Terms & Conditions

Purpose

To outline proper usage of guincholodge.pt website for its visitors. This document may also be referred to as: terms of use, terms of agreement, terms of reference, terms & conditions, or, not limited to, terms of services.

Our Terms and Conditions purposes include, but are not limited to:

●      Defining the stakeholders

●      Proper usage of the website and its contents

●      Improper usage of the website and its contents

●      Termination of accounts

●      Third party terms and conditions

●      Users’ rights to usage

Validity and modifications of the agreement

1.  Definitions

2.  User requirements

3.  Limitation of business activity

4.  Use of the services

5.  Prohibited use

6.  Fees, payments, refunds

7.  Termination

8.  Links to third party websites and third party services

9.  Disclaimer

10. Limitation of liability

11. Personal data

12. Intellectual property rights and customer content

13. Indemnity

14. Force majeure

15. Changes to the Terms & Conditions

16. Severance

17. Non-waiver

18. Assignment

19. Third party rights

20. Governing law and jurisdiction

Access to and use of the Services (as defined below) is subject exclusively to the following terms and conditions (“Terms of Service”).

By using services on www.guincholodge.pt the Customer is fully accepting these Terms of Service. If the Customer does not accept these Terms of Service, the Customer must immediately stop using the Services. If the Customer nonetheless uses the Services, it will be deemed to have agreed to be bound by these Terms of Service.

If you have any questions or comments regarding these Terms of Service, please contact us by email.

1. Definitions

a) The term “guincholodge.pt”, “we”, “us” or “our” refers to 947 West Investment Unipessoal Lda., a company incorporated in Portugal under NIPC number 514106808.

b) The term “guincholodge.pt” means our website www.guincholodge.pt. 

c) The term “Services” refers to all services provided by guincholodge.pt from time to time including but not limited to receiving booking information via our booking and payment system, managing reservations and payments and responding to Customer via our reservation system and managing content on third party channels via our channel manager.

d) The term “Customer” refers to either: a) the person who registers for a Customer Account on his/her own behalf; or b) the organization, where the person registers for a Customer account on behalf of an organization.

e) The term “Customer Account” refers to the account which the Customer creates on www.guincholodge.pt  in order to access and use the Services.

f) The term “Property” refers to any form of accommodation, building, house, apartment, room, houses or any other dwellings or rental space that is displayed by the Customer or a third party channel and offered for rent using the Services.

g) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.

h) The term “Customer Content” refers to Content provided by the Customer as part of using the Services including but not limited to other information.

2. User Requirements

a) To access and use the Services, the Customer must provide information for contact. The Customer agrees to provide and maintain true, accurate, current and complete information at all times.

b) Where the Customer is an organization, the person using Services on its behalf warrants that he/she has the authority to bind the organization to these Terms of Service.

c) The Customer, if an individual, must be at least 18 years of age to be eligible to use the Services.

d) The Customer is responsible for maintaining the confidentiality of its Customer Account, and shall not disclose its password to any third party.

e) The Customer is responsible for all activities that occur, and Content that is transmitted, under its Customer Account.

3. Limitation of Business Activity

a) guincholodge.pt is excluded from, or not responsible for, any rental transactions, booking arrangements or any property management issues. guincholodge.pt is not a party to any rental contract and not to be exclusively associated with 947 West Investment Unipessoal Lda..

b) The Customer acknowledges that (with the exception of Customer Content that is Account Data as defined in clause 12. a) ii.) guincholodge.pt has no obligation to store, maintain or provide the Customer with a copy of any Customer Content. It is the Customer’s sole responsibility to back up its Content.

c) The Customer is solely responsible for the operation of their activity on www.guincholodge.pt, including the business that is conducted in relation to the Properties, the statements and representations made by the Customer about the Properties, any interaction between the Customer and www.guincholodge.pt, and the content (including user-generated content) which is posted to or transmitted via www.guincholodge.pt.

d) The Customer shall ensure that the scope of our role in relation to the www.guincholodge.pt as described in this clause 3 shall be clearly communicated to users and that no statement made on www.guincholodge.pt or otherwise to the users misrepresents, or is likely to misrepresent, this.

4. Use of the Services

a) The Customer agrees to access and use the Services only for vacation rental purposes. Any other use of the Services is expressly prohibited.

b) The Customer agrees to comply with all applicable laws and regulations with respect to its activities under these Terms of Service.

c)  The Customer acknowledges that information provided about the Properties will be made available to the public and may be sent to our partner websites for the purpose of advertising.

d) The Customer is further solely responsible for ensuring that the Customer Website complies with applicable law and for drafting, displaying, and enforcing the terms of use and privacy policy for www.guincholodge.pt

f) If the Customer operates in a similar business to ours, we reserve the right to refuse to provide our Services to them and to terminate these Terms of Service immediately without notice

g) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, at any time and at our sole discretion.

h) Part of the Services shall be provided through software developed by the entity Lodgify, which is integrated into Lodgify.com (the “VPS”). Accordingly, by using the Services, the Customer is fully accepting the terms of service of the VPS (available at: https://www.lodgify.com/terms/) and accepts that any claim, legal remedy or civil liability that may derive directly or indirectly from the use of such VPS, must be directed against the VPS.

5. Prohibited Use

a) The Customer shall not:

– license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party

– access all or any part of the Services in order to build a product or service which competes with the Services;

– attempt to copy, modify, create derivative works of, display, transmit or distribute all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion); or

– attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion).

b) Except where expressly otherwise permitted in these Terms of Service, the Customer is prohibited from:

– using or accessing www.guincholodge.pt  and the Services in a manner that unfavorably affects the performance or proper functioning of www.guincholodge.pt  and the Services, or any computer systems or networks used by guincholodge.pt and the Services;

– impersonating anyone, or from misrepresenting or misstating facts about affiliation with any person, or from forging headers or manipulating identifiers so as to disguise the origin of the content transmitted through www.guincholodge.pt .

– using, displaying, mirroring or framing guincholodge.pt, or any individual element within www.guincholodge.pt  or the Services, guincholodge.pt name, any guincholodge.pt trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.

– using any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the Customer Content and Content made available through the Services and www.guincholodge.pt.

– sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation,

– and the Customer agrees to include similar provisions which are no less onerous than those stated in this clause 6. b) in its terms and conditions with its users

c) The Customer agrees not to post, upload, publish, submit or transmit any Customer Content that:

– infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

– violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

– is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;

– promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

– is violent or threatening or promotes violence or actions that are threatening to any person or entity; or

– promotes illegal or harmful activities or substances,

– and the Customer shall include similar provisions which are no less onerous than those stated in this clause 6. c) in its terms and conditions with its users.

d) We reserve the right to withhold, remove and or delete any Customer Content, with or without notice, where we reasonably suspect that such Customer Content breaches these Terms of Service, and the Customer shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Customer Content posted to, or linked to, www.guincholodge.pt or a third party channel breaches these Terms of Service

e) We further reserve the right to modify any Customer Content in connection with the optimization of the www.guincholodge.pt. Further information about this right and other rights which you grant to us in relation to Customer Content is set out in clause 13. c).

6. Fees, Payments and Refunds

a) Subject to clause 5, our Services are provided for the fees described for each service on www.guincholodge.pt, including but not limited to Subscription Fees, Transaction Fees and Booking Fees (collectively, “Fees”), and the Customer is liable for such Fees. Fees are exclusive of value-added tax, unless specified otherwise.

b) We reserve the right to change these fees and introduce new charges any time, upon at least 30 days prior notice to the Customer, which notice may be provided by e-mail.

c) Services cancelled at the Customer’s request prior to the completion of the contract term are not subject to a refund.

d) If the Customer fails to comply with any of the provisions of these Terms of Service and we terminate the Customer’s Services prior to the completion of the contract term, we will not refund any payments.

e) The Customer agrees to us, or our third party service providers, storing the Customer’s payment card information and charging that payment card (i) a fee for any applicable Services (ii) any other fees for Services the Customer may purchase in addition from us, (iii) any increase in fee pursuant to clause 7. b) or d) of these Terms of Service, and (iv) any applicable taxes in connection with the Customer’s use of the Services. If the payment card the Customer provides expires or fails to make the payment and the Customer does not provide new payment card information or cancel the Customer Account, we may, without liability to the Customer, disable the Customer Account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services until a new payment card is provided or payment of a due amount is able to be charged.

f) Unless otherwise explicitly agreed, all fees shall be paid in EU euros.

a) Our contract with the Customer shall commence on the date the uses Service on guincholodge.pt and shall continue until terminated in accordance with this clause 7.

b) Our contract with the Customer may be terminated by the Customer, without cause, by following the cancellation procedures set forth in clause 7. e).

c) Our contract with the Customer may be terminated by us, without cause, at any time and (subject to clause 4. f)) upon one month’s notice to the Customer.

d) Our contract with the Customer may be terminated by us at any time, upon notice to the Customer (including via email), if:

– the Customer fails to comply with any of the provisions of these Terms of Service;

– the Services are discontinued; or

– we lose the right to provide the Customer with the Services or where the provision of the Services or a particular Service becomes unlawful.

e) Upon termination:

– the Customer shall immediately cease use of the Services;

– the Customer acknowledges we have the right to delete all data, files, or other information that is stored; and

– any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected.

a) www.guincholodge.pt contains links to third party websites that are controlled and maintained by others. The Customer accesses such third party websites at its own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transaction completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third party website is between the Customer and the relevant third party, and not us. We recommend that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third party website. We do not endorse or approve any third party website nor the content of any of the third party website made available via the Services.

b) www.guincholodge.pt may also contain the services of third parties (including but not limited to domain registration services) which will be provided to the Customer pursuant to such third parties’ terms and conditions. We will provide the Customer with links to these third parties’ terms and conditions. The Customer’s acceptance of these terms and conditions may be required to make all services via www.guincholodge.pt available to the Customer.

9. Disclaimer

a) The Customer acknowledges that the Services have not been developed to meet its individual requirements, and that it is, therefore, the Customer’s responsibility to ensure that the facilities and functions of the Services meet the Customer’s requirements.

b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

c) The Services and www.guincholodge.pt are provided on an “AS IS”, “AS AVAILABLE” basis.

d) We make no warranty that the functionality of the Services will be uninterrupted or error-free, that defects will be corrected or that the Services or the servers that makes it available are free of viruses or anything else which may be harmful or destructive.

e) We make no warranty that the Customer Content will not be lost or corrupted and, with the exception of Customer Content which is Account Data (as defined in clause 12. a) ii.), we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content.

f) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service.

10. Limitation of Liability

a) Nothing in these Terms of Service excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.

b) Subject to clause 11. a), we will not be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

– loss of profits,

– loss of business,

– depletion of goodwill

– loss or corruption of data or information, or

– any indirect, special, incidental or consequential loss or damage,

– arising out of or in connection with the Customer’s use of the Services.

c) Subject to clause 11. a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total fees paid for by the Customer during the 12 month period immediately preceding the date on which the claim arose.

11. Personal Data

a) The Customer acknowledges that:

– the Customer shall be the data controller and we shall be a data processor in respect of any personal data which we process on the Customer’s behalf when performing the Services (“Service Data”); and

– we shall be the data controller in respect of any personal data submitted or collected in association with the Customer Account (“Account Data”).

b) With regards to Service Data:

– the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer is located in order to carry out the Services and our other obligations under this agreement;

– the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these Terms of Service on the Customer’s behalf;

– the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;

– we shall process the personal data only in accordance with these Terms of Service and any lawful instructions reasonably given by the Customer from time to time.

12. Intellectual Property Rights and Customer Content

a) The Customer acknowledges and agrees that guincholodge.pt and/or its licensors own all intellectual property rights in the Services and the logo, design, material and software on www.guincholodge.pt. Except as expressly stated herein, this agreement does not grant the Customer any rights to or in patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.

b) The Customer represents and warrants that it is the owner or permitted licensee of the Customer Content, including all intellectual property rights consisting in it, and agrees to indemnify us immediately on demand against any cost, loss or liability which we may incur by reason of the Customer’s breach of that warranty.

c) The Customer grants us the following limited license with respect to the Customer Content: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of www.guincholodge.pt (including any and the Services).

13. Indemnity

The Customer agrees to indemnify and hold guincholodge.pt and its directors and employees harmless from and against all claims, actions, proceedings, liabilities, damages, losses, expenses and costs (including without limitation court costs and reasonable legal fees) which arise from, relate to, or are connected with the Customer’s use of the Services.

14. Force Majeure

a) Subject to clause 15. b), we shall not be liable to the Customer for any breach or delay of the performance of our obligations under these Terms of Service where such breach or delay is caused by an event outside of our control.

b) We will take reasonable steps to minimize the effect of the delay or breach.

We reserve the right to change these Terms of Service at any time and, where appropriate, upon giving the Customer notice via email in advance. The Customer’s continued use of the Services following any changes shall be deemed to be the Customer’s acceptance of such changes.

16. Severance

If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

17. Non-Waiver

Our failure to enforce at any time or for any period any one or more of the provisions of these Terms of Service shall not be a waiver of them or the rights attaching to any of them.

18. Assignment

a) The Customer shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any manner with any or all of its rights or obligations under this agreement.

b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.

19. Third Party Rights

These Terms of Service do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

20. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by law and Customers accept the exclusive jurisdiction of the Lisbon courts to rule on the same.