Private Villa Services

Terms & Conditions 2023

A.

Terms and Expressions used in these Terms & Conditions

“Villa Price” means Villa Accommodation in a 39 Degrees North Mallorca villa, or one of our partner villas, together with meals, drinks and other services referred to as part of the Villa Service as being included in the Villa Price.

“Villa Accommodation” means the entire villa, for a particular villa and for the period of stay specified. “Villa Service” means services provided by 39 Degrees North Mallorca, such as any meals, drinks and other services referred to as part of the villa service.

“Villa Party” means those named in the booking (or added to the booking subsequently), collectively or any member of the villa party individually as the context may require.

“Party Leader” means the person making the booking by paying the deposit or payment in full if less than 12 weeks before the commencement of the stay.

“Other Service” means any service, received by any member of the villa party whether or not provided by, or arranged by, us (including without limitation, insurance services, medical services, transport, excursions, sports equipment hire and sports lessons, childcare).

B.

The Agreement

The agreement is between the Party Leader and 39 Degrees North Mallorca. All Villa Accommodation and Villa Service is offered subject to availability. The contract is deemed to have been made once the Party Leader has paid a deposit and 39 Degrees North Mallorca has confirmed receipt of the deposit or full payment, if within 12 Weeks of commencement of their stay. The Party Leader must be over 18 years of age at the time of booking. The Party Leader is responsible for the total Villa Price and any additional charges that may be incurred and for making all payments due to 39 Degrees North Mallorca.

C.

Booking

The Party Leader who makes the booking is deemed to have agreed to these Terms and Conditions and will be responsible for all persons included in the booking and should ensure that they are all aware of these Terms & Conditions. 39 Degrees North Mallorca reserves the right to decline any booking or refuse services to any person who has not complied with these Terms & Conditions. If the deposit is not received by 39 Degrees North Mallorca within a five-day period of the request of payment, the booking will be deemed void, and we reserve the right to re-sell the entire Villa Accommodation and Villa Service. We reserve the right to decline to accept a booking at our absolute discretion and without giving any reason.

D.

Payment Terms

1. For bookings made more than 12 weeks before arrival, a deposit (part payment) of 50% of the total cost of the holiday, is required. The balance is due 12 weeks before the holiday commences.

2. For bookings made less than 12 weeks before arrival, the total amount is payable in full on booking.

Extra charges may be applicable if there are changes to the booking or if additional services are requested. Payment must be made in Euros via Bank Transfer. All prices and charges are inclusive of IVA (Tax). 39 Degrees North Mallorca cannot be held responsible for possible differences or transfer costs related to payments. 39 Degrees North Mallorca will at times use booking agents for certain properties and this will be indicated at the time of booking and the process to do so. The booking agent may offer different options for payments to be taken and there may be additional costs involved.

E.

Prices and Charges

Prices are for Villa Accommodation and Villa Service as defined in paragraph A above and do not include other services. All prices and charges are inclusive of IVA (Tax). Pricing is based on a combination of Villa Accommodation and Villa Service, any changes may mean an increase in the cost of the booking. The Party Leader will reimburse to 39 Degrees North Mallorca the costs of any services not included in the Villa Price and requested by the Party Leader and/or Villa Party, either on a set basis or depending on the actual costs incurred. Once the Villa Accommodation and Villa Service has been booked our price will not change, regardless of any changes in the value of the Euro. We do not impose currency surcharges. Gratuities are at the Villa Party’s discretion. Certain properties require a security deposit before the commencement of the holiday and this will be taken and held for the duration of the stay to cover any damage or additional costs incurred, this will be returned in part/full at the end of the stay.

F.

Period of booking

Bookings are made on a weekly basis from Saturday to Saturday unless clearly stated on the booking confirmation and agreed upon by 39 Degrees North Mallorca.

G.

Cancellation Terms by the Party Leader

Cancellations will only be effective when 39 Degrees North Mallorca receives them in writing. Notification of cancellation of Villa Accommodation and Villa Service must be in writing (email or post) and cancellation charges will be calculated from the date of receipt of the written cancellation. We take no responsibility for non-delivery or non-receipt of notification 2 of cancellation. If the balance of the total Villa Price is not received at least 8 weeks prior to the day the period of stay commences the booking may be deemed to be cancelled by you, and we reserve the right to re-sell the villa without further notice. In practice, all reasonable efforts will be made by us to contact you. The following cancellation charges will be payable.

More than 12 Weeks - 50% of the total Villa Price.

12 Weeks or less - 100% of the total Villa Price.

If the holiday is cancelled by the Party Leader within 12 weeks and 39 Degrees North Mallorca re-sell the holiday, we shall refund the cost of the holiday minus 25% of the total cost of the Villa Price. If the payment is received late or has not been received it will void all cancellation terms and will be at 39 Degrees North Mallorca’s discretion to return any monies. We recommend and expect that the Villa Party will have or will take out a holiday insurance policy (which includes cancellation insurance covering sickness and unavoidable reasons for cancellation) prior to their stay.

H.

Check-in/check out

Access to the Villa Accommodation will be from 4 pm on the first day and will end at 10 am on the last day. The Villa Party must respect these times to ensure that standards can be adhered to and other guests are not impacted. There is no obligation to offer/provide accommodation before the time stated and the Villa Party shall have no entitlement to remain in the Villa Accommodation after the time stated.

I.

Services included

• Use of a furnished and fully-equipped villa for the duration of the period specified in the booking confirmation and for no more than the number of guests specified.

• Use of facilities specified in the booking confirmation such as swimming pool, air conditioning, BBQ etc.

• Household linen (changed weekly if the rental period is longer than 7 days).

• Cost of water, electricity, heating fuel (if applicable), pool and garden maintenance. Additional costs for heating the pool may apply.

• Prices include the cost of food and drinks to provide the services agreed upon in writing.

• A tailored menu catering for dietaries and preferences which will have been provided in writing by the guest prior to the commencement of the event.

• Professional service staff to cater to your needs.

• Any equipment/linen required to provide the service at no additional cost unless specified in the booking. • 39 Degrees North Mallorca team providing 5-day Villa Services as per the booking confirmation.

• Housekeeping provided on the days that the team are in the Villa Accommodation.

• Household insurance covering the Villa Accommodation but not the Guest or their personal belongings.

J.

Services excluded

• Childcare is not included as part of the holiday. This can be arranged with a local third-party supplier.

  • Flights as part of the Guest’s holiday.

  • Transfer or car hire as part of the Guest’s stay.

K.

Services Provided by Third Parties

Other Services provided by third parties, whether or not booked by us on your behalf, are subject to the terms and conditions of the provider of such other services. We are not a party to the contract for such other services, and whether or not we recommend the service provider we do not warrant the standard or performance of such other services or the suitability, the fitness for purpose of any equipment used or provided, any training or guidance is given, or compliance with any applicable law or regulation or any other feature of such other service (each of the foregoing a “service feature”), and we shall have no liability whatsoever to you for such other services. If we book any such other service to be provided by a third party on your behalf, we do so only as your agent. You must take full responsibility for satisfying yourself in advance as to any service feature and as to the service provider's qualifications and ability to provide such services. You must address any grievance about such other service directly to the relevant service provider.

L.

Loss, Theft and/or Damage

Loss of and/or damage to any luggage or personal possessions (including money) within the Villa Accommodation grounds: the maximum amount 39 Degrees North Mallorca will have to pay the Guest in respect of these claims is an amount equivalent to the excess on their insurance policy which applies to this type of loss per person in total because it is assumed that they will have adequate insurance in place to cover any losses of this kind. If the Party Leader or any of the Villa Party fail to secure the Villa Accommodation and are subsequently victims of theft or damage, 39 Degrees North Mallorca will not be liable for any loss or damage of the Villa Party’s property. The Party Leader accepts responsibility for any damage or loss caused by them or any member of their party within the Villa Accommodation grounds. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to 39 Degrees North Mallorca or to the Villa Accommodation owner.

M.

Tourist tax

Some of our partner properties require additional payment for Ecotassa, this will be included in the final payment when making a booking. For some properties, the Ecotassa is included in the cost of the holiday and is paid for by the Villa Accommodation owner.

N.

GDPR

The Party Leaders’ personal information and that of the Villa Party are important to us and used solely for the purpose of the Villa Party’s holiday. We process all personal information in accordance with the General Data Protection Regulation (GDPR). Third parties, including those who operate websites which we link to in our site, may collect and use other information about the Villa Party, and if the Villa Party wants to find out about what data they collect and how they use it the Villa Party should refer to their privacy policy. We will never misuse or sell your data to anyone. We ensure any data we hold is stored securely.

O.

COVID-19

You will be entitled to a refund minus the deposit if you are unable to travel due to Covid-19 for the following reasons: 1. Any Government ban on travel from the Party Leader’s country of residence.

2. Local or national lockdowns have been implemented meaning there is a ban on travel.

3. Party Leaders would be legally obliged to go into quarantine (as opposed to recommended self-isolation) for more than 3 days on arrival to the Balearic Islands.

4. Visa suspensions due to Covid-19 mean the Party Leader will be denied entry to the Balearic Islands.

P.

Liability

To the maximum extent permitted by law, in no case shall 39 Degrees North Mallorca nor its employees or owners be liable for any indirect, incidental, consequential, special or exemplary damages or for any damages for death, personal or bodily injury, emotional distress or damage to property, arising out of or in connection with the Villa Party’s stay. Our liability is limited to the total invoiced Villa Service for the Villa Party member concerned and under no circumstances extends to additional costs incurred in the taking of the holiday such as travel costs or other services.

Q.

Behaviour

You shall indemnify us in full on demand in respect of any and all liability of us or any claim made against us as a direct result of damage caused by any member of, or any guest of, the Villa Party to any of the Villa Accommodation or any of their contents. All damage and breakages directly caused by you or by such guest will be charged to the Party Leader and must be paid for before departure from the villa. You undertake to us to behave in such a manner as not to disrupt the enjoyment of other persons staying in our villas or prejudice our reputation with the owners of our villas or local residents. The Villa Service of any Villa Party member in breach of this paragraph may be terminated immediately and without refund of any part of the total Villa Price or other compensation, and we shall have no further obligation to you in respect of such Villa Party member.

R.

Cancellation by 39 Degrees North Mallorca

In the unlikely event of a cancellation by 39 Degrees North Mallorca, we will make every possible effort to secure alternative Villa Accommodation at no additional cost. In the event that no other solution can be found 39 Degrees North Mallorca will refund all monies paid. 39 Degrees North Mallorca shall be under no other liability if such cancellation occurs. If due to circumstances beyond our control we are unable to provide any or part of our Villa Services to you (whether or not such services are included in the Villa Price), we may make such reasonable adjustments to your Villa Service, as we may in our absolute discretion elect, acting reasonably, provided always that if such service is included in the Villa Service we shall refund to you a reasonable proportion of the Villa Service corresponding to the cost to us of providing the relevant service to you.

S.

Force Majeure

39 Degrees North Mallorca or the Villa Accommodation owner cannot accept responsibility or liability for any alterations, delay or cancellation or any other loss or damage caused by war, civil strife, terrorist action, industrial disputes, fire, sickness, bad weather, epidemics, acts of any government or public authority, or any other event outside our control. In the event that the cancellation is due to “Force Majeure”. It will be an essential requirement that the cause of “Force Majeure” exists on the date for which the Party Leader had the reservation for the Villa Service and Villa Accommodation. Otherwise, the client waives to claim the return of the deposit and the rest of the amounts paid up to the date of cancellation.

T.

Package Holiday Regulations

We are not an “organiser” as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992 (“the Package Holiday Regulations”) and do not accept liability under the Package Holiday Regulations or otherwise for the provision of services provided by third parties whether or not booked by us on behalf of any member of the Villa Party.

U.

Insurance

It is a condition of booking that all Villa Party members have insurance cover that is suitable and adequate to cover the likely needs/risks relating to their holiday/trip, including but not limited to personal liability, medical, holiday and travel cancellation, interruption and/or inconvenience and for extreme sports where applicable. 39 Degrees North Mallorca will not be held responsible for any expenses, losses or damage you incur as a result of any Villa Party member failing to comply with this clause or the requirements of your travel insurance policy.

V.

Villa Accommodation & Service

39 Degrees North Mallorca cannot be held responsible for any perceived inadequacies in its Villa Services or the Villa Accommodation. Villa Accommodation descriptions and all details both written and verbal are given in good faith and believed to be correct, but interpretation thereof can be subjective and as such their accuracy cannot be guaranteed. Villa Accommodation details may vary over time from photographs and descriptions on the websites.

W.

Jurisdiction

This contract and any matters arising from it are governed by the laws of Spain and the parties agree to submit to the exclusive jurisdiction of the Courts of Spain.

X.

Accuracy

We have used all reasonable endeavours to ensure that the information on our website is accurate; however, we do not warrant that all included information, especially that supplied by third parties (such as providers of other services) is correct or complete. Pages on the website are provided to users 'as is' and 'as available’ and may have technical inaccuracies. We will endeavour to update and correct this site as soon as new information becomes available to us, but we give no warranty as to when any such update will be made. We shall not be liable for any damage or loss that may arise, directly or indirectly, from the use of information contained on this website.

Y.

Company Details

39 Degrees North is a trading name of 39 Degrees North Mallorca SL and is a registered company in Spain under CIF – B16649956. Represented by Mark Yates, Passport number - 549548508, NIE – Y6505553-V, residing at Dones De Can Sales 15, Escalera 3, Apartament 2A, Pollenca, 07460, Illes Baleares