Terms and Conditions of Business

1. OUR AIM AND YOUR ACCEPTANCE OF THESE TERMS

We are aware that your Home on Mallorca is important to you and that choosing the right property Management Service is Paramount.

As such, at BPS Mallorca, we aim to offer all of our clients a professional and quality service coupled with a personal touch and tailored to your needs.

As a start, we hope it is helpful to you to set out in this statement the basis on which we will provide our property management services to you.

Please read these terms and conditions carefully and return a copy to us duly signed.

You will have been deemed to accepted these terms and conditions of business if, having received these terms, you continue to instruct us without signature.

2. OUR SERVICE COMMITMENT TO YOU.

We will always:

Act in your interest and keep your business and personal information private and confidential.

Explain to you the work which believe may be required on your property and discuss with you, the prospects of a successful outcome.

Keep you regularly informed of the outcomes of maintenance checks and discuss with you work that we believe is required.

Deal with your queries promptly, for example, we will always try to return your telephone calls and emails within 24 hours.

Try to avoid using technical language when writing to you

3. OUR HOURS OF SERVICE AND OFFICE ADDRESS

The normal hours of opening at our offices are between:

09.00am and 5.00pm Monday to Friday.

Our office Address is: –

Avinguda del Rei Jaume I – 64b
07180 Santa Ponsa
Tel: (+34) 971 69 51 64

Where it is necessary to contact us outside of these hours you can do so on:-
Tel: (+34) 680 98 68 57

We will always try to accommodate appointments with our clients outside of our general working hours.

4. OUR RELATIONSHIP WITH YOU

Our Property Management Services are provided solely to you as the client and for the purposes of this engagement. No third parties shall have the right to rely on or enforce any term of our agreement with you.

We may sometimes need to take instructions from one person on behalf of the others, for example, because it is more convenient for one of you to deal with us, or because the matter needs to be dealt with quickly and you authorise us to do this without needing to confirm them with all of you.

5. KEEPING YOU INFORMED

During our business relationship we will contact you by either email, telephone or post.

Please always read everything we send you carefully, raise any questions or problems you may have in writing in order that both parties have a record of your concerns.

6. OUR FEES

We charge a fixed monthly fee for our Property Management service. The property management fee will be negotiated with you separately and will depend on the services that you require during your absence from the Island. Subject to the frequency of the agreed property checks between you the Client and BPS, the property will be regularly checked internally for leaks, damage and pest infestation. Windows and doors will be opened when necessary to air the property.

Sinks, baths and showers will be run and toilets flushed to ensure the water traps stay full. Lights will be checked along with fridges and freezers. Plants will be watered where required and the post box will be emptied and post either set aside or opened, subject to your instructions.

Externally, the perimeter fence, gates and outbuildings will be checked for damage and security lights and cameras will be visually inspected. Subject to being given sufficient notice of you or one of your friends or family´s arrival on the island, BPS will check the functioning of Air conditioning units and boilers.

Our Management fee also includes instructing Tradesmen, when instructed by you to do so and when it is part of the maintenance services, Such as Airconditioning repair and other service agents and pool and garden maintenance and tradesmen for example.

In addition to the monthly property management fee BPS can provide additional services through our respective house staff members and / or Tradesmen and Women that we have personally vetted.

These fees are charged additionally:-

Gardening Services

General garden maintenance

30.00€ Per Hour

Landscaping

To be quoted

 

Pool Services

Pool Cleaning Services

30.00 per hour

 

Cleaning Services

General Cleaning Services

25.50 Per Hour

Window Cleaning Services

27.00 Per Hour

Terrace Cleaning Services

27.00 Per Hour

 

Maintenance Services

Small Maintenance Repairs

30.00€ Per Hour

 

Non-Resident Tax Returns

Submission Non-Resident Taxes

90.00€ Item

 

Laundry Services

Sheets

Wash & Dry

+ Ironing

Single 90cm

2.75

1.53

Double 135/140-cms

3.94

1.86

King Size 150/160cm

4.92

2.32

Super King Size <18

5.66

3.11

Duvet Cover

Wash & Dry

+ ironing

Single

4.36

1.72

Double

5.44

2.11

King Size

6.46

2.75

Super King Size

8.38

3.46

Pillowcases

Wash & Dry

+ ironing

Small (Ikea)

1.34

0.66

Standard

1.66

0.89

Large

2.33

1.38

Mattress Protectors

Wash & Dry

+ ironing

Single

4.36

Double

5.54

King Size

6.51

Super King Size

8.38

Bath Matt

Wash & Dry

+ ironing

Towelling Type

2.41

Luxury

6.22

Towels

Wash & Dry

+ ironing

Face Cloth

0.66

Hand Towel

2.23

Bath Towel

3.56

Large Bath Towel

5.81

Tea Towel

0.66

0.56

Collection Laundry

2.50

Delivery Laundry

2.50

 

Meeting and Greeting Your Clients

Days

8am–6pm

6pm-12pm

12pm-8am

Weekdays

60.00

100.00

140.00

Saturdays

60.00

100.00

140.00

Sundays

100.00

140.00

140.00

Bank holidays

100.00

140.00

140.00

 

Our Fees will be revised annually and, if there is any increase in our fees, we will notify you 1 month in advance of any increase taking place.

Where the additional work undertaken does not have a fixed price structure, the amount will default to our hourly charging rate and will be:

Attendance: 35.00€ per hour

Preparation: 35.00€ per hour

Travel/waiting time: 25.00€ per hour

Telephone calls (in/out): 4.50€ per item

Letters (in/out): 4.50€ per item

Emails (in/out): 4.50€ per item

All prices quoted are subject to IVA (VAT) at the Prevailing rate.

7. PAYMENTS MADE ON ACCOUNT AND INVOICING FOR OUR FEES

At BPS we operate a Client Account where all of our clients are requested to keep a balance of 1000.00€ in Credit. We operate this system so that we can and invoicing.

We will Issue you an invoice for your general monthly management fees, on or around the 15th of each month. You will be able to view this invoice on your client Portal. We will pay This Invoice from the amount that you have paid on account and you authorise us to do so, by way of this agreement.

For all items other than your monthly management fee, we will issue an invoice at the end of the month for these items. This Invoice will be paid from the credit balance made on account. We would suggest that you check the balances of these amounts and send to our dedicated client account, the same amount each month.

It is the responsibility of the client to ensure that your account is always in credit and you should never allow your account to drop below 500.00€ to ensure that we have funds on account in the event of an emergency, such as a plumbing need or for an electrical issue.

Where you have instructed us to undertake a project or reform, we will need to ensure that we have sufficient funds on account to be able to pay for the licences and cover the costs of the works.

8. SETTLING OUR FEES

As stated above, invoices will be issued on or around the 15th of each month for general Fees and at the end of the Month for additional fees.

Where the matter is a lengthy transaction such as Project management or a reform interim invoices may be issued from time to time.

All invoices are due on the date that they are issued. A 15% surcharge will be added to invoices where there are insufficient funds to pay that Invoice.

In any event, whatever the matter, all invoices must be settled within 7 days from the date of issue. Unless and without prior arrangement, where our fees remain outstanding for longer than 7 days, from the date of issue, no further work will be undertaken in respect of your property and the services of BPS Mallorca will cease immediately without warning.

9. DATA PROTECTION

We will always keep your data strictly private and confidential. We are committed to ensuring that all of our employees and associates are fully trained in the area of data protection and none disclosure of sensitive information. We will only use your data for the purpose of which it was given and we will not sell, transfer or give your data to any third parties.

You can read our full Privacy Policy here

The Client hereby acknowledges and agrees that BPS Mallorca or any of its affiliates may process sensitive personal data about you the client. The client hereby gives his or her personal consent to the service provider to process any such personal and/or sensitive data. The client also hereby provides explicit consent to the transfer of any such personal and/or sensitive data outside of the country in which he or she is providing services.

10. EQUALITY & DIVERSITY

We are committed to promoting equality and diversity in all of its dealings with clients, third parties, employees and consultants.

11. LIMITATION ON LIABILITY

1.All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
2 Nothing in this Agreement limits or excludes the liability of the Service provider for:

2.1 death or personal injury resulting from its negligence; or
2.2 fraud or fraudulent misrepresentation.
3 Subject to clause 1 and clause 2:
3.1 BPS Mallorca will not under any circumstances whatever be liable for:

3.1.1 Consequential or incidental damages including loss of profits and income, loss of savings, loss of faculties and core equipment, loss of good will, damages to reputation and loss of opportunities, direct or indirect damages, business interruption and punitive damages.
3.1.2 Any special, indirect or consequential loss, costs, damages, charges or expenses, income, savings and punitive damages.

3.2 the Service Provider´s total liability arising under this agreement in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Agreement shall in all circumstances be limited to a maximum amount of the costs charged by BPS Mallorca to the client, under the provision of this agreement, to a maximum period of 12 months.

Under no circumstances shall BPS Mallorca service provider, its Partners, Employees or associates, be liable for any loss, damage, costs or expense arising in any way from or in connection with fraudulent acts or omissions, misrepresentation or wilful default on the part of our client(s), the person, company, institution or their legal representative.
12. COMPLAINTS

In the unlikely event that you should have a complaint against our service then please do take your complaint up initially with the person with who your complaint is directed. If you feel that the issue remains unresolved please put your complaint in writing and email your complaint to richard@bpsmallorca.com. Your complaint will be investigated and we will respond to you fully within 10 days of your complaint being received.  Our full complaints procedure is available on request.

13. APLICABLE LAW

In the unlikely event that there is a dispute arising out of these terms and conditions of business, then both parties agree that these issues will be settled under the jurisdiction of the courts of Palma de Mallorca, Spain.

14. TERMINACION OF THE CONTRACT

These terms and conditions may be terminated by either party serving 1 (one) calendar month´s written notice on the other party.