Terms and Conditions
General Terms and Conditions for Guesthouse Mello Yello
Scope of Application
These terms and conditions apply to all agreements for renting rooms, studios, and apartments for your stay, as well as any other services provided by Guesthouse Mello Yello (which we'll just call 'the Guesthouse' from now on).
Subletting or re-renting the provided premises requires the prior written consent of the Guesthouse.
Contract Formation and Limitation Period
Your agreement with us is made when the Guesthouse accepts your request. The Guesthouse can choose to confirm your booking in writing.
You (the customer) and the Guesthouse are the parties to this agreement. If someone else booked for you, they'll be jointly responsible with you to the Guesthouse for all obligations from the accommodation agreement, as long as the Guesthouse has a statement from that third party.
All claims against the Guesthouse become time-barred after one year, starting from the regular limitation period that depends on awareness. Claims for damages become time-barred after five years, regardless of awareness. These shortened limitation periods do not apply to claims based on grossly negligent or intentional breaches of the Guesthouse's duties.
This short limitation period and limitation of liability also apply in favor of the Guesthouse even in cases of breach of obligations during contract initiation and contract breach.
Services, Prices and Payment Terms
The customer is obliged to pay the applicable or agreed prices for the provision of rooms, studios, and apartments, as well as any other services used. This also applies to services and expenses of the Guesthouse to third parties initiated by the customer.
The prices we agree on already include the legal VAT. If VAT goes up after you've booked, the Guesthouse might charge you the difference. Also, if more than four months pass between your booking and your stay, and the Guesthouse has raised its prices, we might increase your agreed price by up to 5%.
All payments to the Guesthouse are due within ten days of receiving your invoice, with no deductions. If you haven't made an advance payment, or if one wasn't agreed, then payments are due upon your arrival or when services begin. Any extra services you use during your stay must be paid for by the time you check out. For stays longer than three days, the Guesthouse can charge for additional services while you're here.
Cancellation
Unless a contractual right of withdrawal has been agreed with the customer, the customer's withdrawal from booked services requires the written consent of the Guesthouse. Without consent, the customer remains obliged to pay for the contractually agreed services. This does not apply if the customer has an indispensable statutory right of withdrawal or if upholding the contract is unreasonable due to a breach of the Guesthouse's duty.
You need to let the Guesthouse know in writing if you want to cancel.
Generally, cancellations of booked services are possible according to the following rules:
If you cancel, the Guesthouse will charge 30% of your booking. For cancellations made up to 13 days before your arrival, the Guesthouse will charge 80% of your booking. If you arrive late or leave early, we'll charge 100% of the booked service for your entire stay.
The customer is free to prove that the above-mentioned claims did not arise at all or not to the extent demanded.
Arrival and Departure / Room Provision
The customer does not acquire a right to the provision of specific studios, rooms, or apartments.
You can check into your room from 3:00 PM local time on your arrival day.
Please check out by 10:00 AM on your departure day. If you check out late, the Guesthouse can charge up to 50% of the rental price if you leave by 2:00 PM, and 100% of the rental price if you leave later.
A refund or reduction for agreed but unused services by the customer is excluded.
Cancellation by Guesthouse Mello Yello
If you don't make an agreed advance payment, even after the Guesthouse has given you an extension, the Guesthouse can cancel the agreement and claim for damages.
The Guesthouse can cancel the agreement for valid reasons. This might happen due to things like force majeure, other circumstances beyond our control that make it impossible to fulfill the contract, bookings made with misleading or false important information, or similar situations.
If the Guesthouse cancels, you won't be able to claim for damages.
Duties of the Customer
The customer is personally liable for damages occurring during the contract period in or to the provided premises, alongside the perpetrator. If the law provides for liability regardless of fault, the customer is jointly and severally liable with the perpetrator.
If you use the rooms differently from what was agreed, the Guesthouse can end the contract immediately. In this case, the Guesthouse still has the right to the agreed payment from you.
You can bring pets with you, but please get approval from the Guesthouse first. There will be an extra charge per night.
Liability of the Guesthouse
You can't claim for damages, except for injuries to life, body, or health, or if the Guesthouse is responsible for breaking its main contractual duties. This also doesn't apply to other damages caused by the Guesthouse's intentional or grossly negligent breach of duty.
A breach of duty by a legal representative or assistant of the Guesthouse is treated the same as one by the Guesthouse itself. For items you bring with you, the Guesthouse is liable as per legal rules, up to one hundred times the room price, but no more than 3,500.00 EUR. For cash, securities, and valuables, the limit is 800.00 EUR.Lost property can only be forwarded upon the customer's request and at their expense. Otherwise, lost property will not be kept for longer than 6 months.
If we provide you with a parking space, it's not a safekeeping agreement. The Guesthouse is only responsible for loss or damage to vehicles parked on our property, or their contents, if it's due to our intentional actions or gross negligence. The first part of this paragraph applies here too.
Adaptation Clause
If legal regulations change, the Guesthouse can adjust the agreed contract terms to match the new rules.
Final Provisions
Any verbal agreements are only valid once the Guesthouse confirms them in writing.
The Guesthouse's location is where services are performed and payments are made.
The Guesthouse's location in Spain is the only place of jurisdiction. So, both parties agree that the Guesthouse's location is the place for any legal matters.
Only Spanish law applies here. We don't use UN sales law or conflict of laws.
If any part of these terms and conditions becomes invalid or void, the rest of the terms will still be valid. Both parties agree to replace any invalid term with a valid one that's as close as possible to the original intention, both legally and economically.
Right to your own image
When you book with Mello Yello, if you're joining us for any sports or other activities, like surf courses, Surf Coaching, SUP sessions, or yoga events, you're agreeing that our staff can take photos of you during your stay/trip at these events and activities. You also agree that these photos can be used for Mello Yello's marketing. You give this consent when you book through our terms and conditions, and we'll confirm it again in a chat beforehand.
These photos might be used for:Websites
Social media channels (Facebook, Instagram, Pinterest, etc.)
and print media, if applicable
You can withdraw this consent in writing at any time. If you decide to withdraw your consent for us to publish and use photos, this withdrawal will apply to any future use of your images. If you'd like any published images removed, we kindly ask for your help by providing the links where your photos can be found.