General terms and conditions
Introduction
Algarvacation.com rents out villas in the Algarve region. Although it specialises in the rental of villas, other services such as car hire and flights can be arranged because of our close links with reputable organisations. Algarvacation.com cannot be seen as a travel agency. Portugal is very southern European in both its culture and way of life. The Portuguese and particularly the Algarvian culture, way of life, infrastructure and organization, is very different to the English. Because of its beautiful sunny climate, picturesque landscape and excellent food, the Algarve has become one of the most popular holiday destinations in Europe and in villa holidays it is Europe’s no 1 destination . With all these advantages, increasing tourism is likely to have an even greater impact on economic growth over the next few years. Algarvacation.com can benefit you with 20 years of experience in the rental of luxury villas in the Algarve. We take pride in providing the highest standards of service so that you get the most pleasure from your holidays.
§1 Rental Contract
Articles 1-5 apply to tenants confirming their intention to book more than two months before the start of the rental period. Articles 7-9 apply to tenants confirming their intention to book less than two months before the start of the rental period.
1. Algarvacation.com will reserve the villa 15 days from the date that it sends the tenant the contracts. Date on post stamp will be the legal start of this period.
2. The tenant will receive two original rental contracts by post. One should be signed by the responsible person for the rental party(signature as in passport) and sent back immediately; the other one is for personal use. Together with the signed rental contract, a list with names and ages of the guests occupying the villa and a copy of the passport of the responsible person for the rental party needs to be sent back and received by Algarvaction.com within 15 days counting from the date on the post stamp.
3. Having received the rental contract, a 30% down payment of the total rental price should be paid immediately into the bank account of Algarvacation.com. At the latest this amount should be credited 15 days after the rental contracts have been send to tenant(counting from date on post stamp). If the tenant, at the time of booking, foresees problems crediting the down payment in time, Algarvacation.com can provide bank details per fax or e-mail, so the tenant has a prolonged period of time for the money transfer. Algarvacation.com reserves the right to rent out the villa to another client if the signed contract, additional required information(read above) and down payment have not been received in time. Arriving in time, the received requirements make the booking fixed but provisional.
4. At the latest, two months before the start of the rental period, the remaining amount (70% of the total rental price plus(when applies) final cleaning fee plus (when applies) deposit) has to be received. The actual day of arrival of the money into the bank account, confirmed by an account extract, will be decisive for the punctuality of payment. Only the punctual arriving of the second payment will make the booking definite and will ensure the tenant the exclusive right of the use of the villa in the mentioned rental period.
5. Should the second payment not be received in time, Algarvacation.com reserves the right to cancel the rental contract and claim loss of potential rental earnings. This claim will be the total amount of the 30% downpayment of the total rental price . When a last minute rental can be arranged the claim will be reduced to 15% of the total rental price, the cancellor will be credited with the remaining 15% of the total rental price.
6. The tenant will be informed per e-mail about the entrance of down payment, additional required information and second payment. Together with the confirmation of second payment, the tenant will receive a route description to the villa together with instructions in relation to collection of the keys.
7. In case of a booking within two months before the start of the rental period, the tenant will receive a copy of the rental contract by fax or e-mail. The tenant should sign and either fax the signed rental contract or send a scanned copy by e-mail immediately. With the provided bank details in the rental contracts the full rental price (plus (when applicable) final cleaning fee plus (when applicable) deposit) will have to be transferred immediately. The tenant has to provide a fax- or scanned copy confirmation of the banktransfer(clearly stating all details of transfer) within three working days(counting from the date on the rental contract). Having received this, booking will be fixed but provisional.
8. Tenant will have to provide a list with names and ages of the guests occupying the villa and a copy of the passport of the responsible person for the rental party, either by post, fax or e-mail. Only the actual arriving of the money into the bank account of Algarvacation.com and the receipt of the additional required information will make the booking definite.
9. On receipt of all requirements, Algarvacation.com will provide confirmation of these per e-mail together with route description to the villa and key-handover information.
§2 Force Majeure
Although it has never occurred, in the very unusual circumstances of force majeure, such as natural catastrophes, epidemics,etc. both tenant and Algarvacation.com are not bound to the contract and can withdraw without specific period of notice. For any already realised services or any necessary services still to be made, Algarvacation can claim reasonable compensation.
§3 Cancellation
1. Before the actual start of the agreed rental period the tenant has the possibility to withdraw from the rental contract. In this case Algarvacation.com will charge a compensation payment. The actual amount claimed can be found in rental contract.
2. Cancellation will only come into effect when Algarvacation.com receives the cancellation in writing. The identity of the tenant must be shown very clearly, especially if notified by e-mail.Validity of cancellation will be determined by the actual date of receipt of the cancellation.
3. Algarvacation.com advises the tenant to take out travel insurance to cover themselves for a claim in the event of cancellation.
§4 State of the Property
1. Algarvacation.com will have thoroughly checked the provisions of the villa and described every aspect to the best of its ability. Although the owner genuinely tries to offer a high standard property with respect to cleanliness, hygiene, tasteful furnishing etc., the owners taste in decoration and furnishing may not be to everyone’s liking The photographs displayed on the homepage of our web site, www. Algarvacation.com, provide an impression of the interior and exterior quality of the villas. Having inspected the photographs and signed the rental contract, is confirmation that the tenant is satisfied that the rental price to be paid is fair. By signing the rental contract, the tenant confirms that he has taken notice of web site information regarding the state of the property and accepts the general condition as acceptable and appropriate to rent.
2. Algarvacation.com guarantees the tenant use of the property during the agreed rental period.
3. The tenant is obliged to treat the property and its contents both indoor and outdoor with care and respect. The tenant is responsible for the actions of the rest of his party and the party should be informed that they should treat the property and all its contents with care and respect. The tenant will be held responsible and liable for the actions of all members of party, including pets.
4. The tenant is liable for any damage caused by him and/ all other members of his party [pets included], especially damage caused resulting from negligent use of water, electrical, heating, sanitary installations or by not locking the property properly when leaving the house at any time during the rental period or neglecting an agreed duty between tenant and Algarvacation.com Any damage should be reported immediately to Algarvacation.com to ensure prompt rectification of damage.
5. Within all properties, linen and towels will be provided for use by the tenant and his party. Change of linen times may differ but the exact terms will be found in the contract. Towels from the rented property may not be used for swimming pool use or taken to the beach.
§5 Defects
1. Should the tenant or member of the party find a defect in the property it should be reported immediately to Algarvacation.com. The same applies if measures need to be taken against hazards or unauthorised groups or individuals endangering the property and/or its premises.With respect to reporting defects, the tenant must allow a reasonable length of time for repairs to be completed or substitute parts fitted.
2. In the case of the tenant delaying the reporting of defects, any costs arising because of this will be charged to the tenant. If repair and rectification do not go ahead due to not/ or late reporting, Algarvacation.com will not reimburse the tenant any rental fees, claim compensation or cancel the rental contract.The general conditions of the contract relating to withdrawal remain in place. If the tenant can provide a genuine reason for withdrawal not linked to the late reporting of a defect, cancellation may be accepted.
3. The tenant is informed that, in Portugal, despite continuous efforts to improve its infrastructure, electricity power cuts and water supply problems may occur, particularly in times of forest fires, bad weather and high peak season demands. Under these circumstances, these services cannot be guaranteed by Algarvacation.com. Furthermore, the tenant is informed that, in times of rain and the resulting increase in humidity within the villa, that he and his party take responsibility for implementing preventative measures to avoid short circuiting and power cuts e.g. taking plugs out of sockets. The tenant is made aware that Portugal’s southern European and rural culture has greater tolerance to animals, especially dogs. Many neighbours own animals so it is quite normal to hear and see (stray) dogs and other animals. Additionally, it is possible that other noises may be heard such as the sound of motorcycles, scooters, church bells ringing,etc.
4. The tenant is informed that there has been an acceleration of growth in public infrastructure resulting in some roads being shut down without little or no notice due to “work in progress”.
5. By signing the contract, the tenant has declared that he is aware of the points raised in 3. and 4.
§6 Liability of Algarvacation.com
1. Beyond their obligation to provide a defect free use of property by the tenant, Algarvacation.com is only liable in the case of gross negligence. Algarvacation.com is not liable in case of Force Majeure (catastrophes due to nature or epidemics etc).
2. Claims that are based upon defects within the property are only valid when made within the first month from the final day of the rental period. Beyond this, a claim will only be valid if the tenant can prove that, for reasons beyond his control, it was impossible to comply with the 1 month deadline. Claims made after one year of the final day of the rental agreement will be declared void under the Statute Of Limitations.The tenant’s claims against Algarvacation.com based upon infringement of life, body, health or freedom will become void under the Statute Of Limitations exactly one year after the infringement took place, unless it can be proved that Algarvacation.com deliberately caused the infringement. Any other claim will become void under The Statute of Limitation, exactly one year after the incident leading to the claim took place, except when Algarvacation .com deliberately created the reason for the claim.
§7 Arrival
1. On the first day of the agreed rental period, the property will be available to the tenant between 15:00-15:30 at the latest. On the day of departure, the property has to be vacated before 10:00 to allow for cleaning. More flexible arrangements are possible depending upon individual cleaning schedules, the time of arrival of new or no clients to be arranged with Algarvacation.com.
2. Algarvacation.com requires the tenant to confirm his time of arrival together with flight details several days before so that the key (and/or car) handover time can be arranged.
3. In the case of early arrival Algarvacation.com will try to help with storage of luggage. For late arrivals Algarvacation.com advises to bring basic necessities, such as groceries as supermarkets could be closed.
§8 Miscellaneous
1.Should the tenant wish to take pets to the property, permission may be granted only after Algarvacation.com has spoken to the owners.
2. In case any article in the terms and conditions of business is or will become partly or entirely unlawful, the other articles will not be affected by this. Any unlawful article will be revised or replaced until it complies with the law.
3. Oral agreements will only become an effective part of the rental contract when written down, accepted and signed by Algarvacation.com and the tenant.
4. The tenant is obliged to inform Algarvacation.com immediately should the number of persons in the party rise above the agreed number to enable adjustments to the existing rental contract as deemed necessary. In the case of non-compliance of this article, Algarvacation.com is entitled to cancel the contract without due notice.
5. The tenant is obliged to submit the names of all members of the party. Only the listed members are entitled to inhabit the property during the stated rental period.
