General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
SEAFRONT PROPERTIES MALLORCA S.L.
1. Provider
SEAFRONT PROPERTIES MALLORCA S.L. Ronda Migjorn, 145B, 07620 Llucmajor – Spain CIF: B16602278 Tel.: +34 971 628 850 E-mail: immo@todo-mallorca.es
2. Scope
These GTC apply to all contracts, services and activities of SEAFRONT PROPERTIES MALLORCA S.L. (hereinafter “SEAFRONT PROPERTIES”) with clients, prospective buyers and principals – regardless of whether the service is provided in the area of property brokerage, property management or both. The client’s own terms and conditions do not apply unless expressly confirmed in writing. Individual agreements take precedence.
3. Overview of service areas
SEAFRONT PROPERTIES is active in two fields:
Area A – Property brokerage: identification and brokerage of properties for purchase, sale, long-term or short-term rental. Area B – Property management: care, inspection and coordination services for properties in Mallorca within the scope of booked service packages.
A client may use both areas simultaneously. In this case, the area-specific provisions apply alongside each other.
4. Third-party involvement & ¡TODO! Mallorca CB
For administrative errands and official procedures – in particular ITV service, application and management of the NIE, preparation and submission of the Modelo 210 and other official matters – SEAFRONT PROPERTIES works together with ¡TODO! Mallorca CB (CIF: E5692136). These services are provided, invoiced and carried out exclusively by ¡TODO! Mallorca CB. The client enters into a separate contract with ¡TODO! Mallorca CB for these services. SEAFRONT PROPERTIES assumes no liability for these services.
For trade services, cleaning, pool and garden maintenance and other works beyond the scope of the property management packages, SEAFRONT PROPERTIES may engage suitable subcontractors. The client will be informed accordingly. Liability for the services of these third-party providers is governed by their own terms and conditions; SEAFRONT PROPERTIES is only liable for careful selection and coordination.
5. Area A – Property brokerage
5.1 Activity
SEAFRONT PROPERTIES acts as a property agent and broker. Its activity includes the identification and brokerage of properties, the provision of property information and support in communication between the contracting parties. No specific economic outcome – in particular purchase, sale, rental or financing – is guaranteed.
5.2 No obligation to verify or advise
SEAFRONT PROPERTIES assumes no obligation to carry out legal, structural, tax or technical verification of properties. In particular, no liability is accepted for planning permissions, rights of use and habitability certificates, land registry or cadastral entries, details of floor area, measurements, year of construction or fittings, or for structural condition, defects, encumbrances or value development. The client is obliged to verify all details independently or through specialists.
5.3 Property information & exposés
All property information is based on details provided by third parties (owners, developers, authorities). It is non-binding and does not constitute guaranteed characteristics. Changes, prior sale or prior letting are reserved.
5.4 New builds & project developments
For new-build projects, off-plan properties or developer properties, SEAFRONT PROPERTIES accepts no liability for completion, construction quality, construction deadlines, developer guarantees or economic viability.
5.5 Commission
The amount of commission is determined individually in the respective marketing mandate or brokerage agreement. All commissions are subject to the applicable IVA (currently 21%).
Commission liability depends on the type of transaction:
In the case of a sale, the seller bears the commission. In the case of long-term rental, the landlord bears the commission. In the case of short-term rental, the tenant bears the commission, provided they were introduced by SEAFRONT PROPERTIES.
5.6 Circumvention protection
A right to commission arises as soon as a contract is concluded as a result of the activity of SEAFRONT PROPERTIES – including where the contract is concluded through third parties or associated persons, where the conclusion is delayed in time, or where the transaction is economically equivalent. Circumvention protection applies for a period of 24 months from the last verifiable contact (e.g. viewing, sending of exposé, email correspondence).
5.7 Exclusive mandates
Exclusive marketing mandates may be agreed individually. The minimum term in such cases is 6 months. The specific conditions are set out in the respective marketing mandate.
5.8 Confidentiality
All documents, exposés and information are confidential. Passing them on to third parties is prohibited and may give rise to a claim for commission.
5.9 Deposits & purchase price payments
Deposits and purchase price payments in the context of property brokerage are processed via notarial escrow accounts. SEAFRONT PROPERTIES is neither custodian nor trustee of these funds and accepts no liability for their administration.
6. Area B – Property management
6.1 Scope of services
SEAFRONT PROPERTIES provides care, inspection and coordination services to the best of its professional ability within the scope of the respective booked service packages (service contract). Unless expressly agreed otherwise, no specific result is owed.
6.2 Service limitations
Not included in the package scope are in particular guest management and holiday letting. Services such as garden maintenance, cleaning, pool care, tradesperson coordination and other works are additional services and are commissioned and invoiced separately. Official errands are handled exclusively by ¡TODO! Mallorca CB (see clause 4).
6.3 Client’s obligations to cooperate
The client ensures the necessary access to the property (keys, codes, remote controls) and informs SEAFRONT PROPERTIES immediately of any relevant changes. The client communicates any special features of the property (alarm systems, water and main switches, technical installations, etc.) and provides clear budget guidelines and instructions. Unless otherwise agreed, SEAFRONT PROPERTIES is entitled to arrange urgent measures to mitigate damage up to an emergency budget of €300 incl. IVA per incident. The client maintains appropriate buildings and liability insurance for the property. SEAFRONT PROPERTIES does not provide advice on legal or insurance matters.
6.4 Documentation
Property inspections are documented in record form (e.g. photo and brief reports). This documentation serves as condition information and does not replace a technical inspection or expert assessment.
6.5 Contract term & termination
Property management is provided without a fixed minimum term. The contract may be terminated by either party with one month’s notice to the end of the month in text form (e.g. by email or WhatsApp). Services already rendered or commenced will be properly invoiced. The right to terminate without notice for good cause remains unaffected – in particular in the event of repeated late payment, inaccessibility of the property or serious breaches of duty.
6.6 Right of withdrawal
Where a statutory right of withdrawal exists under Spanish law (RDL 1/2007) for distance contracts, this applies for a period of 14 days from the date of conclusion of the contract. If the client exercises the right of withdrawal after services have already commenced at their express request, they bear the reasonable costs for services rendered up to that point. The right of withdrawal expires once the service has been fully rendered and the client has been expressly informed in advance of this expiry.
7. Prices, payment & default
All prices are subject to the applicable IVA unless otherwise indicated. Invoicing is carried out monthly or per service by invoice. The invoice amount is due within 7 calendar days of receipt without deduction.
The following payment methods are available:
SEPA direct debit (Domiciliación bancaria): the client may grant a SEPA direct debit mandate. Collection takes place with a pre-notification of at least 3 banking days. The client ensures sufficient funds; returned debit costs are borne by the account holder where attributable to them. Bank transfer to the Spanish business account of SEAFRONT PROPERTIES. Cash payment, exclusively upon personal handover. PayPal, where applicable plus any PayPal fees incurred.
In the event of late payment, SEAFRONT PROPERTIES is entitled to charge default interest at the statutory rate and to withhold services until payment is received in full.
8. Liability
SEAFRONT PROPERTIES is liable without limitation for intent and gross negligence, as well as for injury to life, body or health. In the event of simple negligent breaches of duty, SEAFRONT PROPERTIES is 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. In the area of property brokerage, liability is additionally limited to the amount of commission paid. For services provided by subcontractors and third-party providers, SEAFRONT PROPERTIES is solely liable for careful selection and coordination; the liability rules of the respective third-party provider otherwise apply.
9. Force majeure
In the event of force majeure or exceptional circumstances (e.g. storms, strikes, official requirements, pandemics, supply disruptions), agreed deadlines are extended by the duration of the disruption plus a reasonable start-up period. SEAFRONT PROPERTIES informs the client immediately of the occurrence of such circumstances.
10. Data protection
Personal data is processed in accordance with applicable law (GDPR, LOPDGDD). Details regarding purposes, legal bases, recipients, retention periods and data subject rights are set out in the current privacy policy of SEAFRONT PROPERTIES.
11. Dispute resolution
SEAFRONT PROPERTIES is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Competent consumer protection authority in the Balearic Islands: Dirección General de Consumo, Carrer de Jesús 38 A, 07010 Palma de Mallorca. EU online dispute resolution platform: https://ec.europa.eu/consumers/odr/
12. Applicable law & jurisdiction
Spanish law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is – where permissible – Palma de Mallorca. Mandatory jurisdictions at the client’s place of residence apply with regard to consumers. The contract language is German; versions in other languages are for information purposes only. In the event of differences in interpretation, the German version shall prevail unless mandatory Spanish law provides otherwise.
13. Assignment & set-off
Rights and obligations under this contract may only be transferred with the express consent of SEAFRONT PROPERTIES. SEAFRONT PROPERTIES may assign payment claims without the client’s consent. Set-off is only permissible against undisputed or legally established claims.
14. Amendments to these GTC
SEAFRONT PROPERTIES may amend these GTC with effect for the future, in particular in the event of changes in law or service adjustments. Clients in ongoing contractual relationships will be informed at least 6 weeks before the amendments take effect. If the client does not object by the effective date, the amendments are deemed approved; specific attention will be drawn to this. In the event of material disadvantages, the client may terminate the contract extraordinarily.
15. Severability clause
Should individual provisions of these GTC 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 of the invalid provision shall apply.