Rental Terms

1 Booking process

1.1 The rental agreement is concluded when the Landlord's booking confirmation (declaration of acceptance) is received. The booking confirmation does not require any particular form.

1.2 A booking request sent via this website is not yet a booking but a non-binding offer by the Tenant. Only the Landlord's express booking confirmation makes the booking binding.

2 Payment

2.1 A deposit becomes due upon conclusion of the contract (receipt of the booking confirmation). The deposit amounts to 25% of the total price; it is payable to the Landlord when booking via our booking system, at the latest within 5 business days of receipt of the booking confirmation, and is not refunded in the event of withdrawal (section 4.2). The balance must be paid to the Landlord no later than 42 days (6 weeks) before arrival. In each case, the date on which payment is received by the Landlord is decisive.

2.2 If the deposit and/or the balance is not received by the Landlord within these periods, although the Holiday Property is available as agreed and the Tenant has no contractual or statutory right of retention, the Landlord is entitled — after a reminder setting a deadline — to withdraw from the contract and to charge the Tenant the flat-rate cancellation fees set out in the cancellation scale in section 4.2.

2.3 Insofar as the Landlord is prepared to provide the booked Holiday Property as agreed and the Tenant has no contractual or statutory right of retention, there is no entitlement to occupy the property or to the contractual services without payment in full.

3 Security deposit, utilities and tourist tax

3.1 The security deposit amounts to €400. It is pre-authorised on the Tenant's credit card – not charged – during the online check-in, which the Tenant receives by email about one week before arrival.

3.2 Water is included in the rental price. Electricity is included up to 200 kWh per week; consumption beyond that is charged at €0.30 per kWh. The meter reading is recorded at check-in and check-out; air conditioning and pool heating are billed via electricity consumption. The security deposit secures the Tenant's obligations to return the keys, to pay for excess electricity consumption, to pay damages for damage to the Holiday Property and to pay damages where the final cleaning has not been carried out or has not been carried out properly.

3.3 The Landlord or the Landlord's representative is entitled to make corresponding deductions from the security deposit.

3.4 Insofar as the Landlord or the Landlord's representatives do not offset claims under section 3.2 against the security deposit, the pre-authorisation is released after the Tenant's departure. Otherwise, the claims are charged against the pre-authorisation and the remainder is released; settlement takes place no later than 14 days after the end of occupancy.

3.5 The Balearic tourist tax (Impuesto de Turismo Sostenible, “Ecotasa”) is not included in the rental price. It is calculated during the online check-in in accordance with the statutory rules in force, per person, per night and per season, and paid by credit card. All other statutory taxes are included in the rental price.

4 Withdrawal by the Tenant before arrival / cancellation costs

4.1 Please note that contracts for holiday properties do not carry a statutory right of withdrawal vis-à-vis landlords, either in Germany or abroad. In addition, contracts for holiday properties concluded by distance selling carry no right of cancellation under section 312g(2) sentence 1 no. 9 of the German Civil Code (BGB). A right of cancellation does exist, however, if the contract was concluded off business premises. The Landlord nevertheless grants the Tenant a contractual right of withdrawal in accordance with the provisions below. A declaration of withdrawal before arrival should be addressed exclusively to the Landlord. We strongly recommend declaring the withdrawal in writing (text form).

4.2 In the event of withdrawal, the Landlord may charge the following flat-rate cancellation costs, which have been calculated taking into account saved expenses and the ordinarily possible re-letting of the Holiday Property:

a) withdrawal up to 43 days before arrival: 25% of the total price (corresponds to the deposit)

b) from the 42nd day before arrival, and in the event of non-arrival: 90% of the total price

4.3 Where flat-rate cancellation costs under section 4.2 are claimed, the Landlord is not obliged to provide evidence regarding a re-letting of the Holiday Property within the originally agreed contract period. The Tenant, however, expressly reserves the right to demonstrate directly to the Landlord that the Landlord in fact suffered no loss, or a substantially lower loss, than the flat-rate compensation claimed. Where such proof is provided, the Tenant only owes the lower amount.

4.4 The Landlord reserves the right to claim the actual loss instead of the flat-rate compensation, taking into account income from a re-letting as well as saved expenses, if that loss is higher.

4.5 In every case of withdrawal, the Tenant is entitled, in accordance with the booking contract, to name a replacement person who takes over the contract with all rights and obligations. The Landlord may object to the replacement person taking over if that person or their fellow travellers do not meet the contractual requirements, or if other essential circumstances agreed in the contract that are necessary for performing the contract and for using the Holiday Property as agreed are not fulfilled by the replacement person or their fellow travellers.

4.6 Taking out travel cancellation insurance as well as insurance covering repatriation costs in the event of accident or illness is expressly recommended.

5 Termination for conduct-related reasons

5.1 The Landlord or the Landlord's local representatives may terminate the contract after the start of occupancy if the Tenant and/or their fellow travellers persistently disrupt the performance of the contract despite a warning, or if they behave so contrary to the contract that immediate cancellation of the contract is justified. This applies in particular in the event of intentional or grossly negligent damage to the Holiday Property or its inventory, and in the event of a culpable breach of the Tenant's obligations under sections 7 and 8 of these terms. If the contract is terminated, the Landlord retains the entitlement to the total price; the Landlord must, however, credit the value of saved expenses and any benefits obtained from re-letting the Holiday Property.

6 Services not used

6.1 If the Tenant does not use, or does not fully use, contractual services made available by the Landlord as agreed — in particular due to late arrival and/or early departure because of illness or for other reasons for which the Landlord is not responsible — the Tenant has no claim to a pro-rata refund.

6.2 The Landlord will, however, refund to the Tenant any amounts obtained from re-letting the property as well as saved expenses.

6.3 The Tenant reserves the right to demonstrate to the Landlord that the Landlord obtained income from re-letting the property, or that such income and/or saved expenses were higher than the amounts taken into account by the Landlord.

6.4 The Tenant is advised that costs incurred through an interruption of the stay for which the Tenant is not responsible can only be covered by specific travel interruption insurance and are not covered by ordinary travel cancellation insurance. Such travel interruption insurance is not included in the price of the Holiday Property, but is recommended.

7 Tenant's obligations towards the Landlord, termination by the Tenant

7.1 Defects in the Holiday Property itself or in its facilities, and any other defects or disruptions, must be reported to the Landlord or the Landlord's local representatives without delay, together with a request for remedy. If this notification is culpably omitted, the Tenant has no claims against the Landlord insofar as the Landlord would have been able to remedy the defect or disruption immediately or by providing an equivalent alternative holiday property.

7.2 So that the Tenant suffers no disadvantage regarding evidence of fault or absence of fault, or the amount of loss, in the event of damage to the Holiday Property or its facilities, we strongly recommend reporting such damage to the Landlord or the representatives named for this purpose without delay whenever it is noticed on arrival or later — even if the Tenant did not cause it and even if it does not disturb the Tenant.

7.3 If the stay in the Holiday Property is significantly impaired by a defect or disruption, the Tenant may terminate the contract with the Landlord. The same applies if continuing the stay cannot reasonably be expected of the Tenant as a result of such a defect or disruption for an important reason apparent to the Landlord. Termination is only permissible once the Landlord or, where existing and contractually agreed as the point of contact, the Landlord's representative has allowed a reasonable deadline set by the Tenant to expire without providing a remedy. No deadline is required if the remedy is impossible, is refused by the Landlord or the Landlord's representative, or if immediate termination of the contract is justified by a particular interest of the Tenant.

8 Obligations towards the Landlord

8.1 The Holiday Property may only be occupied by the persons stated in the contract. In the event of over-occupancy, the Landlord is entitled — without prejudice to the right to terminate the contract — to demand additional reasonable remuneration for the period of over-occupancy. The surplus persons must leave the property without delay.

8.2 Visits by any third parties who were not stated as fellow travellers under the contractual arrangements and which exceed a period of 24 hours must be reported to the Landlord. If such notification is not given, or if such visits objectively constitute additional occupancy of the Holiday Property, section 8.1 applies accordingly.

8.3 The Tenant and their fellow travellers are obliged to treat the property with care. They are obliged to do everything reasonable in the event of any disruption of services in order to contribute to remedying the disruption and to keep any damage as low as possible.

8.4 The Tenant must follow precisely the operating instructions and other information regarding the use of the property and its facilities that are provided in the Holiday Property or communicated on site. In particular, the Tenant is prohibited from interfering with technical installations of the Holiday Property without the consent of the representative or owner, especially the electrical installation, the water or waste water supply, individual appliances, heating systems, the swimming pool circulation system or locking devices. The Tenant is liable for damage culpably caused by such interference, where applicable jointly and severally with their fellow travellers.

8.5 The Tenant is obliged to observe local regulations communicated to them, in particular those on fire protection, noise protection and water supply.

8.6 The Tenant is also responsible for the regular cleaning of the Holiday Property, which must be left in a clean condition before departure. The final cleaning included in the price does not cover emptying the dishwasher or cleaning the cooker, oven, refrigerator or kitchen appliances; these must be left perfectly clean. If extra cleaning is required, the Landlord will charge for that cleaning time. Soiling that cannot be removed with usual means, or damage to the furnishings, will be invoiced separately. Any compensation payable by the Tenant under the above provisions must be paid to the Landlord before departure and may be offset against the security deposit provided.

8.7 Pets are not permitted at Villa Ventimar. Culpably omitted or incorrect information in this respect may justify extraordinary termination of the contract by the Landlord.

9 Arrival and departure times, late arrival

9.1 The Holiday Property may be occupied on the day of arrival from the time stated in the booking documents, as a rule from 4:00 PM; departure takes place by 10:00 AM on the day of departure. There is no entitlement to earlier occupancy.

9.2 The Tenant informs the Landlord of the latest arrival time. There is no entitlement to key handover and takeover of the property in the event of late arrival.

9.3 The Tenant must report any delay without delay to the contact point stated in the documents, in particular in case the Landlord or a local representative is exceptionally prepared to hand over the property later.

9.4 Accommodation costs incurred by the guest as a result of late arrival are borne by the guest.