General Terms

1. OBJECT

This website is managed by Caloura Hotel Resort, S.A. (hereinafter, “Caloura Hotel”), a company society with registered office at Rua do Jubileu, 27, 9560-206 Água de Pau, Lagoa, Portugal, with the identification number of legal entity 513287990.

These Terms and Conditions (hereinafter, “Conditions”) are applied to all users or customers of the website (hereinafter, referred to as “User (s)) and, as well, to any commercial transactions carried out the platform.

2. INTRODUCTION

When using this website and/or making online reservation, the User is bound by these Conditions and other policies that regulates the website (namely, Privacy Policy). “Caloura Hotel” requests that you carefully read the Conditions associated policies before using this website.

These General Terms and Conditions regulates the terms under wich services are offered to Cusomers. Any particular conditions of a proposed service prevail over these Conditions and, over both Conditions, others expressly satipulated in writing bewteen Caloura Hotel Resort SA and the Customer.

The contractual proposal relating to online accommodation reservation is destined only at people of legal age, with full capacity and who, therefore, can be responsible for the commitments resulting from the purchase and sale of the services sold.

If the Users does not agree, in whole or in part, with these Conditions, they should not access the website or the associated features and services. In particular, making any and all accommodation Reservations online depends on acceptance of these Conditions, so if you do accept them, you will not be able to use the website.

The acceptance of these Conditions by the User is carried out in their personal name. Furhermore, by accepting these Conditions, the Users expressly declares that they will not use the website and the facilities or services associated with its use, for ilegal and/or illicit purposes.

“Caloura Hotel” may, at any time, update, modify or replace, in whole or in part, these Conditions or the policies associated with them. The User will be responsible for the periodically checking any changes, and the use of the website will be regulated by the conditions at each time of access.
Your continued access and use of this website following the posting of any updates, moditifications or replacements to the Conditinos and associated policies, with the exception of the Privacy Policy, constitutes acceptance of and agreement to such updates, modifications or replacements.

Whithout prejudice to any changes to these Conditions, the Terms and Conditions in force on the date of confirmation will apply to each reservation.

When using this website, the User acknowledges that their personal data will be processed by “Caloura Hotel”, identified above, and declares that all information or data provided are true and correspond to reality. “Caloura Hotel cannot be held responsible for the inaccuracy of the information provided by Users on the website, as Users are entirely responsible for its accuracy, full information and updating.
All information and personal data provided by the User will be treated in accordance with the Hotel Privacy Policy.

If you have and questions regarding the Conditions or the Privacy Policy, you can contact us via email to info@calourahotel.com.

3. USE OF THE WEBSITE

3.1. Service availability

“Caloura Hotel” is not responsible for losses resulting from interference, interruptions, computer viroses, malfunctions or disconnections of these operating system that may temporarily prevent the access, navigation or the provision of services to Users.

Under no circumstances may “Caloura Hotel” (and/or its representatives or employees) be held responsible for any damages arrising, in any way, from the malfunction of this webiste, regardless of the amount of time such malfunction lasts, or for the any damages caused by the reproduction, use or exploitation of the websitethat violates the presente Conditions.

“Caloura Hotel” reserves the right to modify at any time the information and commercial offer presented regarding: services, prices, promotions and commercial conditions.

“Caloura Hotel has the exclusive right to, unilaterally, at any time and without need for prior notice, suspend or terminate, partiatly or completely, temporarily or definitively, access to the website, especially in management, maintenance operations, repair, alteration or modernization.

Violation of the presente Conditions by the User constitutes grounds for its resolution by “Caloura Hotel”, wich reserves the right, at any time, to terminate the use of the website and its facilities and services by the User in question, with or without notification to the same. In any case, violation of these Conditions by the User, and regardless of whether or not they are resolved, gives “Caloura Hotel” the right to be compensated for all losses arising therefrom.

3.2. Online Reservations

i) General Conditions

3.2.1 The general conditions regulate and are and integral part of the service provision contract concluded through the website between Caloura Hotel Resort, S.A. a company society with registered office at Rua do Jubileu, 27, 9560-206 Água de Pau, Lagoa, Portugal, with the identification number of legal entity 513287990 and the Client who signs the contract (“Client”), whose purpose is object of providing touristic accommodation services (“Accommodation”) (“Contract”).

3.2.2. The conclusion of the Contract, which takes place after confirmation of the reservation through the website, is carried our in accordance with the General Conditions, the knowledge and acceptance of which by the Customer is manifested through validation of the check box for that purpose on the reservation form, and also the Customer is aware of the Policy Privacy.

3.2.3. When booking any reservation, the Customer must correctly fill the respective form, indicating, in particular, the arrival and departure dates, the type of accommodation requested and associated supplements and the information of the number of people, with specifity of the children and babies who will occupy the accommodation, always subject to confirmation by “Caloura Hotel”, as well their pesronal data and payment information, taking full responsability for the choices made and for the information provided, which must be complete, true and updated.

3.2.4. Upon confirmation of the reservation details by the Customer, a reservation code is assigned to the Customer sent to the indicated email address, which must be informed in all contacts with “Caloura Hotel”, acquiring the Customer the right to Accommodation contracted at “Caloura Hotel”, under the terms and conditions described in the respective proof of reservation and in the contract, after payment under the terms of section iv) (Payment).

3.2.5. The Customer is fully responsible for obtaining and/or hiring the transport that allow them to enjoy the contracted services.

3.2.6. Likewise, the Customer has full responsability for possessing and/or obtaining the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) for entry into the country and/or location of the Hotel where accommodation is located, must inform themselves in a timely manner in this regard. “Caloura Hotel does not held any responsability for the refusal to Grant visas or entry permitions to the Customer in the country, in which case described of section viii) (cancellations) will apply.

ii) Accommodation and Price

3.2.7. The characteristics of the Hotel and Accommodation are those stated in the reservation. However, since the photografs of the Hotel were not take non the day the reservation is made by the Customer, there may be non-substancial diferences between the photograph and reality on the date of using the services contracted by the Customer, which do not give the Customer the right to any modification of the agreement.

3.2.8. The prices presented are per room, buta y be presented based on other characteristics, which in case will be duly indicated on the website when making the reservation. If i tis possible to make reservation for a number of people more than the normal capacity of teh accommodation, na extra bed may have to be placed, which may not have the same Comfort and quality as the other beds in the accommodation, reducing its usable area. The extra bed can only be used by children up to 12 years of age.

3.2.9 There is no charge for a child up to 2 years of age, as long as they stay in the same accommodation unit as the adults responsible for them. There is a charge for a child aged 3 to 12 years old staying in na extra bed. The Customer must, however, always inform “Caloura Hotel” about the inclusion of children in their reservation. Acceptance of the reservation may be subject to the number of cots and/or extra beds available, as well as the space in the accommodation unit.

3.2.10. Food regimes and their specifities, namely prices, are communicated to the Customer through the website when making a reservation.

3.2.11. If nothing is mentioned in the reservation, it only includes accommodation, with no food plan included.

3.2.12. If the Customer shows up with more people than those indicated in the reservation to use the accommodation, those responsible for the Hotel may refuse their entry, a situation for which “Caloura Hotel” cannot be held responsible.

3.2.13. Whenever there are reasons that justify it, the accommodation unit may be replaced by another of the or superior category, by written agreement with the cliente and without increasing the price paid by the cliente.

3.2.14. As a rule, the accommodation can be used from 14:00 on the day of arrival and must be left free until 12:00 on the day of departure (in both cases, at the Hotel’s local time). Staying at the accommodation beyond the scheduled departure time may result in the payment of addtional amounts, which are the sole responsability of the Customer. However, exceptions may be allowed, as long as they do not have effect on other reservations and/or cleaning work in the accommodation unit.

3.2.15. If the Customer does not arrive at the Hotel by 23:59 on the chek.in date indicate on the booking receipt, the Hotel may disregard the reservation and sell accommodation to third parties, a situation for which it cannot be held responsible.

3.2.16. The Customer must comply with the Hotel’s internal regulations for use, if any, and “Caloura Hotel” cannot be held responsible for losses suffered by the Customer as a result of its violation.

iii) Special Offers and Discounts

3.2.17. “Caloura Hotel” may carry out on the website, with a limited time or not, certain special offers and discounts on Reservations made by Customers

3.2.18. The following conditions apply to Special Offers and Discounts:

• a) To benefit from certain Special Offers and/or Discounts, the Customer may be asked to enter a promotional code or pay in advance for the reservation;
• b) The Special Offers and Discounts are subject to confirmation of availability;
• c) “Caloura Hotel” reserves the right to cancel Special Offers and/or Discounts or to reject a promotional code when the total value of the promotional code already used exceeds a certain financial value or when they are used fraudulently (namely, by anyone other than its owner/ beneficiary);
• d) Benefits, Special Offers and Discounts are only valid for reservations made through the website and are not transferable to third parties;
• e) In case of cancellation or non-use of a reservation made within a Special Offer or Discount, the value of the Special Offer or Discount will not be refunded, nor will be guaranteed to be reapplied to another reservation;
• f) If there is a change, on the Customer’s iniciative, to the characteristics and/or ownership of a reservation made within a Special Offer or Discount, the Customer may lose the benefit granted by the reservation, with the provisions applying, in case withdrawal, in section viii) (cancellation);
• g) The use of fraudulent mechanisms to obtain the Special Offer or Discount makes the Customer liable in general terms and gives “Caloura Hotel” the right to choose between (a) the applcation of the rate without discount and (b) the termination of the Contract, this resolution being equated, in terms of the consequences arising from it, to termination of the Contract by the Customer under the terms of clause 10.1, without prejudic to the right of “Calouora Hotel” to be compensated for all damages suffered;
• h) “Caloura Hotel” reserves the right to cancel and/or change Special Offers and Discounts at any time.

iv) VAT

3.2.22. Final reservation prices already includes value added tax at the legal rate in current lesgislation.

v) Payment

3.2.23 The Customer must pay the amount indicated on the reservation form as a prerequisite to be able to enjoy the contracted reservation.

3.2.24 Payment for the reservation can bem ade by the Customer (i) on the website, on the date the reservation is made or (ii) at the Hotel, on the case of entry into the accommodation (if this method is available for the type of booking. A higher amount may be required depending on the time of year, or when taking advantage of a promotion. In any case, there may or may not be refundo f the amount paid, depending on the cancellation policy presented on the reservation form.

3.2.25. Online payment must bem ade using a credito r debit card owned by you, within the listo f issuing entities with which the Caloura Hotel collaborates and which is available on the reservation form, with payments being accepted by the Hotel within the limits authorized by the entities broadcasters.

3.2.26. Payments made in person can only be made under the terms allowed by the Hotel, and the Customer must inform the Hotel in advance about which payment methods are accepted.

3.2.27. Payment Policy:

• Full payment at the moment of the reservation.

vi) Changes

3.2.28. Any change to the reservation made requires the express agreement of “Caloura Hotel”, which may imply changes in price and/or be suject to the payment of fees, calculated depending on the type of reservation, the date of change and applicable rate.

vii) Cancellations

3.2.29. The Customer is free to withdraw or canel the accommodation reservation at any time.

3.2.30. Regarding refunds, the following applies:

• Cancellations made until 14 days before reserved check-in date: 100% refund;
• Cancellations made from13 to 1 day before reserved check-in date: 75% refund;
• Cancellations made on the reserved check-in day or No Show: non-refundable.

viii) Impossibility of Compliance

3.2.33. When, for reasons not attibutable to it, “Caloura Hotel” is unable to fulfill obligations arising from the Contract, it must immediatly notifiy the Customer of this impossibility. If i tis impossible to comply with any essential obligation, the Customer may terminate the Contract without any penalty or accept in writing a change to the Contract and any change in price. The Customer must communicate their decision to the Hotel within 4 working days after receiving notification from “Caloura Hotel”, understanding, if they say nothing, that they agree with the change.

3.3. Complaints

3.3.1. “Caloura Hotel” has material and online Complaints Book, so if you wish to make a complaint about the service provided, you should request the complaint book at the Hotel front-desk or access to the website www.livroreclamacoes.pt.

3.4. Alternative Dispute Resolution

3.4.1 According to the Law n.º 144/2015 of 8 September, the Customer may also resort to the Alternative Consumer Dispute Resolution Entities duly indicated in the list available by the General Customer Directorate at www.consumidor.gov.pt, which we advise you to do so.

3.5. Guarantees

3.5.1 The civil liability of “Caloura Hotel”, arising from the obligations towards the Customer, is guaranteed by civil liability insurance contracted with Açoreana Insurance Company, with policy nº.A400030484, with a commercial value of EUR 2811,05, under the terms and with the exclusions established in the current legislation.

3.6. Personal Data

3.6.1 When writing out the reservation form, the Customer will be asked to provide certain data capable of identifying him/ her, which will be collected and processed by “Caloura Hotel”, in strict compliance with the law and in accordance with the set out in the website’s Privacy Policy.

3.6.2. “Caloura Hotel”, as responsible for the data processing, respects your privacy. Any abd all personal data collected on the website will be kept confidential and will not be sold, communicated or, in any way, reused by third partires without your authorization.

3.6.3 Any persoinal data provided to us will be treated in accordance with current legislation, with best practices and ensuring all technical and organizational security measures to protect them, which will be used for the ultimate purpose of executing the contract and improve your experience on our website. For more information about how we process your personal data, you should read our Privacy Policy, without prejudice to the privacy notices displayed in appropriate locations.

3.7. Communications and Notifications

3.7.1 All communications or notifications whithin the Contract must be made using the information provided by the Customer through the online form. Any change to the Customer’s data and, as well, any communication or notification sent by the Customer to “Caloura Hotel” must bem ade to the following contacts:

• info@calourahotel.com
• (+351) 296 960 900 (national landline call)

4. Changes to Terms and Conditions

“Caloura Hotel” reserves the right to modify or update these Terms and Conditions, informing the Customer of this fact regarding the use of the reservation service without notifying the Customer. The current version of the Terms and Conditions will be published on the page from the day it comes into force. Continuing to use the page after changing the Terms and Conditiions means acceptance of the changes in question. Any changes will not affect Reservations already made.

5. Legislation

These Terms and Conditions constitute a contract bewteen the Customer and “Caloura Hotel.

If any part of provision of these Terms and Conditions is considered null or ineffective, the remaining provisions remain in force, without affecting their overall validity, unless i tis possible to conclude that parties would not have agreed to provide of the service if they had foreseen the nullity or ineffectiveness of the provision in question. Potuguese legislation will apply to all disputes arising from the interpretattion or execution of the General Conditions. The Customer agrees that, whithout resorting to any of the alternative dispute resolution methods described in 3.4., any dispute will be resolved byt the Court of Ponta Degada, in accordance with Portuguese Laws.