Terms and Conditions

THE TOWN HOUSE MARBELLA

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (the “Terms”) govern all bookings, stays, use of the website, and related services provided by or on behalf of FININVEST USA SL, trading as The Town House Marbella (the “Property”, “we”, “us”, or “our”), with registered address at Calle Alderete 7, Marbella, Spain and contact email info@townhousemarbella.com.

By making a booking, staying at the Property, or using our website, you confirm that you have read, understood, and accepted these Terms. If you do not agree to these Terms, you must not use our website or book accommodation with us.

If you make a booking on behalf of another person or group, you confirm that you are authorized to do so and that you accept these Terms on behalf of all guests included in the booking. The lead guest is responsible for ensuring that all members of the party comply with these Terms.

1. BOOKING AND CONTRACT FORMATION

1.1 A reservation request submitted through our website, by email, by telephone, or through any third-party channel constitutes a request to book accommodation and is subject to acceptance by the Property.

1.2 A booking becomes binding only when:
a) the Property issues a written booking confirmation by email; and
b) the guest provides a valid payment card or completes any required payment under the applicable rate policy.

1.3 We reserve the right to cancel a booking at any time before arrival if:
a) payment cannot be successfully collected in accordance with the selected rate policy;
b) the payment card provided is invalid, declined, expired, blocked, or cannot be authorised;
c) the guest fails to provide updated payment details within the time allowed under these Terms;
d) the booking contains false, misleading, incomplete, or fraudulent information; or
e) the booking breaches these Terms, including the group booking rules.

1.4 If a payment card fails, the guest will be given up to 24 hours from notice to provide a valid replacement card or alternative payment method acceptable to the Property. If valid payment is not received within that time, we may cancel the booking without further liability.

1.5 The Property reserves the right to refuse any reservation request in its reasonable discretion.

2. RATES, PAYMENT, AND AUTHORISATION

2.1 Rates are quoted per room, per night, unless expressly stated otherwise.

2.2 Rates include VAT at the applicable rate unless otherwise stated. Local taxes, tourism taxes, and any additional charges imposed by law or local authorities may apply separately where required.

2.3 Unless expressly included in the confirmed rate, the room price does not include extras, supplements, packages, minibar, food and beverage, third-party services, damages, specialist cleaning, missing items, or any other incidental charges.

2.4 By making a booking, you authorise the Property to pre-authorise, debit, or charge the payment card provided for:
a) any deposit, advance payment, or full payment due under the selected rate;
b) cancellation fees, no-show fees, and early departure charges where applicable;
c) all unpaid amounts relating to your stay; and
d) any losses, damages, smoking or vaping remediation, deep cleaning, extra laundry, missing items, tampering with safety equipment, or any other sums due under these Terms.

2.5 The Property accepts major credit and debit cards as may be indicated during the booking process.

2.6 The Property may correct any manifest pricing, description, or availability error at any time before the booking is confirmed. If such correction affects a pending booking request, the guest will be informed and may choose to proceed with the corrected terms or cancel the request without charge.

3. PAYMENT POLICY

3.1 Standard Rate

For bookings made under the Standard Rate, the Property will charge 100% of the total booking amount 5 days before the check-in date using the payment card provided at the time of booking.

3.2 Non-Refundable Rate

For bookings made under the Non-Refundable Rate, 100% of the total booking amount is charged at the time of booking. This amount is non-refundable and non-cancellable, except where mandatory law provides otherwise.

3.3 Failed payment

If a scheduled payment cannot be collected, the guest must provide valid replacement payment details within 24 hours of notification. If the guest fails to do so, the Property may cancel the booking.

4. CANCELLATION, NO-SHOW, AND AMENDMENTS

4.1 Standard Rate – Cancellation

Bookings made under the Standard Rate may be cancelled free of charge up to 5 full days before the check-in date, local time at the Property.

If cancelled less than 5 days before check-in, or in the event of no-show, the Property will charge 100% of the total booking amount.

4.2 Non-Refundable Rate – Cancellation

Bookings made under the Non-Refundable Rate are non-refundable, non-cancellable, and non-amendable, except where mandatory law provides otherwise.

4.3 No-show

If the guest does not arrive on the scheduled check-in date and has not agreed a late arrival with the Property, the booking may be treated as a no-show and cancelled, and the applicable no-show charge will apply.

4.4 Amendments

Date changes may be permitted at the Property’s discretion, strictly subject to availability and any applicable rate difference. Approval of a date change does not waive any cancellation policy unless expressly confirmed in writing by the Property.

4.5 Name changes

Guest name changes are permitted. However, the Property reserves the right to request identification and to refuse a change where fraud, misuse, or breach of these Terms is suspected.

4.6 Promotions and special offers

Special offers, promotional rates, group bookings, packages, and high occupancy periods may be subject to separate terms and cancellation policies. Where specific rate terms apply, those specific terms shall prevail over these general Terms to the extent of any conflict.

5. GROUP BOOKINGS

5.1 Bookings of 3 rooms or more with the same or similar arrival and departure pattern may be treated by the Property as a group booking.

5.2 Group bookings must be arranged through the Property directly and may be subject to separate group terms, payment conditions, and cancellation policies.

5.3 The Property reserves the right to cancel, amend, or reprice bookings that appear, in our reasonable opinion, to have been deliberately split or structured to avoid the application of group booking terms.

6. CHECK-IN, CHECK-OUT, AND IDENTIFICATION

6.1 Check-in is from 16:00 on the day of arrival.

6.2 Check-out is by 12:00 noon on the day of departure.

6.3 Early check-in and late check-out may be requested but are always subject to availability and cannot be guaranteed unless confirmed by the Property in writing.

6.4 All guests must present a valid passport or government-issued identification document at check-in, and any other information required by law for guest registration.

6.5 The Property may refuse check-in where valid identification is not provided, where payment cannot be secured, or where the booking details do not match the guest presenting for check-in.

7. AGE POLICY

7.1 The Property welcomes guests aged 14 years and over.

7.2 Guests aged 14 to 17 must be accompanied by a parent, legal guardian, teacher, or other duly authorised adult.

7.3 The Property reserves the right to request documentation demonstrating such authority and may refuse check-in if satisfactory documentation is not provided.

8. HOUSE RULES AND GUEST CONDUCT

8.1 Guests must behave in a lawful, respectful, and appropriate manner at all times and must not disturb, endanger, or inconvenience other guests, visitors, neighbours, or staff.

8.2 The following are strictly prohibited at the Property:
a) smoking anywhere on the Property;
b) vaping anywhere on the Property;
c) bringing or consuming outside food or beverages on the Property;
d) food delivery to the Property;
e) unregistered visitors in guest rooms;
f) parties, gatherings, or events in rooms without prior written permission;
g) commercial photography, filming, or content production without prior written permission;
h) any illegal activity;
i) abusive, threatening, offensive, disruptive, or unsafe conduct;
j) any conduct likely to damage the Property, its reputation, or the quiet enjoyment of other guests.

8.3 Quiet hours apply from 23:00 onward. Guests must keep noise to a minimum during quiet hours and at all other times behave considerately.

8.4 The Property is a no pets property. Assistance animals required by applicable law may be accepted subject to prior notice and legal compliance.

8.5 The Property may establish additional operational rules, procedures, or reasonable instructions from time to time for safety, security, guest comfort, or legal compliance. Guests must comply with such instructions.

9. RIGHT TO REFUSE SERVICE OR REMOVE GUESTS

9.1 The Property reserves the right, acting reasonably, to refuse check-in, refuse service, cancel a booking, or require a guest or visitor to leave the Property immediately and without refund where the guest or visitor:
a) engages in abusive behaviour;
b) engages in illegal activity;
c) causes disturbance or nuisance;
d) breaches the smoking or vaping prohibition;
e) breaches safety or security rules;
f) allows unauthorised or unregistered visitors into guest rooms;
g) causes or threatens property damage;
h) provides false or misleading booking details; or
i) otherwise materially breaches these Terms.

9.2 In such cases, the guest shall remain liable for the full booking amount and for any losses, damages, expenses, or charges incurred by the Property as a result.

10. DAMAGE, DEEP CLEANING, EXTRA LAUNDRY, AND MISSING ITEMS

10.1 The guest is responsible for any loss, breakage, damage, excessive soiling, specialist cleaning, extra laundry, repair, replacement, reinstatement, or other costs caused by the act or omission of the guest, any member of the guest’s party, or any visitor connected with the guest.

10.2 Without limitation, the Property may charge the guest for:
a) damage to the room or to any furnishings, fittings, fixtures, equipment, linen, towels, décor, or common areas;
b) smoking or vaping remediation, deodorising, and room recovery costs;
c) deep cleaning required as a result of misuse, excessive dirt, stains, odours, bodily fluids, food contamination, or similar conditions;
d) extra laundry or replacement of stained or damaged linen, towels, robes, or bedding;
e) replacement of missing items removed from the Property without consent;
f) unpaid minibar, food, beverages, or other extras;
g) tampering with fire alarms, smoke detectors, emergency systems, CCTV, extinguishers, alarm boxes, exit alarms, or any safety or security equipment.

10.3 Where no fixed charge list applies, the guest shall be liable for the reasonable documented costs actually incurred by the Property, including repair, replacement, specialist contractor, call-out, administrative, and room downtime costs where applicable.

10.4 The Property may charge such amounts to the payment card on file after departure and may also issue an invoice if the payment card charge cannot be processed.

11. SAFETY AND SECURITY

11.1 Guests must not tamper with, obstruct, disable, misuse, or interfere with any fire detection, firefighting, safety, alarm, CCTV, access control, or emergency equipment.

11.2 Any guest found doing so may be removed from the Property immediately without refund and may be charged for all resulting losses, costs, damages, and expenses.

12. PROPERTY OF GUESTS AND HOTEL LIABILITY FOR VALUABLES

12.1 Guests are solely responsible for their own personal belongings, valuables, cash, jewellery, documents, clothing, electronics, and other items brought onto the Property.

12.2 The Property does not operate in-room safes and shall not be responsible for loss of or damage to guest property left in rooms or elsewhere on the Property, except to the extent liability cannot be excluded under mandatory law.

12.3 Guests are encouraged not to leave valuable items unattended at any time.

13. LOST PROPERTY

13.1 Any items found and reasonably believed to have been left behind by a guest may be retained by the Property for up to 3 months from the guest’s departure date.

13.2 If the item is not reclaimed within that period, the Property may dispose of it, donate it, or otherwise deal with it at its discretion, subject to applicable law.

13.3 If a guest requests return of lost property, the guest may be required to pay packaging, postage, courier, insurance, and handling costs in advance.

14. WEBSITE USE AND INTELLECTUAL PROPERTY

14.1 All content on our website, including text, images, branding, logos, trade names, design, layout, and other material, is owned by or licensed to the Property and is protected by intellectual property laws.

14.2 You may use our website only for lawful personal and non-commercial purposes connected with genuine enquiries or bookings.

14.3 You must not, without our prior written consent:
a) copy, reproduce, republish, upload, post, transmit, distribute, modify, display, scrape, or commercially exploit any part of our website or content;
b) create a link to our website in a way that suggests endorsement, affiliation, or approval where none exists;
c) use our name, logo, images, or branding for advertising, marketing, resale, or commercial promotion.

14.4 Generic or illustrative photographs may be used on the website to represent the style or atmosphere of the Property and may not depict a specific room or exact feature.

14.5 We do not guarantee that the website will be uninterrupted, secure, error-free, or free from bugs or viruses. You are responsible for using your own appropriate device and software protection.

15. PHOTOGRAPHY, FILMING, AND SOCIAL MEDIA

15.1 Personal, non-commercial photography and social media posting by guests is permitted, provided it does not:
a) infringe the privacy of other guests or staff;
b) disrupt the operation of the Property;
c) compromise safety or security; or
d) suggest endorsement by the Property.

15.2 Commercial use of any photographs, videos, content, imagery, or recordings taken at or of the Property is strictly prohibited without prior written permission from the Property.

15.3 The use of any images of the Property, its interiors, branding, logo, name, or trade dress for commercial purposes without written consent may result in legal action.

16. EXPRESS CHECK-OUT

16.1 The Property may offer express check-out for guest convenience.

16.2 By using express check-out, the guest authorises the Property to charge the payment card on file for any outstanding balance, including room charges, extras, incidentals, and any amounts due under these Terms.

16.3 If any billing details need to be corrected, the guest should contact reception or email the Property promptly.

17. LIMITATION OF LIABILITY

17.1 To the fullest extent permitted by law, the Property shall not be liable for any indirect, incidental, special, punitive, or consequential loss, or for loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of reputation, or anticipated savings.

17.2 To the fullest extent permitted by law, the Property shall not be liable for loss of or damage to personal property, luggage, vehicles, cash, jewellery, or valuables brought onto the Property, except where such loss or damage results from the Property’s proven negligence or wilful misconduct and liability cannot lawfully be excluded.

17.3 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

17.4 Where liability is established and may lawfully be limited, the total liability of the Property arising out of or in connection with any booking, stay, or related service shall not exceed the total amount actually paid by the guest for the relevant stay.

18. FORCE MAJEURE

18.1 The Property shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including without limitation acts of God, severe weather, flood, fire, earthquake, epidemic, pandemic, terrorism, war, civil unrest, industrial action, utility failure, supplier failure, governmental action, legal restriction, building damage, safety risk, or failure of communications, software, or technical systems.

18.2 In such circumstances, the Property may cancel or modify bookings where reasonably necessary. Where required by mandatory law, any refund obligations shall be handled accordingly.

19. DATA PROTECTION

19.1 The Property processes personal data in accordance with applicable data protection law, including Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights.

19.2 Personal data may be processed for purposes including:
a) managing bookings and stays;
b) guest identification and legal registration;
c) payment processing and fraud prevention;
d) customer service and communications;
e) legal, regulatory, and security compliance;
f) record keeping and accounting; and
g) other legitimate operational purposes connected with the accommodation contract.

19.3 Personal data may be shared where necessary with service providers and processors engaged by the Property, including property management systems, payment providers, and competent public authorities, including police or registration authorities, where required by law.

19.4 The Property currently uses operational service providers including Little Hotelier and may disclose personal data where necessary for booking administration and guest management.

19.5 Guests may contact info@townhousemarbella.com to exercise applicable privacy rights under law, including rights of access, rectification, erasure, restriction, objection, and, where applicable, portability, subject to legal limitations.

19.6 The Property may create, maintain, and retain records and booking documents for the periods required by law and for legitimate business and legal purposes.

19.7 A separate Privacy Policy should be read together with these Terms where published by the Property.

20. NO RIGHT OF WITHDRAWAL FOR DATED ACCOMMODATION BOOKINGS

20.1 Where a booking relates to accommodation services for specific dates or periods, the guest acknowledges that no general statutory cooling-off or withdrawal right applies, except where mandatory law provides otherwise. This reflects the EU consumer rules for dated accommodation services.

21. APPLICABLE LAW AND JURISDICTION

21.1 These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by Spanish law.

21.2 If the guest is acting as a consumer, nothing in these Terms shall deprive the guest of any mandatory consumer rights or protections available under applicable law, including any rights relating to jurisdiction that cannot be contractually displaced. EU consumer-jurisdiction rules contain mandatory protections for consumers, so this reservation is important.

21.3 If the guest is not acting as a consumer, the courts of Marbella, Spain shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, the booking, or the stay.

22. SEVERABILITY

22.1 If any provision of these Terms is held by a court or competent authority to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

23. NO WAIVER

23.1 Failure or delay by the Property in exercising any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy.

24. ASSIGNMENT AND SUBCONTRACTING

24.1 The Property may assign, transfer, subcontract, or otherwise deal with any of its rights or obligations under these Terms without the guest’s prior consent.

24.2 The guest may not assign or transfer any booking or rights under these Terms without the prior written consent of the Property.

25. ENTIRE AGREEMENT

25.1 These Terms, together with the booking confirmation and any rate-specific conditions expressly incorporated into the booking, constitute the entire agreement between the guest and the Property in relation to the booking and stay and supersede all prior discussions, correspondence, or understandings relating to the same subject matter.

26. CHANGES TO THESE TERMS

26.1 The Property may amend these Terms from time to time by publishing an updated version on its website.

26.2 The version applicable to a booking shall normally be the version in force at the time the booking is made, unless a change is required by law or regulatory requirement.