These Terms and Conditions (hereinafter referred to as “T&C”) are issued by WAVESTAY, S.L.U. and apply to all online bookings of accommodation services provided by the Operator.
Términos y abreviaturas:
Online booking – any booking made electronically via the website www.wavestay.es or partner portals.
Operator – WAVESTAY, S.L.U., VAT ID (NIF): B21929492, with its registered office at Calle Cisneros 5, planta 2, puerta izq., 29005 Málaga, Spain.
Email: info@wavestay.es
24/7 Emergency Phone: +34 614 50 51 47
T&C – These Terms and Conditions.
Instalaciones – accommodation facilities (apartments) operated by the company.
Customer / Guest – any natural or legal person interested in accommodation in the Facilities.
1.1 Nature of Accommodation: The Operator manages privately owned tourist apartments (Viviendas con Fines Turísticos) in accordance with Andalusian and Spanish law. We are a short-term rental agency, not a traditional hotel or a tourist apartment complex (Apartamentos Turísticos). Therefore, we do not have a physical reception desk on-site, daily cleaning services, or official hotel star ratings.
1.2 These T&C apply to all online bookings, payment and cancellation terms, as well as all rights and obligations arising from the booking. By making a reservation, the Customer expresses unconditional acceptance of these T&C.
2.1 The Customer can book a stay electronically according to available dates and apartment types.
2.2 Mandatory Legal Guest Registration: In accordance with Spanish Real Decreto 933/2021, ALL guests, including minors and infants, must be registered in the Ministry of the Interior’s police platform (SES.Hospedajes) prior to or upon arrival. Guests over 14 years of age must present a valid identity document or passport. For minors under 14, their personal details must be provided and linked to an adult guardian. Failure to provide this mandatory information will result in the immediate cancellation of the reservation without a refund.
3.1 Payment for the stay must be paid in advance during the online booking process via a secure credit/debit card payment gateway. By confirming the booking, the Customer authorizes the Operator to debit the total price.
3.2 Prices and VAT Exemption: The total price of the stay is final. The accommodation price is exempt from VAT (0% VAT) in accordance with Article 20. Uno.23º of the Spanish VAT Law (Ley 37/1992), as hotel-like services (such as daily cleaning or catering) are not provided during the stay. The price includes standard utility consumption and a single final cleaning after departure.
3.3 Invoicing: The Operator will issue a formal invoice for the stay only after the Customer provides complete billing details (Name, Address, and Passport/ID/VAT number). The Customer is obliged to provide these details if they require a formal invoice.
3.4 Security Deposit: A temporary hold of €200 will be placed on the payment card used for the reservation (or paid via a separate payment link) as a damage deposit. This deposit is refundable, but the Operator reserves the right to retain part or all of the amount to cover repair or replacement costs in situations such as: property damage, lost keys, extreme messiness, smoke odor deodorization, or breakage of items during the stay. If everything is in order, the deposit will be fully refunded within a maximum of 3 days after check-out.
4.1 Check-in: Standard check-in is available on the day of arrival from 15:00 (3:00 PM). The Operator offers contactless “Self Check-in” via smart locks.
4.2 Check-out: Check-out on the last day of the stay is strictly until 10:00 a.m..
4.3 Capacity and Unregistered Guests: The property shall be occupied exclusively by the number of persons registered in the booking. Accommodation of additional undeclared persons is strictly prohibited. Failure to comply with this rule entitles the Operator to terminate the contract immediately without a refund.
4.4 Rules of Coexistence and Noise: Guests agree to respect the rules of the neighborhood community, especially regarding night-time rest. Holding parties, events, or making excessive noise between 22:00 and 08:00 is strictly prohibited. Violation of this rule may result in immediate eviction with no right to a refund for the remaining nights.
4.5 Smoking Prohibition: Smoking is strictly prohibited inside the entire property, including the use of e-cigarettes or vaping devices. If smoke odor is detected, part or all of the security deposit will be retained to cover the costs of special cleaning and deodorization.
4.6 Pets are not allowed unless explicitly stated.
5.1 Any requests for changes to a reservation must be sent to info@wavestay.es, quoting the reservation number.
5.2 If the Customer withdraws from the contract and cancels the booking, the following cancellation fees apply (unless a specific non-refundable rate was chosen):
100% refund if canceled more than 30 days before the arrival date.
50% refund of the total price if canceled between 30 and 14 days before the arrival date.
No refund if canceled less than 14 days before the arrival date or in case of a no-show.
(Note: If the booking was made via a partner portal like Airbnb or Booking.com, the cancellation policy presented on that platform at the time of booking supersedes this clause).
5.3 Extraordinary Circumstances: In extraordinary cases (illness, death, natural disaster), the Operator may waive the cancellation fee upon presentation of credible proof. This will be handled individually.
5.4 Operator Cancellation: If the Operator cannot provide the booked services due to capacity or technical reasons, the Customer will be informed immediately and offered alternative dates or alternative accommodation without an additional fee, or a full refund.
5.5 Force Majeure: The Operator is not obliged to provide services in the event of circumstances excluding liability (force majeure). The Operator shall not be liable for damages caused to the Customer in such cases.
6.1 Complaint Forms: According to Decree 31/2024 of the Junta de Andalucía, official Complaint Forms (Hojas de Reclamaciones) are available to the user in the property.
6.2 24/7 Service: The Operator provides the guest with an emergency telephone number to attend to any severe issues related to the stay 24 hours a day.
7.1 The Operator processes the Customer’s freely provided personal data (name, surname, address, email, phone number, ID/Passport details) exclusively for processing the reservation, fulfilling legal police registration obligations (SES.Hospedajes), and managing the accommodation services.
7.2 The Customer is responsible for the accuracy of the provided personal data and must notify the Operator of any changes.
7.3 Personal data will be stored only for the time necessary to fulfill the purpose of processing or as mandated by Spanish law. Once the legal reason expires, the data will be deleted.
7.4 Protection of personal data is governed by the relevant EU legislation (GDPR). The Customer has the right to access, rectify, restrict processing, object to marketing, erase, and transfer their data by contacting info@wavestay.es.
8.1 In case of any doubts or questions, the Customer may contact the Operator at info@wavestay.es.
8.2 These Terms and Conditions are valid and effective from July 1, 2025.
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