General terms and conditions


These general conditions (hereinafter called “Conditions”) shall be applied to relations  between the business entity PISOS SA POBLA, S.L.,  with CIF B57439754, with address in Ronda Albufera, 54, Local 3 of Sa Pobla C.P. 07420 Balearic Islands,  registered in the Mercantile Registry of Palma of Mallorca and in the General Tourist Business, Activities and Establishments  Registry  (Tome 2828-Folio 112- 2dn  Registration- Sheet PM 57767 with BAL _____,   hereafter  called  "DOMUSVILLAS", and, any natural or legal person wishing to make a purchase through the "DOMUSVILLAS" website, online, by phone, or by means of an intermediary or partner will hereafter be called the  "Customer".


  Subject


The present general conditions aim to regulate the contractual relations between the customer, being it private or professional, and DOMUSVILLAS, as well as the conditions applicable to any purchase made through DOMUSVILLAS website, this being http://www.domusvillas.com , hereafter called "Web pages".


The acquisition of a goods or services through such website shall imply the unqualified acceptance of these general conditions by the customer.    These general conditions of sale shall prevail over any other general or particular conditions that have not been expressly accepted by DOMUSVILLAS.


DOMUSVILLAS reserves the right to modify the general conditions of sale at any time, in which case, the applicable conditions will be those received together with the confirmation.


  Previous information


Prior to the acceptance of these general conditions of sale and making the reservation, the buyer will find on the website the information relative to the price, the dates and the constituent elements of his stay, such as level of comfort, main characteristics, classification according to the criteria of DOMUSVILLAS and practices, price, payment schedule, conditions of cancellation, etc, of the country.


 


Information concerning apartments and houses offered on the website is progressively updated and may undergo changes before making the booking. The confirmation of the booking, which will include details concerning the reservation (the price, duration of stay, etc.), the description of the accommodation and the present general conditions of sale are the only contractual elements on which it is based.


 


The data mentioned on the internet and the prices at the time the booking is being made, will be  the data that you will receive with your booking confirmation and replace any data prior to the reservation.


 



  1. Characteristics of the products and services proposed


 


The products and services offered are those listed in the catalogue published on the website of DOMUSVILLAS. These products and services are offered within the available stock limit. Each accommodation is accompanied by its description and photographs made by a DOMUSVILLAS collaborator. The pictures in the catalogue are as accurate as possible.


 



  1. Registration, formalization of the contract and payment terms



Reservations may be made in writing, by telephone, by internet, directly by the customer or through a travel agency or other person or company which has signed a collaboration agreement with DOMUSVILLAS.


Within 48 hours of making the reservation, DOMUSVILLAS will send a confirmation, directly to the customer or, if this is the case, to the travel agency, person or company through which the reservation has been made. The confirmation will include all the details concerning the reservation. In case the booking was made through an intermediary, it would be him, that shall send all descriptions and information regarding the product to the customer in the shortest possible time.


At the time of the booking confirmation the customer must pay as advance payment 25% of the rental price, plus the processing costs and the cost of optional insurance, if any. This amount will not be in any case refundable. 


At the moment in which the reception of such amounts occurs, the rental shall be deemed confirmed between the customer and the owner of the dwelling. The lack of advance payment for the stay, in the terms indicated above, shall release DOMUSVILLAS from any commitment, and DOMUSVILLAS may immediately sell the reserved stay.


The payment of the remaining amount shall be made, on the date shown on the receipt of reservation. At the moment in which the correct reception of the payment occurs, the rental will be considered confirmed between the customer and the owner of the house. Should the customer not pay these amounts within the period indicated, the reservation will be automatically cancelled and will be removed from DOMUSVILLAS website.


The voucher for the stay will be sent to the customer upon receipt of the payment of the reservation.


The information necessary to get to the meeting point will be indicated and the voucher which must be delivered to the person in charge of receiving the customer. No additional request made after the booking will be responsibility of DOMUSVILLAS, except if it has been expressly confirmed by them in writing.



3.Method of payment



In the case of payments made by credit card, they will be carried out through a safety system of the type of Merc@net or equivalent, that uses the SSL (Secure Socket Layer) Protocol, so that the information transmitted is encrypted by a software and that no third party may have knowledge of during the booking process. Payment may be made by bank transfer or by any other form of payment, requesting this kind of payment method to the call center that appears on the website.



  1. Services and prices


The prices in the catalogue, are set in Euro, and include all the applicable taxes, except for the tax on tourist stays or ecotax.


 


DOMUSVILLAS reserves the right to modify its prices at any time, understanding that the price listed in the catalogue on the date of the booking will be the one applicable to the customer.


Accommodations offered within the same category do not have to be alike, nor do they have to benefit from the same special offers.


 The number of persons authorized to stay in each accommodation will be the same as the maximum capacity of such accommodation: including adults and children.


 


The costs of electricity, gas and fuel are included in the price, unless otherwise expressly mentioned in the description of the accommodation.


In cases where the costs of electricity, gas and/or fuel are not included in the price of the stay, they shall be charged separately on the basis of consumption.


Any optional special service that the customer may have requested must be paid at least 5 days before the expected arrival date.


The customer must pay in cash at the arrival time before entering the accommodation the following:


-The tourist stay tax and/or local tax that may be applicable, must be paid to the person attending the customer at the time of his arrival. 


-The security deposit provided for in the ninth clause of these general conditions of sale. 


The data relating to the local infrastructure (means of transport, shops, restaurants, sports facilities, sightseeing, etc.) mentioned on our website and that are included in the booking confirmation are provided by third parties foreign to DOMUSVILLAS. The customer must inform himself previous to his trip about the surroundings, geographical (altitude, slope...), climatic or economic characteristics of the destination he is travelling to. Any changes to the reservation will lead to amendment costs, when those occur before the deadline reported in the reservation.  After this deadline, any changes will be considered a cancellation, so that cancellation charges will apply as provided for in these general conditions, followed, where appropriate, of a new reservation.


  



  1. Price and service amendments


The description of the accommodation and the price list are developed carefully and thoroughly. However, they can suffer alterations. The updated data will be the one appearing on the confirmation.


Payment implies acceptance of the terms of these general conditions and any modifications produced over the contents of the Webpage.  Should a substantial change occur in an essential condition of the contract (for example, non-availability of the accommodation for urgent works, a significant increase of the price, etc), the customer will have the right to request the termination of the contract without any charge within 5 days following receipt of the confirmation sent by DOMUSVILLAS. In case of resolution of the contract, the customer will receive the refund of the amount paid.



  1. Arrivals and departures


Arrivals shall take place at the time indicated on the voucher, and departures before 10:00 hours on the days indicated in the voucher. Should the customer not be able to comply with the planned schedule,  with either the date or the time of his arrival, he must get in touch with the contact person in charge of his arrival, whose contact details appear in the voucher.


For arrivals and departures which take place between 20:00 and 08:00 hours, DOMUSVILLAS shall, in any case, apply a supplement of 25.-€ for arrivals and 25.-€ for departures that take place at the aforementioned time slot.


If the customer could not reach the accommodation by the planned date and time, either through no fault of his own (problems of transport, strikes, etc.) or for personal reasons, he must still pay the full price. The same shall apply in cases in which the customer decides to shorten his stay.


If the customer leaves the accommodation before the end of his stay, DOMUSVILLAS must not return any amount to him.


If the customer wishes to prolong his stay, he must request it from the office through which he made his reservation or through one of our collaborating offices, so that the request has a validity. With the exception of the cancellation cases provided for in the following seventh clause, the customer shall pay the entire accommodation rental price, even if he does not occupy the dwelling, whatever the cause.


Upon the completion of the stay, the customer must deliver the accommodation with all its elements in perfect condition.


In the event that the customer does not abandon the property on the agreed departure time and date, he shall pay DOMUSVILLAS, the amount of 100.-€ for each half an hour delay in the departure time. Shorter periods of time from the above will result in a proportional compensation. The abovementioned is without prejudice to the direct responsibility of the customer for damages effectively caused, both to DOMUSVILLAS and third parties.



  1. Cancellation by the customer


Any cancellation must be previously communicated by telephone and then in writing (mail, fax or e-mail) and will be the date of this writing which will be taken into account for the computation effects of the dates mentioned above. If the cancellation is made on a public holiday, the deadline will begin to count from the next business day. 


Cancellation fees will also apply depending on the time limit between the date of the cancellation and the date of commencement of the stay, according to the following scale:


If the cancellation is communicated by the customer 31 days in advance, or less, of the arrival date; The customer will be obliged to pay 100% of the agreed rental price for the stay. 


If the cancellation is made more than 31 days in advance of the arrival date, the customer will lose in favor of DOMUSVILLAS the amount paid in concept of reservation or payment on account, equivalent to 25% of the price of the stay.


The above amounts will be increased by the amount of €20 for processing costs.


 



  1. Cancellation by DOMUSVILLAS. Alternative/Replacement accommodation.


In the event that there are circumstances that require it, or if there were cases of force majeure that made it impossible to make available to the contracted accommodation, DOMUSVILLAS reserves the right to cancel the contract before the start of the stay and to propose alternative accommodation of similar value. If the customer agrees, the initial rental will be replaced by the rental of the new accommodation.


 


If it is not possible to offer an alternative solution, DOMUSVILLAS will inform the customer via email. In this case, the customer will receive the immediate reimbursement without any penalty on the amounts already paid, and this, without prejudice to any damages that he may have suffered.


 



  1. Customer obligations 


At the time of his arrival, the customer is obliged to the payment of a minimum deposit  amount of 200 Euro, as guarantee for any possible damages that he could cause in the housing.


The amount of the deposit will be set by the owner and communicated to the customer before arrival. In no case shall the amount of this deposit be less than 200.-€.


 


The deposit must be paid in cash at the time of arrival. If the amount is not paid, the customer's entrance to the accommodation may be prohibited.


 


The customer must respect the maximum capacity of the property. The person in charge of the reception shall be authorized to prohibit the entry of more persons than those authorized in the reservation, whether adults or children (whatever their age), as well as the entrance of any animal that was not foreseen in the reservation. The customer agrees to occupy the accommodation taking care and respecting the rules of neighborly coexistence and not to carry out activities that may be annoying, harmful or dangerous in the house. 


The customer undertakes to use the housing according to its designated use, without causing damage to it and keeping it in good condition.


The customer undertakes to allow the entrance in the housing to the cleaning staff, as well as, where appropriate, to the staff responsible for the maintenance of garden and swimming pool. In any case, the schedule of the staff responsible for maintenance and cleaning of the property and its elements will be determined by the needs and possibilities of the service provider and may not be chosen by the customer at his convenience. 


The customer undertakes to allow the entry into the accommodation to the person designated by the owner to perform, in case of urgency, the necessary repairs that affect both the accommodation and the building in general, as well as to proceed, if that is the case, to the reading of the meters of different supplies.


 In relation to accommodation with pool (private or community), access to the pool is forbidden for children under 6 years old, unless they are accompanied by an adult.


In the event of damages, the customer shall immediately inform the person in charge of the reception.  The customer shall be responsible for the damages caused, unless he can prove that neither he nor the people accompanying him caused them. The amount of the damages and malfunctions may be deducted from the deposit, without prejudice to the possibility of further claims against the customer if this amount is not sufficient to deal with repairs or resultant responsibilities.


Finally, in accordance with the provisions of the article 50.11 of the Tourism Law 8/2012 of the Balearic Islands, dated 19th of July, the information concerning the persons staying in the property must be forwarded to the Directorate General of Police. For this sole purpose, the customers are obliged to identify themselves properly, providing copy of their ID cards, NIEs or passports to DOMUSVILLAS and signing the corresponding sign-in sheet in the client registration book, that for exclusively this purpose, will kept by DOMUSVILLAS.
 



  1. Complaints and compensation claims


If at his arrival time the customer considers that the accommodation does not conform to the stipulations stated in the reservation or there are damages, he must inform immediately the person in charge of his arrival/reception, and in any case within the next 24 hours. 


If such person does not solve the problem within a reasonable time, the customer must communicate it to the office through which he made the reservation or to the contact person.


The same rules will apply if these problems are perceived during the stay. The host and the collaborating office shall collect their complaints and seek to remedy them, but they are not competent to judge whether or not such claims are founded, nor can they agree to any compensation.


Claims or compensation requests shall not be deemed valid if not made in writing, directly to DOMUSVILLAS or through the DOMUSVILLAS collaborating office.


Any problems or incidents must be communicated by the customer within 24 days. In no case DOMUSVILLAS will be liable for any damages, problems or incidents that were not communicated in the agreed form or deadlines. 


 



  1. DOMUSVILLAS’ Responsability


If the accommodation is not in accordance with the contract and this fact prevents the client’s stay, DOMUSVILLAS will make its best efforts to make an equivalent/alternative accommodation available to the customer.


 


If this proves impossible due to lack of immediate availability or if the client refuses the accommodation proposed by DOMUSVILLAS, for valid and legitimate reasons, DOMUSVILLAS will reimburse him all or part of his stay, depending on the case, as long as DOMUSVILLAS is responsible for the problem.


 


DOMUSVILLAS cannot be held liable for the lack of execution or the imperfect execution of the contract when this is attributable to an international event or a particular and unforeseeable national situation. DOMUSVILLAS also assumes no responsibility if this is due to any of the following assumptions:


 


-Ruses or major offences by the tenant or the persons accompanying him/her.


 


-Unforeseeable situations and attributable to an external third party that prevent the delivery of the services provided by the contract.


 


-Cases of force majeure or events that neither DOMUSVILLAS nor its intermediaries or representatives (in charge of the reception, for example) could foresee, in spite of acting with due diligence, such as non-meteorological natural catastrophes such as (Earthquakes, fire, floods, etc.)


In no case DOMUSVILLAS is responsible for the belongings brought to the property by the client.


Likewise, DOMUSVILLAS will not be responsible for the damages and losses suffered by the client in case of breakage or in case of theft. The customer must verify that his own insurance covers such damages and losses.


 



  1. File - Proof


 



DOMUSVILLAS will file the order slips and confirmations in a reliable and sustainable support that constitutes a faithful copy. The computerized records of DOMUSVILLAS will be considered by the parties as proof of the communications, orders, payments and transactions carried out between them.




  1. Conflicts’ resolution



   These general conditions are governed by Spanish Law. Customers are informed that, in accordance with the regulation 524/2013 of the European Parliament and of the Council dated 21st of May  2013 (http://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX:32013R0524), there is an online procedure for the resolution of disputes to which, in the event of conflict, the customers  residents in a Member State of the EU, Norway, Iceland, or Liechtenstein, as DOMUSVILLAS, may be eligible. The link to this procedure is as follows: Https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES