Privacy policy

The present general contracting conditions regulate the commercial relationship between HERMANOS BRINKMANN MORALES CB, acting through its manager HACIENDA CLAVERO (hereinafter, HACIENDA CLAVERO), and the CLIENT who contracts the services offered from the website www.haciendaclavero.com

HACIENDA CLAVERO offers comprehensive management services for the short-term (holiday) rental of a property. Information regarding the properties available for online rental is provided on the website www.haciendaclavero.com Below you will find the general contracting conditions that regulate the rental of the properties published on the website www.haciendaclavero.com These general contracting conditions will be valid and in force as long as they are accessible on the website. It is essential that before booking the rental of any property from this website, you carefully read the following general contracting conditions, as they establish the conditions that must be met to rent the properties. The acceptance of these purchase conditions also means the acceptance of the terms and conditions of the LEGAL NOTICE of this website, so reading it is also essential.

IDENTITY OF THE PARTIES. LEGAL OWNERSHIP (PROPERTY): HERMANOS BRINKMANN MORALES CB, with address at Calle Ramos Carrión 64, with CIF E93399756. OPERATIONAL MANAGEMENT (HACIENDA CLAVERO): The management and relationship with the final client are carried out by Hacienda Clavero, under the authorization of the Property. CLIENT is the individual consumer who contracts the rental of the properties offered on the website.

OBJECT. The object of this contract is the provision, by HACIENDA CLAVERO in favor of the CLIENT, of short-term accommodation services. To this end, HACIENDA CLAVERO will provide the client with the following services: i) Information from the website, relating to the different properties that can be rented for a short duration. This information relates to property characteristics, availability, rental price, reservation method, among others. ii) Online reservation management, online rental contracting, and payment of the rental price. iii) Customer service during the stay (only for properties that include this service) HACIENDA CLAVERO does not guarantee the technical continuity of the Website, nor the absence of failures in the information about the properties, nor does it guarantee the availability and access to the Website or its services one hundred percent of the time. Likewise, it does not guarantee the absence of viruses or harmful components on the Website or its server.

PROPERTY RENTAL PRICE. The rental price of each property is indicated in the information provided by HACIENDA CLAVERO on the website. The price indicated for each property refers to the price per night or per week. The method of payment for the rental price of the property selected by the CLIENT is: • 50% of the total rental price is paid at the time of making the reservation. • The remaining 50% of the total price will be paid 14 days before the day of check-in or entry into the rented property. The total rental price includes the following concepts: • Accommodation for the days indicated in the reservation. • Final cleaning of the property. * • Value Added Tax (IVA). Some properties include cleaning during the stay in the price. These cases are duly indicated in the detailed property information.

EXTRA SERVICES NOT INCLUDED IN THE RENTAL PRICE. The rental price does not include the services indicated below. However, CLIENTS may request HACIENDA CLAVERO to contract these services: ✓ Airport / Train Station Transfer directly to the property ✓ Special taxi services ✓ Express dry cleaning service ✓ Restaurant reservations ✓ Leisure & Show tickets ✓ Access to Sports Clubs ✓ Cleaning during the stay The price of these services will be indicated at the time of request by the CLIENT and will be paid at the time of their request.

PAYMENT OF THE RENTAL PRICE. The method of payment for the rental price of the selected property may vary depending on the type of accommodation selected and how far in advance it is booked. The default payment method will always be by bank card. For more payment alternatives, you must contact the administration.

RESERVATION PROCESS AND PAYMENT METHOD FOR THE RENTAL PRICE. There are two methods to formalize and pay for the property reservation, depending on the one selected. The reservation and payment methods are as follows: IMMEDIATE RESERVATION METHOD: Allows the CLIENT to make the property reservation instantly. Not all properties offered on the website support this reservation method. The CLIENT will be able to know if the selected property allows flash reservation during the booking process. To formalize the flash reservation, the CLIENT must select the property of interest that allows this reservation method. In addition, they must indicate the dates they wish to rent the property and submit this information using the interactive forms provided on the Website, in which the requested contact details must be entered. After sending the request, the system will confirm availability and the CLIENT may proceed with the payment of the reservation for the property rental. At the time of making the reservation, 50% of the total rental price is paid, in addition to the cost of the final cleaning. To make the payment, the CLIENT must follow the instructions on the page at all times. The remaining 50% will be paid after the free cancellation period of the reservation has ended. Payment to make the reservation can be made using VISA, MASTERCARD, or other forms of payment indicated on the page at any time. The website has a payment gateway installed that allows the price to be paid electronically. The data provided through the payment gateway is encrypted to guarantee maximum security and will be kept during the payment process and until the deposit is returned in accordance with condition 10. The data provided through the payment gateway will be kept by the Data Processor, the payment gateway company, for the purpose of managing the payment made by the CLIENT, as well as, where appropriate, making subsequent additional charges to the card in accordance with the provisions of condition no. 10 (section “ADDITIONAL CARD CHARGES”). After clicking the “PAY” button, the order cannot be canceled, except in the cases and through the process established in the section “Right of withdrawal and cancellation policy” of these conditions. Once payment has been made, the system will send the CLIENT an email (to the email address provided) with the confirmation of payment and reservation, and the reservation details (property rented, accommodation dates, total price, price paid, outstanding price, cancellation costs, deposit amount) at which time the reservation will be considered formalized. Without receiving the indicated email, the reservation will not be considered made. In case of not receiving the confirmation email, it will be necessary for the CLIENT to immediately contact customer service by sending an email to https://www.google.com/search?q=infohaciendaclavero.com or by calling the telephone number +34 621 50 15 23. To hand over the keys to the property, the CLIENT must show the reservation confirmation email, as well as their valid identity document. RESERVATION “UPON REQUEST” METHOD: Through this method, the CLIENT does not make the reservation instantly. The type of reservation is indicated during the application process. To formalize the reservation, the CLIENT must select the property of interest, indicate the dates they wish to rent the property and submit this information using the interactive forms provided on the Website, in which the requested contact details must be entered. After sending the request, the CLIENT will receive an acceptance or rejection of their request via email within a maximum period of 24 hours. In case their request has been accepted, the corresponding link to make the reservation payment will be provided in the same email communicating the acceptance. To make the payment, they must follow the instructions on the page at all times. At the time of making the reservation, 50% of the total rental price is paid, in addition to the amount related to the final cleaning cost. To make the payment, the CLIENT must follow the instructions on the page at all times. The remaining 50% will be paid after the free cancellation period of the reservation has ended. Payment can be made using VISA, MASTERCARD, or other forms of payment indicated on the page at any time. The website has a payment gateway installed that allows the price to be paid electronically. After clicking the “PAY” button, the order cannot be canceled, except in the cases and through the process established in the section “Right of withdrawal and cancellation policy” of these conditions. Once payment has been made, the system will send the CLIENT an email to the email address they provided, confirming the payment and the reservation, (property rented, accommodation dates, total price, price paid, outstanding price, cancellation costs, deposit amount) at which time the reservation will be considered formalized. It will be necessary for the CLIENT to have available and save the email with the reservation confirmation until check in at the property.

PROPERTY KEY HANDOVER. For the key handover of the property, it will be essential that the CLIENT: i) Has accepted the reservation conditions ii) Has paid the total agreed price and/or supplements. iii) Shows the reservation confirmation email. iv) Delivers the deposit amount in cash or through alternative payments by bank card. v) Has completed the mandatory traveler registration for all guests in the reservation.

CHECK-IN (ENTRY) AND CHECK-OUT (DEPARTURE) CONDITIONS. CHARGES AND SUPPLEMENTS. The entry (check-in) and exit (check-out) times are mandatory for the CLIENT who has contracted the rental of a property. The times are as follows:
FROM TO CHECK-IN From 14:30
CHECK-OUT Until 11:00
‣ Out-of-hours Check-in: Consult conditions depending on the property ‣ Out-of-hours Check-out: Consult conditions depending on the property. To carry out an out-of-hours check-out, it will be essential to confirm the availability of the property at the time of key handover. To proceed with check-in (entry) the CLIENT must show their passport or DNI and sign these general contracting conditions, as well as settle any outstanding payments that may exist at that time. Entry and exit supplements will be paid in cash, at the time of check-in, before the key handover of the property. If they are not paid at that time, the supplement amounts will be deducted from the amount to be returned from the deposit delivered by the CLIENT. Check-out (departure). The CLIENT is obliged to vacate the property on the date indicated at the time of reservation, as well as within the time detailed above. In the event that the CLIENT does not vacate the property on the agreed day and time, they must pay HACIENDA CLAVERO compensation for damages, consisting of

DEPOSIT. ADDITIONAL CARD CHARGES. DEPOSIT Before the key handover of the property, the CLIENT must deliver a deposit to the OWNER. The amount of the deposit will be informed during the reservation process and will be indicated again in the reservation confirmation email and subsequent emails related to the reservation payment, which the system sends to the CLIENT. The purpose of the deposit is to guarantee the return of the property and its belongings in the same condition in which they were delivered, as well as the payment of outstanding amounts. The deposit will be returned after verifying that the property has been returned in the same conditions in which it was delivered. HACIENDA CLAVERO is expressly authorized to deduct from the amount delivered as a deposit the amounts that remain pending payment by the CLIENT, after their departure from the property. ADDITIONAL CARD CHARGES In the event that the amount delivered as a DEPOSIT is not sufficient to cover damages or breakages in the property, HACIENDA CLAVERO is expressly authorized to make additional charges to the card used by the CLIENT (in the payment of the property reservation) until the amount of the existing damage or breakage is covered. For this, HACIENDA CLAVERO will send the client the corresponding expense note/invoice.

STAY PERIODS BY WEEKS OR DAYS. Each property has its own calendars in which, depending on the selected season and the requirements of each owner, the reservation may be for full weeks or individual days. The platform is designed to automatically inform and offer CLIENTS the corresponding options. The CLIENT can find out this information at the time of requesting availability in the interactive calendar or, when it cannot be offered automatically, by sending an information request, awaiting a response from HACIENDA CLAVERO within a maximum of 24 hours from the request.

CONDITIONS DURING THE STAY (RULES OF CONDUCT). The CLIENT, their companions and visitors, who access the property under their authorization, are obliged to: • Maintain the property in perfect condition during the term of the contract, being directly responsible for any damage and/or alteration to it. • Respect the rest hours of the community of owners to which the property belongs, which are from 23:00 (11PM) to 8:00 (8AM), as well as the schedules stipulated by each community or neighborhood. • Return the property in perfect condition of cleanliness and order at the time of departure, failure to comply with which will result in the automatic loss of €150 of their deposit for order and cleaning. This includes: o Clean kitchen, with no dirty dishes, or trash in it or any other room or exterior of the property. o Bedrooms and common areas with furniture and decorative elements in their respective original places. o Household linen (sheets and towels) in their bedroom and/or bathroom. • Not allow any type of gathering of people that exceeds the limit of occupants indicated in the reservation. Likewise, any type of party is expressly prohibited. In case of neighbor complaints related to loud music, or the holding of parties on the property or in case it has been necessary to call the Police, HACIENDA CLAVERO reserves the right to immediately evict the property. In such a case, the CLIENT will not be entitled to the refund of any amount paid for rent, security, or deposit. • Throw away the trash in the containers located outside the building after 8 PM or in the building's garbage room, if it has one. • Not enter or bring pets of any kind into properties classified as “no pets”. HACIENDA CLAVERO is not responsible for the inoperability of the high-speed internet line. The CLIENT will be directly responsible for: • Loss, theft or deterioration of the personal belongings of the CLIENTS themselves, their companions or visitors. • Damages that may be caused to people or things, derived from installations for services and supplies of the rented property. • Supervision of minors in the pool, as well as gardens and the rest of the property. HACIENDA CLAVERO is not responsible for replacing kitchen utensils or textiles, or light bulbs that were missing at the time of entry to the property, once 7 days have passed from the entry date. The electricity and water costs that incur during the rental period of the property are the responsibility of the Property. The CLIENT is committed to responsible consumption of electricity and water. Consumption considered abusive of electricity is more than 150 Kw/h per week. Every excess Kw/h will be charged €0.25 per Kw/h. When the Tenants arrive at the property, the meter reading will be taken and stated in the contract, and the meter will be read again on the Tenants' departure day. The CLIENT consents that HACIENDA CLAVERO may charge the deposit €50 for each set of keys not returned and €50 for each garage remote control not returned.

PETS. The property search tool has a search filter for properties that accept pets during stays. All information related to the property, characteristics, included services and pet policy can be viewed on each property's technical sheet.

PENALTIES. In the event that the CLIENT does not voluntarily vacate the property or does not hand over the keys to it on the date indicated in their Reservation Confirmation, they must indemnify HACIENDA CLAVERO for each day that, without authorization, they extend their stay or retain the keys, at five times the price-per-night of the reservation. A penalty of 150 Euros will be applied to any CLIENT who does not deliver the property and its accessories in a reasonable state of cleanliness and without trash or waste inside. This penalty may be deducted from the amount delivered as a deposit.

RIGHT OF WITHDRAWAL. CANCELLATION POLICY. CANCELLATION COSTS. The right of withdrawal is the faculty of the CLIENT to void the reservation made. There is no right of withdrawal in accordance with Article 103, section l) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and CLIENTS and other complementary laws, as it concerns accommodation services. Notwithstanding the foregoing, HACIENDA CLAVERO has designed the following cancellation policy in order to protect the interests of the OWNER and the CLIENTS: i) Reservation cancellations will be managed by HACIENDA CLAVERO. To cancel a reservation, the CLIENT must send an email to [email protected] indicating “Reservation Cancellation” as the subject and attach the reservation confirmation email or the reservation confirmation number to the message. ii) The reservation cancellation will be considered made and will take effect after HACIENDA CLAVERO sends an email confirming the cancellation. iii) The cancellation costs of the reservation appear in the link of the reserved accommodation. Each accommodation has different cancellation rules according to its type and/or location. If the client decides to cancel outside the free cancellation period, only the amount related to the final cleaning costs will be refunded. In the event that the cancellation occurs by the OWNER of the property, the price paid by the CLIENT will be fully refunded, without any management and/or cancellation costs. In these cases, HACIENDA CLAVERO undertakes to help the CLIENT locate and book another property.

SPECIAL CANCELLATIONS. Cancellations due to death: In case of death in the CLIENT's family (mother, father, spouse, sibling, child) between 7 days and 24 hours prior to arrival, no cancellation cost will be applied to the CLIENT. If the death of a family member occurs with less than 24 hours, 50% of the total amount paid will be refunded to the CLIENT. To manage this cancellation, the official death certificate must be sent. Extraordinary cancellations: When the cancellation proceeds from a natural disaster (avalanches, cyclones, hurricanes, landslides, earthquakes, snowstorms...) and the rented property is affected by the impossibility of being used with total safety guarantees by the CLIENT, the reservation will be automatically canceled and the CLIENT will receive a 100% refund of the amount they have paid. In the rest of the extraordinary situations (terrorist acts, acts of war, nuclear accidents, political problems and those derived from coups d'état, and others) they will be agreed upon by the agency according to type, duration, and/or severity.

DATA PROTECTION (Adapted to GDPR/LOPDGDD) For the purposes of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relative to the protection of natural persons (GDPR), and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD), HERMANOS BRINKMANN MORALES CB, with address at Calle Ramos Carrión 64, with CIF E93399756 (hereinafter, HACIENDA CLAVERO), informs the CLIENT that the personal data provided during the contracting process will become part of the processing for which HERMANOS BRINKMANN MORALES CB is Responsible. HACIENDA CLAVERO will process your data for the following purposes and legal bases: i) Provide the contracted services of online reservation management of properties for short-term rental, including the management of the contractual relationship. Legal Basis: Execution of the service contract. ii) Manage the payment of reservations, as well as manage additional charges on the card in case of damages and/or breakages to the properties. Legal Basis: Execution of the service contract and/or legitimate interest in the protection of the property. iii) Comply with the legal traveler registration obligations before the State Security Forces and Bodies (SES.HOSPEDAJES). Legal Basis: Compliance with a legal obligation (Organic Law 4/2015 on Protection of Citizen Security). iv) Address the queries raised by the CLIENTS and properly manage the operation of the Website services. Legal Basis: Legitimate interest in business management and customer service. v) Send commercial communications about the services offered by HACIENDA CLAVERO that are of interest to the CLIENTS. Legal Basis: Consent of the interested party or Legitimate Interest (for previous clients, in accordance with the LSSI). CLIENTS are informed that the recipients of the personal data they provide will be the HACIENDA CLAVERO staff and the Data Processors that are necessary for the provision of the service. The data provided during the payment process will be kept by the Data Processor of said data, the payment gateway company. In any case, the data will be provided to the OWNERS and companies that provide the additional services that the CLIENTS have contracted (Airport / Train Station Transfer, special taxi services, dry cleaning, restaurant reservations, etc.). HACIENDA CLAVERO will not transfer or communicate the personal information provided, nor offer it to other companies, organizations, or individuals not related to the contracted services, without the informed consent of the CLIENT. The acceptance of these conditions implies the express consent of the CLIENT to the processing of the data for the purposes indicated above, including, where applicable, the sending of electronic communications. CLIENT Rights: The CLIENT may exercise their rights of Access, Rectification, Deletion (Right to be Forgotten), Opposition, Portability and Limitation of the processing of their personal data by writing to HERMANOS BRINKMANN MORALES CB with address at Calle Ramos Carrión 64, with CIF E93399756, or to the following email address [email protected]. The request to exercise any of the rights must be accompanied by a copy of the CLIENT's ID and indicate the right they wish to exercise. HACIENDA CLAVERO reserves the right to modify this policy to adapt it to future legislative or jurisprudential developments.

PRIOR KNOWLEDGE OF THESE CONDITIONS. These purchase conditions have been provided to the CLIENT prior to the formalization of the purchase contract, complying with the legal duty of prior information. These purchase conditions can be downloaded, stored, and printed by the CLIENT at any time.

JURISDICTION The CLIENT submits, with express waiver of any other jurisdiction, to the Courts and Tribunals of the city of Málaga.

The website www.haciendaclavero.com (hereinafter the Website or the web page) is owned by the entity HERMANOS BRINKMANN MORALES CB (hereinafter HACIENDA CLAVERO), with registered office at Calle Ramos Carrión 64, with CIF E93399756. Henceforth, the term "Users" will refer to all persons who access and/or browse this website, with the purpose of using and accessing its services and content, as well as with the purpose of purchasing the products offered on the website. The access, navigation, and use of this "Website" means the express acceptance by the User of all the terms and conditions contained in this LEGAL NOTICE, and we therefore advise reading it. If you do not agree with the conditions and terms set forth below, you should not access, browse, or use this website.

I. General conditions. HACIENDA CLAVERO may alter without prior notice, the design, content, presentation and/or configuration of the website, the terms and conditions of this Legal Notice, as well as some or all of the services of the website. Consequently, we recommend carefully reading this Legal Notice on each of the occasions on which the website is used, as it may undergo modifications. The user must bear in mind that the contents and links of this Website may not reflect the most recent information on the products and services offered by HACIENDA CLAVERO. II. Conditions of access and use of the website. In general, access to the contents and the use of the services of the website is free of charge, and prior registration of Users is not necessary. However, for the reservation of the products and services offered, it will be necessary to complete the interactive contact form, which will request the introduction of personal data, and is accessed after the "RESERVAR" (BOOK) link. Likewise, it will also be necessary to include personal data (name and email) when the User wishes to contact HACIENDA CLAVERO through the interactive contact forms, which are found at the bottom of the page of each section. The User agrees to make diligent use of the Website and the contents and services accessible from it, in full compliance with the Law, good customs, and this Legal Notice. The User shall refrain from using any of the materials and information contained in this Website for illicit purposes, or which are contrary to this Legal Notice, the rights and interests of HACIENDA CLAVERO and/or third parties, and must be held liable to them in case of contravening or breaching these obligations. III. Exclusion of guarantees and liability. HACIENDA CLAVERO is not responsible for damages of any nature that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that the information, contents, and services of this Website may suffer from. Likewise, HACIENDA CLAVERO does not guarantee the availability, continuity, or infallibility of the operation of the Website, and consequently excludes, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Website and the services enabled therein, as well as errors in accessing the different pages that can be accessed through the Website. HACIENDA CLAVERO declines all responsibility for computer or other damages that may be caused to the visiting User when accessing the contents of this Website. Therefore, HACIENDA CLAVERO does not guarantee the absence of viruses or other harmful elements on this website, its server, or the existing links on it, which could cause damage or alterations to the computer system, electronic documents, or files of the User or third parties. IV. Links and search tools. The websites that the User can access through the links on this website are the responsibility of and managed by third parties, so HACIENDA CLAVERO does not exercise any type of control and consequently is not responsible, among others, for their content, reliability, access, files, and operation. HACIENDA CLAVERO does not assume any duty to monitor or verify the information or contents of the other websites that can be accessed through the existing hyperlinks. V. Statement of copyright and industrial property of the Website. This Website is governed by Spanish laws and is protected by national and international legislation on intellectual and industrial property. All intellectual and industrial property exploitation rights are reserved. All the contents shown on the Website and, especially, articles, designs, texts, graphics, photographs, images, logos, icons, code, database, trade names, brands, industrial drawings or any other sign susceptible of industrial and commercial use are subject to the intellectual and industrial property rights of HACIENDA CLAVERO and/or third-party owners thereof who have duly authorized their inclusion on the Website. Users who access the Website may view the information contained therein and temporarily store private copies on their computer system, provided they are for domestic use, and that the reproduced elements are not subsequently transferred to third parties or uploaded to a server connected to the Internet or a local network. The distribution, modification, transformation, assignment, public communication, and any other activity that has not been expressly authorized by the owner of the exploitation rights is prohibited. The unauthorized use of the materials, documents, and information contained on the Website may constitute a violation of the intellectual or industrial property legislation and other applicable regulations. The user who proceeds to send any type of content to the Website - through any of the communication channels provided for this purpose - ensures that they hold the necessary rights to do so. Consequently, HACIENDA CLAVERO will be exempt from any responsibility or legality regarding the content provided. If you wish to make any suggestion or comment regarding this Copyright and/or Industrial Property Statement, you can contact HACIENDA CLAVERO at the following email address: [email protected]

VI. Applicable legislation. This Legal Notice is governed in each and every one of its aspects by Spanish law. The User submits, with express waiver of any other jurisdiction, to the Courts and Tribunals of the city of Málaga.