Rental Agreement
This Rental Agreement (the “Agreement”) is entered into between:
Unique Island Homes S.L., trading as Island Homes,
NIF ES67837104,
with registered address at Vicente Ensenyat 39, 07300 Inca, Spain
(hereinafter referred to as “Island Homes”),
acting solely as agent on behalf of the Owner of the Property,
and
the undersigned guest (the “Licensee”).
1. Parties and Grant of Temporary Use
In consideration of the payments made and the mutual covenants contained herein, the Owner of the property (the “Property”), through Island Homes Mallorca (acting solely as agent for the Owner), hereby grants to the undersigned guest (the “Licensee”) the temporary and non-exclusive right of use of the Property for the agreed dates and subject to the terms and conditions set forth herein.
This agreement constitutes a temporary use for non-permanent residential purposes.
2. Applicable Law
Pursuant to Article 4.3 of the Spanish Urban Lease Act (Ley de Arrendamientos Urbanos – LAU), this agreement shall be governed primarily by the will of the parties, and subsidiarily by Title III of the LAU and the Spanish Civil Code.
The parties expressly exclude the application of Articles 32, 33 and 34 of the LAU.
This agreement shall in all cases be subject to mandatory consumer protection legislation where applicable.
3. Check-in and Check-out
Check-in: from 4:00 PM on the arrival date. Early check-in may be possible subject to availability.
Check-out: no later than 10:00 AM on departure date. Late check-out may be granted subject to availability.
4. Damage Deposit
Certain properties require a damage deposit. The applicable amount will be specified prior to arrival.
The deposit must be paid prior to arrival by credit card authorization.
The deposit will be refunded within 5–7 days after check-out, subject to verification of the Property’s condition.
In the event of damages, missing items, excessive cleaning, or breach of contract, Island Homes Mallorca will notify the Licensee in writing and provide reasonable supporting documentation. The corresponding amount may then be charged to the credit card provided at booking.
Charges shall be limited to actual and duly justified costs.
If the total damages or losses exceed the amount of the damage deposit, the Owner reserves the right to claim from the Licensee the remaining outstanding amount.
5. Property Inspection
Any issues relating to cleaning, inventory, or damages must be reported in writing to hello@islandhomes.com within 24 hours of check-in. Failure to do so may result in the Licensee being deemed responsible.
6. Occupancy and Responsibility
Occupancy of the Property shall not exceed the maximum capacity permitted for the Property.
The Licensee must be at least the minimum required age and must personally occupy the Property for the entire duration of the stay.
Children remain under the full responsibility of the Licensee.
Any breach of occupancy limits or misrepresentation shall constitute grounds for immediate termination without refund.
7. Use of the Property
The Property shall not be used for:
Parties or events
Commercial activities
Any unlawful purpose
Any activity causing nuisance or disturbance
Violation may result in immediate termination without refund and liability for damages.
8. Nature of the Service – No Hotel Services
The Property is a privately owned holiday residence and not a hotel, aparthotel, or serviced accommodation.
Services are strictly limited to those expressly agreed in writing. No daily housekeeping, concierge, maintenance, or hospitality services shall be provided unless specifically agreed.
The Licensee acknowledges that standards applicable to hotels or regulated hospitality establishments do not apply to this private holiday rental.
9. Pets
Pets are only permitted with prior written approval. Unauthorized pets may result in immediate termination without refund.
10. Smoking
Smoking is strictly prohibited inside the Property.
11. Personal Property
Island Homes Mallorca and the Owner shall not be liable for loss or damage to personal belongings, except where caused by gross negligence or willful misconduct.
12. Payment Terms and Cancellations
A payment of 30% of the total rental amount is due at booking. The balance is due 4–8 weeks prior to arrival.
Cancellation Policy
More than 30 days before arrival: 30% cancellation fee.
30 days or less before arrival: 100% cancellation fee.
No-shows: 100%.
Deposits paid are retained as cancellation costs.
No refunds are granted for early departure or adverse weather.
Cancellation conditions may vary depending on the property and shall form part of the contractual terms of the reservation.
Modifications are subject to availability and may incur additional costs.
The Licensee authorizes Island Homes Mallorca to charge any outstanding balance due under this agreement.
13. Compliance with Local Regulations
The Licensee agrees to comply with all applicable Spanish and Balearic regulations, including guest registration obligations pursuant to Royal Decree 933/2021 and any tourism regulations applicable to the Property.
14. Limitation of Liability and Proportionate Remedy
Island Homes Mallorca and/or the Owner shall not be liable for circumstances beyond their reasonable control, including but not limited to temporary mechanical failures, appliance breakdowns, utility interruptions, internet disruption, or adverse weather conditions.
If any issue arises during the stay, Island Homes Mallorca will make reasonable efforts to resolve it promptly.
In the event of a material defect affecting the stay, the Licensee must notify Island Homes Mallorca immediately in order to allow a reasonable opportunity to remedy the issue.
Any compensation, where applicable, shall be proportionate to the duration, severity, and actual impact of the defect on the use of the Property.
Failure to provide timely notice may limit the Licensee’s right to claim compensation.
If the Property becomes materially uninhabitable and the issue cannot be remedied within a reasonable time, the parties shall seek a fair and proportionate solution.
15. Force Majeure
Neither party shall be liable for failure to perform due to events beyond reasonable control, including but not limited to natural disasters, government restrictions, travel bans, war, pandemics, or other force majeure events.
16. Indemnification
The Licensee agrees to indemnify and hold harmless the Owner and Island Homes Mallorca against claims arising from misuse of the Property, except in cases of gross negligence or willful misconduct attributable to the Owner or Island Homes Mallorca.
17. Limitation of Financial Liability
To the maximum extent permitted by applicable law, the total aggregate liability of Island Homes Mallorca and/or the Owner arising out of or in connection with this Agreement shall not exceed the total rental amount effectively paid by the Licensee.
Nothing in this clause shall limit liability in cases of gross negligence, willful misconduct, or any liability which cannot legally be excluded under applicable law.
18. Relationship with Owner
Island Homes Mallorca acts solely as agent for the Owner. All rentals are subject to Owner confirmation.
Island Homes Mallorca shall not be liable for decisions exclusively attributable to the Owner.
19. Anti-Circumvention / Purchase Clause
In the event the Licensee purchases the Property within 24 months following the stay, whether directly or indirectly, the Licensee acknowledges Island Homes Mallorca’s entitlement to the applicable brokerage commission under separate agreement.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes prior communications.
Amendments must be in writing and signed.
21. Waiver
Failure to enforce any provision shall not constitute waiver of future enforcement.
22. Headings
Headings are for convenience only and shall not affect interpretation.
23. Mandatory Mediation Prior to Litigation
Before initiating any judicial proceedings, the parties agree to attempt in good faith to resolve any dispute arising out of or in connection with this Agreement through mediation.
The mediation shall be conducted in Spain, in English or Spanish, through a mutually agreed mediator or mediation institution.
This provision shall not prevent either party from initiating court proceedings where mediation has failed or where urgent interim measures are required.
24. Jurisdiction and Governing Law
This agreement shall be governed by Spanish law.
Any dispute shall be submitted to the Courts and Tribunals of Palma de Mallorca, without prejudice to mandatory consumer protection rights that may grant jurisdiction to the courts of the consumer’s place of residence under applicable law.
