Terms & Conditions
1. General Information
Companies:
Alditurismo – Exploração Turística S.A.
Rocha Baixinha, Apartado 6115, Olhos de Água, 8200-379 Albufeira, Portugal TAX ID: 507 947 843
Eva – Sociedade Hoteleira S.A.
Avenida da República nº1, 8000-078 Faro, Portugal TAX ID: 502 027 908
Maria Nova – Sociedade Hoteleira S.A.
Rua António Pinheiro 17, 8800-323 Tavira, Portugal TAX ID: 513 847 863
Rochoriental – Sociedade Hoteleira S.A.
Av Tomás Cabreira, Praia da Rocha, 8500- 802 Portimão, Portugal TAX ID: 500 480 109
VICFALESIA – Sociedade Hoteleira S.A.
Rua do Pinhal Açoteias, Praia da Falésia, 8200- 593 Albufeira, Portugal TAX ID: 514 199 644
CABANAS FORMOSA – Exploração Hoteleira, SA.
Rua Tuberária Major, Cabanas de Tavira, 8800- 591 Tavira, Portugal TAX ID: 500 404 780
Títulos & Premissas, Lda.
Largo Vasco da Gama, 38 – 41 4900 – 322 Viana do Castelo Portugal TAX ID: 516 681 877
SINERAMA-ORGANIZAÇÕES TURISTICAS E HOTELEIRAS S.A.
Rua Marquês de Pombal 110, 7520-227 Sines Portugal TAX ID: 501 452 508
SOLAGO – INVESTIMENTOS TURÍSTICOS, S.A
Estrada Nacional 2, AP Lago Montargil Conference & SPA 7425 – 144 Montargil Portugal TAX ID: 500 418 551
All previous companies (hereinafter, “AP Hotels & Resorts” *) market hotel services and provide information on companies related to the brand AP Hotels & Resorts (hereinafter, “AP Hotels & Resorts Group”), through the site www.ap-hotelsresorts.com (hereinafter “Site”).
The site use and the Services hiring (hereinafter, “Services”) offered in it implies as part of the Users and/or Costumers (hereinafter, both “User”) the agreement of the General Conditions of Hiring, Particular Conditions defined in the acquiring process and the Rules related to the Privacy, that is regularly updated, it is, therefore, important that the User read it each time he visits the Site, as well as any particular terms and conditions for each Service that also should be accepted.
For the simple navigation through the Site, there is no agreement between the AP Hotels & Resorts and the User.
AP Hotels & Resorts offers through the site information related to Services marketed in it. The site provides information related to the marketed hotels by AP Hotels & Resorts (hereinafter, “Hotels”).
By accessing and using the Site, the user agrees to accept the General Terms and Conditions provided below (hereinafter, “Terms and Conditions”), so it is recommended to carefully read this section before you begin. AP Hotels & Resorts reserves the right to change, modify, add or delete at any time part of the Terms and Conditions and to make changes to the Services, without prior notice.
All the resources and the technical requirements needed to access the Site and the Services shall be exclusively supported by the User, as well as any expenses or charges that may arise from the provision of services.
* The transaction through the Site will be billed by one of the companies listed, with which the contract is signed. These Terms and Conditions shall apply to each of the companies mentioned above and, therefore, the expression AP Hotels & Resorts refers to any one of them.
2. Exclusion of Liability
AP Hotels & Resorts is not responsible for damage or loss arising from the access, use or misuse of the Site content. The Site is used by exclusive responsibility and risk of the User. Or AP Hotels & Resorts, nor its representatives or agents will be responsible for any loss, direct or indirect damages, particular or causal, related in any way with the use of the Site or any information contained in it. By accepting the terms and conditions, the User expressly renounces any claim against AP Hotels & Resorts due to the use of the Site or of the information contained in it.
3. Responsibility for the Content
AP Hotels & Resorts is not responsible for any potential discrepancies that may exist between the printed version of its documents and the electronic version of it published on the Site. The documents and photographs published on the Site may include technical inconsistencies or typographical errors. The information suffers regular changes and AP Hotels & Resorts has the right to make improvements or changes to the Services described here at any time.
AP Hotels & Resorts is not responsible for the veracity of the information that has not itself created and does not assume any responsibility under any circumstances for damages that may arise from the use of such information.
4. Industrial and Intelectual Property
This Site contains and makes references to rights of industrial and intellectual property of AP Hotels & Resorts. All the Site contents, such as text, graphics, logos, icons, images, data collections, as well as software, are the exclusive property of AP Hotels & Resorts, protected by the international laws of copyright. AP Hotels & Resorts reserves the right to bring a civil action and/or criminal against any physical or legal entities, as well as their representatives that violate the Terms and Conditions established here, in particular with regard to copyright.
The Site is not intended to be distributed, used or accessed by people from jurisdictions in which the visit to this Site leads AP Hotels & Resorts to violate any law or regulation in such jurisdiction.
5. Legal age of Majority and Capacity to Consent
The User states that has legal age (over 18 or 21 years in some jurisdictions) and that enjoys the legal capacity necessary for the acquisition of Services provided on the Site, according to with its Terms and Conditions, that you understand fully. AP Hotels & Resorts should not, under any circumstances, be liable in the event that the Services are contracted by a minor, being held responsibility the minor, his parents or legal representatives, which must assume the costs and the consequences that may result from such contract. The access to the Site is the responsibility of the Users.
6. Agreement of the Terms and Conditions
Once the User has accessed the Site in order to hire the Services, he must follow all indications and instructions included in the acquirement process, accomplishing for the purpose the Terms and Conditions and other forms established for each service, implying the reading and agreement of all the General and Particular Terms and Conditions apply.
By accepting the Terms and Conditions, the User ratifies the agreement with AP Hotels & Resorts, confirming the dates indicated on his reservation, the chosen Hotel, the number of rooms and guests, and any other Terms and Conditions related to the service described in the acquiring process. The User undertakes to confirm the veracity and accuracy of the provided information, being null and without effect any contract in which the User has provided false information. No receipt or document whatsoever for false information will be accepted in any Hotel. If a User has made a reservation using false information, will be held responsible for the processing and operating costs incurred of the reserve and will have to compensate the Hotel for loss of income arising from the reservation of rooms that are not hired by the User or by third
parties.
The Terms and Conditions and the price of booking are those specifically presented in the hiring process, as the AP Hotels & Resorts reserves the right to modify prices since the User is previously notified.
As soon as hired, AP Hotels & Resorts will issue by email to the User the evidence and/or applicable documents to the reservation in question.
These Terms and Conditions, the particular terms and conditions related to the sale of the reserved rate by the User and the receipt of the booking confirmation or reservation request, express in full the obligations between the parts.
No general or specific terms and condition communicated by the User can be inserted under the Terms and Conditions described here.
The documents which form part of the contractual obligations between the parts are, in order of priority, the receipt of the booking confirmation or reservation request (including the particular terms and conditions of the reserved rate) and these Terms and Conditions.
In the case of discrepancy between the evidence of booking and the Terms and Conditions, the terms established in the proof of the booking confirmation are the only terms and conditions applicable to the obligation in question.
7. Rates and Billing
On discrimination of the rate is detailed the final price of the hired Service, as well as indirect taxes or any other applicable tax or fee.
AP Hotels & Resorts will not send to Users under any circumstance, any invoice, receipt or any other documents related to the booking in paper format. The User accepts the commitment of the AP Hotels & Resorts Group with the environment and therefore accepts the electronic mean for receiving documents.
Prices related to reservation of the Services will be displayed before and during the booking process.
The prices shall be expressed per room, the number of guests and selected date.
Prices will be confirmed to User with all taxes included, in the commercial currency of the Hotel every bookings, irrespective of their origin, shall be paid in the currency of the Hotel.
8. Payments Methods
AP Hotels & Resorts will indicate on the booking form the payment methods available, depending on the hotel and the time in advance of it. The user must make the payment through any of the payment methods available.
Based on the time in advance of booking the Hotel, the payment methods available are the following:
- Credit card payment: this payment method can be utilised in the following ways:
- Total value of the booking at the moment of the booking confirmation.
- Split payment: at the moment of booking, must be paid 25% of the total price indicated in the information on the booking and the remaining value upon arrival.
- Full payment upon arrival at the Hotel.
- In the case of a payment be made with a card whose holder is not the same person who will enjoy the reserve, the holder must provide additional information related to what is required in the purchasing process. If this information is not provided properly, the payment must be done at the hotel and, if it is not provided, the reservation will not be valid.
- Payment at destination: payment required by the User, in cash or by credit/debit card upon arrival to the Hotel.
- The User agrees that the payment method used belong to him and the data provided are correct, authorising AP Hotels & Resorts charging the contracted services and to cancel or modify the payment process in the case of the existence of any reasonable indication of the chosen payment method is being incorrectly used.
- Cash payment: cash payments should be made in the currency used by the Hotel upon arrival to the unit, and may not process payments exceeding 1.000 euros.
9. Additional Services
When the third-party services that offer different services of hotel reservations, such as flights, rail and bus transportation, or car rental, are promoted on the website in any other way, these services are operated by third parties and shall be governed by their own terms and conditions of this service provider. The AP Hotels & Resorts is not responsible for the correct performance of service or for any other contingency of these service providers and, in particular, is not responsible for delays, cancellations or mistakes in the published information.
10. Reservations and Cancellations
The User will be able to modify or cancel the booking through the Site or call center. The terms and conditions of modification, cancellation or no show of the booking are presented in the hiring process specified on the Site and when the User make the booking, he expressly confirms that he is aware of it and accept them.
Is understood as a change:
- Change the arriving date.
- Shorten the initial booking length.
- Change the number of the booking rooms, in case that the reservation is realised in the cancellation period pointed on the Site.
- Change the number of guests in the booking.
The change in the name of the User that made the reservation
will be considered as a cancellation.
11. Hotel Stay
Upon arrival at the Hotel, the reservation should be confirmed by the corresponding receipt of confirmation.
The User commits to take the booking confirmation receipt and present it in the check-in, accepting that, in case that the document is not presented, cannot be guaranteed the Terms and Conditions of the reservation.
The User accepts and commits to utilising the room and the Hotel dependencies in an appropriate way. Any incorrect behaviour that does not comply with the practices of morality and public order may enable the Hotel to ask the User to abandon the establishment without any compensation or refund if payment has already been made.
The introduction of food in the Hotel by the Users will require the signature of a document by the User dispensing the Hotel from any and all liability. This document will be provided at the Hotel front desk.
12. Validity of Offers
The Site offers shall be valid only during the time that is available to Users for their effective acquirement through the established purchasing process.
The value displayed on the Site is based on the rate in force for the country of residence of the user, using as a reference the User’s IP address. In the case of incorrect calculations due to the discrepancy between the User IP of access and his country of origin, the AP Hotels & Resorts reserves itself the right to change the value displayed in the system, after having notified the user.
If AP Hotels & Resorts cancel the reservation due to a major act of force, the reservation will be cancelled without complaint or claim. This should be communicated to the User, whenever possible, through the communication channel used at the moment of the booking confirmation.
13. Preservation Principle
In the case of one or more of the many clauses contained in the Terms and Conditions be declared totally or partially null and without effect, this statement will only affect the related clauses or part of it, subsisting the validity of the Terms and Conditions in all other clauses and considering such clauses or affected part as not included.
14. Notifications
All notices, requests, petitions and other communications eventually made by the parts related to the present General Conditions, shall be made in writing and will be understood as properly performed whenever hand-delivered or sent by post to the address of the other party or to the corresponding email address.
15. Jurisdiction and Applicable Law
Any conflict arising out of the use of the Site shall be governed by the applicable laws of the Republic of Portugal and by the Courts of Albufeira.
16. Alternative Dispute Resolution
In the event of a dispute, the consumer can turn to an alternative consumer dispute resolution body:
Algarve Consumer Information, Mediation and Arbitration Center
Rua Monsenhor Henrique Ferreira da Silva Nº 9 – 3º – Edif. Ninho de Empresas – Sala 26 in Faro
e-mail: cimaal@mail.telepac.pt – www.cimaal.pt – Tel 289823135 Fax 289812213 Law No. 144/2015 of September 8