Terms & Conditions
These terms and conditions define the rights and obligations that apply to you when you reserve an apartment directly at Vista Marina or via one of our digital channels (such as our Vista Marina website, reservation number, email, walk-in).
You (hereinafter Guest/Customer/You/Your) will be asked to confirm your acceptance of these terms and conditions when you make a reservation.
RESERVATION/S
To reserve your apartment please follow the instructions on the website, reservation number, email, walk-in (as applicable).
You must be at least 18 years old to make a reservation. Anyone staying at Vista Marina under 18 must be accompanied by an adult. A valid ID is requested on check-in.
You will need to provide your credit or debit card details to secure your reservation. Vista Marina accepts Visa, MasterCard and American Express to secure a reservation.
Please check that the details of your reservation are complete and accurate before you confirm your reservation. We will not be liable for any delay or non-performance if you provide us with incorrect information.
We will confirm our acceptance of your reservation by sending you an email to the email address that you provide during the reservation process. The contract between us for the provision of your apartment and any additional services added to your reservation will be formed when you receive this email confirmation from us.
You are solely responsible for your choice of services and the suitability of those services for your need. We cannot be held responsible in this respect.
The Customer does not acquire the right to be provided with specific apartments.
The Parties to the contract are Vista Marina and the Customer. If a third party placed the order on behalf of the Customer, then that party shall be liable vis-à-vis Vista Marina for all obligations arising from Vista Marina accommodation contract as joint and several debtors together with the Customer, insofar as Vista Marina has a corresponding statement by the third party.
Rates published online are not valid for Group Bookings. A “Group Booking” is defined as a booking for 10 apartments or more with the same or similar arrival and departure date.
In case of any reservation that has been identified as a Group Booking via vistamarina.pt, Vista Marina reserves the right to:
– contact the client in connection with special conditions and rates relating to Group Bookings.
– refuse and cancel any such reservations if the client has not accepted Vista Marina’s applicable special booking conditions and rates.
Exceptions to this are Group Bookings which are reserved via an authorised and dedicated booking link.
For complaints relating to Vista Marina reservation, please contact Vista Marina.
Any claims against Vista Marina shall be time barred according to the applicable laws and regulations.
PRICES
Apartment prices are per apartment, per night and are inclusive of VAT at the applicable rate at the time of your reservation. If the rate of VAT changes between the date of your reservation and the date of your stay, we may adjust the rate of VAT but the price you pay will remain the same. The same applies to municipal taxes or other government tax.
Meals, beverages, and alcohol along with any other extras are not included in the apartment price but you may be able to add them to your reservation during the booking process or they may be available to you during your stay.
CANCELLATION
Your right to cancel
Any cancellation or amendment request by the client must be sent to Vista Marina in writing, by email or post and will take effect on the day Vista Marina receives the request.
You will be liable to pay the cancellation or amendment charges as follow:
Unless stated otherwise, flexible bookings may be cancelled 7 days prior to arrival. If you cancel and have paid for the apartment in advance by debit/credit card, a full refund will be processed to the same debit/credit card used the next working day though it may take a few days for the funds to reach your account. A cancellation reference will be given and should be retained as proof of cancellation. However for cancelations within the 7 days period prior to arrival a penalty of 50% will be charged.
For flexible bookings if you do not check in at Vista Marina before 11 pm on the check in date as stated in your booking and if we do not receive any prior notification for the failure to check in (“no show”) and have not already paid for the apartment in advance you will be charged a cancellation charge equivalent to one night’s total accommodation per apartment booked and for any meals and other extras booked for the first night of your stay (for example dinner, breakfast (the following morning) as applicable) . A cancellation reference will be given and should be retained as proof of cancellation. Such cancellation charge is to compensate Vista Marina for the late cancellation and is not for any service.
The first night of any booking made after 6pm local time – 48 Hours prior to arrival, full payment will be taken and the cost of any meals and other extras booked for the following day is non-refundable in the event of a cancellation (including any “no show”).
After the cancellation period, the whole reservation becomes fully non-refundable including any associated meals and/or additional extras. Such cancellation charge is to compensate Vista Marina for the late cancellation and is not for any service.
To the extent Vista Marina and Customer agreed in writing upon a date for a cost-free cancellation of the contract, the Customer may cancel the contract up to that date without incurring payment or damage compensation claims by Vista Marina. The Customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis Vista Marina by the agreed date.
Reservations with prepayment cannot be changed and/or cancelled in any way, and sums paid in advance as a deposit are non-refunded and are non-transferable. Full payment will be taken at the time of booking. A cancellation reference will be given and should be retained as proof of cancellation.
For non – refundable bookings in case of no show the total amount of the stay will be charged, 100% penalty.
For non – refundable bookings in case of cancelation at any period 1 hour after booking the total amount of the stay will be charged, 100% penalty.
If you have made a group booking, our cancellation terms will be communicated in the reservation.
There will be no refunds if the client voluntarily decides to stop using the services included in the holiday before the end of his/her stay.
Our right to cancel
Your breach
We may cancel your reservation at any time with immediate effect by giving you written notice (which includes email) if:
– you do not pay us when you are required to do so; or
– you break the contract between us in any way.
If we cancel your reservation where you are at fault, we reserve our legal rights in respect of your breach of contract. Where your stay had/has not yet commenced, the total payment made or to be made by you for such apartment shall be deemed a cancellation charge and is not for any service.
Events outside our control
We may also cancel your reservation if an event outside of our control (including but not limited to industrial action, explosion, outbreak of disease, health and safety issues, fire, flooding, and failure of power and/or water supplies or emergency evacuation) means that we are unable to make your apartment available to you. In this case, we will contact you to let you know as soon as possible and:
– if you have already paid for your room, we will refund your payment to you; or
– if you have not yet paid for your room, you will not have to make any payment to us.
Save as set out above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by an event outside of our control. This does not affect your statutory rights.
CHANGES BY THE COMPANY
In case the accommodation could not be occupied because of unforeseen reasons, not attributable to the company, the company has the right to substitute the original accommodation by other with the same or superior characteristics, without any additional payment.
If apartments are not used by the Customer, Vista Marina must apply credit for the income from renting the apartments to other parties and for saved expenses.
At its discretion, Vista Marina may demand the contractually agreed compensation and to make a flat rate deduction for saved expenses. In this case, the Customer shall pay a percentage, determined by the applicable laws or Vista Marina’s internal regulations, of the contractually agreed rate for lodging with or without breakfast.
Guests departing before their booked checkout date will be charged for the remaining nights of the original reservation confirmation.
We reserve the right to:
– change your apartment allocation and/or Vista Marina location at any point during your stay for any reason; or
– cancel any booking(s) due to health and safety concerns or full or partial closure of Vista Marina. In the event we have to cancel your booking(s), we will attempt to notify you and a full refund will be processed to the same debit/credit card, though it may take a few days for the funds to reach your account.
REGISTRATION
Customers may be asked on arrival at Vista Marina to fill out a registration card. For this purpose, Customers will be asked to provide identification.
Vista Marina has Internal Regulations for Customer and You accept to be bound by and undertake to respect these regulations.
Vista Marina offer WIFI access that allow you to connect to the internet. You undertake to ensure that computing resources made available by us are not used for any illegal purposes or in any way for reproduction, representation, provision or communication to the public work or object protected by copyright or related right such as texts, images photographs (and so on) without the authorization of the copyright holder when this authorization is required.
YOUR INFORMATION
We keep your data safe and secure. We process personal data collected by us in connection with your use of our wireless network. Full details about how we use your data are set out in our Privacy Policy at https://www.vistamarina.pt/privacy-policy . When making a reservation, including by using our wireless network, you consent (on your behalf and behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.
OCCUPANCY
You must not exceed the maximum occupancy for the apartment allocated to you. We reserve the right to conduct checks on occupancy. Occupancy is not transferable.
Children under 18 are not permitted to stay in Vista Marina unless a parent or guardian is also staying in Vista Marina. We reserve the right to request valid photographic proof of identity and age, so please bring this with you, otherwise where requested you will not be permitted to stay.
Unless otherwise agreed in writing on the booking confirmation, You are entitled to check in at any time from 4:00 p.m. on the agreed arrival date. The Customer does not have the right to earlier availability.
On the agreed date of departure, You shall kindly vacate your apartment (s) and make it/them available to Vista Marina no later than 10:00 am unless otherwise agreed in writing. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, Vista Marina may charge 50 percent of the full accommodation rate for the additional use of the apartment until 3:00 p.m. (after 3:00 p.m.: 100 percent). The Customer is at liberty to show Vista Marina that it incurred no or much lesser claim to use damages. Vista Marina shall act to remedy upon knowledge thereof or upon objection without undue delay by the Customer. The Customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
Insofar as a parking space is provided to the Customer in Vista Marina garage or a parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. Vista Marina assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on Vista Marina’s property, nor the contents thereof, excepting cases of intent or gross negligence.
Wakeup calls are carried out by Vista Marina with the greatest possible diligence. Messages, mail and merchandise deliveries for guests are handled with care. Vista Marina assumes no liability in this regard but will make its best effort to deliver, hold, and for a fee forward such items (on request).
PAYING
If you have not paid for your apartment and any extras added to your booking in full at the time you make your reservation, you will need to pay on the date of arrival. If payment is not made on that date, Vista Marina will charge the credit or debit card you used to secure your reservation.
Payment may be made by cash (with proof of identification) and credit/debit card (Visa, MasterCard, American Express, others). The expiry date of your debit/credit card must be later than the end of your stay. We do not accept personal cheques.
OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
We do not accept liability for failure to meet any of our obligations where such failure is due to events beyond our reasonable control.
If we breach these terms and conditions for reasons within our control, we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach.
Save as prohibited by applicable law, we shall not be liable whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, for any indirect or consequential losses including:
– loss of income, sales or revenue;
– loss of business;
– business interruption;
– loss of profits or contracts;
– loss of anticipated savings;
– loss of data;
– loss of reputation and/or goodwill; or
– wasted management or office time.
Where we are liable to you (save as prohibited by applicable law) our maximum liability to you whether, in contract, tort (including negligence) or for breach of statutory duty shall in no event exceed the price of your reservation unless applicable law otherwise dictates, in which case our liability will be limited to the maximum prescribed under applicable law.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
In the event of a dispute relating to these terms and conditions, You should first contact our customer services or Vista Marina of your stay to attempt to resolve the dispute amicably.
These terms and conditions and any non-contractual obligations arising in connection with them are governed by the Portuguese laws.
The courts have exclusive jurisdiction to determine any dispute arising in connection with these terms and conditions, including disputes relating to any non-contractual obligations.
WEBSITE INFORMATION
While all reasonable efforts have been taken to ensure the accuracy of information on our website, we do not accept responsibility for errors or omissions and reserve the right to amend or cancel the arrangements features on our website without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of Vista Marina.
The content of the websites is our copyright and may not be copied, reproduced, published distributed or amended for any other purpose without our prior written consent.
Trademarks used on the websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We shall not be held responsible for the content or use of third-party sites.
Vista Marina reserves the right to modify these terms and conditions at any time and you should therefore check these each time you make a reservation. The terms and conditions applicable to your reservation will be in place on the date that you make your reservation.
CONTACT US
If you require further information or have any questions regarding our website or these terms and conditions, then please write to us at @vistamarina.pt.
ALTERNTIVE DISPUTE RESOLUTION
In the event of a dispute, the consumer can turn to the following Alternative Dispute Resolution body:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Rua D. Afonso Henriques, 1 4700-030 Braga
Tel.: 253 619 107 E-mail: [email protected] Web: https://www.cniacc.pt/pt/
CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Edifício Ninho de Empresas, Estrada da Penha – 3o andar, sala 26 8005-131 Faro
Tel.: 289 823 135 E-mail: [email protected] Web: www.consumidoronline.pt
For more information check out the website: www.consumidor.gov.pt
RESERVATION OF RIGHTS
In addition to any other rights or remedies that may be available to Vista Marina. Vista Marina reserves the right to cancel / modify reservations made and to refuse entry / service to any persons in its sole discretion without notice and without any liability if it appears that such reservation or entry would be for any fraudulent or inappropriate purpose, or otherwise contrary to the interests of Vista Marina.
DATA PROTECTION (Organic Law 15/1999 of 13th December).
Incompliance with the Organic Law 15/1999 of 13th December, on Protection of Personal Data (“LOPD”), we inform that, through the completion of forms, your personal details will be incorporated and held in the company files, with the purpose of being able to offer and provide you with our services. In addition, we inform you of the possibility to exercise the right of access, rectification, cancellation and opposition with regard to your personal data, the company being responsible for the file.