffeurs, etc.), the amount is specified in the Property Particulars.

4.2 The APA will be held by the Representing Company as stakeholder and used by the Owner or appointed Property Manager to pay for variable costs and services requested by the Guest during the Rental Period.

4.3 Within 7–14 calendar days after the Guest's departure, the Property Manager shall provide an expense breakdown of the APA.

Any unused balance will be refunded to the Guest.
Any shortfall (if expenses exceeded the APA) shall be settled by the Guest within 5 calendar days of presentation of the statement.

4.4 Receipts or invoices shall be made available upon reasonable request.

5. SECURITY DEPOSIT

5.1 The Guest shall pay a Security Deposit as stated in the Property Particulars, no later than [7] days before arrival (or at check-in, if so agreed).

5.2 The Security Deposit is intended to cover, among others:

Damage or loss to the Property or its contents caused by the Guest or their party;
Excessive cleaning beyond normal use;
Unpaid services or charges;
Breach of house rules (including penalties for serious disturbance, if agreed and lawful).

5.3 The Security Deposit shall be held by the Broker as stakeholder (unless otherwise agreed) and may be used to compensate the Owner for duly justified amounts.

5.4 A joint inspection may be carried out at check-in and check-out, where possible. Any damages discovered after check-out must be documented with reasonable evidence (e.g. photographs, invoices, or repair estimates).

5.5 The unused balance of the Security Deposit will be refunded to the Guest within 7–14 calendar days after departure, together with a breakdown of any deductions. If the Security Deposit is insufficient, the Guest shall pay any outstanding amount within 7 calendar days of notice.

7. USE OF PROPERTY AND CONDUCT

7.1 The Property may be used only for private holiday accommodation. It shall not be used for:

Commercial events, photo shoots or filming (unless expressly agreed in writing);
Parties open to the public or events involving ticket sales;
Any illegal activity.

7.2 The Guest and all occupants must comply with:

Local municipal ordinances (noise, public order, etc.);
Any community of owners' rules (comunidad de propietarios);
Applicable tourism regulations (including maximum occupancy);
The House Rules attached in Annex 1.

7.3 The Guest shall maintain the Property in a reasonable state of cleanliness and care and shall immediately inform the Owner or Property Manager of any damage, defect, or incident.

7.4 Noise and Disturbances

Parties, loud music, or behaviour that disturbs neighbours (especially during night-time quiet hours) are strictly prohibited. Repeated complaints from neighbours or authorities constitute a serious breach of this Agreement.

7.5 Immediate Termination for Misconduct

Serious or repeated breaches of this Clause (including unauthorised parties, exceeding occupancy, serious disturbance to neighbours or illegal activities) entitle the Owner or Property Manager, with support from the Representing Company where necessary, to:

Terminate the stay with immediate effect;
Require the Guest and their party to vacate the Property immediately;
Retain amounts already paid, without prejudice to any damages claim, to the extent permitted by law.

10. CANCELLATION BY GUEST

10.1 Any cancellation by the Guest must be communicated in writing (email is sufficient).

10.2 Unless otherwise agreed in writing, the cancellation policy is as follows:

More than 60 days before arrival: 25% of the Total Rental Fee is non-refundable; the remainder, if paid, will be refunded.
Between 60 and 30 days before arrival: 50% of the Total Rental Fee is non-refundable.
Within 30 days before arrival: 100% of the Total Rental Fee is non-refundable, unless the Property is successfully rebooked.

10.3 Rebooking Scenario

If the Guest cancels within 30 days before arrival and the Property is rebooked for all or part of the cancelled period:

The Owner shall refund to the Guest the amount actually obtained from the new booking for those same nights, less:
(i) any difference (if rebooked at a lower rate),
(ii) non-recoverable costs (including the Broker's commission already earned and committed), and
(iii) an administration fee of €________ (if agreed).

17.1 The personal data of the Guest and any other occupants provided under this Agreement will be processed by:

The Owner (or operating company), and
The Representing Company (MALLORCACo),

for the purposes of:

Managing the booking and execution of this Agreement;
Complying with legal obligations (including police registration of occupants);
Handling claims, incidents or damages;
Sending, where consent is expressly given, commercial communications relating to similar services.

17.2 The legal bases for processing may include the performance of the contract, legal obligation, and, where applicable, consent.

17.3 Data subjects may exercise their rights of access, rectification, erasure, restriction, objection and portability by written request sent to:

Owner / Operator: __________________________ (email/address)
Representing Company: __________________________ (email/address)

SIGNATURES

Signed and agreed by the Parties below.

OWNER:
Name:_______________________________
Signature:___________________________
Date:___ / ___ / ______

GUEST:
Name:_______________________________
Passport / ID:_______________________
Signature:___________________________
Date:___ / ___ / ______

REPRESENTING COMPANY: MALLORCACo
Name:_______________________________
Position:____________________________
Signature:___________________________
Date:___ / ___ / ______

This Agreement expressly does not constitute a residential lease under the Ley de Arrendamientos Urbanos (LAU) and is instead governed by the Spanish Civil Code and applicable tourism and consumer regulations of the Autonomous Community where the Property is located, together with the clauses and conditions set forth herein.