Castelo do Mar
 & Vivenda do Mar


TERMS OF USE AND GENERAL CONDITIONS OF RESERVATION

1. Scope

The general terms and conditions in accordance with the Portuguese apply, which can be found in https://www.castelo-do-mar.com/Termos-e-condi-es/

All translations into other languages should be understood only as a translation aid!

1.1 These General Terms and Conditions govern and are an integral part of the contract for the provision of services for all bookings of holiday apartments in the properties Castelo Mar, Caminho do Galvão 49, 9350-406 Corujeira Tabua, Ribeira Brava and Espírito do Mar, Rua da Igreja 34, 9370-205 Estreito da Calheta and Vivenda do Mar, Rua da Lagoa 5,  9370-552 Paul do Mar with their websites www.castelo-do-mar.com, www.vivenda-do.mar.com and www.espirito-do-mar.com ("Website")

between

Castles and Gondolas LDA, Caminho do Galvão 49 , 9350-406 Ribeira Brava, Conservation of the Commercial Register lisbon with the unique registration number 516538454, hereinafter referred to as "LDA", with share capital of 5000,- EUR

and

the Customer who requests or confirms a reservation and pays the down payment ("Client"), which is the purpose of accommodation in accommodation establishment ("Accommodation") in local accommodation "AL" owned by the LDA, and also, if contradicted, related services be requested by the Client or be proposed to the client.

1.2 The LDA declares that its representative owns and legitimate owner of the building located in Rua Caminho do Galvão, no. 49, 9350-406, parish of Tábua municipality of Ribeira Brava, described in the Conservatoire of the Ribeira Brava Land Registry, under number 1584 and inscribed in the building matrix of the respective parish with Article 1331,  with the certificate of use before the year 1951 with the number 130605123211, issued on 05-Jun-2013 by the Municipality of Ribeira Brava and with authorization of the AL number 76321/AL issued by the Municipality of Ribeira Brava in 2018-07-09.

1.3 The LDA declares that its representative owns and legitimately owns the building located at Rua da Lagoa 5, 9370-552 Paul do Mar municipality of Calheta registered with the Conservatory of the Land Registry of Calheta by No. 1427/20180625, matrix article no. 597, with the license of use with the number 152/2000, issued on 24-10-2000 by the Municipality of Calheta

1.4 The LDA declares that its representative owns and legitimately owns the building located at Rua da Igreja 34, 9370-205 Estreito da Calheta municipality of Calheta registered with the Land Registry Registry of Calheta by No. 3245/20010504, matrix article no. 410, with the license to use with the number 58/18, issued on 06-07-2018 by the Municipality of Calheta.

1.5 The conclusion of the contract, which is always concluded after written confirmation of the reservation by LDA and full payment by the customer, is carried out in accordance with these General Terms and Conditions, of which the Knowledge and acceptance of the Customer and the knowledge and acceptance of the Website and its Privacy Policy.

1.6 The LDA and the client submit to the jurisdiction and jurisdiction of the courts where the accommodation is located. The laws of Portugal and specifically the current Law on The New Urban Lease Regime (NRAU) apply.

2. Reservations

The reservation is processed through a booking system. When registering a reservation, a link is automatically sent to the customer, which contains the booking period, the name (if known) and the customer's email address. If the customer does not respond to the link within 3 working days and enters the credit card details as well as their other personal data (address, etc.) or contact the LDA, the reservation will be cancelled (also saw point 4: Deposit, payment and billing).

2.1 When booking the customer must indicate, among other things, the desired apartment(s), number of persons and, if applicable, additional services and the applicable price, always subject to confirmation of availability by the LDA. The customer must provide their personal data and payment information, which must be complete, true and up-to-date.

The customer is always fully responsible for the acquisition and/or contract of means of transport that allow him to use the contracted services, without prejudice to the possibility that the client may autonomously subcontract this service to the LDA or will have a vehicle available at the property.

2.2 Likewise, the customer assumes full responsibility for the possession and/or acquisition of the necessary documents (such as identity documents, licenses, visas and vaccination certificates) for entry into the country and/or place of the hotel where the accommodation is located. The LDA assumes no responsibility for the refusal to issue visas or entry authorizations to the customer.

2.3 No refunds will be due for goods and/or services that are provided to the Customer, but which the Customer does not like or use.

3. VAT

Unless expressly stated otherwise, the price of the reservation or reservation also includes taxes legally due (including but not limited to VAT) that will be charged together with the reservation depending on the services contracted.

4. Deposit, payment, billing

All bank details are stored and processed and protected by Banco Santander or the international payment service provider.
A deposit of at least 500,- EUR for each rented apartment must be paid or up to 7 days before the start of the rental period or must be booked via credit card up to 1 day before arrival.

Deposits paid will be returned immediately after the inspection of the apartment by the LDA, provided that no defects are found. Any defects or missing items will be deducted from the deposit at the replacement price.

If the customer reserves through a service provider, this happens automatically, if you book through the owner, a link will be sent where you can enter your card number.

A signal of 50% of the booking price must be paid within 3 business days of receiving the booking link. The booking link sent by LDA via chargeautomation is also the booking confirmation. If you want a booking confirmation in PDF format, please inform your host.

If the signal is not received in the LDA bank account within 5 working days, the reservation will be cancelled immediately. The remaining payment must be made up to 28 days and the deposit up to 12 hours before check-in. The receipt in the LDA bank account is decisive.
In case of non-payment or partial payment or lack of deposit, the LDA reserves the right to cancel. The invoice is usually issued within 10 business days of receipt of the payment and will be sent to the customer by email or through the communication channel that the customer has chosen.

Accepted payment methods are credit card, paypal and bank transfer: The default payment method for rental payments and security deposit is via credit card. If you prefer bank transfer: The customer must announce the transfer and respect the payment terms indicated in point 4. When paying via paypal, a 2.5% fee will be charged. This fee is non-refundable in case of cancellation.

5. Accommodation

5.1. The properties of the accommodation are those included in the reservation. However, since the photos of the accommodation were not taken by the customer on the day of booking, there may be no significant differences between the photo and reality at the time of use of the services contracted by the customer, which do not give the customer the right to change the contract.

5.2. The prices indicated are per apartment/accommodation, but may be indicated per person or depending on other characteristics, which in any case will be duly indicated on the website at the time of booking or conclusion of the contract. If it is possible to make a reservation for a number of people who exceed the normal capacity of the accommodation, you may need to receive an extra bed, which may not have the same comfort and quality as the other beds in the accommodation, which reduces your useful space, as with cots.

5. 3. If the customer presents himself with more people than indicated in the reservation for the use of the accommodation, those responsible may refuse entry at check-in, a situation for which the LDA cannot be held responsible.  The same applies to a larger number of people at a later date. Also here, the contract may be terminated without notice.

5.4. If, despite all technical precautions, there is a situation of overbooking in the accommodation, e.e. because a guest refuses to leave your accommodation due to corona, you expressly agree to be accommodated in a similar quality accommodation at no additional cost to the customer and without the right to compensation or dissolution of the contract for this reason.   However, the causal guest will be liable for all additional costs plus a payment penalty of 1000 euros.

5.5. Accommodation can normally be used from 18:00 on the day of arrival and must be left before 10:00 on the day of departure (in both cases in Madeira local time).  In case of different arrival and departure times, please contact the LDA by email to see if another time is possible.  Staying at the property beyond the time of departure may result in the payment of additional amounts, which are the sole responsibility of the customer.

5.6. If the customer does not appear in the accommodation within 48 hours of the agreed arrival or by 12:00 on the second following day (Madeira time) of the date of entry indicated in the booking receipt or at least by e-mail or telephone, the LDA may ignore the reservation and rent the accommodation to third parties without the customer being entitled to a refund,  situation for which the LDA cannot be held responsible.

5.7. The customer must comply with the internal rules of use of the accommodation, if any.

6. Conclusion of contract

The contract is binding only if the customer pays a down payment of 50 % of the total rental price within 5 days of the confirmation of the reservation by the LDA. The subject matter of the contract is/are one or more apartments mentioned in the booking confirmation within the property named for the period indicated on the booking confirmation. In addition, the customer undertakes to pay 50 %, the rest of the total price of the reservation pending up to 28 days before arrival.

When booking within 28 days, the contract is only binding if the customer pays the full rental price within 3 days of booking.

7. Cancellation policy

7.1 Cancellation by customer

You can cancel for free within 48 hours of booking.

In case of cancellation up to 6 weeks before the start of the rental period, 25% of the rental price will be retained.
In case of cancellation up to 4 weeks before the start of the rental period, 50% of the rental price will be retained.
In case of cancellation up to 14 days before the start of the rental period, 75% of the rental price will be retained.

7.2 Cancellation by LDA

If the LDA unilaterally cancels the contract for any reason other than an inperformance of the contractual obligations of the latter, it shall refund/return the signal or the entire rental value as soon as possible, in the case of a case of force greater that makes the rental impossible. And return double the amount received for any other reason or arrange reasonable and equivalent alternative accommodations for the customer.

If the customer does not comply with the contractual obligations, all advances made will be lost.

8. Customer obligations / terms of use

The customer declares to have carried out the review of the rented accommodation, namely the furniture, appliances and equipment included therein, recognizing that it is in perfect condition of use and committing to:

8.1 Keep the house in perfect condition during the combined rental period between both parties.

8.2 use appliances and furniture conveniently and reasonably available (heating, air conditioning, etc.).

8.3 notify the owner, in the best possible time, of all malfunction, damage, accident found during the stay.

8.4 Do not cause disturbances to neighbors

8.5 comply with the housing regulations, in case it forms part of a building, residence or tourist urbanization.

8.6 The customer cannot in any case make a copy of the keys.

9. LDA obligations

The LDA undertakes to:

9.1. carry out, itself or through an intermediary, the review of the dwelling leased to the second grantor to verify the status of the same on the first and last day of the rental.

9.2 Keep the accommodation in perfect use, habitability, cleanliness and safety.

9.3 leave in perfect working condition the supply of water, electricity and gas and inform the second whether its use is included in the rental price, indicated in the third clause of this contract.

9.4 repair, in the best possible time, the malfunction or malfunction of an appliance or household equipment essential to the comfort of the second.

9.5 ensure that the customer benefits from an entire enjoyment of the rented accommodation for the requested period avoiding disturbing the comfort or tranquility of the client during the period of the stay.

10. Animals

The presence of pets in the rented villa must be expressly authorized by the owner.

11. In the event of non-compliance with contractual obligations by both parties, the contract shall be terminated in full without any compensation.

 
 
 
 
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