Agency terms & fees
Scope and instruction
These terms describe the proposed agency services of Bellavista Real Estate S.L. in Mallorca and Ibiza. They become contractual only if supplied before instruction and validly agreed. Visiting the website, making an enquiry, registering, requesting a brochure or attending a viewing does not by itself create a payment obligation. An individual instruction records scope, property, fee, payer and due date. Individual variations remain subject to mandatory law.
Sales: 5% plus IVA
The agreed sales commission is 5% of the purchase price stated in the notarised deed, plus 21% Spanish VAT (IVA) on the commission: 6.05% of the purchase price in total. The seller pays unless another lawful arrangement is expressly agreed before instruction. An enquiry alone does not create a buyer fee. Example: a €1,000,000 sale produces a €50,000 net fee + €10,500 IVA = €60,500 total.
Long-term rentals: two monthly base rents plus IVA
The agreed fee is two months of the advertised monthly base rent specifically recorded in the agency instruction, plus 21% IVA on the fee. Deposits, service charges, utilities and extras are excluded from this basis. The applicable advertised amount and validity are recorded when instructed; later online price changes cannot change the basis unilaterally. A subsequently negotiated rent changes the expressly agreed fee basis only if agreed accordingly. Example: a €3,000 monthly basis produces €6,000 fee + €1,260 IVA = €7,260 total.
Who pays for residential letting?
For tenancies governed by Article 20 LAU, agency and contract-formalisation costs cannot be charged to the tenant, directly or indirectly under another name. They are borne by the landlord. A general “unless otherwise agreed” clause cannot override that prohibition. Seasonal, tourist and other special uses must be classified by their actual purpose and applicable law, not merely a “long-term” or “seasonal” label. A tenant fee is not imposed solely because of that label.
Weekly and holiday rentals
The owner pays 25% of the accommodation-only rent plus 21% IVA on that commission, totalling 30.25% of that rent. The guest pays an additional processing fee of 3.7% of the accommodation-only rent, already including the 21% IVA on that fee. No further IVA is added to the 3.7%. Both fees are separately and transparently agreed. The owner commission is not charged again as an extra guest fee.
Calculation and holiday-rental total
Both percentages apply to the agreed accommodation-only rent for the stay, excluding refundable security deposit, tourist tax, cleaning and other extras. Example: €10,000 accommodation rent gives an owner commission of €2,500 + €525 IVA = €3,025. The guest fee is €370 including IVA (rounded: €305.79 net + €64.21 IVA). Accommodation and guest fee total €10,370, plus only further lawful amounts disclosed in advance. A multiweek stay uses the full accommodation rent for that stay. Before commitment, the bookable total includes all calculable mandatory costs. Tax treatment of the accommodation itself depends on the actual supply and is distinct from IVA on agency services.
Entitlement and payment – proposed individual-contract rule
A fee requires a valid paid instruction, the agreed agency service and the successful outcome required by that instruction. Proposed standard triggers are: notarised completion for a sale; binding signature of the introduced tenancy for long-term rental; and a binding confirmed booking plus performance of the agreed agency/processing service for holiday rental. Payment follows those conditions and invoicing on the date agreed in the individual instruction. Advances, deductions from collected rent or fees due on reservation or arras require a separate transparent agreement; this website does not establish them.
Refunds, cancellation and failed transactions
A lawfully earned fee for properly performed agency work is generally not refundable merely because the parties later voluntarily cancel the validly arranged main contract or the customer no longer wishes to use it. This applies only where the specific instruction and mandatory law sustain the entitlement. It does not exclude refunds where no fee was earned, overpayment occurred, statutory withdrawal/refund rights apply or Bellavista is responsible for a breach. Unperformed services are not subject to an unconditional non-refundable fee in all circumstances. Accommodation cancellation, rent refunds and security-deposit returns are addressed separately with the relevant contracting party, without bypassing statutory rights.
Consumer withdrawal for distance and off-premises contracts
A consumer agency contract concluded online, by phone, email or off-premises may carry a statutory withdrawal period generally of 14 calendar days from contract conclusion. Certain unsolicited home visits or promotional excursions have 30 days. The appropriate notice and model form must be provided before contracting on a durable medium; missing information can extend the period. For paid services, the right expires on complete performance only where statutory conditions are met, including prior express consent to early performance and acknowledgement of losing withdrawal rights on full completion. A privacy or general-terms checkbox alone does not replace these declarations. Lawfully requested early performance may give rise to a proportionate statutory charge on withdrawal. Date-specific accommodation has particular exceptions which cannot automatically be extended to a separate agency contract.
How to withdraw
Where the right applies, send an unequivocal statement to Bellavista Real Estate S.L. at info@bellavista-mallorca.de or the postal address confirmed in the current instruction. Suggested form: “I withdraw from my contract for the following agency service: […]. Contract date: […]. Name and address: […]. Date: […].” Sign only if submitted on paper. Sending the notice within the applicable period is sufficient. Statutory refunds are made without undue delay, normally within 14 days of notification, using the original payment method unless expressly agreed otherwise at no cost; lawful proportionate remuneration remains unaffected.
Scope, cooperation and other expenses
Bellavista intermediates and coordinates within the agreed scope. Title, construction, tax, finance and legal investigations are included only under an express separate instruction and may require qualified specialists. Clients provide necessary complete and accurate information. Notary, registry, tax and external-adviser costs and special extras are excluded unless expressly included. Additional paid services require prior agreement. These terms create no automatic exclusivity, renewal or blanket post-termination commission.
Liability, complaints and applicable law
Statutory liability applies. Intentional wrongdoing, gross negligence and liabilities which cannot lawfully be excluded are not subject to a blanket exclusion. Send complaints to info@bellavista-mallorca.de. Spanish law applies without removing additional mandatory consumer protection applicable under conflict-of-laws rules. Statutory jurisdiction remains unaffected. This working draft is not a substitute for an individually agreed agency instruction.