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General booking terms and conditions

iMarbella
These general terms and conditions apply to iMarbella.se and parties who, directly or through a third party, enter into an agreement with iMarbella according to what is stated in the booking confirmation (the guest). The agreement may apply to lodging, travel, the purchase of other products and services, or a combination of the above (the arrangement).

WHO IS RESPONSIBLE?
The tour operator responsible for the arrangement is iMarbella.se.
Contact:
Richard Hedlund, phone +46708484400, richard@iMarbella.se
Linda Hedlund, phone: +46708484401, linda@iMarbella.se

AGREEMENT ETC.
iMarbella is responsible for providing the guest with products and services as specified in the agreement. This responsibility also applies to services etc. to be provided by parties other than iMarbella. Information on the website are binding for iMarbella, but may be changed before an agreement is entered into if reservations have been clearly made and the guest has been duly informed about the change. iMarbella is not responsible for possible printing or proofing errors.
iMarbella is responsible for ensuring:
• that the guest receives written confirmation of his booking and other important documents;
• that information is provided on the method of payment and where to collect keys, and that the guest is informed about any other matters of significance relating to the arrangement;
• that the arrangement corresponds to the description in the booking confirmation.
iMarbella is not responsible for promises that may have been made by third parties directly to the guest without iMarbella’s knowledge and that iMarbella is not aware of nor should be aware of (try to get such promises in writing to avoid problems).

In these general booking terms and conditions the following definitions apply:
Departure – the point in time specified on the confirmation/travel documents
Arrival – the point in time specified on the confirmation

WHEN IS THE GUEST’S BOOKING BINDING?
The guest is responsible for checking the confirmation and ensuring that the arrival and departure dates are correct. The booking is binding on both iMarbella and the guest as soon as iMarbella has confirmed the booking (a booking reference is assigned) and the guest has paid the rental in full in the stipulated period.

WHEN MUST THE GUEST PAY?
Payment of the agreed price and any cancellation insurance must be made to iMarbella at the time of booking. Guests can pay securely and easily with credit card on www.iMarbella.se. Only card payments made via www.iMarbella.se are acceptable.

PAYMENT CHARGES
When paying from abroad, the guest must pay the bank charges in his home country and in Sweden. iMarbella shall receive the agreed price in the currency specified on the confirmation. Any unpaid charges shall be charged to the guest no later than on arrival.

WHAT HAPPENS IF THE GUEST DOES NOT PAY ONTIME?
The booking will be cancelled if the payment is not received by iMarbella by the date indicated on the reminder. If the guest does not pay on time, this will be regarded as a cancellation and the cancellation rules will apply.

WHAT HAPPENS IF THE GUEST WANTS TO CANCEL?
The guest may cancel the booking verbally or in writing to iMarbella or to the location where the booking was received. iMarbella only accepts cancellations made by the guest. iMarbella is responsible for confirming the guest’s cancellation in writing. In the event of cancellation or of changes being made to bookings, iMarbella is entitled to levy an administration fee of €40.

PACKAGES
When booking combinations of arrangements sold by iMarbella for a price indicated in advance (packages), the guest cannot cancel individual products in the arrangement. For cancellation of individual/all persons in the package, the same rules apply as for cancellation of lodging/travel. The following applies to bookings for unspecified packages: Requests for apartment facilities, location, pets allowed/not allowed, will not be taken into consideration. iMarbella reserves the right to change the lodging unit up until arrival, even if lodging has previously been confirmed, without contacting the customer. Guests with particular requirements of lodging unit or location are recommended to book specific lodging.

WHAT IF SOMETHING HAPPENS TO THE GUEST?
The guest can purchase cancellation insurance that entitles the guest to cancel the arrangement up to the day of departure in case of illness or other serious incident. Cancellation insurance must be taken out before the first payment is made. The fee for cancellation insurance cannot be cancelled once paid and will not be re-funded. See the terms and conditions of cancellation insurance below. The payment terms for the insurance fee are the same as apply to the arrangement.

CANCELLATION INSURANCE
Cancellation
Guests who take out cancellation insurance have the right to cancel the arrangement as outlined below. The insurance will compensate the guest for cancellation costs if it is reasonable that the guest must cancel his booking because the guest, a close relative or travelling companion:
• suffers an acute illness, an accident or death
• is drafted into the army or civil defence unit
• has initiated divorce proceedings
• suffers a fire, water damage or burglary at his or her home or business is made redundant (does not apply to general notice of redundancies) suffers an unforeseen breakdown while travelling by car, train or bus to the arrangement destination, and 25% or at least 24 hours of the arrangement cannot be used.
Up until 42 days prior to arrival, it is also possible to cancel accommodation without specifying a reason.

Rebooking
Rebooking means that the guest can rebook lodging for the same destination or another iMarbella destination no later than 42 days before arrival. Rebooking is subject to space availability and the applicable price list at the iMarbella destination as well as an administration fee of €40.

Definitions
• Cancellation costs: Payment that has been made for the arrangement and that will not be refunded by iMarbella in the event of cancellation. The fees paid by the guest for cancellation insurance are not refunded.
• Policyholder: The person who has taken out insurance and are named on the reservation or holding proof of paid insurance.
• Travelling companion: Are named on the reservation as a participant in the arrangement.
• Close relative: Spouse, cohabitant/registered partner, child, grandchild, sibling, parent, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law.

Exceptions
The insurance does not cover costs if the guest must cancel due to a circumstance or illness that he was aware of when the insurance policy was paid for or if the trip was booked against the advice of a doctor. The guest must be able to prove that he/she is prevented from taking the trip by producing a certificate, e.g. from a doctor, government agency or insurance company. The certificate and a cancellation form must be submitted at the latest one month after the time to which the booking relates. Rules regarding how the guest can make a cancellation are found under the heading WHAT HAPPENS IF THE GUEST WANTS TO CANCEL? above.

Right of withdrawal
In accordance with the provisions of the Swedish consumer protection act in respect of distance selling and door-to-door marketing, the right of withdrawal does not apply to insurance policies that are valid for one month or less. For insurance policies valid for more than one month, a guest not intending to utilize the insurance policy must inform the insurance company or its representative that he/she wishes to withdraw from the agreement no later than 14 days after the agreement was entered into and before the policy takes effect. Försäkringsavtalslagen (Swedish Insurance Contracts Act) Swedish law and jurisdiction apply to the insurance. In addition to the insurance policy terms and conditions, the provisions of the Swedish Insurance Contracts Act apply.

iMARBELLA’S CHANGES AND THE GUEST’S RIGHTS ETC.
iMarbella may change the terms and conditions for the arrangement as long as the guest can be offered equivalent alternative services. If iMarbella’s costs are increased after the agreement has become binding for the parties, iMarbella is entitled to increase the price of the arrangement by an amount equivalent to the cost increase if the cost increase is the result of changes in taxation or other fees for services included in the arrangement. The price may not be increased in the last 20 days prior to arrival and the Guest must be informed immediately in the event of a price increase. The arrangement’s price must be reduced if iMarbella’s costs, at least 20 days before arrival, are reduced for the same reasons as stated above.

The journey’s departure time stated at the time the agreement is entered into is provisional. If the final departure time differs from the provisional time, the guest must be informed as soon as possible and no later than 14 days before departure. Unless notified otherwise the time stated in the booking confirmation or travel documents sent subsequently will apply. If the approximate departure time differs from the final time by more than 8 hours, the guest is entitled to withdraw from the agreement as described below.

If the arrangement cannot be provided according to the provisions in the booking confirmation and these terms and conditions, and iMarbella is unable to offer the guest equivalent alternative services, the guest is entitled to withdraw from the agreement. The guest also has the right to withdraw from the agreement if the terms and conditions are changed significantly to the detriment of the guest. iMarbella must then refund the full amount paid, less an amount for any portion of the arrangement already received by the guest. In order for the guest to be entitled to withdraw from the agreement, the guest must inform iMarbella of this intention as soon as possible and no later than 11 a.m. the day after arrival. Problems that arise during the guest’s stay must be reported within a reasonable time during the stay by the guest so that iMarbella has an opportunity to rectify the situation. If the guest did not report any defects or inadequacies to the relevant personnel on site and iMarbella, therefore, did not have the opportunity to assist, the guest will not be entitled to compensation according to practice and our booking terms and conditions.

iMarbella’s responsibility, if any, to pay damages for deficiencies during the stay or for cancellation of the trip by iMarbella ceases to exist if iMarbella can prove that the arrangement could not be provided or the deficiency arose due to circumstances beyond iMarbella’s control that iMarbella could not reasonably have anticipated when the agreement was entered into and the consequences of which iMarbella cannot reasonably have avoided or overcome, for example brief disruption of IT services, TV-signal, water or electricity supply.

The guest has the right to replace himself with another person and iMarbella must approve that person unless there are particular reasons not to do so. One such reason could be, for example, that the company providing transportation or another company used by iMarbella must approve the passenger exchange. The guest must provide information about the exchange at least 5 days before departure or the home journey. If changes are made to bookings, iMarbella is entitled to levy an administration fee of €40. If the agreement is transferred, the party transferring the agreement and the party acquiring it are jointly responsibility to iMarbella for the outstanding payment for the arrangement and for any extra costs incurred in connection with the transfer.

WHAT ARE THE GUEST’S RESPONSIBILITIES?
To book/conclude an agreement with iMarbella in respect of lodging, the guest must be aged 30 or over. All staying guests must be aged 30 or over to stay in the lodging. The age limit does NOT refer to children in companion with guardian. Satisfying the age limit is a requirement to gain access to the lodging. Proof of identity must be provided on arrival. If the guest does not satisfy the age limit when accessing the lodging, the cancellation rules apply. In the case of organized groups and travel parties with a leader exceptions may be made to the above regulations by agreement with iMarbella.

Guests must follow the rules of conduct, instructions and stipulations that apply for travel, lodging, swimming etc. Between the hours of 11 p.m. and 8 a.m. the guest must show the utmost consideration and not disturb other guests. The guest is fully responsible for any damage to the lodging and its contents if the guest, or another person with access to the lodging, behaves in a negligent or careless manner. If the no smoking or no pets rules are broken, a cleaning cost of €600 will be payable by the guest. The guest is not permitted to use the lodging for any purpose other than the one agreed upon at the time the booking was made (normally recreational purposes) and is not permitted to allow more people to stay overnight in the lodging or put up a tent, caravan, music system, bath tub, etc. on the property. The guest must clean thoroughly before the home journey, following the cleaning instructions. If these rules are not observed, iMarbella will debit a fee of €100.

All keys to the lodging must be submitted before the home journey. Failure to do so will result in a charge of at least €400 to change the locks. The Guest can book end-of-stay cleaning prior to arrival. Booked or obligatory cleaning does not include basic cleaning inside and out, washing dishes or emptying rubbish/ removal of empty bottles.

iMarbella has the right to cancel the agreement with immediate effect if the guest or any person in the guest’s party behaves in a disorderly manner and/or causes damage to the lodging or the surrounding area, or if the lodging is used for a purpose other than the intended one. If the agreement is cancelled, the guest and those in his/her party must immediately move out of the lodging and no refund will be payable. In the case of an immediate cancellation of the agreement for the above-mentioned reasons, iMarbella will debit the guest for the costs of the damage (a minimum of €600). In the event of immediate notice of termination of the agreement, iMarbella reserves the right to be able to close the lodging and remove the guest’s property. iMarbella accepts no responsibility for items left behind.

WHAT HAPPENS IN THE EVENT OF A DISPUTE?
The guest should contact iMarbella with any complaints. If the guest and iMarbella cannot reach agreement, the matter can be referred to the European Commission’s website for Online Dispute Resolution, Swedish National Board for Consumer Complaints, or a general court of law.

WAR, NATURAL DISASTERS, INDUSTRIAL ACTION, ETC.
Both parties have the right to withdraw from the agreement if the arrangement cannot be provided due to an act of war, natural disaster, industrial conflict, prolonged interruption in the water or energy supply, fire or other similar significant event that neither of the parties could have predicted or influenced. OTHER The relevant check-in and check-out times are indicated in the booking confirmation. The price of lodging does not include cleaning, cots/high chairs, toilet paper, cleaning supplies, etc. unless otherwise stated in the booking confirmation. Remember to bring the supplies you need for your stay. iMarbella’s lodging where it is not allowed to smoke or bring pets is not sanitated for allergic persons.

PERSONAL DATA ACT
By registering their personal details, the guest agrees that iMarbella, in its capacity as manager of guests’ personal details, may use the information to fulfil iMarbella’s undertaking to the guest and also forward the information to its partners, such as insurers, hotels, train and bus companies, airlines etc. iMarbella uses the guest’s details for the purpose of providing information, offers and services regarding the guest’s booking via e-mail, telephone, text and mailings. The guest may also be contacted for market surveys.