1.1. These General Terms and Conditions (“General Conditions”) govern and are an integral part of the service agreement entered into through the website www.hoteldg.com (“Site”), between Dom Gonçalo Hoteis, Sociedade de Hotelaria e Turismo SA , public limited company with registered office at Rua Jacinta Marto nº 100, 2495-450 Fátima, registered at the Commercial Registry Office of Ourém, under the unique registration and legal person number 502737166, with a share capital of EUR 1700,000.00 (“Dom Gonçalo ”) and the client signing the contract (“ Client ”), whose object is the provision of tourist accommodation reservation services (“ Accommodation ”), the respective subsidiary services sold or proposed to the Client as meals, catering services Spa, ordering vouchers for the provision of those services or others (“Contract”).
1.2. The General Conditions apply, with the necessary adaptations, to the contract signed by the Client for the provision of accommodation reservation services and subsidiary tourist services, with Dom Gonçalo, electronically (email) or in person.
1.3. The General Conditions are a complement to any particular conditions agreed in writing between the Client and Dom Gonçalo in relation to the object of the Contract, referred to in a specific area of the Site for a specific product or service, or included in the proof of booking or order (“Particular Conditions ”), Which are also an integral part of the Agreement.
1.4. The provisions of the Particular Conditions prevail, in case of conflict, over the General Conditions, prevailing over any additional written stipulations specially agreed between the Client and Dom Gonçalo and signed by both, which are part of the Contract.
1.5. The signing of the Contract takes place with the written confirmation of the reservation or order, under the terms of these General Conditions.
1.6. It is understood that when making the reservation or order, the Client accepted these General Conditions, the conditions and characteristics of the Accommodation and services reserved or ordered, rates, and payment methods, as well as the Particular Conditions and any other additional stipulations written especially agreed between the Client and Dom Gonçalo during the processing of the reservation or order.
2. VOUCHERS RESERVATIONS AND ORDERING
2.1. When booking any reservation, the Client must correctly indicate the dates of entry and departure, date and time of use of the subsidiary service, this being the case and applicable tariff (always subject to confirmation of availability by Dom Gonçalo), as well as their personal data and payment information, being fully responsible for the choices made and for the information provided, which must be complete, true and up to date.
2.2. With the confirmation of the reservation data by the Client, and after payment or presentation of guarantees, under the terms of section 8, the Client acquires the right to the services contracted from Dom Gonçalo, under the terms and conditions described in the respective proof of reservation and in the Contract.
2.3. Exceptionally, reservations made without the provision of guarantees by the Client may be accepted by Dom Gonçalo, under the terms of section 8., without prejudice to the application of the law, these General Booking Conditions and particular Conditions applicable to the Contract.
2.4. The Client is fully responsible for obtaining and / or contracting means of transport that allow him to enjoy the contracted services.
2.5. Likewise, the Client assumes full responsibility for the possession and / or obtaining of the necessary documents (such as identification documents, authorizations and visas) for entry into the country and / or locality where Dom Gonçalo is located and must inform in due time to that respect before making the reservation. Dom Gonçalo does not assume any responsibility for the refusal to grant visas or permission to enter the Client in the country, in this case, the provisions of section 11 apply.
2.6. The customer places the order for vouchers by: a) adding the product (s) or service (s) he wants to the shopping basket on the website's voucher page. b) completing the information and choosing the options that are made available to you throughout the order completion process (delivery options, delivery address being that option chosen, billing address, payment method, TIN and the name that for tax purposes want to appear on the invoice). c) making the payment.
2.7. No refunds are due for goods and / or services that, although made available to the Client under the Contract, the Client chooses not to enjoy or use.
3. BENEFITS, PROMOTIONS AND DISCOUNTS
3.1. Due to the agreements signed by Dom Gonçalo with third parties (“Partners”) and that are in force on the date of the reservation made by the Client, the Client may have access to discounts and special rates (“Benefits”) in making a reservation, provided it is fully legitimized by the Partner to obtain the Benefits. Dom Gonçalo reserves the right to contact the Partner to obtain confirmation regarding the applicability of the Benefits to a Client.
3.2. In addition to the provisions of clause 3.1, Dom Gonçalo may make certain promotions (“Promotions”) and discounts (“Discounts”) on reservations made by Customers on the Site, with limited or no time limits.
3.3. The following conditions apply to Benefits, Promotions and Discounts:
i) For the benefit of certain Promotions and / or Discounts, the Customer may be asked to enter a promotional code (“Promotional Code”) or to prepay the reservation;
ii) Benefits, Promotions and Discounts are subject to availability confirmation;
iii) Dom Gonçalo reserves the right to cancel the Benefits, Promotions and / or Discounts or to reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial value or when they are used fraudulently ( namely, by who is not its holder / beneficiary);
iv) Benefits, Promotions and Discounts are only valid for reservations made through the Site and are not transferable to third parties;
v) In the event of cancellation or non-use of a reservation made under a Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be refunded, nor will it be guaranteed to be re-applied to another reservation;
vi) If there is a change, at the initiative of the Client, of the characteristics and / or ownership of a reservation made under a Benefit, Promotion or Discount, the latter may lose the benefit / perk granted by the reservation, applying the provisions, in case of withdrawal, in section 8;
vii) The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts holds the Client responsible in general terms and gives Dom Gonçalo the right to choose between (a) the application of the tariff without discount and (b) the termination of the Contract, equating this resolution, as to the consequences that result from it, to the Client's termination of the Contract under the terms of section 8, without prejudice to Dom Gonçalo's right to be compensated for all damages suffered;
viii) Dom Gonçalo reserves the right to cancel and / or change the Benefits, Promotions and Discounts at any time.
4. PRICES AND TAXES
4.1. The prices indicated for the goods and services are in euros and may fluctuate for the same date, considering the contractual value, the value in force at the date and time of the reservation or order.
4.2. Unless explicitly stated otherwise, the price of the reservation or order includes the taxes legally due (including, namely, Value Added Tax), which will be charged by Dom Gonçalo to the Client together with the reservation or voucher order (s) at the legal rate in force, depending on the contracted services.
4.3. In the case of a reservation or order subject to prepayment at the time of booking or ordering, it is the customer's responsibility to inform the data to be included in the invoice relating to prepaid services, these data being the sole responsibility of the Customer. The invoice once issued cannot be reissued with changes.
4.4. If there is an increase in the Prices of any product / service included in a voucher, the Customer will be informed immediately, being able to choose to receive his order (by paying the difference) or to proceed with its cancellation.
5.1. The realization of reservations or orders, changes to them and cancellations may be subject to the payment of fees charged by Dom Gonçalo to the Client, calculated according to the type of reservation or order, the date of its completion (or the respective change or cancellation) and applicable tariff, to be disclosed at the time of booking or ordering by the Customer. Additionally, Dom Gonçalo may also be charged additional fees by the Client for changes in reservations or cancellations, if these are required by other service providers.
5.2. The fees due by the Client to Dom Gonçalo in connection with a reservation or order are non-refundable if he does not use or enjoy the goods and / or services contracted, as well as for any other reason not attributable to Dom Gonçalo, unless the Client cancels the reservation under the terms (including term) described in the General Conditions.
Any changes to reservations or orders require the express agreement of Dom Gonçalo, which may imply changes in the price and / or be subject to the payment of fees, calculated according to the type of reservation or order, the date of the change and the applicable tariff.
7.1. The characteristics of Dom Gonçalo, the Accommodation and the contracted services, are those contained in the terms of the reservation or order and the Site. However, since the photographs were not taken on the day the reservation or order was made by the Client, there may be non-substantial differences between the photograph and the reality at the date of the use of the services contracted by the Client, which do not give the Client the right to any modification of the Agreement.
7.2. The prices shown are per room per unit or per package, however, they can be presented per person or according to other characteristics, which in any case will be duly indicated on the Site or in the Particular Conditions of the reservation or order, when making reservation or order. If it is possible to make a reservation for a number of people greater than the normal accommodation capacity, an extra bed may have to be placed, which may not have the same comfort and quality as the other accommodation beds, reducing its useful area, even happening with children's beds.
7.3. The diets and their specificities are communicated to the Client on the Site or in the Particular Conditions, when making a reservation.
7.4. Dom Gonçalo's category and denomination are determined by the applicable legislation in Portugal.
7.6. If the Client presents himself with more people or people of different ages, from those indicated in the reservation or order, to use the Accommodation, those responsible for Dom Gonçalo can refuse his entry (or charge a fee if there is availability of accommodation) situation for which Dom Gonçalo cannot be held responsible.
7.7. If an overbooking situation occurs (that is, more reservations than available accommodations) at Dom Gonçalo, the Client expressly acknowledges and accepts that Dom Gonçalo may place him in another Hotel of the same category (in any case, ensuring that the quality of the Accommodation provided is not inferior to that of the Accommodation reserved by the Client), without additional costs for the Client, and without, for that reason, being entitled to any indemnity or termination of the Contract.
7.8. As a rule, the accommodation can be used from 3 pm on the day of arrival and must be left free before 12 pm on the day of departure (in both cases, at local time of Dom Gonçalo). Staying at the accommodation beyond the practiced departure time may lead to the payment of additional amounts, which are the sole responsibility of the Client.
7.9. At the request of the client and subject to availability and express confirmation by Dom Gonçalo, it may be agreed to anticipate the time of entry on the day of arrival or to extend the time of departure on the day of departure, with or without additional costs for the client, under the terms of the Particular Conditions of the contract and without prejudice to the application of the General Booking Conditions.
7.10. Access to the rooms is restricted to the Client and persons included in the reservation confirmed by Dom Gonçalo. Guests, as well as service providers external to Dom Gonçalo (takeaway, etc.), must be received by the Client at the reception.
7.11. The Client must comply with any internal rules and / or regulations for the use of the Services, and Dom Gonçalo cannot be held responsible for losses suffered by the Client as a result of their violation by the Client or third parties.
8.1. The payment of the reservation must be made by the Client (i) on the date of realization of the reservation or (ii) on the date of entry into the Accommodation (if this modality is available for the type of reservation made by the Client), in order to enjoy the contracted reservation .
8.2. If the Client intends to pay the reservation only at Dom Gonçalo, he can do so under the terms permitted by the latter, and must inform the latter in a timely manner about which payment methods are accepted. However, Dom Gonçalo will always be able to ask for credit card information when making the reservation, for the purposes of guaranteeing the reservation, and Dom Gonçalo undertakes to debit it, for the amount corresponding to the value of the first night booked, only if (i) the Client does not show up at the Hotel, on the date of entry indicated on the booking receipt or (ii) cancels the reservation without the advance notice provided in the respective booking receipt, which the Client expressly accepts and authorizes .
8.3. Dom Gonçalo proposes to the Client the following payment methods via Easypay - Instução de Relógio Lda:
a) Credit card (Visa, Mastercard);
b) ATM reference;
8.4. In the case of payment with a credit card for a voucher order (s), the debit will be made on the Client's card immediately after confirmation of the dispatch of the voucher (s). If some products ordered are sold out or it is not possible to provide them under the terms of number 11 of the General Conditions, their value will be credited to the Client's card after the order is closed.
9. CANCELLATION, RETURN AND EXCHANGE
9.1. By making a reservation on the Dom Gonçalo Hotel & Spa website, you accept and agree to the cancellation and no-show conditions at the property.
9.2. The deadline for canceling a confirmed reservation differs depending on the dates of the reservation and the type of rate chosen and is indicated in the written confirmation sent by the hotel.
9.3. If the cancellation occurs within the time limit referred to in Section 9.2., The amounts that may have been deposited for the reservation will be returned by Dom Gonçalo to the Client, after deducting bank charges.
9.4. In case of cancellation after the stipulated limit, the hotel reserves the right to charge the amounts previously stipulated or not to refund the prepaid amounts.
9.5. Reservations guaranteed under Section 8.2., Rooms are reserved until 12 noon (midnight) on the expected arrival date. After that time and if there is no communication from the customer, the reservation will be canceled automatically, without the possibility of a refund and regardless of the number of nights booked.
9.6. The process of canceling or returning an order for a voucher (s) is handled on a case-by-case basis by Dom Gonçalo. The order must arrive in writing to the email address email@example.com within 8 days after ordering.
9.7. The refund of the amount paid for the vouchers is made by Bank Transfer. To make the return, the Customer must present proof of payment and account ownership, so that the return can be made.
9.8. Dom Gonçalo undertakes to reimburse the Client within a maximum period of 8 working days from the request for cancellation or return.
9.9. If the value resulting from the exchange of vouchers is lower or higher than the initial value, the settlement conditions will be indicated on a case by case basis by Dom Gonçalo.
10. VOUCHER DELIVERY AND VALIDITY (S)
10.1. Voucher delivery takes place within 24 hours if the delivery option is chosen via email or in person at Dom Gonçalo's SPA or within the indicative period of days provided by the Correios de Portugal company for sending Normal Mail at https: // www.cttexpresso.pt/faq/enviar-encomenda/como-enviar/tempo-de-entrega.html or in another location that this company makes reference to that term.
10.2. To the value of the voucher can be added the shipping costs to be indicated on the website.
10.3. The voucher will be made available and delivered after confirmation of a good payment.
10.4. Vouchers are valid for one year, unless the order is for a service or product that defines a different term, and it is not possible to guarantee the provision of the service, prices, discounts, promotions and offers beyond that period.
10.5. The exact validity of the vouchers is expressed in them, so that the booking of the experience as well as the realization of the same or the purchase of the product or service based on the voucher, must take place within the expected period, under penalty of irrevocable loss of the rights conferred. by the voucher.
10.6. Within the respective validity periods previously mentioned, vouchers serve as a means of payment. After the term, the vouchers are immediately and automatically canceled, and cannot be revalidated or used.
10.7. Dom Gonçalo may, in exceptional cases, analyze the possibility of extending the validity period of a voucher, by means of prior contact with the respective purchaser / holder by calling 249 539330 or via email firstname.lastname@example.org.
11. IMPOSSIBILITY OF COMPLIANCE
When, for facts not attributable to him, Dom Gonçalo is unable to fulfill obligations resulting from the Contract, he must immediately notify the Client of this impossibility. If the impossibility respects an essential obligation, the Customer can terminate the Contract without any penalty or accept in writing an amendment to the Contract and any variation in price. The Client must communicate to Dom Gonçalo his decision within 4 working days after receiving notification from Dom Gonçalo, assuming, if he says nothing, that he is in agreement with the change.
12.1. Dom Gonçalo is accountable to Clients under the terms of the law, unless:
i) The non-compliance is not due to situations of force majeure or unforeseeable circumstances, motivated by abnormal and unpredictable circumstances, foreign to Dom Gonçalo, whose consequences cannot have been avoided despite all the steps taken;
ii) It is demonstrated that the non-compliance is due to the Client's own conduct or to the unpredictable performance of a third party unrelated to the provision of the services due by the Contract.
12.2. To the extent permitted by applicable law, Dom Gonçalo is not responsible for damages that may originate in any unforeseen circumstances or that are beyond its control, and also, expressly and by way of example: network delays or blockages, interference, interruptions , viruses, malfunctions and / or disconnections in the operational operation of the Site or in the Client's computer equipment and equipment, or any other anomalous functioning of the reservation service for causes beyond its control and which prevent the reservation from being made.
12.3. The Customer is accountable to Dom Gonçalo under the terms of the law.
13. PERSONAL DATA
All communications or notifications under the Contract must be made using the information provided by the Client in processing the reservation. Any changes to the Client's data and any communication or notification sent by the Client to Dom Gonçalo must be made to the following contact: email@example.com.
15. GENERAL PROVISIONS
15.1. Once the Contract is signed, it can only be changed in writing, by a document signed by the Client and by Dom Gonçalo, which becomes an integral part of the Contract.
15.2. The provisions of these General Conditions may be changed at any time by Dom Gonçalo for future legal relations, without prior notice. As such, whenever you make a reservation, and even if you use the Site frequently, you should read them in full.
16. APPLICABLE LAW AND JURISDICTION
The Contract is governed by the laws of the Republic of Portugal.
The Court of Ourém is exclusively competent for the resolution of any disputes arising from the validity, execution, execution, non-compliance, extinction or interpretation of the Contract, without prejudice to the applicable mandatory legal rules.
1.2. The Site is owned by Dom Gonçalo Hoteis, Sociedade de Hotelaria e Turismo SA, a public limited company with headquarters at Rua Jacinta Marto nº 100, 2495-450 Fátima, registered at the Commercial Registry Office of Ourém, under the unique registration number and legal person 502737166, with the share capital of EUR. 1,700,000.00 (“Dom Gonçalo”).
2. GENERAL OBLIGATIONS AND RESPONSIBILITY OF THE USER
2.3. It is expressly forbidden to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any other that may be considered harmful to Dom Gonçalo's image on the market. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.
2.4. The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate them or advise third parties to do so.
3. DOM GONÇALO'S RIGHTS AND OBLIGATIONS
4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
4.1. All the information contained in the Site and the Services and all the data and information compiled by Dom Gonçalo associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which you have access as part of the Services or through its use are considered contents of Dom Gonçalo, or of a third party, when properly identified. The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the referred contents (partially or totally), unless it has been expressly authorized in writing by Dom Gonçalo or by a third party holding their intellectual property and personality rights.
4.3. The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
4.6. The User is not allowed (nor can he allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by applicable law or the User has been specifically authorized in writing by Dom Gonçalo to do so. Unless Dom Gonçalo has granted the User a specific written authorization to do so, he cannot assign (or assign a sub-license to) his rights to use the Software, grant a guarantee regarding his rights of use Software or, alternatively, transfer any part of your rights to use the Software.
5. DISCLAIMER OF WARRANTIES
5.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" (AS IS AND AS AVAILABLE) AND DOM GONÇALO DOES NOT PROVIDE ANY KIND OF WARRANTY WITH REGARD TO OURSELVES. IN PARTICULAR, DOM GONÇALO DOES NOT GUARANTEE TO THE USER THAT (I) THE USE OF THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS; (II) THE USE OF THE SERVICES IS NOT INTERRUPTED, OR WHICH IS SPECIAL, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED, RESULTING FROM THE USE OF THE SERVICES, WHICH IS ACCURATE OR RELIABLE; AND (IV) THE DEFECTS, WHETHER EXISTING, IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED.
5.3. YOUR USE OF THE SITE, THE SERVICES, AS WELL AS ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES FOR ANY LOSS OF ANY DAMAGE TO ANY DAMAGES FOR ANY DAMAGE TO ANY DAMAGES. WHERE YOU USE OR VIEW THE SITE, SERVICES AND MATERIALS AVAILABLE.
5.6. TO FACILITATE USER ACCESSIBILITY, DOM GONÇALO MAY INCLUDE LINKS TO INTERNET SITES THAT ARE HELD OR OPERATED BY THIRD PARTIES. WHEN USING THE LINKS TO THESE THIRD PARTY SITES, YOU MUST REVIEW AND ACCEPT THE RULES OF THIS SITE BEFORE USING IT. THE USER MUST ALSO ACCEPT THAT DOM GONÇALO DOES NOT CONTROL THE CONTENT OF THIS SITE AND CANNOT ASSUME ANY RESPONSIBILITY FOR THE MATERIALS CREATED OR PUBLISHED BY THESE THIRD PARTY SITES. FURTHER, A LINK TO A SITE THAT IS NOT FROM DOM GONÇALO DOES NOT MEAN THAT THIS SUPPORTS THE SITE OR THE PRODUCTS AND SERVICES REFERRED TO.
6. LIMITATION OF LIABILITY
6.1. TO THE EXTENT PERMITTED BY APPLICABLE LEGISLATION, DOM GONÇALO DOES NOT ASSUME ANY RESPONSIBILITY TO THE USER FOR:
(I) ANY DAMAGES RESULTING FROM THE USE OF THE SITE AND SERVICES;
8. GENERAL PROVISIONS
8.6. Any notifications, communications and complaints from the User should be made, preferably, to the email [firstname.lastname@example.org].
9. APPLICABLE LAW AND JURISDICTION