General Terms and Conditions | Refugio Palm Sheja

General Terms and Conditions of Accommodation

These Terms and Conditions govern the booking of accommodation owned by Legacy Roots F.S., S.L. through the website www.refugiopalmsheja.com (hereinafter referred to as the “Provider” or “Legacy”), whose contact details are also set out in the Legal Notice of this website.

These Terms shall remain published on the website and available to the user (the “Guest”) so that they may be reproduced and retained as confirmation of the contract once the Accommodation booking has been confirmed in writing by Legacy. The Provider reserves the right to amend these Terms at any time. It is the Guest’s responsibility to review them periodically, as the version in force at the time the booking is made shall apply.

The contractual relationship between the Provider and the Guest shall not be subject to any specific formalities except where expressly required by the Spanish Civil Code, the Commercial Code or any other applicable special legislation.

Acceptance of these Terms implies that the Guest:

Has read, understood and accepted the contents of these Terms.
Has the legal capacity to enter into this agreement.
Accepts and undertakes to comply with all obligations set out herein.

These Terms shall remain valid indefinitely and shall apply to all bookings, including, without limitation, those made through the Provider’s website.

The Provider declares that it complies with the legislation currently in force in Spain governing the services it offers and reserves the right to amend these Terms unilaterally, provided that such amendments do not affect services or promotions booked prior to the modification.

Identity of the Contracting Parties

On the one hand, the provider of the accommodation booking service contracted by the Guest is Legacy Roots, F.S., S.L., whose registered address for these purposes is:

Refugio Ecológico Palm Sheja
Cala del Plomo
Agua Amarga – Cabo de Gata
04150 Almería (Spain)

Spanish Tax Identification Number (NIF): B67151209

Customer Service Telephone: +34 618 782 943

On the other hand, the Guest, who has accessed the website to make a booking, has made a booking through any other authorised channel, has registered on the website using a username and password, or has completed the booking form, shall be solely responsible for the use and safekeeping of such access credentials and for the accuracy and truthfulness of all personal data provided to the Provider.

Purpose of these Terms

The purpose of these Terms is to regulate the contractual relationship between the Provider and the Guest when the latter accepts, during the online booking process, the temporary rental of the villa located at Cala del Plomo, Agua Amarga – Cabo de Gata – 04150 Almería (Spain) (the “Villa” or the “Accommodation”), subject to the exceptions set out below.

The Accommodation booking agreement includes the rental of the bedrooms agreed between the Provider and the Guest according to the number of guests included in each reservation and its specific characteristics. Under all circumstances, however, the use of the kitchen areas and the two staff bedrooms is expressly excluded. These areas do not form part of the rental and may not be accessed or used by Guests.

The Accommodation is rented for a limited period in exchange for the price published on the website.

In accordance with the applicable legislation, no additional hospitality services are provided. However, Legacy may assist Guests with reservations for activities and services offered by local businesses.

Where bookings are made through third-party platforms (such as Airbnb or Booking.com), the payment terms, cancellation policies and data processing conditions established by those platforms shall take precedence with regard to the booking process. Legacy shall process any personal data received from such platforms solely for the purpose of managing the Guest’s stay and complying with its legal obligations. In all cases, the Guest obligations and house rules contained in these Terms shall also apply.

Booking Procedure

Guests may make their reservation automatically through the online booking engine available on the website.

The booking process consists of the following steps:

Selection of the desired dates and accommodation type.
Display of the final booking price.
Entry of personal and payment details.
Acceptance of these Terms and Conditions.
Confirmation of the booking and receipt by email of proof of payment.

Alternatively, reservations may be requested through the contact form or by email to the address provided for this purpose, subject to subsequent confirmation or rejection by the Provider.

The personal data provided by the Guest shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation – GDPR) and Spanish Organic Law 3/2018 of 5 December on Personal Data Protection and the Guarantee of Digital Rights (LOPDGDD), as detailed in this website’s Legal Notice and Privacy Policy.

The Provider undertakes to process such data with due care and diligence, not to disclose any sensitive data to third parties, and to inform the Guest without undue delay in the event of any loss, theft or unauthorised access to such data so that appropriate measures may be taken immediately.

Once a user account has been created, the Guest is informed that, in accordance with Article 27 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), where a booking is made through this website, the booking process shall be governed by the provisions of that legislation and by the procedure set out below.

1. GENERAL TERMS OF CONTRACT

Unless otherwise expressly agreed in writing, placing a booking with the Provider shall constitute the Guest’s full acceptance of these Terms and Conditions. No provision or condition proposed by the Guest shall prevail over these Terms unless it has been expressly accepted in advance and in writing by Legacy.

2. BOOKING CONFIRMATION AND PAYMENT: BOOKING POLICY

Legacy shall inform the Guest in advance of the procedure to be followed in order to book the Accommodation and whether the selected dates are available. Subject to availability, the booking payment schedule shall be as follows:

50% of the total booking amount if the reservation is made 90 calendar days before the arrival date.
75% of the total booking amount if the reservation is made 30 calendar days before the arrival date.
100% of the total booking amount if the reservation is made 7 calendar days or less before the arrival date.

The Provider shall not confirm or reserve the Accommodation until payment has been received and verified in accordance with the terms set out above. Once payment has been successfully received, the Provider shall confirm the reservation by email, subject at all times to the Accommodation remaining available.

Guest Registration

In accordance with Royal Decree 933/2021 of 26 October, all guests aged 14 years or over are required to provide valid identification details for the mandatory traveller registration system applicable to accommodation providers in Spain. Failure or refusal to provide the required information shall entitle Legacy to refuse access to the Accommodation without any obligation to refund amounts previously paid.

Failure to Perform the Distance Contract

Should the booking and the contractual relationship be unable to be completed because the Accommodation is unavailable within the maximum period of 30 days, the Guest shall be informed accordingly and shall be entitled to cancel the booking and receive a full refund of all amounts paid, at no cost and without Legacy incurring any liability for damages or compensation.

Legacy shall not be liable where the Accommodation booking service cannot be completed due to false, inaccurate or incomplete information provided by the Guest or for any other reason attributable to the Guest.

Likewise, Legacy shall not be held liable for the cancellation of Accommodation bookings resulting from technical issues or events of force majeure, and no claim for damages or compensation may be brought against Legacy on such grounds.

3. CANCELLATIONS (Right of Withdrawal): REFUND POLICY

The Guest shall have the same rights and time limits to cancel a booking and/or to claim any defects or irregularities affecting the reservation, whether the booking was made online or offline.

All cancellation requests must be submitted to Legacy by email at administracion@refugiopalmsheja.com, requesting a cancellation reference number and stating the relevant booking or invoice number.

Cancellation and Refund Policy

100% refund of the amount paid: where the Guest cancels the booking 30 calendar days or more prior to the arrival date.
50% refund of the amount paid: where the Guest cancels the booking 15 calendar days or more prior to the arrival date.
25% refund of the amount paid: where the Guest cancels the booking at least 72 hours prior to the arrival date.
No refund: where the Guest cancels the booking within 24 hours prior to the arrival date or on the day of arrival.

Pursuant to Article 103(l) of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users, the statutory right of withdrawal shall not apply to accommodation services provided for purposes other than residential use where the contract specifies a particular date or period of performance. Accordingly, cancellations shall be governed exclusively by the refund policy set out in this section of these Terms and Conditions.

4. COMPLAINTS

Any complaint the Guest considers appropriate shall be dealt with as promptly as possible and may be submitted using the following contact details:

Telephone: +34 618 782 943
Email: administracion@refugiopalmsheja.com

If, during the rental period, any fault or malfunction occurs in the Accommodation’s installations or electrical appliances, the Guest must notify the Provider immediately so that the issue can be resolved as quickly as possible.

The Guest acknowledges, understands and accepts that the Accommodation is a fully self-sufficient eco-accommodation, meaning that its electricity and water supplies are generated independently on the property. As a result, occasional interruptions or outages to these utilities, whether temporary or prolonged, may occur.

Accordingly, the Guest expressly accepts that such interruptions are inherent to the nature of the Accommodation and the services provided and shall not give rise to any liability on the part of Legacy, nor entitle the Guest to terminate the accommodation agreement early or to claim any refund or compensation.

5. FORCE MAJEURE

Neither party shall be liable for any failure or delay in the performance of its obligations where such failure or delay results from an event of force majeure (including, without limitation, water damage, fire or other unforeseen circumstances) affecting the provision of the Accommodation rental service.

Performance of the affected obligations shall be suspended for the duration of the force majeure event. Each party shall use reasonable efforts to mitigate the effects of any force majeure event.

Should the force majeure event continue for more than five (5) consecutive days, either party shall be entitled to terminate the contract without either party having any right to claim compensation from the other.

6. ASSIGNMENT

The Guest may not assign, transfer or otherwise convey any of the rights, obligations or responsibilities arising under this agreement.

Should any provision of these Terms be held to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain unaffected.

The Guest declares that they have read, understood and accepted these Terms and Conditions in their entirety.

7. GENERAL PROVISIONS

The details of each booking, including the accommodation and any board basis, are described in the relevant booking information available on the website.

All bookings shall be governed by these Terms and Conditions.

No amendment, modification or agreement contrary to these Terms shall be valid unless expressly agreed in writing and signed by Legacy. In such cases, the specific written agreement shall prevail.

Check-in and Check-out

Check-in: Key collection takes place between 12:00 pm and 3:00 pm at the Accommodation reception.

The Accommodation will not be available before 12:00 pm.
If Guests arrive earlier, they may contact the Provider to arrange luggage storage on the property. The Provider accepts no responsibility for the loss, theft or damage of luggage or personal belongings belonging to the Guest or any member of the party.
Arrivals between 3:00 pm and 10:00 pm will incur an additional charge of €50.00.
Arrivals after 10:00 pm are not accepted. In such cases, check-in will be postponed until 12:00 pm on the following day. Upon arrival, and in accordance with the applicable legislation, the Guest must present the booking confirmation, all guests will be identified, and the lead Guest will be required to sign the House Rules and Terms of Stay, which may also be accepted electronically in advance.
The Guest must inspect the Accommodation on the day of arrival. Any defect, damage or irregularity must be reported to the Provider immediately. No claims will be accepted after the stay has ended.
Management reserves the right to bring forward or delay the check-in time where necessary due to occupancy levels or unforeseen circumstances.
Should the Guest wish to depart outside the standard reception hours, they must notify the Provider at least one day in advance so that arrangements can be assessed. Where possible, this service will incur an additional charge of €50.00.

Check-out: Check-out must take place between 10:00 am and 11:00 am.

A representative of Legacy will attend the Accommodation at the agreed departure time to inspect the property, collect the keys and, where applicable and subject to these Terms and Conditions, return the security deposit.

At the agreed check-out time, Guests must have vacated the Accommodation, packed their belongings and left the property clean and tidy.

Additional Services (External Cleaning Company)

Guests wishing to book an additional cleaning service must request it at the time of making the reservation.

Cleaning Fees

1 bedroom: €50.00
2 bedrooms: €60.00
3 bedrooms: €70.00
4 bedrooms: €80.00
Entire Accommodation: €110.00

7.1 PRIVATE HOUSE RULES AND CABO DE GATA NATURAL PARK REGULATIONS

Eco-Friendly Accommodation: It is essential to understand the unique characteristics of the Accommodation. The estate is 100% sustainable, generating its own electricity and water supplies. As a result, occasional interruptions or shortages in water and/or electricity may occur, whether temporary or prolonged.
Use of Utilities: Water and electricity, including the use of all electrical appliances, must be used responsibly. Guests are expected to avoid wasting water or energy.
Guests: This is an adults-only property. Management reserves the right to refuse admission to minors. Children are not permitted under any circumstances.
Parties and Events: Parties and events of any kind are strictly prohibited unless expressly authorised in writing by the Provider.
Pets: Pets are not permitted anywhere on the property.
Smoking: Smoking is strictly prohibited inside the Accommodation. A designated smoking area with ashtrays is available on the terrace. Smokers must ensure that cigarette butts are fully extinguished and disposed of in the ashtrays provided. As the Accommodation is surrounded by natural vegetation, Guests have a duty to exercise the utmost care to prevent any risk of fire.
Additional Visitors: Only guests included in the booking and registered during check-in are permitted to enter the property. Visits from friends, relatives or any other third parties are not permitted.
Check-out Time: Check-out must take place between 10:00 am and 11:00 am. Departures outside these hours will incur an additional charge of €50 per guest, subject to prior agreement with the Provider at the time of booking.
Noise: Guests must keep noise to a minimum to avoid disturbing neighbouring properties, particularly during the quiet hours between 12:00 midnight and 8:00 am, and when arriving at or leaving the Accommodation. Excessive noise is prohibited at all times and may result in immediate termination of the stay, eviction without refund and the forfeiture of part or all of the security deposit.
Flora and Fauna: All facilities, trees, plants, wildlife and insects throughout the property must be treated with respect and must not be disturbed or damaged.
Waste Disposal: All rubbish must be placed in securely closed bags and disposed of using the designated waste containers.
Toilets: Paper, sanitary products, wet wipes and any other objects must not be flushed down the toilets. These items must be disposed of in the appropriate waste bins.
Parking: One vehicle may be parked within the property. Parking outside the premises is not permitted.
Illegal Activities: All illegal activities, including the possession or use of illegal substances, are strictly prohibited.
Lost Keys: The lead Guest is responsible for the safekeeping of the keys throughout the stay. Keys must not be duplicated or left unattended. A charge of €65.00 will apply for each lost, stolen or misplaced key.
Fire Prevention: The use of candles inside the Accommodation is prohibited. Where applicable, Guests must ensure that the fireplace is fully extinguished when not in use. The use of the fireplace is strictly prohibited between March and October. Barbecues, open fires and bonfires are strictly prohibited both within the property and anywhere within the Cabo de Gata Natural Park.
Use of Indoor Areas: Guests shall use only the bedrooms allocated to their booking. Access to any other rooms within the Accommodation is strictly prohibited. Furniture must not be removed from the Accommodation or moved between rooms or indoor areas.
Use of Outdoor Areas: Inflatable mattresses and the insertion of objects into the ground, including parasols or similar items, are strictly prohibited. Access to the water reservoir (“balsa”) and water wheel (“noria”) is permitted only between 8:00 am and 10:00 pm. Entering the fenced safety area surrounding the reservoir, water wheel or well outside these hours is strictly prohibited.
Use of Towels: Towels, bed linen and any other textiles supplied by the Provider must not be removed from the Accommodation or used at the beach.
Safety and Security: The Guest and all members of the party must avoid any behaviour that may endanger persons or property. For security reasons, windows and doors must always be locked whenever leaving the bedrooms or the Accommodation.
Valuables: Management accepts no responsibility for valuables left anywhere within the Accommodation. Management reserves the right to enter and inspect bedrooms and other areas of the property whenever reasonably necessary for security reasons or to carry out repairs.
Staff: One or more members of the Provider’s staff may be present on the property during the Guest’s stay.
Furniture, Fixtures and Equipment: Guests shall use all furniture, furnishings, appliances and equipment with due care, as if they were their own. The Guest shall be liable for any damage, breakage, theft or similar incident caused during the stay. The Provider may deduct the cost of such damage from the security deposit and, where the deposit is insufficient, reserves the right to claim the remaining amount from the Guest.
Legacy’s Liability: The Provider shall not be liable for any direct or indirect loss or damage arising from the improper use of the Accommodation, including, without limitation, property damage, losses resulting from fire, theft, criminal acts, accidents or any other form of damage.

7.2. CABO DE GATA NATURAL PARK REGULATIONS (Regional Government of Andalusia Regulations)

It is essential that Guests familiarise themselves with the regulations governing prohibited activities within the Cabo de Gata-Níjar Natural Park before their stay, in order to ensure full compliance with the rules and legislation applicable to this protected natural area.
Prohibited Activities
- Fishing: Recreational fishing, commercial fishing and shellfish harvesting are strictly prohibited within the Marine Nature Reserves.
- Navigation: Within clearly marked bathing areas, recreational boating and the use of any type of vessel or floating device are prohibited.
- Camping: Campsites, camping areas and motorhome service or overnight parking areas are not permitted within the Natural Park.
- Motor Vehicles on Beaches: Driving or parking motor vehicles on beaches is prohibited, except for authorised emergency, surveillance or park management vehicles.
- Personal Hygiene: Washing clothes or bathing in the sea using soap, shampoo, shower gel or any other cleaning products is prohibited.
- Littering: The disposal of any waste, including paper, food waste, packaging, cigarette butts or any other rubbish, on the beach or in the sea is strictly prohibited.
- Glass Containers: Glass bottles and containers are not permitted on the beaches.
- Activities within Marine Nature Reserves: All activities are prohibited within designated Marine Nature Reserve areas.
- Jet Skis: The operation of jet skis is prohibited within the 200-metre coastal zone adjacent to the beaches.
- Anchoring: Anchoring of vessels within the Marine Nature Reserve is prohibited except in cases of genuine emergency.
- Collection of Flora: The collection of wild plants, including thyme and lavender, is prohibited.
- Geological Formations: Climbing on the fossil dune formations at Los Escullos is prohibited.
- Noise Pollution: Playing loud music or creating excessive noise is prohibited.

Seasonal Restrictions

Beach Access: During the summer season, access to certain beaches and the carrying out of recreational activities may be temporarily restricted.

We kindly remind all Guests that compliance with both these House Rules and the regulations governing the Cabo de Gata-Níjar Natural Park forms an essential part of the collective effort to preserve, protect and conserve this unique natural environment for future generations.

8. PRICES AND VALIDITY OF THE OFFER

The prices listed below include:

Use and rental of the Accommodation. The following areas are excluded: the staff kitchen areas, bedrooms reserved exclusively for staff, any rooms not included in the specific booking, and access to the water reservoir (“balsa”) and water wheel (“noria”) after 10:00 pm, for the safety of all guests.
One set of bath towels and one set of bed linen per guest, together with one outdoor towel per guest.
Assistance with booking activities and services provided by third-party businesses and local operators.

Price List

1 Night – 6 Guests: €1,200.00 (Minimum Booking)
1 Night – 8 Guests: €1,600.00
1 Night – 10 Guests: €2,000.00

The rental price of the Accommodation varies according to the number of guests staying at the property.

The maximum occupancy established for each bedroom and for the Accommodation as a whole must not be exceeded under any circumstances. The Guest is solely and exclusively responsible for accurately declaring the total number of persons who will stay at the Accommodation. Failure to declare any guest is strictly prohibited. No additional adults or children of any age may be accommodated beyond those included in the reservation.

Where the Accommodation is booked for a fixed period, the full booking amount shall be payable. Should the Guest arrive after the scheduled arrival date or depart before the scheduled departure date, no refund or reduction in the rental price shall be granted for any unused nights.

The minimum stay at the Accommodation is two (2) nights.

Unless expressly stated otherwise, the prices applicable to each booking do not include travel insurance or any other form of insurance.

The prices applicable to the Accommodation are those published on the website and are expressed in euros (€).

The Guest acknowledges that the price of certain services may vary in real time. Prices may therefore change on a daily basis until the booking has been confirmed.

All payments shall result in the issuance of an invoice, in accordance with Article 63.3 of Royal Legislative Decree 1/2007, made out either to the Guest or to the company name provided at the time of booking. The invoice shall be issued once the stay has concluded and full payment for the contracted services has been received. Guests wishing to receive their invoice by email must request it through any of the communication channels made available by Legacy.

For any enquiries regarding a booking, Guests may contact Customer Services by telephone on +34 618 782 943 or by email at reservas@refugiopalmsheja.com.

Security Deposit

Prior to the arrival date, the Guest shall pay the Provider the security deposit applicable to the relevant booking. Subject to these Terms and Conditions, the security deposit shall be refunded at the end of the stay once the Provider has verified that no circumstances have arisen giving rise to its retention and that all liabilities covered by the deposit have been fully settled.

The Guest may not offset or use the security deposit to satisfy any sums owed to the Provider in connection with the stay.

The security deposit shall be independent of any other guarantees or remedies available to the Provider, and the Guest’s liability shall in no event be limited to the amount of the security deposit.

The security deposit may be managed using either of the methods established by the Provider at the time of booking.

The security deposit may also be used to cover the cost of any damage, loss, theft or other incidents occurring during the Guest’s stay.

9. TRANSPORT COSTS

No transport costs apply.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The Provider is responsible for processing all financial transactions and accepts the following payment methods:

Bank transfer; or
Credit card.

The payment details (such as bank account information, SWIFT code, etc.) will be provided once the booking has been confirmed.

Security Measures

This website employs information security measures generally accepted within the industry, including SSL encryption, secure web pages, firewalls, access control procedures and cryptographic mechanisms, all of which are intended to prevent unauthorised access to personal data.

For these purposes, the Guest agrees that the Provider may obtain the information necessary to authenticate access controls and process payment securely.

The Provider undertakes not to process or permit any transaction that is, or may be considered, unlawful by the relevant credit card schemes or the acquiring bank, or which could damage or adversely affect their reputation. The following activities are prohibited under the rules of the card schemes: the sale or offering of any product or service that does not comply with the laws applicable to the issuing bank, the merchant or the cardholder.

11. BOOKING PROCESS

The website provides an online booking form, together with telephone and email contact channels through which Guests may request information regarding availability, dates and reservations, and complete their booking.

Instant Booking: Where available, bookings may be completed online at the minimum price published on the website.

Price Unavailable: If the price of a particular service is not available, the Guest will be informed as soon as reasonably possible by email or telephone.

The Guest must select the arrival and departure dates together with the number of guests staying at the Accommodation. Once the booking form has been completed and submitted, the Reservations and Customer Service Department will review availability. The Guest will receive confirmation or rejection of the booking, together with any relevant information, by email within approximately 48 business hours.

The Provider reserves the right to refuse admission.

12. SEVERABILITY, SUSPENSION AND TERMINATION

Should any provision of these Terms and Conditions be held to be unlawful, invalid or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

The Provider may, without prior notice, suspend or terminate the Guest’s access to its services, in whole or in part, for any legitimate reason, including, without limitation, where the Guest fails to comply with any obligation contained in these Terms and Conditions or with any applicable law, licence, regulation, directive, code of practice or policy.

The exercise by the Provider of any right or remedy under this Clause shall not prejudice or limit the exercise of any other rights, remedies or legal actions available to the Provider.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.

The Parties expressly waive any right to submit disputes to any other jurisdiction and irrevocably agree that the courts and tribunals of Almería (Spain) shall have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with these Terms and Conditions or the contractual relationship between the Parties, including any matter relating to their interpretation, existence, validity, performance, termination, nullity or enforceability.

14. ACCEPTANCE

By making a reservation for the Accommodation, the Guest acknowledges that they have read, understood and accepted these Terms and Conditions, including the Accommodation booking and cancellation policies, as well as the applicable tourism regulations of the Province of Almería.

The Provider reserves the right of admission and may require any Guest to leave the Accommodation where they breach these House Rules, fail to comply with these Terms and Conditions, or engage in conduct that is incompatible with the standards of behaviour and coexistence established herein.