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Terms and Conditions

Please read these Terms & Conditions (“T&C” or “Terms”) carefully as they contain important information about your rights, duties, and obligations. By accessing or using the Algarve Golden Properties Booking Platform, you agree to comply with and be bound by these Terms.

Last updated: April 5, 2020

These terms and conditions, which may be updated at any time, apply to all our services, directly or indirectly, made available online, through any mobile device, by email or by phone. By accessing, browsing and using our website (mobile) or any of our applications through any platform (hereinafter collectively referred to as “Platform”) and/or completing a booking, you become aware of and agree to read, understand and agree to the terms and conditions below.

These Terms constitute a legally binding agreement (“Agreement”) between you and Algarve Golden Properties (as defined below), which govern your access to and use of the website, including any subdomains and other websites through which Algarve Golden Properties makes its services available (collectively, “Platform”). The references, in these Terms, to “Algarve Golden Properties”, “we”, “us” or “our” refers to the Tower of Time, Unipessoal LDA, with tax office at Rua Tenente Sanches Miranda, 19, 7800-072 Beja, of the trade name Algarve Golden Properties.

As referências, nos presentes Termos, a “Algarve Golden Properties”, “nós”, “nos” ou “nosso” significam a Tower of Time, Unipessoal LDA, com sede fiscal em Rua Tenente Sanches Miranda, 19, 7800-072 Beja, e de nome comercial Algarve Golden Properties.

Our collection and use of personal information related to your access to and use of the Algarve Golden Properties Platform as described in our Privacy Policy.

Algarve Golden Properties is a private local accommodation management company, own and third parties, which provides an online booking platform that allows registered users (“Partners”) to publish offers (“Advertisements”) for use, holiday real estate or other purposes.  It also allows you to communicate and transact directly with Members (“Guests”) who seek to book these accommodations.

The Partner is solely responsible for identifying, understanding, and complying with all laws, rules, and regulations applicable to its Ads.  In Portugal, the Partner must register, obtain an authorization, or obtain a license before providing paid accommodation services.

Partners and Guests may be individually or collectively designated by Part. Unless the contrary results from their context, the words, and expressions defined herein in the singular include their plural and vice versa.

Content

  1. Scope of Algarve Golden Properties Services
  2. Terms applicable to all Bookings
  3. Guarantees and responsibilities
  4. Book Accommodation
  5. Rates
  6. Privacy and Cookies
  7. Platform Utilization Rates
  8. Booking Payments
  9. Prepayment, cancellation, no-show and important information
  10. Security Deposit
  11. Prohibited activities
  12. Compensation
  13. Legal Notice
  14. Applicable Law and Jurisdiction
  15. Amendment to the Terms
  16. Contacts and support

1. Scope of Algarve Golden Properties Services

1.1) Algarve Golden Properties is a private local accommodation management company, for its own self and third parties, which offers an online booking platform that allows registered users (“Partners”) to publish offers (“Advertisements”) for use, holiday real estate or other purposes. It also allows you to communicate and transact directly with Members (“Guests”) who seek to book these accommodations.

1.2) The Partner is solely responsible for its Ads.  By making or accepting a booking, partners and guests are entering into a contract directly with each other.  Algarve Golden Properties is not and will not be a contracting party or participate in any way in any contractual relationship between the Parties, nor is it a real estate agent or insurance agent.

1.3) Although we can help facilitate dispute resolution, Algarve Golden Properties has no control and does not guarantee (i) the existence, quality, safety, suitability or legality of any Advertisements; (ii) the veracity or correctness of any descriptions of Ads, Ratings, Comments or other Partner Content; or (iii) the performance or conduct of any Partner or third party. Algarve Golden Properties does not recommend any Partner or Advertisement. Any reference to a Partner’s “verification” (or similar language) only means that the Partner has been subject to a relevant verification or identification process and nothing more. Such a description does not constitute the approval, certification, or warranty of Algarve Golden Properties with respect to any Partner, including the identity or background of the Partner or that the Partner is reliable, secure, or appropriate. The Partner shall act with due diligence and attention when deciding to accept a reservation request from a Guest or communicate and interact with other Partners, online or in person.

2. Terms Applicable to all bookings

2.1.) Subject to compliance with any requirements (such as completing any verification processes) defined by Algarve Golden Properties, the Guest may book an Advertisement available on the Algarve Golden Properties Platform, following the respective booking process. All applicable fees, including the Accommodation Fee, the Security Deposit (if applicable), and any applicable Taxes (collectively, “Total Fees”) will be presented to you before booking an Accommodation. The Guest agrees to pay the Total Fees for any reservation requested, within the scope of his Algarve Golden Properties Account

2.2.) Upon receipt of a booking confirmation from Algarve Golden Properties, a legally binding agreement is concluded between the Guest and the Partner, subject to any additional terms and conditions of the Partner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Notice. Algarve Golden Properties will charge the Accommodation Fee (in whole or in part) at the time of the booking request or after the Partner’s confirmation.

2.3.) If you book accommodation on behalf of other guests, you are asked to ensure that all of you meet any requirements set by the Partner and that you are informed and accept these Terms and any terms and conditions, rules and restrictions set by the Partner. If you make a reservation for an additional guest who is a minor, the Guest declares and warrants that he or she is legally authorized to act on his/her behalf. Minors can only stay if accompanied by an adult responsible for them.

3. Guarantees and responsibilities

3.1) Partners and Guests fill in their information so that they are transmitted to each other, through Algarve Golden Properties and, in the case of Partners, their Accommodations, so that they can be made available in the Advertisements provided on the Algarve Golden Properties Platform or booked by guests. If the Partner or Guest registers on the Algarve Golden Properties Platform on behalf of a company, organization, or other types of a legal person, he declares and warrants that he has the necessary powers to bind that entity or represented and to grant all permissions provided for in these Terms.

3.2) Partners and Guests must provide accurate, up-to-date, and complete information during the registration process and keep the information contained in the Algarve Golden Properties Platform up to date.

3.3) Partners and Guests may not register more than once for the same purposes.

3.4) Partners and Guests are responsible for maintaining the confidentiality and security of their information or information disclosed to each other through the Algarve Golden Properties Platform, nor may they disclose such information to third parties.

3.5) Partners and Guests must immediately notify Algarve Golden Properties if they become aware of or have any reason to suspect that their information or that the information that was transmitted to them has been lost, stolen, misused or otherwise compromised or in the event of any effective or suspected action contrary to these Terms or the purpose of Algarve Golden Properties.

3.6) Partners and Guests are responsible for any and all activities carried out against each other unless duly proven that these activities were not authorized by themselves and that there was, in any other way, negligence.

4. Book Accommodation

4.1) After receiving the confirmation of Accommodation Reservation by Algarve Golden Properties, partners and guests are bound by the terms defined therein, and any other matters, such as the conditions for access to the Accommodation, will be established directly with each other.

4.2) The legally binding terms accepted between the Partner and the Guest upon submission of the Accommodation Reservation may be subject to any additional conditions that the Parties wish to negotiate, for which they are solely responsible.

4.3) Partners and Guests are responsible for full compliance with the terms established for the Accommodation Reservation and must communicate to the counterparty whenever there is any change or modification that makes it impossible or interferes with the agreement.

4.4) The Guest understands that a confirmed reservation for an Accommodation (“Accommodation Reservation”) corresponds to a limited license granted to him by the Partner to enter, occupy and use the Accommodation during his/her stay and that the Partner (only and to the extent permitted by applicable law) retains the right to access the Accommodation in accordance with the agreement they have both entered into.

4.5) The Guest agrees to leave the Accommodation at the latest at the check-out time defined by the Partner in the Announcement or the other time agreed between them. If you remain beyond the agreed check-out time without the Partner’s consent (“Excess Stay Period”), the Guest is no longer authorized to remain in the Accommodation, the Partner having the right to ask you to leave in a manner consistent with applicable law.

4.6) During his/her stay, the Guest must use the Accommodation in accordance with prudence, good manners and the diligence that is normal to use residence facilities for a limited period of time.

4.7) Algarve Golden Properties is not and will not become a party to, or will otherwise participate in, the relationship between the Parties arising from the Accommodation Reservation, so it cannot be held liable in any way for it, regardless of its cause or reason.

5. Rates

The prices offered by Partners on our Platform are highly competitive. All prices are presented with VAT/sales taxes and any other taxes (subject to change thereof) and fees unless otherwise expressed on our Platform or in the email/confirmation ticket. Ticket prices are per person or group and are subject to the validity indicated on the ticket itself, if applicable. Tourist or city tax is charged by the Partner directly and will not be charged at the time of booking.

Obvious errors and misconceptions (including printing errors) are not binding.

All special offers and promotions are marked as such. If they are not flagged as such, you cannot derive any rights as a result of obvious errors or failures.

6. Privacy and cookies

Algarve Golden Properties respects your privacy. Please refer to our privacy statement and cookies for more information.

7. Platform Utilization Rates

Our service is free of charge for Guests and we will not charge you for the use of our platform or any other additional (booking) fees for the rate. The Guest will pay the Partner the relevant amount indicated in the Accommodation Reservation (and everything else not included in the price – taxes, import fees, and other charges (if applicable)).

In accommodation sums available that are not managed by Algarve Golden Properties, Partners pay a commission (a small percentage of the price per night booked) to Algarve Golden Properties after the Guest stays (and pays) the stay.

Only Partners who have business relationships with Algarve Golden Properties (through a written agreement) will be available on the Platform. Algarve Golden Properties is not an open platform where users can make their products available, nor does it allow non-professional entities to make their accommodation available.

8. Reservation payments

Payment (in whole or in part, as required by the accommodation payment terms) of accommodation bookings made through the Algarve Golden Properties Platform is made through secure online payment methods (provided they are provided and assisted by your bank). Algarve Golden Properties facilitates (through third-party payment processors) the payment of the relevant service (i.e. the payment service). Payment is processed securely from your credit/debit card or ATM reference through a third-party payment processor. Any payment made to the Partner in this way shall, in each case, constitute a payment of (part) of the reserve price by you of the relevant service in the final settlement corresponding to the (partial) price due and total, and may not refund those amounts paid.

At certain rates (non-refundable) or special offers, please note that the Partner may require payment to be made in advance by bank transfer (if available), ATM reference, or by credit card. This way, your card may be pre-authorized or charged (sometimes without any refund option) when booking accommodation. Please check carefully the information (of the reservation) of your product or service to become aware of any applicable conditions before making your Accommodation Reservation. You will not hold Algarve Golden Properties liable for any (authorized, (allegedly) unauthorized or wrong) charges made by the Partner and will not claim any amount for any charge valid or authorized by the Partner (including for prepaid rates, no-shows and cancellation with costs) of your credit card.

9. Prepayment, cancellation, no-show and important information

When making an Accommodation Booking with a Partner, you accept and agree to the relevant cancellation and no-show conditions of that Partner and any additional terms and conditions. A Partner’s terms and conditions may be obtained from the Partner in question. The general cancellation and no-show conditions of each Partner are made available on our Platform, on the Partner’s information pages, during the booking process, and in the confirmation email. Please note that certain rates or special offers cannot be canceled, refunded, or changed. Please check the property description carefully before making your reservation. Please carefully check the (booking) information of your chosen product or service to check these conditions before making your booking. Please note that an Accommodation Booking requires payment of an entry (partial or total) or prepayment and may be canceled (without notice or notice) to the extent that the relevant (remaining) amount is not charged in full on the relevant payment date, in accordance with the partner’s attributable payment terms and the reservation. Cancellation and payment conditions may vary. Please read carefully the important clauses and information in your booking confirmation for additional conditions that may apply by the Partner (e.g. with respect to age, security deposit, non-cancellation/additional charges for group bookings, extra beds/no free breakfast, pets/cards accepted). The incorrect late payment, bank, and credit or debit card details, invalid credit or debit card or insufficient balance are at your own risk and for this reason, you will not be entitled to claim any refund of prepayments (non-refundable) unless the Partner agrees or allows this exception in its (pre) payment and cancellation conditions.

If you would like to review, adjust, or cancel your Accommodation Booking, please consult the Partner directly. Please note that you may be charged for your cancellation in accordance with the partner’s (pre) payment and no-show payment; or that you may not be entitled to any refund of (prepaid) amounts paid. We recommend that you carefully read the cancellation, (pre) payment and no-show of the accommodation partner before making your booking. Do not forget that you must make future payments due in time, as required by the booking in question.

In case of late arrival or late check-in or arrival date the following day, be sure to inform (in a timely manner) the Partners, to let them know your arrival time and to avoid canceling your Accommodation Reservation or charging for a no-show. If you need it, our customer service can inform the Partner. Algarve Golden Properties is not responsible for the consequences related to your delay or any cancellation or no-show fees charged by the Partner.

10. Security Deposit

All Listings available on the Algarve Golden Properties Platform require payment of a Security deposit in order to cover potential damage to the property. This deposit will be delivered by the Guest directly to the Partner, in the agreement established between the two. It is not the responsibility of Algarve Golden Properties to guarantee this payment or its return, as well as the reasons for its retention if they occur.

11. Prohibited activities

The Partner is solely responsible for compliance with any and all laws, regulations, and other rules, and tax obligations that may apply to accommodations or their use of the Algarve Golden Properties Platform.

In connection with the use of the Algarve Golden Properties Platform, the Parties will not, nor will they contribute to others:

  • Violate or violate any applicable laws or regulations, agreements with third parties, rights of third parties, or these Terms, Policies, or standards of action.
  • Use the Algarve Golden Properties Platform or its content for any commercial use or other purposes that are not expressly permitted by these Terms, or in any form that fraudulently implies approval of Algarve Golden Properties for any partnership or relationship that otherwise misleads others about your connection to Algarve Golden Properties.
  • Copy, retain or otherwise use any information, including personal information about any Party or a third party, inserted in the Algarve Golden Properties Platform, that is inconsistent with the Privacy Policy of the Algarve Golden Properties Platform or otherwise violates the privacy rights of the Parties or third parties;
  • Use the Algarve Golden Properties Platform in the context of the unsolicited distribution of messages (“spam”);
  • Offer, as a Partner, any Accommodation for which you do not own or are not permitted to make it available for any purpose.
  • Unless expressly permitted by Algarve Golden Properties, book any Accommodation other than for your own use;
  • Contact the other Party for other purposes other than to clarify matters relating to your own booking, the Accommodation Notice or the other Party’s use of the Algarve Golden Properties Platform, including but not limited to contacting the other Party for services disclosure, recruitment or any other form of a request from the Parties to join third-party services, applications or websites;
  • Use the Algarve Golden Properties Platform to request, make or accept a reservation outside the Algarve Golden Properties Platform, to circumvent any Service Fees or for any other reason;
  • Require, accept or cover any payment by way of Listing Fees outside the Algarve Golden Properties Platform or by the use thereof, and when this occurs, these others acknowledge and accept that: (i) they will be violating these Terms; (ii) accept all risks and responsibilities for such collection, and (iii) reject the imputation of any liability against Algarve Golden Properties for such collection.
  • Discriminate or harass any person based on their race, nationality, religion, gender, gender identity, physical or mental disability, clinical condition, marital status, age or sexual orientation, or otherwise engage in violent, harmful, abusive or disruptive behavior;
  • Misuse or abuse the Accommodations or Advertisements or any services associated with the Algarve Golden Properties Platform;
  • Use, display, copy, reflect or frame the Algarve Golden Properties Platform or its content, any individual element within the Algarve Golden Properties Platform, the name “Algarve Golden Properties”, any Algarve Golden Properties brand, logo or other intellectual property rights, or the layout and design of any page or form included on an Algarve Golden Properties page without obtaining the express consent of Algarve Golden Properties;
  • Defame, stain or otherwise harm the Algarve Golden Properties brand, including through unauthorized use of its content, registering and/or using Algarve golden properties names or derivatives in domain names, trade names or trademarks or identifiers of any other nature, or registering and/or using domain names, trade names or identifiers of any other nature that may roughly mimic or create confusion with Algarve Golden Properties domain names, trademarks, taglines, promotional campaigns or content;
  • Use any robots, spiders, crawlers, scrapers or other automatic means or processes to access, collect data or any other content from, or otherwise interact with the Algarve Golden Properties Platform, for any purpose;
  • Avoid, circumvent, remove, disable, harm, decrypt or otherwise try to infringe any technological measure implemented by Algarve Golden Properties or the partners or associates of Algarve Golden Properties or any third parties to protect the Algarve Golden Properties Platform;
  • Try to decipher, decompile, disassemble, or practice reverse engineering in any software used to make the Algarve Golden Properties Platform available;
  • Take any action that harms, affects or is likely to harm or adversely affect, or that may harm or adversely affect, the performance or proper functioning of the Algarve Golden Properties Platform;
  • Export, re-export, import or transfer the Platform unless agreed with Algarve Golden Properties or permitted by Portuguese law, the export laws of your jurisdiction or any other applicable laws;
  • Violate or infringe the rights of others or otherwise cause harm to others.

12. Compensation

To the fullest extent permitted by applicable law, the Partner(s) and/or the Guest(s) agree to release, adopt the position of Algarve Golden Properties, indemnify and, in any event, hold Algarve Golden Properties and any of its employees liable for and against any claims, liabilities, damages, losses, and expenses, including, without limited to, any legal or accounting fees arising out of or in any way relating to (i) the violation of these Terms or other related Policies; (ii) improper use of the Algarve Golden Properties Platform or any services provided through The Algarve Golden Properties Platform, (iii) interaction with any Partner or Guest or the stay or Accommodation Reservation, including, but not limited to, injury, loss or damage (whether compensatory, direct, incidental or otherwise) of any kind arising out of or relating to such interaction, participation or use, or (iv) violation of any laws, regulations or rights of third parties.

This indemnity obligation only applies if and in the event that claims, liabilities, damages, losses, and expenses have been caused by partner(s) and/or guests in culpable breach of their obligations as provided in these Terms and Conditions.

13. Legal Notice

13.1) The Algarve Golden Properties Platform, as well as the integral content of the Algarve Golden Properties Platform, may be fully or partially protected by copyright, industrial property rights, or other rights or laws of the Portuguese Republic or other countries.

13.2) The Parties declare that they will not use, copy, adapt, modify, prepare derivative work of, distribute, license, sell, transfer, publicly disclose, act publicly, transmit, broadcast or otherwise exploit the Algarve Golden Properties Platform or its content, except to the extent that such content belongs to the Parties or thereof, as well as if this may be expressly permitted by these Terms.

13.3) The Parties shall not be granted any licenses or rights, inference, or otherwise, under any intellectual property rights that are owned or controlled by Algarve Golden Properties, except with respect to the licenses and rights expressly granted in these Terms.

13.4) Access to and use of the Algarve Golden Properties Platform and its content should not have a commercial purpose.

13.5) By creating, uploading, publishing, sending, receiving, archiving or otherwise making available any content of the Party on or through the Algarve Golden Properties Platform, it grants Algarve Golden Properties a non-exclusive, global, free of charge, irrevocable, lifetime (or for as long as necessary for its protection), sublicensable and transferable to such party content to access, use, archive, copy, modify, prepare derivative work to distribute, publish, transmit, reproduce, broadcast or otherwise exploit in any way such content to provide and/or promote the Algarve Golden Properties Platform, on any media or platform. To the extent that the party’s content (which may include images) includes personal information, it will only be used for these purposes if such use complies with applicable data protection laws and in accordance with the privacy policy provided for. Unless you provide your specific consent, Algarve Golden Properties does not claim any proprietary rights in any content of the Parties and nothing in these Terms shall be construed to restrict any rights you may be entitled to use or exploit the content of the Parties.

13.6) The Parties are solely responsible for all content they make available through the Algarve Golden Properties Platform. Subsequently, each declares and warrants that: (i) you are the sole and exclusive owner of all content that you make available on or through the Algarve Golden Properties Platform and/or that you hold all the licenses, consents, and permissions that are necessary to allow Algarve Golden Properties the rights to use such content, as determined in these Terms; and (ii) neither the content nor its publications, uploads, disclosures, submissions or transmissions of this content or the use of the content by Algarve Golden Properties (or part thereof) as determined by these Terms will infringe, misuse or violate a third party patent, copyright, trademark, business secrets, moral rights or other intellectual property rights or rights, publicity or privacy rights, or result in a violation of any applicable law or regulation.

13.7) The Parties shall not publish, upload, disclose, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update the information) or illusory; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, intolerance, racism, hatred, harassment or harm against any individual or group; (iv) is violent, threatening or promotes violence or actions that are threatening to another person or animals; (v) promote illegal or dangerous activities or substances; or (vi) violate any Algarve Golden Properties terms or Policies.

13.8) Algarve Golden Properties may, without any prior notice, remove or suspend access to any content of the Parties that Algarve Golden Properties considers being in breach of applicable law, these Terms or that may be harmful or that may be of questionable use to Algarve Golden Properties, its Partners, Guests, third parties or its assets.

13.9) Algarve Golden Properties complies with copyright law and expects the Parties to do the same. If the Parties believe that any content of the Algarve Golden Properties Platform infringes a copyright that it owns, the Parties shall notify Algarve Golden Properties.

14. Applicable Law and Jurisdiction

These Terms are governed by and drafted in accordance with Portuguese law, to whose jurisdiction they are subject and under which they shall be discussed (where applicable).

15. Amendment to the Terms

Algarve Golden Properties reserves the right to amend these Terms at any time in accordance with this provision. If changes are made to these Terms, they will be updated on the Algarve Golden Properties Platform on the “Last Updated” date that is scheduled at the top.

16. Contact and Support

If either Party has questions relating to these Terms, or the rights of Partners or Guests arising therefrom, they should contact Algarve Golden Properties via email: info@algarvegoldenproperties.com

Last updated: April 5, 2020