Terms & Conditions

TERMS & CONDITIONS FOR INDIVIDUAL BOOKINGS AT CASA FAJARA BOUTIQUE HOTEL

1 DEFINITIONS

Arrival Consent Form; means the form marked Arrival Consent Form
Arrival Date: means the arrival date stated on Form 1 or Form 2
Booking: means the confirmed details of your booking as set out on Form 2 or the Arrival Consent Form
Child: means any person under 18 years of age.
Client: is the person specified as being the Client on Form 1, Form 2 or the Arrival Consent Form who may or may not also be a Guest
Contract: means the contract between you and us
Departure Date: means the date stated on Form 1, Form 2 or the Arrival Consent Form
Form 1: means the form marked Form 1 – Response to an Enquiry
Form 2: means the form marked Form 2 – Booking Confirmation
Guest: is the person or people who will be staying at the Hotel in accordance with the Booking
Individual Booking: means a booking by a Client for up to 3 rooms by way of a business or private booking
Reservation: means a reservation as detailed in clause 3
Total Cost of Accommodation: means the total cost of the accommodation as stated on Form 2
Walk-In Booking: means a booking made in person at the Hotel for that night and, if appropriate, subsequent night/s
Website: means www.casafajara.com

2 YOUR CONTRACT

2.1 Casa Fajara Boutique Hotel is operated by Exepex Estates Limited Secursal em Portugal and is registered in Portugal with fiscal number 980415934 with registered office at Rua da Vedoria, No 8 Lagos 8600-552, Portugal (hereinafter referred to as “the Hotel” “we”, “us”).
2.2 When we refer to “You” and “your” we mean the Client as specified on Form 1, Form 2 and the Arrival Consent Form. Any person that is not a party to the contract between us does not have any right to enforce any of these terms or conditions.
2.3 The Contract for staying at the Hotel is between you and us and it incorporates these terms and conditions (the “Terms and Conditions”) together with any other written information brought to your attention before we confirm your Booking at the Hotel.
2.4 By entering into this Contract, you warrant that:
2.4.1 You are at least 18 years old and
2.4.2 You are legally capable of entering into binding contracts.
2.5 If you have any questions about the Terms and Conditions, please call the Hotel on 00351 282 973 134. If you would prefer to call a UK number please call Mel on 00 44 (0)7789 906088. If you have any questions regarding your Booking then please email; groups@casafajara.co

3 RESERVATIONS

3.1 For any enquiries about availability at Casa Fajara made by telephone, email or in person staff will endeavour to assist you.
3.2 If your preferred dates and rooms are available a Reservation will be made by staff and you will be sent Form 1 which sets out full details of the Reservation including a link to make payment.
3.3 The Reservation will remain in place for 24 hours as from the date and time stated on Form 1
3.3.1 To convert the Reservation into a Booking payment must be made within the 24 hour time period and in accordance with clause 4.1
3.3.2 If payment is not made in accordance with clause 3.3.1 the Reservation will be cancelled immediately. No Booking will have been made and the room/s made available for booking by others.

4 BOOKING PROCEDURE

4.1 Online Bookings:
4.1.1 Where the Arrival Date is 30 days or less from when the online booking is made;
(i) The Total Cost of Accommodation is payable immediately. Upon payment the Client should receive Form 2 which sets out details of the Booking as per the information you have provided. If you do not receive Form 2, please contact us immediately as the Booking only becomes a confirmed booking on receipt by you of Form 2.
4.1.2 Where the Arrival Date is more than 30 days from when the online booking is made;
(i) 50% of the Total Cost of Accommodation is payable immediately. Upon payment the Client should receive Form 2 which sets out details of the Booking as per the information you have provided. If you do not receive Form 2, please contact us immediately as the Booking only becomes a confirmed booking on receipt by you of Form 2.
(ii) The balance of the Total Cost of Accommodation is payable automatically 30 days prior to the Arrival Date. On payment of the balance you will receive another Form 2.
(iii) If payment of the balance is not received by us in accordance with 4.2.1 (ii) we will notify you of non-payment and you will be required to pay the balance within 48 hours of our notification being sent to you.
(iv) If payment is not made in accordance with clause 4.2.1(iii) the Booking will be immediately cancelled, and the payment already made in accordance with 4.1.2 (i) will be retained by us. For the avoidance of doubt no refund will be made.
4.1.3 The Booking will reflect the information you have provided during the booking process therefore any changes will be deemed to be an amendment by you and clause 12 will apply.
4.1.4 For the avoidance of doubt if you do not receive Form 2 no Booking will have been made. It is your responsibility to make sure that you contact us if you have made payment in accordance with this clause but have not received Form 2.
4.2 Walk-In Bookings:
4.2.1 For a Walk-In booking to be made;
(i) the Total Cost of Accommodation must be paid immediately by credit or debit card or bank transfer. Cash will not be accepted unless specific approval is given and
(ii) the Arrival Consent Form has been completed.
4.2.2 A receipt will be issued to the Guest confirming a Booking has been made.
4.3 Immigration Information
4.3.1 You acknowledge that it is a legal requirement for any Guest who is not a Portuguese citizen to supply immigration information to the Immigration & Border Service of Portugal, SEF (Serviço de Estrangeiros e Fronteiras).
4.3.2 For Online Bookings on receipt of our request for such immigration information you agree to supply such information no later than 2 weeks prior to the Arrival Date.
4.3.3 For Walk-In Bookings such information must be supplied at the time the Walk-In Booking is made.
4.3.4 You acknowledge and agree that all information provided in accordance with this clause will be passed to SEF
4.3.5 If the immigration information is not provided the Booking will be cancelled and no refund will be made.
4.4 The Booking and the Contract between us is governed by these Terms & Conditions.

5 PRICE AND PAYMENT

5.1 The price for the Booking is confirmed in Form 2 or the Arrival Consent Form.
5.2 All payments relating to a Booking must be made in accordance with clause 4.
5.3 Any additional costs incurred by you or any Guest will be payable either at the time they are incurred or on Departure and can be paid in Euros or by most major credit and debit cards. We do not accept cheques or foreign currency.

6 CHECK IN – CHECK OUT

6.1 The rooms will be available from 15.00 hours to 19.30 hours on the Arrival Date unless other prior arrangements have been made in advance and confirmed in writing by us.
6.2 If you or any Guest arrives outside the times stated in 6.1 and no prior confirmed arrangement has been made the following charges will apply to your Booking;
For arrival between 19.30 hours and 22.30 hours – 50€.
For arrival after 22.30 hours – 200€.
6.3 On arrival an Arrival Consent Form must be completed and signed by at least one Guest per room and passport details of all Guests supplied.
6.4 Guests must vacate the rooms and check-out by 11.00 hours on the expected Departure Date.
6.5 If a Guest would like a later check-out, this must be requested when checking in. Having made the request you will be notified as to whether this is possible and what the additional charge/s will be. Any agreed alteration to the check-out time must be confirmed by us in writing.
6.6 If you or any Guest fails to check out in accordance with clause 6.4 without prior confirmed arrangement you will be charged 40€ per hour per room for the first 3 hours and 750€ per room after 3 hours.

7 THE HOTEL, ROOMS AND ACCOMMODATION

7.1 Form 2 will specify whether your reservation includes any meals.
7.2 All of our rooms are unique and as a result they vary in character, size and the number of Guests that can be accommodated. Prior to Booking it is your responsibility to verify the details of a room or rooms meets your requirements or those of your Guests especially the elderly, those with disability or children.
7.3 Subject to availability extra folding beds and/or cots may be provided at an extra charge. Please make such a request prior to Booking.
7.4 The Hotel has a strict non-smoking policy throughout the whole building including the rooms. Smoking is only permitted in the gardens provided it does not cause a nuisance to other Guests or staff and all lighted material must be responsibly extinguished and deposited in designated ashtrays.
7.5 All items and furniture in a room remains the property of the Hotel.
7.6 Other than the number of Guests noted on Form 2 or the Arrival Consent Form no other people are allowed to stay overnight in the room or rooms. Should you want other people to visit the Hotel during your stay, our prior written consent must be given to you. Such request can only be considered if full details as to the number of people and the reason why you want them to visit are supplied to us in advance of the visit. We reserve the right to refuse consent should we deem such visits to be detrimental to the Hotel or its Guests. For safety reasons the number of people in the Hotel or its grounds must be limited.
7.7 Guests are not allowed to hold events such as parties in the room or rooms.
7.8 On request the sauna can be used by a Guest who is either an adult or a child over the age of 16 who is under the supervision of a responsible adult. Such use of the sauna is entirely at the Guest’s own risk and we reserve the right to refuse entry.
7.9 Any complaint should be reported immediately to the hotel management who will do their best to assist. Complaints received after departure will not be accepted unless you have notified us of the complaint during your stay thereby giving us the opportunity to address the complaint. If you feel that your complaint has not been dealt with appropriately, please write to Mrs Mel Pittams, Dormy House, 43, Kingsbury Street, Marlborough, Wiltshire SN8 1JE, England.
In accordance with Portuguese law should you wish to make an official complaint, we have a complaints book which is available from reception.

8 DAMAGE TO THE HOTEL, ROOMS, FIXTURES & FITTINGS AND EQUIPMENT

8.1 In the event any Guest causes any damage to the Hotel, the Rooms any fixtures & fittings or equipment or removes anything from the Hotel which belongs to the Hotel, you will be liable for such damage or loss.
8.2 We reserve the right to charge you for such damage or loss including (but not limited to) specialist cleaning, repair or replacement.
8.3 For all Bookings valid credit card details must be supplied
8.4 You agree that the credit card will be used to reimburse our reasonable costs for any cleaning, repair or replacement resulting from any damage or loss caused by you or anyone whom you are responsible for or for whom you have made a Booking.
8.4 Should a Guest smoke anywhere in the Hotel building, including a room, we reserve the right to charge you a minimum of 200€ for specialist cleaning.
8.5 If a Guest damages any bedding or linen, we reserve the right to charge you up to 1000€ for specialist cleaning, repair or replacement.

9 CHILDREN

9.1 If any Guest is a Child you will ensure that;
9.1.1 The Child is accompanied by their adult parent or guardian who is also a Guest;
9.1.2 The safety of all children will remain the responsibility of their parents or guardians at all times and
9.1.3 Children must be supervised at all times when in the pool area. This area does not have a lifeguard and it is the responsibility of the child’s parents or guardians to ensure that their child/children are safe.
9.2 A Child is not permitted to purchase or drink alcohol in the Hotel or its grounds.
9.3 If a Child is not properly supervised and cause a nuisance to other people staying at the Hotel or staff we reserve the right to immediately terminate the Booking for the room occupied by such Child and that of any parent or guardian of such Child who may be in a different room.
9.4 In addition to or in place of 9.3 we reserve the right to recover from you any discretionary compensation payment that we may have to pay another guest as a result of the behaviour of any Child who is a Guest.

10 PETS

10.1 With the exception of assistance dogs, no pets are allowed at the Hotel. If pets are found to be in the Hotel or in its grounds we reserve the right to charge for any damage caused by the pet and for a full deep clean where ever the animal has been.

11 CANCELLATION

11.1 If you wish to cancel your Booking, you must make a request to cancel in writing.
11.2 Your Booking will not be cancelled until such time as we email you confirmation of cancellation.
11.3 The following cancellation charges will apply;
11.3.1 For Individual Bookings:
11.3.1.1 Cancellation more than 84 days prior to the Arrival Date – 40% of the Total Cost of Stay
11.3.1.2 Cancellation from 84 days to 30 days prior to the Arrival Date – 50% of the Total Cost of Stay
11.3.1.3 Cancellation less than 30 days prior to the Arrival Date – 100% of the Total Cost of Stay
11.4 If you or any of your Guests shorten the stay and leave before the Departure Date refunds will only be given at the sole discretion of the Hotel and only in very exceptional circumstances. Any additional costs incurred during the stay must be paid in full before departure.
11.5 If you or any of your Guests fail to check in on the Arrival Date and we have not received any communication from you we reserve the right to re-let the Room or Rooms this will be deemed to be a cancellation as per 11.3.1.3.
11.6 Any refund of Deposit due as per clause 11.3 will be refunded as soon as reasonably possible and in any event within thirty (30) days of cancellation.
We strongly recommend and expect that you will have appropriate insurance policy in place which will cover you should you have to cancel the Booking.

12 AMENDMENTS BY YOU

12.1 Amendments to the Booking such as guest numbers and/or arrangements must be requested to us in writing or by e-mail. We will then notify you of any additional costs which will be payable immediately.
12.2 Any amendments are not agreed until you have received email confirmation from us that the Booking can be amended.
12.3 If any amendments to the Booking incur additional cost such costs will be based on the price that applies on the day the amendments are confirmed and will be payable by you immediately.

13 AMENDMENTS BY US

13.1 We will do our utmost to provide the accommodation in accordance with your Booking but we retain the right to modify or cancel if unforeseen circumstances amounting to “force majeure” arise. Such circumstances could include but are not limited to natural disaster, malicious damage, fire, flood and other circumstances affecting the supply of services.
13.2 In the unlikely event that we have to modify or cancel your Booking we reserve the right to do so. If this does arise you can:

accept the changed arrangements as notified;
request an alternative arrangement with us or
cancel your reservation and receive a full refund of any monies paid. Monies will be refunded as soon as reasonably possible and in any event within thirty (30) days of cancellation.

13.3 We are not liable for third party costs and would recommend that you have insurance to protect you from any losses.

14 GUEST BEHAVIOUR

14.1 All Guests are expected to conduct themselves in a safe, orderly and acceptable manner at all times and will not disrupt or be a nuisance to other people staying at the Hotel or members of staff or act inappropriately. Conduct that we reasonably consider to be disruptive, a nuisance or inappropriate includes, but is not limited to:

creating an inappropriate level of noise;
drunken or unruly behaviour and/or
any behaviour which other Guests or staff find offensive in any way.

14.2 If we (acting reasonably) deem that a Guest’s conduct is disruptive or a nuisance we will ask that such behaviour ceases but in the event that it does not we reserve the right to immediately terminate the Booking for the Room occupied by the particular Guest in question and ask such Guest to leave the Hotel.
14.3 Offensive and illegal behaviour by a Guest will not be tolerated and we reserve the right to immediately terminate the Booking for the Room occupied by the particular Guest and ask such Guest to leave the Hotel.
14.4 In the event we terminate a Booking of a room in accordance with 14.2 or 14.3 you will be held liable for any damage or loss caused by you or a member of your party. Full payment for such damage or loss must be paid immediately. We further reserve the right to recover from you any discretionary compensation payment that we may have to pay to another party as a result of any breach 14.1 or 14.3.
14.5 If a Booking of a room is terminated in accordance with 14.2 or 14.3 our obligations to you in relation to that part of the contract will cease immediately. We will have no obligation to refund you for lost accommodation and we will not pay for any expenses or costs incurred as a result of the termination of that Booking.
14.6 You will ensure that all hotel equipment must be used in the correct manner and all rules and signage adhered to such as “No glass in pool area”, “No diving”.
14.7 You will be liable for any damage or loss to the Hotel or its equipment caused by you or any member of your party. Full payment for such damage or loss must be paid on demand. If you fail to make such payment you will be responsible for meeting any claims which are subsequently made by and/or against us as a result of the action of your Guest together with all costs (including legal costs) we incur in pursuing any claim against you.

15 MAINTENANCE/ WORKS

15.1 Improvements, maintenance and changes to the Hotel facilities and grounds take place throughout the year. We will always do our best to notify you in advance of any works during your Booking and try to ensure that Guests are not inconvenienced more than necessary and any disruption kept to a minimum.
15.2 No compensation will be paid if a facility is not available but we will do our best to provide a suitable alternative.

16 PRICING AND OTHER ERRORS

16.1 We try to make sure that all information including descriptions of our accommodation and prices contained on our website or sent to you, are accurate and correct, however mistakes do happen and we will resolve any errors which we are aware of as soon as possible.

17 OUR LIABILITY

17.1 Personal belongings are the responsibility of you and/or your Guest
17.2 Cars at the Hotel are parked at the owner’s risk.
17.3 Although we make the Hotel as safe as possible, certain characteristics, for example uneven floors, steps, terraces etc, may pose a problem for some guests. We endeavour to bring such issues to your attention however you are responsible for the safety of your Guests
17.4 Our entire liability for losses you suffer under these Terms and Conditions is strictly limited to the price of the Contract.
17.5 Despite the limitations within this clause 16 we do not in any way limit our liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation or
for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

17.6 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. These links are provided to assist visitors using our site and we cannot be held responsible for such links and these links do not constitute an endorsement of any companies, persons or organisations by us.
17.7 We promote activities run by 3^rd parties and will endeavour to assist you in arranging such activity but we will not accept any responsibility or liability for such activities

18 YOUR LIABILITY

18.1 In relation to any event, activity or retreat organised by you for your Guests at the Hotel you will have in place your own insurance or insurances which will indemnify us in the event of any claims being made against us by your Guest or Guests.
18.2 In relation to any event or activity arranged by you with any 3^rd party you will take out the necessary insurance with the person or organisation providing the event or activity.

19 PRIVACY

19.1 Personal information, such as your contact details, provided to us during the reservation process will be held in accordance with current Data Protection legislation.
19.2 Portuguese legislation requires us to provide the names, addresses, & passport or ID numbers of all guests staying at the Hotel to Servico de Estrangeiros e Fronteiras.

20 ENTIRE AGREEMENT, TERMS AND CONDITIONS

20.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
20.4 We reserve the right to change these Terms and Conditions at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.5 If you or your Guest breaches these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you or your Guest breaches the Terms and Conditions.
20.6 In the event that any word, phrase or provision in these terms and conditions be incorrect or unenforceable in any respect this shall not prejudice the remainder of the terms and conditions.
20.7 The Client agrees that:
20.7.1 the Client has read these terms and conditions and agree that they are legally binding
20.7.2 the Client will ensure that these terms and conditions are given to the Guest

21 LAW AND JURISDICTION

21.1 The Contract and any dispute or claim arising will be governed and construed in accordance with Portuguese law including non-contractual disputes or claims and shall be subject to the exclusive jurisdiction of the Portuguese Courts.
06.04.23

TERMS & CONDITIONS FOR GROUP BOOKINGS REGARDING CASA FAJARA BOUTIQUE HOTEL

1 DEFINITIONS

Arrival Consent Form; means the form marked Arrival Consent Form
Arrival Date: means the arrival date stated on Form 1 or Form 2
Booking: means the confirmed details of your booking as set out on Form 2 or the Arrival Consent Form
Child: means any person under 18 years of age.
Client: is the person specified as being the Client on Form 1 or Form 2 who may or may not also be a Guest
Contract: means the contract between you and us
Departure Date: means the date stated on Form 1, Form 2 or the Arrival Consent Form
Form 1: means the form marked Form 1 – Response to an Enquiry
Form 2: means the form marked Form 2 – Booking Confirmation
Group Booking: means a booking by a Client for 4 rooms or more by way of a business or private booking
Guest: is the person or people who will be staying at the Hotel in accordance with the Booking
Reservation: means a reservation as detailed in clause 3
Reservation Period: means the Reservation Period as stated on Form 1
Total Cost of Accommodation: means the total cost of the accommodation as stated on Form 2
Website: means www.casafajara.com

2 YOUR CONTRACT

3 RESERVATIONS

3.1 For any enquiries about availability at Casa Fajara made by telephone, email or in person staff will endeavour to assist you.
3.2 If your preferred dates and rooms are available a Reservation will be made by staff and you will be sent Form 1 which sets out full details of the Reservation including a link to make payment.
3.3 The Reservation will remain in place during the Reservation Period
3.3.1 To convert the Reservation into a Booking payment must be made prior to the end of the Reservation Period and in accordance with clause 4.1
3.3.2 If payment is not made in accordance with clause 3.3.1 the Reservation will be cancelled immediately. No Booking will have been made and the room/s made available for booking by others.

4 BOOKING PROCEDURE

4.1 Online Bookings:
4.1.1 Where the Arrival Date is 84 days or less from when the online booking is made;
(i) The Total Cost of Accommodation is payable immediately. Upon payment the Client should receive Form 2 which sets out details of the Booking as per the information you have provided. If you do not receive Form 2, please contact us immediately as the Booking only becomes a confirmed booking on receipt by you of Form 2.
4.1.2 Where the Arrival Date is more than 84 days from when the online booking is made;
(i) 50% (unless a different per centage has been agreed and confirmed by us by email) of the Total Cost of Accommodation is payable immediately. Upon payment the Client should receive Form 2 which sets out details of the Booking as per the information you have provided. If you do not receive Form 2, please contact us immediately as the Booking only becomes a confirmed booking on receipt by you of Form 2.
(ii) The balance of the Total Cost of Accommodation is payable automatically 84 days prior to the Arrival Date. On payment of the balance you will receive another Form 2.
(iii) If payment of the balance is not received by us in accordance with 4.2.1 (ii) we will notify you of non-payment and you will be required to pay the balance within 48 hours of our notification being sent to you.
(iv) If payment is not made in accordance with clause 4.2.1(iii) the Booking will be immediately cancelled, and the payment already made in accordance with 4.1.2 (i) will be retained by us. For the avoidance of doubt no refund will be made.
4.1.3 The Booking will reflect the information you have provided during the booking process therefore any changes will be deemed to be an amendment by you and clause 12 will apply.
4.1.4 For the avoidance of doubt if you do not receive Form 2 no Booking will have been made. It is your responsibility to make sure that you contact us if you have made payment in accordance with this clause but have not received Form 2.
4.2 Immigration Information
4.2.1 You acknowledge that it is a legal requirement for any Guest who is not a Portuguese citizen to supply immigration information to the Immigration & Border Service of Portugal, SEF (Serviço de Estrangeiros e Fronteiras). You will ensure that all Guests supply such information.
4.2.2 If the information is not provided by a Guest that part of the Booking will be cancelled and no refund will be made.
4.3 The Booking and the Contract between us is governed by these Terms & Conditions.

5 PRICE AND PAYMENT

5.1 The price for the Booking is confirmed in Form 2.
5.2 All payments relating to a Booking must be made in accordance with clause 4.
5.3 Any additional costs incurred by any Guest will be payable by the Guest either at the time they are incurred or on Departure and can be paid in Euros or by most major credit and debit cards. We do not accept cheques or foreign currency.

6 CHECK IN – CHECK OUT

6.1 The rooms will be available from 15.00 hours to 19.30 hours on the Arrival Date unless other prior arrangements have been made in advance and confirmed in writing by us.
6.2 If any Guest arrives outside the times stated in 6.1 and no prior confirmed arrangement has been made the following charges will be payable by you;
For arrival between 19.30 hours and 22.30 hours – 50€.
For arrival after 22.30 hours – 200€.
6.3 On arrival an Arrival Consent Form must be completed and signed by one Guest per room and passport details of all Guests supplied.
6.4 Guests must vacate the rooms and check-out by 11.00 hours on the expected Departure Date
6.5 If a Guest would like a later check-out, this must be requested when checking in. Having made the request the Guest will be notified as to whether this is possible and what the additional charge/s will be, such charges to be paid immediately by the Guest. Any agreed alteration to the check-out time must be confirmed by us in writing.
6.6 If any Guest fails to check out in accordance with clause 6.4 without prior confirmed arrangement you will be charged 40€ per hour per room for the first 3 hours and 750€ per room after 3 hours.

7 THE HOTEL, ROOMS AND ACCOMMODATION

7.1 Form 2 will specify whether your reservation includes any meals.
7.2 All of our rooms are unique and as a result they vary in character, size and the number of Guests that can be accommodated. Prior to Booking it is your responsibility to verify the details of a room or rooms meets your requirements or those of your Guests especially the elderly, those with disability or children.
7.3 Subject to availability extra folding beds and/or cots may be provided at an extra charge. Please make such a request prior to Booking.
7.4 The Hotel has a strict non-smoking policy throughout the whole building including the rooms. Smoking is only permitted in the gardens provided it does not cause a nuisance to other Guests or staff and all lighted material must be responsibly extinguished and deposited in designated ashtrays.
7.5 All items and furniture in a room remains the property of the Hotel.
7.6 Other than the number of Guests noted on Form 2 or the Arrival Consent Form no other people are allowed to stay overnight in the room or rooms. Should you want other people to visit the Hotel during your stay, our prior written consent must be given to you. Such request can only be considered if full details as to the number of people and the reason why you want them to visit are supplied to us in advance of the visit. We reserve the right to refuse consent should we deem such visits to be detrimental to the Hotel or its Guests. For safety reasons the number of people in the Hotel or its grounds must be limited.
7.7 Guests are not allowed to hold events such as parties in the room or rooms.
7.8 On request the sauna can be used by a Guest who is either an adult or a child over the age of 16 who is under the supervision of a responsible adult. Such use of the sauna is entirely at the Guest’s own risk and we reserve the right to refuse entry.
7.9 Any complaint should be reported immediately to the hotel management who will do their best to assist. Complaints received after departure will not be accepted unless you have notified us of the complaint during your stay thereby giving us the opportunity to address the complaint. If you feel that your complaint has not been dealt with correctly please write to Mrs Mel Pittams, Dormy House, 43, Kingsbury Street, Marlborough, Wiltshire SN8 1JE, England.
In accordance with Portuguese law should you wish to make an official complaint, we have a complaints book which is available from reception.

8 DAMAGE TO THE HOTEL, ROOMS, FIXTURES & FITTINGS AND EQUIPMENT

8.1 In the event any Guest causes any damage to the Hotel, the Rooms any fixtures & fittings or equipment or removes anything from the Hotel which belongs to the Hotel, we will use reasonable endeavours to obtain all associated costs the Guest who caused such damage but if the is not possible or successful, you will be liable for such damage or loss.
8.2 We reserve the right to charge you for such damage or loss including (but not limited to) specialist cleaning, repair or replacement.
8.3 For all Bookings valid credit card details must be supplied.
8.4 You agree that the card used to make the Booking or the card stated on the Arrival Consent Form can be used to reimburse our reasonable costs for any cleaning, repair or replacement resulting from any damage or loss caused by you or anyone whom you are responsible for or for whom you have made a Booking.
8.5 Should a Guest smoke anywhere in the Hotel building, including a room, we reserve the right to charge you a minimum of 200€ for specialist cleaning.
8.6 If a Guest damages any bedding or linen, we reserve the right to charge you up to 1000€ for specialist cleaning, repair or replacement.

9 CHILDREN

10 PETS

11 CANCELLATION

11.1 If you wish to cancel your Booking, you must make a request to cancel in writing.
11.2 Your Booking will not be cancelled until such time as we email you confirmation of cancellation.
11.3 The following cancellation charges will apply;
11.3.1 For Group Bookings:
11.3.1.1 Cancellation more than 84 days prior to the Arrival Date – an amount equal to that paid as a per clause 4.1.2.(i)
11.3.1.2 Cancellation less than 84 days prior to the Arrival Date – 100% of the Total Cost of Stay
11.4 If any Guest shortens the stay and leaves before the Departure Date refunds will only be given at the sole discretion of the Hotel and only in very exceptional circumstances. Any additional costs incurred by the Guest during the stay must be paid in full before early departure.
11.5 If any Guest fails to check in on the Arrival Date and we have not received any communication from you or the Guest we reserve the right to re-let the Room or Rooms and charge a 100% cancellation fee.
11.6 Any refund of Deposit due as per clause 11.3 will be refunded as soon as reasonably possible and in any event within thirty (30) days of cancellation.
We strongly recommend and expect that you will have appropriate insurance policy in place which will cover you should you have to cancel the Booking.

12 AMENDMENTS BY YOU

12.1 Amendments to the Booking such as guest numbers and/or arrangements including additional meals must be requested to us in writing or by e-mail. We will then notify you of any additional costs which will be payable immediately.
12.2 Any amendments are not agreed until you have received email confirmation from us that the Booking can be amended.
12.3 If any amendments to the Booking incur additional cost such costs will be based on the price that applies on the day the amendments are confirmed and will be payable by you immediately.

13 AMENDMENTS BY US

accept the changed arrangements as notified;
request an alternative arrangement with us or
cancel your reservation and receive a full refund of any monies paid. Monies will be refunded as soon as reasonably possible and in any event within thirty (30) days of cancellation.

13.3 We are not liable for third party costs and would recommend that you have insurance to protect you from any losses.

14 GUEST BEHAVIOUR

creating an inappropriate level of noise;
drunken or unruly behaviour and/or
any behaviour which other Guests or staff find offensive in any way.

14.2 If we (acting reasonably) deem that a Guest’s conduct is disruptive or a nuisance we will ask that such behaviour ceases but in the event that it does not we reserve the right to immediately terminate the Booking for the Room occupied by the Guest in question and ask such Guest to leave the Hotel.
14.3 Offensive and illegal behaviour by a Guest will not be tolerated and we reserve the right to immediately terminate the Booking for the Room occupied by the Guest and ask such Guest to leave the Hotel.
14.4 In the event we terminate a Booking of a room in accordance with 14.2 or 14.3 you will be held liable for any damage or loss caused. Full payment for such damage or loss must be paid immediately. We further reserve the right to recover from you any discretionary compensation payment that we may have to pay to another party as a result of any breach 14.1 or 14.3.
14.5 If a Booking of a room is terminated in accordance with 14.2 or 14.3 our obligations to you in relation to that part of the contract will cease immediately. We will have no obligation to refund you for lost accommodation and we will not pay for any expenses or costs incurred as a result of the termination of that Booking.
14.6 You will endeavour to ensure that all hotel equipment must be used in the correct manner and all rules and signage adhered to eg. No glass in pool area, No diving.
14.7 You will be liable for any damage or loss to the Hotel or its equipment caused by any Guest. Full payment for such damage or loss must be paid on demand. If you fail to make such payment you will be responsible for meeting any claims which are subsequently made by and/or against us as a result of the action of your Guest together with all costs (including legal costs) we incur in pursuing any claim against you.

15 MAINTENANCE/ WORKS

15.1 Improvements, maintenance and changes to the Hotel facilities and grounds take place throughout the year. We will always do our best to notify you in advance of any works during your Booking and try to ensure that Guests are not inconvenienced too much and any disruption kept to a minimum.
15.2 No compensation will be paid if a facility is not available but we will do our best to provide a suitable alternative.

16 PRICING AND OTHER ERRORS

17 OUR LIABILITY

17.1 Personal belongings are the responsibility of any Guest.
17.2 Cars at the Hotel are parked at the owner’s risk.
17.3 Although we make the Hotel as safe as possible, certain characteristics, for example uneven floors, steps, terraces etc, may pose a problem for some guests. We endeavour to bring such issues to your attention however you are responsible for the safety of your Guests.
17.4 Our entire liability for losses you suffer under these Terms and Conditions is strictly limited to the price of the Contract.
17.5 Despite the limitations within this clause 16 we do not in any way limit our liability:

for death or personal injury caused by our negligence;
for fraud or fraudulent misrepresentation or
for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

18 YOUR LIABILITY

18.1 In relation to any event, activity or retreat organised by you for your Guests at the Hotel you will have in place your own insurance or insurances which will indemnify us in the event of any claims being made against us by your Guests.
18.2 In relation to any event or activity arranged by you with any 3^rd party you will take out the necessary insurance with the person or organisation providing the event or activity.

19 PRIVACY

20 ENTIRE AGREEMENT, TERMS AND CONDITIONS

20.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.2 We each acknowledge that, in entering into a Contract, neither of us have relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
20.4 We reserve the right to change these Terms and Conditions at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.5 If any Guest breaches these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you or your Guest breaches the Terms and Conditions.
20.6 In the event that any word, phrase or provision in these terms and conditions be incorrect or unenforceable in any respect this shall not prejudice the remainder of the terms and conditions.
20.7 The Client agrees that:
20.7.1 the Client has read these terms and conditions and agree that they are legally binding
20.7.2 the Client will ensure that these terms and conditions are given to the Guest