Terms and conditions

DISCOVER & EXPERIENCE LTD

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE MAJORCADIRECT.COM

THESE TERMS AND CONDITIONS SET OUT THE TERMS AND CONDITIONS ON WHICH DISCOVER & EXPERIENCE LTD SHALL OFFER ACCESS TO ITS WEBSITE TO TRAVELLERS AND HOLIDAY PROPERTY OWNERS. YOU ACKNOWLEDGE THAT BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO CONTINUE WITH YOUR USE OF THE WEBSITE

1. DISCOVER & EXPERIENCE LTD, We, or Us means DISCOVER & EXPERIENCE LTD trading as Majorca Direct or MajorcaDirect.com, henceforth MajorcaDirect.com, company number 579521, with its registered office address, 6-9 Trinity Street, Dublin 2, Ireland and its associated companies. MajorcaDirect.com operates as an agent on behalf of property owners, hotels and Travellers and does not offer any property itself.

2. Website means the site found at MajorcaDirect.com, which is operated and maintained by DISCOVER & EXPERIENCE LTD, providing the Services.

3. Services means those services offered on the MajorcaDirect.com website which include, but are not limited to, providing accounts for Travellers and THE HOLIDAY PROPERTY OWNER, giving details of the properties & hotels available for occupancy, showing availability, and the provision of a booking service.

4. HOLIDAY PROPERTY OWNER means a person who creates an account on the website and represents to MajorcaDirect.com and other parties that he/she has the right to make a property or hotel accommodation available for occupation by Travellers.

5. Traveller means a person who creates an account on the website and reviews or books a property or hotel accommodation with the intention of occupation for the period agreed in the booking through our website. 

6. The terms “users” or “you” as used in these terms and conditions refer to both the HOLIDAY PROPERTY OWNER and Travellers who use the website to look for properties to rent (“Traveller”), and to property owners, hotel owners and property managers (“Owners”) who list their properties for rent on the website.

7. Property means a house, apartment or hotel  advertised on the website by a HOLIDAY PROPERTY OWNER as being available for rent.

8. Hotel means a hotel accommodation or bed & breakfast accommodation available for rent. 

9. Website terms means these terms or conditions under which access is provided to the website MajorcaDirect.com.

10. Account means the unique ID created by a user, HOLIDAY PROPERTY OWNER, hotel or Traveller in order to use the website, containing information about and linked to a specific individual or hotel owner. Users must register to create an account with "MajorcaDirect.com". You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. DISCOVER & EXPERIENCE LTD reserves the right to suspend or terminate your MajorcaDirect.com account and your access to the website if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MajorcaDirect.com account, whether or not you have authorised such activities or actions. You will immediately notify MajorcaDirect.com of any unauthorised use of your MajorcaDirect.com account.

11. "Listing" means a property, house, apartment or accommodation that is listed by a HOLIDAY PROPERTY OWNER as available for rental via the website, application or app.

12. MajorcaDirect.com does not currently charge fees for the creation of listings. However, you, as a HOLIDAY PROPERTY OWNER, acknowledge and agree that MajorcaDirect.com reserves the right, in its sole discretion, to charge you a fee for the creation of listings.

13. Booking means any agreement between a HOLIDAY PROPERTY OWNER and a Traveller or other party for occupation of the property.

14. MajorcaDirect.com charges the service fees, and taxes may also be charged in respect of the HOLIDAY PROPERTY OWNER’s fees and Traveller’s fees. 

15. MajorcaDirect.com payments deduct the HOLIDAY PROPERTY OWNER’s fees from the accommodation fees before remitting the balance to the HOLIDAY PROPERTY OWNER as described in these terms. 

16. "Traveller fees" means the fee that MajorcaDirect.com charges a Traveller for the use of the services, which is calculated as a percentage of the applicable accommodation fees. The Traveller fees will be displayed to the Traveller prior to sending a booking request to a HOLIDAY PROPERTY OWNER.  

17. "Accommodation rental fees" means, collectively, the accommodation fees, plus any taxes paid by a Traveller in exchange for that Traveller's stay at an accommodation. The HOLIDAY PROPERTY OWNER may, in his or her sole discretion, decide to include in these amounts a cleaning fee or any other fee permitted on the MajorcaDirect.com platform.  

18. Booking deposit means a percentage figure that the HOLIDAY PROPERTY OWNER may choose to include in the total of the booking fee and any additional Traveller fees.

19. Cancellation policy means the policy regarding Traveller cancellations selected by the HOLIDAY PROPERTY OWNER, which alters the amount of notice a Traveller is required to give for a cancellation before the Traveller becomes liable for the full booking fee.

20. MajorcaDirect.com will act as a limited payment collection agent of each HOLIDAY PROPERTY OWNER for the purpose of accepting payments from Travellers on behalf of the HOLIDAY PROPERTY OWNER. We will notify the HOLIDAY PROPERTY OWNER when payment is received and made by the Travellers, and provide them to the HOLIDAY PROPERTY OWNER when the final payment is  made. 

21. MajorcaDirect.com does not guarantee payments to the HOLIDAY PROPERTY OWNER for the amounts that have not been successfully received by MajorcaDirect.com payments from Travellers. In accepting the appointment as the limited authorised agent of the HOLIDAY PROPERTY OWNER, MajorcaDirect.com payments assumes no liability for any acts or omissions by the HOLIDAY PROPERTY OWNER.

Limited Liability

22. Travellers and the holiday property owner agree, without any limitations, to accept the entire risk arising out of your access to and use of the website “MajorcaDirect.com" operated by Discover & Experience Ltd, its applications, “apps”, and your listing or booking of any accommodations via the website. 

23. Travellers and the holiday property owner agree, without any limitations, that you are solely responsible and liable for all activities on the website or in person undertaken through the use of your account on the website MajorcaDirect.com.co.uk.

24. Neither MajorcaDirect.com nor its partners will be liable for any incidental or consequential damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the website.

25. Neither MajorcaDirect.com nor its partners will be liable for any contact you have with other users of MajorcaDirect.com. Your interactions or meetings with other users, whether in person or online, whom you communicate or interact with as a result of your use of the website, from your listing or booking of any accommodation via the website, are solely your responsibility.

26. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms of use or arising out of any claim that you have breached any provision of these terms of use.

27. You may request to cancel your membership on the website at any time after registration. 

28. You may request to cancel your membership on the website at any time during the registration process.

29. We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

30. Licence to use the website: Unless otherwise stated, we or our licensors own the intellectual property rights in the website and the material on the website. 

31. Subject to the licence below, all these intellectual property rights are reserved.

32. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

35. Republish material from this website (including republication on another website).

36. Sell, rent or sub-license material from the website.

37. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.

38. Edit or otherwise modify any material on the website.

39. Redistribute material from this website except for content specifically and expressly made available for redistribution, such as property listings and our newsletter.

Acceptable use

40. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities, including, without limitation, scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.

41. Restricted access: Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed, our whole website, at our discretion. If we provide you with a user ID and a password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password are kept confidential.

42. We may disable your user ID and password at our sole discretion without notice or explanation.

43. User generated content: In these terms of use, "your user content" means material including, without limitation, text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose.

44. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.

44. You also grant to us the right to sub-license these rights and the right to bring an action for the infringement of these rights. You warrant and represent that your user content will comply with these terms of use.

45. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action, whether against you or us or a third party (in each case, under any applicable law).

Trade marks

46. Our logos are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

47. The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of any such rights, and as such, we cannot grant any licence to exercise such rights.

48. Competitions: From time to time, we may run competitions, free prize drawings and/or other promotions on our website. They will be subject to separate terms and conditions that we will make available to you as appropriate.

49. Variation: We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

50. Assignment: We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

51. Severability: If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

52. Exclusion of third party rights: These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

53. Entire agreement: These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

54. Law and jurisdiction: These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Our details

The full name of our company is DISCOVER & EXPERIENCE LTD. We are registered in the Republic of Ireland under registration number 579521 Our registered address is 6-9 Trinity Street, Dublin 2, Ireland. You can contact us by email at contact@majorcadirect.com.