General Conditions of Contract and Líbere House Rules

1. Introduction

The purpose of this document is to regulate the GENERAL TERMS AND CONDITIONS OF CONTRACTING (the “General Terms and Conditions”) for the accommodation services (except mid-term stays) offered by Libere Hospitality, S.L., with its registered office at Gran Vía 2, 48001, Bilbao, established through a 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 Commercial Registry of Bizkaia in Volume 5,850, Page 72, Sheet BI-73.271, 1st entry. It has the NIF number B95953683 (hereinafter, “Libere”).

The term “User” is used herein to refer to all individuals and/or entities (reservation holders and companions) who for any reason access www.staylibere.com or use the accommodation and supplementary services referred to herein.

The accommodation services (except for the mid-term stay modality which has its own General Terms and Conditions) are intended for the reservation of a room, bed, or apartment, as the case may be, in addition to any additional and supplementary 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 will imply 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 entered into through the effective reservation with Libere, either directly or through third-party intermediaries, without the need for their written transcription in the same.

These General Terms and Conditions will apply unless expressly agreed upon different terms and conditions at the time of booking (“Specific Conditions”), which will prevail over the provisions here.

2. Reservation of Services

• The making of a reservation implies adherence to and acceptance of each and every one of the General Terms and Conditions included in this document, as well as the policies indicated in section 13.
• In this regard, 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 accompanying third parties;
  • If staying with minors, to be their parent or legal guardian or, otherwise, to have the corresponding authorization, which must be accredited to Libere;
  • To understand and comprehend all the General Terms and Conditions and other policies referred to in this document;
  • To expressly acknowledge and accept that the establishment cannot, under any circumstances, constitute their habitual and permanent residence or professional domicile and, therefore, cannot be included in their census as the establishment’s address;
  • That the data provided by them, whether their own or those of accompanying third parties, when making the reservation is correct, true, updated, and complete; and
  • Not to engage in any crime or fraud of any kind when making the payment of the reservation.
• The User can request a reservation through staylibere.com (hereinafter, the “Libere Website”), by contacting its staff through the tools enabled for this purpose on the Libere Website or through any other agency or 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; as well as (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 acceptance via email, provides a reservation 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 from the reservation, Libere will send the User a confirmation of their reservation by email.
• If the User detects any error in the reservation, they must contact Libere for rectification within a maximum period of 2 hours from receiving the confirmation email; otherwise, it will be considered correct in all respects.
• Outside of the cases mentioned in the previous paragraph, requests for changes in date, duration, or number of Users will be subject to availability, although Libere will attempt, as far as possible, to accommodate them. In such cases, the User must pay the applicable rate for the requested changes.

The User agrees that:

• By making a reservation at any of our accommodations, Libere reserves the right to verify the validity of the card used and may block the amount corresponding to the first night, which will be unlocked after a few days depending on the User’s bank associated with the reservation. If the previous transaction cannot be processed, it will be considered that the card provided is not valid.
• Requests for changes in date, duration, or number of Users (i) in non-refundable rates will not be accepted; and (ii) in flexible rates will be subject to availability, although Libere will attempt, as far as possible, to accommodate them. In such cases, the User must pay the applicable rate for the requested changes.
• If a User makes a reservation for multiple beds located in a shared room at Libere Hostels, it is not guaranteed that the reserved beds will be located in the same room, although Libere will make its best efforts to ensure this.
• In the event of unforeseen maintenance, repair, or adaptation tasks occurring before check-in, and provided they objectively prevent the stay, Libere will offer the User the choice between (i) a 100% refund of their reservation amount; or (ii) relocation to available accommodation that Libere has, with similar or superior characteristics. If these tasks occur during the stay:
  • Cases where the issue does not objectively prevent the stay: Libere will carry out these 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 security 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 the communication, they consent to the access of technicians and Libere staff to the room or apartment at the communicated date and time for these purposes.
  • If the User remains in the room or apartment, or otherwise prevents the execution of these tasks, it will be understood that they waive the execution of these tasks, which will be carried out at Libere’s discretion after their stay, with the User waiving any claims against Libere for this reason.
  • Cases where the issue objectively prevents the stay: Libere will offer relocation to another room or apartment, or another available accommodation with similar or superior characteristics; if the User does not accept the relocation offered by Libere, they will be refunded the amount for the nights they could not enjoy due to this reason.
• Users affected by any disability and requiring any additional service or requirement to ensure a correct stay must inform Libere of this before making the reservation.
• The prices and offers presented on the Libere Website include VAT and are only valid for reservations made on 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 confirmation, prices will not vary.
• In some destinations, the competent authority requires the User to pay an additional tourist tax that must be paid to Libere at 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 over the provisions herein.

3. Identification

To check-in and comply with applicable regulatory requirements in Spain, Users over 14 years old must provide Libere, among other data required under citizen security regulations, with the following:

• For European Users: DNI or passport;
• For non-European Users: passport or residence permit; and
• For citizen security reasons: a selfie to verify that the person checking in matches the person in the provided documentation.

All Users who provide the required documentation and information to Libere consent to Libere retaining it in its files for the legally required period, and Libere commits to maintaining confidentiality and not disclosing or using it for purposes other than those legally required. The collection and processing of these data will be carried out in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, as established in Libere’s privacy and personal data protection policy referred to in section 13. All Users must have their personal and family documentation in order according to current legislation. In the case of minors under 14 years old, their data will be provided by the accompanying adult, indicating the existing family relationship. It is their responsibility to obtain visas, passports, vaccination certificates, etc., if required by travel.

If a visa is rejected by any authority or entry into the country is denied, Libere declines all responsibility, and any expenses incurred will be borne by the User, applying the conditions and rules established for no-show situations described in the “Cancellations and no-show” section below.

Minors under 18 years old cannot stay in the establishments without being accompanied by an adult.

4. Conditions Applicable to Libere’s Online Check-in and Check-out Processes

Both the check-in (entry) and check-out (exit) procedures are carried out online at all our establishments, and therefore, Libere provides electronic devices (tablets) at the entrance of the establishments. Additionally, Libere offers assistance (telephone, email, and WhatsApp) or via chat 24 hours a day to Users who request it to complete this process.

• Online Check-in Process
  • At Libere accommodations, the check-in time is from 3:00 p.m. Libere makes accommodations available to Users in proper conditions of use, cleanliness, and maintenance. Therefore, in the absence of offered utensils or existing defects, the User has 24 hours to notify this via email at midstay@liberehospitality.com. The lapse of this period without reporting will imply the absence of defects and that the apartment has everything necessary.
• Online Check-out Process
  • On the day of the User’s departure from our establishment, they will receive an email reminding them to check-out through the link indicated in the email or directly in the Libere application. If the User has voluntarily entered their personal data and passwords on televisions to access their account on any digital platform, they must log out and delete such data, exonerating Libere from any responsibility regarding such data if not done.
  • The following are the User’s departure times and the deadline for check-out:
    • Libere Hostels: 12:00 p.m. on the same day of the User’s departure from the Libere establishment.
    • Libere Aparthotels: 11:00 a.m. on the same day of the User’s departure from the Libere establishment.
    • Libere Hotels: 11:00 a.m. on the same day of the User’s departure from the Libere establishment.
  • For reservations made with special rates or if Libere and the User have agreed on other conditions, the agreed specific conditions will apply.
  • If the room or apartment is not vacated within the indicated time, Libere reserves the right to charge the provided bank card an amount equivalent to the applicable rate for an additional night on the check-out date as compensation. If the check-out is not completed on the departure day, the compensation will be charged for each additional day the User stays without vacating the room or apartment.

5. Payment, Cancellation, No-show, and Refund Policy

No-show: In the event that the User does not show up without prior notice or cancellation (no-show) at the accommodation on the scheduled check-in date.

When making the reservation, the User can choose from the following rates: flexible-2d rate, flexible-7d rate, flexible-30d rate, or non-refundable rate, which will be governed by the following conditions:

• Flexible -2d Rate:
  • Payment: The total amount of the Reservation will be charged 48 hours before the check-in date. If the charge cannot be made and no valid alternative payment method is provided by the User, the Reservation will be automatically canceled.
  • Cancellation/no-show: Free cancellation up to 48 hours before the check-in date. If the User with the flexible-2d rate cancels outside the free cancellation period or generates a “no-show,” the penalty will be the total amount of the reservation (including VAT and taxes).
• Flexible-7d Rate:
  • Payment: The total amount of the Reservation will be charged 7 calendar days before the check-in date. If the charge cannot be made and no valid alternative payment method is provided by the User, the Reservation will be automatically canceled.
  • Cancellation/no-show: Free cancellation up to 7 calendar days before the check-in date. If the User with the flexible-7d rate cancels outside the free cancellation period or generates a “no-show,” the penalty will be the total amount of the reservation (including VAT and taxes).
• Flexible-30d Rate:
  • Payment: The total amount of the Reservation will be charged 30 calendar days before the check-in date. If the charge cannot be made and no valid alternative payment method is provided by the User, the Reservation will be automatically canceled.
  • Cancellation/no-show: Free cancellation up to 30 calendar days before the check-in date. If the User with the flexible-30d rate cancels outside the free cancellation period or generates a “no-show,” the penalty will be the total amount of the reservation (including VAT and taxes).
• Non-refundable Rate:
  • Payment: The total amount of the Reservation will be charged at the time of confirmation. If the charge cannot be made and no valid alternative payment method is provided by the User, the Reservation will not be formalized.
  • Cancellation/no-show: It cannot be canceled or modified at any time after the reservation confirmation (including no-show), so in case of cancellation or no-show, the User will be obliged to pay the total amount of the reserved stay (including VAT and taxes).

The cancellation conditions mentioned above do not apply to reservations made with special rates. In this case, the respective particular conditions established in the corresponding reservation will apply.

• Additionally, regardless of the applicable rate, once check-in is completed, cancellations or modifications of the reservation will not be accepted, and the User will be obliged to pay the total amount of the reserved stay. Líbere will proceed with the charge specified in the reservation (including VAT and, where applicable, taxes).
• All reservations are subject to availability. Líbere reserves the right to reject, cancel, or not accept a reservation at any time for any of the following reasons:
  • A technical or pricing error occurred on the Líbere Website when the reservation was made;
  • The space(s) listed in the reservation are not available;
  • The payment information provided is not valid, and no valid alternative details are provided;
  • Líbere’s security systems indicate that the reservation is abnormal, potentially fraudulent, or for illicit purposes; or
  • There are reasons indicating that the User is underage;
  • There are prior incidents indicating that the User has violated Líbere’s established rules.

In the first two points indicated, Líbere will offer reallocation to another accommodation of equal or superior category that Líbere has available or, if the User does not accept it, a refund of the total reservation amount if paid. In the other cases mentioned above, Líbere will cancel the reservation and refund the total reservation amount.

Líbere will not accept a cancellation made by the User outside the referred period citing illness, unless duly justified.

Visa, Mastercard, and American Express bank cards are accepted.

If (i) the cardholder used to make the reservation does not match the User, and/or (ii) the reservation exceeds the amount of €500, the User must provide Líbere with the requested details.

If, at the time of check-in, the User has not yet provided the documentation, they must pay the total amount of the reservation with a bank card in their name. In that case, Líbere will promptly refund the amount charged to the initial card, depending on the associated bank’s processing time. If not done, Líbere may cancel the reservation.

Group Reservations: For reservations made for groups or covering at least three apartments, Líbere reserves the right to charge the User, in advance and with prior notification, an amount of €200 as a deposit, which will be refunded within a maximum period of 30 days from the check-out, once the correct condition of the apartments is verified.

Refunds: Líbere will refund the amounts due to Users through the same payment method used for the reservation unless a different refund method is agreed upon, in which case the User must prove their ownership again.

6. Obligations of the Parties

Maintenance and Repairs: In case of unforeseen maintenance, repair, or adjustment tasks that need to be carried out in the establishment or apartments during the User’s stay:

• Líbere, directly or through third parties, will carry out these tasks by notifying the User with 24 hours’ notice of the day and time they are scheduled to take place. The User, if necessary for the best execution of the tasks, must vacate the apartment.
• If the User does not request a change of date and time within 24 hours of the notification, they consent to Líbere or the respective technicians accessing the apartment at the communicated date and time.
• Notwithstanding the above, in emergencies or cases where repairs need to be carried out immediately, the affected apartment user consents to Líbere or the appropriate technicians accessing the apartment without prior notice, notifying the User as soon as possible.

If the incident objectively prevents the stay, Líbere will offer the User relocation to another apartment in the same establishment or another (in the same city) with similar or superior characteristics; and if the User does not accept the relocation offered by Líbere, the nights not enjoyed due to this fact will be refunded.

The User agrees to notify Líbere of any incidents in their apartment or its furniture/fixtures as soon as possible.

Access to the Apartment, Room, and Building: Access to the building and apartments will be via PIN, which will be provided to the User at the time of check-in and once the corresponding reservation price has been paid.

For security reasons, the PIN is non-transferable to persons not included in the reservation, and both the primary reservation holder and all accompanying persons must be duly registered at the establishment. If Líbere detects a violation of this obligation, it may cancel the reservation and demand the apartment or room to be vacated. Under no circumstances may persons other than those identified in the reservation stay overnight unless previously authorized by Líbere. The establishment reserves the right to admit or refuse entry to individuals not duly registered in a reservation.

The User must follow the safety and emergency management instructions that are duly marked in Líbere accommodations:

• All apartments, rooms, and buildings are equipped with fire detectors, and common areas have security cameras complying with the applicable data protection and privacy regulations at any given time.
• Behind the access door to each apartment, there is an evacuation plan with the route and instructions to follow in an emergency, local emergency service phone numbers, and a Líbere emergency contact phone number.

The provisions in this “access to the apartment and building” section are essential obligations. Failure to comply by the User will result in the automatic cancellation of their reservation and an obligation to vacate.

Service Quality: Líbere commits to fulfilling its obligations and acting with the utmost diligence and attention, providing the quality service offered.

7. User Behavior

The User agrees to use the Services and establishments in accordance with the Law, morals, public order, good customs, and the provisions of these General Terms and Conditions. Consequently, the User agrees not to use the Services for illegal purposes and/or contrary to these General Terms and Conditions, harmful to the rights and/or interests of third parties, or in any way that could damage the services, Líbere, and/or its image.

Líbere is committed to the comfort and safety of our Users and complies with the applicable safety regulations in each establishment. Líbere reserves the right to demand the eviction of any User or companion who compromises the comfort or safety of other Users, without any refund to the User in question.

Additionally, if due to inappropriate behavior by the User, their companions, or their pet, damage is caused to the room or apartment or common areas of the establishment, Líbere reserves the right to charge the User’s bank card for the corresponding repair costs to restore the facilities to their original state (including furniture, utensils, or appliances) by providing proof of the incurred cost. If it is necessary to replace the facilities (including furniture, utensils, or appliances), the cost incurred in purchasing new items of the same characteristics will be charged, providing the corresponding invoice.

If, at the end of the stay, missing items from the furniture or belongings of the accommodation or room, or damage caused by inappropriate behavior by the User is detected, Líbere will charge the User for the repair or replacement cost, providing the relevant invoices for the expenses incurred.

If the User leaves the apartment or room in a state of dirt or disorder beyond what is considered normal and appropriate use, Líbere reserves the right to charge an amount of €20 for extra cleaning costs, and if applicable, the amount for damages and losses caused by the unavailability of the room or apartment during the cleaning and preparation tasks. The User agrees to accept this charge.

If any of the conditions stated in these General Terms and Conditions are not met, Líbere reserves the right to demand the immediate departure of the User and their companions from the premises. The expelled User will not be entitled to any refund, claim, or compensation.

8. Prohibitions

The following actions are expressly prohibited for the User and their companions (whether they stay overnight or not):

• Introducing or removing furniture from the apartment or making any kind of works, modifications, or repairs to it, however small they may be (e.g., drilling holes in the walls to hang pictures), without Líbere’s written authorization;
• Reselling or commercializing the apartment or using it for any purpose other than accommodating the persons listed in the reservation;
• Registering the apartment as a habitual residence or professional address and registering in it;
• Sharing the PIN with persons not included in the reservation;
• Introducing explosive, flammable, harmful, or unhealthy substances or others that may cause damage or annoyance to other Users of the establishment or its staff;
• Organizing parties and events of any kind, as well as playing music or making noise that may disturb other Users staying in nearby apartments or buildings, and in any case, above legally permitted levels;
• Not using machinery or engines that may cause vibrations, noise, or any other form of disturbance to other occupants of the building in question or neighbors, or that may negatively affect the apartment or building;
• Disrespecting or ignoring the instructions given by Líbere staff;
• Smoking in the facilities and apartments, including balconies and terraces;
• Consuming drugs or any other type of illegal substance;
• Lighting candles, incense, or any other element that may cause fires in the apartment or common areas;
• Manipulating or blocking emergency exits, security cameras, fire extinguishers, or the fire alarm;
• Installing signs or advertisements or any other promotional, advertising, or other nature elements on the facade and exterior of the establishment; nor
• Using the Internet access service provided by Líbere inappropriately or contrary to the usage conditions provided at the time of accessing the service.

Allowing access to the establishment to persons not registered without Líbere’s prior consent.

Additionally, in Líbere Hostels, the following is prohibited:

• Consuming alcoholic beverages (except in the cafeteria, provided they were purchased at the establishment);
• Engaging in behavior outside the generally accepted rules of conduct in shared rooms; nor
• Eating food in the rooms.

Violation of these rules allows Líbere to demand the immediate eviction of the User and may claim any damages caused to the establishment or Líbere’s image.

9. Cleaning Service

The description of the cleaning service offered at each Establishment is detailed in the FAQs, which the User can access through the Líbere mobile application or website.

Notwithstanding the provisions therein:

• At Líbere Aparthotels or Líbere Apartments, during the stay, the following will be performed if applicable:
  • Cleaning of the apartment at least once every 7 nights or upon request by the User (which will incur an additional charge) consisting of basic cleaning and maintenance tasks in the apartment (restocking of amenities, garbage collection, etc.) provided that neither the User nor their pet, if applicable, are present in the apartment. Additionally, Líbere will change the bed linens and provide towels at the beginning of the stay and during each cleaning.
• At Líbere Hostels, during the stay:
  • Shared rooms: The daily cleaning of the room will consist of basic cleaning and maintenance tasks in the common areas of the room (restocking of amenities, garbage collection, etc.) provided that no User is present in the room. Additionally, Líbere will provide bed linens at the beginning and every 7 nights, and towels will be available upon request and for a fee.
  • Private rooms: Cleaning will be performed at least once every 7 nights or upon request by the User (which will incur an additional charge) consisting of basic cleaning and maintenance tasks in the apartment (restocking of amenities, garbage collection, etc.) provided that neither the User nor their pet, if applicable, are present in the apartment. Additionally, Líbere will provide bed linens and towels at the beginning of the stay and during each cleaning.
• At Líbere Hotels, during the stay, the following will be offered:
  • Daily room cleaning or upon request by the User (which will incur an additional charge) consisting of basic cleaning and maintenance tasks in the room (restocking of amenities, garbage collection, etc.) provided that neither the User nor their pet are present in the room. Additionally, Líbere will change the bed linens and provide towels at the beginning of the stay and every 3 nights.

10. Pets

Bringing a pet incurs an additional fee indicated during the reservation process. If the User arrives at the Líbere establishment with a dog, they must comply with the following rules to ensure a pleasant stay for other Users of the establishment:

• Only dogs are allowed, with no weight or size restrictions. If traveling with a dog, the User must inform Líbere during the reservation process and, in any case, before check-in.
• If the User wishes to bring any other type of animal to the Líbere establishments, they must notify Líbere in writing before making the reservation to evaluate, on a case-by-case basis, the acceptance of the animal.
• A maximum of two dogs per room or apartment is allowed.
• In Líbere Hostels, dogs are only allowed in private rooms.
• The User must maintain the animal in proper hygienic and sanitary conditions and carry the updated animal’s health card, which Líbere may request at any time.
• The User is responsible for any damages caused by the animal to third parties or the property. The cost of such damages will be charged to the final bill of the stay.
• The User is always responsible for their animal and its behavior.
• Líbere reserves the right to refuse or expel animals that disturb other Users or staff or exhibit inappropriate behavior during the stay.
• The animal’s presence in small and closed spaces, such as elevators, should be avoided if it may disturb other Users.
• The animal cannot be left alone inside the room or apartment.
• Room cleaning service will only be carried out if the animal is not present.
• Animals are not allowed to relieve themselves in any areas (interior or exterior) that are part of the Líbere establishment.
• To enter, exit, or remain in the facilities, the animal must always be on a short leash and, if required by regulations, muzzled.
• The animal is not allowed on beds or sofas, nor may any items or furniture in the room or apartment be used to accommodate it. Líbere may provide a bed, water bowl, and food bowl for the animal, subject to availability, which must be left in the establishment upon the User’s departure.
• The animal cannot be bathed in the bathrooms or showers of the rooms or apartments, nor can Líbere’s towels be used to dry it.

11. Luggage Storage, Deposit, and Lost Items

Luggage Storage and Deposit: Líbere will not receive any goods for safekeeping from Users, who must store them in their apartments. Líbere is not responsible for (i) any damage to Users’ goods except in cases of intent or gross negligence by Líbere; nor (ii) for the safekeeping of goods (including, but not limited to, food, clothing, electronic devices, medications, etc.) located in private or common areas of the establishments, and therefore will not be liable for their deterioration, loss, misplacement, theft, or robbery.

Lost Items: If an item or garment of any kind is found in one of the apartments, it will be kept at the corresponding establishment for a maximum period of TWO MONTHS from the date of discovery and registration. If the owner of the item contacts Líbere within the two-month period, they must describe the item and identify the apartment where they stayed, as well as their reservation number, to match their details with our records. Once the details are verified, the owner of the lost item will be arranged for its delivery or collection at their expense. Líbere is not responsible for lost items in the establishments and does not guarantee that they will be found.

12. Limitation of Liability

This document sets out the obligations and responsibilities of Líbere with the User, without prejudice to the specific conditions that may apply in each case. There are no warranties, conditions, or other terms binding on Líbere except those expressly mentioned in this document, without prejudice to liabilities that, according to applicable Spanish law, cannot be excluded. In this sense, no provision of this document will affect mandatory consumer provisions. 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 considered null or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or modified in any way. In case of force majeure or other exceptional events that prevent the provision of the Service and, specifically, making the reserved room, bed, or apartment available to the User, Líbere reserves the right to accommodate the User, for all 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 end of the force majeure period, subject to the prior consent of the User.