GENERAL TERMS AND CONDITIONS

Els Majordoms, S.L.

Website: www.elsmajordoms.com

Email: recepcio@elsmajordoms.com

Tax ID (CIF): B44999373

Effective Date: January 1, 2025

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INTRODUCTION

These General Terms and Conditions ("Terms") govern all bookings and stays at vacation rental properties managed by Els Majordoms, S.L. ("Els Majordoms", "we", "us", or "our").

By making a booking, whether directly through our website, by phone, or through a third-party platform, you ("Guest", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms apply to all guests, including the primary booking holder and all persons staying at or visiting the accommodation during the rental period.

DEFINITIONS

For the purposes of these Terms:

• "Accommodation" means any vacation rental property managed by Els Majordoms and booked by the Guest
• "Property Owner" means the legal owner of the Accommodation
• "Booking" means a confirmed reservation for an Accommodation
• "Guest" means the person who makes the booking and all persons staying at or visiting the Accommodation during the rental period
• "Check-in" means the start time of the rental period
• "Check-out" means the end time of the rental period
• "Security Deposit" means the refundable deposit held to cover potential damages or additional charges
• "Third-party Platform" means online booking platforms such as Airbnb, Booking.com, VRBO, and similar services

ELS MAJORDOMS ROLE AND RESPONSIBILITY

Property management services

Els Majordoms acts as a professional property manager and intermediary on behalf of the property owner. The rental agreement is between the guest and the property owner, not between the guest and Els Majordoms.

Our responsibilities

Els Majordoms manages:

• Guest communication and support during the stay
• Coordination of maintenance and repairs
• Documentation of incidents and damages
• Processing of complaints and compensation requests
• Security deposit administration

Owner authorization

Final decisions regarding compensation amounts and security deposit deductions require property owner approval. Els Majordoms:

• Assesses incidents and damages according to our standard procedures
• Provides recommendations to the property owner
• Communicates decisions on behalf of the property owner
• Processes approved refunds and deductions

Limitation of liability

Els Majordoms is not financially liable for:

• Service failures or property defects beyond our control
• Compensation amounts or refunds (paid by the property owner)
• Property owner decisions regarding claims or damages

Els Majordoms acts solely as intermediary and coordinator. All compensation and damage claims are ultimately resolved between the guest and the property owner, with Els Majordoms facilitating the process.

PAYMENT TERMS AND BOOKING CONFIRMATION

Payment schedule

All bookings require payment according to the schedule provided at the time of booking. Payment schedules typically include:

• An initial payment or deposit due within a specified timeframe after booking confirmation
• A final payment due prior to check-in
• Security deposit due prior to check-in

Payment deadline

The guest must complete the initial payment within 3 calendar days of receiving the payment request or booking confirmation. If payment is not received within this timeframe, Els Majordoms and/or the property owner reserve the right to cancel the booking without prior notice and without any liability.

Cancellation for non-payment

If a booking is cancelled due to non-payment:

• The guest will receive written notification of the cancellation
• The accommodation will be released for other bookings
• The guest forfeits any right to the reserved dates
• Any amounts already paid may be subject to cancellation fees as per the applicable cancellation policy

Late payments

For subsequent payments (e.g., final payment, security deposit), failure to pay by the specified deadline may result in:

• Booking cancellation without refund
• Denial of access to the property on the day of arrival
• Forfeiture of all amounts previously paid

Payment methods

Accepted payment methods will be specified in the booking confirmation. The guest is responsible for any fees charged by their payment provider or bank.

COMPLAINTS AND INCIDENT RESOLUTION

Immediate notification requirement

The guest is required to report any incident, deficiency, or problem with the accommodation immediately and, in any case, within 4 hours of detection. Communication must be made through the official channels provided by Els Majordoms (WhatsApp, phone, or email).

Resolution commitment

Els Majordoms commits to addressing and resolving reported incidents as quickly as possible. Our team is available to provide support throughout your stay.

Conditions for valid complaints

Only complaints that meet the following conditions will be considered valid:

• The incident was reported during the stay within the 4-hour timeframe
• Els Majordoms was informed and given the opportunity to attempt to resolve the issue
• The incident could not be adequately resolved despite our efforts

Amenities and services covered

Compensation is only applicable for amenities, features, and services that are:

• Explicitly listed in the property description on the booking platform or website
• Confirmed in writing in pre-arrival communications or the booking confirmation
• Advertised as included in the rental price

Features, amenities, or services that are present at the property but not advertised or confirmed in writing are provided on an "as-is" basis with no guarantee of availability or functionality. No compensation will be provided for issues related to unadvertised features.

Examples:

• If a fireplace is present but not listed in the property amenities, no refund applies if it is non-functional
• If a property has a hot tub but it is not advertised, no compensation applies if it is unavailable
• If additional rooms or spaces are not included in the advertised capacity, they are not covered

Guests should review the property listing carefully before booking to ensure all desired amenities are explicitly included.

Post-stay complaints

Complaints submitted after the end of the stay will not be accepted if the incident was not communicated during the accommodation period, except in duly justified exceptional cases.

Compensation requests

Any request for compensation or refund must be submitted in writing within 7 calendar days after the end of the stay. Compensation, if applicable, will be calculated proportionally based on:

• The severity of the incident
• The duration of the problem
• The actual impact on the use of the accommodation
• Els Majordoms' ability to resolve it

COMPENSATION CALCULATION METHOD

When a valid claim for compensation is accepted, the refund will be calculated using the following principles:

Proportional calculation

Compensation is calculated proportionally based on:

• Duration: The actual time the problem persisted (measured in hours)
• Severity: The impact on fundamental systems or major features of the accommodation
• Scope: Whether the issue affected the entire property or only specific areas

Refund percentages

If a fundamental system (such as water, power, or heating) fails, or if a major feature (such as the swimming pool or outdoor area) is unavailable, refunds will be provided as follows:

• 15% refund: For a failure lasting 4 hours or more
• 30% refund: For a failure lasting 12 hours or more
• Maximum refund: Capped at 50% of the total booking cost

The refund percentage applies to the affected portion of the stay, calculated hourly.

Conditions for refund eligibility

To be eligible for compensation, the following conditions must be met:

• The issue was reported immediately (within 4 hours of occurrence)
• Els Majordoms was contacted and given the opportunity to resolve the issue
• The issue was not caused by guest actions or negligence
• The issue was not caused by external factors beyond our control (e.g., power company outages, storms, natural disasters)
• Els Majordoms was unable to provide an adequate temporary solution or alternative

Alternative compensation

In some cases, instead of a monetary refund, Els Majordoms may offer:

• Vouchers for future stays
• Complimentary services (such as late check-out or additional cleaning)
• On-site amenities or upgrades

Final determination

All compensation decisions will be communicated in writing with a clear breakdown of the calculation. Els Majordoms reserves the right to assess each case individually based on the specific circumstances.

SECURITY DEPOSIT AND LIABILITY FOR DAMAGES

Initial inspection

At check-in or immediately after arrival, the guest must review the condition of the accommodation. Any pre-existing damage not documented must be reported to Els Majordoms within the first 4 hours of the stay.

Guest liability

The guest is liable for:

• Proper use of the accommodation and all its facilities
• Damage caused to the accommodation, its equipment, furniture, and facilities during the stay
• Damage caused by improper use, negligence, or accidents
• Damage caused by their companions, visitors, or pets (if authorized)

Damage procedure

1. Detection: Els Majordoms will conduct an inspection of the accommodation immediately after check-out. Damage discovered after the initial inspection must be reported within 14 calendar days of check-out
2. Notification: The guest will be informed of any damage detected and its repair or replacement cost within 14 calendar days after check-out
3. Documentation: Photographic evidence and quotes or invoices of costs will be provided
4. Deduction: The corresponding amount will be deducted from the deposited security deposit
5. Additional amount: If the cost of damages exceeds the security deposit amount, the guest must pay the difference within 7 days

Security deposit refund

The security deposit will be refunded in full within a maximum of 7 business days after check-out if:

• No damage attributable to the guest has been detected
• The accommodation is returned in the same condition as it was delivered
• There are no outstanding debts for additional services

Valuation of damages

Damage compensation will be calculated based on:

• Actual Cash Value: The cost to repair or replace the damaged item with materials of the same kind and quality, minus appropriate deduction for age, condition, and physical depreciation
• Depreciation: Applied based on the item's age, condition, and expected useful life
• No betterment: Compensation does not cover improvements or upgrades beyond the item's original condition at the time of damage

The guest will only be charged for the depreciated value of damaged items, not the full replacement cost of new items.

Recovery rights (subrogation)

Upon payment of any damage claim by the guest, the property owner and Els Majordoms reserve the right to pursue recovery of such amounts from any responsible party, including but not limited to the guest, their companions, or visitors. By accepting these terms, the guest acknowledges and agrees that:

• The property owner retains all rights to recover damage costs from the responsible party
• The guest will cooperate fully with any recovery efforts, including providing statements, evidence, or testimony if required
• These rights of recovery remain in effect even after the security deposit has been processed

Normal wear and tear

Normal wear and tear resulting from ordinary and reasonable use of the accommodation and its facilities will not be considered compensable damage.

CANCELLATION POLICY

Free cancellation period

Bookings made directly with Els Majordoms or through our website may be cancelled free of charge up to 30 days before the scheduled arrival date.

Cancellation penalties

Cancellations within 30 days of arrival are subject to the following penalties:

• 30 or more days before arrival: 0% penalty (free cancellation)
• Between 29 and 14 days before arrival: 30% of the total rental amount
• 14 days or less before arrival: 100% of the total rental amount
• No-show without notice: 100% of the total rental amount

Third-party bookings

For bookings made through third-party platforms (Airbnb, Booking.com, VRBO, etc.), the cancellation policy of that platform applies. The guest should review the specific cancellation terms on the booking platform.

Refund processing

• Direct bookings: Refunds will be processed within 5 business days to the original payment method
• Third-party bookings: The platform will handle refunds according to their refund policy

Modification policy

• Extending the stay: Additional payment required for extra nights at the applicable rate
• Shortening the stay: Cancellation policy applies to cancelled nights
• Moving the reservation: Treated as a cancellation and new booking. The original booking will be cancelled according to the cancellation policy above, and a new booking will be created for the new dates at the applicable rate and subject to availability
• Modification deadline: Modifications can be requested up to 5 days before arrival, subject to availability

Special circumstances

No exceptions are made for medical emergencies or personal circumstances. We strongly recommend purchasing travel or cancellation insurance. Free cancellation is only available if official government restrictions prevent the stay.

Cancellation insurance

We recommend all guests purchase travel or cancellation insurance to provide additional peace of mind and coverage for unforeseen circumstances.

HOUSE RULES AND GUEST CONDUCT

Core house rules

All guests must comply with the following rules:

Parties and events

• Parties, celebrations, and events are strictly prohibited unless explicitly agreed in writing before arrival
• Weddings, photo shoots, or any professional/commercial use require prior written approval
• Additional conditions and fees may apply for approved events

Visitors and guests

• Outside visitors are not allowed without prior approval from Els Majordoms
• All guests staying overnight must be registered before arrival
• The number of guests cannot exceed the maximum occupancy stated in the listing
• Unregistered guests found on the premises may result in immediate termination of the stay

Quiet hours

• Guests must respect quiet hours from 23:00 (11:00 PM) onwards
• After 11:00 PM, outdoor areas (garden, pool, terrace, BBQ) must remain quiet
• Disturbing neighbors or exceeding noise levels may result in penalties, security deposit deductions, or early termination

Smoking policy

• Smoking is strictly prohibited inside the accommodation
• Smoking is only permitted in designated outdoor areas
• Violation will result in additional cleaning charges and deposit deductions

Pet policy

• Pets are only allowed in properties where explicitly stated in the listing
• Prior written approval is required before bringing any pet
• Only dogs are permitted (cats and other animals are not allowed)
• An additional pet fee applies and must be paid before arrival
• Bringing an unauthorized pet may result in denied access, immediate termination, or deposit deduction

Property care

• Guests must leave the property in the same condition as found
• Basic cleaning duties include: taking out trash, washing dishes, cleaning BBQ and fireplace if used, returning furniture to original positions
• Failure to complete basic cleaning will result in additional charges of €25 per hour for extra cleaning and management time

Prohibited activities

• Illegal activities of any kind are strictly prohibited
• Violation will result in immediate termination without refund and may be reported to authorities

Consequences of violations

Violation of house rules may result in:

• Immediate termination of stay without refund
• Security deposit deductions
• Additional charges for damages, cleaning, or disturbances
• Legal action if necessary

CHECK-IN AND CHECK-OUT

Standard times

• Check-in: From 16:00 (4:00 PM) onwards
• Check-out: By 11:00 (11:00 AM)

Early check-in and late check-out

• Early check-in or late check-out may be available upon request and subject to availability
• Additional fees may apply
• Requests must be made in advance
• Late check-out without prior approval may result in additional charges of one night's rental or a proportional fee

Check-in procedure

• Guests will receive check-in instructions and access codes prior to arrival
• All guests must complete online check-in and provide required identification documents before arrival
• Failure to complete check-in requirements may delay or prevent access to the property

Key and access

• Access codes or keys must be kept secure and not shared with unauthorized persons
• Lost keys or access devices may incur replacement charges

MAXIMUM OCCUPANCY AND GUEST REGISTRATION

Occupancy limits

• The maximum number of guests allowed is specified in the property listing
• This limit cannot be exceeded under any circumstances
• Maximum occupancy includes all persons aged 2 years and older
• Babies under 2 years of age are not counted toward the maximum occupancy but must still be registered

Guest registration requirement

• All guests staying overnight must be registered before arrival
• Guest information must be provided through the online check-in process
• This is a legal requirement for tourist tax and police registration purposes
• Failure to register all guests is a violation of these terms and local law

Day visitors

• Day visitors (not staying overnight) require prior approval from Els Majordoms
• The total number of people on the premises (guests + visitors) may not exceed safe capacity

Consequences of exceeding occupancy

• Unregistered or excess guests found on the premises may result in immediate termination of the stay without refund
• Security deposit deductions may apply
• Additional charges may be levied

SURVEILLANCE AND MONITORING

Property monitoring systems

Some properties may be equipped with the following monitoring systems:

Video surveillance

• Visible security cameras may be installed in exterior or shared areas only
• No cameras are installed in private spaces such as bedrooms, bathrooms, or interior living areas
• Camera locations are clearly disclosed in the property listing and house guide

Noise monitoring

• Some properties use noise monitoring sensors that measure decibel levels
• These devices do not record conversations or audio content
• They are used solely to enforce quiet hours and prevent disturbances

Occupancy monitoring

• Some properties may use sensors to estimate the number of people present
• This is used to ensure compliance with maximum occupancy rules

Environmental sensors

• Smoke detectors and safety sensors are installed for fire prevention and safety
• Some properties have smart thermostats that collect temperature and humidity data for climate control

Disclosure and consent

• The presence of any monitoring systems is clearly stated in the property listing and house guide
• By completing the booking, the guest acknowledges and accepts the presence of such systems
• The property owner is the data controller responsible for any surveillance data
• Els Majordoms does not operate, control, or have access to video footage

Data protection

All monitoring and surveillance complies with GDPR and local privacy laws. For full details, see our Privacy Policy.

LIMITATION OF LIABILITY AND USE OF FACILITIES

Guest responsibility

Guests use all property facilities, amenities, and outdoor areas entirely at their own risk. This includes but is not limited to:

• Swimming pools and hot tubs
• Outdoor equipment (BBQ, playground equipment, bicycles, etc.)
• Stairs, balconies, and terraces
• Kitchen appliances and equipment
• Heating and cooling systems

Liability waiver

To the maximum extent permitted by law:

• Els Majordoms and the property owner are not liable for accidents, injuries, illness, or death occurring on the property unless caused by proven negligence
• Els Majordoms and the property owner are not liable for loss, theft, or damage to guest personal belongings
• Els Majordoms is not liable for service interruptions beyond our control (power outages, water supply issues, internet disruptions, etc.)

Swimming pool safety

• Children must be supervised at all times near swimming pools
• Guests swim at their own risk
• Pool rules posted at the property must be followed

Insurance recommendation

Guests are strongly advised to obtain appropriate travel and personal liability insurance.

RIGHT OF ENTRY

Els Majordoms and/or the property owner reserve the right to enter the accommodation in the following circumstances:

Emergency situations

• To address urgent safety or security issues
• To prevent damage to the property
• In response to fire, flood, gas leak, or similar emergencies

Investigation of complaints

• To investigate serious noise complaints or disturbances
• When there is reasonable suspicion of house rule violations
• To verify compliance with maximum occupancy limits

Maintenance and repairs

• To conduct urgent repairs or maintenance
• To address issues reported by the guest

Notice

Reasonable advance notice will be provided whenever possible, except in genuine emergencies. Entry will be conducted respectfully and with minimal disruption to the guest's stay.

TERMINATION OF STAY

Grounds for early termination

Els Majordoms and/or the property owner reserve the right to immediately terminate the guest's stay without refund if:

• House rules are violated (parties, excessive noise, unauthorized guests, smoking indoors, etc.)
• The property is damaged or misused
• Maximum occupancy is exceeded or unregistered guests are present
• Illegal activities are conducted on the premises
• The guest engages in threatening, abusive, or dangerous behavior
• The guest provides false information during booking or check-in

Consequences of termination

• No refund of rental fees
• No refund of security deposit (or partial refund after deductions)
• Guest must vacate immediately
• Additional charges may apply for damages, cleaning, or other costs
• Els Majordoms may pursue legal action if necessary

Procedure

• The guest will be notified of the termination and reasons
• The guest will be given a reasonable time to vacate (typically 1-2 hours)
• If the guest refuses to leave, local authorities may be contacted

No liability

Els Majordoms and the property owner are not liable for any costs, expenses, or losses incurred by the guest as a result of early termination due to the guest's violation of these terms.

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GOVERNING LAW AND JURISDICTION

Applicable law

These Terms are governed by and construed in accordance with the laws of Spain, specifically the legislation applicable in Catalonia.

Jurisdiction

Any disputes arising from or related to these Terms, the booking, or the stay shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain, unless otherwise required by mandatory consumer protection laws.

EU consumer rights

For guests residing in the European Union, nothing in these Terms affects your statutory rights as a consumer under EU consumer protection legislation.

DISPUTE RESOLUTION

Amicable resolution

In the event of any dispute, claim, or disagreement arising from these Terms or your stay, we encourage you to contact us first to attempt to resolve the matter amicably.

Mediation

If the dispute cannot be resolved directly, both parties agree to attempt resolution through mediation before pursuing formal legal action.

Consumer dispute resolution

EU residents may also access the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the parties.

AMENDMENTS AND MODIFICATIONS

Right to amend

Els Majordoms reserves the right to modify, update, or amend these Terms at any time. Changes will be effective from the date specified in the updated Terms.

Notification of changes

For significant changes, we will provide reasonable notice through:

• Email notification to guests with upcoming bookings
• Notice on our website
• Notice in booking confirmation communications

Acceptance of amendments

Bookings made after the effective date of any amendments are subject to the updated Terms. For existing bookings made before the amendment date, the Terms in effect at the time of booking shall apply, unless the changes are required by law.

ENTIRE AGREEMENT

These Terms, together with:

• The booking confirmation
• The property listing and description
• The house guide and house rules
• Our Privacy Policy

constitute the entire agreement between you and Els Majordoms regarding your booking and stay, and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

In the event of any conflict between these Terms and the terms of a third-party booking platform, these Terms shall prevail to the maximum extent permitted by law, except where the platform's terms provide greater protection to the Guest.

DATA PROTECTION AND PRIVACY

Your personal data is processed in accordance with the EU General Data Protection Regulation (GDPR) and applicable Spanish data protection laws.

For full details on how we collect, use, store, and protect your personal data, please refer to our Privacy Policy available at www.elsmajordoms.com or by contacting recepcio@elsmajordoms.com.

By making a booking, you consent to the collection and processing of your personal data as described in our Privacy Policy.

CONTACT INFORMATION

For questions, concerns, or complaints regarding these Terms or your booking, please contact us:

Els Majordoms, S.L.

Email: recepcio@elsmajordoms.com

Website: www.elsmajordoms.com

Phone: +34 679 538 373

We aim to respond to all inquiries within 24 hours during business days.

ACCEPTANCE OF TERMS

By completing a booking, whether directly through our website, by phone, by email, or through a third-party platform, you acknowledge that you have:

• Read and understood these General Terms and Conditions in their entirety
• Agreed to be bound by all provisions contained herein
• Confirmed that all information provided in the booking is accurate and complete
• Understood that these Terms constitute a legally binding agreement

If you do not agree to these Terms, you must not complete a booking or stay at any Accommodation managed by Els Majordoms.

These General Terms and Conditions were last updated on January 1, 2025.

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