TERMS AND CONDITIONS FOR HOLIDAY PURPOSES (NON PERMANENT HABITATION)
ACCORDING WITH ARTICLE 1095º, N°3, PORTUGUESE CIVIL CODE (RENTAL LAW)
For the purpose of these Terms and Conditions “O Paraiso” means O Paraiso E Agora Unipessoal LDA whose registered office is at Rua do Meio 8, Figueira, Budens, Vila do Bispo, 8650-573, Portugal and postal address is Casa Fajara, Sitio de Carrapateira, 8670-230 Bordeira, Caixa Postal 121P, Algarve, Portugal. “The Renter” means the person named in the booking form (the “Booking Form”).
1.1 The making of a booking will form an agreement on these Terms and Conditions between the Renter and O Paraiso for the holiday rental of the property which means the Property detailed on the Booking Form.
1.2 O Paraiso permits the Renter to occupy the Property for the period shown in the Booking Form together with the use of the furniture, fixtures, effects and pool where appropriate. For the avoidance of doubt the Property is rented for non permanent habitation. The Renter is only to use it for holiday use - according with article 1095, N°3, Portuguese Civil Code.
1.3 The Renter must be an adult who will be responsible for all payments and any damage caused to the Property by the Renter, anyone named in the Booking Form and any family, servants, agents or guests. The Renter agrees to make anyone named on the Booking Form aware of these terms and conditions.
2. Payments – The Renter agrees to make the following payments:
2.1 Security/damage deposit - as detailed in the Booking Form together with the completed Booking Form. Payment of such deposit (which will be banked if paid by cheque) will secure the booking but in the event the booking is cancelled by the Renter, such deposit will not be refunded. This deposit is held as security and in the event of extra cleaning being necessary and/or damage/loss being caused to the Property, a deduction will be made. The deposit will be refunded approximately 2 weeks after the keys are received at our UK Office upon satisfactory inspection of the Property.
2.2 Rental Payment - as detailed on the Booking Form by the date stated in the Booking Form. If the rental monies are not received within two weeks of the date stated in the Booking Form the Renter will forfeit their booking and O Paraiso reserves the right to re-let the Property. For the avoidance of doubt, if the booking is forfeited the security/damage deposit will be kept by O Paraiso.
2.3 Taxes - The Renter agrees to pay the taxes as detailed on the Booking Form together with the rental payment. Taxes are subject to change and this is out of control of O Paraiso. The Renter further agrees to pay any increase as notified in writing by O Paraiso.
3.1. Cancellation/Alteration by the Renter
3.1.1 In the event that the Renter has to cancel and/or is unable to occupy or use the Property no refund will be made for any monies paid in accordance with paragraph 2 above.
3.1.2 If the Renter wishes to make any changes to the Booking Form, O Paraiso will use its best endeavours to arrange this. For any such alteration to the booking, there will be an administrative fee payable by the Renter of £45 per alteration.
We recommend Renters take out adequate insurance to cover such circumstances.
3.2. Cancellation/Alter by O Paraiso
3.2.1 If for any reason O Paraiso has to cancel your booking in advance due to circumstances beyond its control and no alternative accommodation can be offered, you will be notified as soon as possible and any monies paid in accordance with paragraph 2 above will be refunded.
3.2.2 If O Paraiso has to terminate the booking within the booking period due to circumstances beyond O Paraiso’s control and no alternative accommodation can be offered, the Renter will be refunded any monies paid on a pro rata basis. No additional compensation, expenses or costs will be payable.
3.2.3 O Paraiso reserves the right to alter arrangements made for the Renter in advance or during the booking period by offering alternative, suitable accommodation, where in the reasonable opinion of O Paraiso it is necessary to carry out essential, remedial or refurbishment works.
4.1 The occupancy of the Property must not exceed the number stated on the Booking Form and will be limited to the names supplied by the renter on the Booking Form.
4.2 The Renter agrees that the Property will not be occupied by anybody under the age of 21
unless accompanied by a parent or guardian who is an adult.
4.3 The Renter can take occupation of the Property no earlier than 3pm on the day of arrival as stated on the Booking Form. Keys will be sent to the Renter’s home address as stated on the Booking Form in advance of the Booking.
4.4 The Property must be vacated by 10.30 am on the day of departure as stated on the Booking Form. The Renter further agrees that if the Property is not vacated in accordance with this clause it will be deemed to be an “Unauthorised Occupation” and the Renter will pay a penalty charge equating to 4 times the weekly rental for the property calculated when the unauthorised occupation period ends. Any damages claimed by a third party, either directly or indirectly, as a result of such “Unauthorised Occupation” will also be payable by the Renter.
4.5 The Renter agrees to return the keys of the Property in the supplied key envelope to arrive at the offices as stated on the envelope no later than 14 days after the date of departure as stated on the Booking Form. The Renter further agrees that if the keys are not returned in accordance with this clause an appropriate deduction will be made from the security/damage deposit.
5 Renter Obligations – The Renter agrees
5.1 That the Renter and anyone named on the Booking Form uses the Property entirely at their own risk and no liability can be accepted for loss or damage to users, their belongings or vehicles.
We recommend renters ensure they have adequate personal travel insurance.
5.2 On arrival or during the rental period, The Renter must notify the manager or the UK office of any defects in the Property or if any equipment is inoperable. In the case of mechanical failure to equipment O Paraiso will endeavour to rectify the situation as soon as is reasonably possible. For the avoidance of doubt, there will be no refund for any inconvenience caused by such equipment not being able to be used.
5.3 The Renter shall not sublet the property at any time.
5.4 That under no circumstances must electrical appliances or large items of furniture be moved without the prior agreement of the owner/manager.
5.5 To ensure that any barbecue, oven or grill at the Property will be used responsibly and must be left in a clean condition ready to be used by subsequent renters. A charge may be made against the deposit if extra cleaning is required.
5.6 Where applicable, the Renter will be responsible for any telephone, internet and fax charges.
5.7 Not use the Property for any dangerous, offensive, noxious, noisy or immoral activities or carry on there any act that may be a nuisance or annoyance to O Paraiso or other neighbouring properties
5.8 Not allow or permit any trucks, motorcycles, caravans, mobile homes, motor homes or recreational vehicles on the Property without special prior written approval of O Paraiso.
5.9 To keep the Property and all furniture, fixtures and effects in the same state of condition as at the commencement of the booking period (reasonable wear and tear accepted).
5.10 To ensure that there are no pets of any kind on the Property during the booking period. Guide dogs may be accepted with prior written notification.
5.11 To ensure that nobody smokes within the Property during the booking period.
5.12 That O Paraiso, it’s manager or other service personnel shall be allowed the right of entry to the Property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
5.13 The Renter and any person named on the Booking Form will comply with any regulations imposed by O Paraiso and a copy of which will be at the property.
5.14 To make sure that the Property is left in a reasonably clean and tidy condition. In the event the Renter does not comply and additional cleaning is required at the end of the booking period, the Renter will be responsible for all such additional costs incurred.
5.15 That at the end of the booking period, the Renter’s personal property must be removed from the Property. O Paraiso will not be held responsible for any personal items left behind.
6.1 Whilst O Paraiso endeavours to make the Renter aware of any safety issues with the suitability of the Property they do not accept responsibility for any and all personal injuries or any loss or damage that may occur during the Booking period.
6.2 Although we make the Property as safe as possible, certain characteristics, for example uneven floors, steps, terraces etc, become the responsibility of the Renter for the safety of themselves and the other occupants.
6.3 If the property has a pool, plunge pool or other water feature, it is the Renter’s responsibility to ensure that all appropriate steps are taken for the safety of anyone at the property.
7 Governing Law – These terms and conditions and all rights and obligations arising therefrom shall be construed under the laws of Portugal.
8 Invalidity – 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.
9 Binding Effect – The Renter agrees that they have read these terms and conditions and agree that they are legally binding.