General Terms and Conditions of Finca Son Pages

Preliminary remark

A booking initiated by the guest and accepted by the finca constitutes a contractual relationship, the so-called accommodation contract.

I. Scope of application

  1. The contractual partner is Tierra Buena Llevant S.L., Carrer Josep M. Llompart, 12, 07500 Manacor, Illes Balears, Spain (Tierra Buena)
  2. The place of accommodation is Finca Son Pages, Poligono 22, Parcela 259 and Parcela 544, 07689 S'Espinagar, Mallorca
  3. The subletting or re-letting of the houses or individual flats provided as well as their use for purposes other than accommodation shall require the written consent of Tierra Buena.
  4. The Guest's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, partners, liability; limitation period

  1. The contract shall be concluded by the e-mail booking confirmation from Tierra Buena.
  2. The contractual partners shall be Tierra Buena and the Guest. If a third party has booked on behalf of the Guest, it shall be liable to Tierra Buena together with the Guest as joint and several debtor for all obligations arising from the accommodation contract, provided that Tierra Buena has received a corresponding declaration from the third party.
  3. Tierra Buena shall be liable in cases of wilful intent or gross negligence on its part or on the part of a representative or vicarious agent in accordance with the statutory provisions. Otherwise, Tierra Buena shall only be liable under the Product Liability Act, for injury to life, limb or health or for culpable breach of material contractual obligations. However, the claim for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract. Even in cases of gross negligence, liability shall be limited to the foreseeable damage typical of the contract if one of the exceptional cases listed in this section applies. Tierra Buena shall not be liable to entrepreneurs in the event of slightly negligent breaches of insignificant contractual obligations. In such cases, liability towards consumers shall be limited to the foreseeable, direct average damage typical of the contract.
  4. The limitation period for all claims of the Guest shall be six months, unless Tierra Buena is liable due to intent or mandatory statutory limitation provisions exist.
  5. This limitation of liability shall also apply in favour of Tierra Buena in the event of breach of obligations in the initiation of the contract and positive breach of contract.

III Services, prices, payment, offsetting

  1. Tierra Buena shall be obliged to keep the houses booked by the Guest available and to provide the agreed services.
  2. A maximum of 12 persons may stay in each house. In the event of violations, the accommodation contract shall be cancelled or corresponding fees shall be charged.
  3. Tierra Buena reserves the right to add a surcharge to the accommodation price in the event of any violation of this regulation.
  4. The agreed prices shall include the respective statutory value-added tax.
  5. Invoices of Tierra Buena without a due date shall be payable without deduction within 10 days of receipt of the invoice. Tierra Buena shall be entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, Tierra Buena shall be entitled to charge interest at a rate of 5% above the respective base interest rate.
  6. Tierra Buena shall be entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
  7. The Guest may only offset or exercise a right of retention against Tierra Buena's claims if such claims have been recognised by declaratory judgement.

IV. Withdrawal by the Guest (cancellation)

The Guest shall be granted the right to cancel the contract subject to the following cancellation conditions:

a) 30% of the total price in the event of cancellation up to the 90th day before the start of occupancy

b) In the event of cancellation from the 89th day to the 60th day before the start of occupancy, 50% of the total price

c) In the event of cancellation from the 59th day to the 30th day before the start of occupancy 75% of the total price

d) In the event of cancellation from the 29th day to the day before the start of occupancy or in the event of non-arrival without notice of cancellation, 90% of the total price.

Cancellations must always be made in writing.

V. Cancellation by Tierra Buena S.L.

  1. If a Guest is granted a limited right of cancellation (reservation of a finca) after a corresponding booking request, Tierra Buena shall be entitled to withdraw from the contract during this period if there are enquiries from other guests regarding the contractually booked property.
  2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by Tierra Buena S.L. with a threat of refusal, Tierra Buena S.L. shall also be entitled to withdraw from the contract. Tierra Buena S.L. shall inform the Guest of the exercise of the right of cancellation.
  3. In the event of justified cancellation by Tierra Buena S.L., the Guest shall not be entitled to claim damages.

VI Apartment provision, handover and return

  1. Subject to separate agreements, it shall not be possible to move into the apartments before 4.00 p.m. on the day of arrival.
  2. The guest shall be held liable without proof of fault for any damage to or shortages of inventory and furnishings occurring during the rental period.

VII Liability of Tierra Buena S.L.

Tierra Buena shall be liable for the diligence of a prudent businessman. This liability shall be limited in the non-typical service area to deficiencies in performance, damages, consequential damages or disruptions caused by intent or gross negligence. Should disruptions or defects occur in the services of Tierra Buena, Tierra Buena shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the Guest. The Guest shall be obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. Use of the communal facilities, the swimming pool and the garden (with sports and play equipment) is at the guest's own risk.

VIII Miscellaneous

Animals may only be brought along with the prior consent of Tierra Buena S.L. in exceptional cases and for an additional charge.

IX. Final provisions

  1. Amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Accommodation shall be made in writing. Unilateral amendments or additions by the guest are invalid.
  2. The place of fulfilment and payment is Manacor, Spain
  3. The parties agree that Manacor shall be the exclusive place of jurisdiction for all disputes arising from this contract. Spanish law shall apply.
  4. Should individual provisions of these General Terms and Conditions for the Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. An invalid clause shall automatically be replaced by one that comes closest to the economic interests of the parties.

The contract becomes effective upon transfer of the deposit.

Date: 01.01.2012