These terms and conditions (as amended from time to time) governing use of this website and the agreement established between both parties (the “Terms”).
Charm Flats, formally known as Imobiliária Vila Flor S.A. is registered under No. PT-502662778, with offices in Lisbon, at Praça da Alegria 50, 1250-004, Portugal.
USE OF THIS SITE
These Terms are the only conditions applicable to the use of this website and prevail over any other terms, except in case of express agreement of the Hotel, prior written. When making a reservation, the user confirms that read out of these Terms, which accepts without reservation. These terms are important for both parties, as to protect the rights of the user, as a client, as well as our rights as a hotel and are intended to establish a legally binding agreement between the parties.
You agree that:
You may only use this website to make inquiries or reservations that are legitimate.
You will not make reservations for speculation, false or fraudulent purposes. If the Hotel has reasonable grounds to believe that a certain reservation has that character, it reserves the right to cancel and inform the competent authorities.
If you do not provide all the information we need, we may not be able to complete your reservation.
When making a reservation through this website, you acknowledge that you have at least 18 years of age and have legal capacity to contract.
The bookings are made based on management system of Charm Flats, portraying real availability. However the reservation is only enforced after sending confirmation.
FORMATION OF CONTRACT
The information contained in these Terms shall not constitute an offer to sell, but rather an invitation to negotiate. No contract will be established between the Hotel and you until the booking has been accepted by us – regardless of whether it had been already paid by debit account. If the reservation is not accepted after money has been taken from your account, the amount will be refunded in full.
To make a reservation you should follow the process of buying online and press the “Book”. You will receive an email confirming that your reservation was received by the Hotel (the “Reservation Confirmation”). You should be aware that this does not mean that your booking has been accepted. Any reservation is subject to its acceptance, we will confirm by sending an e-mail.
The contract of sale between Hotel and (Contract) will only will be formed with the Communication from the booking confirmation.
The Contract will relate only to reservations confirmation. The hotel does not have the obligation to provide any other reservations that may appear, until it has approved them.
Any reservation is subject to availability, the Hotel reserves the right to inform the user about the availability of alternatives, quality and value at which it can confirm. If the user does not have an interest in booking alternative, any sums paid will be reimbursed.
The hotel reserves the right at any time withdraw any offer contained in their reservation page. The Hotel shall not be liable to you or any third party, the withdrawal of any offer from this website.
RIGHTS TO CANCEL
You may cancel your reservation under provided conditions appearing in the reservation form and Reservation Confirmation. When listed as “If cancelled up to n days before date of arrival,” the time will be considered 0h00 of arrival date. For example, if the reservation starts on 10th of a given month, and the deadline is two days before arrival cancellation without charges must be made until 23:59 of the 7th.
Except in cases of obvious error, the price of services will be as indicated in each moment in our website.
Although the hotel try to ensure that all prices on the website are accurate, errors may occur.
If the hotel found that the price of a provision in a reserve is wrong, we will inform you as soon as possible, giving you the option of reconfirming the reservation at the correct price or cancelling it.
If the Hotel is unable to contact the user, the reservation will be treated as cancelled and you will be refunded any amount already paid.
The prices on the website include VAT, but exclude 2€ touristic tax per person, per day, with a maximum of 7 days being charged.
Prices are subject to change at any time but, except as noted above, this change will not affect reserves for which we have already sent a confirmation.
Payment can be made by credit card. To minimize the possibility of unauthorized access to your credit card, details are encrypted.
Authorization for payment must be given at the time of booking. Will not be given any debt on your credit card until your reservation has not been confirmed under the conditions of booking.
When you press “CONFIRM” you are confirming that you’re the cardholder.
The Hotel reserves the right to request authorization to debit your credit card and charge reservation fee of up to 30% of the reservation total.
The remaining charge will be made at the time when it is granted access to the Room / Apartment reserved (access code) except where specified in the reservation that is a full prepaid fee (usually new year’s eve)
In prepaid rates the debt will be made upon confirmation of booking.
PRIVACY AND SECURITY
The hotel uses Paypal and Caixa Geral Depósitos POS machine to ensure that payment is made safely. Credit cards are subject to validation checks and authorization by the issuer but if the card issuer does not authorize payment, the Hotel shall not be liable for any delay or failure to make the reservation and can not conclude the contract with the user.
The customer data and credit card are provided in confidence, being assured that customer data and the means of payment will not be disclosed to third parties other than the entity that will process the authorization and debit the credit card.
Personal data will be used solely for the purposes of the services requested by the client.
TAX VALUE ADDED
According to the rules and regulations, all purchases made through this website are subject to the Value Added Tax (VAT).
These are contained in each of the charges.
The reimburse of any amount paid will always be made to the credit card used to purchase the product.
LIABILITY AND EXCLUSIONS
The responsibility of the Hotel for any booking through this website is strictly limited to the purchase price.
You acknowledge and agree that all copyright, relating to trademarks and other intellectual property rights relating to any material and content supplied as part of this website shall remain at all times vested in the Hotel or its licensors . You are permitted to use this material only as expressly authorized by the Hotel or its licensors. This does not prevent you from using this website to obtain a copy of a book or the terms of the Contract.
The laws require that some of the information or communications to be in writing. By using this site, you accept that communication between you and the hotel will be mainly electronic. The hotel will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you agree to this means of electronic communication and acknowledge that all contracts, notices, information and other communications that the hotel provide to you electronically satisfy any legal requirement that such communications be in writing.
This provision shall not affect any rights of the user, resulting directly from the law.
All notices given by you to the Hotel must be sent via electronic form or e-mail.
The hotel can communicate with either the e-mail or other electronic medium (SMS) to the address given in the reservation.
Notice will be deemed received, 24 hours after sending an e-mail. The hotel will use the e-mail provided by the user.
The Hotel is committed to responding to the customer within 48 hours after receipt of a communication.
You agree to notify any change in contacts.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between the Hotel and the user is binding on the parties and their respective successors.
You may not transfer, assign or encumber its contractual position, or otherwise dispose of the Contract or any rights or obligations thereof, without the prior consent of the hotel, given in writing.
Hotel may transfer, assign or encumber its position to a contract, subcontract or otherwise dispose of the Contract or any rights or obligations of this Agreement at any time during its term. However, no transfer, assignment or encumbrance of such a position or an equivalent provision of the contract, have the effect of limiting the legal rights as a consumer or reduce or limit in any way, any guarantee provided by the user ,Hotel express or implied.
EVENTS OUTSIDE OUR CONTROL HOTEL
The Hotel shall not be liable for failure or delay in performance of any obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any event, act or omission beyond the reasonable control of the Hotel and such as but not limited to:
a) Strikes, lockouts or other industrial action
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d) Impossibility of the use of rail, rail, maritime, air, road or other means of public or private transport.
e) Impossibility of the use of public telecommunications networks or private.
f) Laws, decrees, regulations or restrictions of any government.
g) any strikes, interruptions or accidents or services of transport.
The obligation to comply with the Hotel in any Contract shall be suspended for the duration of a Force Majeure Event and will result in an extension of their duration of that period. The Hotel will make reasonable efforts to end a Force Majeure Event, or to find a solution by which the performance of its contractual obligations despite the existence of a Force Majeure Event.
If the Hotel at any time during the term of the Contract, stops insisting upon strict performance of any of your obligations from the contract or of these Terms, it does not constitute a waiver of such rights or powers and shall not relieve you from fulfilling their obligations.
The resignation of the Hotel to the exercise of any right or power, before a situation of default shall not mean a waiver of those rights or powers in case of a later event.
The resignation of the Hotel to any claim under the Contract or these Terms will be effective only if contained in a written communication sent to the user in the manner prescribed in clause Communications, where he explicitly states that it no longer exercises those claims.
The declaration of invalidity, illegality or unenforceability, by authority, of any provision of these Terms and Conditions shall not affect any of the other provisions, which shall remain in full force.
These Terms and any document referred to in them constitute the entire agreement between the parties relating to the formation of a Contract and supersede any prior agreement, understanding or arrangement, if made in writing or orally.
Both parties acknowledge that by entering into a Contract, neither was their motivation in a statement, commitment or promise made by the other, or it could be considered implied from anything said or written in negotiations between the parties time prior to such Contract except as expressly stated in these Terms.
Neither party may rely on the fact that the other have produced untrue statement, either orally or in writing, prior to any Contract – unless such statement was made fraudulently, causing a breach of contract as provided in these Terms.
AMENDMENT OF TERMS AND CONDITIONS FOR THE HOTEL
LAW AND JURISDICTION
Contracts for the purchase and sale of products through our site are governed by Portuguese Law. Any dispute arising out of or relating to these contracts is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause does not affect your statutory rights as a consumer.