Terms of Use (earlier version)

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

Contact. The single point of contact for users and authorities under Articles 11 and 12 of Regulation (EU) 2022/2065 on digital services is info@muvaway.com. We communicate in German, English and Spanish.

Conclusion of contract. You expressly accept these terms by ticking the box for them when you register, when you submit a property or before you send an enquiry; this concludes your contract with MUVAWAY for the use of the platform. A booking is made in the steps set out in clause 2: enquiry with rental profile, the owner's confirmation, booking by the tenant by ticking the box and paying through Stripe. Until you submit, you can check your entries, correct errors or cancel the process; before you book, the platform shows you the terms of the booking (dates, price, number of occupants, pets and smoking), all amounts, the cancellation rule and the withdrawal information.

Storage and language. We store the version of these terms you accepted with its version number; earlier versions are in the archive at the end of this page. The terms of your booking remain available in the chat of your booking; you receive the booking confirmation and the invoices by email. The public terms are available in German, English, Spanish and Catalan. Before accepting, check the language of the booking text displayed and saved for you.

MUVAWAY operates a booking platform and is not a party to the tenancy. The booking exists between owner and tenant. MUVAWAY does not guarantee rent payments; its statutory liability for breaches of its own obligations remains unaffected.

The tenant pays the service fee and the rent through Stripe. Amounts, due dates and payment methods are shown in the booking overview before booking. MUVAWAY accepts rent payments in the name and on behalf of the owner; rent payments through Stripe discharge the tenant to that extent. The first month's rent is only passed on to the owner after move-in.

The tenant gives separate consent at booking for later collections. If a payment due before move-in is not received, this counts as a cancellation by the tenant under the cancellation rule. After move-in, the fixed rental term applies; the rent remains owed.

The tenant pays the deposit directly to the owner, not through MUVAWAY.

The cancellation rule the tenant agreed to before payment applies.

Existing bookings retain their agreed fee version and payment flow.

Tenancies booked through the platform are tenancies for a use other than as a dwelling (Article 3 LAU), 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; the tenant states it in the rental profile, and it forms part of the enquiry. Lets for tourist purposes are not permitted on the platform. The minimum of 31 nights is a platform limit; duration alone does not determine the legal classification. The actual rental purpose and circumstances are decisive. Tourist lets are subject to holiday-letting rules, in particular the licence requirement (ETV) under Balearic law.

Owner declaration. Anyone listing a property declares that they are the owner or are entitled or authorised by the owner to let it, that they may let the property under the law and the rules of the owners' association, and that they are solely responsible for the letting; MUVAWAY is not liable for this. They warrant that the details and images accurately represent the property. Price, dates and conditions are set by the owner alone in the listing and may be changed at any time; a booking is governed by what the listing stated when the owner confirmed it.

Booking. With each confirmation of an enquiry, the owner commits to the booking on the conditions of the listing and the details of the enquiry; it becomes binding when the tenant books and pays on time (clause 2). MUVAWAY provides neither a tenancy agreement nor a template. If the owner concludes an additional tenancy agreement of their own with the tenant, that is solely a matter for the two of them; the owner is responsible for its content, and it must not contradict the booking. The owner is responsible for the information in the listing and for the lawfulness of the letting. Special house rules belong in the listing.

The owner confirms their identity before their listing goes live, as described in clause 12: through Stripe Identity. MUVAWAY does not keep copies of ID documents.

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 this, the owner provides their tax number (NIF) and the cadastral reference of the property.

For payments, the owner needs a Stripe account: they open it before their first confirmation of an enquiry and accept Stripe's terms; Stripe verifies identity, tax number and bank account.

Properties are listed ready to move into.

MUVAWAY does not insure the property or the parties to the tenancy.

Bookings made under earlier versions are governed by the rules of those versions (archive).

Every listing is checked against fixed rules before publication, first automatically and, for the photos, with AI support: completeness and plausibility of the details, authenticity and quality of the photos, a seasonal let of 31 nights to ten months, no tourist letting, no duplicate. The MUVAWAY team then publishes the listing manually. It decides solely against these rules; publication is refused only for one of these reasons: not seasonal, tourist use, owner declaration missing, 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; we inform the owner of the reason and the remedies under clause 17.

Tenant: 5% of the total rent plus VAT, at least €200 plus VAT, once at booking. Owner: 3% plus VAT, pro rata from each rent payment. If the owner cancels less than 30 days before move-in, their fee on the first month's rent is offset against their next payouts, except in recognised force majeure.

MUVAWAY invoices its fees. Refunds follow the cancellation rule of the booking; mandatory consumer rights remain unaffected. Where a tenant fee is not legally permitted, it is not charged.

Right of withdrawal: As a consumer you may withdraw from your contract with MUVAWAY within 14 days without giving any reason. As a tenant you conclude a separate contract for the platform service with each booking; the period starts when you pay the service fee. As an owner it starts when you accept the Terms of Use.

How to withdraw: Send us a clear statement by email to info@muvaway.com, by post to Only Apartments Real Estate S.L.U., Carrer de Monsenyor Palmer 1, 07014 Palma, Illes Balears, Spain, or by phone on +34 666 261 975. You may use the model withdrawal form, but you do not have to. It is enough to send your statement before the period ends.

Effects: If you withdraw, we refund everything you paid MUVAWAY for this contract, that is the service fee. We do so no later than 14 days after receiving your statement, using the same means of payment and at no cost to you. If you asked us to start during the withdrawal period, you pay a reasonable share for the service performed up to your withdrawal.

Expiry: Your right of withdrawal ends once MUVAWAY has fully performed the service, for tenants with the booking confirmation. This only applies if you expressly asked us beforehand to start right away and confirmed that you thereby lose your right of withdrawal (Art. 103(a) TRLGDCU).

Not covered: The booking and the tenancy exist between you and the owner; MUVAWAY concludes no tenancy agreement. There is no statutory right of withdrawal for them (Arts. 93 and 103(l) TRLGDCU); the cancellation rule of the booking applies.

Model withdrawal form

If an owner and a tenant who came into contact through MUVAWAY conclude a tenancy for the same property 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. This does not apply if you prove that the agreement came about without the platform, for example because you already knew each other. No fee arises for other properties or between other persons; extending the same tenancy remains free of charge under clause 8. MUVAWAY does not charge the tenant the fee under this clause where the law prohibits such a fee for the tenant.

Contact details are hidden in the chat until the service fee has been paid – 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 under clause 12.

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 under the law for breaches of its own obligations, not for the statements and services of other users. MUVAWAY is therefore not liable for statements made by owners and tenants, for the condition or legal status of a property, for the solvency of a party or for performance of the booking and the tenancy, unless MUVAWAY has breached an obligation of its own in that respect.

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

Mandatory statutory rights, in particular for personal injury and towards consumers, remain unaffected.

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.

Identity. The owner confirms their identity before their listing goes live, the tenant before booking, in each case with a valid ID document (DNI, NIE or passport) through Stripe Identity. Stripe compares a selfie with the ID photo, only with your explicit consent. MUVAWAY does not keep copies of ID documents; the other side never sees the document.

Suspension. MUVAWAY may suspend or delete accounts where these terms are breached, but only in the case of a serious or repeated breach, in particular false information, fraud or attempted fraud, circumvention under clause 7 or, for owners, repeated cancellations without good reason. We give reasons for the decision by email at the latest when it takes effect: the facts, the rule breached and the available remedies. You can lodge a complaint by replying to info@muvaway.com; the team then reviews the decision again, not by automated means. The courts also remain open to you and, as a consumer, the Junta Arbitral under clause 15. For business owners we announce a termination of their account at least 30 days in advance, except in the case of serious breaches such as fraud or breaches of the law, or where a law or an authority requires us to act immediately.

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.

To prove force majeure under the cancellation rule of the booking, a certificate, for example from a hospital, a doctor or an authority, without any diagnosis is sufficient. We process the certificate only to review your claim (Art. 9(2)(f) GDPR) and delete it one month after the decision on your claim, unless a complaint or proceedings about it are pending; in that case once they have concluded.

MUVAWAY amends these terms only for one of the following reasons: a change in legislation or case law, a decision of an authority or a court, new or changed platform features, the security of the platform and its users, or changed terms of the payment service provider Stripe. We announce changes to registered users by email at least 30 days in advance. A new version only applies to you once you expressly agree to it; the platform asks you, for example at your next chat, before a booking or in your account. If you agree earlier, it applies from your agreement. If you do not agree, you can no longer use features that require the new version and you may close your account at any time; pending enquiries and bookings are not affected. The version in force is available on this page, earlier versions in the archive. Each booking is governed by the cancellation rule of the booking that was agreed to before payment (clause 2).

Spanish law applies; consumers retain the protection of the mandatory provisions of the country of their habitual residence. If you are a consumer, you may sue MUVAWAY in the courts of your domicile or in Palma de Mallorca; MUVAWAY may only sue you in the courts of your domicile. For businesses, the place of jurisdiction is Palma de Mallorca. Disputes between owner and tenant arising from the tenancy are subject to the statutory rules on jurisdiction.

You can send complaints by email to info@muvaway.com, by phone to +34 666 261 975 or by post to Only Apartments Real Estate S.L.U., Carrer de Monsenyor Palmer 1, 07014 Palma. We confirm receipt and reply within 15 days at the latest. Official complaint forms of the Balearic Islands (hojas de reclamación under Decreto 46/2009) are provided by email on request. For consumer disputes, the Junta Arbitral de Consumo de las Illes Balears is available (caib.es/sites/arbitratgeconsumillesbalears).

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

How we sort listings:

1. Listings that cannot be requested yet (previews and examples) always come last.
2. If you choose “Lowest price”, the lowest monthly rent comes first. At the same price, the move-in month you search for decides (point 3), then newest first.
3. If you search for a move-in month, listings where you can move in that month come first, then those whose possible move-in is closest to it.
4. Otherwise, and on a tie: newest listings first.

Location, people, price limit and the other filters only decide which listings you see. The move-in month you search for also sets the order (point 3). Nobody can pay for a better position.

Private or business. Once the provider has stated it, the listing shows “Private landlord” or “Business landlord”; we record business landlords with their company details. We give this information to consumers under Article 97 bis TRLGDCU. Where a private individual lets, EU consumer law does not apply to the tenancy with them; it always applies to MUVAWAY's services. The owner alone is responsible for the tenancy and its performance, MUVAWAY for the platform and its services.

Anyone can report a listing, also without an account: using “Report listing” on the page of every listing, including preview listings. You choose a reason: “Illegal content”, “Suspected fraud”, “False information”, “Discrimination” or “Other”. You explain your report (up to 1,000 characters) and declare that you believe in good faith that the information you give is accurate and complete. Name and email address are optional; we can only reply if you give an email address. To prevent misuse, we accept no more than five reports per day from the same source. You can report other content, such as reviews, by email to info@muvaway.com, with a link to the content, your reasons and a statement that you act in good faith; we handle it under the same procedure.

If you give an email address, we will as a rule confirm receipt by email and later inform you of our decision, with reasons and remedies. Every report is decided by a person from the MUVAWAY team, carefully and objectively, not by an automated system. If the report is justified, we take the listing off muvaway.com until it is manually released again after a new review, or hide the reported content; otherwise it stays online. In the case of serious or repeated breaches MUVAWAY may suspend the account under clause 12. The owner or the author of the content does not learn who made the report. We delete the name, email address and a hash of the IP address 6 months after the decision, at the latest 12 months after receipt (privacy policy).

If MUVAWAY restricts a listing or an account or hides content such as a review, whether after a report or on its own initiative (clauses 5, 12 and 18), the owner concerned or the author of the content receives a statement of reasons by email: the facts, the rule of these terms or the law we rely on, and the information that a person took the decision. Against any decision under this clause, the reporting person and the person concerned (owner or author) can lodge a complaint by replying to the email; a person from the team then reviews the decision again. The courts also remain open.

Listings. The MUVAWAY team publishes every listing manually after the check under clause 5. We deal with breaches of these terms or of applicable law under clause 17.

Chat. In the chat between owner and tenant, the platform automatically hides phone numbers, email addresses, links, messenger names and street addresses until the service fee has been paid; the MUVAWAY team sees the full text. You can report a conversation to MUVAWAY using “Report” in the chat, for example in the case of suspected fraud or harassment.

Reviews. Only the tenant and the owner of a stay booked through MUVAWAY can leave a review, voluntarily and independently of the deposit: the tenant from the 7th to the 21st day after move-in (first impressions) and within 14 days of returning the keys (the stay), the owner within 14 days of the return, each with one to five stars and an optional comment. Public reviews therefore only come from tenants who booked through MUVAWAY and moved in. The tenant's reviews appear on the listing with first name, month and year: first impressions three days after sending, the review of the stay once both have reviewed or the 14 days have passed. The owner's review stays private between the parties. The listing shows the average and the number of published reviews. A review cannot be changed once sent. MUVAWAY does not edit reviews and only hides them if their content is unlawful, recording the reason.