GENERAL BOOKING TERMS AND CONDITIONS
The purpose of this document is to regulate the GENERAL TERMS or CONDITIONS OF PROCUREMENT of the Pre-booking and Online Booking services (hereafter, and interchangeably, ‘Pre-booking’ and ‘Online Booking’ services, or ‘services’) of STURISM., with registered offices in Rua de Peniche Lt.73 nº4, 2450-505 Nazaré, Tel. +351 919 131 458. The terms “You” and “User” are used here to refer to all individuals and/or entities who for whatever reason access www.sturism.com or use its services.
The use of these services implies full and unconditional acceptance and validity of each and all the General Terms and/or Conditions – which are deemed to be automatically incorporated into the contract concluded with STURISM , without the need for your written transcription in the same – included in the latest version of these General Terms and/or Conditions.
2. USE OF THE STURISM PRE-BOOKING AND ONLINE BOOKING SERVICES
2.1. Pre-booking Services
The online Pre-booking services are for information only, and their sole purpose is to offer the user the possibility of checking the availability of a room/programs/tours in their preferred Accommodation. THE USER WILL RECEIVE AN EMAIL WITHIN 24 HRS, CONFIRMING IF THEIR BOOKING HAS BEEN PROCESSED, AND WILL CONSEQUENTLY ONLY BECOME BINDING ONCE STURISM HAS ACCEPTED THE RESERVATION BY MEANS OF EMAIL CONFIRMATION AND SUBSEQUENT PAYMENT BY THE USER. The user must verify the booking confirmation and notify STURISM of any error immediately in writing.
2.2. Online Booking Services
a. The purpose of the Online Booking services is for the reservation of a room/program/tour in STURISM.COM. THE USE OF THESE SERVICES IMPLIES FULL AND UNCONDITIONAL ACCEPTANCE AND VALIDITY OF EACH AND ALL THE GENERAL TERMS AND/OR CONDITIONS – WHICH ARE DEEMED TO BE AUTOMATICALLY INCORPORATED INTO THE CONTRACT CONCLUDED WITH STURISM , WITHOUT THE NEED FOR YOUR WRITTEN TRANSCRIPTION IN THE SAME – INCLUDED IN THE LATEST VERSION OF THESE GENERAL TERMS AND/OR CONDITIONS.
b. Procurement procedure: When using the service, the user will receive an email confirmation in which is included the confirmation that their purchase order is in the process of being confirmed. If you are a customer, once the corresponding debit for your reservation has been made, you will receive an email confirming this; this email serves as proof of your booking.
c. Guarantee: The booking is confirmed and guaranteed overnight with a credit card. In the event of a no-show without prior notice, the first night will be charged (including VAT and taxes).
d. Termination of the contract or cancellation of the booking: The credit card is solely a means of guarantee. Cancellation of the booking by the user will not incur any charges for advance cancellation, provided that this is done prior to the specified deadline in each country (local time at the Accommodation) on the day of arrival. Once this threshold has passed, STURISM will make a cancellation charge as compensation, which will amount to the cost of the first night (including VAT and taxes).
This clause does not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.
The arrival times at the Accommodation in each country are:
e. CANCELLATION COSTS No charge will be made to your credit card if cancellation is made more than 40 Days prior to the day of arrival at the Accommodation (local time at the Accommodation). If cancellation is made during the 40 days prior to arrival, 50% of the total cost of the booking will be charged to your credit card In the event of a client no-show without prior notice, 100% of the total cost of the booking will be charged.
These clauses do not apply to bookings made with special rates. In this case, the respective specified conditions shall apply.
The above applies to the following Local Accommodation:
f. STURISM Policies for children
STURISM Policies for children in all our Accommodations are subject to the facilities of the Accommodation and are determined by the Accommodation management, as described in existing contracts. Where applicable, STURISM policies for children apply only in Accommodations which do not offer half board or full board.
g. Policy on minors.
Minors under the age of 18 staying in the Accommodation must be accompanied by their parents, teachers or other duly authorized adults. Accommodation staff may require relevant documentation identifying adults as parents/teachers of authorized persons.
h. Prices per room and night.
Prices are valid only in writing and for the period specified. STURISM reserves the right to modify these prices without prior notice where there are justifiable reasons.
Prices relating to the booking will be indicated during the booking process. VAT is applicable on these prices without prejudice to local taxes also being applied in accordance with existing local regulations in each country. These local taxes must be paid directly in the Accommodation.
i. Prices shown at the time of booking payment include VAT (or equivalent tax) according to the applicable rate at the time.
In the event that the applicable rate changes between the date of the booking and the date of services being provided, creating a disparity, in accordance with the applicable regulations, the applicable price shall be that which corresponds to the time of delivery of services or to the accrual of the tax, even where this will incur an increase to the final price indicated to the client during the booking process.
2.3. The user undertakes to use the services in accordance with the Law, moral standards, good customs and public order, as well as that which is stipulated in these General Terms and/or Conditions of procurement. Consequently, the user is obliged not to use the services for illicit purposes or effects and/or contrary to what is set out in these General Terms and/or Conditions of procurement, detrimental to the rights and interests of third parties or which could, in any way, damage the services, STURISM and/or its image.
2.4 STURISM shall, for increased agility and for the benefit of its users, be able to unilaterally modify at at any time and without prior notice the services provided, or the operational or technical Conditions, or the conditions of use of the services. In the same way, the users, in order to improve the service and establish optimum levels of quality – STURISM ‘s ultimate objective – can make suggestions for changes that they consider to be useful by contacting those responsible for the page via the following email address firstname.lastname@example.org
3. CONDITIONS APPLYING TO THE STURISM ONLINE CHECK OUT PROCESS.
For users who opt to use the “ONLINE CHECK-OUT” process, the
following Particular Conditions will apply when checking out of the room they
have reserved at the STURISM Accommodation:
3.1 How the Online Check-out Process Works
a. This process allows users to check out of their room without having to personally go to the reception area of the STURISM Accommodation to check out.
b. The Check-out process operates in the following way:
3.2 Payment in the Online Check-out process
a. The Online Check-out form indicates the total price that the user must pay for their stay in the STURISM Accommodation.
b. The price showing on the Online Check-out form shall be the price corresponding to the procurement by the user of the services provided by STURISM (plus VAT and applicable taxes) and, where applicable, additional costs that the user may have incurred from the day of their arrival at the STURISM Accommodation until the day of their departure from the Accommodation.
c. Additional costs are deemed to be all those services used by the user during their stay in the STURISM Accommodation and which were not included in the initial booking that they made for the room (including but not limited to: breakfast if this is not included in the initial price, lunch or dinner in the Accommodation restaurant, purchase of products from the mini-bar, car parking in the Accommodation car park, etc.) (hereafter, “Additional Costs”)
d. In the event that the user has incurred (i) additional costs not known to STURISM at the time of accepting the Online Check-out or (ii) additional costs incurred after STURISM has sent confirmation of the Check-out, STURISM will issue a new invoice to the user in order to recover these Additional Costs.
3.3. User authorization for collection of payment by STURISM at the time of Online Check-out
a. Collection of payment of the amount shown on the Online Check-out form will be made automatically by STURISM when the user clicks on the “Accept Online Check-out” button.
b. By accepting these General Terms and Conditions, the user expressly authorizes STURISM to automatically take payment for the provision of its services using the details of the bank card provided by the user when making the Accommodation room booking. STURISM shall inform the user of the exact amount that will be taken before it is taken (this information is specifically shown on the Online Check-out form).
c. STURISM shall retain the details of the user’s bank card for the period necessary to verify that the additional costs incurred by the user after having completed the Online Check-out are completely covered. STURISM shall therefore retain these details for the sole purpose of being able to take payment for the additional costs incurred by the user up to their departure from the Accommodation but which were not paid for at the time of Online Check-out.
d. Once STURISM has verified that the user has paid for all the services used, STURISM shall, where appropriate in compliance with the legal obligations required of it, delete all details of the user’s bank card. In this way, if the user procures the services of STURISM again, they will have to provide their bank details again.
e. The user declares that they are the holder of the bank card that they provided for payment of the services provided by STURISM and/or that it is from a third party who has expressly authorized the user for use for the same.
3.4. Possible errors or changes to Online Check-out invoicing information.
a. In the event that the invoicing information appearing on the Online Check-out form is incorrect or if the user wishes to make changes to this information, they will have to go directly to the STURISM Accommodation reception so that they can rectify the errors or make the requested changes.
b. In this event, payment will be made at the STURISM Accommodation reception itself.
3.5. Obligations and responsibilities of the user in relation to the Online Check-out process
a. The user guarantees that the personal and invoicing details provided to STURISM are accurate, exact, current and complete and accepts responsibility for informing STURISM of any change to them so that they can take the corresponding payment.
b. In the event that STURISM can prove that the user has committed fraudulent practices relating to the use of the bank card for payment of the services provided using the Online Check-out process, STURISM reserves the right to initiate any legal action that rightfully applies.
c. The user undertakes to strictly comply with the Online Check-out process and with the obligations set out in these Special Conditions.
This section gives information on data processing as it relates to making reservations and pre-reservations.
WHO IS THE CONTROLLER OF PROCESSING MEMBERS’ DATA?
Please state the reference “Data Protection Officer”
FOR WHAT PURPOSE WILL STURISM ACCOMMODATION PROCESS ACCOUNT HOLDERS’ PERSONAL DATA AND FOR HOW LONG?
You are advised that data provided by account holders will be processed by STURISM for the following purposes:
WHAT USER DATA WILL STURISM PROCESS?
For correct service provision, STURISM will process the following categories of data:
The data requested from the Member are mandatory for correct service provision and, not providing them will mean the services cannot be provided. When the data requested is not mandatory, this will be noted on the form.
WHAT IS THE JUSTIFICATION FOR PROCESSING USERS’ DATA?
The justification for processing your personal data will be the performance of the contract between the parties. For sending commercial communications, it will be members’ consent.
Consents obtained for the aforementioned purposes are separate and the user may revoke only one without affecting the others.
To revoke this consent, the User may contact STURISM by the following methods: email@example.com
WITH WHICH RECIPIENTS WILL USER DATA BE SHARED?
User data may be disclosed to:
ACCOMMODATION in terms of the back office management connected to the company’s invoicing. In this regard, please be advised that the company is regulated by means of contractual clauses approved in advance by the Government Finances Portuguese
The personal data provided will be stored throughout the contractual relationship, and after termination of the same, for the limitation period for legal actions that could result from it.
In relation to data for sending commercial communications, data will be stored for as long as the user does not withdraw their consent. However, if you withdraw your consent, this will not affect the legality of prior processing.
PROCESSING DATA ON THIRD PARTIES
If the Member, at any time, provides data on third parties, they declare that they have their consent and commit to providing them with the information in this clause, and advising STURISM of any change or update to the same.
MEMBERS’ RIGHTS REGARDING THEIR DATA
By writing an email to firstname.lastname@example.org with the reference “Data Protection”, attaching a copy of your identity document, you may, at any time and free of charge, exercise the following rights:
The data subject may contact the Data Protection Officer of the Data Controller:
5. CORRECT USE OF THE CONTENTS OF THE WEBSITE BY THE USER
5.1 STURISM declares that the industrial property rights (Brands, Trade names, etc.) which appear in this Website are owned by them and/or are legitimately exploited under agreements or user licences, and are duly protected by current Legislation on Industrial Property. The User undertakes to use the Website diligently, correctly and legitimately and, in particular, agrees to abstain from:
(a) Deleting, circumventing or manipulating the “copyright”, brands and other data which identifies the rights of STURISM or its titleholders incorporated into the contents and/or products marketed from the STURISM Website, or the technical protection devices, digital fingerprints or any other such information mechanisms which could contain the same.
(b) Using the contents and, in particular, information about STURISM obtained via its Website to send out advertising, communications for the purposes of direct sales or any other type of commercial purpose, unsolicited messages addressed to a variety of people.
(c) Reproducing or copying, distributing, allowing public access via any public method of communication, changing or modifying the contents, unless prior authorization has been obtained from the titleholder of the corresponding rights or it is legally permitted.
(d) In general, using the contents in a manner for purposes or effects which are contrary to the law, moral standards, generally accepted good customs and public order. STURISM grants no license or authorization of any kind over the use of its industrial and intellectual property rights or over any other property or right relating to its Website.
5.2. Procedure in the event of infringement of intellectual property rights. In the event that a User or third party considers that any contents have been introduced onto their Website which infringe their intellectual property rights, they must notify STURISM of their full and precise details and of the intellectual property rights which have allegedly been infringed, as well as the Website.
6. RIGHT TO MODIFY THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
STURISM reserves the right to modify these General Terms and Conditions of procurement by informing users of the changes made via www.sturism.com
7. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
7.1 STURISM DOES NOT GUARANTEE THE RELIABILITY,
AVAILABILITY OR CONTINUITY OF THE SERVICES MADE AVAILABLE TO THE USER, THUS
EXCLUDING ANY LIABILITY FOR DAMAGES WHICH MAY ARISE OWING TO A LACK OF
AVAILABILITY, RELIABILITY OR CONTINUITY OF ITS WEBSITE OR ITS SERVICES,
ALTHOUGH IT WILL TRY TO FACILITATE, TO THE EXTENT OF ITS CAPABILITIES,
TECHNICAL SUPPORT FOR THE PERSON AFFECTED, AND WILL TRY TO IMMEDIATELY RECTIFY
THE BREAK IN SERVICES, PUTTING INTO PLACE, TO THE EXTENT OF ITS CAPABILITIES,
7.2 STURISM DOES NOT UNDERTAKE TO CONTROL AND DOES NOT HAVE ANY PRIOR CONTROL OVER VIRUSES OR ELEMENTS IN ITS CONTENTS WHICH MAY ALTER THE SOFTWARE OR HARDWARE OF THE USER OR OF PERSONS VISITING THE WEB PAGES AND WILL THEREFORE NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH MAY ARISE FROM THE SAME.
7.3 IF, DESPITE ACTING WITH DUE FORESIGHT AND DILIGENCE, STURISM IS UNABLE TO PROVIDE THE CONTRACTED ROOMS FOR REASONS WHICH ARE NOT ATTRIBUTABLE TO IT AND IF IT IS IMPOSSIBLE TO OFFER THE SERVICES UNDER THE CONDITIONS AGREED, STURISM SHALL OFFER THE USER THE OPTION OF A COMPLETE REFUND OF THEIR PAYMENT OR SUBSTITUTION FOR SOMETHING SIMILAR IN NATURE IN TERMS OF CATEGORY OR QUALITY. IF DUE TO SUBSTITUTION THE SERVICE IS OF AN INFERIOR CATEGORY OR QUALITY, STURISM MUST REFUND THE DIFFERENCE.
8. SAFEGUARDING THE GENERAL TERMS AND/OR CONDITIONS OF PROCUREMENT
Should one of the stipulations of these General Terms and/or Conditions of procurement be declared null and non-operational, the rest of the General Terms and Conditions will be retained in the agreed Terms. STURISM undertakes to substitute the stipulation affected by the nullity, bringing it into line as far as possible with the intention originally sought by the parties.
NO STIPULATION IN THIS CONTRACT SHALL IN ANY WAY AFFECT THE MANDATORY PROVISIONS IN RELATION TO CONSUMERS. IF YOU ARE NOT A CONSUMER, YOU EXPRESSLY RENOUNCE ANY RIGHT OF WITHDRAWAL.
The user/client can file any type of complaint send a email to email@example.com
10. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and/or Conditions of procurement are governed by Portuguese Law. For the resolution of any dispute arising with respect to its validity, execution, fulfilment or resolution, either total or partial, STURISM and the users expressly waive their own jurisdiction or any other which, if appropriate, may apply to them and submit to the competence of the Courts and Tribunals of Leiria, Portugal. This contract constitutes the full and complete expression of the agreement between STURISM and the user and replaces all previous pacts, undertakings, statements or agreements, either written or oral, which may have existed previously between both.
In all cases, any dispute arising from the provision of services in the Accommodation in which the client is staying shall be submitted to the consumer courts.