TERMS AND CONDITIONS
1. Scope of Application
The terms and conditions contained in this document shall apply to the relationship between the Client and Expetativa Gentil Lda (owner of Lugar nas Estrelas), hereinafter EG, from the moment the reservation is requested until the end of the period of accommodation in the unit.
By contracting any service, the user declares having read, understood and accepted the Terms and Conditions described below, without the need for any subsequent act or consent.
In the event of any omissions to the Terms and Conditions, the Portuguese legislation in force will apply.
2. Conclusion of the Contract
- When requesting the reservation of a room or service the Client makes an offer to EG. If available, in the case of accommodation, EG will provide the Customer with a booking code.
- The Client is informed that room reservations at the unit made through third parties (tour operators or on online room reservation portals) determine the issuing of a reservation code different from the one issued directly by EG, although equally valid.
- Requests for room reservations made directly to EG or through third parties are not binding nor oblige EG to enter into a contract with the Client. EG will always have the right to refuse to enter into a contract and make a room available at its sole discretion.
- EG only guarantees to the Client the availability of the room reserved and not the availability of a different room from the one previously selected.
3. Types of Reservations and corresponding cancellations
- The Client may make two types of reservations: “direct” or “indirect”.
- Indirect reservations consist of booking rooms or services through third parties, namely online platforms or similar. In these cases, the reservation and cancellation policy in force is the one provided by the service provider.
- Direct Reservations consist of booking rooms or services, through Lugar nas Estrelas’ own means, namely website or e-mail. Reservations will be considered valid when accompanied by the provision, by the Customer, of valid and complete credit card details, or by the sending of a bank transfer receipt for 50% of the total price of the accommodation reserved. Cancellation policy in force is the one provided on the confirmation email.
4. Arrival and Departure
- EG will provide the Client with the room previously booked as of the date of arrival or, if the Client has not made a reservation and contracts the accommodation at the hotel reception, according to availability.
- In case of reservations made at the reception, the Client must immediately pay the price due for the room, number of overnight stays and additional services.
- On the date of departure, the customer must leave the room free of people and belongings and without any damage until 11am.
- If the room is not vacated by 11am on the day of departure, compensation corresponding 10€/hour until 5 p.m. at the hotel may be charged.
5. Pets
- All pets are welcome.
6. Terms of use
- Only the persons indicated on the booking of accommodation will be entitled to use the hotel room.
- The Client shall handle the hotel room with care and consideration.
- The Client must treat other hotel guests with consideration and respect the hotel rules posted in the hotel, if applicable, which are also part of the accommodation contract.
- Children under 16 years of age must be supervised by an adult Client at all times during their stay at the hotel.
- The Client is strongly recommended not to keep or leave without any money, jewellery, valuables or other valuable items left in the hotel room.
- EG does not assume any responsibility in the event of theft, loss or deterioration of valuables such as money, jewellery or other objects of considerable value if such events take place in the hotel room.
7. Access to the hotel room by EG
EG and its staff will have the right to enter the hotel room, during the Client’s stay, in order to carry out cleaning, repair and similar works.
8. Price of the stay and other prices
- The price of the stay to be paid by the Client constitutes the consideration for the use of the hotel room, during the period between arrival and departure.
- The total price of the stay will be charged per night, regardless of whether or not the Client has made use of the room.
- The applicable rates are the agreed prices or the price specified in the price list in force at the time of the conclusion of the contract. EG has the right to increase prices if a period of more than 6 months elapses between the date of the reservation by the Client and the date of arrival or if any taxes, visitor contributions or other charges are changed or introduced.
- The rates and amounts stated in the terms and the accommodation contract are all VAT-inclusive unless expressly stated otherwise.
9. Terms of payment
- The accommodation and additional services prices must be paid in advance, regardless of the billing date.
- Fees for additional services, described in point 1, are understood to be charges that are not expressly mentioned in the accommodation contract and are part of the accommodation price.
- EG accepts payment in euros, transfers and credit cards. Other methods of payment will only be permitted in exceptional cases, with the consent of EG’s management.
10. Complaints concerning defects in material
- The Client must inspect the hotel room upon arrival and immediately report any defects found.
- Any defects that may become apparent during the stay must be reported to the hotel reception as soon as the Client becomes aware of them.
- If a defect is found in the Client’s room, EG has the right to choose between repairing it and reallocating the Client to a room of at least the same type as that contracted with the Client.
- For the above-mentioned purposes, only serious defects susceptible of calling into question the level of service and quality of Lugar nas Estrelas will be considered. In the event of irrelevant or unreasonable complaints or those related to details that do not conflict with the minimum level of service contracted, EG is not obliged to take any action.
- If EG does not have the means to proceed with the repair of the relevant defect or to replace the Client’s room with another of equivalent or higher category, the Client may terminate the contract and receive the price paid for the room, with no further claims from EG whatsoever.
11. Liability on the part of EG
- EG will only be liable for the Client’s damages or losses when such facts result from the culpable action of the company.
- EG does not assume any liability for loss of data provided by the Customer in the event of electronic transmission of payment data, being only liable to the Client in the event of culpable action.
- EG does not assume any responsibility for damage or accidents occurring inside the room or any part of the hotel, unless such accidents are caused by EG’s fault.
- EG will not be held liable to the Client in case of delay in the availability of the room when there is a valid reason for the room not being available on time.
- For the purposes of the preceding paragraph, valid reasons will be deemed to be those that make the availability of the room impossible or more difficult, such as, namely, strikes, lockouts, natural disasters and accidents in the room itself or at the hotel.
- In case of delay in making the room available after 6 p.m. on the day of booking, the Client may freely terminate the contract and the full amount of the reservation will be refunded.
- EG does not assume any responsibility for acts carried out by any employee of the hotel, unless he/she is in his/her normal working hours, properly identified and uniformed as a company employee.
- EG does not assume any responsibility, nor may it be held liable in any case, for the non-fulfilment of ancillary obligations.
- EG may not be held responsible for any act or omission of another Client, even if this is likely to cause damage or loss to another Client of the hotel. All damages caused to third parties by hotel Clients will be the sole responsibility of the same.
- EG shall not be liable to the Client for any loss of profit or indirect loss, even if resulting from failure to comply with the main obligation.
12. Duty to notify
In the event of theft or damage to property or, in the event of fire, water damage or other damage to the hotel room, the Client must immediately inform the hotel staff and do everything possible to assist in the resolution of the theft or of the damage repair.
13. Termination of the accommodation contract
- EG has the right to terminate the accommodation contract if the Client fails to pay the price in full and on time when it is due or fails to provide the required guarantee.
- Any contracting party may terminate the hosting contract summarily for due cause.
- EG shall have the right to immediately terminate the accommodation contract for due cause if the Client has any behaviour that affects the good coexistence, quiet or hygiene of the hotel, namely if during the stay in the hotel, the Client is under the influence of drugs or alcohol, uses the hotel room for prostitution practices, acts offensively towards the hotel staff or other hotel guests, disturbs the peace of other hotel guests, or in the past has made malicious false bookings and/or damaged or trashed the hotel or its facilities.
14. Content and Intellectual Property
By Content and Intellectual Property is meant all information present in EG’s physical and online media, including, but not limited to, trademarks, designs, logos, texts, images, photos, illustrations and audio or video materials.
The copying, alteration, reproduction, commercial exploitation, display, dissemination, distribution, transmission or use of the contents of EG, in any form or for any purpose, without the prior express authorisation of the company, is expressly prohibited.
In the event of usurpation and/or undue use of the above-mentioned elements by third parties, EG reserves the right to take legal action against the authors of the above-mentioned acts.
15. General provisions
- The Terms and Conditions fully regulate the Client’s stay at the hotel and the use of the room and common areas by the Client.
- No verbal agreement will be valid throughout the accommodation contract. Any changes to the contract between the parties will necessarily have to be set out in a written document signed by both parties, unless it is a unilateral declaration, in which case it must be in writing and signed by the issuer.
- EG will be entitled to have third parties carry out their obligations under and in the scope of the accommodation contract.
- The invalidity of one or more of the previous provisions shall not affect the validity of the remaining provisions. The invalid provision will be replaced by the valid provision, as close as possible to the commercial and legal intentions of the parties or, if that is not possible, by the Portuguese legislation in force.