Last updated: [ January 30th ] , 2020
SleepByStay is a trade name and trademark of which STAY MANAGEMENT, S.L., a management company offering Reservations, Sales & Marketing and Operational services for apartments, with Spanish Tax Id. B-87944559 and registered office in (28046) Madrid, Paseo de la Castellana, 40, 9, registered into the Mercantile Registry of Madrid at Book 36573, Page 21, Sheet M-656,589, is the titleholder or licensee.
The company STAY MANAGEMENT, S.L., is titleholder or licensee and maintains the website www.sleepbystay.com.
1.1 In these Conditions the following definitions and rules of interpretation apply:
Temporary and Touristic accommodation in serviced Property offered for reservation to the customer by the Supplier subject to these Conditions.
[Sterling, Euro, US Dollar.]
An agreement subject to these Conditions between the customer and the Supplier for the provision of the Accommodation specified in the Booking Details.
A statement annexed to these Conditions, and to which these Conditions apply, of certain information relating to a reservation of Accommodation which may (but need not) include and is not limited to: description and location of Accommodation; the length of stay; nightly rate or rates for the period of stay; earliest Check-In time, latest Check-Out time; Cancellation Period and Guest Details.
A business day (other than a Saturday, Sunday or public holiday) in the city where the Property is located.
Cancellation Notice Period:
The period of notice required to be given in writing by the customer to the Supplier in advance of any change to a Booking Agreement.
Guest arrival at Accommodation on the date of the first night of residency at that Accommodation in accordance with a Booking Agreement.
Guest departure from the Accommodation.
The terms and conditions set out in this document.
The date on which a Booking Agreement comes into existence being the date the Customer accepts the terms of the Booking Agreement.
Customer Payment Methods:
A payment method, whether a credit or debit card or other payment method authorised by the Customer and approved by the Supplier for the making of payments to the Supplier on behalf of the Customer.
Customer and/or Guest Personal Data:
Personal Data provided to the Supplier by or on behalf of the customer and/or Guest and processed by the Supplier.
Guest vacated the accommodation prior to the agreed departure date given on the booking agreement.
Force Majeure Event:
An event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier, a Third Party Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
A nominee of the customer(s) staying at Accommodation.
The Guest’s name, address, email address and telephone number.
Guest Information Pack:
Information provided to the Guest at the Accommodation including the Inventory and contact details for the Supplier’s Representative.
An inventory listing all items provided at a serviced apartment offered as Accommodation.
The date on which an invoice for a Booking Agreement shall be raised as specified in the Booking Details and or the Statement of Work.
The dates on which payment of invoices raised pursuant to Booking Agreements shall fall due as specified in the Booking Details and or the Statement of Work.
Any information relating to an identified or identifiable person including any Guest and including that person’s name, address, telephone number and email address.
Means the apartments, villas and houses and/or other accommodation offered and brokered by the Supplier.
The provision of temporary accommodation in serviced apartments or other accommodation owned and managed by the Supplier or a Third-Party Supplier.
Statement of Work:
A statement of particular terms which the Customer and the Supplier agree shall apply to Booking Agreements agreed pursuant to these Conditions as varied by agreement between the Customer and Supplier from time to time.
STAY MANAGEMENT, S.L., whose relevant data is set at the commencement of this document (“STAY”).
Supplier’s Bank Account:
The bank account nominated by the Supplier to the Customer from time to time for payments to be made pursuant to Booking Agreements.
The representative of the Supplier or Network Third Party Supplier at the Accommodation.
Network Third Party Supplier:
A provider of Accommodation other than the Supplier.
Website or Site:
The websites operated by the Supplier providing online access to information relating to the Accommodation.
1.2 In these Conditions:
- clause headings do not affect the interpretation of the Conditions;
- a reference to a clause is a reference to a clause of these Conditions;
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors or permitted assigns;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
- a reference to writing or written includes faxes and e-mails;
- any reference to one gender includes the other, and words in the singular shall include the plural, and vice versa.
2.1 A Booking Agreement constitutes the entire agreement between the parties in relation to the reservation concerned. The customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Booking Agreement.
2.2 Any descriptions or illustration of the Accommodation issued by the Supplier, and any description or illustration contained on or in the Website, catalogues or brochures are just illustrative and are just issued or published for the purpose of giving an approximate idea of the nature of the Accommodation.
2.3 These Conditions apply to Booking Agreements to the exclusion of any other terms that the customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. PAYMENT TERMS
3.1 The Supplier will raise an invoice for a Booking Agreement on the Invoice Date.
3.2 Payment pursuant to a Booking Agreement shall be made by the Customer on the Payment Dates in the Approved Currencies only. If the quoted price for a Booking Agreement is not in an Approved Currency then the price will be converted to an Approved Currency on the Invoice Date using the relevant exchange rate as quoted on https://openexchangerates.org/
3.3 The following are approved Customer Payment Methods for Booking Agreements:
- valid credit or debit card the expiry date of which is later than the final date of the proposed occupancy of the Accommodation;
- bank transfer to the Supplier’s Bank Account.
3.4 Where payment is made by bank transfer: payment must be made in full for the term of the Booking Agreement; notice of such remittance must be sent to the address notified by the Supplier; and payment must be received by the Supplier in cleared funds before Check-In. In the event payment has not been received in the circumstances set out in this clause payment must be made by the Customer or the Guest before access to the Accommodation reserved will be granted.
3.5 If payment is not made by the Customer on a relevant Payment Date the Supplier shall be entitled to:
- suspend or terminate the Booking Agreement;
- charge interest on such late payment at 4% above the interest rate of the ECB from time to time from the Payment Date until such date as payment is made.
3.6 A pre-authorisation of Euros [●] may be required upon arrival for incidental charges such as: breakages, loss or damage to the Property or any of its contents; cleaning / specialist treatment charges where more than routine cleaning is needed or smoking and/or vaping has occurred (minimum Euros [●] refresh) lost keys cards, at Euros [●] for each fob; any other financial loss to STAY e.g. where damage means the Property cannot be immediately re-occupied, plus our administrative costs.
3.7 Where the Supplier enters into a Booking Agreement as agent to a Network (Third Party) Supplier the Supplier shall be responsible for all payments to be made to the Network (Third Party) Supplier.
3.8 We will require a credit or debit card at the time of check in which will be charged for all additional charges incurred by any Guest (“Additional Charges”), such as:
3.8.1 Breakages, loss or damage to the Property or any of its contents;
3.8.2 Cleaning / specialist treatment charges where more than routine cleaning is needed, or smoking and/or vaping has occurred in a non-smoking apartment;
3.8.3 Additional housekeeping services (details available upon request);
3.8.4 Lost keys, electronic fobs or car park passes at an additional charge per key, fob or pass;
3.8.5 Call out charge for locked out Guests at an additional charge per call out;
3.8.6 Any other financial loss to STAY e.g. where damage means the Property cannot be immediately re-occupied, plus our administrative costs.
3.9 In case of any Additional Charges, a written statement will be sent to the customer or the booker at the time the debit or credit card is charged the sum of the Additional Charges.
3.10 Where the level of Additional Charges is not stated in these Terms, we will charge the actual cost of the cleaning, replacement, repair, services or loss (as appropriate) to you, together with any administration costs.
4.1 The Supplier shall ensure that the Accommodation is available at Check-In and for the term of the Booking Agreement and is in good order at Check-In.
4.2 Booking Agreements are made for Accommodation at a specific location however the Supplier gives no representation or warranty as to the availability of any specific apartment at such location.
4.3 Access to the Accommodation is not exclusive to the Guests during the term of a Booking Agreement. The Supplier will retain keys to the Accommodation and authorised staff of the Supplier shall have access to the Accommodation and provide notice to the Guests at all reasonable times and at any time in the case of an emergency during the period of the Booking Agreement.
4.4 Housekeeping visits to the Accommodation shall be scheduled without notice.
4.5 Although accommodation and location are confirmed in advance, the exact apartment number cannot be guaranteed prior to arrival. No refund will be payable in such circumstances.
4.6 The number of persons permitted to occupy the Property is limited: Studio apartments, max occupancy 2 persons, one-bedroom apartment, maximum occupancy 2 persons. Two-bedroom apartments max occupancy 4 persons. Three-bedroom apartment, max occupancy 6 persons. In some apartments extra beds may be provided and this will be at an Additional Charge to be agreed at the time of the booking. All Guest names should be submitted at the time of the booking.
4.7 The property is not for use as the principal home or residence of the Guests and is for use as temporary accommodation, or as accommodation in connection with the business needs of you, your organization and/or the Guests only. The Guests only have the right to use the Property pursuant to these Terms and no relationship of landlord and tenant is created.
4.8 The lead guest must be at least 18 years old. All guests under the age of 18 must be accompanied by an adult.
4.9 Please note STAY has a strict NO party, no gathering policy. Our properties are regularly patrolled. Should there be evidence of a party or gathering, security/the police will be called, and the apartment will need to be vacated. An automatic charge of Euros [●] (minimum) will be levied. STAY also reserves the right to prosecute all offenders according to the applicable Law.
4.10 Guests may be asked to allow viewings for the landlords and its agents and surveyors, sufficient notice will be provided.
5. CHECK-IN AND CHECK-OUT
5.1 The Guest must contact the Supplier at least 48 hours prior to Check-In to confirm arrival time and Check-In procedure.
5.2 Accommodation is available for Check-In at the time specified in the Booking Details. A set of keys to the Accommodation will be provided at Check-In. Access to car parking or other facilities will also be provided if this has been agreed prior to Check-In.
5.3 Guests are required to provide valid credit or debit card details to the Supplier’s Representative at Check-In to cover any damages or additional charges that may be incurred by the Guest during the term of the Booking Agreement.
5.4 Guests are required to Check-Out by the time specified in the Booking Details on the scheduled date for Check-Out in accordance with the relevant Booking Agreement or any agreed extension to that Booking Agreement. Additional procedure for Check-Out will be set out in the Guest Information Pack.
5.5 Within 48 hours of Check-In the Guest shall report to the Supplier’s Representative:
- any damage to the Accommodation or any item on the Inventory;
- any items missing from the Inventory if applicable.
5.6 The Supplier shall be entitled to require the Guest to pay for any damage to the Property or any items missing from the Inventory not reported in accordance with clause 5.5 and the Customer consents, and warrants that the Guest consents, to such payment being collected from the credit or debit card the details of which are taken by the Supplier’s Representative in accordance with clause 5.3.
6. CANCELLATIONS AND BOOKING AMENDMENTS
6.1 All cancellations and/or notification of early departure must be received in writing.
6.2 Refunds for non-Arrivals will be charged as per the No-Show Policy detailed in Clause 6.6.
6.3 Unless otherwise provided for in Clause 6.4 and 6.6, a cancellation charge will not apply, and a full refund will be given where appropriate and sufficient written notice of cancelling the booking has been received.
6.4 The notice periods for STAY only are as detailed below:
- Flexible Rate: As applicable in the reservation and contracted modality.
- Non Refundable Rate: 100% cancellation fees.
6.5 Refund for non-arrival will follow the cancellation policy.
6.7 Should a Guest wish to depart before the booked departure date, the cancellation and notice periods at Clause 6.4 or that which are stated on the Booking Confirmation will apply. Notice of early departure must be received by us in writing for any such refunds to apply.
6.8 If the Guest wishes to extend the period of stay in the Property, written notice should be given as soon as possible.
6.9 Any extensions will be based on availability at that time. An alternative apartment may be offered if the Property has been booked for another client for all or part of the required extension.
6.10 For group booking 28 days’ notice is required, unless agreed otherwise. Bookings of 10 apartments or more will be considered as a group.
6.11 We reserve the right to charge a different price for the Property for any period of extension. Payment for the extension period will be required immediately once we confirm the availability of the Property or alternative apartment(s) to the Guest or to you, unless credit/payment terms have been previously agreed.
6.12 We reserve the right to charge a different price for the entire booking should any alteration to the length of stay change at any time for any reason, we endeavour to inform all parties of any changes.
6.13 The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. STAY assumes no responsibility or liability for such errors, inaccuracies, or omissions. STAY shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. STAY shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
7. GUEST RESPONSIBILITIES
7.1 Guests must comply with the regulations for use of the Property set out in the Information Pack. If any Guest breaches any of these Conditions or the regulations, we reserve the right to request the Guest to vacate the Property immediately, and without refund.
7.2 Guests are not permitted to smoke in any Property booked by STAY. If the Guest is found to be smoking and/or vaping in the apartment or building, STAY will charge an additional fee of Euros [●], which would also include additional cleaning costs.
7.3 STAY does not accept any responsibility for any loss or damage to Guest’s personal belongings at any time, unless such loss or damage is attributable to the gross negligence or intent of STAY. STAY insurance policy does not cover any personal belongings of the tenant (Guest) or any other occupiers of the Property. The Guest is advised to take out insurance policies to cover the belongings of the Guest and other risks incurred as a result of the occupation of the Property. The landlord and/or its agents will not be responsible for any loss or damage howsoever caused.
7.4 Guests are responsible for the behaviour of their children whilst at the Property.
7.5 Guests must keep the Property, and its furniture, fittings and effects in the same condition as on the date of their arrival and must leave the Property in a reasonable state of cleanliness and general order as it was upon their arrival to avoid incurring any additional Charges.
7.6 Guests must notify us of all damages, lost or broken items, or any such matters requiring maintenance in the manner shown in the Information Pack.
7.7 Guests’ possessions must be removed from the Property on the date of departure. We will keep all lost property for a maximum of two months from the date of discovery; at any time thereafter, it will be discarded.
7.8 Guests must not exceed the maximum capacity for the number of Guests in one apartment and should additional guests be found to be staying in the accommodation, further charges may be incurred. The number of guests will be stated on the booking confirmation.
7.9 Subletting the accommodation is strictly prohibited.
8. PERSONAL DATA AND CUSTOMER DATA PROTECTION
8.2 The Supplier, including its staff, shall view and process Customer and/or Guest Personal Data only to the extent necessary to perform their obligations under these Conditions and the Statement of Work.
8.3 The Supplier will disclose Guest Details of any party entering into a Booking Agreement to its Network (Third Party) Suppliers as necessary for the provision of Services. The Network (Third Party) Suppliers shall be data processors.
8.4 The Supplier shall implement technical and organisational measures to ensure the security and confidentiality of Customer and/or Guest Personal Data in order to prevent, among other things: (i) accidental, unauthorised or unlawful destruction, alteration, modification or loss of data, (ii) accidental, unauthorized or unlawful disclosure or access to data, (iii) unlawful forms of processing. The security measures taken shall be in compliance with applicable data protection regulations and shall be adapted to the risks presented by the processing of Customer and/or Guest Personal Data and the nature of the data to be processed.
8.5 If you would like to update your information, modify your communication preferences, or if you do not want to receive marketing communications from us in the future, you can contact our DPO at: [email protected].
A party (“Receiving Party”) shall keep in strict confidence all information or data of a confidential nature disclosed to the Receiving Party by the other party (“Disclosing Party”), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under these Conditions, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This Clause 9 shall survive termination of a Booking Agreement.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation.
- Gross negligence or intent.
10.2 Subject to clause 10.1:
- the Supplier shall under no circumstances whatever be liable to the Guest, whether in contract to, or (including ordinary or slight negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with a Booking Agreement; and
- the Supplier’s total liability to the Guest in respect of all other losses arising under or in connection with a Booking Agreement, whether in contract, tort (including ordinary or slight negligence), breach of statutory duty, or
- otherwise, shall in no circumstances exceed, in relation to any individual claim, the aggregate of the amounts paid by the Guest to the Supplier pursuant to the Booking Agreement concerned.
10.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any Booking Agreement concluded pursuant to these Conditions.
10.4 This clause 10 shall survive termination of the any Booking Agreement.
11.1 Without limiting its other rights or remedies, each party may terminate a Booking Agreement with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of the Booking Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company);
(d) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
11.2 Without limiting its other rights or remedies, the Supplier may terminate a Booking Agreement with immediate effect by giving written notice to the Guest if the Guest fails to pay any amount due under the Booking Agreement on the due date for payment.
11.3 Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under a Booking Agreement or any other contract between the Guest and the Supplier if the Guest becomes subject to any of the events listed in Clause 11.1(a) to Clause 11.1(d), or the Supplier reasonably believes that the Guest is about to become subject to any of them, or if the Guest fails to pay any amount due under a Booking Agreement on the due date for payment.
12. CONSEQUENCES OF TERMINATION
On termination of a Booking Agreement for any reason:
- the Guest shall immediately pay to the Supplier all the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Guest immediately on receipt;
- the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Booking Agreement which existed at or before the date of termination or expiry; and
- clauses which expressly or by implication have effect after termination shall continue in full force and effect.
13.1 Force majeure:
- The Supplier shall not be liable to the Guest as a result of any delay or failure to perform its obligations under a Booking Agreement as a result of a Force Majeure Event.
- If the Force Majeure Event prevents the Supplier from providing any of the Services for more than four weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate the Booking Agreement immediately by giving written notice to the Guest.
13.2 Assignment and subcontracting:
- The Supplier may at any time with notice assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under a Booking Agreement and may subcontract or delegate in any manner any or all of its obligations under that Booking Agreement to a Network (Third-Party) Supplier.
- The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under a Booking Agreement.
- Any notice or other communication required to be given to a party under or in connection with these Conditions shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its domicile, or sent by e-mail to the other party’s e-mail address.
- Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by e-mail, on the next Business Day after transmission.
- This Clause 13.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall include e-mails and for the avoidance of doubt notice given under these Conditions shall be validly served if sent by e-mail.
- A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under the Conditions are cumulative and do not exclude rights provided by Law.
- If a court or any other competent authority finds that any provision of the Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Conditions shall not be affected.
- If any invalid, unenforceable or illegal provision of the Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.6 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
13.7 Network Third parties Supplier: A person who is not a party to a Booking Agreement shall not have any rights under or in connection with it.
13.8 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms, shall only be binding when agreed in writing and signed by the Supplier.
14. FEEDBACK AND COMPLAINTS
As a company, STAY welcomes feedback from its Guests. We seek to avoid dissatisfied Guests, if you are not entirely satisfied with the service offered please notify the customer relations representative in the first instance. If the problem cannot be resolved during your stay you should contact us in writing by fax, email or post to the fax number or address on the confirmation or on our website; alternatively, call us on our office number. Our policy is to make our best efforts to send a written acknowledgement of any complaint within 48 hours of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
15. GOVERNING LAW AND JURISDICTION
These Conditions, any Booking Agreement, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the applicable Spanish law.
The parties irrevocably submit to the exclusive jurisdiction of (i) the courts of the Guest’s domicile when he or she is a consumer under the Spanish Law and (ii) the courts of Stay’s registered office (Madrid) when the Guest is not considered as a consumer under the Spanish Law.
16. ACCESSIBILITY STATEMENT
Our company operates in accordance with the best practices regarding disability and we encourage all prospective guests to talk to us about any special accommodation requirements they may have. We will be pleased to discuss our most appropriate accommodation solutions with the aim of making all guests’ stay as comfortable as possible.