# Terms and Conditions

**Last updated: JANUARY 2025**

Welcome to **GibStay**, operated by **Advantage Property Management** (“GibStay”, “we”, “us” or “our”).

These Terms and Conditions apply to bookings made directly through **gibstay.com**, through our booking system, and, where applicable, to services provided by GibStay in connection with reservations made through third-party booking platforms.

By making a booking, paying for a reservation, checking into a property or otherwise using our accommodation services, you agree to these Terms and Conditions.

Nothing in these Terms and Conditions excludes or restricts any rights or remedies that cannot lawfully be excluded under Gibraltar law.

## 1. Our Role

GibStay provides short-term accommodation management and guest services in Gibraltar.

Properties may be owned by third-party property owners and managed by GibStay on their behalf. Where applicable, GibStay acts as the property manager and point of contact for the guest during the reservation.

The accommodation provided will be the property identified in your booking confirmation, subject to the provisions below concerning emergencies, property unavailability and relocation.

## 2. Booking Information

Guests are responsible for checking all booking information before confirming a reservation, including:

- property;

- arrival and departure dates;

- number of guests;

- price;

- cancellation policy;

- property facilities;

- accessibility requirements; and

- any important property-specific information.

The person making the booking must be at least 18 years old and is responsible for ensuring that all members of the travelling party comply with these Terms and Conditions.

Only registered guests may occupy the property unless GibStay gives prior approval.

## 3. Prices and Payments

The price shown at the time of booking will specify the accommodation charge and any applicable fees and taxes.

Additional optional services, including early check-in, late check-out, additional cleaning, mid-stay cleaning and other guest services, may be charged separately.

Any applicable Gibraltar tourism, city or visitor tax may be collected separately from accommodation charges.

A booking is not confirmed until payment requirements applicable to the reservation have been satisfied and a booking confirmation has been issued.

## 4. Third-Party Booking Platforms

Where a reservation is made through Airbnb, Booking.com, Vrbo or another third-party platform, the platform's booking, payment, cancellation and refund rules may also apply.

Where there is a conflict between these Terms and a mandatory rule imposed by the booking platform for a reservation made through that platform, the applicable platform rule will take priority to the extent of that conflict.

Issues relating solely to payments collected, refunds issued or decisions made directly by a third-party platform may need to be addressed through that platform.

## 5. Cancellation by the Guest

The cancellation policy displayed at the time of booking forms part of the booking contract.

Accommodation booked for specific dates is subject to the cancellation conditions attached to the reservation. Guests should therefore check the cancellation policy carefully before confirming a booking.

Where a guest chooses to leave a property early for reasons unrelated to a material failure in the accommodation, unused nights are not automatically refundable.

No refund will be due merely because of a change in personal circumstances, travel arrangements, weather preferences or a decision not to use accommodation that remains reasonably available for occupation, subject always to rights that cannot lawfully be excluded.

## 6. Check-In and Check-Out

Check-in and check-out times will be communicated before arrival.

Early check-in and late check-out are subject to availability and may incur additional charges.

Guests remaining in a property beyond the authorised check-out time may be charged for additional cleaning, staff waiting time, relocation of incoming guests and other reasonable costs caused by the unauthorised overstay.

## 7. Guest Duty to Report Problems

Guests must notify GibStay **as soon as reasonably possible** after becoming aware of any problem affecting the accommodation.

This includes, without limitation:

- water leaks;

- damp or moisture;

- loss of electricity or water;

- heating or air-conditioning problems;

- plumbing problems;

- appliance failures;

- cleanliness concerns;

- pest concerns;

- damaged furniture or equipment;

- access problems; or

- any condition that may worsen if left unattended.

Guests should provide photographs or videos where reasonably requested so that the issue can be assessed promptly.

Prompt notification is important because many issues can be resolved quickly if we are given an opportunity to investigate.

## 8. Our Right to Inspect and Remedy Problems

Where a problem is reported, the guest must provide GibStay and, where necessary, authorised contractors with reasonable access to inspect and rectify the issue.

We may respond by taking one or more reasonable measures, including:

- arranging cleaning;

- providing replacement items;

- arranging maintenance or repairs;

- supplying heaters, fans, dehumidifiers or other temporary equipment;

- arranging specialist contractors;

- providing additional services;

- offering alternative accommodation; or

- taking another reasonable step appropriate to the circumstances.

Guests must give us a reasonable opportunity to investigate and remedy a reported problem before arranging alternative accommodation or incurring significant costs themselves, except where an immediate emergency makes this unreasonable.

A guest who refuses reasonable access, refuses a reasonable repair, or rejects suitable alternative accommodation may affect the remedies reasonably available in relation to that issue, subject to the guest's statutory rights.

## 9. Alternative Accommodation and Relocation

In unusual circumstances a booked property may become unavailable or unsuitable for continued occupation.

Examples may include:

- serious water ingress;

- building failures;

- fire or flood;

- utility failure;

- significant maintenance problems;

- safety concerns;

- emergency works;

- circumstances caused by neighbouring properties or common areas; or

- other circumstances outside our reasonable control.

Where reasonably possible, GibStay may offer alternative accommodation.

Alternative accommodation does not have to be identical to the original property, but we will make reasonable efforts to provide accommodation suitable for the number of guests and the circumstances of the booking.

Differences in location, view, floor level, layout, decoration, building facilities or other non-essential features will not by themselves make alternative accommodation unsuitable.

Where there is a material difference in value, we may make an appropriate price adjustment where required.

## 10. Self-Booked Alternative Accommodation

Guests should not book alternative accommodation at GibStay's expense without first giving us a reasonable opportunity to resolve the problem or provide a replacement property.

Except in a genuine emergency or where the guest has a legal right to do otherwise, accommodation or other substantial costs arranged independently by a guest will only be reimbursable where GibStay has agreed to those costs in writing in advance.

This clause is intended to give us a fair opportunity to remedy a problem and does not remove any remedy that the guest is legally entitled to exercise.

## 11. Weather, Storms and Events Outside Our Control

Gibraltar can experience severe weather, unusually heavy rainfall, high winds and other conditions that may affect buildings and infrastructure.

GibStay will not be responsible for a failure or delay caused by circumstances outside our reasonable control, including:

- exceptional rainfall or storms;

- flooding;

- water ingress arising suddenly from severe weather;

- interruption of electricity, water, internet or telecommunications supplied by third parties;

- building-wide faults;

- lift failures outside our direct control;

- emergency works;

- road closures;

- government action;

- civil emergencies;

- fire;

- neighbouring property incidents; or

- similar events that could not reasonably have been prevented by GibStay.

Where such an event materially affects a property, we will nevertheless take reasonable steps to assist the guest, investigate the problem and, where reasonably possible, arrange repairs or suitable alternative accommodation.

Nothing in this section removes any statutory remedy that cannot lawfully be excluded.

## 12. Maintenance and Unexpected Faults

Properties are inspected and maintained, but short-term accommodation consists of real homes and apartments containing plumbing, electrical systems, appliances, air-conditioning and other equipment that can occasionally fail without warning.

The occurrence of a fault does not by itself establish negligence or entitle the guest automatically to a full refund.

Any appropriate remedy will take into account:

- the seriousness of the issue;

- how long it affected the guest;

- whether it affected use of the whole property or only part of it;

- how quickly it was reported;

- the steps taken by GibStay;

- whether reasonable access was provided;

- whether alternative accommodation was offered; and

- whether the guest continued occupying and using the property.

## 13. Cleaning Concerns

Any cleanliness issue present at check-in should be reported as soon as reasonably possible and preferably on the day of arrival.

Where appropriate, we may arrange a cleaner to return to the property.

A cleanliness complaint does not automatically entitle the guest to a full refund where the issue can reasonably be corrected and GibStay is given an opportunity to do so.

## 14. Damp, Condensation and Moisture

Guests must use reasonable measures to ventilate accommodation and use heating, cooling or extraction equipment appropriately.

Condensation can occur naturally, particularly where there are significant differences between indoor and outdoor temperature or humidity.

Any persistent damp, water ingress or suspected leak must be reported immediately.

Guests must not knowingly allow a leak or moisture problem to continue without reporting it where this could cause additional damage.

## 15. Photographs, Descriptions and Views

We make reasonable efforts to ensure listing photographs and descriptions accurately represent the property.

Minor changes may occur over time, including furniture, decoration, bedding, equipment and accessories.

Views may also be affected by seasonal vegetation, construction, temporary structures, parked vehicles or neighbouring activity outside our control.

Such minor differences do not constitute a material failure to provide the booked accommodation.

## 16. Construction and Neighbouring Noise

GibStay cannot control third-party construction, road works, neighbouring residents, local events or other external noise.

Where we have advance knowledge of significant works that we reasonably believe will materially affect a stay, we will endeavour to provide appropriate information.

Normal urban noise or unexpected works outside our control do not automatically give rise to a refund.

## 17. Internet, Television and Third-Party Services

Internet, television, streaming services, lifts, communal swimming pools, gyms and other facilities may depend on third-party providers or building management.

Temporary interruption of such services does not automatically entitle the guest to a full refund.

Where possible, GibStay will assist in reporting and resolving such issues.

## 18. Swimming Pools, Gyms and Communal Facilities

Communal facilities are subject to building rules, maintenance requirements, seasonal opening, safety closures and decisions made by building management.

Unless expressly guaranteed otherwise in writing, temporary closure of a communal facility outside GibStay's reasonable control does not constitute cancellation of the accommodation booking.

## 19. Guest Conduct

Guests must:

- treat the property and neighbours respectfully;

- comply with building rules;

- avoid excessive noise;

- not hold parties or events without written approval;

- not exceed the authorised occupancy;

- not smoke inside a non-smoking property;

- not tamper with safety equipment;

- not intentionally or negligently damage the property; and

- comply with applicable Gibraltar law.

We may require guests to leave where serious or repeated breaches occur.

Where a reservation is terminated because of serious guest misconduct, refunds are not automatically payable.

## 20. Damage and Additional Cleaning

Guests are responsible for damage caused deliberately or negligently by themselves, members of their party or visitors.

Reasonable charges may be made for:

- damaged or missing items;

- specialist cleaning;

- excessive rubbish;

- smoking remediation;

- lost keys;

- lock replacement;

- unauthorised pets;

- stained or damaged linen;

- damaged furniture or appliances; and

- other loss caused by the guest.

We may provide photographs, invoices or other reasonable evidence where a damage claim is made.

## 21. Personal Belongings

Guests are responsible for their personal belongings.

GibStay is not responsible for loss, theft or damage to personal property except where liability arises under applicable law and cannot lawfully be excluded.

Guests should not leave valuable items unsecured.

Any lost property found after departure may be stored for a reasonable period. Postage, courier and handling charges for returning property are payable by the guest.

## 22. Accessibility and Medical Requirements

Guests with mobility, accessibility, medical or other specific requirements should contact us before booking where those requirements are important to their stay.

Guests are responsible for determining whether the property description and facilities meet their individual requirements.

We will provide reasonable information available to us but cannot guarantee suitability for an individual guest unless a particular requirement has been expressly agreed in writing.

## 23. Guest Assistance Does Not Constitute Admission of Liability

Where GibStay provides assistance following a complaint or unexpected event, including:

- cleaning;

- heaters;

- dehumidifiers;

- maintenance;

- transport assistance;

- luggage assistance;

- parking assistance;

- additional accommodation;

- relocation;

- refunds;

- credits; or

- other goodwill assistance,

such assistance does not by itself constitute an admission that GibStay was negligent, legally responsible or in breach of contract.

We may provide assistance as a goodwill measure or as part of our effort to minimise disruption to the guest.

## 24. Refunds and Compensation

Any refund or compensation will depend on the individual circumstances.

A guest is not automatically entitled to a full refund merely because an issue occurred during the stay.

Where an issue affects only part of a stay or part of the property's use, any appropriate refund or price reduction may reflect the actual period and extent of the disruption.

When assessing a request we may consider:

- the nature of the problem;

- the duration;

- the portion of the accommodation affected;

- when it was reported;

- whether GibStay was given an opportunity to correct it;

- whether repair or cleaning was accepted or refused;

- whether suitable relocation was offered;

- whether the guest remained in occupation;

- any refund already provided by a booking platform; and

- any other relevant circumstances.

No guest may recover the same loss twice from GibStay, the property owner, an insurer, a booking platform or another party.

## 25. Claims and Supporting Evidence

Guests should raise complaints promptly during the stay whenever reasonably possible.

Any request for reimbursement should include reasonable supporting evidence, including receipts or invoices where expenses are claimed.

We may request photographs, video, correspondence or other information reasonably necessary to investigate a claim.

Failure to report an issue while we still had a reasonable opportunity to investigate or remedy it may be taken into account when assessing a later claim, subject to applicable law.

## 26. Limitation of Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot lawfully be excluded for death or personal injury, fraud or fraudulent misrepresentation.

Subject to those rights, GibStay will not be responsible for losses that:

- were not reasonably foreseeable when the booking was made;

- arise from the guest's own act or omission;

- arise from a failure to notify us of a problem within a reasonable time;

- result from the guest refusing reasonable remedial action;

- relate to business losses, loss of profit or loss of commercial opportunity arising from a leisure accommodation booking; or

- are caused solely by circumstances outside our reasonable control.

Where liability can lawfully be limited, any assessment of compensation will be proportionate to the actual loss and the extent to which the accommodation service was affected.

## 27. Indirect and Consequential Costs

Subject to rights that cannot lawfully be excluded, GibStay will not normally be responsible for indirect or consequential expenses resulting from an accommodation issue, including loss of earnings, business losses, missed activities or independently arranged premium accommodation.

Guests have a responsibility to take reasonable steps to minimise avoidable losses.

## 28. Chargebacks and Payment Disputes

Guests should contact GibStay or the relevant booking platform before initiating a chargeback so that any genuine dispute can be investigated.

Fraudulent, dishonest or knowingly inaccurate chargeback claims may be disputed using booking records, correspondence, access records, photographs and other available evidence.

Nothing in this section prevents a consumer from exercising a legitimate legal right to dispute a payment.

## 29. Safety and Emergencies

In an emergency involving immediate risk to life, health or property, guests should contact the appropriate emergency services first and notify GibStay as soon as reasonably practicable afterwards.

Guests must follow reasonable safety instructions provided at the property.

## 30. Right of Entry

GibStay, the property owner, building management or an authorised contractor may enter the property where reasonably necessary:

- in an emergency;

- to investigate an urgent fault;

- to prevent damage;

- to undertake essential repairs;

- where there is a reasonable concern for guest or property safety; or

- where otherwise permitted by law.

Except in an emergency, reasonable efforts will be made to notify the guest beforehand.

## 31. Privacy

Personal information is handled in accordance with our Privacy Policy and applicable data-protection law.

Guest information may be shared where reasonably necessary with property owners, booking platforms, cleaners, maintenance contractors, payment providers or public authorities for the administration of the reservation or compliance with legal obligations.

## 32. Intellectual Property

Unless otherwise stated, the content of gibstay.com, including text, branding, photography, graphics and design elements, belongs to GibStay, its licensors or the relevant property owner.

Content may not be commercially reproduced or redistributed without permission.

## 33. Changes to These Terms

We may update these Terms and Conditions from time to time.

The terms applicable to a reservation will normally be those in force when the reservation is made, unless a later change is required by law or expressly agreed with the guest.

## 34. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in force to the extent permitted by law.

## 35. Governing Law and Jurisdiction

These Terms and any dispute arising from a direct booking with GibStay are governed by the laws of Gibraltar.

Subject to any mandatory consumer rights concerning jurisdiction, disputes may be brought before the courts of Gibraltar.

Nothing in these Terms is intended to prevent a consumer from using a complaint procedure, regulator, alternative dispute-resolution mechanism or legal remedy available under applicable law.

## 36. Contact

For questions regarding a reservation or these Terms and Conditions, please contact GibStay using the contact details provided on **gibstay.com**.

**GibStay**

Operated by Advantage Property Management

Gibraltar