Algar Seco Parque Administração de Propriedades Unipessoal Lda.
Booking Agreement and Booking Conditions
1. Our Services
We rent holiday homes, bungalows and holiday flats (hereinafter referred to as holiday home) to our customers and arrange hotel accommodation, rental cars, taxi transfers, golf courses, tee times as well as insurance for third party service providers (hereinafter referred to as third party services)..
2. Exclusive Application
All our services are based on our terms and conditions. The brokered external services are exclusively based on the terms and conditions of the respective service provider.
3. Offer, registration, confirmation
3.1 Our offers are non-binding. You can book your trip in person, by fax, email or in writing. With your travel registration you offer us the binding conclusion of the contract. The contract comes into effect with our acceptance.
3.2 The registration is made by you also for all participants listed in the registratio.
3.3 After registration, you will receive a confirmation containing all essential details about the services you have booked, unless these can be found in our brochures or price lists.
3.4 Your reservation and our confirmation always refer to a type of accommodation, not to a specific holiday home, even if your request is noted on your reservation and our confirmation.
4.1 Together with your registration, please transfer a down payment of 30% of the total amount (including booked external services such as rental car, hotel, golf courses).
4.2 For us the booking becomes binding after receipt of the down payment.
4.3 The balance becomes due 30 days prior to your arrival date. In case of short-term registration and booking within the 30-day period, the entire invoice amount is due immediately.
4.4 We are not obliged to provide the client with documents relating to the services agreed with him before our services have been paid for.
4.5 We will refund your down payment immediately if we are unable to confirm your booking and you have not accepted our alternative offer.
4.6 If your booking contains different seasonal periods, the price is calculated on a pro rata basis.
5. Conditions for the rental of holiday homes
5.1 The holiday home can be occupied from 3 pm on the day of arrival and returned before 10 am on the day of departure. The customer shall inform us of his expected time of arrival at the holiday home no later than 14 days prior arrival.
5.2 The customer undertakes to treat the holiday home with care. He is liable for all damage caused to the holiday home and its furnishings during the rental period by him or the other participants. We are entitled to demand an appropriate deposit when the keys are handed over. The deposit will be refunded upon proper handover of the rental property after deduction of any incidental costs. The refund shall not affect any claims for damages on the part of the lessor or manager.
5.3 The agreed rent includes all utilities of the holiday home with the exception of the costs for telephone and firewood and, if applicable, electricity (according to consumption). The customer settles these costs with us directly.
5.4 The customer is responsible for ensuring that the holiday home is only occupied by the persons named in the registration and confirmed by us in terms of numbers.If the holiday home is occupied by a greater number of persons than the maximum permitted, we are entitled, at our discretion, to expel the excess persons, to terminate the rental contract without notice for good cause or to increase the agreed rental price by a proportion corresponding to the additional occupancy.
5.5 The stay of animals, guide dogs or emotional support animals (ESAN) in the holiday home are only permitted with our express written consent. If the customer's animals stay in the holiday home without our consent, we are entitled to terminate the rental contract without notice for good cause.
5.6 Information which does not relate to the holiday home itself but to local conditions (e.g. landscape, road conditions, equipment of the holiday resort and its surroundings with sports, leisure and other facilities) is always non-binding.
6. Service and price changes
6.1 Changes in or to the holiday home compared to the information and description in the brochure that occur after conclusion of the contract and were not brought about by us contrary to good faith do not entitle the customer to assert claims against us, regardless of the legal grounds, insofar as the changes are not significant.
7. Cancellation, rescheduling, substitute person
7.1 You can withdraw from the contract concluded with us at any time before your arrival. The withdrawal should be declared in writing.
Flats, bungalows, suite: In case of cancellation up to 30 days prior arrival, the customer will not be charged any cancellation fees. In case of cancellation from the 29th day prior arrival, the costumer will be charged with 100% of the total amount of the rental contract.
Special conditions for villas: if the contract is cancelled more than 75 days prior arrival, the client will not be charged any cancellation fees. In case of Cancellation in the period from the 75th to the 30th day prior arrival, will incur costs of 30% of the total amount of the rental contract. In case of cancellation from the 29th day prior arrival, the costumer will be charged with 100% of the total amount of the rental contract. The cancellation fee is waived or reduced if you prove that no damage or a lesser amount of damage has been incurred.
7.2 At your request, we will make changes of your reservation up to 75 days prior arrival. (changes of date and/or holiday home). We charge a rebooking fee of €50.00 per change. Rebooking for holiday homes with a rental start date of 75 days or less are not possible. Unless you provide a substitute person, you can only withdraw from the contract and make a new booking.
7.3 The cancellation and rebooking conditions stated in paragraphs 7.1 and 7.2 only apply to the rental of the holiday homes. In the event of rebooking or cancellation of third-party services arranged by us, the terms and conditions of the respective service provider shall apply exclusively.
7.4 You can arrange a substitute person for yourself or the other participants up to the date of travel. This requires notification to us. A rebooking fee of €25.00 will be charged for this, plus any costs arising from the rebooking of the third-party services. We can object to the change of person if we have important reasons for doing so (e.g. legal prohibitions). In case of objection by us, the usual cancellation conditions apply.
7.5 Cancellation and rebooking fees are due immediately.
8.1 For your own safety, we strongly recommend that you take out travel cancellation insurance. We also recommend that you take out travel accident and travel health insurance. In many cases, these insurances will reimburse you for most of the agreed cancellation costs or additional return travel costs in the event of necessary travel cancellation or early return travel for important reasons. If an insured event occurs, the relevant insurance company must be notified immediately. We are not involved in the settlement of claims.
9. Extraordinary circumstances
9.1 We are entitled to withdraw from the contract before the start of the rental period if the agreed service is made more difficult, endangered or impaired as a result of extraordinary circumstances unforeseeable at the time the contract was concluded, such as war, strikes or incidents in Portugal which are equivalent in their effects to the aforementioned examples; civil unrest, epidemics, sovereign orders (e.g. confiscation of accommodation or means of transport, embargoes), natural disasters, considerable weather influences, destruction of accommodation facilities or cessation of operations by service providers.
9.2 In these circumstances, we will immediately refund the rental price paid. Further claims do not exist.
9.3 If the circumstances referred in paragraph 9.1 arise after the start of the rental period, either you or we may terminate the contract. If the contract will be terminated, we are entitled to claim an adequate compensation for the services already rendered or still to be rendered until the termination of the rental.
9.4 We may terminate the travel contract without notice if the traveller or a participant in the tour persistently disturbs the performance of the tour despite a warning or endangers others through his/her behaviour or otherwise behaves in a manner contrary to the contract. If we terminate the contract, we retain the right to the tour price.
10. Scope of liability, exclusion of liability
10.1 We are not liable for service providers in the area of third-party services that are merely mediated and expressly identified as such.
10.2 We are not liable for service disruptions in the area of local supply and disposal facilities (e.g. water, electricity and other energy), except in the case of physical injury.
10.3 Insofar as we are liable for services, our liability is limited to three times the amount of the rent agreed with us, insofar as damage to the traveller was caused neither intentionally nor negligently.
11. Duty to cooperate, complaints
11.1 In the case of service disruptions, each traveller is obliged to do everything reasonable to help remedy the disruption and to keep any damage to a minimum.
11.2 If, contrary to expectations, you have reason to complain, you must inform us immediately. If a traveller fails to comply with these obligations, he/she shall not be entitled to any claims in this respect.
12. Exclusion of claims and limitation
12.1 Your claims must be lodged with us within one month of the contractually stipulated return date. After the deadline has expired, you can only assert claims if you were prevented from meeting the deadline through no fault of your own.
12.2 All claims from the rental contract to which you may be entitled against us in connection with the booking expire 12 months after the contractually agreed return date.
12.3 The limitation period is suspended if we first tell you that the complaints and claims will be examined. The suspension ends when we inform you of the result of our examination and our decision with regard to your claims.
13. Passport, visa, customs, foreign exchange and health regulations
The traveller is responsible for compliance with passport, visa, customs, foreign exchange and health regulations. All disadvantages arising from non-compliance with these regulations shall be borne by him/her, even if these regulations should be changed after booking.
14.1 We reserve the right to correct errors as well as printing and calculation errors.
14.2 All information in our brochures is correct at the time of going to press.
14.3 The invalidity of individual provisions of the rental contract shall not result in the invalidity of the entire contract. The same applies to these terms and conditions.
14.4 Information of all kinds is provided to the best of our knowledge, but without guarantee.
14.5 The contractual relationship shall be governed exclusively by Portuguese law.
Place of fulfilment for this contract is Lagoa, place of jurisdiction is Portimão.
Algar Seco Parque, Administração de Propriedades Unipessoal Lda., Soc. por Quotas, Capital Social
realizado €7.500. Registrado na C.R.C. de Lagoa No. 195 fls 99 do Livro C-1, Contribuinte 501378073, RNET 5132