MUVAWAY · Legal
Terms of Use (earlier version)
Version of 10 October 2026
Archive: this version has been replaced by a newer one. It only still applies to bookings and agreements concluded under it. Go to the current version · All earlier versions
1. Scope, conclusion of contract and contact
These terms of use apply to 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, 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 (Digital Services Act) 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, submit a listing or before you send a request; this concludes the contract with MUVAWAY for the use of the platform. A booking is made in three steps (clause 2): a request with the reason for the stay, confirmation by the owner, and booking by the tenant with payment of the first month's rent. Until you send, you can check your entries, correct mistakes or cancel the process. Before booking, the platform shows you the booking terms (dates, monthly rent, deposit and additional guarantee, occupants, pets and smoking), all amounts and dates and the cancellation rule (clause 18).
Storage and language. We store the version of these terms you accepted with its version number, and each booking also with the version of the rules in force when the owner accepted the request; later changes only affect new bookings. You receive the booking confirmation by email, and the booking terms remain available in the chat. These terms are available in German, English, Spanish and Catalan; earlier versions are in the archive at the end of this page.
2. MUVAWAY's role, booking and payment
MUVAWAY operates a booking platform. The tenancy arises directly between owner and tenant; MUVAWAY is not a party to it and provides no rental contract of its own. The booking confirmation is the contract document: it names both parties (the owner with NIF/NIE), the reason for the stay, the dates, the monthly rent, the amount and due date of the deposit and the additional guarantee, and the acceptance of both sides by click.
Process. The tenant sends a request with the reason for the stay (clause 3). The owner confirms or declines it. For every listing, move-in can be at most 12 calendar months ahead. If move-in is at most 80 days away when the owner confirms, the tenant pays the first month's rent by card within 48 hours, at the latest by the end of the move-in day. With a longer lead time, the tenant saves a card and agrees to the later charge; the status is reserved, with no tenancy agreement yet. The first month's rent is charged 80 days before move-in. If the card is confirmed after that payment date, the first month's rent is already due and is charged after card confirmation. A failed payment has a 48-hour grace period; afterwards the unpaid reservation ends at no cost. The tenancy agreement takes effect only when the first month's rent is successfully paid, on the actual booking day B. The same cancellation and refund rules in the saved booking version then apply (clauses 18 and 20). Each tenant may have at most 2 unpaid reservations.
Payment. All rent payments go through the payment provider Stripe directly to the owner's Stripe account. MUVAWAY holds no users' money and only keeps its platform fee from each payment (clause 6). The tenant's card is saved at booking for later payments and can be replaced at any time. From the second month the rent is charged automatically to the tenant's saved card; 7 days before each charge the tenant receives a notice. Payments made through Stripe discharge the tenant to that amount.
Payout. The first month's rent goes to the owner at the earliest 48 hours after move-in (check-in 15:00) if no defect has been reported by then (clause 19); every further month's rent after successful payment.
Payout hold. You instruct MUVAWAY to hold back a payout only in these cases, and only in the amount affected:
- a) The tenant reports a defect within 48 hours of move-in, until it is resolved.
- b) A cancellation or refund to the tenant is pending, until it is settled.
- c) There are specific indications of fraud or a false listing.
- d) Stripe requires missing verification.
- e) A court or authority orders it.
We tell you the reason in writing immediately. Except in d) and e), a hold lasts at most 30 days.
MUVAWAY does not guarantee rent payments; statutory liability for its own breaches of duty remains unaffected.
3. Temporary housing and reason for the stay
Only tenancies of temporary housing are booked through MUVAWAY (arrendamiento de vivienda temporal, Art. 2.3 and 9 bis LAU): the tenant is temporarily away from their home for a justified reason that can be proven. Bookings through MUVAWAY run from 32 nights to 12 months. No tourist use: Holiday stays are not possible through MUVAWAY.
Reason for the stay. With each request the tenant chooses a reason: work, study, renovation of their own home, or medical (without details). The tenant also states the end date, where it applies also the company or university, and confirms that the details are correct. The reason must actually exist.
Proof. Proof is optional. The tenant can send it as an attachment in the chat, and the owner can ask for it in the chat before confirming. For the reason "medical" nobody asks for proof; please do not send any medical documents.
4. Owner obligations
Declaration. Whoever publishes a listing declares that they are the owner or entitled to let, that the property may be let under the law and the rules of the owners' association, and that they are solely responsible for the letting. They confirm: no tourist use and no hotel services (such as regular cleaning, laundry service, breakfast or reception). Details and pictures must describe the property accurately.
Required details. The owner states whether they let privately or commercially and whether they are a large property holder (gran tenedor) under Law 12/2023; they state a registration number of the property if there is one. They enter their NIF/NIE and, if letting privately, their date of birth once in their account under "Tax details"; this is required before the first booking, as is a fully set-up Stripe account. The details must be true and complete; the registration number and the large-holder statement appear in the listing (RDL 29/2026, Art. 20).
Price. The owner sets one monthly price, utilities included. For a booking the price at the time of confirmation applies; the rent does not increase during a booking.
Deposit. The deposit is one month's rent (Art. 36.1 LAU). In addition, the owner may ask for an additional guarantee of up to one month's rent (Art. 36.5 LAU); the tenant sees the total before booking. The tenant pays both directly to the owner at key handover, never through MUVAWAY. The statutory lodging of the deposit is the owner's responsibility. The owner repays the deposit and the additional guarantee no later than one month after the return; deductions only with proof.
Stripe account. For payments the owner opens a Stripe account before their first confirmation and accepts Stripe's terms; Stripe checks identity, tax number and bank details. Payouts follow clause 2.
Where MUVAWAY is obliged to do so as a platform operator (DAC7, Law 13/2023, Modelo 238), it reports to the Spanish tax authority once a year details of the letting party, the property and the amounts and fees paid.
MUVAWAY insures neither the property nor the parties.
Bookings made under earlier versions are governed by the rules of those versions (archive).
5. Review and publication
The MUVAWAY team reviews every listing against fixed rules before publication and publishes it manually. A listing is not published only for one of these reasons: indications of tourist use or other details not allowed under these terms, hotel services, missing confirmation "no tourist use, no hotel services", missing large-holder statement, fake photos, duplicate, unlawful content or test data. We tell the owner the reason for every non-publication.
MUVAWAY does not change the owner's content and does not judge whether a property or a price is "good". The review is no guarantee of condition, legal status or availability and creates no liability for the accuracy of the owner's details. A listing is removed if it breaches these terms or applicable law; we inform the owner of the reason and the remedies under clause 16.
6. Fees
For tenants the use of MUVAWAY is free; they only pay the rent. The owner pays a platform fee of 8% plus 21% VAT (IVA) on every rent payment actually made, with no minimum; Stripe keeps it from each payment. Example: with €1,800 rent the owner receives €1,625.76. MUVAWAY bears Stripe's fees. Publishing and reviewing a listing are free. MUVAWAY issues invoices for its fees.
Withdrawal for private owners. If you let as a private individual, you can withdraw from this contract with MUVAWAY within 14 days of its conclusion without giving reasons. An email to info@muvaway.com is enough; you can find a model form here. If a booking is confirmed during this period because you expressly wanted it, you owe the platform fee for that booking.
7. Circumvention
7.1 If an owner and a tenant meet through MUVAWAY and, within 6 months of their last contact via the platform, conclude a tenancy for the same property outside MUVAWAY, the owner pays the platform fee that would have been due for a booking through MUVAWAY: 8% plus IVA of the agreed rent, for at most 10 months. This also applies to a direct follow-on contract within 6 months of a booking through MUVAWAY.
7.2 The platform fee does not apply if the owner shows that the contract does not stem from MUVAWAY, for example because they already knew the tenant. Other properties and other persons are not covered.
7.3 The tenant never pays anything under this clause.
7.4 We only show the phone number and email after the confirmed booking, to protect against fraud. Anyone who passes on or uses contact details from the platform to circumvent MUVAWAY breaches these terms. We may then suspend the account under clause 11.
8. Consecutive bookings and rent level
If the same tenant books the same property again and the new booking starts less than 30 days after the end of the previous one, it counts as a consecutive booking. At most 2 consecutive bookings are possible, together at most 12 months. For new bookings of the same property the monthly rent may rise at most once a year by the official index (IRAV) (Art. 17.8 LAU). The reference is the lowest confirmed monthly rent of that property in the last 12 months; without a confirmed booking in that period there is no limit. Lowering it is always possible. For an extension or consecutive booking, the platform fee under clause 6 applies as for any booking.
9. Liability
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.
10. User content
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.
11. Accounts and suspension
Accounts must be created truthfully and may not be passed to third parties.
Identity. Stripe checks the owner when setting up their Stripe account (clause 4). MUVAWAY neither requests nor stores copies of ID documents.
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, for owners, circumvention under clause 7 or repeated cancellations under clause 20. 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 14. 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.
12. Data protection
The privacy policy governs the processing of personal data. For the reason "medical" nobody asks for details or proof; please do not send any medical documents.
13. Changes
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 keeps the rules in force when the owner accepted the request.
14. Governing law, jurisdiction and complaints
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., 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.
15. Order of listings and providers
How we sort listings:
- Listings that cannot be requested yet (previews and examples) always come last.
- 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.
- 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.
- Otherwise, and on a tie: newest listings first. A listing with a video tour counts as if it were 7 days newer.
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 commercial. The listing and the booking confirmation state whether the owner lets privately or commercially. The owner states this. If the owner lets privately, EU consumer protection rights do not apply to the tenancy. We show "Private landlord" or "Business landlord"; we record commercial providers with their company details (Art. 97 bis TRLGDCU). MUVAWAY is responsible for the platform and its services, the owner alone for the tenancy.
16. Reporting content
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 11. 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.
17. Moderation and reviews
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 16.
Chat. In the chat between owner and tenant, the platform automatically hides phone numbers, email addresses, links, messenger names and street addresses until booking; 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.
18. Cancellation by the tenant
Your booking is a tenancy directly with the owner, not with MUVAWAY. There is no 14-day right of withdrawal for the tenancy, whether the owner lets privately or commercially. Your use of MUVAWAY is free and can be terminated at any time.
Cancellation before acceptance is free. After acceptance, either party can cancel at no cost before 00:00 (Europe/Madrid) on the day 13 days before the planned move-in; the last free date is shown in the booking. From that boundary, the owner retains no more than the first month’s rent paid and no more than the statutory rent amount. This runs from the planned move-in until the later of one calendar month after payment of the first month’s rent or ten days after cancellation. If that date is not after move-in, nothing is retained. Full rental months cost one month’s rent; remaining days cost one thirtieth each. For a no-show or handover refused because the deposit was not paid, the planned move-in is the cancellation date. The retained amount is rent. The owner’s platform fee applies only to the retained amount, never to the tenant’s refund. The refund is initiated immediately; retained rent is paid out 48 hours after planned move-in. The rule saved at acceptance continues to apply to the booking.
If the tenant does not pay the deposit at handover, the owner may refuse to hand over the keys and terminate the booking (termination by the owner, Art. 27.2 b LAU). The same applies to additional security as agreed in the booking confirmation. Settlement follows the saved cancellation rule for a no-show. The amount and due date of the deposit and additional security are stated beforehand in the booking confirmation.
After move-in you may terminate with 10 days’ notice, no earlier than 1 calendar month(s) after payment of the first month’s rent and no later than the agreed end. Rent is owed from move-in until the end: full months at the monthly price and remaining days at one thirtieth each. Overpayments are refunded; a shortfall is charged to the saved card. Later monthly charges are cancelled. Statutory rights remain unaffected.
19. Handover, defects, repairs and move-out
Handover. Check-in is at 15:00, check-out at 11:00. At key handover both sides tick the box "Keys handed over, everything okay" on the platform; there is a simple checklist. The tenant pays the deposit and the additional guarantee directly to the owner at that point (clause 4).
Defect at move-in. The tenant reports a defect within 48 hours of check-in with photos on the platform. Until it is resolved, the first month's rent is held back in the amount affected (clause 2 a). If the defect is justified, the tenant is refunded the amount set by the MUVAWAY team, at most the first month's rent. If the property is not habitable, the booking is treated like a cancellation by the owner (clause 20). Statutory rights regarding defects remain unaffected.
Repairs. The tenant reports a necessary repair via "Report a repair" with a description; photos are optional. The owner must reply within 5 working days (Art. 21 bis LAU). If the owner does not reply, the tenant may have the repair carried out and set the documented costs off against the next month's rent; the MUVAWAY team records the deduction. A recorded deduction counts as paid by the tenant in case of cancellation.
Move-out. At move-out both sides tick off the same checklist, photos are optional; this is the move-out record (Art. 36.7 LAU). If one side has not ticked, we send an email reminder. Without a move-out record the property is deemed returned in good condition.
20. Cancellation by the owner
If the owner cancels or does not hand over the property, the tenant receives all amounts paid through the platform back. Before 00:00 (Europe/Madrid) on the day 13 days before planned move-in, no intermediation charge for cancellation after E−13 applies and the cancellation does not count towards a pause or suspension. From that boundary, the default intermediation charge for cancellation after E−13 is the agreed owner commission including VAT on one month’s rent. The exact euro amount is shown before cancellation. It is offset only against the Stripe balance or future payouts, never collected from a bank account. The first counted cancellation pauses the listing until team approval; the second within twelve months suspends the account. Ongoing bookings do not end automatically. For proven uninhabitability without fault of the owner, the charge is waived only by a documented team decision. MUVAWAY bears Stripe’s costs. If MUVAWAY cancels a confirmed booking after E−13 without fault of the owner, MUVAWAY pays the owner the same amount as the intermediation charge for cancellation after E−13: the agreed owner commission including VAT on one month’s rent. MUVAWAY’s payment obligation is not funded from the tenant’s refund. In case of force majeure, no intermediation charge applies.
21. Recourse and chargebacks
If the tenant has to get money back under these terms and the rent has already been paid out to you, the refund is paid from your Stripe balance. If the balance is not enough, Stripe may collect the shortfall from your bank account by SEPA direct debit. You agree to this when you set up your account. If your balance goes negative as a result, we will let you know immediately. Stripe then collects the shortfall by SEPA direct debit within 2 bank working days. If MUVAWAY pays a shortfall to Stripe for you, you reimburse us. Chargebacks by the tenant's bank are borne by MUVAWAY, including the fee. Only if the chargeback is based on your fraud, for example the apartment does not exist, was not handed over or was described falsely, do you reimburse the amount and the fee.