General conditions

TERMS AND CONDITIONS OF BOOKINGS 

 

These general conditions shall govern at all times the contractual relationship between the client and DREAM VILLAS POLLENSA, S.L.U. (hereinafter DREAM VILLAS POLLENSA), arising from the booking made by the client in accommodation managed by DREAM VILLAS POLLENSA. Likewise, these general conditions shall be complemented with the information and specific characteristics of each accommodation detailed on our website. Therefore, the client who books any of our accommodation will also agree with this information and characteristics, which will be expressly accepted.

 

DREAM VILLAS POLLENSA shall at all times act as an agent, on behalf of the owners of the accommodation it manages, or their legal representatives.

 

These general conditions are as follows:

 

1.- GENERAL ISSUES

 

1.1.- Contract

 

By making the booking, the client declares that he/she has the capacity to contract, and that he/she accepts, on behalf of him/herself and the other occupants, the general contracting conditions stipulated herein.

 

1.2.- Price of accommodation

 

Prices are in Euros and, in accordance with Spanish tax regulations, subject to Value Added Tax (VAT), which is already included in the prices.

 

The prices on our website will be updated at all times and will replace any previous price. Likewise, these prices may vary at any time, and may go up or down, without this constituting the object of a claim by the client.

 

1.3.- Tourist Tax

 

As a general rule, the Tourist Tax is not included in the price of the booking, which must be added and calculated according to the stipulations of the current regulations.

 

If it is included in the price of the booking, this will be detailed in the information about the accommodation on the website.

 

2.- BOOKING CONDITIONS

 

2.1.- Duration of bookings

 

The duration of the bookings will be determined in the booking confirmation. Therefore, the client, as well as all occupants of the accommodation, may only occupy the accommodation during the days established in the booking confirmation, and must enter the accommodation on the day of arrival and vacate it on the day of departure, respecting the stipulated check-in and check-out times.

 

2.2.- Payment of bookings

 

Within 48 hours of making a booking, the client must pay a deposit equivalent to 20 percent of the total amount of the rental of the accommodation.

 

Once DREAM VILLAS POLLENSA has confirmed that the deposit has been received, as well as the prior approval of the booking by the owner, the client will be sent confirmation of the booking.

 

In the event that the deposit is not paid within the established period, the booking will be considered as not formalised, without the client having any claim against DREAM VILLAS POLLENSA, who will not be obliged to attend to the booking.

 

The rest of the outstanding amount of the booking must be paid by the client at least 61 days before the date of arrival at the accommodation. If the payment is not made within the established period, DREAM VILLAS POLLENSA will cancel the booking and the client will lose the deposit as a penalty.

 

In the event that the booking is made less than 61 days before the date of arrival at the accommodation, the client must pay the full amount (100 percent) of the booking at the time of making the booking, subject to the same deadlines and conditions as the payment of the deposit.

 

The above conditions may vary depending on the accommodation booked, so the client must comply with the payment conditions that appear on the DREAM VILLAS POLLENSA website for each particular accommodation.

 

The client must send DREAM VILLAS POLLENSA a copy of the proof of payment by e-mail as soon as possible, and the client will be responsible for all expenses, as well as any possible bank commissions, that the payment operations may entail.

 

When DREAM VILLAS POLLENSA checks that the total amount of the booking has been received, in accordance with the aforementioned, it will send the client by e-mail the information necessary to reach the reserved accommodation, the instructions for collecting the keys, as well as any other information that DREAM VILLAS POLLENSA considers relevant.

 

In the event that the client makes the booking of the accommodation through a sales channel, portal or booking website managed by DREAM VILLAS POLLENSA, the payment conditions of the bookings will be those specified in the aforementioned sales channel.

 

2.3.- Methods of payment

 

The client can pay for the booking by credit card (Master Card or Visa) or by bank transfer.

 

2.4.- Right of withdrawal

 

According to Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, in its art. 103, the right of withdrawal shall not apply to contracts relating to (among others):

 

(l) The provision of accommodation services for purposes other than serving as a dwelling, transport of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

 

Therefore, on the basis of the above, there shall be no right of withdrawal for the client.

 

2.5.- Cancellation of bookings

 

Cancellations of bookings communicated by the client more than 60 days before the date of arrival at the accommodation will be penalised with 1% of the total amount of the booking.

 

On the other hand, cancellations of bookings communicated by the client 60 days or less prior to the date of arrival at the accommodation will be penalised with the total amount of the booking.

 

Likewise, the total amount of the booking will be charged when the client does not show up at the reserved accommodation (NO SHOW) or even interrupts his/her stay in the accommodation.

 

The above conditions may vary depending on the accommodation booked, so the client must comply with the cancellation conditions that appear on the DREAM VILLAS POLLENSA website for each particular accommodation.

 

In the event that the client has made the booking of the accommodation through a sales channel, portal or booking website managed by DREAM VILLAS POLLENSA, the cancellation conditions of the bookings will be those specified in the aforementioned sales channel. However, for the other situations relating to the cancellation of bookings (when the booking must be cancelled by DREAM VILLAS POLLENSA, in the event of rejection of bookings made by problem clients, in the application of force majeure, etc.) which are listed below, the stipulations of these general terms and conditions shall apply.

 

It should be noted that communication by the client of the cancellation of a booking must be made by email.

 

In the event that DREAM VILLAS POLLENSA has to cancel a booking, for whatever reason, by direct imposition of the property and/or for reasons beyond its control, the client will be paid the full amount of the booking fee paid to date. In any case, every effort will be made to offer the client an alternative of similar characteristics, depending on availability. If the alternative accommodation is at a lower price than originally booked, the difference will be refunded to the client. If the alternative offered has a higher price, the client will have to pay the difference. In the event that it is not possible to offer the client an alternative or the alternative offered is not to their liking, the client will be refunded the booking fee paid, without in any case, be subject to refund, or obviously claim, the costs associated with the booking as could be: airline or boat tickets, car rental, travel insurance, etc.

 

On the other hand, DREAM VILLAS POLLENSA reserves the right to refuse any booking or booking request from clients or occupants who have caused problems or incidents in any accommodation in the past or with whom there are or have been any lawsuits.

 

2.6.- Cases of force majeure and other circumstances

 

DREAM VILLAS POLLENSA will not pay any compensation and/or refund to the client if the reason for the cancellation of the booking is due to force majeure, such as the following cases:

 

Wars; civil unrest; terrorist activities; natural disasters (such as fires, floods, epidemics, extreme weather conditions, etc.) or nuclear disasters; closure of ports or airports; government actions or decisions; as well as any other events or circumstances that could not have been foreseen or avoided, or that even if they could have been foreseen, would have been particularly harmful.

 

Likewise, DREAM VILLAS POLLENSA shall not be held responsible for circumstances occurring on the property that are not under its control or that are a consequence of force majeure suffered during the stay of the client and the other occupants, and therefore will not attend to claims made by the client for compensation or refunds that are due to circumstances of force majeure, such as war, civil unrest, floods, fires, etc., as well as any other circumstances that are not under the control of DREAM VILLAS POLLENSA, as well as any other circumstances that are not attributable to DREAM VILLAS POLLENSA, such as, amongst others, the existence of building work in the vicinity of the accommodation or in nearby buildings, noise from bars and restaurants, etc.

 

The cases and circumstances described above are not a "numerus clausus" (closed list), but any other related cases and circumstances will be accepted.

 

2.7.- Date changes of bookings

 

Once the booking has been formalised, no date changes will be accepted.

   

2.8.- Arrival and departure times at the accommodation

 

For organisational purposes, the client must inform DREAM VILLAS POLLENSA of the estimated time of arrival at the airport or seaport at least 7 days prior to the date of check-in at the accommodation.

 

Check-in time will be at 16.00 hours, and check-out time will be before 10.00 hours. The client and other occupants may not enter the accommodation before the scheduled check-in time, and must leave the accommodation before the scheduled check-out time.

 

3.- OBLIGATIONS OF THE CLIENT AND THE OCCUPANTS

 

3.1.- Registration of travellers

 

According to the current regulations, it is compulsory for all occupants (in the regulations referred to as "travellers") to register their personal details before entering the accommodation. In order to do so, they must fill in and sign a form, which will then be sent to the local authorities.

 

Once the booking procedure has been completed, and well in advance of the day of arrival, the client will be sent instructions via email on how to carry out the registration of travellers by the occupants of the accommodation.

 

Due to its legal requirement, occupants who do not complete and sign the form will not be allowed access to the accommodation.

 

3.2.- Maximum occupancy and uses of the accommodation

 

The client and other occupants must respect the maximum occupancy of the accommodation.

 

In the event that the client and the other occupants exceed the maximum number of people allowed in the accommodation, DREAM VILLAS POLLENSA will proceed to cancel the booking with the immediate expulsion of the client and the other occupants of the accommodation, without the client having the right to obtain a refund of any amount, total or partial, of the booking.

 

The accommodation booked is intended solely and exclusively for holiday use by the client and its occupants for the period of time specified in the booking confirmation. It is not permitted to use the accommodation for other purposes, such as banquets, celebrations, parties, seminars, etc. Any use of the accommodation other than for holiday purposes by the client and the other occupants will result in the automatic cancellation of the booking with the consequent immediate expulsion of the client and the occupants from the accommodation, without the client having the right to obtain a refund of any amount under the terms of the previous paragraph.

 

On the other hand, and no less important, the client and the other occupants of the accommodation must respect the rest of the neighbours in the same building or complex, as well as in the vicinity of the accommodation. This respect is basically focused on not carrying out annoying and/or noisy activities, especially at unearthly hours, i.e. during normal rest hours. Failure to respect this point may lead to the cancellation of the booking and immediate expulsion from the accommodation under the terms set out above.

 

3.3.- Breakage deposit

 

Before entering the accommodation, DREAM VILLAS POLLENSA will ask the client for a certain amount as a deposit to cover possible damage, breakage, damage or excessive dirt in the accommodation that may occur during the stay of the client and the other occupants. This amount will be returned to the client between 24 and 48 hours after the departure of the client and the other occupants from the accommodation, after the accommodation has been previously inspected by the DREAM VILLAS POLLENSA team and the absence of any damage, breakage, damage or excessive dirtiness has been verified.

 

3.4.- Compensation for damage, breakage, damage or excessive soiling

 

The client will be responsible for any damage, breakage, damage or even excessive dirt that occurs in the accommodation during their stay, provided that it is due to causes attributable to the same or to the other occupants.

 

The accommodation, as well as its facilities and equipment, are handed over to the client in perfect state of use and conservation. If, on arrival at the accommodation, the client detects any defect, damage, anomaly or breakage, either in the accommodation or in its installations or equipment, he/she must inform DREAM VILLAS POLLENSA as soon as possible, and at the latest within the first hour of arrival, so that DREAM VILLAS POLLENSA can assess it.

 

Otherwise, any damage that has not been reported within the first hour of arrival will automatically be charged to the client and deducted from the deposit, and if this is not sufficient, the client will be charged for the part that exceeds this amount.

 

The claim for compensation to cover the expenses caused by possible damage, breakages, damage or excessive dirt may be made either by the owner of the accommodation directly to the client or by DREAM VILLAS POLLENSA, in its own name or in the name of the owner. In addition, the client shall also be liable for the costs incurred in making such a claim.

  

3.5.- Irregularities, anomalies and deficiencies

 

The irregularities, anomalies and deficiencies that the client finds in the booked accommodation must be communicated as soon as possible, and always during the stay, to DREAM VILLAS POLLENSA, who will try to solve any irregularity, anomaly or deficiency that is proven to be true within a reasonable period of time.

 

Any complaint made by the client after leaving the accommodation cannot be dealt with as it lacks the most elementary criteria to be able to process the complaint.

 

3.6.- Supervision of children

 

Children occupying the accommodation must be under the supervision of an adult at all times.

 

Any accident suffered by a child in the accommodation will be the responsibility of the client and the adult occupants.

 

3.7.- Pets

 

It is expressly forbidden to keep pets in the accommodation. The possession of pets will be grounds for expulsion of the client and the other occupants of the accommodation, without any refund of any amount to the client.

 

3.8.- Rubbish 

 

The client must dispose of rubbish daily in the appropriate containers, which are normally located on roads or main streets. Stored rubbish can attract cats, insects, etc.

 

Therefore, to avoid the proliferation of pests, as well as bad smells and dirt, the rubbish must be deposited daily in the aforementioned containers.

 

On the other hand, no bags of rubbish should be left in the accommodation on departure. In case of non-compliance with the above, DREAM VILLAS POLLENSA will penalise the client with the payment of 50 Euros, which will be deducted from the amount of the deposit.

 

3.9.- Furniture

 

Alteration or rearrangement of the furniture in the accommodation is not permitted.

 

3.10.- Supplies

 

The client and their occupants must consume water and electricity rationally and proportionately during their stay in the accommodation.

 

In the event of undue or disproportionate consumption of the aforementioned supplies, DREAM VILLAS POLLENSA will penalise the client with the payment of up to 100 Euros, which will be deducted from the amount of the deposit.

 

It should be noted that in some areas there may be temporary interruptions to the water supply or electricity supply, and DREAM VILLAS POLLENSA cannot be held responsible for these eventualities or for any other circumstance beyond its control.

 

3.11.- Electric vehicles

 

The accommodation at DREAM VILLAS POLLENSA does not have a system adapted for charging electric vehicles, so charging is not permitted.

 

In case of renting an electric vehicle, the client is recommended to contact DREAM VILLAS POLLENSA to receive information about the nearest charging points.

 

If DREAM VILLAS POLLENSA becomes aware that an accommodation is or has been charging an electric vehicle, the client will be penalised with 10 € for each day of stay concluded in the accommodation, including the day on which the client becomes aware of it.

 

Continuation of the prohibited conduct will result in the expulsion of the client and the other occupants of the accommodation, without any refund to the client.

  

3.12.- Internet

 

The Internet connection via Wi-Fi is provided by an external provider, so in the event of any problem or incident with the connection, the client must inform DREAM VILLAS POLLENSA, who in turn will report it as soon as possible to the provider company.

 

In any case, supply cuts or connection failures during the stay will not, in any way, be grounds for the client to make a claim against DREAM VILLAS POLLENSA.

 

3.13.- Fees for bank transfers and credit/debit cards

 

The commissions generated as a result of making bank transfers, in which DREAM VILLAS POLLENSA is both the beneficiary and the sender, as well as those generated by credit or debit card transactions (e.g. through the use of payment gateways, virtual POS, dataphones, etc.), will always be for the client's account.

 

DREAM VILLAS POLLENSA will claim the amount related to these commissions from the client, reserving the right to deduct it from the amounts that the client receives as a result of refunds for cancellation or other concepts.

 

4.- OTHER ISSUES

 

4.1.- Cleaning and linen

 

The accommodation will be delivered clean and provided with bed linen and bath towels.

 

Pool towels will only be provided when this is expressly indicated in the accommodation information on the website. In any case, pool towels may not be used to go to the beach.

 

4.2.- General, garden and swimming pool maintenance

 

The maintenance of the exterior of the accommodation will be carried out by the property or authorised personnel.

 

These maintenance tasks do not follow specific schedules, so it will not be possible to inform the client in advance of the exact time when these tasks will be carried out.

 

4.3.- Kitchen equipment

 

The kitchens are equipped for immediate use. Specific equipment is detailed in the accommodation information on the website.

 

However, cleaning products will not be provided.

  

4.4.- Holding of keys by the staff

 

The DREAM VILLAS POLLENSA team and the people in charge of cleaning, pool and/or garden maintenance (if any), as well as general maintenance of the accommodation, reserve the right to have a copy of the key to the accommodation and to have access to it (both to the plot and to the interior of the accommodation itself), even without the presence of the client or other occupants, in order to carry out their own tasks or functions during the client's stay in the accommodation and those of its occupants.

 

Likewise, in the event of any eventuality or incident, the persons described in the previous paragraph may hand over the key to any technician or professional, previously designated by DREAM VILLAS POLLENSA or by the property, so that, under the same conditions as above, they may carry out the necessary work to resolve the unforeseen event.

 

4.5.- Client service

 

Should the client need to contact DREAM VILLAS POLLENSA in the event of any problem during their stay, they can do so on the telephone number (+34) 971 68 48 17, Monday to Friday from 9:00 to 18:00 hours and Saturdays from 9:00 to 14:00 hours. In urgent cases, outside office hours, you can contact us on the mobile phone number (+34) 659 23 00 29.

 

4.6.- Thefts and robberies

 

DREAM VILLAS POLLENSA cannot be held responsible for any theft or robbery that may occur in the accommodation during the stay of the client and other occupants.

 

In the event of theft or robbery, it is recommended that the client or occupant immediately contact the local authorities to report the incident.

 

4.7.- Insects

 

It is possible that mosquitoes, ants, wasps and other insects may appear in accommodation, especially in rural areas. These insects are common in Mediterranean areas.

 

As far as mosquitoes are concerned, it is advisable to use repellent (all types are available in local supermarkets and pharmacies) and to wear long sleeves at dusk in outdoor areas, as this is when they are most active.

 

4.8.- Functioning of air-conditioning and heating systems

 

It is possible that in some accommodations the air conditioning and heating may be programmed to operate only within a certain time zone. Likewise, the heating may have an additional cost.

 

The aforementioned shall not be grounds for compensation or indemnity claims by the client against DREAM VILLAS POLLENSA, and the client and the other occupants of the accommodation must respect the established programming or the additional cost.

 

It should be noted that DREAM VILLAS POLLENSA declines any type of responsibility for mechanical faults that may affect the air conditioning and heating systems.

 

Until the breakdown of an air-conditioning unit is resolved, fans will be supplied (as many as there are air-conditioning units that have broken down).

 

4.9.- Parasols and sunbeds

 

Not all accommodation is equipped with sunshades. It could also happen that there are not enough sun loungers for the maximum capacity of the accommodation.

 

Furthermore, there may be discrepancies between the type of sunshade and sun loungers that appear in the photographs of the property on the website and those that actually exist in the accommodation. In any case, DREAM VILLAS POLLENSA shall not be held responsible in this regard.

 

4.10.- Cots and baby chairs

 

If the client needs a cot or high chair, this must be requested at the time of booking, or no later than 7 days before arrival at the accommodation. The first cot and high chair are included in the price of the booking. However, the second cot or high chair will have an additional cost.

 

4.11.- Services offered by collaborators

 

DREAM VILLAS POLLENSA shall be exempt from all liability for any claims, both judicial and extrajudicial, that are made in relation to any service offered by a collaborator of DREAM VILLAS POLLENSA, which the client has contracted, either directly, or even through DREAM VILLAS POLLENSA.

 

Therefore, the customer should address any claim, which has the above object, to the company that has actually provided the service in question.

 

5.- LAW OF APPLICATION AND JURISDICTION

   

5.1.- Applicable law

 

These general conditions, as well as the contractual relationship between the client and DREAM VILLAS POLLENSA, shall be governed and interpreted in accordance with Spanish law.

 

In case of contradictions and/or discrepancies in the interpretation of these general terms and conditions in their respective Spanish, English and/or German versions, the Spanish version shall prevail over the other versions.

 

5.2.- Jurisdiction

 

Likewise, the Courts of the Balearic Islands shall have exclusive jurisdiction to hear any controversy or claim relating to these general conditions, as well as to the contractual relationship between the client and DREAM VILLAS POLLENSA, which are objectively competent.