Terms of Contract

Your experts for purchase and rental properties

 General Terms and Conditions
1 With the acceptance of offers or the commencement of negotiations, a brokerage contract is concluded. At the same time, the recipient/negotiating party becomes the client and accepts the terms and conditions.
2. Our offers/advertisements are subject to confirmation and commission. If no other details are given in the offer, advertisement or exposé, the commission for purchase is 5% plus 21% IVA of the notarised purchase price, for rent of residential or business premises 1.6 months' rent plus 21% IVA, as well as 5% plus 21% IVA on a compensation payment, for lease 1.6 months' rent plus 21% IVA, as well as 5% plus 21% IVA on a compensation payment.
The commission on sales of real estate and land is earned, due and thus payable by the seller as follows. Upon signature of the option contract and payment of the deposit due therewith, the seller pays 50% of the commission. The remaining 50% is payable upon signature of the purchase deed at the notary's appointment.
In the case of tenancy agreements for residential property, the commission is earned, due and payable by the tenant upon conclusion of the agreement. In the case of rental/lease agreements for commercial premises, the commission is earned, due and payable by the tenant/lessee upon conclusion of the agreement. SBM Schaak inmobiliaria receives a direct claim for payment against the seller and buyer or the landlord/tenant/lessee for all contracts concluded.
3. should a property brokered and/or proven by us, which was initially rented or leased, subsequently be purchased, the difference to the buyer's commission is to be paid.
4. as soon as a contract is concluded on the basis of our evidence and/or our brokerage, our commission claim arises. It also arises if the contract is concluded under conditions that deviate from the original offer, e.g. in the case of heritable building rights instead of purchase, rent instead of purchase and purchase instead of rent. The claim shall also remain valid if contractual extensions and supplements are concluded which are temporally and economically related to the first contract.
5. a claim to commission shall continue to exist even if the legal basis of the contract concluded subsequently ceases to exist. If the contract is cancelled due to a reservation of withdrawal on the part of the client or is cancelled or not fulfilled for other personal reasons, the entitlement to commission shall also remain intact. In the event of a successful rescission of the contract, the client shall be obliged to pay compensation if it was the cause of the rescission. 6.
6. The obligation to pay the agreed remuneration shall also apply in the event of a discrepancy in the property (conclusion of a contract for another property belonging to the owner), since the interested party could only have become aware of the existence and person of the owner through the existence of our offer and without knowledge of the owner the interested party would not have been able to conclude a contract with the owner.
7. Subsequent evidence provided by third parties does not change the causality of this evidence.
8. The recipient shall inform us and, upon request, provide evidence if he is already aware of the opportunity to conclude a contract proven by us. Otherwise, our evidence shall be deemed to be causal for the conclusion of a purchase, lease or rental agreement until proven otherwise.
9. In the event of negotiations, the interested party shall be obliged to name us as the causal broker and to use us for the conclusion of the contract as well as to provide us with copies of concluded contracts.
10 Our offers and information provided are to be treated confidentially and are intended exclusively for the recipient. In the event of any unauthorised disclosure to third parties, including authorised agents or clients of the interested party, the commission shall nevertheless be payable in full if the third party to whom the information has been disclosed concludes the main contract.
11. Unless otherwise  indicated, a brokerage contract may be terminated at any time without notice. Notice of termination shall be given in writing. As soon as there is no longer any intention to sell, purchase or rent/lease, the client is obliged to terminate the contract.
12.The broker is also entitled to act for the other party.
13. Verbally agreed changes to the contract are only valid if they are confirmed in writing by the broker.
14. the details given in our offers represent information given to us. We endeavour to provide as complete and correct information as possible on the properties and contractual partners, but cannot accept liability for the correctness and completeness. Our references are subject to change. We reserve the right to make intermediate sales and leases.
15. place of jurisdiction Palma de Mallorca, Balearic Islands, Spain.
16) In the event of the invalidity or ineffectiveness of a provision of these General Terms and Conditions, the effectiveness of the remaining provisions shall not be affected; rather, the ineffective provision shall be replaced by an effective provision that comes as close as possible to the intended purpose; the same shall apply to any gaps that arise and require supplementation.

17 Consumer information
Online dispute resolution pursuant to Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http:// ec. europa. eu



Holiday rental

1st Booking:
After contacting the office of SBM Schaak you will receive a written booking agreement you send back signed (by e-mail or fax). The customer is obliged by his signature to stand, also in the name of all passengers, for all contractual obligations under the lease terms. Basis of the contract are only the on the day of booking and for travel period made property description. The accommodations may not be occupied by more persons as registered.

2nd Payment:
The deposit of 20% of the rent is payable within 10 days of receipt of the booking agreement. Only after receiving the payment the reservation is binding. About the receipt deposit you will not receive a separate confirmation. The final payment must be received no later than four weeks before arrival, without further invitation. Late payment or non-payment shall be deemed to resign and entitles SBM Schaak, relet the accommodation and to demand from defaulting customers, the cancellation fee.

3rd Services and prices:
The extent of the contractual services are resulting from the information of the reservation agreement. Agreements that change the scope of these services require the written consent of SBM Schaak.
If the customer does not claim benefits, with reasons which are not understandable for SBM Schaak, there is no requirement of the customer to a pro rata refund.

4th Withdrawal / Transfers:
Upon cancellation of the contract by the customer following cancellation charges will be levied:

  • Up to 90 days before arrival: 10% of the rent
  • To 60 days prior to arrival: 25% of the rent
  • To 30 days prior to arrival: 50% of the rent
  • Up to 1 day before arrival: 80% of the rent
  • On the day of arrival: 100% of the rent
Crucial to the calculation of the cancellation is receiving in our office. If the customer request changes to passenger, destination, travel date or accommodation, a service charge of 25, - € will be charged. If the above described transfer is not possible, a withdrawal made from the travel contract to the above conditions and new registration is necessary. All statements regarding the customer changes or cancellation must be in writing and need to be confirmed in writing by SBM Schaak

5th Service changes:
If the residence is changed negatively much, endangered or impaired due to unforeseeable force majeure (eg strikes, war, disasters, etc.) so both parties can terminate the contract. In this case, the liability of SBM Schaak is a maximum of the repayment of the paid tour price.

6th Holiday:
The booked holiday property is not owned by SBM Schaak, it is only arranged by SBM Schaak. SBM Schaak is authorized by the respective owner to act in the own behalf but for the account of their respective owners.
The rented flat may maximum be used with the persons indicated in the confirmation. If a overcrowding takes places, both SBM Schaak and the owner have the right to reject surplus people.
Electricity, gas, water and heating are included as costs in the rent. For the final cleaning, bed linen and towels a one-time fee is charged.

7th Liability of SBM Schaak:
SBM Schaak arranges your reservation to the lessor / owner of your holiday home and is liable under the ordinary duty of care for the conscientious merchants handling the renting, the careful selection and monitoring of service providers, the correctness of the performance and for the proper provision of services contracted. A liability for transient disturbances in the water-/ electrical power supply or disturbances by natural causes or local events will be excluded, also we are not responsible for the continuing willingness of installations such as heating, pool, etc. and for the period from September to June for noise nuisance from construction activities on neighboring properties.

8th Warranty:
If a performance by SBM Schaak are not or not provided with the contract, the customer may require, within a reasonable time remedy. SBM Schaak is authorized to create by providing an equal or higher compensation remedy. This may be refused if it requires a disproportionate effort. If benefits are not provided under the contract, it must be reported immediately to the spot.

9th Obligations of the tenant:
At about any fault the customer is obliged to do everything under the statutory provisions, to help remedy the problem and keep the possible damage low. The customer is obliged in particular to tell his complaints immediately to SBM Schaak or the local housing management. Complaints by the end of vacation can otherwise not be considered. Without the express consent of SBM Schaak customers who leave the accommodation prematurely, lose any claim to a possible refund of the rent.
The rented accommodation is clean, i.e. broom and leave cabinet clean. The customer has to treat the property, together with inventory carefully. He is obliged to report losses occurring during his stay time to SBM Schaak. The customer is personally liable for the damage it causes.
If the customer or one of the persons accompanying him on holiday treats the holiday home not carefully despite warning, the immediate cancellation of the agreement by SBM Schaak is justified. Any additional costs incurred by the customer.

10th Pets:
For the transportation of pets the prior consent of the landlord is required. The tenant is liable for all damages caused by the animal. Within the facility dogs must be kept on a leash.

11th Cots and high chairs:
Tenants can book cots and highchairs, where available, and only after prior reservation - for a fee of 25, - € / week.

12th Arrival / Departure:
The leased property may as a rule - if a pre-booking of the house exists - based on arrival day from about 4 p.m., on the departure the tenant leaves the house by 10 a.m.. If you want to live in the house longer due to a late return flight, so please arrange this with us.
SBM Schaak charges the customer for key handover after 7 p.m. € 30 or € 50 after 10 p.m..

13th Other provisions:
Jurisdiction for any disputes arising from the aforementioned agency contract is Palma de Mallorca, Balearic Islands. The ineffectiveness of individual provisions of the conciliation agreement shall not invalidate the entire contract.

 

SBM Schaak
Inmobiliaria Sebastian Schaak

C/ Pescadores 15 - 07670

Mallorca – Balearen - Spanien

Tel. +34 971 826064 - Fax +34 971 826068
info@immobilienportocolom.de
N.I.F.: X8156407D

No. Registro turistico de entrada L12E16405

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