General Terms and Conditions

Area of application

mallorca-bay.com shall publish advertisements on www.mallorca-bay.com on the advertiser's behalf as part of its efforts to market private classified ads in online media. All tasks in this area are subject to the following General Terms and Conditions.

Release for publication

mallorca-bay.com has the right to process, correct and alter ads published on www.mallorca.bay.com, in as far as this is necessary or advisable for optimal implementation. However, mallorca-bay.com shall be under no obligation to do so. mallorca-bay.com shall particularly have the right to make alterations to measurements. If nothing else has been agreed, the advertiser shall be charged for any corrections, alterations or processing necessary for optimal implementation on the basis of the time spent.

mallorca-bay.com shall inform the advertiser of when the advertiser himself/herself can accept the order. The advertiser shall accept the order immediately after this information has been provided and no later than within 24 hours. The acceptance shall be repeated in as far as complaints have been made known within 24 hours. Otherwise the advertisement shall be deemed accepted.

It is not possible to exclude competitors. mallorca-bay.com itself, however, reserves the right to refuse to publish advertisements that are not in the interests of mallorca-bay.com.

Complaints – of whatsoever kind – must be made in writing immediately after a fault has been discovered. If faults should be found that have been caused by mallorca-bay.com, mallorca-bay.com shall provide compensation in the form of additional free advertising space to the extent that the purpose of the advertisement has been compromised.

In the case of word advertisements mallorca-bay.com expressly reserves the right to refuse the advertisements for publication. In the case of word advertisements that are free of charge no reasons need be given for the refusal.

Legal responsibility

The advertiser guarantees that the contents of the advertisements shall not be contrary to applicable Spanish German and EC law, that they shall not breach any statutory or administrative prohibitions and shall not offend the rules of common decency. Responsibility for the contents of the advertisements shall lie solely with the advertiser. The advertiser guarantees that the publication of the advertisement will not infringe the rights of third parties. The advertiser shall indemnify mallorca-bay.com and hold mallorca-bay.com harmless against all claims made by third parties due to failure to observe the above rules. mallorca-bay.com has the right to examine the contents of the advertisements, but is under no obligation to do so. mallorca-bay.com has the right to immediately remove advertisements that offend the foregoing provisions and links that lead to contents that are unlawful, are in breach of statutory or administrative prohibitions or that offend the rules of common decency No prior warning shall be required. mallorca-bay.com shall immediately notify the advertiser of such a measure. The advertiser shall nevertheless be obliged to pay the contractual price unless the advertiser proves that mallorca-bay.com has removed the advertisement without just cause. The advertiser shall have no further claims to compensation or damages.

Terms of payment

For the placement of its advertisement the advertiser shall pay a fixed price, either by agreement or a price taken from the applicable price list.

The invoice shall be issued after receipt of the order. The price shall be due for payment prior to the publication of the advertisement, without any deductions being made.

If an order is placed for an advertisement and such an order is not executed, either in part or in full, for reasons that are not the fault of mallorca-bay.com, the advertiser must pay the full price for the advertisement. It shall not be permissible for the advertiser to assign or resell claims under the advertisement contract to third parties.

In the case of late payment or deferment of payment default interest shall be charged at the normal bank rates. Collection fees shall also be charged. In the case of late payment mallorca-bay.com may postpone any further execution of the current advertisement order until final payment has been made and may demand advance payment for the remaining invoices during the placement period that has been booked.

It is not permissible for the customer to withhold payments due to counter-claims under other contractual relationships.

Price adjustments

mallorca-bay.com has the right to adjust the agreed prices. mallorca-bay.com shall notify the advertiser of a price adjustment by email one month before the date of the change. In this case the advertiser shall have the right to object to the increase in writing for a period of up to two weeks before the date that the increase takes effect. If the advertiser does not exercise his/her right to object to the increase, the new prices shall apply from the date that the increase takes effect. If the advertiser objects to the increase, mallorca-bay.com shall have the right to terminate the contract without notice so that it ends on the date that the increase takes effect.

mallorcabay.com's liability

mallorca-bay.com is only liable for damage caused by mallorca-bay.com itself or by one of its agents if such damage is due to gross negligence or has been caused intentionally. mallorca-bay.com is not liable for consequential damage and lost profits, particularly due to a positive breach of contract.

In placing the order the advertiser confirms that he/she has rightfully acquired all rights of use necessary for distribution over the internet or in an online service from all owners of copyrights, trade mark protection rights, ancillary copyrights, personal rights and other rights in respect of the files that the advertiser provides (such as texts, photos, graphics, sound carriers, video tapes, etc.). Advertisers who place orders for a word advertisement acknowledge in placing their order that they bear sole liability for the contents of their ads and that they shall indemnify mallorca-bay.com against all claims made due to the contents of the advertisement, including claims made by third parties.

mallorca-bay.com is not liable for damage that mallorca-bay.com could not have foreseen or that are the advertiser's responsibility.

mallorca-bay.com's liability for the replacement of data is also be limited in that mallorca-bay.com shall only be liable if the advertiser has ensured that the data from the data material kept in machine-readable form, can be reconstructed with reasonable effort. The foregoing provisions regarding liability apply to both contractual and extra-contractual claims.

mallorca-bay.com shall not be liable for the products and services of third parties and gives no guarantee that they will work.

Confidentiality and data protection

The Contracting Parties undertake to treat all information and data that they receive from the other Contracting Party in connection with the performance of this Agreement as confidential and not to make such information and data available to third parties. This obligation shall continue even after the contract has come to an end.

In accordance with the provisions of the Data Protection Act the advertiser is hereby informed that mallorca-bay.com will store the advertiser's data in machine-readable form and mechanically process such data for the purposes of this contract. mallorca-bay.com has the right to pass on this data in as far as this should be necessary to the extent that mallorca-bay.com uses the services of third parties in order to provide its services.