Can Josep com piscina e terraço

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§ 1 Scope, contractual parties and definitions

(1) The operator of mallorca.com and fincas.de is MenzeMedia.de GmbH, Am Wunderhügel 27, 58644 Iserlohn, Germany. These terms apply to all bookings of holiday accommodation through both portals.

(2) The following definitions apply throughout these terms:

Term	Meaning
Term: Guest	Meaning: The person booking holiday accommodation through either portal
Term: Intermediary	Meaning: The operator identified in paragraph 1
Term: Host	Meaning: The person offering and providing the accommodation — owner or agency
Term: Rental price	Meaning: The charge for the accommodation during the booked period
Term: Mandatory ancillary charges	Meaning: Mandatory additional charges at a fixed amount, in particular final cleaning
Term: Optional extras	Meaning: Freely bookable additional items, such as pool heating or a cot
Term: Total price	Meaning: Rental price + mandatory ancillary charges + booked extras
Term: Security deposit	Meaning: The Guest's security provided to the Host (§ 6)
Term: Tourist tax	Meaning: The statutory Balearic Islands accommodation levy, payable on site to the Host (§ 4)

(3) The Guest's own terms do not apply unless the Intermediary agrees to them in text form. The version applicable at the time of booking governs.

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§ 2 Status of the Intermediary

(1) The Intermediary acts in the name and on behalf of the Host. The Intermediary is neither the Host nor a tour operator and does not become a party to the Guest's rental agreement.

(2) The Intermediary acts solely for the Host and is not the Guest's broker or representative. The Intermediary charges the Guest no commission, service, booking, or handling fee and is paid exclusively by the Host.

(3) A booking creates two agreements:

	Rental agreement	Brokerage agreement
Parties	Rental agreement: Guest and Host	Brokerage agreement: Guest and Intermediary
Subject matter	Rental agreement: Accommodation	Brokerage agreement: Brokerage and payment collection
Payment by the Guest	Rental agreement: Total price	Brokerage agreement: None

The Host alone is responsible for the condition, equipment, cleanliness, handover, and statutory warranty of the accommodation. The Guest has no claims against the Intermediary arising from the rental agreement (Art. 246d § 1 no. 6 EGBGB, Introductory Act to the German Civil Code).

(4) The Host has authorised the Intermediary to receive the Guest's payments on the Host's behalf. Payment to the Intermediary or its payment service provider discharges the Guest's payment obligation to the Host (§ 55 (3) HGB, German Commercial Code), even if the Intermediary does not pass the money on to the Host.

(5) The security deposit is not processed through the Intermediary (§ 6).

(6) Only accommodation may be booked through the Intermediary's portals. The Intermediary does not put together package holidays (§§ 651a, 651b BGB, German Civil Code) or arrange linked travel services (§ 651w BGB). Accommodation cannot be booked together with a yacht charter, experience, transfer, rental car, or flight in a single transaction. No such combination is offered at a total price. The Intermediary is not a tour operator and therefore does not owe insolvency protection under § 651r BGB.

(7) The Intermediary does not arrange further travel services in connection with a booking, in particular not within 24 hours afterwards.

(8) The Host's name or company name, service address, and the accommodation's tourism register number (the ETV number in Mallorca) are disclosed before booking. The Intermediary also states whether the Host declares that they act as a trader (Art. 246d § 1 no. 4 EGBGB). If this is not the case, the special consumer-protection provisions do not apply to the rental agreement (Art. 246d § 1 no. 5 EGBGB).

(9) The criteria for ranking search results are explained in a separate area directly accessible from the results list (Art. 246d § 1 no. 1 and § 2 (2) EGBGB). The factors are the match with the search, availability in the requested period, completeness of the property profile, proximity to the location sought, and how up to date the occupancy calendar is. The commission paid by a Host has no effect on the ranking. Paid placements are labelled as advertising; there are currently none.

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§ 3 Formation of the agreements

(1) The property pages do not constitute an offer. Availability and price may change up to the conclusion of the agreement.

(2) Before submitting the booking, the person making it is shown the full price breakdown and confirms knowledge of these terms. Notice that the Host is the contractual partner for the accommodation and that there is no right of withdrawal (§ 7) appears immediately above the order button.

(2a) The house rules and the cancellation policy for the booked property form part of the rental agreement. Both are available on the property's listing page and in the booking documents and apply between the Guest and the Host upon booking. The applicable cancellation policy is determined under § 8(2).

(3) By clicking “book with obligation to pay”, the person making the booking submits a binding offer (§ 312j (3) BGB).

(4) The Intermediary reviews every booking and may reject it, for example if the accommodation is now occupied, the details provided appear inconsistent, the number of guests is unsuitable or the Host rejects it. There is no entitlement to a booking being formed. Within the scope of its authority, the Intermediary may grant the person making the booking a goodwill concession at the expense of its own commission.

(5) Immediately before payment, the Intermediary checks the Host's occupancy calendar in real time. If the accommodation is then booked, no agreement is concluded and no amount is charged.

(6) Both agreements are concluded once the deposit has been paid successfully and the Guest has received the Intermediary's booking confirmation. The Intermediary accepts the offer in the Host's name. A mere acknowledgement of receipt does not constitute acceptance.

(7) The confirmation states the Host and address and ETV number, property, period, number of guests, price breakdown, amount and method of the security deposit, cancellation terms, due date of the balance payment, and notice of the absence of a right of withdrawal. The Intermediary stores the contract text and sends it to the Guest by email.

(8) Bookings may be made with or without a user account. Account holders must provide truthful information, keep access data confidential, and notify the Intermediary of suspected misuse. There is no entitlement to an account; the Intermediary may block an account for an objective reason. Agreements already concluded remain unaffected.

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§ 4 Price and price components

(1) The displayed price includes the rental price for the booked period and all mandatory ancillary charges at a fixed amount, in particular final cleaning (§ 3 PAngV, German Price Indication Regulation), including taxes incurred on site.

(2) Booked optional extras form part of the total price. The deposit is calculated from the total price (§ 5), whereas cancellation costs are calculated only from the rental price (§ 8 (3)). All components are shown in a full breakdown before booking.

(3) The Balearic Islands charge a statutory accommodation levy per person and night. The individual traveller is liable for the levy; the Host must remit it and by law takes the traveller's place for that purpose. The tourist tax is payable on site to the Host. It is not part of the total price and is not collected through the Intermediary. Children under 16 are exempt; a reduced rate applies in the low season and from the ninth day of the stay. The Intermediary displays the expected amount before booking. The Intermediary does not refund the tourist tax. The levy does not arise in the event of cancellation.

(4) The only items not included in the price and shown separately are:

• the tourist tax (paragraph 3), payable on site to the Host,
• usage-based costs beyond the Host's control (e.g. electricity or heating, if the property profile expressly states this),
• the security deposit (§ 6), which is not consideration.

All three items are shown directly with the price before booking and, where possible, with their amount. A reference in linked terms is not sufficient.

(5) The Intermediary does not issue the Guest an invoice for a fee, as no fee is payable to it. Payments made through the Intermediary correspond to the Host's charges. The Host issues an invoice for the accommodation at the Guest's request.

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§ 5 Payment terms

(1) 50% of the total price is payable when booking.

(2) The remaining 50% is payable 60 days before arrival. The Intermediary gives notice seven days beforehand in text form, stating the amount and date.

(3) If arrival is in 60 days or less, the full amount is payable immediately.

(4) Payment methods: credit card, Apple Pay, Google Pay, Amazon Pay and Link. We deliberately do not offer bank transfer or SEPA direct debit.

(5) Where payment was made using the payment method saved at the deposit and the charge was authorised, the Intermediary charges the balance on its due date. If the Guest's bank requires confirmation, the Intermediary sends a payment link immediately instead. A second collection attempt is made only if the first has definitively failed; no further attempt is made simply on a time-controlled basis.

(6) If the Guest fails to pay despite a reminder setting a deadline, the Intermediary may withdraw from the agreement in the Host's name and charge the Guest the cancellation costs under § 8.

(7) Payment is processed through Stripe (Stripe Payments Europe, Limited, Dublin). The economic recipient of the rental price is the Host. Refunds are made via the same route as the original payment.

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§ 6 Security deposit

(1) The security deposit is security for the Host, not remuneration, and is not part of the total price.

(2) The amount and payment method are stated in the property profile and booking confirmation. The deposit is usually provided on site, or the Host reserves the amount on the Guest's card.

(3) The security deposit is handled solely between the Guest and the Host. The Intermediary does not receive or hold it.

(4) Repayment is the Host's responsibility and normally follows return of the accommodation without damage. Any dispute over a withholding must be resolved with the Host. The Intermediary assists with communication but is not liable for it.

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§ 7 Exclusion of the right of withdrawal

(1) There is no statutory right of withdrawal for accommodation with a fixed travel period (§ 312g (2) no. 9 BGB, German Civil Code).

(2) The Intermediary expressly provides notice of the exclusion of the right of withdrawal before booking (Art. 246a § 1 (3) no. 1 EGBGB, Introductory Act to the German Civil Code).

(3) In place of withdrawal, the Host grants the Guest a right to cancel under § 8.

(4) No payment is due from the Guest for the brokerage agreement with the Intermediary. Even if that agreement could be withdrawn from, no refund would be due from the Intermediary in the absence of any payment to it.

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§ 8 Cancellation by the Guest

(1) You may cancel free of charge within 24 hours after booking and receive a full refund, provided arrival is at least seven days away. This does not apply to the very strict cancellation policy; its scale applies from the time of booking. You can see which policy applies to your accommodation in the property profile and before booking. A booking fee under paragraph 3 is not refunded, including within the first 24 hours.

(2) Thereafter, the cancellation scale for the booked accommodation applies. The applicable scale is stated in the property profile, in the booking overview before booking and in the confirmation. The time of receipt of the cancellation notice by the Intermediary is decisive.

flexible

Cancellation	Refund to the Guest
Cancellation: up to 14 days before arrival	Refund to the Guest: 100%
Cancellation: 13 to 7 days before	Refund to the Guest: 50%
Cancellation: from 6 days before or in the event of non-arrival	Refund to the Guest: 0%

moderate

Cancellation	Refund to the Guest
Cancellation: up to 30 days before arrival	Refund to the Guest: 100%
Cancellation: 29 to 14 days before	Refund to the Guest: 50%
Cancellation: from 13 days before or in the event of non-arrival	Refund to the Guest: 0%

strict

Cancellation	Refund to the Guest
Cancellation: up to 60 days before arrival	Refund to the Guest: 100%
Cancellation: 59 to 30 days before	Refund to the Guest: 50%
Cancellation: from 29 days before or in the event of non-arrival	Refund to the Guest: 0%

very strict

Cancellation	You get back
Cancellation: up to 61 days before arrival	You get back: 50%
Cancellation: from 60 days before or in the event of non-arrival	You get back: 0%

(3) These percentages apply only to the rental price. Final cleaning and booked extras are always refunded in full. The tourist tax is not included in this refund, as it is not paid to the Intermediary (§ 4(3)). A booking fee is excluded: it is incurred by the booking itself and remains payable even if the booking is cancelled.

(4) The Guest retains the right to prove that the Host suffered no loss or a substantially lower loss than the retained amount. In that event, only the lower amount is payable. The rates already take account of saved expenses and possible re-letting. The Host may instead claim the actual loss, which the Host must quantify and prove.

(5) Cancellation must be notified to the Intermediary in text form. The Intermediary is authorised to receive it for the Host. The day of arrival does not count towards the time limit.

(6) Instead of cancelling, the Guest may name another person to take over the agreement. The Host may object if the person is unsuitable for the agreement. The Intermediary charges no fee for this and does not charge the Guest a separate cancellation fee.

(7) The Intermediary does not arrange insurance and receives no income from it.

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§ 9 Unavailability of the accommodation

(1) The Host must keep the occupancy calendar up to date and confirm every booking within 24 hours. Before every payment, the Intermediary checks availability in real time.

(2) In the event of a double booking:

• The Guest receives a refund of all payments without deductions.
• The Intermediary immediately seeks an equivalent or better replacement for the same period. The Host bears additional costs; the Intermediary waives its commission to that extent. The Guest is not obliged to accept the replacement.
• Further claims against the Host, for example for a flight booked in vain, remain unaffected.

(3) Amounts that did not pass through the Intermediary, especially the security deposit, must be reclaimed directly from the Host.

(4) In the event of natural events, official orders, and the like, the law applies; a Host's rule that is more favourable to the Guest takes precedence.

(5) As the Intermediary is not a tour operator, there is no statutory insolvency protection. The Intermediary pays the Host only one day after the Guest's arrival; until then, the Intermediary can refund the Guest's payments.

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§ 10 Obligations of the Guest

(1) Only the persons named in the agreement may stay in the accommodation. In the event of over-occupancy, the Host may charge additionally and terminate the agreement. Overnight visitors must be notified to the Host in advance.

(2) The Guest must treat the accommodation with care, comply with the house rules and local rules, especially on noise, fire safety, and water protection, and refrain from interfering with technical systems without consent. This includes electrical installations, heating, pool circulation, and locking systems.

(3) The Guest is responsible for routine cleaning and must return the accommodation swept clean. Paid final cleaning usually does not include the dishwasher, cooker, oven, refrigerator, or kitchen appliances.

(4) Pets require the Host's consent and truthful information about species, size, and number.

(5) The Guest must observe check-in and check-out times. There is no entitlement to earlier occupancy or later departure. Delays must be notified in advance. There is no entitlement to a key handover in the event of late arrival, and the Guest bears the resulting costs.

(6) Damage and incidents must be reported to the Host immediately, including those not caused by the Guest.

(7) Defects must be notified without delay and an opportunity to remedy them must be allowed. Defects in the accommodation must be notified to the Host or the contact named in the documents; defects in the brokerage service must be notified to the Intermediary. Anyone who culpably fails to do this loses their claims to that extent. The Guest is asked to also inform the Intermediary of defects in the accommodation. This additional information is voluntary; failure to provide it does not result in any loss of rights.

(8) If the stay is substantially impaired by a defect for which the Host is responsible, the Guest may terminate the rental agreement after unsuccessfully giving the Host a reasonable period to remedy it. The Host may terminate if the Guest or fellow travellers persistently cause a disturbance despite a warning. The Host then retains the rental price but must credit saved expenses and re-letting.

(9) If the Guest does not use booked services, for example due to later arrival or earlier departure, there is no proportional refund. The Host must, however, refund the amounts obtained through re-letting and any saved expenses.

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§ 11 Reporting and data protection obligations

(1) The name, contact details, booking and payment data of the person making the booking are to be provided to the Intermediary; for fellow travellers, only their names are to be provided.

(2) Spain requires the Host to record the details of all arriving guests and report them to the security authorities. The Host records travellers' identity-document details at check-in. The Intermediary does not store them. Without this information on site, the Host cannot hand over the accommodation.

(3) The Intermediary reports the booking to the Spanish authorities. The report includes the name and contact details of the booking person, as well as booking, travel and payment details. The Intermediary is legally obliged to do so as an intermediary platform. Identity-document details are not included.

(4) To process the booking, the Intermediary passes the necessary data to the Host and the payment service provider. The Host then processes it under their own responsibility. The Guest must draw fellow travellers' attention to the Intermediary's privacy policy.

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§ 12 Liability

(1) The Intermediary is not liable for the accommodation, including its condition, equipment, cleanliness, availability, handover, or return of the security deposit. The Host is responsible for these matters.

(2) The Intermediary is liable for the proper performance of its own services: accurate transmission of the Host's information, consistency of property descriptions created by the Intermediary with the Host's data, provision of information on booking terms to the person making the booking, and proper handling of the Guest's money.

(3) The Intermediary has unlimited liability in cases of intent and gross negligence, injury to life, body, or health, under a guarantee, and under the Product Liability Act. In cases of ordinary negligence, the Intermediary is liable only for breach of essential contractual obligations, limited to foreseeable damage typical for this type of agreement. Further liability is excluded; this also applies to the Intermediary's employees and vicarious agents. There is no blanket exclusion of liability for the Intermediary's own fault.

(4) Images, maps, and location details are for guidance. The exact address is provided to the Guest no later than with the arrival information.

(5) The Intermediary endeavours to keep the portals available but does not owe their availability.

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§ 13 Language, applicable law, jurisdiction and dispute resolution

(1) The contract language is German; in case of doubt, the German version of these terms applies. The Intermediary summarises for the Guest the key points of supplementary Host terms that are written in another language. Declarations concerning the agreement require at least text form.

(2) German law applies to the brokerage agreement with the Intermediary. The protection of mandatory provisions of the Guest's country of residence as a consumer remains unaffected (Art. 6 Rome I Regulation).

(3) Spanish law generally applies to the rental agreement with the Host because the accommodation is located there (Art. 4(1)(c) Rome I Regulation). Full German consumer protection may not be available to the Guest there. Mandatory EU law remains unaffected.

(4) If the Guest is a merchant or a legal entity under public law, the place of jurisdiction is Iserlohn. The statutory places of jurisdiction apply to consumers.

(5) The Intermediary does not participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG, German Consumer Dispute Resolution Act). The EU online dispute resolution platform was shut down on 20 July 2025.

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§ 14 Amendments to the agreement and final provisions

(1) The Intermediary may amend these terms for the future if there is an objective reason and the amendment does not place the Guest at an unreasonable disadvantage. The Intermediary gives notice in text form; amended terms apply only to bookings made afterwards.

(2) If a provision is invalid, the remainder remains valid; the law takes its place (§ 306 BGB).

(3) The Guest may assign claims arising from the brokerage agreement only with the Intermediary's consent; mandatory consumer rights remain unaffected.

As of: September 2026