As a consumer residing in the EEA, you can access the European Commission’s online dispute resolution platform at: https://ec.europa.eu/consumers/odr. Holidays Mallorca is not committed nor obligated to use an alternative dispute resolution body under Directive 2013/11/EU to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available to residents in Switzerland or the United Kingdom.
Last updated: January 25, 2024
Thank you for choosing to use Holidays Mallorca!
The present Terms of Service for European Users (“Terms”) constitute a legally binding agreement between you and Holidays Mallorca, governing your right to use the websites, applications, and other offerings (collectively, the “Holidays Mallorca Platform”). When used in these Terms, “HM,” “we,” “us,” or “our” refer to the entity Holidays Mallorca as set forth in Annex 1 with which you are entering into an agreement.
The HM Platform provides an online venue that allows users (“Members”) to post, offer, search, and book services. Members who post and offer services are “Hosts,” while Members who search, book, or use the services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, tours and events (“Experiences”), as well as a variety of travel and other services (collectively, “Host Services,” and each offer of Host Services constitutes a “Listing”). As the provider of the HM Platform, HM does not own, control, offer, or manage any Listing, Host Service, or tourism service. HM is not a contracting party to contracts entered into directly between Hosts and Guests, nor a real estate agent, travel agency, insurer, or organizer or seller of package tours within the meaning of Directive (EU) 2015/2302. HM does not act as an agent for any Member, except as specified in the “Payment Terms.” To learn more about HM’s role, go to Section 1.
Other terms and policies supplement these Terms, such as our privacy policy that describes how we collect and use personal data, and our payment terms that govern any payment services provided to Members by HM payment companies (collectively “HM Payments”).
Section 1 We offer you the right to use a platform that allows Members to post, offer, search, and book Host Services. When Members make or accept a booking, they are entering into an agreement directly between them. HM is not and does not become a party or other participant in any contractual relationship between Members. HM does not act as an agent for any Member, except where HM Payments acts as a collection agent, as provided in the Payment Terms. While we are committed to ensuring that our Members have positive experiences with HM, we do not control and cannot control the conduct or performance of Guests and Hosts, and we do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listing or Host Service nor (ii) the truthfulness or accuracy of any description of a Listing, review, or other content provided by Members. You acknowledge that HM has the right to review, disable access, remove, or modify Content to: (i) manage, protect, and improve the HM Platform (including for fraud prevention, risk assessment, investigation, and customer support); (ii) ensure compliance with these Terms by Members; (iii) comply with applicable law or order or request from a court, law enforcement, or other administrative or governmental agency; (iv) address Member Content that we believe to be harmful or objectionable; (v) take actions set forth in these Terms; and (vi) maintain and enforce any quality or suitability criteria, including by removing Listings that do not meet quality and suitability criteria. If we remove or disable Content, we will notify the affected Member and provide the reasons for such action, unless such notification (i) prevents or hinders the detection or prevention of fraud or other illegal activities, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable law.
Guest Terms
- Search and Booking on HM 1.1 Search. You can search for Host Services using criteria such as the type of service, type of listing, travel destination, dates, and number of guests. To refine search results, you can also apply filters, which are based on relevance to your search and other parameters. Relevance is determined by factors such as price, availability, reviews, customer support, cancellation history, popularity, past trips, and saved Listings, Host requirements (such as minimum or maximum nights), and more. 1.2 Booking. When you book accommodation from a Listing, you agree to pay all charges for your booking, including the price stated in the Listing and any other items identified during the payment process (collectively, the “Total Price”). If you choose to pay using a currency other than that set by the Host for their Listing, the displayed price is based on a conversion rate set by us. Upon receiving booking confirmation, an agreement for Host Services (a “Booking”) is entered into directly between you and the Host. In addition to these Terms, all terms of the Booking will apply, and it will be your responsibility to adhere to them, including, but not limited to, cancellation terms and additional rules, standards, policies, or requirements applicable to the Booking identified in the Listing or during the payment process. It is your responsibility to read and understand these rules, standards, policies, and requirements before booking accommodation from a Listing. Note that some Hosts work with a co-host or as part of a team to provide their Host Services. 1.3 Booking Accommodation. Booking accommodation constitutes a limited license to access, occupy, and use such accommodation. The Host reserves the right to access the accommodation during your stay, to the extent that this is: (i) reasonably necessary, (ii) permitted under the agreement with the Host, and (iii) allowed by applicable law. If you stay in the accommodation beyond the check-out time, the Host has the right to ask you to leave to the extent permitted by applicable law, such as imposing reasonable penalties for overstaying. You may not exceed the maximum number of allowed Guests. 1.4 Booking Experiences and Other Host Services. Booking an Experience or other Host Service authorizes you to participate in, enjoy, or use such Experience or Host Service. You are responsible for confirming that you and anyone you invite meet the minimum age, skill, physical fitness, or other requirements. You are responsible for informing the Host of any medical condition or physical condition or other circumstances that may affect your ability to participate, enjoy, or use the Experience or Host Service. Unless expressly authorized, you may not allow other persons to participate with you in an Experience or another Host Service unless they are included as additional guests during the booking process.
- Cancellations, Booking Issues, and Refunds 2.1 Cancellations, Booking Issues, and Refunds. In general, if you cancel a Booking, the refunded amount is determined based on the cancellation terms. However, in certain situations, other terms may prevail, according to which the refund amount is determined. If circumstances beyond your control require you to cancel a Booking, you may be entitled to a partial or full refund. 2.2 Changes to Bookings. Hosts and Guests are responsible for any changes to bookings they agree to make via the HM Platform or request HM customer service to make on their behalf (“Booking Changes”), and agree to pay any additional amounts, costs, or taxes associated with any Booking Changes.
- Your Responsibilities You are responsible for your actions and omissions and those of anyone you invite to the accommodation, to whom you provide access to the premises, areas, and services that the Host and Guest are legally authorized to use in connection with the accommodation (“Common Areas”) or whom you ask to participate in any Experience or other Host Service. For example, this means: (i) you are responsible for leaving accommodation (and personal belongings) or Common Areas in the condition they were in upon your arrival, (ii) you are responsible for paying all reasonable amounts related to the Damage Claim, and (iii) you must always act ethically, treat others with respect, and follow applicable laws. If you include a minor additional guest in the booking or involve a minor in using a Host Service, you must have the legal authority to act on their behalf and you are solely responsible for supervising such person.
Host Terms
- Hosting on HM 4.1 The Host. As a Host, HM grants you the right to use the Platform in accordance with these Terms to share your Accommodation, Experience, or other Host Services with our vibrant community of Guests and receive financial compensation. Creating a Listing is easy, and you control how you conduct your hosting business: set the price, availability, and rules for each Listing. If you are a Business Host, additional terms apply under Section 26. 4.2 Agreement with Guests. When you accept a booking request or receive a booking confirmation through the HM Platform, you are entering into a contract directly with the Guest and are responsible for providing the Host Service according to the terms and price specified in your Listing. You also agree to pay applicable costs, such as HM service fees (and related taxes) for each booking. HM Payments will withhold amounts due from your compensation unless we agree on a different method. All terms or conditions you include in any additional contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, our Policies, and the information provided in your Listing, and (ii) be clearly stated in your Listing description. 4.3 Independence of Hosts. Your relationship with HM is that of an independent individual or entity and not that of an employee, agent, joint venture, or partner of HM; however, HM Payments acts as a payment collection agent as described in the Payment Terms. HM does not direct or control your Host Service, and you acknowledge that you have full discretion as to whether and when to provide such Host Services and at what price and under what conditions to offer them.
- Listing Management 5.1 Creating and Managing Listings. The HM Platform provides tools that simplify setting up and managing a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other costs such as cleaning fees, resort fees, offline costs, and any rules or requirements applicable to your Guests or your Listing. You are responsible for your actions and omissions as well as for keeping information (including calendar availability) and content (such as photos) of your Listing up-to-date and accurate. It is your responsibility to secure adequate insurance for your Host Services, and we suggest carefully reviewing the policy terms and conditions, such as coverage details and exclusions. Only one Listing per Accommodation is allowed, but you may have multiple Listings for a single property that includes multiple accommodations. Any offer of an Experience is subject to our Additional Experience Host Terms. 5.2 Your Legal Obligations. If you are a Host, you are responsible for understanding and fully complying with laws, regulations, rules, and contracts with third parties applicable to your Host Services, such as issues regarding ownership and leasing, or rules of homeowner associations and condominiums, restrictions or prohibitions on subletting, short-term and/or long-term rentals. Some cities have zoning or other regulations that limit short-term rental of residential properties. Some jurisdictions require Hosts to register, obtain a permit, or license before providing certain Host Services (such as short-term rentals, long-term stays, food preparation, sale of alcoholic beverages, guided tours, or use of a vehicle). In some locations, Host Services you wish to offer may be prohibited altogether. Some jurisdictions require registration of Guests staying in your Accommodation. Other jurisdictions have laws that establish tenant rights in favor of Guests and impose additional obligations on Hosts. For example, certain locations have landlord-tenant laws, rent control, and eviction rules applicable to longer stays. Check what rules apply in your geographical area for the Host Services you plan to offer. The information we provide regarding legal requirements is for informational purposes only, and you should independently ascertain your obligations. You are responsible for managing and using the personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about the application of local laws, we always recommend seeking legal advice. 5.3 Search Results. The placement and display of Listings in search results on the HM Platform depend on a variety of factors. Among the main factors are:
- Guest search parameters (e.g., number of guests, destination, travel duration, price range),
- Listing characteristics (e.g., location, price, calendar availability, number and quality of photos, reviews, ratings, and other quality indicators, type or category of Host Service, Host status, time period during which the Listing has been published on the HM Platform, as well as engagement and popularity with Guests),
- Guest experience (e.g., Host customer support and cancellation history, as well as booking ease),
- Host and Listing requirements (e.g., minimum or maximum number of nights, booking deadline),
- Guest preferences and historical data (e.g., past trips, Listings viewed and saved, location from which the Guest is searching). Search results may differ on the mobile app compared to the website and also differ in map view. HM may allow Hosts to promote their Listings in search results or elsewhere on the HM Platform by paying an additional cost. More information about the factors determining how your Listing is displayed in search results, our current promotional programs (if any), and how we identify Promoted Content can be found in our Help Center. 5.4 Your Responsibilities. You are responsible for your actions and omissions and the actions and omissions of anyone you invite to participate or to whom you provide your Host Services. It is your responsibility to set your price, rules, and requirements for your Listing. In your Listing description, you must outline all costs and charges, and you may not collect additional costs or charges outside of the HM Platform, except those expressly authorized by our Offline Cost Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside of the HM Platform in violation of our Off-Platform Activities Policy. 5.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, company, or other organization, you are responsible as a Host under these Terms for the acts and omissions of each entity and individual who participates with you in providing Host Services for each of your Listings; you also have an obligation to inform your personnel responsible for providing any Host Service of your obligations under these Terms. By accepting terms or entering into contracts, you represent and warrant that you have the authority to enter into contracts for your team, company, or other organization and bind it, and that each entity you use is in compliance with the laws of the jurisdiction where it is based. If you perform other functions, you represent and warrant that you have the authorization to do so. If you request HM to transfer a portion of your compensation to a co-host or other Hosts, or to send payments to someone else, you must have the authorization to do so; moreover, you are responsible for the payment amount and the accuracy of the compensation information you provide.
6. Cancellations, Booking Issues, and Reservation Changes
6.1 Cancellations and Booking Issues. Generally, if a Guest cancels a Reservation, the amount paid to you is determined based on the cancellation terms applicable to that Reservation. As a Host, you should not cancel a Guest’s Reservation without a valid reason under the Circumstances Requiring Attenuation or applicable law. Cancelling a Reservation against a Guest without a valid reason may result in a cancellation fee and other consequences. If: (i) a Guest experiences a Booking Issue (as defined in the Rebooking and Refund Terms), (ii) an Extenuating Circumstance occurs, or (iii) a Reservation is cancelled under Section 13 of these Terms, the compensation paid to you will be reduced by the amount we refund or otherwise provide to the Guest and any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already received payment, or if the refund amount and other costs incurred by HM exceed your compensation, HM (through HM Payments) may recover such amount from you, including by deducting the refund from your future earnings. You agree that HM’s Rebooking and Refund Terms, Circumstances Requiring Attenuation, and these Terms take precedence over the cancellation terms you have set in situations where the former allow cancellation of a Reservation and/or provide refunds to Guests. If we reasonably expect to recognize a refund to a Guest under any of these terms, we may delay the provision of any compensation for such Reservation until a refund decision is made. If you are the Host of an Experience, please note that your Experience Reservations are subject to HM’s Experience Cancellation Terms, Guest Refund Policy for Experiences, and different cancellation costs and consequences. Refer to all Policies for details on what is covered and what compensation is provided in each situation. You may appeal a decision by HM by contacting our customer service.
6.2 Reservation Changes. Hosts and Guests are responsible for any Reservation Changes they agree to make through the HM Platform or request HM customer service to make on their behalf and agree to pay any additional amounts, costs, or taxes associated with a Reservation Change.
7. Taxes
7.1 Taxes for Hosts. As a Host, you are responsible under applicable laws for determining and fulfilling your obligations to indicate, collect, remit, or include in your price any applicable VAT or other indirect taxes, tourist taxes, income taxes, or other taxes (“Taxes”).
7.2 Collection and Remittance by HM. In jurisdictions where HM collects and/or remits Taxes on behalf of Hosts, you authorize HM to collect Taxes on your behalf and/or remit them to the relevant tax authority. Any Taxes collected and/or remitted by HM are identifiable to Members in their transaction records, as applicable. HM may request additional amounts from Members (including by deducting them from future earnings) if the Taxes collected and/or remitted are insufficient to fully comply with Members’ tax obligations, and you agree that your sole remedy for Taxes collected by HM is a refund from the relevant tax authority. You acknowledge and agree that we reserve the right, with notice to the affected Members, to cease collecting and remitting Taxes in any jurisdiction, for any reason.
7.3 Tax Information. In certain jurisdictions, current tax regulations may require us to collect and/or report Tax Information about you, withhold Taxes from the compensation paid to you, or both. If you do not provide us with documentation we deem sufficient to support this obligation to withhold Taxes on your earnings, we may withhold earnings up to the amount required by law until sufficient documentation is provided. You agree that HM may issue invoices or similar documentation on your behalf for VAT, GST, consumption, or other taxes for your Host Services, to facilitate tax reporting accuracy.
General Terms
8. Reviews
After each Host Service, Guests and Hosts will have the opportunity to write their respective reviews. Your review must be accurate and cannot contain discriminatory, offensive, defamatory, or any other type of language that violates these Terms, applicable law, or our Content Policies or Review Policies. Reviews are not verified by HM and may therefore be incorrect or misleading.
9. Content
Certain sections of the HM Platform allow you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in any form and by any means, you grant HM a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license, for the duration of the rights licensed, to access, use, store, copy, modify, create derivative works, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Content in order to provide and/or promote the HM Platform in any manner and on any media and platform, known or unknown at the time of use and especially on the Internet and social networks. If the Content includes personal information, such Content will only be used for such purposes if its use is in accordance with applicable data protection laws in accordance with our Privacy Policy. If HM pays for the creation of Content or facilitates its creation, it may acquire ownership of such Content, in which case additional terms or disclosures will state so. You are solely responsible for all Content you provide and warrant that you own it or have the authority to grant HM the rights described in these Terms. You are responsible if any of your Content violates or infringes on the intellectual property rights or privacy rights of third parties. Content must comply with our Content Policies and our Anti-Discrimination Policy, which, among other things, prohibit discriminatory, obscene, harassing, deceptive, violent, and unlawful content. You agree that HM may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. HM makes no warranties regarding the accuracy or quality of translations, while Members are responsible for verifying their correctness.
10. Fees
HM may charge Hosts and Guests fees (and applicable Taxes) for the right to use the HM Platform. All applicable fees are communicated to Hosts prior to listing and to Guests prior to making a booking. Further information on when service fees apply and how they are calculated is available on our Service Fees page. Except as otherwise provided on the HM Platform, Service Fees are non-refundable.
11. HM Platform Rules
11.1 Rules
You must abide by these rules and must not help or induce others to violate or circumvent them.
Act with integrity and treat others with respect.
Do not lie, misrepresent anything or anyone, or pretend to be someone else.
Communicate and interact with others in a polite and respectful manner.
Do not attempt to evade the application of these Terms, our Additional Legal Terms, our Policies, and our Standards, such as by creating duplicate accounts or listings.
Follow our Anti-Discrimination Policy and do not discriminate against or harass others.
Do not engage in web scraping, hacking, decoding, compromising, or damaging the HM Platform.
Do not use bots, crawlers, scrapers, or other automated tools to access or collect data or other content from or otherwise interact with the HM Platform.
Do not hack, evade, remove, compromise, or otherwise attempt to bypass any security or technological measures used to protect the HM Platform or Content.
Do not decrypt, decompile, disassemble, or decode any software or hardware used to provide the HM Platform.
Do not take any action that may harm or negatively affect the performance or proper functioning of the HM Platform.
Use the HM Platform only if you have authorization under these Terms or another agreement with us.
You may use another user’s personal information only if necessary to facilitate a transaction using the HM Platform, as authorized by these Terms.
Do not use the HM Platform, our messaging tools, or Members’ personal information to send commercial messages without their explicit consent.
You may use Content made available through the HM Platform only if necessary to enable its use as a Guest or Host.
Do not use Content unless you have permission from its owner or if the use is authorized by us in these Terms or another agreement with us.
Do not request, make, or accept reservations or payments outside of the HM Platform to avoid incurring fees, taxes, or for any other reason. Refer to our Offline Fee Policy for exceptions.
Do not request or encourage Guests to create an account, leave a review, or otherwise interact with a third-party website, application, or service before, during, or after a Reservation, unless you receive authorization from HM.
Do not take any action aimed at manipulating our search algorithm.
Do not book Host Services unless you actually intend to use them.
Do not use, copy, display, mirror, or frame the HM Platform, any Content, Airbnb trademarks, layout, or page design without our consent.
Fulfill your legal obligations.
Understand and comply with the laws that apply to you, including privacy, data protection, and export laws.
If you provide someone else’s personal information, you must: (i) do so in accordance with applicable law, (ii) have authorization to do so, and (iii) authorize us to process such information in accordance with our Privacy Policy.
Read and follow our Terms, our Additional Legal Terms, our Policies, and our Standards.
Do not organize or facilitate unauthorized parties or events. You are responsible for any party or event during the Reservation that violates our rules regarding parties and events, as incorporated herein by reference.
Do not use the name, logo, trademark, or trademarks of HM or others without authorization and only as set forth in our Trademark Guidelines.
Do not use or register any domain name, social network account, trademark, brand, logo, or other distinctive sign that may be confused with HM’s trademarks, logos, or brands. See our Trademark Guidelines for details.
Do not offer Host Services that violate laws or contracts that apply to you.
Do not offer or incite prostitution, or engage in or facilitate human trafficking.
