1. Introduction
The purpose of this document is to regulate the TERMS or GENERAL CONTRACTING CONDITIONS of the Pre-Reservation and Online Reservation services of Apulia Praia Hotel, owned by Pugliatur – Sociedade Turística de Apúlia, Lda., with headquarters at Avenida da Praia, 45, 4740-033 Apúlia – Portugal, company registered at the Commercial Registry Office of Esposende, and Tax Information Number 505 011 131, Tel. 253 989 290 and Fax 253 989 299. The terms “You” and “User” are used here in reference to all individuals and/or entities that, for whatever reason, access www.apuliapraia-hotel.com or use the services.
The use of these services will represent the full and unreserved acceptance, and the validity, of each and every one of the Terms and/or General Conditions – which will be considered automatically incorporated in the contract signed with Apulia Praia Hotel, without the need for your written transcript in it – registered in the last updated version of these General Terms and/or Conditions.
2. Use of the Apulia Praia Hotel Pre-Booking and Online Booking services
2.1. Pre-Booking Services
Online Pre-Booking services are merely informative, and only intended to offer the user the possibility of checking room availability in a hotel or city of their choice. WITHIN 24 HOURS THE USER WILL RECEIVE AN E-MAIL CONFIRMING THAT HIS RESERVATION HAS BEEN MADE, WHICH WILL ONLY BE BINDING ONCE ACCEPTED BY Apulia Praia Hotel UPON CONFIRMATION OF THE RESERVATION BY E-MAIL AND SUBSEQUENT PAYMENT BY THE USER. The user must check the booking confirmation and notify Apulia Praia Hotel of any errors immediately and in writing.
2.2. Online Booking Services
a. The purpose of the online reservation services is to reserve a room at Apulia Praia Hotel. THE USE OF THESE SERVICES WILL REPRESENT THE FULL AND UNRESERVED ACCEPTANCE, AND THE VALIDITY, OF EACH AND EVERY GENERAL TERMS OR CONDITIONS – WHICH WILL BE CONSIDERED AUTOMATICALLY INCORPORATED INTO THE CONTRACT THAT IS SIGNED WITH APULIA PRAIA HOTEL, WITHOUT THE NEED TO BE REGISTRED WRITTEN TRANSCRIPTION IN THE SAME.
b. Contracting procedure: When using the service, the user will receive a confirmation email which will include confirmation that his purchase order is in the confirmation process. If you are a consumer, once the debit corresponding to your reservation has been made, you will receive an email confirming it; this email serves as proof of your booking.
c. Guarantee: The reservation is confirmed and guaranteed for the entire night with a credit card. If you do not show up at the hotel without prior notice, you will be charged the first night’s stay (VAT and taxes included).
d. Termination of the contract or cancellation of the reservation: The credit card is only a means of guarantee. The cancellation of reservations by the user will not incur in advance cancellation fees, provided that this is done before the established cut-off time in each country (hotel local time) on the day of arrival. After this threshold, the Apulia Praia Hotel will charge the cancellation fees as compensation, which will amount to the amount of the first night (VAT and taxes included).
This clause is not valid for reservations made with special rates. In this case, the respective established conditions will apply.
e. CANCELLATION POLICY
No amount will be charged on your credit card if the cancellation is made at least 48 hours in advance of the day of entry to the hotel (Portuguese time).
If the cancellation is made during the 48 hours prior to the day of entry, 50% of the total cost of the stay will be charged.
If the customer does not show up at the hotel without prior notice, 100% of the total cost of the stay will be charged.
These clauses are not valid for bookings made with special rates. In this case, the respective specified conditions will apply.
f. Policies related to children
Children up to 12 years old free of charge when sharing a room with 2 adults (one child per room). In all seasons.
g. Prices per room and night:
Prices are only valid in writing and for the period indicated therein. When there are justifiable reasons, Apulia Praia Hotel reserves the right to modify these rates without prior notice.
Rates referring to the reservation are indicated during the reservation process.
h. Prices displayed at the time of booking include VAT (or equivalent tax) in the currently applicable amount.
In the event that the tax rate changes between the booking date and the delivery date of the services, resulting in a disparity, in accordance with tax regulations, the tax rate applied to the final amount will be the rate applicable at the time of delivery of the services or tax increase, even if the former results in an increase in the final price communicated to the customer at the time of booking.
2.3. User undertakes to use the services in accordance with the law, morals, good customs and public order, as well as with the provisions of these Terms and/or General Conditions of contract. Therefore, you are obliged not to use the services for illicit purposes or effects and/or contrary to the provisions of these Terms and/or General Conditions of contract, harmful to the rights and/or interests of third parties or that, in any way, may harm the services, Apulia Praia Hotel and/or its image.
2.4. Apulia Praia Hotel may, for greater agility and for the benefit of users, unilaterally modify, at any time and without prior notice, the services provided, or the Conditions of operation, techniques and use of the services. In the same way, users, with the aim of improving the service and establishing an optimal level of quality, the ultimate objective of the Apulia Praia Hotel, will be able to suggest the modifications they consider useful, by contacting the hotel’s managers through the address of e-mail: geral@apuliapraia-hotel.com.
3. Protection of users’ personal data by Apulia Praia Hotel
The user of the Pre-Booking and Online Booking services offered through www.apuliapraia-hotel.com, , is voluntarily providing personal data (from now on Personal Data) and expressly and fully and unreservedly accepts that Apulia Praia Hotel processes them automatically and incorporates them into a file in order to be able to provide and offer its services, a file for which Apulia Praia Hotel is responsible, and which is registered or registered with the competent authority.
Data holders have the right to access the file at any time, being able to exercise the rights of rectification, cancellation and opposition in the Terms registered in the legislation on data protection. Likewise, the user’s consent to the processing and assignment of their personal data will be revocable at any time without retroactive effect, in accordance with the provisions of the Data Protection Law.
For this purpose, simply contact Apulia Praia Hotel via email geral@apuliapraia-hotel.com, or write to its head office located at Avenida da Praia, 45, 4740-033 Apúlia – Portugal. Apulia Praia Hotel guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, Apulia Praia Hotel guarantees the confidentiality of Personal Data, although it discloses Personal Data and any other information that is in its possession or accessible through its systems to the competent public authorities and is required in accordance with legal provisions and regulations applicable to the case. Users of www.apuliapraia-hotel.com guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated.
Apulia Praia Hotel services are not intended for minors and Apulia Praia Hotel does not request or collect information regarding minors.
On the other hand, the Apulia Praia Hotel may collect information through devices such as cookies or log files about the navigation of its users on www.apuliapraia-hotel.com. These devices are exclusively associated with a single user and their own personal computer. In such case, Apulia Praia Hotel will only use this data as a whole with the ultimate aim of improving its services.
The electronic document with which the reservation is formalized is filed electronically during the established statutory period. Customers can access their information by exercising their corresponding access rights in the aforementioned manner.
The operations for querying user account data and requesting services or products via the Web are carried out using a secure server. The software of such server encodes the information that the User enters before transmitting it to Apulia Praia Hotel. Likewise, Apulia Praia Hotel has strict security procedures regarding the storage and disclosure of data in order to prevent any unauthorized access to them, in accordance with the Data Protection Law in force in Portugal.
4. Correct use of the contents of the Website by the User
4.1. Apulia Praia Hotel declares that the industrial property rights (Trademarks, Commercial Names, etc.) that appear on this Website are its property and/or are legitimately exploited by virtue of agreements or use licenses, being duly protected by Existing regulations on Industrial Property. The User undertakes to use the Website diligently, correctly and lawfully and, in particular, undertakes to refrain from:
(a) Eliminate, avoid or manipulate the copyright, trademarks and other data identifying the rights of Apulia Praia Hotel or their owners incorporated in the contents and/or products sold from the Apulia Praia Hotel Internet Site, as well as the technical protection devices, digital marks or any information mechanisms they may contain.
(b) Use the contents and, in particular, the information of Apulia Praia Hotel obtained through its Website to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages intended for a plurality of people.
(c) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the holder of the respective rights or if this is legally permitted.
(d) In general, use the contents in a way, with purposes or effects contrary to the law, morality and generally accepted good customs or public order. Apulia Praia Hotel does not grant any license or authorization to use any of its industrial and intellectual property rights or any other property or right related to its Internet Site.
4.2. Procedure in case of infringement of intellectual property rights. If any User or a third party considers that any of the contents have been introduced on their Website in violation of their intellectual property rights, they must send a notification to Apulia Praia Hotel with the complete and precise indication of their data and intellectual property rights allegedly infringed, as well as the Website.
5. Right to Modify Terms and/or General Contracting Conditions
Apulia Praia Hotel reserves the right to modify these general terms and/or conditions, informing users of the changes made through www.apuliapraia-hotel.com.
6. Exclusion of guarantees and liability
6.1. APULIA PRAIA HOTEL DOES NOT GUARANTEE THE RELIABILITY, AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THEREFORE EXCLUDING ANY RESPONSIBILITY FOR DAMAGES AND/OR LOSSES OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE INTERNET OR ITS SERVICES, ALTHOUGH IT TRIES TO PROVIDE, TO THE EXTENT POSSIBILITY, TECHNICAL ASSISTANCE TO AFFECTED PEOPLE.
6.2. Apulia Praia Hotel IS NOT OBLIGED TO CONTROL AND DOES NOT CONTROL IN A PRIOR CHARACTER, THE ABSENCE OF VIRUSES OR ELEMENTS IN THE CONTENT, WHICH MAY CAUSE ALTERATIONS IN THE SOFTWARE OR HARDWARE OF USERS OR PEOPLE WHO VISIT THE PAGES, THEREFORE, IT WILL NOT BE RESPONSIBLE FOR DAMAGES AND LOSSES OF ANY NATURE THAT MAY RESULT FROM THE SAME.
6.3. IF APULIA PRAIA HOTEL, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, IS UNABLE TO PROVIDE THE ROOMS CONTRACTED FOR REASONS WHICH ARE NOT ATTRIBUTED TO IT AND IF THERE IS AN IMPOSSIBILITY TO PROVIDE THE SERVICES UNDER THE AGREED CONDITIONS, Apulia Praia Hotel WILL OFFER THE USER THE POSSIBILITY TO CHOOSE A FULL REFUND OF THE PAYMENT OR REPLACEMENT BY ANOTHER OF SIMILAR CHARACTERISTICS AS TO CATEGORY OR QUALITY. IF IN REPLACING THE SERVICE PROVES TO BE OF LOWER CATEGORY OR QUALITY, APULIA PRAIA HOTEL MUST REFUND THE DIFFERENCE.
7. Safeguarding the Terms and/or General Conditions of employment
If one of the stipulations of these Terms and/or General Conditions of employment is declared null or inoperative, the remaining Terms or General Conditions will remain in the agreed Terms. Apulia Praia Hotel undertakes to replace the stipulation affected by the nullity, getting as close as possible to the intention initially sought by the parties.
NO STIPULATION IN THIS AGREEMENT SHALL AFFECT IN ANY WAY THE IMPERATIVE PROVISIONS REGARDING CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY WAIVE YOUR RIGHT TO WITHDRAW.
8. www.apuliapraia-hotel.com and acceptance of rules of use
The user is aware of the fact that the use of the Pre-Booking and Online Booking services involves the full and unreserved acceptance of each of the clauses that make up the Rules of Use of www.apuliapraia-hotel.com, in the published version by Apulia Praia Hotel at the time the user contracts the service. Such rules of use complete these General Terms or Conditions in everything that they do not oppose. Therefore, the user must be aware of the importance of consulting the rules on this page, prior to accessing and/or using these services.
9. Applicable Law and Competent Jurisdiction
These Terms and/or General Contracting Conditions are governed by Portuguese Law. Apulia Praia Hotel and users, for the resolution of any controversy that may arise, regarding its validity, execution, compliance or resolution, in whole or in part, submit, with express waiver of their own jurisdiction or any other that, if applicable, it may be up to them, within the competence of the District Court of Esposende, Portugal. This contract constitutes the complete and integral expression of the agreement between Apulia Praia Hotel and the user, and replaces all previous pacts, commitments, declarations or agreements, both written and oral, that may have previously existed between both.
The Apulia Praia Hotel is a member of the Arbitration Center – CIAB of Braga – with the following contacts: Tel.253617604, Fax 253617605 and Email
geral@ciab.pt. In the event of a dispute, the consumer may resort to this Dispute Resolution Entity. More information at Consumer Portal
www.consumidor.pt.
In any case, any controversy arising from the provision of services at the hotel where the customer is staying must be sent to the institutions of the Consumer Protection Code.