Terms and Conditions
for property management in Mallorca
As of: 5 November 2025
1. Provider & Scope
1.1 The provider of these services is SEAFRONT PROPERTIES MALLORCA S.L. Owner: Philip Bornewasser • Ronda Migjorn, 145B, 07620 Llucmajor, España Phone: +34 971 628 850 • E-Mail: immobilienbetreuung@todo-mallorca.es Website: www.immobilienbetreuung.todo-mallorca.es • CIF: B16602278 (hereinafter “we”, “us”).
1.2 These Terms and Conditions apply to all contracts for property management and caretaking services (e.g. property inspections, photo documentation, key storage, coordination of tradespeople, appointment and emergency coordination, mail forwarding/monitoring, visual technical checks without intervention) concluded by consumers and businesses (hereinafter “Client”) with us – online, by e-mail/phone or in person.
1.3 The Client’s own terms and conditions do not form part of the contract unless we agree to them in writing. Individual agreements take precedence.
2. Conclusion of Contract / Electronic Communication
2.1 Our service descriptions are non-binding. A contract is concluded by acceptance of our offer (in writing, by e-mail or electronically) or by order confirmation/commencement of service.
2.2 Contracts, declarations, records and handovers (e.g. keys) may be documented electronically; electronic signatures (e.g. advanced/qualified e-signatures) are permissible.
2.3 For distance/online contracts, the provisions of the Spanish E-Commerce Act (LSSI-CE) apply additionally.
3. Scope of Services & Limitations
3.1 We provide care, inspection and coordination services to the best of our professional ability (service contract). Unless expressly agreed otherwise, we do not owe a specific result (e.g. no guarantee for the defect-free condition of the property or the performance of third parties).
3.2 The following are not included: guest management/rental, clearance, vehicle service (except where applicable ITV service), temporary holiday service. Available on request/separately: garden care, renovations, other trades.
3.3 Subcontractors/tradespeople: We are entitled to engage suitable third parties.
Coordination case: The contract for tradesperson services is concluded between the Client and the tradesperson; we merely coordinate on behalf of the Client.
Subcontracting: Where we engage third parties in our own name, we are liable for careful selection and supervision; the third party’s own warranty/liability rules apply to their own performance.
3.4 Time slots & response times are determined by the offer/service package. A 24/7 on-call service only exists if expressly agreed.
3.5 Documentation: Property inspections are documented selectively/in record form (e.g. photo/brief report). Photos serve as condition information and do not replace a technical inspection/expert assessment.
4. Client’s Obligations to Cooperate
4.1 Access/Keys: The Client ensures access (keys, codes, remote controls) and informs us of any changes. Key handovers are documented.
4.2 Information & Instructions: The Client communicates any special features (systems, alarm, water/main switch, etc.) and provides clear budgets/instructions. Unless otherwise agreed, we are entitled to arrange urgent measures to mitigate damage up to an emergency budget (standard: €300 incl. IVA) per incident.
4.3 Insurance: The Client maintains appropriate buildings/liability insurance for the property. We do not provide legal or insurance advice.
5. Prices, Travel & Billing
5.1 The prices stated in the offer/price list apply, including the applicable IVA (Spanish VAT), unless otherwise indicated.
5.2 Travel zones (example; specific details per published price list):
Zone A: up to 20 km from Llucmajor (Ronda Migjorn, 145B) – travel included or surcharge per price list.
Zone B: >20 km to 40 km – surcharge per assignment per price list. Further distances by arrangement.
5.3 Additional services/materials (outside the package scope) are billed on a time basis (hourly rates) and according to actual expenses (materials, fees, tolls, parking).
5.4 Billing is generally monthly or per assignment by invoice. The invoice amount is due within 7 calendar days of receipt without deduction.
The following payment methods are available:
Direct debit (Domiciliación bancaria / LSV): The Client may grant us a SEPA direct debit mandate. In this case, we will automatically collect due amounts from the specified account. Collection takes place with a pre-notification of at least 3 banking days. The Client must ensure sufficient funds; returned debit costs are borne by the account holder where attributable to them.
Bank transfer to our Spanish business account,
Cash payment (only for collection or personal handover),
PayPal (where applicable, plus any PayPal fees incurred),
5.5 Default: In the event of late payment, we are entitled to charge default interest at the statutory rate and to withhold services until payment is received.
6. Appointments, Impediments to Performance, Force Majeure
6.1 Service dates are – unless expressly fixed – target dates.
6.2 Force majeure/exceptional circumstances (e.g. storms, strikes, official requirements, pandemics, supply disruptions) extend deadlines by the duration of the disruption plus a reasonable start-up period.
7. Liability
7.1 We are liable without limitation for intent and gross negligence, as well as for injury to life, body or health.
7.2 In the event of simple negligent breaches of duty, we are only liable for foreseeable, contract-typical damages. Liability for loss of profit, indirect damages and consequential damages is excluded to the extent permitted by law.
7.3 We are not liable for third-party services (tradespeople etc.) that contract directly with the Client; claims must be asserted against the third-party provider. Our liability is limited to proper coordination/referral.
7.4 Keys/property access: We store keys carefully; however, in the event of loss, we are only liable in accordance with sections 7.1/7.2. The Client ensures appropriate insurance (section 4.3).
8. Contract Duration & Termination
8.1 Our care services are provided without a fixed contract term. There is no minimum term and no contractual obligation.
8.2 The contract may therefore be terminated by either party at any time with 14 days’ notice to the end of the month in text form (e.g. by e-mail or WhatsApp). Services already agreed or commenced will be properly invoiced.
8.3 Good cause entitles either party to terminate without notice, in particular in the event of repeated late payment, inaccessibility of the property, unreasonable instructions or serious breaches of duty.
8.4 Upon termination of the contract, we return keys, documents and any access means against receipt. Outstanding claims remain unaffected.
9. Right of Withdrawal for Consumers (Distance Contracts)
9.1 If the Client is a consumer (Art. 3 RDL 1/2007), a right of withdrawal of 14 days from the date of conclusion of contract applies to distance contracts for our services.
9.2 If the Client exercises the right of withdrawal after commencement of service at express request, they must bear the reasonable costs for services already rendered up to the point of withdrawal.
9.3 The right of withdrawal expires if the service has been fully rendered and we only began execution after the Client expressly consented and confirmed their knowledge of the expiry of the right of withdrawal.
9.4 Withdrawal Form (Template) To: SEAFRONT PROPERTIES MALLORCA S.L., Ronda Migjorn, 145B, 07620 Llucmajor, España, E-Mail: immobilienbetreuung@todo-mallorca.es I/We hereby withdraw from the contract concluded by me/us for the provision of the following service: [description] Ordered on: [date] • Name/Address: [•] • Date/Signature (only for notification on paper).
10. Data Protection
We process personal data for the purpose of contract performance and communication. Details, legal bases, recipients, retention periods and data subject rights are set out in our Privacy Policy at www.immobilienbetreuung.todo-mallorca.es/datenschutz.
11. Warranty / Complaints
11.1 The statutory rules for services apply to our own performance. 11.2 The Client reports any obvious complaints immediately, at the latest within 7 days of becoming aware; statutory rights remain unaffected.
12. Dispute Resolution / Complaints
12.1 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
12.2 Consumer dispute resolution Spain (Illes Balears): Dirección General de Consumo, Carrer de Jesús 38 A, 07010 Palma de Mallorca, España.
12.3 EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
13. Applicable Law, Jurisdiction, Contract Language
13.1 Spanish law applies, excluding the UN Convention on Contracts for the International Sale of Goods. 13.2 The place of jurisdiction is – where permissible – Palma de Mallorca. Mandatory jurisdictions at the consumer’s place of residence apply with regard to consumers. 13.3 The contract language is German. A Spanish translation may be provided for information purposes. In the event of differences in interpretation, the German version shall prevail unless mandatory Spanish law provides otherwise.
14. Assignment, Set-Off, Retention
14.1 Rights and obligations may only be transferred with our consent; we may assign payment claims without consent. 14.2 Set-off is only permissible against undisputed or legally established claims; retention only from the same contractual relationship.
15. Amendments to the Terms and Conditions
We may amend these Terms and Conditions with effect for the future (e.g. in the event of changes in law or changes to services). For existing ongoing contracts: we will provide notice at least 6 weeks before the amendments take effect. If the Client does not object by the effective date, the amendments are deemed approved; we will draw specific attention to this. In the event of material disadvantages, the Client may terminate the contract extraordinarily.
16. Severability Clause
Should individual provisions be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the legally permissible regulation that comes closest to the economic purpose shall apply.