1. Introduction
This document aims to regulate the General Terms and Conditions of the medium-term tourist accommodation services offered by Libere Hospitality, S.L., with its registered address at 2 Gran Vía Street, 48001, Bilbao. Libere Hospitality, S.L. was established through a public deed granted before the Notary of Bilbao, Mr. Vicente-María del Arenal Otero, on March 8, 2019, under protocol number 445. It is registered in the Mercantile Registry of Bizkaia, Volume 5,850, Folio 72, Sheet BI-73,271, Entry 1, with Tax ID B-95953683 (“Libere”).
The term “User” is used herein to refer to all individuals and/or entities (reservation holders and accompanying guests) who, for any reason, access www.staylibere.com or use the medium-term tourist accommodation services and other complementary services referred to herein.
The purpose of the medium-term tourist accommodation services is to reserve a furnished apartment for the User’s use and enjoyment, along with additional complementary services that can be contracted for their use and enjoyment (collectively, the “Services“).
Therefore, the use of the Services requires the prior full and unconditional acceptance by the User (i.e., the reservation holder and accompanying guests) of each and every one of these General Terms and Conditions, as well as the other policies referred to in section 14 of this document. These terms will govern the relationship between Libere and the User during their stay. The provisions herein apply unless specific conditions different from this are agreed upon in the Reservation, in which case, they will prevail as appropriate.
2.Service Booking
The formalization of a reservation implies the adherence 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 14.
In this regard, and by accepting these General Terms and Conditions, 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.
- In the case of staying with minors, to be their parent or legal guardian or, if not, to have the corresponding authorization, which must be provided to Libere.
- To understand and comprehend all of 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 registered as such in any public or private institution or entity.
- That the data provided by them, or by third-party companions, when making the reservation is correct, true, up-to-date, and complete.
- That they do not engage in any type of crime or fraud when making the reservation payment.
The User can formalize a reservation by phone or through www.staylibere.com (hereinafter, the “Website“), by contacting the staff through the tools enabled for this on the Website or through any other official platform or agency where this possibility is offered.
To complete the reservation process, the User must:
- Fulfill all steps required by Libere or the corresponding platform and provide (i) all 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 admission via email, provides a reservation reference, and the User makes the payment for the Services (including the corresponding deposit), at which point the legal 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 confirming their reservation.
- If the User realizes that they have made an error 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. Libere will make its best efforts to rectify the corresponding reservation, provided availability has not been exhausted during the mentioned period.
- Outside of the cases referred to in the previous paragraph, Libere does not commit to rectifying the erroneous reservation but, if done, the User must pay the fee corresponding to the requested changes.
- Users with disabilities requiring additional services or requirements for a proper stay must inform Libere before making the reservation.
Prices and Payment Conditions
The prices and offers presented on the Website include VAT and are only valid for reservations made on the 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 agreed-upon prices will be maintained.
Visa, Mastercard, and American Express credit cards are accepted. If (i) the cardholder used for the reservation does not match the User, and/or (ii) the reservation exceeds the amount of €500, the User must follow the instructions provided by Libere in these cases to ensure payment security.
If, at the check-in, the User has not provided the requested documentation, they must make the full payment of the reservation with a credit card in their name. In this latter case, the Manager will promptly refund the amount charged to the initial card, depending on the bank associated with the reservation and the effective timeframe for the corresponding charge.
3. Identification
To carry out check-in and comply with the applicable regulations in Spain (including, among others, public safety regulations), Users (including the reservation holder and, if applicable, accompanying guests) aged 14 and above agree to:
Complete and sign a registration and traveler entry form provided by Libere in accordance with the applicable regulations. Additionally, when required by regulations, Libere will provide the User with an admission document. Provide the following information for the purpose of verifying the accuracy of the data included in the registration forms and the identity of the Users: Personal identification details (name, surname, address, etc.). Identification document and date of issue: For Spanish Users: copy and details of the ID card, passport, or driver’s license. For foreign Users: copy and details of the passport, letter, or identity document (for citizens of the European Union, Andorra, Iceland, Switzerland, Norway, Malta, Monaco, and San Marino). Valid Spanish residence permit for foreigners residing in Spain. For public safety reasons, an instant selfie so that Libere can verify that the individuals registered in the reservation match those entering the establishment.
In the case of individuals under 18, their details will be provided by the accompanying adult (i.e., parents or legal guardian, and if neither, the corresponding authorization must be provided as required by Libere).
All Users providing the documentation and information required by Libere consent to Libere keeping it in its files for the legally required period, and Libere commits to fulfilling 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 the Protection of Personal Data and guarantee of digital rights, and other regulations that develop it, as established in Libere’s privacy and personal data protection policy outlined in section 14.
All Users, without exception (including those under 18), must have their personal and family documentation in order, according to current legislation. They are responsible for obtaining visas, passports, vaccination certificates, etc., when required for their travels.
In case the granting of visas is rejected by any authority, or entry to the country is denied, Libere disclaims all responsibility, and any expenses incurred will be the responsibility of the User, applying the conditions and rules established for the case of a no-show as outlined in the “Cancellations and No-show” section below.
Individuals under 18 cannot stay in the accommodation without the company of an adult.
Libere is authorized to communicate the Users’ data to the Data Processing Center of the General Directorate of Police or the General Directorate of the Civil Guard, as the case may be.
4. Conditions applicable to 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 entrances of the establishments for Users. Additionally, Libere will provide 24-hour telephone assistance to Users who request it to complete this process.
Online check-in process
In accommodations operated by Libere, the check-in time is from 3:00 PM local time.
Libere provides the User with accommodations in good conditions of use, cleanliness, and maintenance. Therefore, in case of missing equipment or existing defects in the facilities, the User has a period of 24 hours to report it by email to midstay@liberehospitality.com. The lapse of this period without reporting anything means that there are no defects, and the apartment has everything necessary.
Online check-out process
Prior to the scheduled check-out time, the User will receive an email indicating the necessary steps to formalize the departure. If the User has entered personal data and passwords on the televisions to access their account on any digital platform, they must log out and delete such data, releasing Libere from any responsibility regarding such data if not done.
Check-out must be completed before 11:00 AM on the scheduled departure day.
If the apartment is not vacated within the indicated timeframe, Libere reserves the right to charge the provided credit card an amount equivalent to the price applicable on the check-out date for an additional night at the standard rate, as compensation for the damage caused to Libere and its other customers by this act. In case check-out is not done on the departure day, the compensation will be charged for each additional day the User remains without vacating.
5. Cancellation policy and no-show cases. Refunds.
No show: A “no show” occurs if the User does not appear at the accommodation on the scheduled day of entry without notifying Libere or canceling the reservation. If the User does not notify or appear at the accommodation after 48 hours from the scheduled check-in time, the reservation will be automatically canceled, and the User will not be entitled to a refund of any amount paid for the accommodation during the specified period (except, if applicable, any deposit).
Cancellation policy: Once the reservation is formalized and the corresponding amount is paid, no cancellations or modifications to the reservation will be accepted, and the User will not be entitled to a refund of any amount (except, if applicable, any deposit that may have been paid).
If the reservation is made through an agency or platform other than the Website, the cancellation policy will be indicated in each case by the agency or platform used.
All reservations are subject to availability. Additionally, the Manager reserves the right not to accept or cancel the formalization of a reservation for any of the following reasons:
- The space(s) listed in the reservation are no longer available due to unforeseen circumstances.
- The provided payment information is not valid, and no valid alternative data is provided.
- Security systems indicate that the reservation is abnormal, may be fraudulent, or has illegal purposes.
- There are reasons indicating that the User is a minor.
- There are previous incidents indicating that the User has violated the rules established by the Manager.
In the first case, Libere will offer relocation to another accommodation of equal or higher category or a full refund of the total reservation amount if already paid. In the other cases mentioned above, Libere will proceed to cancel the reservation and refund the total amount of the corresponding reservation.
In case of force majeure or other exceptional circumstances preventing the provision of the Service and, specifically, making the reserved apartment available to the User, Libere reserves the right to accommodate the User, for the entire or part of their stay, in an establishment of equivalent category; refund the amounts paid, or postpone the service until the end of the force majeure period, subject to the prior agreement of the User.
Refunds: Libere will reimburse Users through the same payment method used for the reservation unless they agree on a different refund method, in which case the User must reconfirm their ownership.
6. Duration of the reservation and renewals
Medium-stay tourist reservations will have a monthly duration, extending for additional monthly periods up to a maximum of 12 months, subject to agreement by both parties with 20 days’ notice prior to the expiration date. Accordingly, Líbere may refuse to accept a User’s extension request due to lack of availability, changes in internal policies, rates, the User’s misconduct, or any other reason deemed appropriate.
Furthermore, Líbere reserves the right to update (i) these Terms and Conditions as well as (ii) the price of any reservation or the amount of the deposit; committing to communicate these facts to the corresponding User, at least 1 month in advance of the effective month.
Extension of the reservation:
If the User communicates their intention to extend the reservation for an additional month 20 days before its expiration, and Líbere accepts such extension, the User must, following Líbere’s instructions, pay the corresponding amount for the next month 7 days before the expiration date to formalize the extension properly. For example, if the user communicates on March 7 that they want to extend their stay to April, they must pay the corresponding amount for April before March 24. If the user wishes to change the payment method used, they must send an email to midstay@liberehospitality.com. In case, when charging the reservation to the specified payment method, it cannot be completed, the User agrees to provide a new payment method immediately and, failing to do so within 5 business days, Líbere reserves the right to cancel the reservation and demand the evacuation of the apartment, attributing the amount of the deposit to the payment of the unpaid amounts.
No extension of the reservation:
In the event that (i) the User does not wish to extend the duration of the reservation, they must communicate this in writing 20 days before the expiration date by sending an email to midstay@liberehospitality.com; (ii) on its part, Líbere will send the communication to the email address indicated by the User at the time of making the reservation. In this case, Líbere will refund the deposit amount within 30 days from the termination date.
User’s Silence:
If the User has not communicated their intention to renew or not to Líbere within the specified period and has not paid any amount on the indicated dates, it will be understood that the User has no intention of renewing, and Líbere may market the apartment to third parties to be occupied from the 1st day of the following month. In this case, Líbere has the right to retain the deposit as compensation for lost profit and the inability to occupy the apartment in such a short period.
For example, if by March 24, the User has neither communicated their intention not to renew nor paid the amount for the following month (April), Líbere has the right to retain the deposit as a penalty for lost profit due to the non-commercialization of the apartment.
If at any time during the current month, the User wishes to leave the establishment before the end of the already paid period, no refund will be made, except for the corresponding deposit (if applicable).
7. Obligations of the Parties
Maintenance and Repairs
In the event of unforeseen maintenance, repair, or adaptation tasks during the stay:
- Cases where the incident does not objectively prevent the 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, if necessary, must 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 to the room or apartment, on the communicated date and time, by Libere’s technicians and staff for these purposes.
If the User remains in the room or apartment or somehow hinders the completion of these tasks, it will be deemed that they waive the execution of the tasks, and they will be carried out at the discretion of the Manager once their stay is completed. In this case, the User renounces any claim against Libere for this matter.
- Cases where the incident objectively prevents the stay: Libere will offer relocation to another apartment or another accommodation with similar or superior characteristics. If the User does not accept the relocation offered by Libere, they will be reimbursed for the amount of the nights they could not enjoy due to this circumstance.
Notwithstanding the above, in cases of emergency or where immediate repair is necessary, the user of the affected apartment consents to Libere or the appropriate technicians accessing the apartment without prior notice and must communicate this to the User as soon as possible.
The User agrees to promptly notify Libere of any incidents in their apartment or its furniture/facilities.
Access to the Apartment and Building. Security
Access to the building and apartments will be via a PIN code, which will be provided to the User at the end of the check-in process.
- For security reasons, the PIN code is non-transferable to individuals not included in the reservation, and both the User, the reservation holder, and all accompanying persons must be duly registered in the establishment. Under no circumstances can persons not identified in the reservation stay overnight unless prior authorization is obtained from the Manager. The establishment reserves the right to deny entry to individuals who are not properly registered in a reservation.
- The User must follow the safety and emergency management instructions clearly indicated in the accommodation:
- The building complies with applicable safety regulations and is equipped with fire detectors, as well as security cameras in common areas, which comply with the regulations on personal data protection and privacy applicable at all times.
The provisions in this section “Access to the Apartment and Building” are an essential condition of the reservation, and failure to comply by the User will result in an automatic cancellation of their reservation and the obligation to vacate, with the refund of the corresponding amounts for the days not enjoyed.
Quality of Service
Libere undertakes to fulfill its obligations and act with the utmost diligence and attention to the quality of the offered service.
8. User Behavior
The User agrees to use the Services and establishments in accordance with the Law, morality, public order, and good customs, as well as the provisions in these Terms and/or General Conditions. Consequently, the User undertakes not to use the Services for illegal purposes and/or contrary to what is established in these Terms and/or General Conditions, harmful to the rights and/or interests of third parties, or that may, in any way, damage the Services, Libere, and/or its image.
Libere is committed to the comfort and safety of our Users and, for these purposes, complies with the applicable safety regulations at each establishment. Libere reserves the right to require the evacuation of the facilities to any User or companion who violates the building rules, public order, or compromises the comfort or safety of other Users, without any refund to the User in question.
Moreover, if, as a result of inappropriate behavior by the User, their companions, or their pet, damages or harm occur in the apartment or common areas of the establishment, Libere reserves the right to charge the corresponding amount for the repairs carried out to restore the initial condition of the facilities (including furniture, utensils, or appliances) to the User’s credit card, crediting the incurred cost. If the replacement of the facilities (including furniture, utensils, or appliances) is necessary, the amount incurred in the purchase of new facilities with the same characteristics will be charged, and the corresponding invoice will be provided.
In the event that, at the end of the stay, there is a lack of furniture or utensils in the apartment, damages or harm caused by inappropriate behavior of the User, Libere will, after communication, charge the User for the cost of repair or replacement, providing invoices to demonstrate the corresponding expenses.
If the User leaves the apartment in a state of dirtiness or disorder beyond what is considered normal and appropriate use, Libere reserves the right to demand a fee of €20 for extra cleaning expenses and, if applicable, the amount of damages caused by the unavailability of the room or apartment during the cleaning and adaptation tasks of the apartment or room. The User declares to accept such charges.
9. Prohibitions
The following actions are expressly prohibited for the User and their companions (whether staying overnight or not):
- Introducing or removing furniture from the apartment or carrying out works, modifications, or repairs of any kind, no matter how small (e.g., making holes in the walls to hang pictures), without written authorization from Libere.
- Reselling or commercializing the apartment or using it for any purpose other than accommodating the individuals listed in the reservation.
- Registering the apartment as a habitual residence or professional address and registering it. Sharing the PIN with individuals not registered in the reservation.
- Introducing explosive, flammable, harmful, or unsanitary materials or substances or any others that may cause damage or discomfort 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 Users staying in nearby apartments or buildings, and in any case, exceeding legally permitted parameters.
- Not using machinery or engines that may cause vibrations, noise, or any other form of annoyance to other occupants of the building or neighbors, or that may negatively impact the apartment or building.
- Disrespecting or violating the instructions given by Libere’s staff.
- Smoking in the facilities and apartments, including balconies and terraces. In the event that these actions cause damage to furniture or installations, Libere will charge the User the cost of replacement or repair of the affected furniture or installation.
- Consuming drugs or any other type of illegal substance.
- Lighting candles, incense, or any other element susceptible to causing fires in the apartment or common areas. In the event that these actions cause damage to furniture or installations, Libere will charge the User the cost of replacement or repair of the affected furniture or installation.
- Manipulating or blocking emergency exits, security cameras, fire extinguishers, or the fire alarm.
- Not installing signs or advertisements or any other promotional, advertising, or other nature elements on the facade and exteriors of the establishment.
- Using the Internet access service provided by Libere improperly or contrary to the conditions of use provided at the time of accessing the service.
- Allowing access to the establishment by individuals who are not registered without the prior consent of Libere.
If any User fails to comply with any of the obligations stated in these Terms and Conditions of Contract, Libere reserves the right to demand the immediate departure of the User and their companions from the facilities. The expelled User will not be entitled to any refund, claim, or compensation.
10 Cleaning Service.
It is the User’s obligation to allow an external cleaning team to access the apartment every week during the time slots communicated by Libere with sufficient advance notice. If the User communicates the impossibility of carrying out the cleaning in the communicated time slot, the User forfeits the right to that cleaning, which will be carried out the following week. However, in the event that the User communicates the impossibility of performing cleaning tasks in their apartment two consecutive times, Libere and the User will agree on a date for Libere’s staff to inspect the condition of the apartment. The User cannot refuse cleaning of the apartment more than two consecutive times; otherwise, it will be grounds for Libere to cancel the reservation.
The cleaning company will report to Libere any incidents detected in the apartments, and Libere will take appropriate measures to resolve them.
When the User communicates their intention not to renew the reservation, prior to vacating, Libere will indicate a day and time for the inspection of the apartment.
In the cases of inspection mentioned above, if Libere detects extraordinary dirt in the apartment or an inadequate state of conservation, Libere reserves the right to (i) charge or deduct from the deposit given by the User the amounts corresponding to extraordinary cleaning or repairs to be carried out to fix the detected defects, and (ii) if applicable, demand the early eviction of the apartment for non-compliance with these Terms and Conditions without having to return any amount to the User, except (if applicable) the excess of the deposit.
11. Animals
Booking with a pet incurs a supplement of €200 in the deposit, as well as in the rate, which will be indicated during the booking process. In the case of bringing dogs to the establishment, the User must comply with the following rules aimed at ensuring a pleasant stay for the other Users of the establishment:
- Only a maximum of 2 dogs are allowed in the apartments, and this must be communicated at the time of booking and, in any case, before check-in. The entry of any other animal into the establishment must be authorized by Libere.
- The User must keep the pet secured and in proper hygienic and sanitary conditions and carry the updated animal booklet, and Libere may request a copy of the booklet at any time.
- The User is responsible for any damages caused by the pet to third parties, furniture, or other facilities. The cost of such damages will be charged in the final invoice of the stay or deducted from the paid deposit.
- At all times, the User is responsible for their animal and its behavior.
- Libere reserves the right not to admit or expel animals that cause inconvenience to other Users or staff of the establishment or exhibit inappropriate behavior during the stay.
- The presence of the animal in small and enclosed spaces (e.g., the elevator) will be avoided if it could be a nuisance to other Users.
- The animal cannot be left alone inside the apartment.
- The room cleaning service will only be carried out if the animal is not present.
- It is not allowed for the animal to relieve itself in the areas (indoors or outdoors) that are part of the Libere establishment.
- To enter or remain on the premises, the User must always have the animal on a short leash (and with a muzzle if required by regulations).
- It is not allowed for the animal to climb onto beds or sofas, nor to use any of the utensils or furniture found in the room or apartment to accommodate it. For this purpose, the Manager may provide, if available, a bed, a water bowl, and a food bowl for the User, which must be left in the establishment upon departure.
- You cannot bathe the animal in the bathrooms or showers of the rooms or apartments, nor can you use the towels provided by Libere to dry it.
12. Storage. Deposit and Lost Items.
Storage and Deposit
Libere will not accept any goods on deposit from Users, who must keep them in their apartments.
Libere is not responsible for (i) any damage that the goods of Users may suffer except in cases of willful misconduct or gross negligence on the part of Libere; nor (ii) for guarding the goods (including, among others without limitation, food, clothing, electronic devices, medications, etc.) located in private or common areas of the establishments, and therefore, will not be liable, under any circumstances, for their deterioration, loss, misplacement, theft, or robbery.
Lost Items
In the event that any Libere staff or cleaning service personnel hired by Libere find an object or garment of any kind in one of the apartments, it will be reported to the Operations and Customer Service team of Libere to be recorded in the Lost Items Register, including the room number, booking number, and departure date.
Once the loss is recorded 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 object contacts Libere, they must describe the object and identify the apartment in which it was accommodated, as well as provide their booking number to match their data with our records.
Once it is verified that the data match, the method of delivery or collection of the lost item will be agreed upon with the owner, at their expense.
On the contrary, if within the TWO MONTH period, no one contacts Libere, the lost object or garment will be handed over to the corresponding municipal authorities.
Libere is not responsible for lost items in the establishments and does not guarantee that they will be found.
13. Miscellaneous.
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 warranties, conditions, or other terms that are binding on Libere, except those expressly mentioned in this document and in the reservation, without prejudice to the responsibilities that, according to the applicable Spanish law, cannot be excluded.
In this sense, no provision of this document will affect the mandatory consumer law provisions. In the event that 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 void or unenforceable, the validity, legality, and enforceability of the rest will not be affected in any way, nor will they be modified in any way.
The parties will not incur liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.
14 Data Protection and Privacy, Intellectual Property, and Cookie Policy.
The User agrees to:
- The privacy and personal data protection policy outlined at https://www.staylibere.com/en/privacy-policy.
- The cookie policy outlined at https://www.staylibere.com/en/cookie-policy.
- The legal notice outlined at https://www.staylibere.com/en/legal-notice.
The Website and its original content, features, and functionality are the property of Libere and are protected by international copyright, trademarks, patents, trade secrets, and other intellectual property or proprietary rights laws.
We may terminate 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 termination will survive it, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The User releases Libere from any liability in the event that unauthorized third parties access their data through Libere’s computer systems in the event of a cyber attack, provided Libere has reasonable security measures for this purpose. However, Libere applies appropriate means to prevent illegal intrusions.
15. Website Information.
The Website and its content are provided for informational purposes, and Libere is not responsible for its accuracy, usefulness, or availability, nor for any errors or omissions in such information. However, at Libere, we work to improve our service and avoid errors in the content of the Website and, if they exist, correct them as soon as possible.
We reserve the right to make changes to these General Terms and Conditions and other policies, as well as to the Website (www.staylibere.com) unilaterally and without prior notice, in order to update, correct, modify, add, or delete its contents or design.
16. Claims.
Any claim that the User deems appropriate will be addressed as soon as possible and can be formalized through the online reception of the establishment, which can be accessed through the Website or mobile application, or through the complaint forms made available to the User at the establishments.
17. Applicable Law 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. Without prejudice to the foregoing, any dispute arising from the provision of services at any Líbere establishment where a consumer is accommodated will be subject to the competent Courts and Tribunals according to the regulations applicable to consumers.