INTRODUCTION
These terms and conditions (changeable at any time) govern the use of this website and the agreement between both parties (the “Terms”).
These Terms enshrine the rights and obligations of all users (“The User”), on the one hand, and those of Pedra Pintada, Lda. (“the apartments”), on the other hand, relating to the goods/services available on this website or any other another website to which there is a link, hereinafter collectively referred to as “services”. Before pressing the “Authorize payment” button at the end of the booking operation, you should carefully read these Terms as well as our Privacy Policy.
If you do not agree with these Terms or the Privacy Policy in its entirety, you must refrain from making any reservation.
If you have any questions about these Terms or the Privacy Policy, please contact us using our electronic form.
Pedra Pintada – Imóveis e Serviços, LDA, is registered under NIPC 508883717, with an office at Rua 1.º de Dezembro, 34 – 2890-214 Samouco – Portugal.
USE OF THIS SITE
These Terms are the only conditions applicable to the use of this website and prevail over any other conditions, except in case of express agreement of the apartments, given in advance in writing. By making a reservation, the user confirms that he has read these Terms, which he accepts without reservation. These Terms are important for both parties, as they aim to protect the rights of the user, as a customer, as well as our rights as suppliers and are intended to establish a legally valid agreement between the parties.
The user accepts that:
You may only use this website to make legitimate inquiries or reservations.
You will not make reservations of a speculative, false or fraudulent nature. If Charming Point has reasonable grounds to believe that a particular reservation is of that nature, it reserves the right to cancel it and inform the competent authorities.
You must provide Charming Point with an e-mail or postal address, or data relating to another form of contact, which are correct and complete and you accept that Charming Point may contact you using such data, if it deems it necessary (see Privacy Policy). Privacy).
If you do not provide Charming Point with all the information it deems necessary, it may not be possible to complete your reservation.
When making a reservation through this website, the user declares that he is at least 18 years of age and has the legal capacity to contract.
SERVICE AVAILABILITY
Reservations made are based on Charming Point’s management system, and availability is duly indicated. However, the reservation is only made after sending your confirmation.
FORMATION OF THE CONTRACT
The information contained in these Terms does not constitute a sale proposal, but a mere invitation to negotiate. No contract will be established between Charming Point and the user without the reservation being accepted by the user (regardless of whether or not a debit has been made to the user’s account). If the reservation is not accepted after any debit has taken place on the user’s account, the respective amount will be refunded in full.
To make a reservation, you must follow the online purchase process and press the “Authorize payment” button. You will then receive an email confirming that your booking has been received by Charming Point (the “Booking Receipt Confirmation”). Please note that this does not mean that your booking has been accepted. Any reservation is subject to its acceptance, which will always be confirmed by sending an email.
The purchase and sale contract between Charming Point and the user (Contract) will only be formalized with the communication of the Reservation Confirmation.
The Agreement will only concern reservations on confirmation. Charming Point will have no obligation to provide any other reservations that may appear until confirmed.
PRODUCT AVAILABILITY
Any reservation is subject to availability. Charming Point reserves the right to inform the user about the existence of alternatives, of equal or superior quality and value, which the user can confirm. In the event that the user is not interested in the alternative booking, any amounts paid by the user will be refunded.
REFUSAL OF RESERVATION
Charming Point reserves the right to withdraw any offer on its booking page at any time. Charming Point will not be liable to the user or any third party for the withdrawal of any offer appearing on this website.
RIGHT OF FREE RESOLUTION BY THE USER
The user may cancel his reservation under the terms presented for each of the rates included in the reservation.
PRICE
Except in case of obvious error, the price of the services will be what is indicated at all times on our website.
Although Charming Point seeks to ensure that all prices shown on the website are correct, errors may occur.
If Charming Point finds that the price of a reservation contained in a reservation is wrong, it will inform the user as soon as possible, giving them the choice between reconfirming the reservation at the correct price or canceling it.
If it is not possible to contact the user, the reservation will be canceled and the user will be fully refunded the price of the reservation, if he has already paid it.
The prices indicated on this website include VAT.
Prices are subject to change at any time but, except as stated above, such change will not affect bookings for which a Confirmation has already been issued.
PAYMENT
Payment can be made using credit cards. To minimize the possibility of unauthorized access, your card details will be encrypted.
Payment authorization must be given with placing the reservation. No charge will be made to your card until your reservation has been confirmed, in accordance with the reservation conditions.
By pressing “CONFIRM” the user is confirming that he/she is the holder of the card.
Charming Point reserves the right to request credit card debit authorization.
The charge will be made at the time access to the reserved Room/Apartment is granted (key, access card or access code) unless it is specified in the reservation that it is a prepaid rate.
For prepaid rates, the charge will be made at the time of Booking Confirmation.
PRIVACY AND SECURITY
Charming Point uses Paypal to ensure payment is made securely. Credit cards are subject to verification of validation and authorization by the issuing entities, but if the card issuer does not authorize the payment, Charming Point will not be held responsible for any delay or lack of delivery and may not enter into the Agreement with the user.
Customer and credit card data are kept confidential, ensuring that customer data and means of payment will not be provided to third parties, with the exception of the entity that will process authorization and debit the credit card.
Personal data will be used exclusively for the purposes of the services requested by the customer.
VALUE-ADDED TAX
In accordance with the rules and regulations in force, all purchases made through this website are subject to Value Added Tax (VAT).
CANCELLATION TERMS
These are included in each of the tariffs.
When stated as “If canceled up to n days before the arrival date”, the time considered will be 0:00 on the arrival date, for example, if the reservation has the arrival date on the 5th and the deadline is two days before the arrival date. Upon arrival, cancellation free of charge must be made by 11:59 pm on the 2nd. Refund of any amount paid will always be made to the credit card used for the reservation.
LIABILITY AND EXCLUSIONS
Charming Point’s liability for any booking through this website is limited solely to the respective purchase price.
INTELLECTUAL PROPERTY
The user acknowledges and accepts that all copyright or trademark rights and other intellectual property rights relating to any and all material and content that form part of this website remain at all times the property of Charming Point or its licensors. You are permitted to use such material only to the extent expressly authorized by Charming Point or its licensors. This does not prevent the user from using this website to obtain a copy of a reservation or the terms of the Agreement.
WRITTEN COMMUNICATIONS
Applicable legislation requires that some of the information or communications that Charming Point sends to users be in written form. By using this website, the user accepts that the communication between him and Charming Point is mainly in electronic form. Charming Point will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you accept this electronic means of communication and acknowledge that any contracts, notices, information and other communications that Charming Point transmits to you electronically satisfy the legal requirement that such communications be in writing.
This provision is without prejudice to any rights of the user, which result directly from the law.
COMMUNICATIONS
All user communications to Charming Point must be sent via electronic form or email.
Charming Point will be able to communicate with the user either by e-mail or other electronic support (SMS) to the address shown in the reservation.
Any communication will be deemed to have been received at the time it is entered on the website, 24 hours after sending an email. For proof of sending a communication, in the case of sending by e-mail, that the same e-mail was sent to the e-mail address indicated by the user.
Charming Point undertakes to respond to the customer within a maximum period of 48 hours after receiving a communication.
The user undertakes to communicate any changes to his contacts.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement between Charming Point and you is binding on the parties and their successors and assigns.
You may not transfer, assign or encumber your contractual position, or otherwise dispose of the Agreement or any rights or obligations arising therefrom, without Charming Point’s prior written consent.
Charming Point may transfer, assign or encumber its contractual position, subcontract or otherwise dispose of the Agreement or any rights or obligations arising therefrom, at any time during its term. However, no transfer, assignment or encumbrance of such position, or act of disposal of the contract, may have the effect of limiting the legal rights of the user as a consumer or reducing, or limiting in any way, any guarantee provided by Charming Point to the user. expressly or implicitly.
EVENTS OUTSIDE THE CONTROL OF CHARMING POINT
Charming Point will not be liable for failure to perform, or delay in performance, of any obligation under the Contract that is due to an event beyond its reasonable control (“Force Majeure Event”).
A Force Majeure Event comprises any event, act or omission beyond Charming Point’s reasonable control and includes, in particular (but not exclusively), the following:
- a) Strikes, lock-outs and other labor actions
- b) Civilian uprisings, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war preparations.
- c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.
- d) Impossibility of using rail, sea, air, road or other public or private means of transport.
- e) Impossibility of using public or private telecommunications networks.
- f) Government laws, decrees, regulations or restrictions.
- g) Any strikes, interruptions or accidents affecting relevant postal or transport services.
Charming Point’s obligation to comply with any Contract will be suspended for the duration of a Force Majeure Event and will give rise to an extension of the respective term equivalent to that duration. Charming Point will make reasonable efforts to put an end to a Force Majeure Event, or to find a solution that allows for the performance of its contractual obligations despite the existence of a Force Majeure Event.
RENOUNCE
If Charming Point, at any time during the term of the Agreement, refrains from demanding strict compliance with any obligation resulting from the Agreement or these Terms for the user, or from exercising any right or faculty provided therein to terminate such non-compliance , this will not constitute a waiver of those rights and faculties and will not exempt the user from fulfilling his obligations.
Charming Point’s waiver of the exercise of any right or faculty, in the face of a given situation of non-compliance by the user, does not mean a waiver of rights or faculties in the face of a later non-fulfillment situation.
Charming Point’s waiver of any right arising from the Agreement or these Terms will only be effective if it appears in a written communication sent to the user in the manner provided for in the Communications clause, where the user expressly declares that he waives.
REDUCTION
The declaration of invalidity, illegality or ineffectiveness, by the competent authority, of any of the provisions of these Terms and Conditions will not affect any of the remaining provisions, which will continue in full force.
ENTIRE AGREEMENT
These Terms and any document referred to therein constitute the entire agreement between the parties regarding the formation of a Contract and supersede any previous agreement, understanding or arrangement, in written or oral form.
Both parties acknowledge that, when entering into the Agreement, neither of them based their respective motivation on a statement, commitment or promise made by the other, or that could be considered implicit in anything that had been said or written in negotiations that took place between the parties at a time prior to the conclusion of the Agreement, unless otherwise stated in these Terms.
Neither party can take advantage of the fact that the other has made an untrue statement, whether oral or in writing, prior to the conclusion of a Contract (unless such statement has been made with fraud) and can only rely on the rules of non-compliance contractual agreement resulting from these Terms.
CHANGE OF TERMS AND CONDITIONS BY CHARMING POINT
Charming Point has the right to amend these Terms and Conditions at any time. The user is subject to the principles and terms in force on the date of his reservation, unless the law or competent authority imposes any changes to them, or to the Privacy Policy (such changes being applicable to reservations already made).
APPLICABLE LAW AND JURISDICTION
Contracts for the purchase and sale of products through this website are governed by Portuguese Law. Any dispute arising out of or relating to these Agreements is subject to the non-exclusive jurisdiction of the Portuguese courts. The provisions of this clause do not prevail over any legal rights of the user as a consumer.
COMMENTS
Charming Point welcomes user comments and opinions. Please send them through our contacts. Any comments (including complaints) may also be sent by post to info@charming-point.com.
