Mid stay: General Conditions of Contract and Líbere House Rules

1 Introduction.

The purpose of this document is to regulate the GENERAL TERMS AND/OR CONDITIONS OF (the “General Terms and/or Conditions”) the mid-stay accommodation services offered by Líbere Hospitality, S.L., with registered office at calle Gran Vía 2, 48001, Bilbao, incorporated by public deed executed before the Notary Public of Bilbao, D. Vicente-Maria del Arenal Otero, on March 8, 2019 under number 445 of the protocol, and registered in the Commercial Registry of Bizkaia in Volume 5,850, Folder 72, Page BI-73,271, 1st entry, and with NIF (Tax Identification Number) B-95953683 (“Líbere“).

The term “User” is used herein to refer to all individuals and/or entities using the mid-stay accommodation services and other complementary services offered by Líbere and referred to herein.

The purpose of the mid-stay accommodation services is to reserve a fully equipped apartment for the use and enjoyment of the User, together with any additional and supplemental services that the User may contract for (collectively, the “Services“).

2. Acceptance of General Terms and/or Conditions.

The use of the Services implies the full and unconditional acceptance by the User (i.e. the holder of the reservation and its companions) of these General Terms and/or Conditions, as well as the other provisions referred to in section 15 of this document, which regulate the relationship between Líbere and the User during its stay, unless other specific conditions have been agreed upon, which may take precedence over these provisions.

By accepting these General Terms and/or Conditions, the User expressly declares:

• be of full age and legal capacity to make the reservation on their own behalf and on behalf of the third parties traveling with them;
• in the case of a stay with minors, be their legal guardian or, if not, have the appropriate permission, which the User must give Líbere in advance;
• understand and accept the entirety of the General Terms and/or Conditions and all other policies referenced herein;
• expressly recognize and accept that the establishment can in no case be their usual and permanent residence or professional domicile;
• that the information provided by the User or accompanying third parties when making the reservation is accurate, truthful, current and complete; and
• that the User is not committing a crime or fraud of any kind by making the reservation payment.

3. Formalization of the reservation.

Any person or entity interested in the Services and prior to formalizing a reservation may request a quote through www.staylibere.com (hereinafter, the “Líbere Website“) or any other official platform where Líbere offers this possibility, as well as by telephone. Líbere staff will contact the appropriate person or entity to confirm check-in and check-out dates, as well as available apartments and prices.

The prices and offers presented on the Website include VAT (Value Added Tax) and are only valid for bookings directly made on the Líbere Website or by telephone through Líbere staff. Prices on the Website are in euros and are subject to change up or down without notice.

To complete the reservation process the User must:

• take all the steps required by Líbere or the relevant platform and to provide all the data required in accordance with the provisions of paragraph 4 below, as well as a credit or debit card number belonging to the reservation holder as a guarantee of confirmation of the reservation. Visa, Mastercard and American Express are accepted;
• pay the corresponding price for the Services and an amount of 500.00 euros (or 700.00 euros in the case of a stay with a pet) as a deposit, which will be returned within a maximum of 30 days after check-out, after verification of the proper condition of the apartment; and
• inform Líbere if they are affected by a disability and therefore need additional services or requirements to ensure a proper stay.

Reservation requests shall not be deemed accepted until Líbere confirms acceptance by e-mail, provides a reservation reference, and User has paid for the Services (including the applicable deposit), thereby formalizing the relationship between the User and Líbere.

4. Identification.

To check in and comply with the regulations in force in Spain (i.e., among others, the citizen safety regulations), Users (including the reservation holder and, if applicable, accompanying persons) older than 14 years of age agree:

• Complete and sign a passenger registration and entry form provided by Líbere in accordance with applicable regulations. In addition, when required by law, Líbere will provide the User with an admission document.
• Provide the following information so that Líbere can verify the truthfulness of the data contained in the registration parts and the identity of the Users:
  • Your personal identification data (name, surname, address, etc.);
  • Identity card number and date of issue:
    • For Spanish Users: copy and data of ID card, passport or driver’s license.
    • For foreign Users: copy and details of passport, letter or identity card (for citizens of the European Union, Andorra, Iceland, Switzerland, Norway, Malta, Monaco and San Marino). Valid Spanish residence permit for foreigners residing in Spain.
  • Selfie for the sole purpose of verifying that the identity of the User coincides with the person making the reservation and his/her companions.

In the case of persons under the age of 14, their data will be provided by the person of legal age who accompanies them (i.e. their parents or legal guardians and, if neither of them, they must give the appropriate permission under the conditions required by Líbere).

All Users, without exception, must have their personal and family documentation in order, according to current legislation. It is the responsibility of the traveler (if required) to obtain visas, passports, vaccination certificates, etc., and Líbere reserves the right not to accept or cancel the booking if these cannot be obtained. In the latter case, the cancelation policy set forth in Section 6 of this document shall apply without any liability on Líbere’s part.

Children under 18 years of age are not allowed to stay in the accommodation without the accompaniment of an adult. Notwithstanding the foregoing, Líbere reserves the right to accept, in exceptional cases, the accommodation of persons over 16 years of age unaccompanied by adults, provided that they present a power of attorney signed by their parents or guardians in accordance with the model provided by Líbere and that the reservation has been made by them.

All Users who provide the documents and information requested by Líbere agree that Líbere will keep them in its files for the period prescribed by law, and Líbere undertakes to comply with its obligation of confidentiality and not to disclose or use them for purposes other than those prescribed by law. The collection and processing of this data will be in accordance with the Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights as set out in Líbere’s privacy and personal data protection policy noted in section 15.

5. Check-in and check-out (operational).

Both check-in and check-out procedures are carried out online in all our establishments and, for this reason, Líbere provides the User with electronic devices (tablets) at the entrance of the establishments. Besides, Líbere will provide telephone assistance to those Users who request it.

Online check-in process

In Líbere, check-in time is from 15:00 hours (CET).

The User has a period of 24 hours to notify by e-mail to midstay@Líberehospitality.com any existing damage in the apartment. If nothing has been reported within this period, it means that the apartment is in proper condition. Therefore, if damage is found at check-out, it is due to improper behavior of the User and the corresponding amounts will be deducted from the deposit.

In case of unforeseen maintenance, repair or adjustment work that takes place before check-in, and provided that it is objectively impossible to occupy the stay, Líbere offers the User to choose between (i) the refund of 100% of the amount of the booking or (ii) a move to accommodation that Líbere has available or a third party’s accommodation, with similar or better characteristics.

Check-out process online

On the day of the User’s departure, the User will receive an email reminder and a link to complete the check-out process, which can also be done directly through Líbere’s electronic application.

The latest time for the User to check out and vacate the apartment is 11:00 a.m. (CET) on the same day of the User’s departure.

In case of failure to vacate the apartment in due time, Líbere reserves the right to charge, as compensation, the indicated bank card with an amount equal to the price for one night’s stay applicable on the day of check-out, in addition to the applicable standard rate. In case of no check-out on the day of departure, compensation will be charged for each additional day the User remains without vacating the apartment. In any of the above situations, Líbere will, if necessary, enlist the assistance of law enforcement authorities.

6. Cancellation’s policy. No-show. Returns.

Cancellation’s policy: Once the reservation has been formalized, cancelations or changes to the reservation will not be accepted, so the User is obliged to pay the full amount of the reserved stay and Líbere will charge the fee specified in the reservation (VAT and including taxes, if applicable).

No show: In case the User does not show up without prior notice (no show) at the accommodation on the day set for check-in, he/she will be charged for the total amount of the contracted stay.

Returns: will reimburse the amounts that correspond to the Users through the same payment method that the reservation was made, unless they agree on a different refund method, in which case the User will have to prove ownership again.

7. Duration of reservation and renewals.

Reservations for a mid-stay are valid for a monthly period and are automatically renewed for a monthly period up to a maximum of 12 months, unless Líbere or the User notify their will to the contrary by email at least 20 business days before the end date.

Notwithstanding the foregoing, Líbere reserves the right to update (i) these Terms and Conditions and (ii) the price of any reservation or the amount of any deposit prior to any renewal, and Líbere agrees to notify User of such fact at least 1 month prior to the month in which it becomes effective.

In the event of a renewal, Líbere will charge in advance, within the first 7 business days of the relevant month, the price applicable to the reservation for the month in question. If the User wishes to change the payment method agreed during the reservation process, he/she should send an email to midstay@liberehospitality.com. In the event that, when the reservation is charged to the specified payment method, the User undertakes to immediately provide a new payment method and if he/she does not do so within 5 business days, Líbere reserves the

right to cancel the reservation and request the eviction of the apartment, offsetting the amount of the deposit with the payment of unpaid amounts.

In the event that the User or Líbere does not wish to extend the Reservation Term, (i) the e-mail address to which the User must send such notice is: midstay@liberehospitality.com; (ii) Líbere, for its part, will send the notice to the e-mail address that the User provided when making the Reservation.

If at any time during the current month, the User wishes to leave the establishment before the end of the period already paid, no refund will be made, except for the corresponding deposit (if any).

8. Obligations of the parties during the stay.

Maintenance and repairs

In the event of unexpected maintenance, repair or adjustment work that must be carried out during the User’s stay in the facility or apartments:

• Líbere performs these tasks directly or through third parties by notifying the User with 24 hours’ notice of the day and time when the tasks are to be performed. The User is obliged to vacate the apartment if this is necessary for the best possible performance of the tasks.
• If the User does not request a change in the date and time within 24 hours of notification, the User agrees that Líbere or the appropriate technicians will enter the dwelling on the date and time notified.
• Notwithstanding the foregoing, in cases of emergency or in which it is necessary to carry out the repair imminently, the User of the affected apartment consents that Líbere or the appropriate technicians access the apartment without prior notice and must communicate this fact to the User as soon as possible.

If the incident makes the stay objectively impossible, Líbere will offer the User accommodation in another apartment of the same establishment or in another apartment (in the same city) with similar or better characteristics; and if the User does not accept the accommodation offered by Líbere, he/she will be refunded the amount of the nights he/she could not enjoy due to this fact.

Access to the apartment

Access to the building and apartments is through PIN, which will be provided to the User at check-in, once the price of the reservation has been paid.

Under no circumstances may people other than those identified in the reservation stay overnight, unless previously authorized by Líbere.

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

• All apartments and buildings are equipped with fire alarms and common areas have security cameras that comply at all times with current regulations on the protection of personal data and privacy.
• Behind the access door to each apartment is an evacuation plan with the route and instructions to follow in the event of an emergency, as well as the phone numbers of local emergency services and a Líbere contact phone number for safety emergencies.

Quality of Service

Líbere undertakes to perform its obligations and to act with the utmost care and diligence and to provide the Services of the quality offered.

9. User behavior.

The User undertakes to use the Services and Facilities in accordance with the law, morality, public order and good customs, as well as with the provisions of these Terms and Conditions. Consequently, the User undertakes not to use the Services for purposes or effects that are unlawful and/or contrary to the provisions of these Terms and Conditions and/or General Terms and Conditions, violate the rights and/or interests of third parties or that may in any way harm the Services, Líbere and/or its image.

Líbere is committed to the comfort and safety of its users and, to this end, complies with the safety regulations in force in each facility. Líbere reserves the right to expel from the facilities any User or companion who endangers the comfort or safety of other Users, without refunding any amount to such User.

In addition, if the User, the User’s companions, or the User’s pet cause damage to the apartment or common areas of the facility through inappropriate behavior, Líbere reserves the right to deduct the amount corresponding to repairs to restore the facilities (including furniture, household goods, or appliances) to their original condition from the security deposit or, if insufficient, to charge the User’s credit card directly, providing the appropriate invoices to substantiate such amounts.

If any of the conditions set forth in these Terms and Conditions are not met, Líbere reserves the right to terminate the relationship with the User and require the immediate departure of the User and his/her companions from the Facilities. The expelled User shall not be entitled to a refund of any amount, claim or compensation whatsoever.

10. Prohibitions. 

It is expressly forbidden for the User and his/her companions (whether they stay overnight or not) to perform any of the following actions:

1. bring in or remove furniture from the apartment or do any work, alterations or repairs of any kind in the apartment, no matter how small, without Líbere’s written permission (e.g. make holes in the walls to hang pictures);
2. resell or market the dwelling or use it for any use or purpose other than to accommodate the persons specified in the reservation;
3. to register the apartment as a residential (vivienda habitual) or business address.
4. introduce explosive, flammable, noxious or harmful materials or substances or others that may cause harm or discomfort to other users of the establishment or staff;
5. hold parties and events of any kind, as well as play music or make noise that may disturb the Users who are in the neighboring apartments or buildings, and in any case beyond what is permitted by law;
6. not to use any machinery or engine which may cause vibration, noise or any other form of nuisance to other occupants of the building in question or to neighbors, or which may in any way affect the dwelling or building;
7. smoke on the premises and in the apartments, including balconies and terraces;
8. use drugs or any other type of illegal substance;
9. light candles, incense or any other element likely to cause fires in the flat or in communal areas;
10. tamper or block emergency exits, security cameras, fire extinguishers or fire alarms;
11. not to install signs or advertisements or any other promotional, advertising or other elements on the façade and exterior of the establishment; or
12. use the Internet access service provided by Líbere, inappropriately or contrary to the terms of use provided at the time of access to the service.

 

11. Cleaning service.

The user is obliged to allow an external cleaning team access to the apartment on a weekly basis at times communicated by Líbere with sufficient advance notice. If the User informs that it is not possible to perform the cleaning of the apartment in the specified time slot, the User loses the right to this cleaning, which will be performed in the following week. Notwithstanding the foregoing, in the event that the User notifies Líbere 2 times in a row of the impossibility of carrying out the cleaning work in his/her apartment, Líbere and the User shall agree on the next date on which the employees of Líbere shall check the condition of the apartment. The User may not object more than 2 consecutive times to the cleaning of the apartment.

The cleaning company reports to Líbere any incident detected in the apartments, and Líbere takes the appropriate measures to remedy it.

If the User communicates their desire not to renew the reservation, and before their departure, Líbere will specify a day and time for the inspection of the apartment.

In the above revision cases, if Líbere finds extraordinary soiling in the apartment or an insufficient state of preservation, Líbere reserves the right to (i) charge or deduct from the deposit paid by the User the amounts corresponding to extraordinary cleaning or repairs to be carried out to remedy the defects found; and (ii) if necessary, to require the early eviction of the apartment for violation of these terms and conditions, without having to repay any amount to the User, except (if applicable) the excess of the deposit.

12. Animals.

The reservation and accommodation with pet entails a surcharge of 200 € on the deposit and the price indicated at the time of booking. If you come to the Líbere facility accompanied by pets, the User must comply with the following rules:

• Only dogs are only allowed in the flats, this fact must be communicated when booking and in any case, before check-in. If you wish to bring another animal into Líbere’s facilities, you must notify Líbere in writing prior to making your reservation so that we may consider, on a case-by-case basis, whether the animal will be accepted.
• Only 2 dogs are allowed with no weight or size restrictions.
• The User is obliged to keep the pet insured and in a proper hygienic and sanitary condition and to carry the updated registration card of the animal, and may at any time request a copy of this card from Líbere.
• The User is responsible for any damage caused by the pet to third parties, furniture or other facilities. The amount of such damages will be charged on the final invoice of the stay or subtracted from the deposit paid.
• At all times the User is responsible for their animal and its behavior.
• Líbere reserves the right to refuse admission or expel animals that cause a disturbance to other users or staff of the establishment, or that behave inappropriately during their stay.
• The presence of the animal in small and closed rooms (e.g. elevator) should be avoided, if it could disturb the other users.
• The animal may be left alone in the flat for a maximum of 1 hour as long as the User is close to the premises and is available to contact and come to the flat immediately for any issues that may arise.
• The User must leave the apartment free and take out the animal during cleaning. Líbere can charge a more intensive cleaning service with a higher price than in the apartments without pets.
• The animal is not allowed to relieve itself in the areas (indoors or outdoors) that are part of the establishment.
• To leave, enter or remain in the facilities, the User must always keep the animal on a short leash and, if required by law, muzzle the animal.
• The animal is not allowed to climb on the beds or sofas or to use the fixtures or furniture in the room or apartment to lie on it. If this is the case and is detected during the cleaning, Líbere reserves the right to charge the amount corresponding to the additional cleaning of the textiles and/or furniture.
• The animal may not be bathed in the bathrooms or showers of the rooms or apartments, and the towels provided by Líbere may not be used to dry the animal.

13. Consignment. Warehouse and lost & found.

Storage and warehousing

Líbere will not take custody of goods from Users, who must keep them in their apartments.

Líbere shall not be liable for (i) any damage to Users’ property, unless Líbere has acted intentionally or with gross negligence; nor (ii) for the safekeeping of any property (including, but not limited to, food, clothing, electronic devices, medications, etc.) located in private or common use areas of the Facilities, and therefore shall not be liable in any event for its damage, loss, misplacement, theft or robbery.

Lost and Found

In the event that a Líbere employee or a Líbere contracted cleaning service finds an item or article of clothing in one of the apartments, they will notify Líbere’s Operations and Customer Service team so that it can be registered in the Lost and Found Office, indicating the room number, reservation number and check-out date.

Once the loss has been registered in the Lost and Found Office, the found item will be kept in the corresponding facility for a period of TWO MONTHS from the date of finding and registration.

If the owner of the property contacts Líbere during the period of TWO MONTH, he/she must describe the property and indicate the apartment where he/she has stayed and the number of his/her reservation, so that we can match his/her data with our register.

Once it has been verified that the data match, an agreement will be made with the owner of the lost item on the method of delivery or collection of the same, at the owner’s expense.

However, if no one reports to Líbere within TWO MONTHS, the lost item or garment will be turned in to the lost and found office of the city hall of the city where the facility is located.

Líbere is not responsible for objects lost in the establishments and does not guarantee that they will be found.

14. Miscellaneous.

This document sets forth all of Líbere’s obligations and responsibilities to the User, without prejudice to any specific terms that may apply in individual cases. There are no warranties, conditions or other terms binding on Líbere other than those expressly set forth herein and in the reservation, without prejudice to any liability that may not be excluded under applicable Spanish law. In this regard, nothing herein shall affect the mandatory consumer provisions. If the User is not a consumer, he/she expressly waives his/her right of withdrawal.

The User may not assign, transfer or transfer the rights, responsibilities and obligations contracted.

If any provision of this document is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or modified in any way.

The parties shall not be liable for any failure due to force majeure. The fulfillment of the obligation is postponed until the cessation of the force majeure event.

15. Data protection and privacy, intellectual property and cookie policy.

The User agrees:

• The privacy policy and protection of personal data contained in https://www.staylibere.com/en/privacy-policy
• The cookie policy is available at https://www.staylibere.com/en/cookies-policy.
• Legal notice contained in https://www.staylibere.com/en/legal-notice

The Líbere Website and its original content, features and functionality are owned by Líbere and protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We may terminate your access to the Website without cause and without notice, which may result in the seizure and destruction of all information associated with your account. All provisions of this Contract which by their nature were intended to survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

The User exempts Líbere from any liability in the event that unauthorized third parties access their data through Líbere’s computer systems in the event of a cyber-attack, provided that Líbere has reasonable security measures in place for this purpose. However, Líbere applies appropriate means to prevent unlawful intrusions.

16. Líbere Website Information.

The Líbere Website and its contents are provided for informational purposes only, and Líbere is not responsible for the accuracy, usefulness or availability of such information or for any errors or omissions in such information. However, we at Líbere are working to improve our service and to avoid errors in the content of the Líbere website and, if any, to correct them as soon as possible.

We reserve the right to change these Terms and Conditions and other policies, as well as the Líbere website www.staylibere.com, unilaterally and without prior notice, to update, correct, modify, add or delete its content or design. Your continued use of the Website will mean that you accept any changes to these Terms.

17. Claims.

Any complaint that the User considers appropriate will be dealt with as soon as possible, and may be formalized through the online reception of the establishment which can be accessed through the Website or the mobile application or the complaint forms (hoja de reclamaciones) made available to the User in the establishments.

18. Applicable law and jurisdiction.

The relationship between Líbere and the User is governed by applicable Spanish law and any disputes will be submitted to the courts of the city where the facility to which the reservation refers is located. Notwithstanding the foregoing, any dispute that may arise from the provision of the Services at a Líbere facility where a consumer is present shall be submitted to the appropriate courts in accordance with the rules applicable to consumers.