TERMS & CONDITIONS FOR ALL BOOKINGS REGARDING CASA FAJARA BOUTIQUE HOTEL

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1 DEFINITIONS

Arrival Date: means the arrival date stated on Form 1, Form 2 and Form 3
Booking: means the confirmed details of your booking as set out on Form 3 or the Walk-in Booking Confirmation Form
Booking Confirmation: means the email sent to you marked Form 3 and which sets out the confirmed details of your booking hereinafter referred to as the Booking Confirmation
Child: means any person under 18 years of age.
Client: is the person specified as being the Client on Form 1, Form 2 and Form 3 or the Walk-In Booking Confirmation Form
Contract: means the contract between you and us
Departure Date: means the date stated on Form 1, Form 2 and Form 3 or the Walk-In Booking Confirmation Form
Deposit: means the amount stated as being the deposit on Form 2
Form 1: means the form marked Form 1 – Response to an Enquiry
Form 2: means the form marked Form 2 – Reservation & Deposit Details
Form 3: means the form marked Form 3 – Booking Confirmation
Group Booking: means a booking by a Client for 4 or more rooms either by way of a business or private booking
Guest: is the person or people who will be staying at the Hotel
Individual Booking: means a booking by a Client for up to 3 rooms
Reservation: means a request from you to make a Booking at Casa Fajara Hotel. A Reservation will only become a Booking when you receive Form 3
Total Cost of Stay: means the total cost of the stay as stated on Form 2
Walk In Request: means a request made in person at the Hotel for that night and, if appropriate, subsequent night/s
Walk-In Booking Confirmation Form: means the form handed personally to the Client in respect of a Walk-In Booking which sets out the confirmed details of your stay
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 Form 3 or the Walk-In Booking Confirmation 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)1672 516736. If you have any questions regarding your Booking then please email: groups@casafajara.com

3 RESERVATION/BOOKING PROCEDURE

3.1 Online Reservations:
3.1.1 Having received your online request we will email you Form 2 setting out the details of your proposed reservation including the dates the total cost and details of the Deposit and how it should be paid (the Deposit Details).
3.1.2 To proceed with the reservation you are required to pay the Deposit as per Form 2.
3.1.3 Within 48 hours of receiving the Deposit the Hotel will email Form 3 to you confirming that you have a Booking.
3.1.4 For the avoidance of doubt, if you do not receive written confirmation as set out in 3.1.3 no Booking will have been made, no contract will have been entered into and your request will be cancelled. It is your responsibility to make sure that you contact us if you have paid the deposit but no email has been received as set out in 3.1.3 above.
3.2 For all other Reservations:
3.2.1 Having received your initial enquiry we will send Form 1 to you by email after which, if you wish to continue with a reservation, we will email to you Form 2 setting out the details of your proposed reservation including the dates, the Total Cost of Stay and details of the Deposit and how it should be paid (the Deposit Details).
3.2.2 To proceed with the reservation you are required to pay the Deposit as per the Deposit Details.
3.2.3 Within 48 hours of receiving the Deposit the Hotel will (subject to availability) email Form 3 to you confirming that you have a Booking.
3.2.4 For the avoidance of doubt, if you do not receive Form 3 as set out in 3.2.3 no Booking will have been made, no contract will have been entered into and your request will be cancelled. It is your responsibility to make sure that you contact us if you have paid the deposit but have not received Booking Confirmation as set out in 3.2 above.
3.3 For all Reservations, other than Walk-In Reservations, these become a confirmed Booking when you receive Form 3
3.4 For Walk-In Reservations these become a confirmed Booking when the Walk-In Booking Confirmation Form has been signed and the Total Cost of Stay has been paid.
3.5 Bookings are made on a first-come, first-served basis. Therefore, if a Deposit has been paid but the reservation cannot be confirmed by us as a Booking, the Deposit will be refunded to you having agreed the method of refund.
3.6 For Group Bookings full details of all Guests in your party must be supplied to us in writing no later than two weeks before the Arrival Date
3.7 The Booking and the Contract between us is governed by these Terms & Conditions.

4 PRICE AND PAYMENT

4.1 The price for the Reservation is confirmed in Form 2.
4.2 The Deposit is required to be paid prior to the reservation request being confirmed by the Hotel and will be credited towards the Total Cost of Stay as detailed in Form 2.
4.3 The balance of the Total Cost of Stay as detailed Form 2 must be paid in full as follows;
4.3.1 For Group Bookings 12 weeks before the Arrival Date.
4.3.2 For Individual Bookings 30 days before the Arrival Date
We accept cash in Euros and all major credit and debit cards. We do not accept cheques or foreign currency.
4.4 Any additional costs incurred by you will be payable either at the time they are incurred or on Departure.
4.5 Any costs incurred by you or your Guests will be payable at the time they are incurred and directly to us.

5 CHECK IN – CHECK OUT

5.1 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.
5.2 If you or any Guest arrives outside the times stated in 5.1 and no prior confirmed arrangement has been made we reserve the right to charge you additional costs. We request that you or your Guest keep us informed of any delays regarding arrival as we will do our best to accommodate their arrival.
5.3 All Guests or the Guest in charge of a group of Guests will be asked to sign a form (known as the Arrival Consent Form) in which they agree to supply details of all passports, their credit card details and that they are to be bound by further terms and conditions relating to their stay at Casa Fajara which will be given to them on arrival.
5.4 Guests must vacate the rooms and check-out by 11.00 hours on the expected Departure Date. If a Guest fails to check-out by the stipulated time, we reserve the right to make an additional daily charge of up to 750€.
5.5 If a Guest wishes to arrange a noon check-out you must request this at the time of check-in. If we can arrange this there will be an additional charge of 30€ per room payable by you.

6 THE HOTEL, ROOMS AND ACCOMMODATION

6.1 Our online booking process or Form 2 will specify whether your reservation includes any meals.
6.2 All of our rooms are unique and as a result they vary in character, size and the number of Guests that can be accommodated. It is your responsibility to verify the details of a room or rooms stated on Form 1 and/or Form 2 or the Walk-In Booking Form meets your requirements or those of your Guests, especially the elderly, those with disabilities or children.
6.3 Subject to availability extra folding beds and/or cots may be provided at an extra charge. Please make such a request in your initial enquiry.
6.4 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.
6.5 All items and furniture in a room remains the property of the Hotel.
6.6 Other than the number of Guests noted on Form 1 and/or Form 2, no other people are allowed to stay overnight in the room or rooms. Should you want other people to visit the Hotel during the Booking period, 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 has to be limited.
6.7 Guests are not allowed to hold events such as parties in the room or rooms.
6.8 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 subject to a disclaimer being signed by the Guest
6.9 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.

​7 DAMAGE TO THE HOTEL, ROOMS, FIXTURES & FITTINGS AND EQUIPMENT

7.1 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.
7.2 We reserve the right to charge you for such damage or loss including (but not limited to) specialist cleaning, repair or replacement.
7.3 For all Bookings valid credit card details must be supplied as follows:
7.3.1 For Group Bookings no later than 12 weeks before the Arrival Date.
7.3.2 For Individual Booking on the Arrival Date
The credit card will be used to reimburse our reasonable costs for any cleaning, repair or replacement resulting from any damage or loss.
7.4 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.
7.5 If a Guest damages any bedding or linen, we reserve the right to charge you up to 1000€ for specialist cleaning, repair or replacement.

8 CHILDREN

8.1 If any Guest is a Child you will ensure that;
8.1.1 The Child is accompanied by a parent or guardian who is also a Guest;
8.1.2 The safety of all children will remain the responsibility of their parents or guardians at all times and
8.1.3 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.
8.2 A Child is not permitted to purchase or drink alcohol in the Hotel or its grounds.
8.3 If a Child is not properly supervised and causes 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.
8.4 In addition to, or in place of 8.3, 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.

9 PETS

9.1 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 wherever the animal has been.

10 CANCELLATION

10.1 If you wish to cancel your Booking, you must make a request to cancel in writing.
10.2 Your Booking will not be cancelled until such time as we email you confirmation of cancellation.
10.3 The following cancellation charges will apply;
10.3.1 For Group Bookings:
10.3.1.1 Cancellation more than 12 weeks prior to the Arrival Date – 80% of the Total Cost of Stay
10.3.1.2 Cancellation less than 12 weeks prior to the Arrival Date – 100% of the Total Cost of Stay
10.3.2 For Individual Bookings:
10.3.2.1 Cancellation more than 12 weeks prior to the Arrival Date – 40% of the Total Cost of Stay
10.3.2.2 Cancellation from 12 weeks to 3 weeks prior to the Arrival Date – 50% of the Total Cost of Stay
10.3.2.3 Cancellation less than 3 weeks prior to the Arrival Date – 100% of the Total Cost of Stay
10.4 If you shorten your 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.
10.5 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 and charge a 100% cancellation.
10.6 Any refund of Deposit due as per clause 10.3. will be 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.

11 AMENDMENTS BY YOU

11.1 Amendments to the Booking such as guest numbers and/or arrangements must be requested to us in writing or by email. We will then notify you of any additional costs which will be payable immediately.
11.2 Any amendments are not agreed until you have received email confirmation from us that the Booking can be amended.
11.3 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.
11.4 We reserve the right to charge an “Amendment Fee” of 20€ per amendment.

12 AMENDMENTS BY US

12.1 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.
12.2 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:
(a) accept the changed arrangements as notified;
(b) request an alternative arrangement with us, or
(c) 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.
12.3 We are not liable for third party costs and would recommend that you have insurance to protect you from any losses.

13 GUEST BEHAVIOUR

13.1 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:
(a) creating an inappropriate level of noise;
(b) drunken or unruly behaviour and/or
(c) any behaviour which other Guests or staff find offensive in any way.
13.2 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.
13.3 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.
13.4 In the event we terminate a Booking of a room in accordance with 13.2 or 13.3 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 13.1 or 13.3.
13.5 If a Booking of a room is terminated in accordance with 13.2 or 13.3 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.
13.6 You will 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.
13.7 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.

14 MAINTENANCE/ WORKS

14.1 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.
14.2 No compensation will be paid if a facility is not available but we will do our best to provide a suitable alternative.

15 PRICING AND OTHER ERRORS

15.1 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.

16 OUR LIABILITY

16.1 Personal belongings are the responsibility of you and/or your Guest
16.2 Cars at the Hotel are parked at the owner’s risk.
16.3 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
16.4 Our entire liability for losses you suffer under these Terms and Conditions is strictly limited to the price of the Contract.
16.5 Despite the limitations within this clause 16 we do not in any way limit our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation or
(c) for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16.6 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.
16.7 We promote activities run by 3rd parties and will endeavour to assist you in arranging such activity but we will not accept any responsibility or liability for such activities

17 YOUR LIABILITY

17.1 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.
17.2 In relation to any event or activity arranged by you with any 3rd party you will take out the necessary insurance with the person or organisation providing the event or activity.
17.3 If you have made a Booking in the course of business a copy of your valid insurance policy or polices must be given to us no later than 12 weeks before the Arrival Date.

18 PRIVACY

18.1 Personal information, such as your contact details, provided to us during the reservation process will be held in accordance with current Data Protection legislation.
18.2 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.

19 ENTIRE AGREEMENT, TERMS AND CONDITIONS

19.1 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.
19.2 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.
19.3 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.
19.4 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.
19.5 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.
19.6 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.
19.7 The Client agrees that:
19.7.1 the Client has read these terms and conditions and agree that they are legally binding and
19.7.2 the Client will ensure that these terms and conditions are given to the Guest

20 LAW AND JURISDICTION

20.1 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.

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01.04.21