General Agency Terms and Conditions
of PHO Licencia Mallorca S.L.U., Office Mallorca, C./ Mar y Estany 45 -1º,
T. +44 2037 695 431,
E-Mail: email@example.com acting under the business name of Porta Holiday (hereinafter “Porta Holiday”)
Porta Holiday’s services are exclusively governed by the following General Agency Terms & Conditions that will be transmitted to you in full, as a tenant (hereinafter “Holiday Guest”) before your booking on the Porta Holiday website. The General Terms for the letting agreement to be concluded between you and the owner (hereinafter “Lessor”) of the holiday property (holiday houses or holiday apartments) are acknowledged as binding when the booking is made. Porta Holiday therefore recommends that you read these Terms carefully before making your booking.
I. Sourcing of the holiday property by Porta Holiday
On its own website and for bookings on other portals (hereinafter “third-party portals”), Porta Holiday provides only third-party services, namely the conclusion of letting agreements with regard to holiday properties that are privately let by the Lessor to Holiday Guests. Porta Holiday is therefore only an intermediary and acts in the name of and with the authorisation of the respective Lessor who is the Holiday Guest’s contractual partner. Porta Holiday is authorised by the respective Lessor to assert his rights out of the letting agreement in his name, to make and accept declarations, and to receive the agreed monies – rental charges, costs, etc. – from the Holiday Guest.
II. Enquiry Form / Booking procedure when using the Porta Holiday website or on third-party portals
The holiday properties described on the Porta Holiday website or by Porta Holiday on third-party portals are presented with the proviso that they may be let to some other Holiday Guest in the meantime.
Porta Holiday expressly reserves the right to announce changes to the details about and prices of the holiday property on the Porta Holiday website, on behalf of the Lessor. The property description and prices displayed on the Porta Holiday website and/or third-party portal at the time that the Holiday Guest makes the booking shall apply to the letting agreement concluded between the Lessor and the Holiday Guest.
The Holiday Guest has the option of making a non-binding reservation enquiry using the Enquiry Form (a) or making an immediately binding booking request (b).
When the Holiday Guest specifies his desired holiday property and his desired period using the Enquiry Form on the website or by telephone enquiry to Porta Holiday this represents a non-binding reservation enquiry from the Holiday Guest to the Lessor. Within one working day (Mondays to Fridays exclusive of public holidays in the place where Porta Holiday has its registered office) Porta Holiday will notify the Holiday Guest by e-mail as to whether the requested holiday property is available to him during the desired period. Where the desired holiday property is available, Porta Holiday will, on behalf of the Lessor, reply to the Holiday Guest by e-mail offering a booking for this holiday property during the latter’s requested period, while also providing the necessary information for making a complete booking. The holiday property specified by Porta Holiday in this e-mail will then be reserved free of charge for the Holiday Guest for a period of 48 hours after the e-mail is sent by Porta Holiday. During this period the Holiday Guest may send an e-mail to Porta Holiday in which, accepting the Lessor’s binding offer without any changes, he may book the requested holiday property subject to a fee. Where the Holiday Guest accepts the Lessor’s offer without alterations by sending an e-mail to Porta Holiday within the specified 48 hours, the letting agreement between the Holiday Guest and the Lessor of the holiday property is concluded. Porta Holiday will send the Holiday Guest a corresponding booking confirmation. The personal data provided in the booking will be made available by Porta Holiday to third-party service providers as necessary for processing the booking (e.g. local representation, service companies). Where the Holiday Guest fails to accept the offer without changes within the specified 48-hour period, the offer is no longer binding on the Lessor.
Where the Holiday Guest sends an e-mail accepting the offer but with changes, or sends the e-mail to Porta Holiday after the 48-hour period has elapsed, this e-mail shall represent a binding offer on the part of the Holiday Guest to conclude a letting agreement for the holiday property specified in the e-mail by the Holiday Guest during the period he specified and at the specified price. Porta Holiday has the right to accept or decline the offer on behalf of the Lessor within a period of 48 hours of receipt of the e-mail by sending a corresponding booking confirmation. Once this period has elapsed, the booking declaration shall no longer be binding on the Holiday Guest and no contract will have been concluded.
By providing all requested details in the booking screen of the Porta Holiday website or third-party portal, sending the booking by clicking on the “Book payable” button and receiving the online auto response (notification of Porta Holiday’s receipt of the details sent by the Holiday Guest), the Holiday Guest is making a binding offer to the Lessor to conclude a letting agreement for the holiday property and period specified by the Holiday Guest in his booking. Porta Holiday will make the personal data provided in the booking available to third-party service providers to the extent necessary for processing the booking (e.g. local representation, service companies). Porta Holiday has the right to accept or decline the offer on behalf of the Lessor within a period of 48 hours. Once this period has elapsed the booking declaration is no longer binding on the Holiday Guest and no contract will have been concluded.
Where Porta Holiday accepts the Holiday Guest’s offer on behalf of the Lessor by issuing a formal booking confirmation, the letting agreement between the Holiday Guest and the Lessor of the holiday property shall be deemed concluded.
It is recommended that the Holiday Guest print or save his offer to conclude a letting agreement (booking) as the retrieval or saving of the booking is no longer possible once it has been sent.
III. General Letting Terms
1. Scope of Service / Prices / Best Price Guarantee
The Lessor is obliged to make the holiday property specified in the booking confirmation available for the use of the Holiday Guest for the period specified therein for the stated number of occupants. The contractually agreed condition and fit-out of the holiday property shall conform with the description in the booking confirmation with due consideration for any explanations and any qualifying or supplementary notes on the Porta Holiday website or third-party portal at the time of booking. Neither Porta Holiday nor the Lessor shall be responsible for any conditions that are not directly related to the holiday property and the contractual services. Those conditions that are not directly related to the holiday property and Porta Holiday’s contractual services are, most notably, the condition of the holiday property’s surroundings and the local conditions of the place in which the holiday property is situated.
In order to be valid, any side agreements or supplementary agreements to the letting agreement must be expressly confirmed by an authorised employee of Porta Holiday or of the Lessor. Third parties who have not been expressly authorised by Porta Holiday are not entitled to legally represent the Lessor. This shall also apply to the individual who hands over the keys of the holiday property to the Holiday Guest on site.
The price, inclusive of value added tax, shall be specified in the booking confirmation. The booking confirmation will also contain any additional costs which may be invoiced by the Lessor to the Holiday Guest, e.g. energy and/or water costs, and costs for final cleaning. Consumption costs will be specified at the respective price per unit consumed.
Best Price Guarantee: Where, within five (5) days of receiving the booking confirmation, the Holiday Guest sends (e-mail is adequate) Porta Holiday an identical offer from another provider in which the same holiday property is offered at a lower price, the lower price shall apply. An offer shall be defined as identical where that offer refers to the same booking period, i.e. the same time and number of days, with occupancy by the same number of individuals, and otherwise contains the identical terms with regard to services, additional services and additional costs to those shown in the booking confirmation. Where the Best Price Guarantee is applied, Porta Holiday will send the Holiday Guest an adjusted booking confirmation with the lower price. The said Best Price Guarantee shall however not apply where the lower rental price offered by the other provider is obtained on the basis of vouchers, discounts of any kind or price campaigns that apply for limited periods.
Where the Holiday Guest has already made a down payment on the higher rent, it will be reimbursed to him pro rata, calculated on the basis of the new price.
2. Alterations to services and prices
Where grounds arise for which neither the Lessor nor Porta Holiday is responsible, the Lessor is entitled to make necessary changes and modifications to services agreed in the letting agreement after it has been concluded, provided that such changes do not have a significant impact on the scope of the contracted services and are such that may be reasonably accepted by the Holiday Guest. Any warranty claims relating to insufficient provision of services on the part of the Lessor shall remain unaffected.
Where there is an interval of more than four months between the time that the contract is concluded and the commencement of the letting period, the Lessor reserves the right to make pro rata adjustments to the agreed price insofar as taxes or charges have changed or new ones have been introduced. Porta Holiday will inform the Holiday Guest of any such price changes without delay and at latest 21 days before the contractually agreed commencement of the letting. From the 20th day before the contractually agreed commencement of the letting no further price changes are permitted.
Where the agreed price increases by more than 5 % or where important services are significantly altered by the Lessor, the Holiday Guest has the right to withdraw from the letting agreement immediately after notification free of charge. Alternatively he may demand a holiday property of at least the same standard if Porta Holiday is in a position to provide such a property in its portfolio, owned by a different Lessor, without additional costs for the Holiday Guest.
3. Payment Terms / Deposit / Payment of consumption-based incidental costs
Once the letting agreement has been concluded and the booking confirmation sent, the Holiday Guest shall pay the agreed price as follows:
- Down payment amounting to 30 % of the price (down payment is offset against the price) to be transferred five days after receipt of the booking confirmation by the Holiday Guest to the account specified by Porta Holiday in the booking confirmation;
- The balance is to be transferred to the account specified by Porta Holiday in the booking confirmation at latest 40 days before the commencement of the letting.
Porta Holiday is authorised by the Lessor to receive the agreed payment. The date on which the specified account is credited shall apply with regard to the punctuality of the aforementioned payments.
After payment of the price in full before commencement of the letting, the Holiday Guest shall receive from Porta Holiday documentation in electronic format about the holiday property and details of the local contact who, on behalf of the Lessor, will hand over the key for the rented holiday property to the Holiday Guest on presentation of the latter’s valid passport or ID.
Where the contract is concluded less than 40 days before the letting is due to start, the Holiday Guest is required to pay the entire sum in full immediately on receipt of the booking confirmation.
Where the Holiday Guest has not made payment in full by the agreed due date, after an appropriate grace period of at least one week set by the Lessor has elapsed, the Lessor shall have the right to withdraw from the agreement and seek statutory compensation.
All payments, including those from abroad, are to be transferred to the accounts specified in the booking confirmation free of charges or other expenses.
Before the key is handed over on site by the local contact, the Holiday Guest is required to pay an appropriate deposit, the amount of which shall be provided in the holiday property details on the Porta Holiday website and/or third-party portals. The deposit is to be paid locally in cash.
Consumption-based incidental costs agreed in the letting agreement will be deducted from the deposit. Equally, the costs of all damage to the holiday property and/or the inventory caused by the Holiday Guest, his companions or his guests, and/or missing inventory will be deducted from the deposit. The Lessor is also entitled to use the deposit to offset claims relating to the delayed return of the holiday property by the Holiday Guest. The balance of the deposit will be returned to the Holiday Guest either in cash on departure or by transfer to his specified account at latest two weeks after he has returned the holiday property. Even if the deposit has been refunded in part or in full to the Holiday Guest, the Lessor retains the right to assert outstanding claims, particularly for compensation, against the Holiday Guest.
4. Alternative Holiday Guest, Withdrawal before Commencement of Letting / Cancellation Charges
Until the commencement of the contractually agreed letting period, the Holiday Guest has the right to demand of the Lessor, through Porta Holiday, that another individual specified by him and with his agreement, may take over the rights and obligations of the letting agreement. This shall not however apply where the individual designated by the Holiday Guest does not meet the necessary requirements of the letting agreement or where the use of the holiday property by this other individual is not possible on statutory grounds or by reason of official directive. Where another individual takes over the letting agreement, that individual and the Holiday Guest shall jointly and severally be liable to the Lessor for payment of the agreed price.
Prior to the commencement of the contractually agreed letting period, the Holiday Guest may withdraw from the letting agreement at any time. Declaration of such withdrawal shall be effective in relation to the Lessor on receipt of the corresponding declaration by Porta Holiday. For purposes of verification it is recommended that any withdrawal be made in writing. An e-mail is sufficient.
Where the Holiday Guest withdraws before the contractually agreed commencement of the letting period, the Lessor shall lose his right to payment of the agreed price. The Lessor may then demand suitable compensation (cancellation charge) the amount of which shall be based on the agreed price minus the costs saved by the Lessor and minus the revenue that the Lessor can earn by letting the Holiday Property to some other party. This shall not apply where the Holiday Guest withdraws from the letting agreement on the grounds of force majeure or on grounds for which the Lessor or Porta Holiday are responsible.
To fulfil his claim for compensation, the Lessor shall be entitled to apply the following flatrate charges which are based on the interval between withdrawal and the commencement of the contractually agreed letting and represent a percentage of the agreed price:
- up to 90 days before the letting is due to start: 30 % of the price;
- 89 – 60 days before the letting is due to start: 50 % of the price;
- 59 – 30 days before the letting is due to start: 75 % of the price;
- 29 days – 1 day before the letting is due to start: 90 % of the price.
The Holiday Guest has the right to demonstrate that the Lessor has incurred a lesser or no loss. The Lessor remains entitled to demonstrate that owing to the cancellation he has incurred losses – which must be itemised and verified by the Lessor – that exceed the aforementioned flatrate charges.
Porta Holiday recommends that travel cancellation insurance be taken out, with adequate cover to meet the costs of the abovementioned cancellation charges.
5. Termination of letting agreement by the Holiday Guest on grounds of force majeure
Apart from the right of withdrawal as set out at 4. above, the Holiday Guest may terminate the letting agreement without notice to the Lessor before or after the commencement of letting where the use of the holiday property is made significantly more difficult, dangerous or restricted owing to force majeure which could not have been foreseen at the time the letting agreement was concluded.
Where the Holiday Guest has terminated the letting agreement prior to the start of the letting on grounds of force majeure, the Lessor shall refund any payments made on the agreed price. Any further claims are excluded. Where the Holiday Guest terminates the letting agreement on grounds of force majeure after the start of the letting, the Lessor shall reimburse to him a part of the agreed price corresponding with the pro rata temporis price for the rental period that was not used. Any further claims are excluded.
6. Termination of the agreement by the Lessor
Prior to and after commencement of the letting, the Lessor has the right to terminate the letting agreement concluded with the Holiday Guest without notice where the Holiday Guest’s stay is made significantly more difficult, dangerous or restricted owing to force majeure which could not have been foreseen at the time the letting agreement was concluded. Where the Lessor terminates the agreement in accordance with the abovementioned terms prior to the commencement of the letting period, any payments on the agreed price made by the Holiday Guest will be refunded to him. Any other claims by the Holiday Guest are excluded. Where the Lessor terminates the agreement in accordance with the abovementioned terms after commencement of the letting period, the Holiday Guest will receive a refund of part of the agreed price corresponding with the pro rata temporis price for the rental period that was not used. Any further claims are excluded.
The Lessor equally has the right prior to or after commencement of the letting period to terminate the agreement without notice where, despite corresponding warning by the Lessor, the Holiday Guest or his companions lastingly impede performance of the agreement, endanger it by their behaviour, or conduct themselves in a manner so contrary to the agreement that, with all due consideration for the circumstances of the individual case and after weighing up the parties’ mutual interests, the Lessor cannot reasonably be expected to uphold the agreement until the agreed end date of the letting. In this case the Lessor shall be entitled to claim statutry compensation.
7. Arrival and departure, Holiday Guest’s obligations and liability / Pets
The arrival and departure dates specified in the letting agreement are binding and may only be altered with the express consent of both parties to the agreement. The handover of the key to the Holiday Guest shall be effected at 4:00 p.m. on the day of arrival in the place specified in the booking confirmation. Where the Holiday Guest and his companions will be arriving by air, they should provide the contact person specified in the booking confirmation with their flight details at latest 72 hours before their scheduled arrival. The contact person named in the booking confirmation should be notified immediately of any delays, using the provided contact details (e.g. hotline), in order to agree a new handover appointment in light of the delay. The return of the holiday property, swept clean, and with all crockery, cutlery, etc., cleaned, and inclusive of all keys handed over to the Holiday Guest shall be at latest by 10:00 a.m. on the agreed date of departure. Final cleaning will be organised by the Lessor and is included in the price unless otherwise specified in the letting agreement.
Existing house rules and instructions on the use of technical equipment inclusive of the furnishings must be observed by the Holiday Guest and his companions. All items are to be handled with care. Equally, consideration must be shown to any neighbours.
Where damage is caused through the fault of the Holiday Guest, his companions and/or his visitors, the Holiday Guest must inform the designated contact person immediately and reimburse the costs of the damage.
Insofar as the contractual terms permit the Holiday Guest to use an internet connection of the Lessor installed in the holiday property, the Holiday Guest, his companions and his guests are obliged to comply with all statutory provisions, and most notably youth protection and copyright legislation, when using the internet. Where the Lessor of the internet connection or Porta Holiday are held liable for the illegal use of the internet connection and, most notably, violation of copyright, caused by the Holiday Guest, or one of his companions or guests, the Holiday Guest and/or the affected companion and/or guest shall hold the Lessor and Porta Holiday harmless against all claims by third parties inclusive of the costs of necessary legal defence. In this case both the Lessor and Porta Holiday are entitled to hand over the personal data of the Holiday Guest as well as the data of his companions to the competent authorities, investigating agencies and courts of law.
The number of people with whom the Holiday Guest is permitted to use the rented holiday property shall be specified in the booking confirmation. Owing to statutory provisions, the names and data of all companions must be provided by the Holiday Guest to the Lessor correctly and in full prior to the commencement of the letting. The personal data of all users of the holiday property will be recorded locally during the handover of the holiday property. The Lessor has the right to turn away any additional individuals where their number exceeds that specified in the booking. The Lessor reserves the right to invoice a higher usage charge in the event that the holiday property is used by additional individuals.
Pets are only permitted where this has been expressly approved for the designated animal in the booking confirmation. Pets are otherwise not permitted in the holiday property. The Holiday Guest is required to observe the valid entry conditions for pets in the place where the holiday property is located.
8. Obligations and rights of the Holiday Guest with regard to defects
Any defects identified at the handover of the holiday property by the Holiday Guest and/or his companions and/or any defects which are subsequently identified must be notified immediately by the Holiday Guest and a remedy requested whereby the Lessor is to be granted an appropriate grace period within which to effect a remedy. The Lessor is entitled to refuse remedial action where this will result in disproportionate effort. Where the Lessor does not remedy the situation within an appropriate grace period, the Holiday Guest has the right to remedy it himself and to demand reimbursement of the necessary outlay, provided that such outlay is proportionate. No grace period shall be necessary where the Lessor refuses to remedy the situation or where an immediate remedy is called for owing to some special interest of the Holiday Guest.
Where the holiday property contains a significant defect for which the Lessor is responsible, the Holiday Guest has the right to terminate the agreement with due consideration for the analogous application of the provisions of Section 651e of the German Civil Code (BGB). The termination is however only permitted where the Lessor has allowed a grace period accorded to him by the Holiday Guest to elapse without effecting a remedy. No grace period need be set where no remedy is possible, where it is refused by the Lessor, or where an immediate termination is called for owing to some special interest of the Holiday Guest.
9. Limitation of liability for the Lessor and Porta Holiday
The Lessor’s contractual liability for losses that are not losses to life, limb or health, shall be limited to three times the amount of the price specified in the letting agreement provided that a loss is not caused by the intent or gross negligence of the Lessor, his representatives or his vicarious agents. Liability is otherwise excluded. Insofar as the Lessor’s liability is excluded, this shall also apply to Porta Holiday, its representatives and its vicarious agents.
The Lessor and Porta Holiday shall not be liable for defective performance of the services that are expressly and justifiably designated as third-party services.
The Holiday Guest shall inform himself in good time before his trip about the necessary passport, visa and health requirements for entry to Spain, and any changes to these requirements. Information is available, for example on the website: http://www.spain.info/en.
Where visas are required by the Holiday Guest or his companions, applications should be made in good time so that the visas have been received prior to travel. Neither the Lessor nor Porta Holiday shall be responsible for the late issue and/or late arrival of any necessary visa.
11. Final provisions
The language of the agreement is German.
Where one of the above provisions is or shall become invalid or infeasible this shall not affect the validity of the remaining provisions and of the agreement as a whole.
The agreement concluded between the Holiday Guest and the Lessor and any disputes arising out of this agreement, as well as Porta Holiday’s agency activities shall be governed solely by the laws of the Federal Republic of Germany. Concomitant with this choice of law is that – provided the Holiday Guest is a consumer and has his habitual residence in an EU member state or Switzerland – the protection to which the Holiday Guest is entitled under the mandatory legal provisions of this state will not be withdrawn from the Holiday Guest.
Porta Holiday Haed Office
C./ Mar y Estany 45 -1º
Tel. (GB) +44 2037 695 431
Tel. (ES) +34 671 332 232