General conditions
The present terms and conditions for the provision of holiday rental services establish the contractual basis between Algarve Holidays (TM), hereinafter referred to as “Company”, and the client guest accountable for the reservation, hereinafter referred to as “Client”. The client is accountable and liable for acts of the whole group that is with him, despite all guests being jointly responsible for the reservation.
To make a holiday rental reservation, hereinafter referred to as “reservation”, the client declares to accept in full the present contractual conditions, which shall constitute the holiday rental agreement.
1 - The object of the contract
2 - The length of the contract
3 - Prohibitions
4 - Obligations of the company
5 - Obligations of the client
6 – Reservation Procedure
7 - Accidental damages insurance and guarantee
8 - Cancellations
9 – Arrival procedure and check-in
10 – Departure procedure and check-out
11 – Liabilities
12 - Termination of contract
13 - Conflict resolution
14 - Final Provisions
Annex I - Table of Additional Services
Annex II – Table of Compensations for the client’s non-compliance
Annex III – Table of Compensations for the company’s non-compliance
- The object of the contract
1.1 The present contract has as its main object the holiday rental of an accommodation administered by the company, upon reservation conducted by the client and confirmed by the company and has, as a precondition, its use, exclusively for such purpose, in a peaceful, legal manner and according to good practices and local customs, pursuant to the terms and conditions set forth in the following clauses.
1.2 On an ancillary basis, the company may provide reservation-related services, requested by the client such as: airport transfers, car rental - with or without a driver, rental of support equipment for swimming pools and leisure facilities, rental of equipment for drinks, cleaning, laundry, cook, babysitter, housekeeper, concierge, massages and beauty care, shopping, etc. Such services are provided either by the company or by third parties, under specific contractual conditions, either established by the company or by the third-party entities providing the service.
- The contract duration
2.1 This contract commences on the date and time of the arrival and ends on the date and time of the departure from the accommodation.
- Prohibitions
3.1 As a general rule, any activities that do not fall within the scope of holiday rental are not allowed in the accommodation to be rented, except with a written authorization duly signed by the company.
3.2 Additional occupants not mentioned in the reservation by the client are not allowed in the accommodation, unless agreed and abiding by the conditions in writing from the company, and within the limit of the maximum capacity stated.
3.3 Smoking is strictly prohibited inside the accommodation.
3.4 Clients are not allowed to take housing animals into the accommodation without the prior authorization of the company.
3.5 Clients are not allowed to practice activities of professional or commercial character in the accommodation such as, for instance, sales, public events, advertising or promotional articles, filming, photo sessions, etc., unless with the express permission in writing from the company and by means of a budget and an additional signed agreement.
3.6 The clients are not allowed to conduct, inside the accommodation, events or festivals of social, religious or political character which disturbs the tranquillity of the neighbourhood and the good practices and local customs, especially, but not only, regarding noise, odours, etc., or even susceptible to put at stake the safety of the people and the facilities.
3.7 In no case is allowed, in the accommodation, the practice of unlawful acts or behaviour contrary to public order and tranquillity of the neighbourhood, in accordance with Portuguese law.
- Obligations of the company
4.1 Deliver to the client enough information about the accommodation to be rented, about the services included in the price of the reservation services, as well as optional extras and cost.
4.2 Inform the client of any fact that has been formally communicated to him, before or after the reservation, susceptible to hinder the stay or seriously disturb it.
4.3 Conduct the check-in and check-out in accordance with the present contractual conditions.
4.4 Deliver to the client, after the check-in, the reserved accommodation in good conditions in terms of operation, cleaning and presentation, equipped in accordance with the respective inventory, namely:
4.4.1 the furnishings and their equipment, according to what is stated by the company’s website and described in the confirmation of the reservation, nevertheless some of the equipment may have been replaced by others that are equivalent and do not match those depicted in photographs;
4.4.2 The cleaned bedlinen and bathroom towels in sufficient quantity for the number of guests mentioned in the reservation;
4.4.3 The crockery and kitchen utensils, as well as cleaning and laundry utensils, appropriate to the capacity of the accommodation;
4.4.4 Curtains, cushions or other ornamental items;
4.4.5 Water supply, electricity, gas (unless the cooking appliances and water heating run on electricity), television and the internet;
4.4.6 a house manual, with safety rules, emergency numbers, equipment instructions, the current contractual conditions, as well as information and useful contacts;
4.5 Deliver a receipt of all values received from the client, detailing the nature and issuing the respective invoice.
4.6 Conduct a cleaning service every seven days of the reservation, which includes: linen and bathroom towels change, vacuuming/sweeping interior floorings, bathrooms and kitchen cleaning (except the dishes).
4.7 Conduct at least one maintenance service of the garden and swimming pool every seven days of the reservation.
4.8 Provide an in-person and phone customer service in their offices, during office hours (from 8h30 am to 5h30 pm), and permanent phone customer service between 5h30 pm and 8h30 am for emergency situations duly justified.
4.9 Return the guarantee to the client, when applicable, in accordance with clause 7.3.
4.10 Reimburse or compensate the client in accordance with the stipulated in the 8th clause and Annex III, respectively.
- Obligations of the Client
5.1 Read and accept the present contractual conditions and all its annexes before concluding the reservation or, if the reservation site used only allows it after the reservation, do it as soon you get them from the company. In this case, if you do not agree to these conditions, you may request the cancellation of the reservation, without additional costs being charged by the company, within 24 hours.
5.2 Inform the company in writing of any fact or equipment inherent to the accommodation, particularly necessary and crucial to the completion of your reservation, before confirming it.
5.3 Pay the advance on the price of the reservation in accordance with the terms in force at its time, and ensure, in any case, the payment of the total cost of the accommodation, up to a maximum of 60 days before the date of arrival.
5.4 Pay the security deposit stipulated in accordance with clause 7.2, as well as the extra services requested, at the latest at check-in by credit card before the arrival date.
5.5 Conduct the check-in in accordance with the procedure set out in the 9th clause of this contract.
5.6 Inform the company in writing within 24 hours from the date of entry into the accommodation of any non-compliance related to its obligations aforementioned in clause 4.4, under penalty of not being accepted.
5.7 Inform the company in writing as soon as you encounter any non-conformity inherent to the extra services provided and charged, or fault/malfunctioning of any equipment after the check-in.
5.8 Comply with the safety standards of the accommodation and ensure that all doors and windows are properly closed when you leave.
5.9 Comply with the energy standards, specifically switch off the lights when absent, and close the doors and windows when the air conditioning equipment is turned on.
5.10 Allow the company’s staff to access the accommodation in order to undertake purposes related either to maintenance tasks (garden, swimming pool or equipment), or cleaning tasks, in accordance with the plan described in the house manual, or with any other notification of the company with a minimum period of notice of 24 hours.
5.11 After check-in, all requested extras will have an additional travel fee.
5.12 Conduct the check-out in accordance with the procedure described in the 10.3 clause and sign the respective form.
5.13 In general, you and all members of your group shall comply with the present contractual conditions as the accountable person for it.
- Reservation procedure
6.1 The client has two ways to make a reservation of the accommodation:
a) direct contact with the company by phone, email or on our website
b) through a travel agency with which the company has established a partnership, whether conventionally or online (Online Travel Agency (OTA)
6.2 In order to formalize the reservation, the client must indicate in writing:
6.2.1 the date of arrival and departure
6.2.2 number of adult guests and children (mentioning their ages);
6.2.3 the possible need for specific requirements of the accommodation.
6.3 pay the value of the non-refundable advance (25% if the reservation is made up to 60 days before the check-in; 100% if the reservation is made within a period of fewer than 60 days before the check-in) or according to the instructions of the reservation channel used.
6.4 After having received the payment of the value of the reservation’s advance (or the OTA payment confirmation), the company sends to the client, by mail, the present contractual conditions and an electronic form which must be completed and returned within the timeframe referred. The information requested to the client is related to the identification of the person accountable for the reservation and all their companions. On the other hand, additional services will be proposed to the client, which can be provided as soon as ordered. All information provided by the client to the company through the form is its sole responsibility and is protected by Portuguese law on personal data protection.
6.5 Once the form, already completed by the client, is received, the company will send the confirmation of the reservation, together with the budgeted value of the additional services that may be requested and, if that is the case, the value of the guarantee.
6.6 Not later than 60 days before the check-in, the client must ensure and demonstrate that he made the payment of the total value of the reservation, under penalty of cancellation by the company.
- Accidental Damage insurance and guarantee
7.1 Accidental damage Insurance: Included in the total reservation amount is an insurance rate to cover accidental damage, which covers any accidental damage caused by the client in the accommodation that may occur during the stay, up to a maximum value of 500 Euros. It is understood by accidental damage those that are caused by accidental or unintentional reasons, within the scope of a normal and peaceful use of the accommodation. Excluded from the scope of a normal and peaceful use of the accommodation is the damage incurred during parties or events, even if permitted by the company.
7.2 Security deposit: In addition to the accidental damage insurance provided for in the previous paragraph, all customers must pay, at the latest the day before arrival, a deposit in the amount of €200 to €1500, to be defined by the company depending on the accommodation and number of guests. people. This payment is not made in person.
7.3 The security deposit provided will be refunded within 2 weeks via credit card, after check-out, less any non-accidental damages (as described in 7.1) caused to the accommodation.
- Cancellation of the reservation
8.1 When, for any reason external to the company, it cannot honour the reservation, or have equivalent alternatives to propose to the client, it shall notify you about its cancellation and will immediately reimburse all sums received, having nothing else to pay besides that, regardless of the purpose.
8.2 When the cancellation contemplated in the previous item is conducted less than 30 days before the arrival date, in addition to the refund already foreseen, the company will compensate the client, by any injury suffered by him, if it is duly established, with a value up to 50€ per person.
8.3 When the client cancels his reservation up to 60 days prior to arrival, he will forfeit the right to the values already paid. If the company is able to obtain an alternative for the same dates, it will reimburse the client up to a value equivalent to 65% of the total values paid.
8.4 When the client cancels the reservation with more than 60 days in advance of his arrival, he will lose the right to the money already paid.
8.5 When the client cancels the reservation in accordance with clause 5.1, the company will return the value of the advance which has received and/or authorize the cancellation of the reservation without extra charges.
- Arrival procedure and check-in
9.1 The check-in time is between 4 pm and 6 pm. However, depending on the availability and an additional payment according to the tariff in force, it is possible to make an early check-in or a late check-in.
9.2 The check-in is usually performed at the premises of the company’s headquarters in Almancil, however, an in-person check-in may be made depending on the availability and criterium of the company.
9.3 If the client expects to arrive after 6 pm, or when agreed with the company, he may be given access to the keys of the accommodation through the provision of means of access, on the condition of having already paid effectively all the sums inherent to the reservation, including the guarantee and extra services ordered, having previously made the online check-in with the identification of all the persons in the party, and expressly accepted the present terms and conditions. The acceptance of the present terms and condition is implicit unless it is contested up to 24 hours after having received them.
9.4 In the case that the check-in is made via remote access such as the key safes or entry codes, the company will be available for assistance via the phone numbers previously communicated by email. A phone call or a visit will be made the following day with a view to obtain eventual complaints or suggestions.
9.5 A in-person check-in may be made according to availability and criterium defined by the company.
10. Departure procedure and check-out
10.1The client must respect this check-out procedure under penalty of losing the right to contest any cost or compensation that are ascribed to him by the company.
10.2The client must do the check-out and leave the accommodation until 10 am (with the exception of a checkout, previously agreed and paid for) of the last day of the reservation.
10.3To check-out, the client must:
10.3.1 Check that he did not leave any belongings in the accommodation;
10.3.2 Leave the furniture and equipment of the accommodation on the same place where they were found;
10.3.3 Throw away all the garbage;
10.3.4 Close the water taps;
10.3.5 Ensure that the gas-fired equipment is switched off;
10.3.6 Switching off lights and electrical equipment;
10.3.7 Switch off air conditioning equipment;
10.3.8 Close all doors and windows;
10.3.9 Leave the keys on the table in the dining area or in the key safe if there is one;
10.3.10 Switching on the alarm if there is on.
10.4The client must communicate any and all damage caused to the property during his stay, whether accidental or otherwise, under the penalty that all repair costs will be treated as having been made with intention and therefore, charged in its entirety.
10.5When the check-out is performed solely by the client, the company will conduct a subsequent verification of the accommodation, as well as an inventory of it, sending the respective report to the client if non-conformities or damage are encountered, as well as their appreciation for the purposes of any compensation.
11. Liabilities
11.1Liability of the company: The company can only be held liable under the following conditions and within the limits established therein, with the client being accountable to subscribe insurance policies that cover, specifically, travel risks and personal accidents.
11.2Civil liability: In no case, the company may be held liable for damages suffered by the clients and their companions, as a result of a negligent behaviour of the client or their companions, or caused by: acts of third parties, cases of force majeure, natural phenomena, strikes, wars, fire, glass breakage, floods, plane crashes, accidents with any type of vehicles, animals, acts of vandalism, terrorism, theft or robbery, works, repairs or by any other reasons that are unrelated to it.
11.3The company can compensate the client in the event of its non-compliance, communicated in writing by the client, confirmed by the company and not repaired within a reasonable timeframe, in accordance with the table of compensations in force (Annex III).
11.4Client’s responsibility: Any act of the client in breach of his obligations described in the 5th clause of these conditions may trigger the immediate debit of compensations in accordance with the table of compensations for the Client’s Non-Compliance – annex II.
12. Termination of Contract
12.1The company reserves the right to immediately terminate the contract in the event of any failure to meet the clauses 3, 5 and 9.
13. Resolution of Conflicts
13.1In the event of conflicts or disputes related to this contract or related to it, the parties agree henceforth to use mediation in the first instance and, if this proves to be inconclusive, the arbitration of the Chamber of Commerce of Lisbon, which will exclusively apply its regulation, as well as the Portuguese law applicable to the matter, with the costs being the loser party’s responsibility.
14. General Provisions
14.1These terms and their annexes may be altered by the company at any given time, applying to the client the ones in force on the date of the reservation, with the exception of those that do not affect the rights inherent to his reservation and the ancillary related accessories not yet accepted by the company and paid by the client.
14.2Under the laws in force in Portugal, the foreign clients are as of now informed that they should present at the check-in an identification document - Passport or Citizen Card / Driving License for citizens UE citizens, whose identification data have to be communicated by the company to the Foreigners and Borders Service (SEF).
Annex I - TABLE OF ADDITIONAL SERVICES
This Annex to the Contract for the Provision of Holiday Rental Services between the Company and the Client refers to additional accessory services mentioned therein, in accordance with clause 1.2 of the contract. Such services are provided either by the company or by third parties, under specific contractual conditions, either by the company or by third party entities providing the service.
|
Item |
Description |
Unity |
Unit price |
|
1 |
Rent a Car |
Day |
Under budget |
|
2 |
Transfer |
Round Trip |
Under budget |
|
3 |
Swimming pool heating |
Day |
Under budget |
|
4 |
Varied leisure extras |
Day / Unit |
Under budget |
|
5 |
Early Check-in (from 10 am to 2 pm) |
Subject to availability |
25% of the daily rate |
|
6 |
Late Check-Out (from 12 pm to 8 pm) |
Subject to availability |
25% of the daily rate |
|
7 |
Pet |
Day / Pet |
10€ |
|
8 |
Extra Person |
Day |
25€ |
|
9 |
Extra Bed |
Day |
15€ |
|
10 |
Extra Cleaning |
Hour |
12.5€ |
|
11 |
Collection and accommodation of luggage, with delivery to be scheduled |
Service |
60€ |
|
12 |
Grocery Shopping |
Service |
30€ + receipt |
|
13 |
Others |
Unit |
Under budget |
ANNEX II - TABLE OF COMPENSATIONS FOR THE CLIENT’S NON-COMPLIANCE
This Annex to the Contract for the Provision of Holiday Rental Services between the Company and the Client refers to the compensation for the client’s non-compliance as provided therein, enforceable by the company to the client, either during the duration of his stay, either after its conclusion, without affecting other contractual and legal consequences.
|
Item |
Non-compliance Description |
Unity |
Unit value |
|
1 |
Additional and abnormal cleaning |
Hour |
12.5€ |
|
2 |
Maintenance by improper handling |
Hour |
25€ |
|
3 |
Excessive in-person Check-In Time delay (beyond 30 minutes) |
Hour |
25€ until 18:00 50€ after 18:00 |
|
4 |
Out-of-hours departure |
Hour |
50€ the 1st hour; 250€ the 2nd and following hours |
|
5 |
Non-compliant check-in or check-out |
Fixed value |
250€ |
|
6 |
Duly justified complaints from Neighbours |
Fixed value |
100€ the 1st; 200€ the following |
|
7 |
Non allowed pets |
Day / pet |
25€ |
|
8 |
Smoking inside of the accommodation |
Fixed value |
250€ |
|
9 |
Unauthorized events |
Fixed value |
500€ |
|
10 |
Obstruction to a scheduled and previously communicated service |
Fixed value |
250€ |
|
11 |
Unauthorized occupants |
Occupant |
30% of the reservation |
|
12 |
Out-of-hours emergency by negligence or lack of good sense of the client |
Fixed value |
25€ |
|
13 |
Non-accidental damage |
Fixed value |
Repair cost + labour hours |
|
15 |
Loss of keys |
Fixed value |
Cost of lock replacement + labour hours |
Annex III - TABLE OF COMPENSATIONS FOR THE COMPANY’S NON-COMPLIANCE
This Annex to the Contract for the Provision of Holiday Rental Services between the Company and the Client refers to the compensation for the company’s non-compliance as provided therein, demandable by the company from the client, by mutual agreement of both parties, under the conditions listed below.
In any case, the stated non-conformities are only compensable if the company has been informed by the client in writing and have not solved them within a reasonable timeframe of not less than 24 working hours.
For the compensations detailed below, the company agrees to pay under the condition of total confidentiality of the client (or of all other members of his group) and the latter agrees to receive the resulting values in the form of global and definitive compensation.
By accepting to receive such compensation from the company, the client expressly disclaims, to:
- Not make any public comment, with respect to such non-compliances, regardless of the place;
- Not to ask for compensation in any proceedings with respect to such non-compliances;
- In case of violation of these conditions, the company may require the payment of twice the value of compensation that has been paid to the client;
- The client as of now authorizes the company to debit his credit card or use the guarantee in its possession to cover the compensation duly justified by the above points;
|
Item |
Non-compliance Description |
Refunded Value |
|
1 |
Serious Cleaning Failure |
100% of the daily rate /per day |
|
2 |
Air Conditioning Unit Failure |
10% /per day/ per unit |
|
3 |
Lack of sanitary hot water |
50% of the daily rate / per day |
|
4 |
Pool Heating failure |
100% of the heating daily cost |
|
5 |
Obstruction to the use of the swimming pool |
50% of the daily rate / per day |
|
6 |
Refrigerator Failure / Malfunctioning |
25% of the daily rate / per day |
|
7 |
Lack of water exceeding 12 hours |
100% of the daily rate/per day |
|
8 |
Lack of electricity exceeding 12 hours |
100% of the daily rate/per day |
|
9 |
Lack of internet exceeding 24 hours |
10% of the daily rate / per day |
|
10 |
Stove / Oven / Microwave failure |
15% of the daily rate / per day |
|
11 |
Lack of Gas / when available exceeding 12 hours |
50% of the daily rate / per day |