FULL TERMS AND CONDITIONS
The following Booking Conditions together with all information contained on this website and associated documentation form the basis of your contract with Morgan and Morgan Mallorca Limited (“we”, “us” and “our”) for all property across all destinations bookings in Mallorca. Please read them carefully as they set out our respective rights and obligations. Save where otherwise stated, all property are subject to these Booking Conditions. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “Holiday” and “arrangements” means your property booking, which you book through us and “departure”, means the date your arrangements commence.
We are registered at the office of the accountant and with Companies House at 24 Hermitage Road, Higham, ME3 7RB with company registration: 08525926 and VAT number GB 174841488.
We use the ground handling services of Morgan Morgan Mallorca SL, NIF B16628042 with their registered office in Carrer de la Reina Maria Cristina, 9, 07460 Pollença, Illes Balears.
1. Making your booking
You can initiate a booking by telephoning us direct, sending an enquiry online on/via our website, by email or via your travel agent. We will then register your options on our booking system and send you an e-mail with login details for your Secure Client Area. You will have the chance to confirm your option(s) on your personal page by making the appropriate payment (see clause 2 below) by credit or debit card using our secure payment server or register your intention to pay by bank transfer.
You can also initiate a booking by using our online booking facility. Online bookings are confirmed immediately during the booking process by credit or debit card using our secure payment server and you will receive an automatic confirmation by email. Please note that any changes or cancellations to online bookings will be subject to these Booking Conditions (please see in particular clauses 6 and 7). For online bookings, it is your responsibility to ensure that you have carefully read the villa and local area description and that you have selected the most appropriate villa for your requirements. If you, or any of your group, have any specific requirements or requests you must contact us before confirming your booking.
For all bookings, the party leader must be at least 18 years of age at the time of booking and must be authorised to make the booking on the basis of these Booking Conditions by all persons in the party. The party leader is responsible for making all payments due to us. All communications will be sent to the party leader.
Once we have received your go ahead and all appropriate payments (see clause 2 below), we will confirm your holiday by issuing a confirmation invoice. This will be sent to the e-mail address registered on your Secure Client Area. Please check this confirmation carefully as soon as you receive it. Contact us immediately if any information which appears on this or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within ten days of our sending it out.
Prior to departure, it is essential that you provide us with the details of all persons in your party. This can either be done in your Secure Client Area or by email to your Morgan and Morgan Specialist.
The use of the property, its grounds and amenities are strictly reserved for those people named on the villa booking. Inviting other people (friends or external suppliers) into the villa during your stay, even if they are not sleeping at the villa, is only possible with the prior written consent of us.
2. The cost of your holiday
Prices on our website are quoted in Sterling. You may confirm your booking in Euros, Sterling or US Dollars. The price you pay will be the price we agree with you when you book and subsequently confirm on your Secure Client Area and your confirmation invoice. This price will be calculated using the exchange rate indicated on our website at that time and will be set when the booking is confirmed. All payments (deposit and balance) must be paid in the same currency as that confirmed at the time of booking.
The maximum occupancy of all of our villas (which includes adults and children) is clearly stated on the webpage for each property. Several of our villas have prices for reduced occupancy depending on the time that you wish to travel. The price that you pay will be calculated based on your group size and travel dates at the time of confirmation. The maximum possible size of your group and the numbers of bedrooms at your disposal will be clearly stated on your confirmation invoice and in your Secure Client Area. Should you wish to increase the size of your party and/or add additional bedrooms please contact your Morgan and Morgan Villa Specialist. If the villa can accommodate more people and/or has additional bedrooms then it may be possible to add these upon payment of a supplement where applicable. Please refer to clause 6 for further information. We reserve the right to increase or decrease prices at any time before confirmation of your booking.
Once the price of your chosen property (based on your group composition) and any other services has been confirmed at the time of booking, it is guaranteed and will not be increased (unless an obvious mistake was made by us at the time of booking which we correct as soon as we become aware of it – in this very unusual situation, you will be given the choice of cancelling the booking and receiving a full refund of all money you have paid or paying the correct price). If you would like to add people to your booking, this would count as a change to your booking; in this case, please refer to clause 6.
In order to confirm your chosen property(ies) as appropriate, a deposit must be paid at the time of booking. For villa bookings, we require a deposit of 25% of the total cost of the booking (or full payment if booking within eight weeks of departure).
We accept the following methods of payment: bank transfer for which you will liable for any charges incurred. We also accept payments through PAYPAL where you have the opportunity to use Credit Cards – Visa, Mastercard and American Express and Debit Cards – Maestro, MasterCard Debit, Visa Electron, Visa Debit. There is no additional charge levied using PAYPAL of 1.4%. for Credit and Debit cards.
The balance of the cost of your booking must be received by us not less than nine weeks prior to departure. This date will be shown on the confirmation invoice and in your Secure Client Area on our website and a reminder will be sent to your registered email address. If we do not receive all payments due in full and on time, we reserve the right to treat your booking as cancelled by you. In this case, the cancellation charges set out in clause 7 below will be payable. The currency of the invoice and the full fixed price of the booking in your chosen currency is set when the booking is confirmed. The deposit and balance payments must both be paid in the same currency.
4. Your contract
A binding contract between you and us comes into existence as soon as any payment is received.
We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
We recommend that you and all members of your party take out adequate travel insurance prior to booking with us. What is adequate will depend on your particular needs but we generally recommend that as a minimum such a policy should include cover for medical expenses, personal accident, repatriation in the event emergency, illness or accident, loss, theft, or damage to/of personal possessions or money, cancellation (including any cancellation charges), and your liability for any sums (including legal costs) which you may become liable to pay in case of loss or damage to your booked property or its contents during your stay.
Please read your policy details carefully and take them with you on holiday. We do not check insurance policies and it is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.
6. Changes by you
Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £25 per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. If you wish to increase your party size above the maximum occupancy of your booking, this will only be possible if the property you have chosen can accommodate the additional person(s). Where this is possible, a supplement will be due. This will either be in addition to the rental cost for the full property as agreed with the owner or payment to increase your occupancy of the property where the original booking was based on a reduced occupancy rate. Changes in party size made eight weeks or less before departure which result in a decrease in the overall cost of the booking will be treated as a cancellation and our cancellation charges will apply (see clause 7) on the difference in cost.
If you wish to transfer your booking to someone else, the transfer must be to a person or persons who agree to our Booking Conditions and who meet any requirements of the property in question. If in our reasonable opinion, the property is not suitable for the person or persons to whom you wish to transfer the booking, we reserve the right to refuse to make the transfer. If these transfer conditions are not met, your booking will be treated as cancelled by you and you will have to pay our cancellation charges as shown in clause 7. If you want to change the date of your booking, this will be treated as a cancellation of your original booking and a new booking will be created where the change can be made. Cancellation charges will apply to the first booking.
7. Cancellation by you
Should you need to cancel your booking after confirmation, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is acknowledged in writing by us at our offices (which we will do as soon as possible). Cancellations can only take effect during business hours and must be notified by special delivery or email. The following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total invoice cost excluding any amendment/cancellation charges which have already been incurred.
1) For all villa bookings taken where the deposit is taken to confirm the booking was 25%:
|Period before departure within which written notification of cancellation is acknowledged by us||Cancellation charge (% of total invoice)|
|More than 64 days||25%|
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned and we can supply a cancellation invoice upon request.
8. Changes and cancellation by us
Occasionally, we have to make changes to and correct errors in the brochure and on the website both before and after bookings have been confirmed. Rarely, we may also need to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”.
The following changes are likely to be significant; a change of property to one of a lower standard or involving a major change of location (e.g. the other side of the island/region), the withdrawal or non-availability of a major facility at the property such as the swimming pool. Any change which is not significant will be treated as a minor change.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(a) (for significant changes) accepting the changed arrangements or
(b) booking an alternative property of a similar standard to that originally booked if available (subject to the rest of this clause, if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel 8 weeks or less before departure, we will, where compensation is appropriate, pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where any change is a minor one.
|Period before departure a significant change or cancellation is notified to you||Compensation per person (excluding infants)|
|More than 63 days||nil|
No compensation is payable for minor changes or where we make a significant change or cancel more than 9 weeks before departure.
Very rarely, we may be forced by “force majeure” (see below) to change or terminate your contracted arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
9. Force Majeure
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, volcanic eruptions, fire, flood, epidemic, closure, restriction or congestion of airports or airspace and all similar events or circumstances outside our control or the control of the supplier concerned.
10. Our Liability
(1) We promise to use reasonable skill and care in making your booking and selecting the properties, property owners and any other suppliers we work with. We have no responsibility for the properties themselves or for any services provided by or on behalf of property owners or other suppliers or for the acts or omissions of any property owner or other supplier or any of their employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that reasonable skill and care has not been used by us in our selection of the relevant property(ies), property owner(s) or other suppliers if you wish to make a claim against us.
Please also note; subclauses 10(2)-(6) below are subject to subclause 10(1) above.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which does not result from failure on our part to use reasonable skill and care in selecting the properties, property owners and any other suppliers we work with as referred to above. By way of example and not by way of limitation, we will not be responsible for any claim which results from any of the following:
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of the contracted services which we could not have predicted or avoided or
(c) force majeure (see clause 8)
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
(3) We cannot accept responsibility for any services which we have not specifically contracted to provide. This includes, for example, any services or facilities which any property owner or other supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your arrangements and we have not agreed to arrange them as part of our contract. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out in clause 10(1) and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claim or parts of a claim which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim under clause 10(5), the maximum amount we will have to pay you for any such non personal injury claim if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from the contracted services.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £50 per person affected as you are assumed to have taken out adequate insurance at the time of booking.
(5) We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) did not result from any breach of contract or other faults by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any claims, expenses or losses which relate to any business (including without limitation, self-employed loss of earnings).
11. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative (if available) and the property owner or manager/supplier of the service(s) in question. Any verbal notification must be put in writing and sent by SMS or email to our representative and the property owner or manager/supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. It is not reasonable to take no action during your holiday but write a letter of complaint on your return. If you remain dissatisfied after alerting us to any problem during your stay, however, you must write to us within 28 days of your return home giving your booking reference and full details of your complaint. We regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow the above-mentioned procedure, we will have been deprived of the opportunity to investigate and resolve any complaint while you are on holiday, and this will affect the way in which we deal with the complaint and it may affect your rights under your contract.
12. Behaviour and Damages
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the property owner or manager or other suppliers. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. Where damage is not identified until after your departure, we reserve the right to subsequently request full payment for this. If you fail to make payment when required, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs). For payments made by credit card, there will be a 5% administration fee to cover administration costs.
We expect all clients to have consideration for other people and to behave in a manner which is polite and respectful. If in our reasonable opinion or in the reasonable opinion of any other person in authority (for example a property owner or manager, or a member of Morgan and Morgan staff), you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. This includes threatening and inappropriate behaviour, whether verbal or physical, the use of offensive language, and any action which we believe pose a risk to our staff, property owners/managers, other guests, or anyone connected with your holiday. In this situation, the person(s) concerned will be required to leave the property and cease use of any other service. We will have no further responsibility towards such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
We and the owner/manager of the property concerned reserve the right to terminate your stay without notice if we or the owner/manager discover that the number of persons (adults and children) staying at the property exceeds the number stated on your confirmation invoice and you have not obtained our prior written permission for this and paid any extra associated costs. In this situation, no refunds will be made and we will have no further responsibility to you.
Commercial and/or editorial filming/photography is not permitted at our villas unless prior written permission has been granted. In certain cases, specific conditions may apply.
Whilst all of our properties are insured, it is your responsibility to ensure that the property is adequately secured at all times. This could include any time that you leave the property, spend time in the garden or pool area and when retiring for the night. Securing the property may include, as relevant: locking doors; closing and securing windows and shutters; securing valuables in a safe and setting security systems. Failure to follow these steps would result in the invalidation of your personal liability insurance (as mentioned above in clause 5.) and any loss of your or the property’s items would be your responsibility.
13. Safety standards
We operate in accordance with our company Health and Safety Policy which includes villa audits. However, please note, it is the laws and applicable standards of the country in which the property is located which apply to your holiday arrangements and not those of any other country. As a general rule, these laws and standards will not be the same as those of your home country and may sometimes be lower. For more information please refer to the Health and Safety page of our website.
14. Health and Safety
Swimming Pools and Jacuzzis
Swimming pools and Jacuzzis by their very nature carry their own inherent risks. You must ensure that you and all members of your party take great care when using or being near any swimming pool(s) at the property where you are staying. You should for example make sure you and all members of your party are aware of the depth(s) (including the location of any change of depth) and layout of the pool (including infinity edges) by physically checking it prior to use. Please note, depth markings are not always accurate. All persons should walk rather than run around or near the pool and read the pool notices and our health and safety recommendations in the House Guide and on our website. You must ensure that no-one dives into the pool at any time or enters it while under the influence of alcohol. You must check the pool every day before use and report any apparent defects. Many pools are not fenced. If you require a fenced pool, you must inform us of that requirement before you make your booking to allow us to locate one for you. Whether fenced or not, children must be supervised at all times by a responsible adult. We and the property owner have no liability for any death or personal injury arising from use of or connected with the swimming pool except to the extent that such liability cannot be excluded by law. Please also see clause 10 of our Booking Conditions. We and the property owner have no liability for any death or personal injury which results from failure to comply with the above requirements.
Many of our properties are located in large, often unfenced, grounds and as such your party must take great care when exploring these. The grounds may contain drops and/or uneven grounds that carry their own inherent risks and therefore children would need to be supervised. Please refer to our general Health and Safety page for more information and also the House Guide which will contain information specific to the property you are staying in.
Many of our properties also have balconies and/or terraces many of which are accessed up steep, narrow or uneven staircases and may feature drops and other risks. These may not be suitable for people with limited mobility. Please take extra care when using these and ensure that children are never left unsupervised and must not be allowed to climb on any railings or walls. We and the property owner have no liability for any death or personal injury arising from the use of or connected with the terrace(s) except to the extent that such liability cannot be excluded by law. Please also see clause 10 of our Booking Conditions. We and the property owner have no liability for any death or personal injury which results from failure to comply with the above requirements.
15. Special requests, medical conditions, disabilities and reduced mobility
If you have any special request, you must advise us at the time of booking and clearly note it on your Secure Client Area on our website. Although we will endeavour to pass any reasonable requests on to the relevant property owner or manager/other suppliers, we regret we cannot guarantee any request unless it has been specifically confirmed in writing. Failure to meet any special request will not otherwise be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the property owner/manager/other supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you, or any of your party, have any medical condition, disability or reduced mobility which may affect any aspect of your holiday arrangements (or the booking process), you must inform us before you confirm your booking so that we can advise you as to the suitability of your chosen property and otherwise assist with the booking process. In any event, you must give us full details in writing at the time of booking or, if the condition, disability or reduced mobility only develops or deteriorates after you have booked, as soon as you become aware of it.
We are not medical experts. Should you require medical attention during your holiday, local medical services can be contacted for emergency treatment. The acceptance and cost of such treatment are your sole responsibility. Please be aware that medical practitioners may only be conversant in their mother tongue. Our local staff will be on hand to offer assistance and translation if required, but we are not liable for any aspect of medical treatment provided to you while on holiday.
16. Wildlife and the surrounding area
Neither we nor the property owner can be held responsible for the presence of any animals or insects at the villa you choose.
Please note that the majority of our villas are located in rural areas, where wildlife such as animals and insects are as natural a part of the landscape as the grass and the trees. It would not be particularly unusual to encounter animals, such as rodents, deer, goats or cats (stray or belonging to nearby locals), or insects such as wasps, bees, mosquitoes, flies, ants, scorpions or spiders. Insects and animals can be attracted to swimming pools, nearby streams or ponds, local vegetation and to food left out following an al fresco meal. We would urge you to keep doors and windows closed as far as practicably possible and to clear all remains of food following all (outdoor and indoor) meals. Please do not purposefully feed any local animals – it will encourage them to return and they may not be so welcome to the next guests.
If you suffer from allergies triggered by animals, please let us know before booking – whilst we cannot guarantee animals will not be or have not been present, we can recommend villas where the possibility is lessened (for example where we know owners have not kept animals). We regret that none of our villa owners will accept pets unless by special arrangement.
Neither we nor the property owner can be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner’s control.
We ask that you are respectful of the local situation including any neighbours and do not make undue noise or cause disruptions which might disturb other people or wildlife during your stay.
17. Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation.
18. Brochure and website accuracy
Please note, the information and prices shown in our brochure/on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of this information and prices at the time of printing or publication, regrettably, errors do occasionally occur. You must, therefore, ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
For online bookings, it is your responsibility to ensure that you have carefully read the villa and local area description and that you have selected the most appropriate villa for your requirements.
Please note, the photographs in our brochure/on our website are intended to give a general overall impression of the standard of the properties we feature. Some aspects of the property may have changed by the time you come to make your booking, for example, items of furniture may have been removed by the owner or the layout of gardens may have been changed. We cannot accept any liability if this situation should arise.
The brochure and website are our sole responsibility. They are not issued on behalf of and do not commit any independent organisation/carriers whose services are featured in them.
Some of the photos on our website and in our brochure show beaches that are near to or accessible from our villas. Beaches are subject to significant climatic and natural events, including erosion and storms, which may be strong enough to completely wash away the sand from a beach, replacing it with pebbles or rocks or covering it with seaweed. We cannot, therefore, guarantee that the beaches represented on our website and in our brochure will be the same as when they were photographed. We will, where possible, inform you of any significant changes but we cannot be held in any way responsible for such phenomena.
19. Conditions of suppliers
Property owners and other suppliers may have their own terms and conditions. Where this is the case, these may limit or exclude the property owners/supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the property owner/supplier concerned.
20. Local Tourism Tax
The Balearic tourist tax (Ecotasa Ley 2/2016, 30th march) is charged by the local authorities and is charged as a separate cost on arrival. €2,- a person a day + 10% IVA. A 50% discount applies after the 9th day of your stay. Children under 16 years are free.