(Updated on July 25, 2023)
Scope of application
The terms and conditions contained in this document will apply to the relationship between the visitor (hereinafter referred to as the “Customer”) and Horta Bay tourist apartments from the moment the reservation is requested until the moment the period ends. accommodation at the hotel.
Where the Terms and Conditions are silent, the Portuguese legislation in force will apply.
II. Execution of the Contract
1. When requesting the reservation of a room, the Client makes an accommodation offer to Horta Bay. If rooms are available, Horta Bay will provide the Customer with a reservation code and access codes, both to the Horta Bay establishment and to their room.
2. The Client is informed that reservations for rooms in Horta Bay made through third parties (tour operators or room reservation portals on the Internet) determine the issuance of a reservation code different from the one issued directly by Horta Bay, in which case however equally valid.
3. Requests for room reservations made directly to Horta Bay or through third parties are not binding and do not oblige Horta Bay to enter into a contract with the Customer. Horta Bay will always have the right to refuse to enter into a contract and make rooms available at its sole and discretionary discretion.
4. Horta Bay only guarantees the Client the availability of a room of the reserved category and not the availability of a specific hotel room.
III. Types of Reservations and respective cancellation:
1. At Horta Bay, the Customer can make two types of reservations, pre-reservations and confirmed reservations.
2. Pre-booking consists of reserving a room at Horta Bay without any payment being made in advance by the Customer or a means of payment being provided, with pre-bookings on desired dates dependent on other bookings that may be made within the same period, with Horta Bay being responsible for contacting the customer. If there is no response within 24 hours, the pre-booking will be canceled and the customer will be contacted accordingly.
3. Confirmed reservation consists of the reservation of a room at Horta Bay accompanied by the provision, by the Customer, or the reservation accompanied by the sending of proof of bank transfer of the entire price of the reserved accommodation or 30% of the total value of the reservation or of any amount greater than 30%.
4. Horta Bay reserves the right to withhold the amount involved in the amount of 30% in case of cancellation of the reservation from the moment the reservation is confirmed to the customer.
5. Reservations will automatically expire if the Customer does not arrive at the hotel by 7 pm on the day of booking, in which case Horta Bay may immediately make the reserved room available to any other Customer without the Customer who made the reservation being able to complain any compensation from Horta Bay in any capacity whatsoever.
IV. Arrival and Departure
1. Horta Bay will provide the Customer with a room of the reserved category from the date of arrival or, if the Customer has not made a reservation and hires the accommodation at the hotel reception, depending on the desired category and according to the hotel’s availability , in principle from 3 pm and, at the latest, from 6 pm on the day of check-in at the hotel.
2. Upon arrival at the hotel, the Customer must immediately pay the price due for the room, number of nights’ stay and additional services.
3. Upon full payment of the price, Horta Bay will provide the Customer with a room access code that will remain valid during the contracted period of stay.
4. On the date of departure, the Customer must leave the room free of people and goods and without any damage by 11 am.
5. If the room is not left by 11:30 am on the day of departure, compensation corresponding to the price of a one-night stay at the hotel will be immediately charged, a price equivalent to the room type and season in which it is located. , only having the right to use the room during this period if the hotel has room availability, otherwise you will have to pay the compensation and leave the room as soon as possible.
V. Animals
1. It is expressly prohibited to accommodate animals in Horta Bay tourist apartments.
2. The introduction by the Customer of animals into the hotel will allow Horta Bay to immediately terminate the contract with the Customer and force them to leave the hotel without refunding the amounts already paid for making the room available during the period of stay hired.
VI. Terms of Use
1. Only the people indicated in the accommodation reservation will be entitled to use the hotel room.
2. Customers must treat the hotel room with care and consideration.
3. The Customer must treat other hotel customers with consideration and respect the hotel’s rules posted therein, if applicable, which are also part of the accommodation contract.
4. Children under 14 years of age must be supervised by an adult Client at all times during their stay at the hotel.
5. The Customer is strongly advised not to keep or leave without any money, jewelry, valuables or other valuable items left in the Horta Bay hotel room.
6. Horta Bay provides Customers with a safe in the room where valuables can be kept.
7. Horta Bay assumes no responsibility in the event of theft, loss or deterioration of valuables such as money, jewelry or other objects of considerable value if such events take place in the hotel room or inside vehicles parked in the vicinity of the Horta Bay.
VII. Access to the hotel room through Horta Bay
Horta Bay and its staff will have the right to enter the hotel room, during the Customer’s stay, in order to carry out cleaning, repairs and similar work as requested on the signage.
VIII. Price of stay and other prices
1. The price of the stay to be paid by the Customer constitutes the consideration for providing the use of the hotel room, in the period between arrival and departure.
2. The total price of the stay will be charged per night, regardless of whether the Customer actually used the room or spent the night there.
3. The applicable rates are the agreed prices or the price indicated in the Horta Bay price table in force on the date of conclusion of the contract. Horta Bay will not have the right to increase or reduce prices if the reservation is confirmed by Horta Bay, but it will have the right to increase or decrease prices in the period between the reservation request and its confirmation, if within a period longer than 24 hours.
4. The rates and amounts indicated in the terms and in the accommodation contract include VAT, unless expressly provided otherwise.
IX. Payment terms
1. The amount of the stay and prices for additional services must be paid in advance, when the Client arrives at the hotel, regardless of the billing date.
2. If the duration of the Customer’s stay is not specified, the price of the stay and prices for additional services for each night must be paid in advance by 11 am.
3. In the case of stays without a specified departure date, non-payment of the price of the stay and additional services under the terms of the previous number determines the immediate termination of the contract and immediately obliges the Customer to vacate the room and hand it over. to Horta Bay free of people and goods and in good condition.
4. Fees for additional services, within the meaning of paragraph 1, will be, for example, charges relating to the transfer service, breakfast prices, and other charges that are not expressly mentioned in the accommodation contract, which are part of the value of the stay.
5. Horta Bay accepts payment in euros, transfers, CE Maestro, Visa Electron and credit cards: Visa and MasterCard. Other payment methods will only be permitted in exceptional cases, with the specific consent provided by Horta Bay.
X. Complaints regarding material defects
1. The Customer must inspect the hotel room upon arrival and immediately report any defects found to the hotel reception.
2. Any defects that may arise during the stay must be reported to the hotel reception as soon as the Customer becomes aware of them.
3. If it is verified that there is indeed a defect in the Customer’s room, Horta Bay has the right to choose between repairing it and relocating the Customer to a room that has at least the same category contracted with the Customer.
4. For the purposes mentioned above, only serious defects that may jeopardize the level of service and quality of Horta Bay will be considered, and Horta Bay will not be obliged to take any action in the case of complaints that are irrelevant, unreasonable or related to details that do not conflict with the minimum level of contracted service.
5. If Horta Bay does not have the means to repair the relevant defect or replace the Customer’s room with another of an equivalent or higher category, it may also seek other accommodation for the Customer. If it is impossible to repair the relevant defect, replace the room or provide alternative accommodation, the latter may only terminate the contract and receive the price paid for the room, and may demand nothing more from Horta Bay for any reason.
XI. Responsibility on the part of Horta Bay
1. Horta Bay will only be liable for damages or losses to the Customer when such facts result from Horta Bay’s fault.
2. Horta Bay assumes no responsibility for loss of data provided by the Customer in the event of electronic transmission of payment data, being only responsible for this in the event of culpable action.
3. Horta Bay does not assume any responsibility for damages or accidents occurring inside the room or any part of the hotel unless such accidents are caused by Horta Bay’s culpable actions.
4. Horta Bay will not be considered responsible to the Customer in case of delay in making the room available, even if there is a valid reason for not making the room available in time.
5. For the purposes of the previous paragraph, valid reasons that make the provision of the room impossible or more difficult will be considered, such as, in particular, strikes, blockades, natural disasters, accidents in the room itself or in the hotel.
6. In case of delay in making the room available beyond 9 pm on the day of booking, the Customer may freely terminate the contract without being entitled to demand any compensation from Horta Bay other than the refund of the reservation amount.
7. Horta Bay does not assume any responsibility for acts carried out by any hotel worker, unless they are during their normal working period, duly identified and in uniform as a company worker.
8. Horta Bay does not assume any responsibility nor can it in any case be held responsible for non-compliance with additional obligations.
9. Horta Bay cannot in any case be held responsible for the act or omission of any other Customer, even if this is likely to cause damage or loss to another Customer of the hotel. Any and all damage caused to third parties by Hotel Customers will be the sole responsibility of these and completely outside Horta Bay.
10. Horta Bay assumes no responsibility towards the Client for any lost profits or indirect damages even if resulting from failure to comply with a principal obligation.
XII. Notification duty
In the event of theft or damage to property or, in the event of fire, water damage or other damage to the hotel room, the Customer must immediately inform hotel staff and do everything possible to assist in resolving the theft or repair the damage.
XIV. End of the accommodation contract
1. Horta Bay has the right to terminate the accommodation contract if the Customer does not pay the price in full and on time when it is due or does not provide the required guarantee.
2. The Customer may notify the termination of the accommodation contract during their stay at any time up to 9 pm, to take effect from 11 am the following day.
3. Any contracting party may summarily terminate the accommodation contract for just cause.
4. Horta Bay will have the right to immediately terminate the accommodation contract for just cause if the Customer engages in any behavior that affects the good coexistence, peace or hygiene of the hotel, particularly if during their stay at the hotel, the Customer is under influence of drugs or alcohol, using the hotel room for prostitution, acting offensively towards hotel staff or other hotel customers, disturbing the peace of other hotel customers, or, in the past, having made false reservations with malicious intent and/or damaged or destroyed the hotel or its facilities.
XV. Data protection
1. The Customer is informed that their personal data will be stored and processed by Horta Bay and made available to Horta Bay’s associated companies and selected service providers, in accordance with the Law, for the purposes of executing the contract, for services to with the Customer and for its own advertising campaigns.
2. The Customer grants Horta Bay the right to use associated companies and selected service providers to carry out data processing and the right to transmit such personal data under this section to companies that allow them to store and process it.
3. The Customer has the right to object at any time to the use of personal data for advertising purposes, and must inform Horta Bay of this intention in writing.
4. Unless otherwise legislated, the Customer’s personal data must be deleted when the hosting contract ends and the legal retention periods have expired.
XVI. General provisions
1. The Terms and Conditions fully regulate the Customer’s stay at the hotel and the use of the room by the Customer.
2. No verbal agreement was reached throughout the accommodation contract, any and all changes to the contract between the parties must necessarily be contained in a written document signed by both, unless it is a unilateral declaration, in which case it must be contained in a written document signed by the issuer.
3. Horta Bay will have the right to have third parties perform its obligations under and within the scope of the accommodation contract.
4. The nullity of one or more of the previous provisions does not affect the validity of the remaining provisions. The invalid provision will be replaced by the valid provision, as close as possible to the commercial and legal intentions of the parties or if this is not possible under current Portuguese legislation.
XVII. Special conditions applicable to group bookings
1. The term “group” means the booking of at least 10 rooms by a group of people traveling or staying together. The “group” is bound, in addition to the general obligations, to the specific fulfillment of the obligations contained in this clause.
2. The group must appoint a spokesperson to Horta Bay (hereinafter referred to as “leader”).
3. The “Leader” must deliver to Horta Bay, before arriving at the hotel, a complete list containing the detailed identification, address and mobile phone number of each member of the group.
4. When making a reservation, the leader will receive a reservation confirmation from Horta Bay, containing details of the reservation made together with check-in details and details to secure the reservation and any other payment conditions.
5. Group bookings are always automatically guaranteed bookings as defined in clause III (3).
6. The group must pay the total amount of the stay charges by bank transfer to the Horta Bay bank account indicated in the booking confirmation or notified by Horta Bay to the leader on completion of the booking. The group will reimburse Horta Bay for any charges incurred due to external transfers in full no later than arrival at the hotel.
7. The group’s stay, including fees for complementary services, must be paid in advance, with 50% of the payment due upon confirmation of the reservation and the remaining 50% 15 days before the group’s arrival date at the hotel, in both cases, regardless of the billing date.
8. The group can cancel the Reservation without any charges 15 days before the date of entry into the hotel, in which case Horta Bay must refund to the group all amounts paid in the meantime, except 30% that Horta Bay will retain as a cancellation fee.
9. If cancellation is made at least 7 days in advance, the price of one night’s stay in each of the reserved rooms will be charged and if cancellation is made less than 7 days in advance, Horta Bay will charge the group the amount total of the booked stay.
10. Horta Bay will reserve hotel rooms of the agreed category or with the agreed facilities for the group on the arrival date according to availability, generally from 3pm, but in any case, no later than 6pm .
12. O grupo deverá receber fatura relativa à estadia, que será entregue ao líder.
XVIII. Opening hours
1. Horta Bay informs that the reception has opening hours from 7 am to 11 pm.
2. The Reception has a mobile phone available 24 hours a day in Portuguese and English.
3. Outside opening hours, the reception is available to be at the disposal of its guests if requested.
4. Breakfast is served from 8 am to 10 am and 30 minutes, for breakfast service before the proposed time, you must inform Reception by 5 pm on the day before the desired early breakfast.