What is it about?

The following rules clarify the conditions under which Refugio Xàbia can be rented and used; they apply to all types of bookings, especially bookings made through our website (xabia-refugio.com or refugio-xabia.com). For bookings made via other platforms (e.g. Airbnb), the rules applicable there take precedence in the event of contradictions with our rules.

What is Refugio Xàbia?

Refugio Xàbia is a private flat. We (your landlords⁺) live here. During the times when we do not use the flat ourselves, we rent it out to tourist guests. Tourist means here that rentals are only made to people who want to stay here for a few weeks at most and have their actual residence in another place. So the flat cannot be rented by our guests as a residence; it is our residence.

Refugio Xàbia is therefore not a hotel, not a guesthouse. It is also not a Bed & Breakfast; it is a private flat that our guests (tenants) can use for tourist stays against payment.

Nevertheless, you can count on us. On arrival, we or a person we trust will personally welcome you on site and open the flat for you, show you everything you need to know and hand over the keys. In the flat you will find a set of towels (1 x large and small) for each person booked; your beds are of course already made. In the bathroom you will find an initial supply of the most important toiletries (hand soap, shower gel, etc.).

There is no central reception as in a holiday resort. The flat is located in a complex with privately used flats; you rent one of them.

Even if we are not directly on site ourselves, you are welcome to contact us privately. On site in Jávea we also work together with a service company. The staff there will be happy to help during normal business hours and answer questions about the location or help solving any problems. For emergencies (e.g. lost key at night), an emergency number is set up to respond on site in Jávea around the clock (and has a spare key). Please note, any additional service (in particular emergency services) will result in costs we have to bear. These costs are not included in the rent already agreed and will be invoiced to you.

Who do we rent to?

Rentals are only made to people (individuals, families, etc.), not to companies or agencies.

How does a reservation become binding?

Bookings via our website are to be understood as a reservation request. We make every effort to keep the dates shown as available on the booking page up to date. However, we cannot technically exclude with absolute certainty that there may be parallel reservations; in this case we can of course only send a confirmation to one interested party. In all cases you will of course receive information from us as soon as possible.

Once you received this confirmation, the booking is binding for your side. Once we have received the first payment (small down payment or in full, depending on the rate you have decided for), the booking becomes binding for us as well.

What tariffs are available?

For bookings via our website, we offer flexible and fixed bookings (Flex or Fixed). For fixed bookings, we offer a 10% discount on the price per night shown on the booking screen.

Flex bookings can be canceled free of charge up to 4 days before the booked check-in date. Fixed bookings cannot be canceled. The 10% discount for a fixed booking is automatically deducted from the booking price upon payment. Fixed bookings can only be booked up to 5 days before the planned check-in. The prices shown are valid for 2 persons. Each additional guest is charged EUR 6 per night, up to a maximum of EUR 60. Pets are only allowed with a reservation and are not allowed with any species considered dangerous. Pets are subject to an additional cleaning charge of EUR 30. Fixed bookings must be paid in full at the time of booking. For Flex bookings, a deposit of 50 EUR is due first. The full price must then be paid no later than 14 days before the planned check-in (plus the deposit). If seasonal or individual discounts apply (e.g. 6+1), the corresponding amounts are automatically taken into account on the booking confirmation and invoice.

How the rent of Refugio Xàbia can be paid?

We only accept cashless payments.

The first payment must always be made in connection with the reservation. The amount and due date of this and all further payments depends on the chosen rate and the time of booking.

We offer payment by SEPA transfer or by credit card.

If payments are not made at the defined time, the reservation may be cancelled by us. Any amounts already paid will be treated according to the rules of a cancellation described below (incl. retention of a flat rate).

Can I cancel my booking?

This depends on the rate. Bookings with a Fixed rate cannot be canceled (your receive a rebate for this commitment). If you choose a Flex Rate, you can cancel or terminate the rental contract up to four days before the booked day of arrival (check-in) without giving reasons.

Amounts already paid will be refunded minus a flat fee of 20 EUR. This refund is usually made via the payment method used for the original payment. If the refund must be made to an account where SEPA payments are not possible (non-EU bank account), we will make a normal foreign bank transfer. We deduct the (additional) costs imposed on us by the banks as a result from the amount to be repaid.

What is included in the rent?

Here everything works exceptionally like in a hotel: The rent is calculated from the prices per booked night shown at the time of booking. Costs for the linen provided at the beginning of the booking, for the final cleaning, the use of the air conditioning etc. are all included.

Additional costs may arise if, for example, you make use of the emergency call provided by us and we are not responsible for the reason for the emergency call (example: you lose the flat key at night).

Additional costs also arise if strongly above-average water and electricity are consumed during the rent. Under normal use, the apartment consumes no more than 10 kWh of electricity and 0.25 sqm of water per day on average, even on hot summer days. We charge additional costs if these averages are exceeded by more than 20% – and then only for this portion. The additional consumptions are then charged with 1,50 EUR per kWh electricity and sqm water.

Is a deposit required?

It is common for holiday flats to require a deposit. We also require a deposit to offset additional costs. The amount of the deposit is 250 EUR. The deposit will be refunded according to the rules of refund in case of cancellation, of course without charging the flat rate. The refund will be made after check-out and an inspection of the flat for damages, so usually within 48h, at the latest within three working days.

Is there an inventory?

Yes, we provide our guests with an inventory online a few days before arrival. This gives you the opportunity to plan what you might want to bring with you, e.g. kitchen utensils. We manage well with the existing equipment. But maybe you need something to prepare one of your favourite meals that is not part of the equipment.

The list also serves the purpose of avoiding discussions about what belongs to the flat, what is missing and what may have to be charged against the deposit. Any damage that has not yet been repaired is also noted in this list. So you don’t have to worry about having to pay for things that are not your responsibility.

The whole thing works like you know it from many car rental companies. If the car has any previous damage, you will be informed of this at the beginning of the rental period. When you pick up the car, you check whether the list of previous damage is actually complete.

What happens if I do not arrive (no show) or leave early?

Even if a booked guest does not use the flat at all or only partially, we incur costs. We cannot simply refund the rent paid, which was also calculated to cover these costs. On the other hand, in the case of a no show, certain clearly delimitable costs are not incurred, which were, however, part of the rent. We will reimburse these easily delimitable costs that may not have been incurred. These would be, for example, expenses for the final cleaning by an external company. Reimbursements will be reduced by any cancellation fees that we also have to pay to our service providers in the event of cancellations at short notice.

If you as a tenant or guest so wish, we will gladly try to let the flat made available again by a no show or an early departure to other guests. We will use the money collected from this to reimburse you proportionally for the rent already paid but not used. This is how we proceed: first, we cover third-party costs incurred by us through the new letting (e.g. for the procurement of new guests by third parties). For our own efforts (our time and nerves) we retain a flat rate of 100 EUR. Then, we use the remaining amount from an alternative letting for reimbursement.

Can Refugio Xàbia cancel a binding reservation / rental?

No, we do not cancel or terminate a reservation (rent of Refugio Xàbia) once it has been bindingly confirmed by us without exceptionally important reason (or a serious breach of contract or house rules). An exceptionally important reason would be if the flat is uninhabitable due to damage and can no longer be repaired by the start of the rental period or cannot be repaired at short notice during the rental period.

In such cases, we will provide other flat as a replacement within the bounds of what is reasonable, but cannot guarantee the success of our efforts in this case. Moreover, a replacement will only be considered if the tenant agrees to it. If no replacement is possible or if the tenant rejects it, all amounts already paid will be refunded without deduction of any flat rate (if applicable, on a pro rata basis if the flat has already been used). We will only accept further claims against us if this is mandatory under Spanish law.

The tenancy of Refugio Xàbia can also be terminated if the tenant repeatedly and despite warning violates the house rules. Gross violations can lead to immediate termination without notice. A gross violation would be, for example, a physical assault towards other residents of the complex or the not merely accidental damage of the complex, the flat or objects belonging to the flat.

If a tenant is notified to vacate the flat, the pro rata reimbursement of the rent not yet ‘used’ is made according to the same rules as in the case of an early departure. If, for example, damage claims are pending, repayment of any rent credits will be withheld until such claims have been clarified and settled.

In the event of cancellation by Refugio Xàbia, the flat must be vacated by 10:00 the following morning as if it were the last day of the booking (see rules for departure). A note to our neighbours: Don’t worry, encroaching tenants are of course not allowed to stay until the following morning; they will almost certainly spend the night by the police.

Spanish law requires us to collect some data about all persons aged 16 and over staying overnight at Xabia Refugio before they do so. Please keep that in mind in particular if you are traveling as a family or group with persons arriving late not being present at the actual check-in. Not complying with this law exposes us to the risk of heavy fines. For that reason we consider failing to submit all guests data as a serious breach of your contract with us. We reserve the right to terminate your contract then with immediate effect (end of stay) plus claiming any damage this may cause to us.

What happens if something breaks?

You rent a flat equipped with furniture and utensils. The rules about who has to pay for damage are the same as those that apply in Spain for normal flat rental contracts. If items are broken through normal use, it is our responsibility to replace them. If damage occurs due to lack of care or even intentionally, the guest / tenant must pay for it.

During the rental period, the guest / tenant is responsible for the flat he/she has been given and the objects in it. The tenant must therefore take the usual care to protect the flat against burglary and theft, in particular by carefully closing and locking all windows and doors when he/she is absent. Usual care also includes observing the instructions provided for the use of the flat.

Of course, the general house rules as well as the rules of these booking conditions must also be observed (see e.g. explanations on departure). Failure to observe e.g. the rules on departure may result in increased cleaning costs, which must then be paid by the tenant.

Damages for which the tenant is responsible will be charged against the deposit. If these damages exceed the amount of the deposit, the tenant must pay the difference.

The tenant warrants that he/she has private liability insurance which also covers damage to rented property.

How do we deal with problems?

We want to solve them! That’s why we need to know them. If things are not as they should be, please always tell us directly – not first via negative reviews on social media.

What do I have to consider when leaving?

The rental is always strictly limited in time; it ends in any case on the last day of the period that was indicated by the tenant or confirmed by us during the reservation / booking. The flat must then be vacated by 10:00 a.m. at the latest; all of the tenant’s belongings must be removed by this time.

The mandatory ToDo’s for the departure are compiled in a check list.

After check-out, the WIFI may no longer be used. The service and emergency numbers provided are also only to be used for the duration of your stay. Any use after check-out will incur costs which will be charged to the tenant.

Other

No parties – no subletting by our guests. Not at any time.

The terms published here always apply at the time of booking. We will send you a copy as PDF with the booking confirmation.

Spanish law applies. Our place of jurisdiction is Dénia (Alicante). The parties (interested party / tenant / guest and Refugio Xàbia / landlord) agree to always seek an out-of-court solution first before resorting to court i.e. to talk to us. We do not participate in ‘official’ dispute resolution proceedings before an EU or national consumer mediation body.

2024-07-04

⁺) Formally, your landlord is the esquilin holding UG (see imprint). Joerg is the owner of this company and its managing director.