OWNER'S GENERAL RENTAL CONDITIONS

Mystique Ibiza in the power of BLOCK VALUE LTD, a Private Limited Company with Share Capital whose registered office is located at Ybsm Partners Ltd 44 Broadway Stratford London E15 1XHa nd whose VAT number is 13731288, (hereinafter, the "Representative") operates a website which can be accessed at https://www. mystique-ibiza.com, (hereinafter the "Website"), which allows owners/landlords of luxury properties (hereinafter the "Owners/Landlords" or the "Owner") to rent them on a seasonal basis to guests interested in booking them (hereinafter the "Guests" or the "Tenants").

Clause 1 - Purpose

The Owner grants the following powers to Mystique Ibiza, which accepts them:

Mystique Ibiza undertakes to display the Property on the Website, provided that Mystique Ibiza does not commit itself to the order of appearance of its principals' properties on the Website.

By signing this Power of Attorney, the Owner fully and unreservedly accepts the privacy policy mentioned on the Website.

Article 2 - Duties of the Collector

By virtue of the present delegation, Mystique Ibiza is authorised by the Owner to perform the following tasks:

- To take all measures, at its own expense, to achieve the desired search results and, in particular, to advertise the Property, at its convenience and by any means, especially by using photos of the Property displayed on the Website or on any other media or platform.

- To prepare the seasonal rental listings in accordance with Law 29/1994 of 24 November 1994 on Urban Leases (LAU) and the provisions of this contract. In the absence of any express rule or agreement, it shall be governed by the provisions of the Civil Code.

- To draw up any other private deed, receipt or invoice necessary for the fulfilment of the delegation.

- Request any document that may be necessary for the performance of the Representation.

- To organise such visits to the Property as he/she deems appropriate.

- To use all external assistance to successfully carry out the rental contract and to carry out any urgent or essential work to carry out and fulfil the rental contract (e.g. plumbing in the event of a leak, urgent electrical repairs) up to a maximum amount of 500 euros per repair and 1,000 euros per stay.

- Draw up and sign seasonal rental contracts with the prices and rental costs agreed with the landlord.

- Collect, but not limited to, all amounts for Rent (including 

rental charges and commissions), security deposits, deposits and, in general, all amounts collected as a result of the management of the Property.

- To notify the Owner immediately of any difficulties related to the fulfilment of the Delegation (such as a request for termination of the rental contract beyond the deadlines set out in the contract, or payment of the rent with a bad cheque) so that the Owner and Mystique Ibiza can jointly decide on the provisional precautionary measures to be taken.

- To notify the Owner as soon as possible when a Tenant wishes to rent the Property.

Mystique Ibiza will advise and assist the Owner throughout the duration of the Power of Attorney.

Mystique Ibiza will inform the Owner, whose Property is located in Ibiza, of the following:

(i) The obligation to make the aforementioned declaration subject to registration with the local authorities of the town in which the Property is located, in towns where the change of use of premises intended for residential use is subject to prior authorisation. This reporting obligation applies both to Properties that are the primary residence of the Owner and to Properties that are the secondary residence of the Owner.

(iii) The obligation to provide Mystique Ibiza with a declaration of honour confirming compliance with its advance reporting obligations, indicating whether or not the Property is its principal residence within the meaning of Law 29/1994, of 24 November, on Urban Leases (LAU).

(iv) The obligation to provide Mystique Ibiza with the tourist licence number issued by the local authorities of the town in which the Property is located.

Article 4 - Obligations of the Owner

The Owner undertakes to:

- Obtain all necessary permits and submit all declarations required to authorise the seasonal rental of the Property.

- Immediately notify Mystique Ibiza and provide any useful supporting documents in the event of a change in the legal structure of the Owner and/or in the way the Property is managed.

- To authorise Mystique Ibiza to list for rent, exhibit and show the Property to potential Tenants. Therefore, the Owner shall allow Mystique Ibiza (i) to visit the Property throughout the term of the Proxy, provided that he/she is informed in advance of the dates of Mystique Ibiza's visits, and (ii) to take photographs of the Property and place them on the Website and in any other media that Mystique Ibiza deems appropriate (for marketing and/or media purposes such as brochures, articles, press releases, magazines and other platforms).

- To make available the Property, premises, annexes and facilities in accordance with the Information Sheet, clean and in good working order. The facilities of the Property must comply with the applicable standards and be suitable for the maximum number of guests that can be accommodated in the Property, as indicated in the commercial Information Sheet of the Property. In particular, the Owner must have regular maintenance carried out at least once a year by a company specialising in chimneys, flues, boilers, water heaters, bath heaters and radiators. He must also ensure that indoor plumbing, water and gas taps, faucets and bathroom fixtures and fittings are kept in perfect condition. The Landlord must also take all measures to prevent the presence of pests (insects, rodents, termites, etc.) by using the services of a specialised company if necessary.

- To provide the Tenant with exclusive use of the Property during the rental period set out in the rental contract once the Tenant has confirmed the rental dates with Mystique Ibiza.

- To notify Mystique Ibiza of any changes made to the interior or exterior of the Property or its surroundings that may affect the rental within fifteen (15) days of such changes.

- To notify Mystique Ibiza of any repairs or planned repairs inside or outside the Property or its surroundings of which the Owner is aware and which may affect the level of comfort of the rented Property or its surroundings as soon as possible before the rental period begins.

- To send the inventory of the furniture (with photos) made available to the Tenant in the Property, if available.

- Take out a comprehensive home insurance policy with extended rental cover for furnished accommodation for the rental period, covering in particular fire, water damage and theft of the Owner's personal belongings. 

Prior to renting the Property for the first time and as soon as possible at any time requested by Mystique Ibiza, the Owner must provide Mystique Ibiza with

(i) a certificate of insurance and

(ii) a copy of the signed insurance contract.

- To notify Mystique Ibiza as soon as possible of any compensation for loss that has occurred in accordance with the articles of Law 29/1994, of 24th November, on Urban Leases (LAU).

- To make available to the Tenants the following products: (i) new and high quality cleaning and toilet articles (toilet paper, towels, bath mats, soap, shower gel, shampoo) in a quantity proportional to the maximum number of guests that can be accommodated in the Property, (ii) basic pantry products; (iii) a minimum of two (2) sets of keys.

- To ensure that the Tenant may peacefully enjoy the Property during the rental period and to exempt the Tenant from any damage or defect affecting the Property that prevents its use, even if the Owner was not aware of this at the time of entering into the rental contract.

- To transmit to Mystique Ibiza any rental request from a former Tenant who has previously rented the Property through Mystique Ibiza. During the entire term of the Power of Attorney, the Owner shall not be authorised to re-rent the Property to a Tenant previously found by Mystique Ibiza without paying the agreed Commission. The Owner shall also refrain from making contact with a former Tenant who has previously rented the Property through Mystique Ibiza. Any breach of this clause shall oblige the Owner to pay compensation to Mystique Ibiza equivalent to twice the average retail price of one week's rental of the Property during the high season. To notify Mystique Ibiza as soon as possible when the Property is put up for sale. In this case, the Owner undertakes to entrust the sale of the property to the Representative within the framework of a sales mandate.

The Owner also undertakes to comply with the following obligations:

(i) Obtain all the necessary permits and submit all the declarations required to authorise the seasonal rental of the Property, especially the prior notification to the Town Hall of the town where the Property is located.

(iii) Submit as soon as possible to Mystique Ibiza the following elements: (i) a declaration of honour confirming compliance with their prior declaration obligations, indicating whether or not the Property is their main residence within the meaning of article 2 of Law no. 89-462 of 6 July 1989; (ii) where necessary, the declaration number issued by the local authorities (municipality) in accordance with article L. 324-1-1, paragraph II° of the French Tourism Code.

Article 5 - Responsibility

The Owner assumes full responsibility for the rental, in particular that the property complies fully with the information sheet to be drawn up by Mystique Ibiza and the description of the house shown on the Website.

If the Owner fails to make the property available to the Renter in accordance with the terms and conditions of the rental contract, the Renter shall be entitled to claim reimbursement of all or part of the Rent, taking into account the seriousness of the breach, as well as, where appropriate, compensation for damages caused by the breach. 

Mystique Ibiza declines all responsibility in this respect, especially with regard to the acts, actions, behaviour, culpable breaches or negligence committed by the Owner.

Mystique Ibiza shall in no case be considered the custodian of the Property and shall not be liable in the event of theft or damage to the Property.

responsible in the event of theft or damage to the rented Property by the Renter or third parties during the Renter's stay.

Article 6 - Confirmation of booking requests - Signing of the rental agreement

rental contract

6.1 Confirmation of booking requests

In accordance with Mystique Ibiza's General Booking Conditions, guests interested in booking the Property shall contact Mystique Ibiza (hereinafter referred to as the "Customer Advisor") to confirm availability and the current rate for the desired dates.

Once the Customer Advisor has contacted the guest, he/she will send an email to the Owner informing him/her of the guest's booking request and allowing him/her to accept or decline the booking request in writing for the requested dates.

The Owner is then invited to read, date and sign the special rental conditions sent by the Mystique Ibiza Customer Advisor handling the rental and to re-read the Information Sheet.

The Owner is then requested to specify by email any changes to the Property that have occurred since the entry into this Delegation or the last update of the Information Sheet that may affect the guest's booking request.

The manager shall have twenty-four (24) hours from receipt of the email from Mystique Ibiza to:

Any request for modification of the booking by the Hirer must be forwarded to the Manager for approval by Mystique Ibiza.

6.2 Signing of the rental contract

Once the Guest's rental request has been accepted by the Manager, Mystique Ibiza will draw up the rental contract on the basis of the booking request.

If the Owner has made changes to the rental conditions, Mystique Ibiza will mention them in the "Owner's special conditions" section of the rental contract.

If the Owner decides to rent the Property to another tenant before the expiry of the initial term or any extension by Mystique Ibiza, he/she must compensate the Guest and, where applicable, Mystique Ibiza for the losses suffered. The amount of compensation due to the Guest and Mystique Ibiza, where applicable, shall not be less than 20% of the total price of the stay.

Article 7 - Cancellation of reservations

7.1 Cancellation by the guest

If the Hirer cancels his/her booking, the amounts paid at the time of booking will not be refunded. They will also be liable for the cost of any additional services already paid to Mystique Ibiza to organise their stay.

However, if the Owner manages to find another Renter for the agreed dates, the Owner may waive payment of the full rental for commercial reasons. In any case, the deposit received by the Owner will not be returned to the Renter if the Renter cancels.

7.2 Cancellation by the Owner

The Owner will also be liable to compensate the Hirer for damages suffered as a result of this cancellation, in accordance with common law.

The Owner can only be released from his reimbursement and compensation obligations by providing proof of the occurrence of a force majeure event (acts or events such as foreign or civil war, terrorism, sabotage, riots, strikes, earthquakes, volcanic eruptions, tidal waves, fires or, more generally, any other natural disasters, earthquakes, volcanic eruptions, tidal waves, fires or, more generally, any other natural catastrophe, nuclear, bacteriological, chemical or industrial accidents, epidemics or pandemics, decisions by a governmental authority restricting the circulation or rental of the property, total or partial destruction of the property after the signing of the rental contract) preventing it from making available the property reserved by the Tenant. Only in this case of force majeure, the Owner must nevertheless offer the Guest a new rental, with equivalent costs, terms and conditions, for a stay that can take place within 18 months of the date of cancellation and the amounts already paid by the Guest will be applied to the price of the new rental. If the Guest does not accept a new rental, the Owner shall immediately return all amounts already paid by the Guest (deposit and/or rent).

Article 8 - Initial and final inventory

The Owner undertakes to:

A scan of the initial inventory and the final inventory and/or the inventory of the furniture will then be sent to the Tenant by email. If Mystique Ibiza has signed the opening and closing inventories and/or the inventory of furniture on behalf of the Owner and at his express request, a scan will be sent to him by e-mail.

Article 9 - Deposit

Mystique Ibiza will charge a security deposit to cover any damage and/or deterioration caused by the Tenant to the property, the furniture, the objects inside the property, as well as the loss of keys or objects.

The amount of the security deposit is determined by the Owner.

The Tenant must pay the security deposit to Mystique Ibiza no later than 1 month before the check-in date.

Mystique Ibiza will keep the security deposit for the Owner for the duration of the seasonal rental contract and will return it to the Renter after a final inventory of the premises and furnishings that matches the initial inventory.

If there is no damage to the rented property, Mystique Ibiza will refund the security deposit in full to the Renter no later than fifteen (15) days after having returned the keys.

In the event that a final inventory is not carried out, Mystique Ibiza will return the security deposit to the Renter within fifteen (15) days of the return of the keys by the Renter if no claim has been made by the Owner under penalty of being declared null and void within seventy-two (72) hours of the Renter's departure.

If the Owner finds any damage, he/she must notify Mystique Ibiza within seventy-two (72) hours of returning the keys, in accordance with article 8, and shall have fifteen (15) days from that date to send an e-mail to Mystique Ibiza with the extent of the damage and the exact amount to be deducted from the security deposit. This report must be accompanied by the corresponding receipts.

Article 10 - Financial guarantee - Professional liability - Bank account

bank account

The payments made under this power of attorney will be made into a specific bank account belonging to Block Value.

Article 11 - Reports

Mystique Ibiza will send a detailed monthly statement of account to the Owner on the amounts collected and paid.

Mystique Ibiza will notify the Owner of the payments made for the seasonal rental at the time of notification.

Article 12 - Right to withdraw from the power of attorney

The right of withdrawal provided for in this article may only be exercised by the Owner for the execution of this Power of Attorney.

In accordance with Law 29/1994 of 24 November 1994 on Urban Leases (LAU), the Owner acknowledges and accepts that he/she shall not have the right to withdraw from rental contracts subsequently entered into under this Power of Attorney.

Furthermore, the Owner shall not have the right to withdraw from the Agent if a rental agreement is concluded before the end of this Power of Attorney.

 rental agreement is concluded before the end of the aforementioned fourteen (14) day withdrawal period. In this case, the Owner will be asked to expressly confirm that he waives his right of withdrawal.

Article 13 - Jurisdiction

This power of attorney shall be governed exclusively by Spanish law and the courts of Ibiza shall have sole jurisdiction.

Article 13.1 - Owner residing in Ibiza

13.1.1 - Owner who is a natural person (consumer)

In the event of a dispute between Mystique Ibiza and the Guest Consumer, the Guest Consumer may contact Customer Services:

- By email: hello@mystique-ibiza.com

The Guest must immediately inform Mystique Ibiza of this action. The Guest and Mystique Ibiza shall be free to accept or reject the proposed solution and, if necessary, to submit the matter to the competent courts.

In addition, the European Commission has set up an online dispute resolution platform which can be accessed by the Guest at: http://ec.europa.eu/consumers/odr.

13.1.2. Owner who is a legal (professional) person

The Owner (legal person acting in a professional capacity) and Mystique Ibiza will make every effort to resolve any dispute amicably. If the dispute is not settled amicably within one (1) month, either Party may refer the dispute to the Spanish Commercial Court, to which the Parties confer exclusive jurisdiction.

13. 1.3. Litigations

In the event of a dispute arising from the rental contract, both parties undertake to submit to Spanish law and to the jurisdiction of the Court of Ibiza.