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 except the portuguese original Termos e condições 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 "stripe".
Security Deposits: If you pay via credit card you agree to use the same credit card for use of damages you are responsible for. As alternative you would have to prove the existence of a private liability insurance. Security 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. Alternative 3: 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.
If the customer reserves through a service provider like booking.com or ARBNB, this happens automatically, if you book through the owner or via website, a link will be sent where you can enter your credit card number or choose another payment method.
An inicial payment of 450-500 EUR as part of the booking price must be paid within 3 working days after receiving the booking link. The payment link sent by LDA is also the booking confirmation. If you would like a booking confirmation in PDF format, please inform your host.
If the inicial payment 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 security deposit, the LDA reserves the right to cancel.
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 per night, 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 and up to 8 weeks before the start of the rental period
- In case of cancellation between 8 weeks and 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.
- If you cancel within 14 days before the start of the trip, the full booking amount will be retained.
Exception: A full or partial refund is also possible in the event of short-term cancellation if the host has the apartment or villa re-rented. The conditions for this are:
- ! The customer has NOT booked through another external service provider such as booking.com or AIRBNB, but booked either by direct contact with the host or via the host's website!
- The customer calls the host and explains the reasons for the cancellation by phone at +491792062159 (Tel/WhatsApp)
- After the conversation, the customer sends a signed PDF or photo of the signed document by email to booking@xastelo-do-mar.com or by WhatsApp to (+491792062159) with the following content:
- Request for cancellation with simultaneous permission to re-rent his accommodation for the booked period of the reservation.
- full name, first name and address,
- Exact period of booking, booked apartment (see reference in the welcome email)
- to copy: "Dear Sir or Madam, please re-rent my booked Alojamento Local. I am aware that I will be reimbursed just in case that my apartments is re-rented! If the new rental is made through an external service provider, I will be reimbursed the amount of the new booking minus any commissions from external service providers such as booking.com or AIRBNB minus other other costs".
- city, date, signature
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. Obligations / Terms of Use of the Customer
The Customer declares to have carried out the inspection of the rented accommodation, i.e. the furniture, appliances and appliances contained therein, acknowledges that it is in perfect condition and undertakes:
8.1 Keep the house in perfect condition during the combined rental period between both parties.
8.2 Appliances and furniture must be kept in proper condition (heating, air conditioning, etc.) and used only in the designated place.
8.3 The customer has the obligation to inform the owner as soon as possible of all malfunctions, damages and accidents detected during the stay.
8.4 Neighbours must not be disturbed.
8.5 comply with the housing regulations if it is part of a building, residence or tourist urbanization.
8.6 Under no circumstances may the customer make a copy of the keys.
8.7 In the event that a customer does not / can not adhere to the regular business hours: Insofar as no meetings of both parties on site are possible at night check-in, all possible defects in the apartment will be documented photographically by the landlord in advance. The customer undertakes to check the apartment for defects upon entering and to report all defects to the Lda/the landlord photographically.
8.8 The customer is strictly prohibited:
8.8.1 Toppers, mattresses, chairs or furnishings or furniture from the INTERIOR of the apartment must NOT be placed temporarily on the terraces!
8.8.2 Hot cups, pots, pans or cigarettes must not be placed on wood! Do not put cups on the beamed beds!
8.8.3 Garbage must not be taken out of the garbage cans and placed in the closet! The disposal point is 150 m from the Castelo in the direction of the village exit - see POI here.
8.8.4 It is strictly forbidden to enter areas of the Castelo that have not been shown to him or to use a jacuzzi in a pool in the Castelo that do not belong to his apartment!
8.8.5 The use of the washing machine is only permitted with commercial detergents approved for washing machines! Do not use liquid dishwashing detergent in the washing machine!
8.8.5 Except with the written permission of the landlord, nothing may be taken from the garage / cellar!
8.8.6. Nothing may be taken out of the apartment with the exception of personal gifts (1 bottle of wine and 1 pack of biscuits) and flyers about the Castelo.
8.8.7 It is forbidden to lie down in bed with sunscreen residues on your skin.
8.8.8 It is forbidden to use the jacuzzis with cream or sunscreen residues on the skin! Basically, the use is only allowed showered: The purpose of showering is to remove all cream residues on the skin!
8.8.9 It is forbidden to use rented towels on the beach or in general it is forbidden to use or take materials provided to the customer outside the Castelo; even temporarily, this is not permitted!
8.8.10 It is forbidden to play loud music on the terraces all day and inside the closed rooms from 21:00!
8.8.11 Outside, it is forbidden to leave the jacuzzi open and not fasten the buckles when exiting, as well as to leave the parasol open when exiting, or to smoke near the Castelo.
9. LDA obligations
The LDA undertakes
9.1. to carry out the inspection of the dwelling rented to the second grantor itself or through an intermediary in order to verify the status of the same on the first and last day of letting.
9.2 The Lda keeps the accommodation in perfect use, habitability, cleanliness and safety.
9.3 Lda shall keep the supply of water, electricity and gas in perfect condition.
9.4 repair as soon as possible the malfunction or malfunction of any appliance or household appliance essential to the comfort of the second.
9.5 ensure that the customer benefits from full use of the rented accommodation for the desired period, without disturbing the comfort or tranquility of the customer during the duration of the stay.
9.6 In the event that a guest does not / can not adhere to the regular business hours: The Lda must draw the attention of each customer in an anticipated self-check-in that the customer also documents all defects in the apartment on arrival and reports this to the Lda immediately via WhatsApp or e-mail.
10. Animals: The presence of pets in the rented accommodation must be expressly authorized by the owner.
11. In the event of non-compliance with contractual obligations by both parties, the contract will be terminated in its entirety without compensation.
12. Included in the booking price:
12.1 Description: The customer finds his accommodation described on the booking platform/homepage where he has booked. Photos and plans are offered on the homepage in addition to a description in French, german, English and Portuguese.
12.2 Cleanliness/final cleaning: The apartment and, depending on the apartment, the pool (C1) Jacuzzi (C2, C3, C4) belonging to the apartment will be thoroughly cleaned and the water quality checked before the arrival of each customer. Final cleaning is included in the price.
12.2.1 NOT included in the price is a filter change if a customer with sunscreen/sunscreen residues has used the Jacuzzi without showering. Should a new filter and a water change become necessary for such reasons, the customer will be charged 50, - EUR. The Lda takes a photo of the condition of the filter before and after each cleaning before a customer arrives. With proper hygiene in use, a filter can be used for several months.
12.2.2 NOT included in the price is an intermediate cleaning or extreme cleaning of the apartment! Additional expenses can be charged with 10, - EUR per hour if necessary. in addition an extra fee/departure in the amount of 15, - EUR possibly plus weekend surcharge of 50% or night surcharge of 100%.
12.3 Bed: The bed is freshly made and made available ready for use. The booking price includes exactly one set of bed linen for each person including normal cleaning! Each bed is equipped with mattress 180 x 200 cm or at C1 in the children's room 160 x 200 cm, waterproof protective cover suitable for allergy sufferers, fitted sheets and per person with pull-in blanket 135 x 200 cm, duvet cover suitable for allergy sufferers, 1 pillow 40 x 80 cm, 1 pillow 80 x 80 cm, each with pillowcase and suitable for allergy sufferers as well as pillowcase and bed runner. Each sofa bed is equipped with a lying surface 135 x 195 cm, topper 8 cm, topper cover suitable for allergy sufferers, pull-in blanket 135 x 200 cm, pillows 40 x 80 cm and corresponding duvet covers.
12.3.1 NOT included in the price is an exceptional cleansing of large quantities of blood, incontinence or sunscreen stains. These will be invoiced separately if necessary. the soiled bed linen must be replaced. Per double set of bed linen to be changed during the stay 45,- EUR will be charged! If cleaning is not possible, 40,- EUR per duvet cover, 15 EUR per pillowcase, 40,- EUR per fitted sheet, 40,- EUR per mattress protection cover, 10,- EUR for pillowcase, 30,- EUR per pull-in blanket will be charged.
12.4 Towels: For each person, a towel 50 x 100 cm for face and hands and a towel with a minimum size of 70x150 cm for the body is provided.
12.4.1 More towels are not included in the price, unless circumstances arise for which the Lda is responsible ! A complete set of towels for 2 persons will be charged with 15,- EUR. If the customer loses a towel or renders it unusable, 20,- EUR per large towel and 8,- EUR per small towel will be charged.
12.5 Essentials: Only oil, vinegar, salt and sugar as well as coffee pods for 2 persons are available and provided free of charge. The tap water is clean and has drinking water quality, but should not be drunk permanently because of even the slightest chlorine admixtures!
12.6 Electricity, water, heat, humidity: The indoor temperature in Castelo is 21-24°C all year round with the windows closed. The rock walls keep the temperature and humidity constant. Should it get too cold or too humid in extreme climatic conditions, the Castelo has dehumidifiers and heating, which, however, have never been used before. Each guest can take these out of the garage after notification or will be provided. The heating of the jacuzzis is set to 36°C and is also included in the price.
12.6.1. NOT included in the price is the pool heating of the large outdoor pool of C1: the need for the outdoor pool depends on the outside temperature! The pool heating costs 40, - EUR per day extra at 6 kW power per hour.
12.7 TV and Wi-Fi: Wi-Fi and a Smart TV connected to the Internet are always provided. The use of the individual apps is internationally possible, the costs of app use are to be paid by the customer himself !
12.7.1. NOT included in the price: If you do not have a netflix, amazon prime, magenta TV , Disney+ or other international TV app or TV streaming app account, you will have to expect additional costs for TV use depending on what app you choose. If you do not have your account data with you, you cannot register for free.