This document aims to regulate the TERMS AND CONDITIONS OF GENERAL CONTRACTING (the “General Terms and Conditions”) for the lodging services (except for mid-stay) offered by Libere Hospitality, S.L., with registered address at Gran Vía 2, 48001, Bilbao, constituted by public deed granted before the Notary of Bilbao, Mr. VICENTE-MARIA DEL ARENAL OTERO, on March 8, 2019, under number 445 of his protocol, and registered in the Mercantile Registry of Bizkaia in Volume 5,850, Folio 72, Sheet BI-73.271, entry 1. It has Tax Identification Number B95953683 (hereinafter, “Libere”).
The term “User” is used here to refer to all individuals and/or entities (reservation holders and companions) who, for any reason, access www.staylibere.com or use the lodging and complementary services referred to herein.
The purpose of the lodging services (except for mid-stay, which has its own General Terms and Conditions) is to reserve a room, bed, or apartment, as the case may be, along with additional and complementary services that may be contracted at any of the Libere establishments for use and enjoyment by the User (hereinafter, the “Services”). Therefore, the use of the Services implies the full and unconditional acceptance and validity of each and every one of the General Terms and Conditions, which will be automatically incorporated into the contract subscribed by making a reservation with Libere directly or through third-party intermediaries, without the need for written transcription in the contract.
The present General Terms and Conditions shall apply, unless other terms and conditions have been agreed upon at the time of making the reservation (“Specific Conditions”), which shall prevail over what is provided herein.
2. Booking the Services
- Making a reservation implies adherence to and acceptance of all the General Terms and Conditions included in this document, as well as the policies indicated in section 13.
- By accepting the General Terms and Conditions included in this document, the User expressly declares:
- To be of legal age and have full legal capacity to make the reservation on their behalf and on behalf of the accompanying third parties.
- In the case of staying with minors, to be their parent or legal guardian, or to have the corresponding authorization, which must be proven to Libere.
- To understand and comprehend all the General Terms and Conditions and other policies referred to in this document.
- To acknowledge and expressly accept that the establishment cannot be their habitual and permanent residence or professional address and, therefore, the establishment’s address cannot be registered as their official address.
- That the data provided by them, their own or that of accompanying third parties, when making the reservation is correct, true, up-to-date, and complete.
- Not to engage in any type of crime or fraud when making the reservation payment.
- The User can request a reservation through www.staylibere.com (hereinafter, the “Libere Website”), by contacting the staff through the tools enabled for this purpose on the Libere Website or through any other official platform where Libere offers this possibility. To complete the reservation process, the User must:
- Fulfill all the steps required by Libere or the corresponding platform and provide (i) all the required data in accordance with the identification section below; and (ii) a credit or debit card number owned by the reservation holder as a guarantee for the reservation confirmation. Visa, Mastercard, and American Express cards are accepted.
- Reservation requests will not be considered accepted until Libere confirms their admission via email, provides a booking reference, and the User makes the payment for the Services (including the corresponding deposit), at which point the relationship between the User and Libere will be formalized.
- Once the reservation is made, and as soon as possible and always within 24 hours of making the reservation, Libere will send the User an email confirmation of their reservation.
- If the User detects any errors in the reservation, they must contact Libere for free rectification within a maximum period of 2 hours from the receipt of the confirmation email; otherwise, it will be considered correct for all purposes.
- Requests for changes in date, duration, or number of Users will be subject to availability, but Libere will try to accommodate them as much as possible. In such cases, the User must pay the corresponding fee for the requested changes.
The User accepts that:
- When contracting a flexible or semi-flexible rate, at the time of reservation, Libere reserves the right to check the validity of the card used and may block the amount corresponding to the first night, which will be unblocked after a few days, depending on the User’s bank associated with the reservation. If the previous transaction cannot be processed, the credit card will be considered invalid. In this case, Libere may automatically cancel the reservation without prior notification. The total amount of the stay (Value Added Tax (“VAT”) and, if applicable, applicable tourist taxes) will be charged at the time of check-in.
- When contracting a non-refundable rate, at the time of reservation, Libere will charge the total amount of the reservation (including VAT and, if applicable, applicable tourist taxes) to the provided bank card.
- Visa, Mastercard, and American Express bank cards are accepted. If (i) the cardholder of the card used to make the reservation does not match the User, and/or (ii) the reservation amount exceeds €500, the User must send a copy of the bank card and the cardholder’s identification document by email, in response to the email received from Libere and as indicated therein.
If, at the time of check-in, the User has not yet provided the documentation, they must make the full payment of the reservation with a bank card in their name. In that case, Libere will refund the amount charged on the initial card as soon as possible, depending on the bank associated with the reservation and the effective payment period.
- In certain reservations made for groups or covering at least three apartments, Libere reserves the right to charge the User an amount of €200 in advance, with prior notification, as a deposit, which will be refunded within a maximum period of 30 days from check-out, once the proper condition of the apartments is verified.
- Requests for changes in date, duration, or number of Users (i) for non-refundable rates will not be accepted as a general rule unless Libere, at its discretion, decides otherwise depending on the circumstances of each case; and (ii) for flexible rates will be subject to availability, but Libere will try to accommodate them as much as possible. In such cases, the User must pay the corresponding fee for the requested changes.
- In case a User makes a reservation for multiple beds in a shared room in Libere Hostels, it is not guaranteed that the reserved beds will be in the same room, although Libere will make its best efforts to accommodate the request.
- In the event of unexpected maintenance, repair, or adaptation tasks occurring before check-in and objectively making it impossible to use the accommodation, Libere will offer the User the option to (i) receive a 100% refund of the reservation amount; or (ii) be relocated to alternative accommodation with similar or superior characteristics, subject to availability.
- If such tasks occur during the stay:
i. Cases where the incident does not objectively make it impossible to stay: Libere will carry out such tasks as soon as possible and will hire specialized technicians if necessary, informing the User of the day and time when these tasks will be executed. The User must, if necessary, vacate the room or apartment for safety reasons. If the User does not expressly oppose the execution of the tasks or request a change of date and time within 24 hours of receiving the communication, they consent to the technicians and staff of Libere accessing the room or apartment on the communicated date and time for this purpose. If the User remains in the room or apartment or in any way hinders the execution of such tasks, it will be considered that the User waives the performance of these tasks, and they will be executed at Libere’s discretion after the User’s stay ends, and the User renounces any claims against Libere for this matter.
ii. Cases where the incident objectively makes it impossible to stay: Libere will offer to relocate the User to another room, apartment, or alternative accommodation with similar or superior characteristics. If the User does not accept the relocation offered by Libere, they will be refunded for the nights they could not enjoy due to this incident.
- Users affected by any disability requiring additional services or requirements to guarantee a proper stay must inform Libere before making the reservation.
- The prices and offers presented on the Libere Website include VAT and are only valid for reservations made through the Libere Website or directly through the establishment’s staff. Prices are in Euros and may be subject to changes without prior notice. However, after the reservation is confirmed, the prices will not change.
- In some destinations, the competent authority requires the User to pay an additional tourist tax, which must be paid to Libere at the time of check-in.
- All reservations for more than 9 people will be considered a group. In these cases, the specific payment and cancellation conditions agreed with Libere will prevail.
To check-in and comply with applicable regulations in Spain, Users over 14 years of age must provide Libere with:
- For Spanish Users: DNI (national identity card), passport, or driver’s license.
- For foreign Users: passport, identity card, or document (for citizens of the European Union, Andorra, Iceland, Switzerland, Norway, Malta, Monaco, and San Marino). For foreign residents in Spain, a valid Spanish residence permit.
- For security reasons, a selfie so that Libere can verify that the person checking in matches the person whose ID is provided and the person accessing the establishments.
All Users providing the required documentation and information to Libere consent to Libere keeping it in their records for the legally required period, and Libere commits to complying with its duty of confidentiality and not disclosing or using it for purposes other than those legally required. The collection and processing of this data will be done in accordance with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, as established in Libere’s privacy and personal data protection policy indicated in section 13.
All Users, without exception (including minors under 18 years old), must have valid personal and family documentation as required by current legislation. For those under 14 years old, their data will be provided by the accompanying adult. For travel that requires it, obtaining visas, passports, vaccination certificates, etc., will be the responsibility of the Users.
In the event that a visa is denied by any authority or entry to the country is denied, Libere declines all responsibility, and any expenses incurred will be the User’s responsibility. In such circumstances, the conditions and rules established for the case of “Cancellation and No-Show” in the section below will apply.
Minors under 18 years old must be accompanied by an adult to stay in the establishments.
Reservations with pets will incur an additional fee, which will be indicated during the booking process. If the User arrives at the Libere establishment accompanied by dogs, the User must comply with the following rules to ensure a pleasant stay for other Users of the establishment:
- Only dogs are allowed, without weight or size limitations. If traveling with a dog, the User must communicate this during the reservation process and, in any case, before check-in.
- For other animals to be brought into Libere establishments, written notice must be given to Libere before making the reservation to evaluate the acceptance of each case.
- A maximum of two dogs per room or apartment is allowed.
- In Líbere Hostels, dogs are only allowed in private use rooms.
- The User must keep the animal in proper hygienic and sanitary conditions and carry the updated animal’s documentation, and Libere may request to see the documentation at any time.
- The User is responsible for any damages caused by the animal to third parties or to the furniture. The amount of such damages will be charged on the final bill of the stay.
- The User is at all times responsible for their animal and its behavior.
- Libere reserves the right to refuse admission or expel animals that cause inconvenience to other Users or staff of the establishment or that display inappropriate behavior during the stay.
- The presence of the animal in small and enclosed spaces, such as elevators, will be avoided if it could cause discomfort to other Users in general.
- The animal cannot be left alone inside the room or apartment.
- Room cleaning service will only be provided if the animal is not present in the room.
- The animal is not allowed to defecate or urinate in any areas (indoors or outdoors) that are part of the Libere establishment.
- When entering, exiting, or staying on the premises, the animal must always be kept on a leash, with a short leash, and with a muzzle if required by regulations.
- The animal is not allowed on beds or sofas, nor can any of the items or furniture in the room or apartment be used to accommodate it. For this purpose, if available, Libere may provide the User with a bed, a drinking bowl, and a feeding bowl, which must be left at the establishment upon check-out.
- Bathing the animal in the bathrooms or showers of the rooms or apartments or using the towels provided by Libere to dry it is not permitted.
11. Luggage Storage, Deposit, and Lost Items
Luggage Storage and Deposit:
- Libere does not accept any belongings from Users for storage, and Users must keep their belongings in their apartments.
- Libere is not responsible for any damage that Users’ belongings may suffer, except in cases of willful misconduct or gross negligence on the part of Libere. Additionally, Libere will not be responsible for guarding belongings (including, among others, food, clothing, electronic devices, medications, etc.) located in private or common areas of the establishments. Therefore, Libere will not be liable for their deterioration, loss, misplacement, theft, or robbery.
- If any Libere staff or contracted cleaning personnel find an object or item of any kind in one of the apartments, it will be reported to Libere’s Operations and Customer Service team and registered in the Lost Items Register, including the room number, reservation number, and departure date.
- Once the loss is registered in the Lost Items Register, the found object will be kept in the corresponding establishment for a period of TWO MONTHS from its discovery and registration.
- If, during the TWO-MONTH period, the owner of the item contacts Libere, they must describe the item and identify the apartment in which they stayed, as well as provide their reservation number to verify their information against Libere’s records.
- Once it is confirmed that the information matches, arrangements will be made with the owner of the lost item for its delivery or collection at their own expense.
- If, on the contrary, no one contacts Libere within the TWO-MONTH period, the lost item will be delivered to the Lost and Found Office of the City Council of the city where the establishment is located.
- Libere is not responsible for lost items in the establishments and does not guarantee that they will be found.
12. Limitation of Liability
This document establishes all the obligations and responsibilities of Libere with the User, without prejudice to the specific conditions that may apply in each case. There are no guarantees, conditions, or other terms that are binding on Libere, except as expressly mentioned in this document, without prejudice to the responsibilities that, according to applicable Spanish law, cannot be excluded. In this sense, no provision of this document will affect the mandatory provisions for consumers. If the User is not a consumer, they expressly waive their right of withdrawal.
The User may not assign, transfer, or transmit the contracted rights, responsibilities, and obligations.
If any provision of this document is deemed null or impossible to fulfill, the validity, legality, and fulfillment of the remaining provisions will not be affected in any way or modified.
In the event of force majeure or any other exceptional event that prevents the provision of the Service and, specifically, the availability of the reserved room, bed, or apartment, Libere reserves the right to accommodate the User, for the entire duration or part of their stay, in an establishment of equivalent category, to provide a service of the same nature, to refund the amounts, or to postpone the service until the period of force majeure ends, subject to the prior agreement of the User.
The User agrees to:
- The privacy and personal data protection policy as outlined in https://www.staylibere.com/es/politica-de-privacidad.
- The legal notice as outlined in https://www.staylibere.com/es/aviso-legal.
The Líbere Website and its original content, features, and functionality are the property of Líbere and are protected by international copyright, trademarks, patents, trade secrets, and other intellectual property or proprietary rights laws. We reserve the right to cancel your access to the page without cause or notice, which may result in the seizure and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive cancellation, will survive it, including but not limited to, property provisions, warranty disclaimers, indemnities, and limitations of liability. The User releases Líbere from any liability in case unauthorized third parties access their data through Líbere’s computer systems in the event of a cyberattack, provided that Líbere has reasonable security measures in place for this purpose. However, Líbere employs appropriate means to prevent illegal intrusions.
14. Modifications and Content of Líbere Website
We do not guarantee the absence of errors in accessing the Líbere Website or in its content, nor that it is completely up-to-date, although we will make every effort to avoid them and, where appropriate, correct or update them as soon as possible. We reserve the right to make changes to the Líbere Website www.staylibere.com unilaterally and without prior notice, in order to update, correct, modify, add, or delete its content or design. If any of these changes affect the User’s reservation, we will inform them at the time of booking or as soon as possible thereafter.
Any claim that the User deems appropriate will be attended to as soon as possible and may be formalized through the online reception of the establishment, which can be accessed through the Líbere Website or mobile application, or through complaint forms made available to the User at the establishments.
16. Applicable Legislation and Jurisdiction
The relationship between Líbere and the User will be governed by the current Spanish legislation, and any dispute will be submitted to the Courts and Tribunals of the city corresponding to the location of the establishment to which the reservation refers. Notwithstanding the foregoing, any dispute arising from the provision of Services at any Líbere establishment in which a consumer is staying will be subject to the relevant regulations and the Courts and Tribunals in accordance with applicable consumer law.