Terms and Conditions of Casa Viegas – Accommodation Contract “Agreement”
These General Terms and Conditions apply for Casa Viegas Accommodation Contract (hereinafter referred as Contract) determinates terms and conditions of accommodation services as well as all other services and supplies rendered to Guest, Agent (hereinafter referred to as “Customer”) at Faro Av. Poente 1, 8005-520 Faro, Portugal registered in Portugal (hereinafter referred to as “Casa”) with the following trade name:
Casa Viegas
Portugal, Faro Av. Poente 1, 8005-520 Faro.
Deviating terms, also to the extent included in the General Terms and Conditions of the Customer, shall not apply unless expressly approved by the Casa in writing.
1. Conclusion of the Contract
a. Upon the Customer‘s request for a reservation, a Contract is brought about by the Casa ‘s corresponding confirmation of the reservation.
b. Contractual partners are the Casa and the Customer. If a third party has made the reservation on behalf of the Customer, this party shall be liable vis-à-vis the Casa jointly and severally with the Customer for all obligations resulting from the Contract if the Casa is in possession of a corresponding declaration given by the third party. Independent therefrom, any Ordering Party is obliged to pass on all booking related information to the Customer, in particular the present General Terms and Conditions.
c. Sub- and re-leasing of rooms as well as their usage for purposes other than accommodation require the prior written consent of the Casa.
d. Bookings can only be done by contractually capable people.
2. Obligations
a. Upon the Customer‘s request for a reservation, a Contract is brought about by the Casa‘s corresponding confirmation of the reservation.
b. The Casa is obliged to have the booked rooms available according to the present General Terms and Conditions and to fulfil the services agreed upon. The Casa is by virtue of important reasons fully entitled to accommodate the Customer in another Casa with comparable standards and services for the price agreed without recourse if the accommodation in the booked Casa is not possible.
c. The Customer is obliged to pay the prices applying to or agreed on for the provision of accommodation and additional services the Customer has made use of, respectively booked. This also applies to services and expenses of the Casa vis-à-vis third parties incurred for performances rendered upon the Customer’s request.
3. Services, Prices, Payments
a. The prices agreed include the applicable statutory Value Added Tax and the local applicable taxes.
b. The prices may be changed by the Casa if the Customer subsequently wants to change the number of the booked rooms, the service of the Casa, the date of arrival, or the duration of the Customer’s stay and the Casa gives its consent thereto.
c. The Casa is entitled to request, on the conclusion of the Contract, before or later, a reasonable advance payment or security deposit. The amount of the advance payment and its due date may be agreed upon in the Contract, in writing.
d. In reasonable cases, e.g. if the Customer is in arrears with the Casa’s payments, the Casa is entitled to request an advance payment or security deposit respectively the increase of the contractual advance payment or security deposit up to the full agreed payment, also after the conclusion of the Contract.
e. The amount of security deposit is usually 30% of the total agreed price of accommodation and connected services.
f. The amount of security deposit is non-refundable under any circumstances.
g. The total amount, less potential deposits, as detailed in an itemized bill, is due upon arrival unless otherwise arranged beforehand.
4. Arrival and Departure, Other Regulations for Casa Viegas
a. Booked rooms shall be available at the Customer’s disposal from 15:00 on the agreed date of arrival. The Customer shall not be entitled to an earlier provision.
b. Booked rooms shall be taken by the Customer on the agreed date of arrival by 21:00 at the latest. Unless a later time of arrival has been guaranteed by prepayment or credit card, the Casa has the right to place the booked rooms with other Customers after 21:00, without the contractual party being able to claim any compensation as a result thereof.
c. On the agreed date of departure, the rooms shall be vacated and at the Casa’s free disposal by 10:00 at the latest. Thereafter, the Casa may charge for use exceeding the contractual time, beyond the damage incurred to it thereby, 100 per cent of the full applicable daily room rate (list price). The Customer is free to prove vis-à-vis the Casa that no damage or a considerably lower damage has been incurred to the Casa. If late departure has been pre-booked, the departure time extends to 15:00.
d. If the actual number of Customers exceeds the number booked and expected, accommodation is not guaranteed for these additional group members.
5. Revocation by the Costumer / Failure to take advantage of booked services
The Casa grants to the Customer the right to revoke the Contract at any time. In this respect, the following provisions shall apply:
a. Individual bookings for up to 12 persons: can be cancelled free of charge until 23:59 3 days before day of arrival, unless otherwise agreed. In case of a short termed cancellation after 00:00 2 days before the day of arrival or in case of no show, the Casa is entitled to reasonable compensation. The lump sum to be paid in cases of revocation is 100 per cent of the contractually agreed total price for the accommodation and services.
b. For cancellations made 29 to 14 days before expected arrival, 50 per cent of the agreed-upon total price will be due.
c. For cancellations made 13 to 3 day(s) before expected arrival, 75 per cent of the agreed-upon total price will be due.
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d. Customers who either cancel on the day of their expected arrival or simply do not show up will be charged 100 per cent of the agreed-upon total price in full.
g. The Customer is free to prove that the Casa did not suffer any damage, or that the damage incurred to the Casa amounts to less than the lump-sum revocation compensation claimed.
h. The above provisions on the compensation shall apply if no other regulations have been declared in the Contract (e.g. for bookings during special dates)
i. A withdrawal of the Contract entered with the Casa, has to be submitted in writing. The cancellation is not, however, valid without the written affirmation of the Casa. Failing that, the original price stipulated in the Contract must be paid in full even if the Customer fails to take advantage of the services stipulated in the contract.
6. Revocation by the Casa
a. In case an advance payment agreed or stipulated in clause Paragraph 3. c) d) e) and g) is not performed within a period prescribed for this purpose, the Casa is entitled to revoke the Contract.
b. Moreover, the Casa shall be entitled to extraordinary revocation of the Contract for good cause, in particular, if
c. force majeure or other circumstances which do not fall under the scope of responsibility of the Casa make it impossible to perform the Contract;
d. misleading or incorrect statements of material facts have been used in booking rooms, for example, with respect to the person of the Customer, or the purpose;
e. the Casa has justified reason to assume that in case the Customer makes use of the Casa’s services the smooth business operations, safety, or reputation of the Casa in the public may be impeded, without such matters being attributable to the Casa’s power of control or organisation;
f. an infringement of clause Paragraph 1. c) or d), clause Paragraph 4. b) f) or g) exists;
g. the Casa has gained knowledge that the financial situation of the Customer has considerably worsened after conclusion of contract, in particular if the Customer does not pay for due claims of the Casa or does not provide sufficient security and as a result payment claims of the Casa appear to be endangered;
h. The Casa is obliged to inform the Customer of the exercising of the revocation right in writing without delay.
i. In the above cases of revocation the Customer is not entitled to compensation for damage.
7. Liability of the Casa, Limitation
a. The Customer is liable for all inventory losses and damages caused by misuse, carelessness or negligence. Should the guilty individual not come forward or be discovered, the group as a whole will be held liable. Upon the arrival of a group, the Casa retains the right to collect a security deposit in the amount of 200,- EUR. Upon departure, this deposit will be reimbursed in full so long as no damage to Casa property has been caused by the group. Damages that are at higher costs than the security deposit, have to be paid on the spot.
b. If any interference with the performance of any obligation or if defects in the services of the Casa occur, the Casa will, on immediate complaint of the customer, endeavour to remedy the same. If the Customer fails culpably to notify a defect to the Casa, this shall not result in a right to reduce the contractually agreed remuneration.
c. The Casa shall be liable for any other damage caused by slight negligence only if such damage results from the violation of a material contractual obligation or a cardinal duty in a way that endangers the purpose of the Contract. In these cases liability shall be limited to the damage typically foreseeable for such type of contract.
d. The foregoing limitations of liability shall apply for any claims for damages, irrespective of their legal basis including claims arising from tort. Aforementioned limitations of liability shall also apply in cases of any claims for damages of a Customer against employees or vicarious agents of the Casa. They do not apply in the cases of liability for a defect after a guarantee for the quality of an object or a work was given, or in cases of fraudulently concealed defects or injury to persons.
e. The Casa shall not have any surveillance obligations for the vehicles.
f. The Customer’s claims for damages shall fall under the statute of limitations one year at the latest from the time the Customer obtains knowledge of the damage, or, irrespective of this knowledge, three years at the latest after the damaging event. This shall not apply to the liability for damages arising from the injury to life or limb as well as for any other damage based on a breach of duty through wilful intent or gross negligence on the part of the Casa, a legal representative or a vicarious agent of the Casa.
8. Final Provisions
a. Changes or amendments to the Contract, in the acceptance of the offer or to these General Terms and Conditions shall be made in writing. Unilateral changes or modifications on the part of the customer shall be invalid.