Voucher Terms (Experience Vouchers)

Preamble & Relationship to Other Documents

These Voucher Terms supplement the General Terms and Conditions of the platform mallorca.com ("Platform Terms") and govern the issuance, validity and redemption of experience vouchers. In the event of any conflict between these Voucher Terms and the Platform Terms, whichever provision is more favourable to you as a consumer shall apply.

Definitions:

"Platform" / "we" — MenzeMedia.de GmbH, Am Wunderhügel 27, 58644 Iserlohn, Germany; register court Amtsgericht Iserlohn, HRB 6785; VAT ID no. DE265536437; Managing Director: Frank Menze; email: support@mallorca.com, operator of the portal mallorca.com.
"Supplier" — the local business (as a rule based in Mallorca) that actually carries out the respective experience.
"Experience" — the service offered by the supplier (e.g. guided tour, boat trip, tasting, ticket).
"Voucher" — the experience voucher issued after your purchase within the meaning of Section 2.
"You" / "customer" — the person who purchases or redeems the voucher.

1. Our Role: Intermediation, Not Performance of the Service

1.1 We operate mallorca.com as an intermediary platform. We arrange the contract for the experience between you and the respective supplier, issue the voucher and collect the payment on behalf of the supplier. We do not carry out the experience ourselves and are not its service provider; we act as a commercial agent in the name and for the account of the supplier and, to that extent, do not ourselves become your contracting party under the service contract.

1.2 The contract for the performance of the experience (service contract) is concluded exclusively and directly between you and the supplier. We become your contracting party only with respect to the intermediation, the issuance of the voucher and the collection of payment. The supplier alone is responsible for the proper, safe and defect-free performance of the experience.

1.3 We collect the payment in the name and for the account of the supplier with debt-discharging effect: upon successful payment to us (or to the payment service provider engaged by us), you have fulfilled your payment obligation towards the supplier.

1.4 We disclose our intermediary role to you transparently — on the homepage and consistently throughout the entire booking process (§ 312l BGB (German Civil Code), Art. 246d EGBGB (Introductory Act to the German Civil Code)). You do not acquire any claims of your own against us under the service contract; claims relating to the performance of the experience are to be directed against the supplier (Section 10).

2. What the Voucher Is: A Service Voucher, Not a Monetary Gift Card

2.1 The voucher is a service voucher: it embodies the entitlement to a specifically designated experience of a specific supplier (e.g. "boat trip name, duration, for number of persons"), not a freely redeemable monetary amount.

2.2 The voucher is not a monetary gift card. It cannot be used for other experiences, other suppliers or a cash payout. Any difference between the voucher value and another service will not be refunded and will not be credited. There is no entitlement to a cash payout of the voucher value.

2.3 Each voucher contains at least: the designation of the experience and of the supplier, a unique voucher/QR code, the scope of the service (e.g. number of persons), the date of purchase and the validity information pursuant to Section 4.

2.4 For VAT purposes, the voucher is treated as a single-purpose voucher (§ 3 Abs. 13–15 UStG (German VAT Act)), since the specific experience, the supplier and the place of performance are fixed at the time of issuance and the VAT due therefore already arises upon issuance. This classification bindingly underlies these Terms (cf. Section 13).

3. Issuance & Voucher Code

3.1 After successful payment, you will receive the voucher electronically (by email and/or in your user account), as a rule with a QR code/voucher code for redemption with the supplier.

3.2 The voucher code is to be treated like cash. Whoever presents the code is, as a rule, deemed vis-à-vis the supplier to be entitled to redeem it (see Section 6 on transferability and Section 8 on loss/misuse).

3.3 Keep the code in a safe place and do not disclose it publicly (e.g. do not post it on social networks).

4. Validity Period

4.1 Dated Experiences (Fixed Date/Period)

If you have already selected a specific date or period at the time of purchase, the voucher is valid for that date. Changes of date are governed by the cancellation/rebooking rules in Section 7 and the respective supplier's policy.

4.2 Undated Vouchers (Open, Flexibly Redeemable)

If no fixed date has been agreed, you may redeem the voucher with the supplier within the validity period to arrange a date. The validity period is three years. The period begins at the end of the calendar year in which you purchased the voucher; it thus corresponds to the standard limitation period under §§ 195, 199 Abs. 1 BGB and the customary three-year market practice for experience vouchers.

4.3 After Expiry of the Period

After expiry of the validity period, redemption of the experience is no longer possible. Any mandatory statutory claims (in particular a compensation claim for unjust enrichment under § 812 BGB) remain unaffected.

5. Redemption with the Supplier

5.1 The voucher is redeemed directly with the supplier by presenting the voucher code, which is scanned on site by the supplier (or in the procedure provided for by the supplier).

5.2 For undated vouchers, you arrange the specific date with the supplier; performance is subject to available capacity and the conditions stated by the supplier (e.g. minimum number of participants, weather, season).

5.3 Any participation requirements, safety and conduct rules of the supplier (e.g. minimum age, health/fitness requirements, equipment to be brought along) are binding and are displayed to you before purchase.

5.4 Before purchase, we display the supplier to you with their full name and address for service — including in the case of sole traders (autónomos) — so that you can clearly identify and reach your contracting party under the service contract (§ 312l BGB, Art. 246d EGBGB).

6. Transferability

6.1 Principle: As a service voucher, the voucher is transferable. You may give it away as a gift or pass it on privately; as a rule, whoever presents the valid voucher code may redeem it.

6.2 Exceptions: If an experience is expressly personal to a named individual (e.g. named tickets, proof of age, official requirements), transfer is excluded or possible only under the stated conditions. Such restrictions are displayed to you before purchase.

6.3 Commercial resale of the voucher and resale above the original purchase price are not permitted without our prior consent.

7. Partial Redemption, Non-Redemption, No-Show, Cancellation

7.1 Full redemption: The voucher embodies a specific experience and is redeemed as a whole. No residual value arises; any unused portion (e.g. fewer persons attending than booked) will not be refunded and will not be credited, unless mandatory law or the supplier's policy provides otherwise.

7.2 Partial refund: If, by way of exception, a partial refund is granted (e.g. because a smaller number of persons participates), the voucher is invalidated in the amount of the refunded portion; the scope of the service is reduced accordingly, or the voucher is re-issued in adjusted form. Renewed redemption of the portion already refunded is excluded.

7.3 Non-redemption / no-show: If you do not appear at an agreed date or do not redeem the voucher within the validity period, there is — subject to mandatory law and the cancellation rules — no entitlement to a refund.

7.4 Cancellation / rebooking (platform default): Unless the supplier offers a more favourable arrangement, the following applies:

Cancellation up to 24 hours before the agreed date: full refund.
Cancellation after that or no-show: no refund.

Refunds are made via the means of payment originally used within 14 days. If the supplier offers a cancellation policy that is more favourable to you, the arrangement more favourable to you applies.

8. Loss, Theft, Misuse of the Code

8.1 The voucher code is to be treated like cash. We and the supplier are not obliged to verify whether the person redeeming the voucher is entitled to do so; redemption by a person presenting the valid code has, as a rule, discharging effect.

8.2 In the event of loss, theft or unauthorised disclosure of a code that has not yet been redeemed, please contact support@mallorca.com without delay, providing proof of purchase (order number). We will endeavour to block a code that has not yet been redeemed and to re-issue it; there is no entitlement to this insofar as the code has already been redeemed.

8.3 In cases of suspected fraudulent multiple redemption or manipulation, we reserve the right to block codes and to refuse redemption.

9. Payout to the Supplier (Information for You)

9.1 Payment processing is handled via our payment service provider Stripe. The supplier is the payee in this respect; we or our payment service provider collect the amount as a commercial agent in the name and for the account of the supplier.

9.2 We pay out the amount attributable to the experience to the supplier only after the service has actually been performed. The decisive trigger for the payout is the redemption of the voucher on site, which is documented by the supplier scanning the QR/voucher code and serves as proof of the service performed. For undated vouchers with a right of withdrawal (Section 11.2), the payout is additionally made no earlier than after expiry of the 14-day withdrawal period; until then, we withhold the amount — even if you redeem the voucher within that period. No payout to the supplier is made before these points in time. Accordingly, no payment flows to the supplier for a service not yet performed; refunds within the cancellation or withdrawal window can therefore be processed without complication.

10. If the Supplier Fails (Discontinuation, Insolvency, Non-Performance)

10.1 If the supplier cannot perform the experience (e.g. business closure, insolvency, permanent shutdown, cancellation of the date without reasonable replacement), we will inform you as soon as this becomes known to us.

10.2 Since we pay out the amount attributable to the experience to the supplier only after redemption (QR code scan) and at the earliest after expiry of the withdrawal period (Section 9.2), we hold the amount you paid until the service is performed. If the supplier cannot perform the experience, we will therefore, as a rule, refund the amount you paid in full via the means of payment originally used within 14 days.

10.3 Only in the exceptional case that the amount has already been paid out to the supplier (i.e. after redemption has taken place) is any claim for refund or damages in respect of a service nevertheless not properly performed to be directed against the supplier as your contracting party (Section 1.2). We will support you, to the extent reasonable, in asserting such claims (e.g. by providing the booking data).

10.4 If the supplier offers an equivalent replacement date or replacement service, you may accept that offer; you are not obliged to do so.

11. Right of Withdrawal

11.1 Dated experiences (fixed date/period): For contracts for services related to leisure activities for which a specific date or period of performance is provided, there is no statutory right of withdrawal (§ 312g Abs. 2 Nr. 9 BGB). We will inform you separately of the non-existence of the right of withdrawal before purchase (see Annex A).

11.2 Undated / flexibly redeemable vouchers (no fixed date at purchase): Here you have the statutory 14-day right of withdrawal (§ 312g Abs. 1 in conjunction with § 355 BGB). You will find the complete instructions on withdrawal and the model withdrawal form in Annex B. You may also declare your withdrawal electronically via the withdrawal function on our website ("Withdraw from contract" button, § 356a BGB); we will confirm receipt of your withdrawal to you without delay in text form.

11.3 Receipt and processing: You may declare your withdrawal to us; we receive it as a commercial agent in the name and for the account of the supplier and process the refund via the payment service provider. The relevant address and the electronic contact channels are set out in the instructions on withdrawal (Annex B).

11.4 Early commencement of performance: If you redeem an undated voucher within the withdrawal period and expressly consent to performance beginning before the period expires, the following applies: upon complete performance of the service, your right of withdrawal expires, provided that you have expressly consented to the early commencement and at the same time confirmed your knowledge that your right of withdrawal expires upon complete performance of the contract (§ 356 Abs. 4 BGB). If you withdraw after having requested early commencement of performance, you owe compensation for the value of the service already performed up to that point (§ 357a Abs. 2 BGB). Irrespective of this, we withhold the payout to the supplier until expiry of the withdrawal period (Section 9.2); to that extent, the platform bears any compensation-for-value risk.

11.5 Current scope of offering: At present, the platform offers exclusively undated, flexibly redeemable vouchers; the 14-day right of withdrawal under 11.2 therefore always applies to them. The rules on dated experiences (11.1, Annex A) will apply as soon as scheduled experiences are offered.

12. No Package Travel

We arrange individual services (individual experiences). No bundling of several travel services takes place (e.g. experience + accommodation/transfer, several services for a total price, or linked online booking within 24 hours). Accordingly, no package travel and no linked travel arrangement within the meaning of §§ 651a ff. BGB arises; package-travel insolvency protection with a security certificate (§ 651r BGB) is therefore not applicable.

13. Prices, Fees, VAT

13.1 The price displayed is the final price for the experience including statutory VAT. Any service/booking fees of the platform are shown separately before purchase. At present, we do not charge any separate service or booking fee; the price displayed is the final price. We receive our remuneration as a commercial agent's commission from the supplier (internal relationship), without this increasing your price.

13.2 The supplier is responsible for the VAT on the experience. For VAT purposes, the voucher is treated as a single-purpose voucher with the tax arising already upon issuance (§ 3 Abs. 14 UStG; implementation of the EU Voucher Directive (EU) 2016/1065; Art. 30a/30b of the VAT Directive 2006/112/EC (inserted by Directive (EU) 2016/1065)). The final VAT accounting for the experience is the supplier's responsibility (cf. 2.4).

14. Liability

14.1 For the performance of the experience, its defects and for personal injury and property damage in connection with the experience, the supplier alone is liable as the contracting party under the service contract.

14.2 Our liability for our own breaches of duty (intermediation, voucher issuance, payment collection) is governed by the statutory provisions. There is no blanket exclusion of liability for our own fault. For intent and gross negligence, for damage arising from injury to life, body or health and for claims under the German Product Liability Act (Produkthaftungsgesetz), we are liable without limitation in accordance with the statutory provisions. In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for this type of contract; in all other respects, liability for slight negligence is excluded. Mandatory consumer rights remain unaffected (§§ 307–309 BGB).

15. Final Provisions

15.1 Applicable law: German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of your state of residence remain unaffected.

15.2 Place of jurisdiction: To the extent legally permissible — in particular if you are a merchant, a legal entity under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany or the EU — the place of jurisdiction is Iserlohn (registered office of MenzeMedia.de GmbH). Mandatory consumer-protective places of jurisdiction remain unaffected.

15.3 Amendments to these Voucher Terms in respect of vouchers already issued will be made only to the extent that this is permissible and reasonable for you; as a rule, the terms agreed at the time of purchase apply to redemption.

15.4 Consumer dispute resolution: We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§§ 36, 37 VSBG (German Consumer Dispute Resolution Act)). A central EU online dispute resolution platform (ODR platform) is no longer operated by the EU Commission (discontinued as of 20.07.2025); a corresponding reference is therefore omitted.

15.5 Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

Last updated: 2026-07-12 · Version: 1.1

Annex A — Notice of the Non-Existence of the Right of Withdrawal (Dated Experiences)

This experience is a service related to leisure activities for which a specific date or period of performance is provided. For such contracts, there is no statutory right of withdrawal pursuant to § 312g Abs. 2 Nr. 9 BGB.

Annex B — Instructions on Withdrawal & Model Withdrawal Form (Undated/Flexible Vouchers)

Note: The addressee of the withdrawal is the respective supplier as your contracting party. mallorca.com (MenzeMedia.de GmbH) receives declarations of withdrawal as a receiving agent in the name and for the account of the supplier; the specific instructions in your booking confirmation additionally name the respective supplier.

Instructions on Withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

MenzeMedia.de GmbH, Am Wunderhügel 27, 58644 Iserlohn, Germany Telephone: +49 171 2875816 · Email: support@mallorca.com – acting in the name and for the account of the respective supplier –

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You may also declare your withdrawal electronically via the withdrawal function provided on our website ("Withdraw from contract" button, § 356a BGB); if you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal in text form (e.g. by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

— End of the withdrawal instructions —

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

To MenzeMedia.de GmbH, Am Wunderhügel 27, 58644 Iserlohn, Germany, email: support@mallorca.com – acting in the name and for the account of the supplier –:

I/We () hereby give notice that I/We () withdraw from my/our () contract concluded for the purchase of the following voucher / for the provision of the following service ():

— Ordered on ()/received on (): ____________________ — Name of consumer(s): ____________________ — Address of consumer(s): ____________________ — Voucher/order number: ____________________ — Date: ____________________ — Signature of consumer(s) (only if this form is notified on paper): ____________________

(*) Delete as appropriate.