Terms of Use

These terms govern the use of the MUVAWAY platform at muvaway.com. The operator is Only Apartments Real Estate S.L., Carrer de Monsenyor Palmer 1, 07014 Palma, Illes Balears, CIF B26926378. MUVAWAY is a trade name of that company. Registered in the Mercantile Registry of Mallorca, sheet PM-106620, folio 1. Contact: info@muvaway.com. Further details in the legal notice.

You expressly accept these terms when you register an account, list a property or send an enquiry. The accepted version is stored with its version number and remains available on this page. The terms are available in German, English and Spanish; in case of discrepancy the Spanish version prevails.

MUVAWAY operates an online marketplace for seasonal lets in Mallorca: owners list properties, prospective tenants enquire, and the two conclude the tenancy agreement with each other. MUVAWAY provides the tools for that – listings, search, messaging, a contract template with click signature, payment processing through Stripe and handover templates.

MUVAWAY is an information society service, not a real estate agent. In practice:

• MUVAWAY neither sets nor suggests the rent. The owner alone determines the price; comparable rents are an optional statistic and never pre-fill the price.
• MUVAWAY selects neither owners nor tenants. Listings are checked automatically for completeness, authenticity and legality; rental profiles for plausibility. Whom the owner accepts is the owner's decision alone.
• MUVAWAY conducts no viewings and negotiates nothing. Questions, appointments and terms are settled between owner and tenant directly in the chat.
• MUVAWAY is not a party to the tenancy agreement and represents neither side. MUVAWAY is neither landlord nor tenant, neither manager nor guarantor, and gives no warranty that the tenancy will be performed.
• All tools are optional and can be declined individually. Anyone who wants to use their own contract, run the handover differently or ignore the comparable rents may do so; the service fee under clause 6 is unaffected.
• MUVAWAY is not a real estate agent within the meaning of Additional Provision 13 of Balearic Law 3/2024 and is not entered in the register of real estate agents.

Money flow. Once the owner accepts, the tenant reserves the property by paying one month's rent as a down payment through Stripe within 48 hours; if it is not paid, the reservation lapses. The tenancy agreement is generated from the template 30 days before move-in (immediately if move-in is sooner) and signed by both parties by click; the statutory deposit of two months' rent is due on signing. The remaining rent, extras and service fee are due before key handover. Payments run through Stripe, preferably by bank transfer, otherwise by card with strong customer authentication.

By publishing, the owner instructs MUVAWAY to collect the reservation, rent, extras and deposit in the owner's name and for the owner's account through Stripe (collection mandate); payment into that Stripe transaction discharges the tenant. The payment service is provided by Stripe (Stripe Payments Europe, Ltd.); the funds are held by Stripe, not in MUVAWAY accounts, and are forwarded solely under the fixed rules of this clause, without discretion on MUVAWAY's part. The deposit stays with Stripe until the documented key handover and is then forwarded immediately, in full and separately from rent and fees, to the owner; the owner lodges it with IBAVI within the statutory period and remains responsible for proof and repayment. Rent is forwarded once the 48-hour defect window after the documented handover has passed, seven days after card payments. If the tenant reports a material defect within 48 hours of the handover, the rent stays with Stripe until both parties agree to its release or refund or a court or arbitration decision is issued; the deposit is not affected. A Stripe transfer is not yet a bank payout. MUVAWAY offers neither escrow nor a rent guarantee. Earlier contracts retain their agreed payment method.

Cancellation. By paying the reservation, owner and tenant conclude a reservation agreement with a right of withdrawal for both until move-in (arras penitenciales, Art. 1454 Spanish Civil Code). Until the tenancy agreement is signed (30 days before move-in, immediately for short-notice bookings) the tenant may withdraw free of charge and receives all payments back. If the tenant withdraws after signing and before move-in, the reservation is forfeited to the owner, capped at 25 % of the total rent; the deposit and all other payments are refunded. After move-in the tenant may terminate with 30 days' notice, at the earliest at the end of the 31st night; the owner refunds unused rent within 14 days. If the owner withdraws before signing, the tenant receives all payments back. If the owner withdraws afterwards, the tenant receives all payments back plus the same amount as compensation (one month's rent, capped at 25 % of the total rent), paid directly by the owner within 14 days. Force majeure: if an official travel or entry ban, the home becoming uninhabitable, a natural disaster, or the death or hospitalisation of the tenant or a close relative prevents the stay, the tenant receives all payments back, without forfeiture and without compensation; proof must be provided within 14 days. Procedure: cancellations and notices are made in the account or by email to info@muvaway.com, without giving reasons; receipt is confirmed immediately with a timestamp. Periods are calendar days in Madrid time; the agreed move-in date is decisive. Refunds are made within 14 days to the original payment method without deductions. The service fee only arises on key handover and is not charged on cancellation. The owner repays the undisputed deposit balance directly within 14 calendar days after key return; deductions must be quantified and evidenced.

Tenancies concluded through the platform are contracts for a temporary purpose (arrendamiento de temporada) with a term of at least 31 nights and no more than ten months.

The temporary purpose must genuinely exist and is stated in the agreement. Lets of fewer than 31 nights and lets for tourist purposes are not permitted on the platform; those are subject to holiday-letting rules, in particular the licence requirement (ETV) under Balearic law.

Anyone listing a property warrants that they are the owner or authorised by the owner, and that the details and images accurately represent the property. Price, dates and conditions are set by the owner alone and may be changed at any time.

Before a listing goes live, the following must be provided on request:

• current proof of ownership (nota simple, title deed or equivalent land-register extract),
• official photo identification (DNI, NIE or passport),
• the certificate of habitability (cédula de habitabilidad),
• a valid energy performance certificate.

Where MUVAWAY is obliged to do so as a platform operator (DAC7, Law 13/2023, Modelo 238), it reports annually to the Spanish tax administration details of the landlord, the property and the amounts paid and service fees.

For payouts, the authorised landlord opens a Stripe account no later than before the first tenancy agreement and accepts Stripe's terms; Stripe verifies identity, tax number and bank account. Forwarded amounts are paid out to the bank account according to Stripe's payout schedule.

Properties are listed ready to move into.

The property is covered by buildings or home insurance including liability cover, and the owner has informed the insurer of the letting. MUVAWAY does not insure the property or the parties to the tenancy.

If the owner withdraws after the tenancy agreement has been signed, the owner pays the tenant the compensation under clause 2 directly within 14 days; likewise, after a termination the owner refunds unused rent within 14 days. Until proof is provided MUVAWAY may block the account for new bookings; the owner authorises MUVAWAY to set off outstanding amounts against future transfers to the owner. Repeated cancellations by the owner may lead to suspension of the account.

A listing goes live once the automated check is passed: completeness of the details, authenticity of the photos, proof of ownership, no tourist letting. Where the result is unclear, a staff member decides solely against this catalogue: not seasonal, tourist use, ownership not proven, photos not genuine, duplicate, unlawful content, test data. Every non-publication is communicated to the owner with the reason.

MUVAWAY does not edit the owner's content and does not judge whether a property or a price is "good". The check is not a guarantee as to the condition, legal status or availability of a property and creates no liability for the accuracy of the owner's statements. A listing is removed if it breaches these terms or applicable law.

For using the platform – listing, enquiry, messaging, contract template, click signature, payment processing and handover templates – tenant and owner each pay a service fee. Calculated on the total rent for the agreed term, it is:

• 10 % plus 21 % IVA (12.1 % gross) payable by the tenant,
• 3 % plus 21 % IVA (3.63 % gross) payable by the owner.

The gross amount in euros is shown before the enquiry is sent, in the booking and in the contract. A valid partner code may reduce the tenant's service fee; the reduction is shown in the enquiry and the contract. The code is not transferable, does not apply to the partner's own enquiries and does not affect the owner's fee. One code applies per enquiry.

The service fee arises on actual key handover and is due that day. Tenant and owner each pay their own invoice to MUVAWAY through the assigned Stripe link. The fee is not deducted from the statutory deposit; the tenant does not bear the owner's fee. No handover means no fee; any fee collected regardless is refunded.

Listing a property and using the search are free of charge.

Right of withdrawal: as a consumer you may withdraw from the platform user agreement with MUVAWAY within 14 days of accepting these terms, without giving reasons, by email to info@muvaway.com. If you expressly ask for the service to start earlier and the key handover takes place within that period, the service is fully performed and the right of withdrawal lapses (Art. 103(a) TRLGDCU). No fee arises before then in any case. There is no statutory right of withdrawal for the reservation agreement and the tenancy agreement between owner and tenant (Arts. 93 and 103(l) TRLGDCU); instead, free cancellation until signing applies under clause 2.

If the same parties conclude a tenancy for the same listing outside the platform within 6 months of their last contact through the platform, the service fee under clause 6 remains owed and arises at the start of the tenancy. This also applies to a new tenancy following one booked through the platform; extending the same tenancy remains free of charge under clause 8. No fee arises for other properties or other parties.

Contact details are hidden in the chat until the booking is binding – for the safety of both sides and to prevent fraud. Anyone passing property or contact details from the platform to third parties for use outside it breaches these terms; MUVAWAY may suspend the account.

An extension is only possible with a new, documented temporary purpose and within the maximum term of ten months. No further service fee is charged for extending the same tenancy.

On separate order, MUVAWAY may offer additional services, such as producing or editing photos and video, or publishing a listing on third-party portals on the owner's behalf. Price and scope are agreed before instruction; the order can be cancelled at any time and has no effect on publication, ranking or visibility of a listing. Without an order there is no entitlement to such services.

MUVAWAY is liable for intent and gross negligence and for breach of material contractual duties. Liability for statements made by users, for the condition or legal status of a property, for the solvency of a party or for performance of the tenancy agreement is excluded.

MUVAWAY does not provide legal or tax advice. Each party is responsible for assessing its own legal and tax obligations.

These limitations do not apply to personal injury or to liability that cannot be excluded towards consumers.

Anyone uploading photos, video or text warrants that they hold the necessary rights and grants MUVAWAY the right to use that content to display the listing and to promote the platform. That right ends when the listing is deleted, save for content already in circulation in advertising.

Accounts must be created truthfully and may not be passed to third parties. MUVAWAY may suspend or delete accounts where these terms are breached, in particular in the case of false information, attempted fraud or circumvention under clause 7.

You can delete your account yourself at any time. Enquiry and search data are removed immediately; bookings, invoices and contracts remain stored for the statutory retention periods. Details are in the Privacy Policy.

The processing of personal data is governed by the privacy policy.

MUVAWAY may amend these terms for a valid reason, such as new legal requirements or new features. We notify registered users by email at least 30 days in advance; if you do not agree, you may close your account. Pending enquiries and signed agreements are not affected. The version in force is available on this page. The service fee is governed by the version in force when the relevant tenancy agreement was signed.

Spanish law applies. If you are a consumer, the courts of your domicile have jurisdiction and you may only be sued there. For businesses, the place of jurisdiction is Palma de Mallorca. Disputes arising from the tenancy agreement follow its own jurisdiction clause.

Complaints can be sent to info@muvaway.com or by post to Only Apartments Real Estate S.L., Carrer de Monsenyor Palmer 1, 07014 Palma. We reply within one month. Official complaint forms (hojas de reclamación) of the Balearic Islands are provided by email on request. For consumer disputes, the Junta Arbitral de Consumo de les Illes Balears is available; MUVAWAY is willing to take part in its proceedings.

If any provision is invalid, the remaining provisions remain in force.