navigationTerms and Conditions
DEFINITIONS In these Booking Conditions:
"Booking" means a booking for a Property.
"Booking Conditions" means the terms and conditions of these booking conditions, including the general notes.
"Booking Form" means the booking form on the Website or emailed/posted to you.
"Contract" means the contract between Us and You for the Property as may be amended from time to time in writing between Us and You.
“Extras” means the additional services (Pool towel rental, breakfast etc) requested by You and provided by us (as detailed in our confirmation of booking).
"Owner" means the owner of the Property.
"Property" means the property allocated to You upon your arrival. Subject to clause 5.3 of these Booking Conditions, the Property shall correspond with the property type selected by you at the time of Booking.
"Rental Fee" means the total fee for the Property as set out on the Website or as otherwise agreed in writing including rental, heating, electricity, use of bed linen/towels (if supplied) but excluding any charges for Extras provided by Us.
"Rental Period" means the period of time for which You wish to rent the Property as stated in the Booking Form or other written confirmation of the Booking from You.
"“We” “Us” and “Our” " means Quinta Girão - Empreendimentos Turísticos, Lda., a company registered in Madeira with company and fiscal number 511206011 whose registered office is Estrada 1 De Julho, Nº 2, Câmara De Lobos, 9300-081, Câmara De Lobos, Portugal.
"Website" means Our website at www.cabogirao.com.
"You" means the person who makes a Booking.
1 AGENCY
1.1 We arrange short term holiday rentals of the Properties (including the marketing, booking and liaising services) as agent for the Owner of the relevant Property.
2 CONTRACT
2.1 The Contract for renting the Property is between You and Us and it incorporates and is subject to these Booking Conditions.
2.2 By making a Booking you are deemed to have made an offer to enter into a contract with Us for the letting of the Property in accordance with the Booking Conditions. The Booking Conditions shall apply whether you make a Booking via Our website, by email, post, telephone or in person.
2.3 The Booking will be deemed accepted and the Contract referable to the Booking will come into effect and be legally binding when We issue a confirmation form to you pursuant to condition 3.3. Please do not make any travel arrangements until We have issued You with a written confirmation.
3 BOOKING AND PAYMENT
3.1 You may make a Booking by
• Contacting Us by telephone on (+351) 291 911 700 «Chamada para a rede fixa nacional»; or
• Sending an email giving details of your Booking requirements to Us at info@cabogirao.com; or
• Booking online at www.cabogirao.com
3.2 The entire Rental Fee and fee for Extras is payable at the same time as your Booking.
3.3 We will issue a Booking confirmation to you once you have either made a booking via the office or you have successfully completed our online booking process and in all cases all money due at the time of Booking has been received in cleared funds. You should check the confirmation form carefully and notify Us immediately in case of any discrepancy or mistake.
3.4 If the Property is unavailable for your selected Rental Period and We are unable to accept the Booking for this or any other reason, We will return all money received from you in full.
4 METHODS OF PAYMENT
4.1 You may pay by credit card, debit card or bank transfer.
5 CANCELLATION
5.1 If you cancel the accepted/ confirmed Booking for any reason, you must notify Us in writing at the address stated in these Booking Conditions.
5.2 A cancellation charge is payable depending on the number of days (or part thereof) before the Rental Period start date that the notice of cancellation is received by Us. The amount payable is set out below, where number or days refers to the number of days’notice given at cancellation prior to Rental Period start date, and the Cancellation Charge refers to the percentage of the Rental Fee of the Property:
| Property Type | Days’ notice | Cancellation charge |
| Detached villas with private pools | 1-42 | 100% |
| More than 42 | n/a | |
| All other Property types | 1-14 | 100% |
| 15-28 | 70% | |
| 29-42 | 50% | |
| More than 42 | n/a |
5.3 If the Property type which you have booked and which has been accepted becomes unavailable for any reason prior to the start of the Rental Period, We will use reasonable endeavours to find a suitable alternative Property type. If an alternative Property type is unavailable or does not fit your requirements, you will be reimbursed any sums received from you in respect of the Contract.
5.4 If you agree to take an alternative Property type, you will be sent an amended confirmation form setting out details of the new Property type, Rental Fee and Rental Period and the contract will be deemed amended accordingly.
6 RENTAL PERIOD
6.1 The Rental Period commences, unless otherwise notified, at 3.30 pm on the day of arrival and terminates at 10.00 am on the day of departure.
6.2 At certain times of the year late departures may be available at Our discretion for a nominal fee.
6.3 If your stay extends beyond the period of hire in condition 6.1, or such other period as expressly agreed in condition 6.2, you may be subject to a charge for the additional time based on the applicable daily rate for the Property.
7 CHANGES OF RENTAL PERIOD
7.1 We will endeavour, but are under no obligation, to consider a request from you to change the Rental Period after it has been confirmed and accepted. Such a request will only be accepted if:
• the Property is available for the new period requested;
• at time of publication, you pay any sums due in respect of any higher prices for the Property for the new dates.
8 USE OF SELECTED PROPERTY
8.1 You agree that the number of people staying in the Property will not exceed the maximum number stipulated on the Website.
8.2 Any guests who are 13 years of age or older on the Rental Period start date shall be considered an adult and must be counted as such at the time of booking.
8.3 You agree that the Property will be used for holiday accommodation only and that you have a right to occupy the Property (in accordance with these Booking Conditions) for the duration of the Rental Period only.
8.3 You agree that the Property will not be used for any activity or in such a way as to cause a nuisance or annoyance to neighbours of the Property.
8.5 You and your guests will comply with any reasonable regulations relating to the Property or the site within which the Property is situated, which will be communicated to you upon/prior to your arrival at the Property.
8.6 Smoking of tobacco in any form or E-cigarettes is not permitted within any property offered by Us.
8.7 You acknowledge and agree that pets shall not be permitted in a Property.
9 CARE OF SELECTED PROPERTY
9.1 You agree to keep the Property and its contents in the same condition and repair as found on your arrival at the Property and shall procure that your guests shall also take such care of the Property and its contents.
9.2 You shall abide by all instructions with regard to the use of the Property and its fixtures and fittings as notified to You by Us from time to time.
9.3 You must ensure that the Property is left in a clean and tidy condition on your departure at the end of the Rental Period. We may charge you for the reasonable costs of any additional cleaning if this is reasonably considered necessary.
11 RIGHT OF ENTRY We shall have the right of entry to the Property at all reasonable times, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out any necessary repairs or maintenance.
12 RIGHT TO REFUSE BOOKINGS AND TO TERMINATE CONTRACT
12.1 We reserve the right to terminate a Contract without prejudice to any rights and remedies accrued by Us or You which shall remain following termination and ask You and your guests to leave the Property immediately if it is deemed necessary by Us as a result of your behaviour or that of any of your guests or any other material breach of these Booking Conditions.
12.2 In the event that your Contract is terminated in accordance with condition 12.1, We reserve the right not to refund to you any part of the Rental Fees in respect of the shortened Rental Period.
13 COMPLAINTS
13.1 Should there be any cause for complaint during your stay in the Property, you should notify Us promptly and describe the nature of the complaint. We will use our reasonable endeavours to resolve any complaints.
13.2 In the event that you have a problem with the Property during your stay, please contact reception or Us on (+351) 291 911 700 «Chamada para a rede fixa nacional».
13.3 If you wish to make a complaint after your Rental Period has ended please do so to Us in writing within a reasonable period but note that compensation cannot be offered where a complaint has not been raised during your stay.
14 LIABILITY
14.1 Nothing in these Booking Conditions shall limit or exclude Our liability for death or personal injury resulting from Our negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
14.2 Subject to condition 14.3 all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from the Contract.
14.3 We shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or for any loss (either direct or indirect) of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
14.4 Subject to condition 14.1 and 14.3, Our aggregate liability to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the Contract shall be limited to damages not exceeding three times the total amount of the Rental Fee received from You.
15 FORCE MAJEURE
15.1 We shall not be liable for any delay or nonperformance of our obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond Our reasonable control. We shall as soon as reasonably practicable upon becoming aware of the same notify You.
16 PERSONAL INFORMATION
16.1 You confirm that you have the authority to provide Us with the personal information of all members of Your booking party.
16.2 We shall collect and use your personal information as set out in Our Privacy Policy which can be found on our Website.
17 MISCELLANEOUS
17.1 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
17.2 You shall not, without Our prior written consent, assign or transfer, or deal in any other manner with all or any of your rights or obligations under this Contract.
17.3 A person who is not a party to this Contract shall not have any rights under or in connection with it.
17.4 The Contract shall be governed by and construed in accordance with Portuguese law and shall be subject to the non-exclusive jurisdiction of the Portuguese Courts.
17.5 Nothing in this Contract shall affect your entitlement to any mandatory consumer protections applicable in the country where You live.
GENERAL NOTES
GUEST SAFETY We take the safety of guests very seriously. Therefore We ask that guests who stay in the Property take a few moments to think about their safety at the Property. In particular You should:
1) Check the layout of the Property, so that in an emergency You and your party can get out quickly and easily.
2) Check the locations of the fire extinguishers and fire blanket and read the instructions for use.
3) Read and take note of specific safety information provided in the Property.
If you have any concerns about the safety of the Property, whether it be the garden, equipment or facilities, You should contact Us immediately.
SPECIAL REQUIREMENTS We will endeavour to help those in your party with special requirements by recommending property types that are especially suitable; please refer to our Website or contact our Booking Office at the time of Booking.
COMPLAINTS We aim to ensure you have an enjoyable and comfortable stay at the Property. Unfortunately, things sometimes can go wrong while on holiday but these situations are always best resolved at the time.
Your contract is between You and Us, therefore in the event of a problem you should contact Us immediately to allow remedial action to be taken. However, please note any complaints raised after your holiday will not result in any form of compensation.
GUEST DAMAGE You should report accidental damage or breakage if and when it happens. Repairs or replacement items can then be arranged in advance of the arrival of the next guests.
OTHER ISSUES Building Work: We cannot be held responsible for any buildings or road workings which may be carried out close to your Property. Where we are aware of any anticipated works, we will endeavour to advise You in advance. Special Requests: Special requests may be made prior to travel and whilst we will endeavour to meet them, this cannot be guaranteed. Under no circumstances will requests accepted by us form part of our contractual obligations unless agreed in writing by Us.
Withdrawal of Facilities: We reserve the right to alter or withdraw amenities or facilities or any activities without prior notice; where reasonably necessary due to repairs, maintenance, weather conditions and circumstances beyond our control.
Please note: We reserve the right to update Booking Conditions from time to time. Any updates to the terms printed here will be reflected on our Website, and included in the contract that You receive.
16-05-2018.
