Terms & Conditions

House Rules & Policy

Terms & Conditions

To ensure that this Hotel (Alojamento Local VilaFoia) has publicness (is accepted by public) and provides a safe and comfortable stay to guests, the following rules need to be followed: Not abiding by these rules may lead to cancellation of stay and/or refusal to use the hotel facilities.
Further, if you happen to damage any equipment or fixtures inside the hotel premises, the Hotel reserves a right to charge you the full cost of the same. 
 
Rules

1. Do not use the guest rooms for purposes other than intended without authorization.

2. Do not light fire in the passage or guest rooms for heating unless for cooking if you are in the rooms with kitchen.

3. To prevent fire, we are a non-smoking property; You may smoke outside but use the ashtray in any other places to prevent catching a fire. This is a rural zone with high level of fire alert.

4. The equipment and articles in guest rooms are strictly meant for the guests staying in the Hotel. Hence, inside the guest rooms, use of such equipment and articles by outsiders is prohibited.

5. Be careful not to move the articles in the Hotel or guest rooms from their fixed places without permission.

6. Do not change the position of the gadgets and fixtures in the Hotel or guest rooms without permission.

7. Do not bring the following inside the hotel premises:
a Animals, birds, etc.
b Things giving off foul smell
c Articles exceeding the normal amount that can be carried into a hotel
d Guns, swords, etc.
e Explosives, or articles containing volatile oils that may ignite or catch fire
f Any other articles that may pose a threat to the safety of other guests staying in the Hotel

8. Do not scream, sing loudly, or create loud noises by any other actions inside the Hotel or guest rooms, as it may disturb or annoy other guests staying in the Hotel.

9. Refrain from engaging into gambling or acts that violate public order and morals inside the Hotel or guest rooms.

10. Do not distribute advertisement goods or sell articles to the other guests or collect donation or signatures from them inside the Hotel premises, without proper permission.

11. Note that we may refuse stay to patients suffering from an illness that may cause discomfort of any kind to the other guests inside the Hotel.

12. Do not leave your personal belongings in the passages or the lobby.

13. Any acts of photography that may bother the other guests in the Hotel are strictly prohibited inside the Hotel or guest rooms.

14. Any personal meetings should be held at the lobby only.

15. In principle, the guest rooms accommodating same guests are cleaned every day except on Sundays. Further, if cleaning of one or more of the guest rooms is deemed necessary by the hotel authorities, the guests occupying the room(s) shall not have a right to deny such room cleaning.

Article 1 (Scope of Application)

·    Contracts for accommodation and related agreements to be entered into between this Hotel and the Guest to be accommodated shall be subject to these Terms and Conditions. Any particulars not provided herein shall be governed by laws and regulations and/or generally accepted practices.

·    If the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulations and generally accepted practices the special contract shall take precedence over the provisions of these Terms and Conditions, notwithstanding the preceding Paragraph.

Article 2 (Application for Accommodation Contract)

·    A Guest who intends to enter into an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:

1.     Name, copy of the identification or passport details, gender, nationality, date of birthday and occupation of the Guest

2.     Date of accommodation and estimated time of arrival

3.     Accommodation charges (according to set in the system at the time of booking); and

4.     Other particulars deemed necessary by the Hotel.

·    If Guests request to extend their stay, during their stay at the Hotel, beyond the date in subparagraph (2) of the preceding Paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.

Article 3 (Conclusion of Accommodation Contracts, etc.)

·    An Accommodation Contract shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding Article. However, the same shall not apply where it has been proved that the Hotel has not accepted the application.

·    The deposit shall be first used according to Hotel deposit and cancelation policy to be paid by the Guest, secondly for cancellation charges under Article 6 and thirdly for reparations under Article 17 as applicable. The remainder, if any, shall be refunded at the time of payment for accommodation as stated in Article 11.

·    If the Guest fails to pay the deposit by the date as stipulated in Paragraph 2, the Accommodation Contract shall be treated as invalid. However, the same shall apply only in the case where the Guest is thus informed by the Hotel when specifying the period of Payment of the deposit.

Article 4 (Special Contracts Requiring No Accommodation Deposit)

·    Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Hotel may enter into a special contract requiring no accommodation deposit after the Contract has been concluded as stipulated in the same Paragraph.

·    If the Hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or has not specified the date of payment of the deposit at the time the application for an Accommodation Contract has been accepted, it shall be treated as though the Hotel has accepted a special contract prescribed in the preceding Paragraph.

Article 5 (Refusal of Accommodation Contracts)

The Hotel may refuse to conclude an Accommodation Contract under any of the following circumstances if:

·    The application for accommodation does not conform with the provisions of these Terms and Conditions;

·    All the guest rooms in the Hotel are booked;

·    The person seeking Hotel accommodation is likely to violate laws and ordinances or act against the public order or good morals regarding his/her accommodation;

·    The person seeking Hotel accommodation belongs to or is related to an organized crime group or is a recognized criminal or related party of an organized crime group (hereinafter 'crime groups' and 'gangster'), according to local authorities.

·    The person seeking Hotel accommodation is a member of a corporation or other group managed or administered by a gang or gang members;

·    The person seeking Hotel accommodation is a member of a corporation, whose employees include one or more gang members

·    The person seeking Hotel accommodation performs any act that causes significant disturbance to other guests

·    The person seeking Hotel accommodation engages into coercive acts such as violence with the Hotel staff, threatening or blackmailing the Hotel staff, or makes an unreasonable demand, or is known to have a past record of similar act(s);

·    The person seeking Hotel accommodation can be clearly identified as carrying an infectious disease;

·    The Hotel is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes;

·    The person seeking Hotel accommodation is intoxicated and is likely to cause annoyance to other guests

·    The person seeking Hotel accommodation applies for a room with a hidden intent of raising profit for himself or a third party by engaging into acts such as selling articles anywhere inside the hotel premises or in the Hotel guest room booked by him

·    The person seeking Hotel accommodation fails to abide by the provisions made under these Terms & Conditions or the provisions regarding payment and/or room cancellation clarified at the time of booking

Article 6 (Right to Cancel Accommodation Contract by the Guest)

·    The Guests are entitled to cancel the accommodation contract by notifying the Hotel of the same.

·    If the Guest has canceled the Accommodation Contract in whole or in part due to causes for which the Guest is liable (except when the Hotel has requested the payment of the Accommodation Deposit in a specified period as prescribed in Paragraph 2 of Article 3 and the Guest has canceled the contract before the payment). The Guest shall pay cancellation charges according to cancelation policy set at Hotel booking engine and or website. However, if a special contract as prescribed in Paragraph 1 of Article 4 has been concluded, the same shall apply only when the Hotel has notified the Guest of his cancellation charge payment obligation in case of cancellation by the Guest.

·    If the Guest does not appear by 10:00 p.m. without prior notice (or 2 hours after the estimated time of arrival if specified in advance by the Guest) of the accommodation date, it shall be regarded as cancellation of the Accommodation Contract by the Guest.

Article 7 (Right to Cancel Accommodation Contract by the Hotel)

·    The Hotel may cancel the Accommodation Contract if:

1.     The Guest has not shared the particulars requested by the Hotel before the specified date, as provided in Paragraph 1 of Article 2.

2.     The Hotel has requested the payment of the Accommodation Deposit as provided in Paragraph 2 of Article 3, but has not received it by the specified date.

3.     Any of the Paragraphs (3) to (13) of Article 5 are applicable.

4.     The Guest does not observe prohibited actions such as smoking in the property, tampers with fire-fighting facilities and otherwise breaches Hotel Regulations.

·    If the Hotel has canceled the Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not charge the Guest for any of the services during the contractual period he/she has not received.

Article 8 (Registration)

The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation

·    Name, age, gender, nationality, copy of identification or passport, and occupation of the Guest

·    Passport No., port and date of entry in Portugal (if the Guest is a foreigner)

·    Date and estimated time of departure

·    Other particulars deemed necessary by the Hotel.

Article 9 (Occupancy Hours of Guest Rooms)

·    The Guests staying at the Hotel shall be entitled to use the guest rooms from 2:00 p.m. on the day of arrival to 11:59 a.m. on the next morning. However, if the Guest is accommodated continuously for some period, the Guest may occupy the guest room all day, except for the days of arrival and departure.

·    Notwithstanding the provisions prescribed in the preceding Paragraph, the Hotel may permit the Guest to occupy the guest room beyond the time prescribed in the same Paragraph. However, in this case, extra charges shall be applicable. Please see late check-out charges for more information.

Article 10 (Observance of Hotel Regulations)

The Guest shall observe the Hotel regulations established by the Hotel and posted within the premises of the Hotel. 
 

Article 11 (Payment of Accommodation Fees)

·    Accommodation charges, etc. as stated in the preceding Paragraph shall be paid in Euroscurrency at the front desk at the time of the Guest's arrival or when requested by the Hotel. Other means of payment acceptable to the Hotel are Hotel vouchers and credit cards.

·    Accommodation charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided to him/her by the Hotel.

Article 12 (Liabilities of the Hotel)

·    The Hotel shall pay a compensation amount to the Guest for any damage caused to the Guest by the Hotel, in the fulfillment or nonfulfillment of the Accommodation Contract and/or related agreements. However, the same shall not apply in cases where such damage has been caused due to reasons for which the Hotel is not liable.

·    The liability of the Hotel regarding accommodation shall start as soon as the Guest registers for accommodation at the front desk and end as soon as the Guest checks out of the room.

·    The Hotel is covered by Hotel Liability Insurance to deal with unexpected fire and/or other disasters.

Article 13 (When Unable to Provide Contracted Rooms)

·    When Unable to Provide Contracted Rooms to the Guest, the Hotel shall arrange accommodation of the same standard, with the consent of the Guest.

·    If an alternative arrangement cannot be done despite the provisions of preceding Paragraph, the Hotel shall pay a compensation fee equivalent to the cancellation charges, and the compensation fee shall be applied to reparations. However, if the Hotel is not able to provide alternative accommodation due to causes for which the Hotel is not liable, the compensation fee shall not be paid to the Guest.

Article 14 (Handling of Deposited Articles)

·    The Hotel is not liable, if an article or valuable deposited in their room is broken or damaged or stolen. The hotel provides a safe deposit in each room for guest convenience, with a personal code set by each guest. 

·    The Hotel shall compensate the Guest for damages when loss, breakage or other damage is caused, through intent or negligence on the part of the Hotel, to the goods, cash or valuables brought onto the premises of the Hotel.

·    The Hotel shall not be liable for artwork and/or antiques kept at the Hotel.

Article 15 (Custody of Baggage and/or Belongings of Guest)

·    When the baggage of the Guest is brought into the Hotel before his/her arrival, the Hotel shall be liable to store it only in the case when the Guest's request to keep his baggage has been accepted from the Hotel in advance. The baggage shall be handed over to the Guest at the front desk at the time of check-in.

·    When the baggage or belongings of the Guest are found after check-out and ownership of the article is confirmed, the Hotel shall inform the owner of the article left and ask for further instructions. When no such instructions are given to the Hotel by the owner or when ownership is not confirmed, the valuables or articles containing personal information shall be handed over to the nearest police station within 7 days of finding them. Any other articles, if not claimed within 3 months after they are found, shall be disposed of appropriately. However, any food or beverages that may affect the cleanliness of the Hotel, and other things such as cigarettes and magazines shall be disposed of on the same day on which they are found.

·    The liability of the Hotel to keep the hand baggage and/or belongings of the Guest in the cases described in Paragraph 1 and 2 above shall be as per the provisions of Paragraph 1 and 2 respectively of the preceding Article.

Article 16 (Liability regarding Parking)

The Hotel shall not be liable for the custody of the vehicle of the Guest when the Guest utilizes the parking lot of the Hotel, as the Hotel only provides the space for parking and cannot be held responsible for management of the vehicle, whether the key of the vehicle has been deposited to the Hotel or not. 
 

Article 17 (Liability of the Guest)

The Guest shall compensate the Hotel for any damage caused due to intent or negligence on part of the Guest 
 

Article 18 (Jurisdiction and Applicable Laws)

Any disputes regarding the Accommodation Contract between the Hotel and the Guest shall be resolved in the summary or district court having jurisdiction over the Hotel location and in accordance with the Portuguese law.
 

Article 19 (Accessibility or Special Needs)

The hotel has one room that can accommodate people with limited accessibility or special needs. Since the hotel is based on a mountain region, it does not offer social areas with full accessibility. Please contact the Hotel staff for detailed information.
 

Article 20 (Dispute resolution)

If a dispute arises out of or relates to this contract, or the breach thereof, and if such dispute cannot be settled through negotiation, the parties agree: 
 
to try in good faith to settle the dispute by mediation under the Mediation Rules of the Portuguese Arbitration Association before resorting to arbitration in connection with this Agreement; · 
 
if the mediation called for in clause above is unsuccessful in resolving the dispute, such dispute arising out of or connected with this contract, including a dispute as to the validity or existence of the contract, shall be resolved by the court of Faro, Portugal. 
 

Article 21 (Use of personal information)

The Hotel respect the privacy of users and are committed to protecting the confidentiality of personal information provided to us in accordance with applicable law, in particular the General Regulation on Data Protection. 

Privacy and Personal Information The Privacy Policy of the Hotel, hereinafter referred to as the Policy, applies to all data collected, arising from the use of the hotel or hotel website, that can identify the user as a natural person, and in doing so is expressing his / her authorization regarding the processing of your personal data under the terms provided in this Policy. We hope that this Policy will help you understand what kind of information we collect, the reason for such collection, and the way we process it. Personal information means any information that may be used to identify a person, such as the name, email address, postal address, telephone / mobile phone number, or other information necessary for Hotel to provide the information or service requested from the end user. The Hotel, in conjunction with its technological partners that provide features for the booking engine and the subscription of newsletters, does not automatically collect any personal information. All personal information is provided, with the consent of the user, through forms that serve the following purposes: ·   

Provision of services for bookings and reservations – so that we can provide our services, we will treat the personal data strictly necessary for this purpose. In addition, your data will still be processed for all prior and post-service communication until the entire process is completed; ·   

Provision of communication services, clarification of doubts, suggestions and / or complaints; ·   

Marketing effects – where we will let you know about our news, promotions etc. 

All end-users will be collecting non-personal data for statistical purposes, from the IP Address (address that indicates the location of a particular computer), the Browser that it uses, the Operating System (OS) it uses, the number of interactions and the time that was on the site, not being made any type of connection between IP address, or other data not personal, and any user registered in our database. The Hotel will keep the personal data provided for the period necessary for the provision of services, respective billing, and compliance with legal obligations.
 
Information Sharing and Data Security Hotel does not sell its users’ personal data to third parties. The Hotel may transfer personal information registered to other companies or persons in the following circumstances: when the user’s consent is given or when it is necessary to provide a product or service (in these cases only the minimum information necessary for the satisfaction of the request). Despite all efforts, it is not possible for the Hotel to guarantee the full and absolute inviolability of the security of the information in its possession and therefore calls for all precautions to be taken with regard to the protection of personal data in the use of the Internet. Right of alteration, rectification and deletion of data We may process your personal data because you have given us consent or to fulfill a contract, and you may request a copy of the information in digital form so that you can transfer it to another provider. We may process your personal data because you have given us the consent or legitimate interest, you may request that your data be deleted. You have the right to request that we suspend the processing of your personal data for a period of time if you believe that we are not doing so on a biddable basis. Finally, in some circumstances, you may require us not to do automated processing or profiling.
 
If you wish to have your personal information cease to be part of the Hotel’s computer records, you may at any time exercise the right to cancel and delete data. We are not required to have Data Protection Officer, so any question relating to our use of your personal data should be addressed through: Contact form, available in contact section of the website;e-mail: info@vilafoia.comPhone: + 351 282 910 110
 
Right of complaint If you have a complaint about our handling of your personal information, we prefer that you contact us directly first so we can resolve your complaint. However, it is also possible to contact the National Commission for Data Protection through its website at https://www.cnpd.pt/ or to the address:National Commission for Data ProtectionRua de São Bento no 148-301200-821 Lisbon, Portugal 

Privacy Policy Update This document may be modified at any time as our personal data processing and processing services evolve. If we want to use your personal information in a way that we have not previously identified, we will contact you to provide information about that use and, if necessary, to ask for your consent. If the change is substantial and has implications for the way Hotel uses the personal data of its users, they will be informed through a notice. 

Article 22 (Force Majeure)

Neither Party will be liable for any failure or delay in performing an obligation under this Contract that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic and or similar pandemics), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. 

Article 23 (Hotel events)

These Terms & Conditions apply to agreements concerning the renting of conference, banqueting, weddings, and event rooms of the Hotel for conducting events such as banquets, seminars, conferences etc. as well as all products and services of the (hereinafter to be referred to as the “Hotel”) that are associated with such events. ·   

Any subletting or further letting of rented rooms, space or showcases and invitations for interviews, sales events and similar events require the prior written approval of the Hotel.   

Customer’s terms and conditions shall only be applicable if they have been the subject of an express prior written agreement.·   

An agreement comes about through the acceptance of the Customer’s booking request by the Hotel; the Customer and the Hotel are the parties to the agreement. 

If the Customer / ordering party is not the actual organiser or if the organiser uses the services of a commercial agent or organiser acting in the capacity of the Customer / ordering party, then the Customer / ordering party and the organiser shall be jointly and severally liable towards the Hotel for all obligations arising from the agreement. 

The Hotel shall be liable under its obligations arising from the contract. Provided that such an exclusion is legally permissible, the Customer shall not be entitled to receive damage compensation. This provision has its exception in damage arising from injuries to life, limb or health in cases where the Hotel is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligible violation of duty committed by the Hotel. In the event of disruptions to or defects in the Hotel’s services, the Hotel shall endeavour to remedy the situation upon gaining knowledge of the same or upon receiving a complaint from the Customer. The Customer shall do whatever can be reasonably expected in order to help remove the disruption and to keep the damage to a minimum. Moreover, the Customer undertakes to draw the attention of the Hotel in good time to any possibility of uncommonly high damage. 
 
All claims towards the Hotel are subject to a 6-month period of limitation after departure, unless longer periods are specified under mandatory legal provisions.   

If the number of delegates changes by more than 5%, the Customer shall notify the Hotel no later than 5 working days before the start of the event; the change requires written approval from the Hotel. 
 
If the Customer reduces the number of delegates by no more than 5%, the Hotel shall take account of the change in its billing. In the event of greater deviations, billing shall be based on the originally agreed number of delegates, less 5%.   

In the event of an increase in the number of delegates billing shall be based on the actual number of delegates. 
 
If the number of delegates differs by more than 10%, the Hotel is entitled to re-specify the agreed prices and to change the confirmed rooms, unless this is unreasonable for the Customer.   

If the agreed start and end times of the event are changed and if the Hotel agrees to these changes, then the Hotel may charge adequate fees for any additional availability of services, unless the changes are the responsibility of the Hotel. 

 The Customer is not permitted to bring along food or beverages to events. Any exceptions to this provision are subject to a written agreement with the Hotel. In such cases a contribution for the coverage of overheads will be charged. 

· If, at the Customer’s request, the Hotel provides technical and other equipment from third parties, it shall act on behalf, on the authority and on account of the Customer.
 
The Customer shall be liable for taking proper care with such equipment and for returning it in a proper state. He or she shall indemnify the Hotel against any third-party claims arising from the provision of such equipment. 
iIf the Customer wishes to use his or her own electrical equipment and connect it to the Hotel’s electric power system, it requires the Hotel written approval. Any disruption or damage to the Hotel’s technical equipment caused by the use of the Customer’s equipment shall be the Customer’s liability, unless the damage is within the Hotel’s responsibility. The cost of electric power caused by the use of the Customer’s equipment may be calculated and charged by the Hotel in the form of a flat fee.
 
Provided that the Hotel gives its approval, the Customer is entitled to use his or her own telephone, fax and data transmission equipment. The Hotel may charge a connection fee. 

IIf the Hotel’s equipment remains unused on account of the Customer’s use of his or her own equipment, the Hotel may charge a deficiency compensation fee.   

Any malfunctions in equipment provided by the Hotel, whether technical or other equipment, shall be remedied immediately where possible. Unless the Hotel is responsible for such malfunctions, the Customer shall not be entitled to retain or reduce payments. 

Any of the Customer’s exhibits and other items, including personal items, shall be taken into the event rooms and onto Hotel premises at the Customer’s risk. The Hotel accepts no liability for loss, destruction or damage or indeed for financial loss, except in cases of gross negligence or intent on the part of the Hotel. This provision does not cover damage arising from injuries to life, limb or health. 

Any decorations brought along by the Customer shall meet fire regulations. The Hotel is entitled to request official documentation for this purpose. If no such documentation is provided, the Hotel is entitled to remove from its premises any items that have already been brought along by the Customer and to do so at the Customer’s expense. To avoid the possibility of damage, the Customer shall make suitable arrangements with the Hotel before setting up or attaching his or her items. 

Exhibits and other items brought along by the Customer shall be removed immediately upon the end of the event. Should the Customer fail to do so, then the Hotel is entitled to remove and store such items at the Customer’s expense. If items remain in the event room, then the Hotel may charge an adequate usage fee for the amount of time until their removal. The Customer shall be free to provide proof that the aforementioned claim did not arise or that it did not arise to the extent claimed 
 
The Customer shall be liable for any damage to buildings, fixtures and furnishings caused by delegates or by visitors to the event, by his or her staff, by other third parties within the Customer’s sphere or by the Customer him/herself. 

The Hotel may request the Customer to provide suitable securities (e.g. insurances, deposits, guarantees).

 
Kind Regards
VilaFoia Management teamOrbit Actividade Turisticas Lda (Alojamento Local VilaFoia AL22/10)
Corte Pereiro S/ N – Apartado 241, Monchique, Portugal