Rental Terms

1. Parties and purpose

1.1 The Rental Agreement is entered into between Giovanni Orfeo Reinaldo Zebeda, trading as Casa Cabopino Retreat (the “Operator”, “we”, “us”), and the person who makes the booking (the “Lead Guest”, “you”), acting for themselves and on behalf of every member of the party.

1.2 The Operator grants the Lead Guest the temporary use of the accommodation known as Casa Cabopino Retreat (the “Property”), for holiday purposes only, for the dates stated in the booking confirmation.

1.3 The Property is registered with the Registro de Turismo de Andalucía as a vivienda con fines turísticos under number VFT/MA/52425. The competent tourism authority is the Junta de Andalucía.

1.4 Contact for all matters relating to the Agreement: info@casacabopinoretreat.com. A local telephone contact for use during the stay is provided with your arrival instructions.

2. Nature of the contract

2.1 This is a contract for temporary tourist accommodation governed by Decreto 28/2016 of 2 February on viviendas con fines turísticos in Andalusia and by Ley 13/2011 on Tourism of Andalusia, together with the Spanish Civil Code and consumer legislation.

2.2 It is not a residential tenancy. It falls outside the scope of the Spanish Urban Leases Act (Ley 29/1994, LAU) by virtue of article 5(e) of that Act. No right of renewal, extension, tenancy or residence arises from the Agreement, and no person may register the Property as their domicile.

2.3 The House Rules, the Cancellation and Security Deposit Policy, the Privacy Policy and the Legal Notice form part of the Agreement. Where a conflict arises, the Rental Agreement prevails.

3. Who may stay

3.1 The Lead Guest must be at least 21 years old, must be a member of the party and must be present at the Property throughout the stay. Proof of age and identity may be requested on arrival.

3.2 The maximum occupancy is six persons in total, including children and infants of any age. This limit follows from the tourist registration of the Property and cannot be exceeded for any reason.

3.3 Only the guests declared in the booking and registered on arrival may stay overnight. Day visitors are permitted only with our prior written approval and must leave by 22:00.

3.4 Bringing additional persons into the Property without approval is a serious breach of the Agreement and entitles us to apply clause 15.

3.5 The Property is rented as a whole to a single party. It may not be sublet, assigned, shared, advertised, exchanged, or used for any commercial purpose, photo or film shoot, event, or paid activity.

4. Price, what is included, and payment

4.1 The total price of your stay is stated in your booking confirmation. All amounts are in euro and include Spanish VAT (IVA) where applicable.

4.2 The price is all-inclusive. There are no cleaning fees, linen fees, booking fees or service fees. Included are: final cleaning; bed linen, bath towels and beach towels; electricity, water, gas, heating and air conditioning; wi-fi; use of the private roof terrace and heated jacuzzi; one designated private parking space; and access to the communal pool of the residential complex.

4.3 Fair use. Utilities are included on the basis of normal holiday use. Manifestly excessive consumption — for example air conditioning running with the terrace doors open, or heating the jacuzzi continuously while the Property is unoccupied — may be charged at cost, with evidence provided.

4.4 Payment schedule. 50 percent of the total is payable on booking; the balance is payable 30 days before arrival and is paid through a secure personal payment link that we send you before the due date. For bookings made within 30 days of arrival the full amount is payable on booking.

4.5 If a payment is not received by its due date we will notify you and allow a short period to correct it. If it remains unpaid, we may treat the booking as cancelled by you and apply the cancellation terms in clause 6.

4.6 Tourist tax. At the date of these terms no regional or municipal tourist tax applies in Andalusia. If such a tax is introduced by law and becomes payable for your stay, it will be charged separately at the statutory rate and is not part of the price.

5. Security deposit

5.1 A refundable security deposit of EUR 300 is secured two days before arrival as an authorisation hold on your payment method or in your PayPal account. No money is taken: the amount is reserved and becomes available again when the hold is released. Depending on the payment method the lead guest may be asked to authorise the hold, in which case we send a link in good time.

5.2 The hold is released within seven days after departure, unless a claim is made under clause 5.3. We will tell you in writing, with a description and evidence, before collecting any amount against it.

5.3 An amount may be claimed against the deposit only for: damage to the Property, its contents or the communal areas caused by the party; missing items; cleaning materially beyond what a normal stay requires; the cost of remedying smoking inside the Property; unpaid charges under the Agreement; or costs caused by exceeding the maximum occupancy.

5.4 The deposit is a security, not a limit on liability. Where documented loss exceeds the deposit, the balance remains payable; where it is lower, only the actual loss is deducted.

6. Cancellation, changes and no-show

6.1 The following cancellation terms apply and mirror the Cancellation and Security Deposit Policy published on this website:

• 30 or more full days before arrival: full refund of amounts paid for the accommodation.
• 7 to 29 full days before arrival: 50 percent of the accommodation price is refunded.
• Fewer than 7 full days before arrival: the accommodation price is non-refundable.
• A booking may in addition be cancelled free of charge within 48 hours of confirmation, provided arrival is at least 14 full days away at the time of booking.

6.2 On cancellation no security deposit is taken, and any hold already placed is released in full.

6.3 No-show, late arrival and early departure. No refund is due for a no-show, for nights not used because of late arrival or early departure, or for any part of the stay not taken by choice.

6.4 Changes by you. A request to change dates is subject to availability and to our written approval, and may result in a revised price. If we cannot accommodate the change, the original terms continue to apply.

6.5 Cancellation by us. If the Property becomes genuinely unavailable or unsafe (for example fire, flood, serious breakdown, or an act of a public authority), we will tell you at once and, at your choice, offer comparable alternative dates or accommodation of at least equivalent standard, or refund every amount paid in full. Our liability in that case is limited to that refund and to any direct costs you can evidence, and does not extend to travel, transfer or other arrangements booked elsewhere.

6.6 Withdrawal rights. Accommodation provided for a specific date or period is exempt from the 14-day right of withdrawal under article 103(l) of the Spanish consumer code (Real Decreto Legislativo 1/2007). The 48-hour grace period above is granted by us voluntarily and in addition to your statutory rights.

6.7 Insurance. We strongly recommend comprehensive travel and cancellation insurance. We do not provide it and cannot refund outside the terms of this clause.

6.8 Cancellation requests must be sent in writing to info@casacabopinoretreat.com, stating the booking reference and the Lead Guest’s name. The date we receive the request governs.

7. Arrival, departure and keys

7.1 Check-in is from 15:00 and check-out is by 11:00. Arrivals are received until 23:00. Please tell us your expected arrival time at least 48 hours in advance, and let us know without delay if your travel is delayed.

7.2 You are welcomed at the Property in person by our local host, who hands over the keys. Early check-in or late check-out is sometimes possible, free of charge, but only when the calendar allows and only when agreed in writing in advance.

7.3 Keys, remote controls and access devices remain our property. Loss is to be reported immediately; the cost of replacement, including any lock or community device that must be replaced, is payable by the party.

7.4 On departure, please leave the Property tidy, with dishes washed or in the dishwasher, waste removed to the communal containers, windows and doors closed, air conditioning off, and the jacuzzi cover in place. Normal final cleaning is included and no further cleaning work is expected of you.

8. Guest registration required by Spanish law

8.1 Spanish law obliges us to register every guest, including minors, and to transmit their details to the Ministry of the Interior (Real Decreto 933/2021 and implementing rules). This is a legal duty, not a commercial choice.

8.2 Before or on arrival you must provide, for each member of the party: full name and surnames, sex, identity document type and number (passport, DNI or NIE) with its issue date, nationality, date of birth, country and full address of residence, telephone and email, and the relationship to any minor travelling with you.

8.3 We must also record the contract and payment details of the stay. This information is kept for three years as the law requires and is not used for marketing.

8.4 If the required details are not provided, we cannot lawfully give access to the Property. In that case the stay is treated as cancelled by you under clause 6 and no refund is due.

8.5 How this data is handled is set out in our Guest Registration Privacy Notice, provided with the secure registration link.

9. House Rules

9.1 The House Rules published on this website form part of the Agreement and apply to every member of the party and to any visitor. The principal rules are:

• Quiet hours 22:00–09:00. The Property is in a quiet residential complex. Outdoor noise must be kept low at all times and voices carry from the roof terrace; please treat the terrace as an indoor space after 22:00.
• No parties or events of any kind, and no amplified music outdoors.
• Smoking and vaping are permitted only on the ground-floor terrace, using the ashtray provided, and nowhere inside the Property, on the roof terrace or on the first-floor balcony.
• Illegal drugs, cannabis and nitrous oxide are prohibited throughout, including outdoor areas.
• Pets are not permitted, with the statutory exception of recognised assistance animals, which must be notified in advance.
• Parking: one designated private space is reserved for you. Additional vehicles park on the public street. The speed limit inside the complex is 20 km/h.
• Waste is separated and taken to the communal containers; waste is not left outside the door.
• Barbecue use is supervised by an adult at all times and the appliance is cleaned after use. No open fires, fire pits, candles left unattended, fireworks or sky lanterns.
• Equipment and installations are not to be adjusted, dismantled or relocated.
• Access codes and wi-fi credentials are not to be shared outside the party.

9.2 The statutes and rules of the residential community, including any hours set for the communal pool, apply to you during the stay in the same way as they apply to residents.

10. Jacuzzi, pool, terraces and safety

10.1 The private roof jacuzzi is used at your own risk. Shower before use; do not use glass on the roof terrace; keep the water temperature at or below 40°C; do not use it under the influence of alcohol or when pregnant or with a heart condition without medical advice; and replace the cover fully after every use. Children must be supervised directly by an adult at all times.

10.2 The communal pool belongs to the residential complex and is unsupervised. There is no lifeguard. Children must be accompanied by an adult. Pool opening periods and rules are set by the community and may change; the pool may be closed for maintenance, weather or community decision, which does not give rise to a refund.

10.3 The Property is arranged over several levels. The roof terrace is reached by stairs only, and the communal pool by stairs and a sloped path. There are terraces and a balcony with railings. Guests with limited mobility, and parties with young children, should take this into account.

10.4 The Property is equipped with a smoke detector and a fire extinguisher. Please locate them on arrival. Report any defect immediately.

10.5 Use of all facilities, indoors and outdoors, is at your own risk. We are not liable for accidents arising from use contrary to the Agreement, the House Rules or ordinary care, nor for the acts of third parties in the communal areas.

11. Surveillance

11.1 There are no cameras and no recording devices of any kind inside the Property, nor in the private outdoor areas.

11.2 The residential complex operates exterior security cameras in its own communal areas, which are not controlled by us. Installing your own cameras or recording devices at the Property is not permitted.

12. Care of the Property, damage and loss

12.1 Please treat the Property as a private home. The Lead Guest is responsible for the conduct of every member of the party and of any visitor.

12.2 Damage, breakage or malfunction must be reported to us within 24 hours of it occurring or being noticed.

12.3 The party is liable for damage or loss caused by negligence, misuse or breach of the Agreement, including damage to the communal areas of the complex. Ordinary wear and tear is not charged.

12.4 We are not liable for personal belongings left behind, lost or damaged at the Property. Items found are kept for 30 days and can be returned at your cost.

12.5 Please do not move furniture between floors or outdoors, hang anything from railings, or use the linen or towels of the Property at the beach or pool; beach towels are provided for that purpose.

13. Access to the Property during the stay

13.1 The Property is your private dwelling for the duration of the stay and its inviolability is respected.

13.2 We or our local host may enter only: with your prior agreement; to carry out urgent repairs or in an emergency; where there is a well-founded suspicion of a serious breach of the Agreement; or to comply with a legal obligation. Except in an emergency we will give reasonable notice and enter at a reasonable hour.

14. Interruptions and works

14.1 Occasional failures of utilities, wi-fi, air conditioning, pool technology or the jacuzzi can occur. We will arrange repair as quickly as reasonably possible.

14.2 Temporary interruption that is outside our control, or brief and promptly remedied, does not give rise to a refund. Where an essential facility is unusable for a substantial part of the stay through our fault, a proportionate reduction of the price will be agreed.

14.3 We are not responsible for noise, works or restrictions originating outside the Property, including works by the community, by neighbours or by public authorities, provided we had no prior knowledge of them.

15. Serious breach and termination

15.1 We may terminate the Agreement with immediate effect and require the party to leave the Property where there is a serious or persistent breach, in particular: exceeding the maximum occupancy; holding a party or event; repeated disturbance of neighbours; smoking inside the Property; illegal activity; wilful damage; refusing the legal guest registration under clause 8; or threatening or abusive behaviour towards our local host, neighbours or service providers.

15.2 In that case no refund is due for the remaining nights, and the costs caused by the breach remain payable. We will act proportionately and will document the grounds in writing.

16. Force majeure

16.1 Neither party is liable for failure to perform caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, strike, failure of public utilities, or an act or restriction of a public authority.

16.2 Where such an event prevents the stay, clause 6.5 applies and every amount paid for nights not taken is refunded.

17. Personal data

17.1 The controller is Giovanni Orfeo Reinaldo Zebeda, trading as Casa Cabopino Retreat, contactable at info@casacabopinoretreat.com.

17.2 Your data is processed to perform the Agreement, to comply with legal obligations such as guest registration and tax and accounting records, and, where applicable, on the basis of our legitimate interest in the security and proper administration of the Property. Details, including your rights of access, rectification, erasure, restriction, objection and portability, and your right to complain to the Agencia Española de Protección de Datos, are set out in our Privacy Policy.

18. Complaints

18.1 Please raise any problem with us during the stay, at info@casacabopinoretreat.com or by telephoning the local contact given in your arrival instructions. Most issues can be resolved the same day, and we can only put right what we are told about.

18.2 Official complaint forms (hojas de quejas y reclamaciones of the Junta de Andalucía) are available at the Property on request, as required of registered tourist accommodation.

18.3 If a complaint is not resolved, you may address the consumer and tourism authorities of the Junta de Andalucía. Consumers resident in the EU may also use the European Commission’s online dispute resolution platform.

19. Governing law and jurisdiction

19.1 The Agreement is governed by Spanish law, as the law of the place where the accommodation is situated and provided.

19.2 Nothing in the Agreement deprives a guest acting as a consumer of the protection of the mandatory rules of the country in which they are habitually resident. A consumer may bring proceedings before the courts of their place of residence or before the courts of Marbella (Málaga, Spain); we may bring proceedings only before the courts of the consumer’s place of residence.

20. General

20.1 The Agreement, together with the documents named in clause 2.3 and your booking confirmation, is the entire agreement between us for the stay.

20.2 If any provision is held invalid or unenforceable, the remainder continues in force and the invalid provision is replaced by a lawful provision of equivalent effect.

20.3 The Agreement is concluded in English. A Spanish translation is available on request; in case of discrepancy the English text prevails, save where Spanish mandatory consumer law requires otherwise.

20.4 Amendments are valid only in writing, for which email is sufficient, and agreed by both parties.

20.5 The Agreement is signed electronically. Your electronic signature, and the date and time recorded by the booking system, have the same legal effect as a handwritten signature.

Signing

When you book directly, the Rental Agreement is presented for electronic signature as part of the booking step, with your dates, party size and amounts filled in. By signing, the lead guest confirms that they are at least 21 years old, that they accept these terms and the House Rules, that they will stay at the Property throughout the booking, that the party will not exceed six persons in total, and that they accept responsibility for every member of the party.