TERMS AND CONDITIONS OF USE OF THE WEBSITE

INDEX

1. IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE 2

2. OBJECT 2

3. USE OF THE WEBSITE 2

4. CHANGE IN CONDITIONS 3

5. OBLIGATIONS AND RESPONSIBILITY OF THE USER 3

6. INTELLECTUAL PROPERTY 4

7. LIABILITY 5

8. LIMITATION OF LIABILITY 5

9. GENERAL BOOKING PROCEDURES AND CONDITIONS 7

10. BOOKINGS OF VARIOUS STUDIOS 7

11. ACCOMMODATION 8

12. MAXIMUM OCCUPANCY OF THE ACCOMMODATION 9

13. GUESTS’ ACCESS TO PROPERTY 9

14. GENERAL CONDITIONS OF PRICES AND PAYMENTS 10

15. PAYMENT GUARANTEE 11

16. SPECIAL PRICE AND PAYMENT CONDITIONS 11

17. SHUTTLE SERVICE 12

18. PRICE AND RATE CHANGES 12

19. CANCELLATION POLICY 12

20. COVID-19 MEASURES 13

21. CODE OF CONDUCT 13

22. INSURANCE 14

23. COMMUNICATIONS 14

24. GENERIC PROVISIONS 15

IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE

• • These Terms and Conditions of Use (hereinafter “Terms and Conditions“) govern the use of the www.landescapefurnas.com website  (hereinafter “website“), whose management is the responsibility of ESTEVÃO CÂMARA, UNIPESSOAL, LDA., with registered office at Rua Direita, no. 97, Fajã de Baixo, 9500-448 Ponta Delgada, registered under the single registration and legal person number 514.232.366, with the share capital of € 1.00  (one euro) (hereinafter also referred to as “Landescape“), as well as the bookings made through other means and with the stay at the accommodation Landescape Garden Studio located in Canada das Pedras, 9675-056 Furnas (hereinafter also referred to as “Accommodation“).

OBJECT

• • The Terms and Conditions constitute an agreement between Users and Landescape regarding access, navigation and use of the website, as well as with regard to booking through other means and to the stay at the Accommodation.
  • The Terms and Conditions apply automatically to any updates, developments, new tools and/or new website properties.
  • The website allows anyone to check the information provided about the Accommodation and make reservations.

USE OF THE WEBSITE

• • Access and browsing on the website is free and does not require registration.
  • The User, by accessing and browsing the website, expressly and unreservedly accepts the Terms and Conditions and declares, for the proper purposes, that (s)he has the legal capacity to contract and assume all obligations associated with such contracting.
  • Acceptance and compliance with the Terms and Conditions is mandatory for any User who accesses, browses or uses the website, or makes reservations by other means, where applicable.

• • If you do not agree to the Terms and Conditions, you must stop using the website immediately.
  • In order to expedite User accessibility, Landescape may include links to websites owned or managed by third parties. When using such third-party websites, you should review and accept the rules of said websites prior to using them, as well as accept that Landescape does not control the content of said websites and cannot undertake any responsibility related to them. In addition, you agree that a link to a third-party website does not mean that Landescape supports such website.

CHANGE IN CONDITIONS

• • Landescape reserves the right to change these Terms and Conditions at any time, limiting itself to making the changes and posting them on the website, it being the sole responsibility of the User to verify and comply with said terms at the time of each use.
  • The use of the website after the publication of the changes constitutes acceptance of the updated wording of the Terms and Conditions.

OBLIGATIONS AND RESPONSIBILITY OF THE USER

By accessing, browsing or using the website, the User undertakes not to:

Use the website for purposes other than those for which the website is intended, including illegal purposes, contrary to good faith and public order.

• • • Access any section of the website, other connected systems or networks or the services offered through the website, through hacking, forgery, password extraction or any other illegitimate means. 
    • Cause damage to Landescape’s physical and logical systems, its suppliers, third parties, or introduce or spread a virus into the computer network or any other physical or logical system that may cause damage.

• • • Infringe or attempt to surpass the security measures or authentication of the website or any connected network, or the security and protection measures inherent to the content offered on the website.
    • Use the website to collect personal data from Users.
    • Take any action that causes a disproportionate, unjustified and unnecessary saturation to the website infrastructure or to the website’s network systems, as well as on the network systems connected to the website.
  • Landescape reserves the right to suspend, modify, restrict or permanently interrupt access, browsing, use, hosting and/or downloading of the content and/or use of website services, regardless of prior notice, in relation to Users who violate any of the provisions of the Terms and Conditions, without the User being able to claim compensation for this.
  • Users who do not comply with the Terms and Conditions will be held liable in general terms.

INTELLECTUAL PROPERTY

The User acknowledges and agree that all trademarks, trade names or logos, as well as any other intellectual property rights over the content and/or any other elements relating to Landescape are the exclusive property of Landescape (hereinafter “Intellectual Property“).

• • In no event does access to the website imply a waiver, license or total or partial transfer of Intellectual Property, except as expressly indicated otherwise.
  • The Terms and Conditions do not give the User the right to use, alter, exploit, reproduce, distribute or communicate the Intellectual Property.
  • Any other use or exploitation of any rights shall be subject to prior and express authorization granted specifically for this purpose by Landescape.
  • The website, as a whole and as a multimedia artistic work, is protected as copyright in accordance with applicable law.

• • It is also prohibited to remove, ignore or manipulate copyright notices or any other notices, as well as technical protection devices or any information or protection mechanisms that may contain the content. 

LIABILITY

The parties undertake to comply with their legal and contractual obligations generated under the Terms and Conditions.

• • Landescape will use all commercial and technical efforts at its disposal to keep its services available through the website, with the limits referred to in clause 8 of the Terms and Conditions.
  • If either party does not comply with any of its obligations or prevents compliance by the other party, in accordance with the Terms and Conditions, it shall respond in general terms, with the limitation provided for in the following paragraph.
  • In any case, Landescape’s liability for any damages (as contractual and non-contractual liability) related to the website, booking by any other means or with the stay in the Accommodation is limited to cases where it acts with intent or serious fault, in the legal terms.
  • In any case, and to the extent permitted by law, Landescape’s liability, when existing, shall be limited by the following amounts:

• • • € 100,000.00 in the event of death or damage to life or physical integrity;
    • € 500.00 in case of total or partial loss of baggage or damage thereof;
    • Three times the total price paid by the Customer in case of other damages.

LIMITATION OF LIABILITY

Without prejudice to the legal terms, the User acknowledges and accepts that Landescape does not warrant or undertake any liability, namely, but not limited to, in connection with the following:

• • • Continuity of website content.
    • Absence of viruses and/or other harmful components on the website or server that lodges it.

• • • The invulnerability of the website and/or the unfeasibility of violation of the security measures adopted.
    • Poor transmission and/or receipt of any data and/or information on the internet.
    • Failure of any receiving material or lines of communication.
    • Any dysfunction in the internet network that prevents the correct functioning of the website and/or the correct development of the services.
    • The lack of usefulness or performance of the website.
    • Any damages caused to you or to third parties by any person who violates the conditions, rules and instructions set forth on the website or through violation of its systems.
    • Any damage caused to the User’s software or computer equipment during the use of the website or that is derived from failures or disconnections in telecommunications networks, which produce suspension, cancellation or interruption during the provision of the service.
    • Any damage to the performance of the website’s services derived from false or incomplete information provided by the Customer or User.
    • Any damages resulting from any judgment of the User as to the integrity, accuracy or existence of any advertisement or any relationship or transaction made with any advertiser, whose advertising is presented by Landescape.
    • Any damages caused by any changes Landescape may make to the services or any permanent or temporary cessation of the provision of the services (or any features of the services).
    • Any damage caused by the deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the Services.
    • Any damages caused by direct or indirect violation of the Terms and Conditions.

• • No oral or written recommendation or information of Landescape shall be construed as constituting a warranty of any kind, unless expressly provided for in the Terms and Conditions.

GENERAL BOOKING PROCEDURES AND CONDITIONS

These general booking conditions are an integral part of the contract for the provision of tourist accommodation booking services between the Customer and Landescape concluded through the website or by other means (hereinafter “Contract“).

• • Only persons of legal age may enter into Contracts, under general terms.
  • The booking of the Accommodation is made through the form made available for this purpose on the website.
  • The Customer must correctly fill out the form referred to in the preceding paragraph (with regard, in particular, to the dates of entry and exit, his/her personal data and payment information), being fully responsible for the choices made and the information made available, which must be complete, true and updated.
  • Customer’s knowledge and acceptance of the terms of the Contract are manifested through validation of the check box for this purpose in the booking form, being also of the Customer’s knowledge and acceptance the Terms and Conditions of the website, Privacy Policy and Cookie Policy.
  • After completing the form, the Customer is assigned a booking code, which must be referenced in all communications with Landescape.
  • The Contract shall be considered concluded after:
    
    • The receipt of the form duly completed by Landescape with all personal data of the guests, being of particular relevance the correct completion of the form when the Customer books several studios (pursuant to clause 10 of the Terms and Conditions);
    • Receipt by Landescape of all payments required, in particular under clauses 14, 15 and 16 of the Terms and Conditions (e.g. payment of deposits);
    • Confirmation of the availability of the Accommodation by Landescape, which will be done within 5 days from the booking, via e-mail.

BOOKINGS OF VARIOUS STUDIOS

Each Customer can only book a maximum of four studios through the website.

• • If the Customer wishes to book five or more studios, (s)he must send an e-mail with such a request to [email protected].

• • The Customer, when booking more than one studio, must associate each reservation with a different guest, under penalty of the duplicate booking possibly being cancelled.

ACCOMMODATION

The characteristics of the Accommodation are those contained in the reservation. However, since the photographs of the Accommodation made available on the website were not taken on the day of booking by the Customer, there may be non-substantial differences between the photograph and the reality at the time of enjoyment of the contracted services, which do not give the Customer the right to any modification of the Contract or compensation.

• • If the Customer presents him/herself with more people than indicated in the reservation to use the Accommodation, Landescape may refuse entry, a situation for which it cannot be held liable.
  • In the event of an overbooking situation (i.e., more bookings than available studios), the Customer (or other guests, if applicable) may choose to:
    
    • Be placed in another accommodation of the same category at no additional cost and without, for that reason, being entitled to any compensation or the termination of the Contract. Landescape ensures that the quality of the accommodation provided is not lower than that of the Accommodation booked; or
    • Terminate the Contract, with right to reimbursement of the amounts paid. In this case, the Customer (and other guests, if applicable) accepts that (s)he does not have the right to any compensation.
  • The Customer (and other guests, if applicable) must comply with the Code of Conduct of use of the Accommodation (pursuant to clause 21 of the Terms and Conditions), and Landescape may not be liable for damages suffered by the Customer (and/or other guests, if applicable) as a result of the violation thereof.
  • As a rule, the Accommodation can be used from 15:00 on the day of entry (local time of Accommodation). Early access is subject to availability on the day of arrival. If the Customer does not attend the Accommodation by 23:59 of the date of entry indicated in the booking receipt, the Accommodation may disregard the booking and enter into contracts with third parties, a situation for which Landescape cannot be held liable.
  • As a rule, the Accommodation must be vacated before 11:00 on the day of departure (local time of Accommodation). The Customer’s stay (and/or other guests, if applicable) beyond the departure time is subject to the availability of the Accommodation and also the payment of the following fees:

• If the departure is made by 18:00, a fee corresponding to 50% of the daily reservation price of the Accommodation will be charged;
• If the departure is made after 18:00, a fee corresponding to 100% of the daily reservation price of the Accommodation will be charged.

• • The Customer (and/or other guests, if applicable) assumes full responsibility for the possession and/or attainment of the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) for entry to the place of the Accommodation or where (s)he makes a stopover during the purchased trip. Landescape assumes no liability for the refusal to grant visas or entry permits to the Customer (and/or other guests, if applicable) in any country.

MAXIMUM OCCUPANCY OF THE ACCOMMODATION

• • Each studio has a maximum occupancy limit of two adults, considering as such, and only for this purpose, anyone over 12 years of age.
  • A baby or child under 4 years of age is allowed to stay in the studio with an additional cost of €30 per day . In this case, Landescape is available to install a crib. The crib must be requested by the Client by e-mail to [email protected], at least 48h00 in advance. The possibility of crib installation only applies to the studio “Exclusive Gardenfront Studio”.
    

GUESTS’ ACCESS TO PROPERTY

• Guests must be 18 years of age or older and must otherwise be accompanied by an older person responsible for them.
• • Only guests registered in the Accommodation are allowed to enter the Accommodation.
  • Visitors are not accepted.
  • Landescape reserves the right not to provide service to any guest or visitor.

GENERAL CONDITIONS OF PRICES AND PAYMENTS

• All prices are presented in Euros (€).
• • Landescape only accepts payment made in Euros (€).
  • Landescape only accepts payment made by credit card or bank transfer.
  • A link to secure credit card payments will be available at the time of booking.
  • The credit card used to make the payment must be presented by the respective cardholder upon arrival at the Accommodation, along with the ID (such as citizen card, identity card or passport).
  • In case of bank transfer, the Customer must send the proof of payment within 24h00 to the e-mail [email protected].
  • As a rule, the prices shown on the website are per studio and per night, and may, in certain cases, be presented according to other characteristics (such as per person), which, in any case, will be identified on the website.
  • The prices shown on the website are subject to change at any time, without any prior notice, being, in any case, the price displayed at the time of booking the one applicable to the Customer.
  • The total price of the reservation will be indicated on the booking form.
  • The Customer must pay the total price indicated on the booking form as a pre requisite in order to be able to take advantage of the contracted reservation.
  • The price of the reservation also includes taxes legally due (including, inter alia, Value Added Tax), which will be charged together with the reservation at the legal rate in force depending on the services contracted.
  • The price presented by each studio includes the coffee and tea available in the studio, as well as breakfast for two people, delivered every 2 days. 
  • The price shown per studio also includes daily wellness activities at Landescape, subject to the applicable conditions and times, as well as information services, which include clarification of any questions about the Accommodation or the destination.
  • Any other services provided by Landescape are, as a rule, subject to an additional charge (such as laundry service).
  • No amounts other than the price of the reservation will be charged unless the Customer uses any service subject to an additional charge.
  • The making of reservations, changes to them and cancellations may be subject to the payment of fees charged by Landescape to the Customer, calculated according to the type of reservation, its date (or of the respective change or cancellation) and the applicable price, to be disclosed at the time of the booking by the Customer.

PAYMENT GUARANTEE

• At the time of booking a payment guarantee (deposit) is required in the amount corresponding to 30% of the reservation price, non-refundable, pursuant to clause 16 of the Terms and Conditions.
• • The guarantee referred to in the preceding paragraph must be provided at the time of   booking by credit card or by bank transfer, and, incase, the proof of payment must be sent to Landescape until 24h00 after booking, to the e-mail [email protected].

SPECIAL PRICE AND PAYMENT CONDITIONS

The following terms apply:

• • • In the months of January, February, March, October, November, December the deposit of 30% of the total price of the reservation is required and full payment must be made up to 30 days before arrival. Landescape will send an e-mail before the deadline mentioned for the Customer to pay the total price of the reservation;
    • In the months of April, May, June, July, August, September a deposit of 30% of the total price of the reservation is required and full payment must be made up to 90 days prior to arrival. Landescape will send an e-mail before the deadline mentioned for the Customer to pay the total price of the reservation.
  • If the Customer does not make the payment within the prescribed terms, Landescape may send an e-mail to the Customer granting an extraordinary 24h00 for the payment to be made, after which the reservation is considered cancelled.

SHUTTLE SERVICE

Landescape can arrange private transportation to João Paulo II airport in Ponta Delgada, subject to availability and for an additional charge of € 75.00.  The Customer must place the order within 48h00 before the scheduled arrival via the e-mail info@landescapefurnas.

PRICE AND RATE CHANGES

Any price, fee or price may be changed or introduced at any time and without notice, in the legal terms.

• • Landescape will charge the Customer the fees and taxes in force at the time of stay, as well as any other fees or taxes that are introduced at the time of stay.

CANCELLATION POLICY

Landescape reserves the right to cancel a reservation prior to the Customer’s expected arrival, in accordance with the law and the Terms and Conditions, in which case  the Customer  will be reimbursed for any payment already  made. Landescape will send prior notice to the Customer of the cancellation of their reservation, when possible.

• • Any change to the booking made (such as dates) is subject to the availability of the Accommodation and may imply a change in the price or cancellation of the reservation.
  • In case of reduction in the length of stay, the cancellation policy below will apply in relation to the cancelled nights.
  • In the event of cancellation by the Customer (or other guests), early departure or non-attendance, the Customer expressly accepts that (s)he is not entitled to any refund of the amounts paid, except in the following terms and verified the following conditions:
  • In the months of January, February, March, October, November and December, if the cancellation of the reservation is made up to 30 days before the expected date of arrival at the Accommodation, the Customer is entitled to a refund of 100% of the total price of the reservation, discounting the amount of the deposit.
  • In the months of April, May, June, July, August and September, if the cancellation of the reservation is made up to 90 days before the expected date of arrival at the Accommodation, the Customer is entitled to a refund of 100% of the total price of the reservation, discounting the amount of the deposit. 
  • No refunds are due for goods and/or services that, although made available to you, the User chooses not to enjoy or use.
  • If a refund is due, Landescape is not responsible for any credit card fee or surcharge or currency fluctuation.
  • No exceptions are allowed to this cancellation policy, except in the cases provided for by law and in the Terms and Conditions. In any case, Landescape recommends the purchase of appropriate travel insurance prior to booking.
  • The Client does not benefit from the right to free termination, pursuant to the provisions of Decree-Law no. 24/2014, of the 14^th of February.

COVID-19 MEASURES

• In the event of a travel ban or in the case of prophylactic isolation, in accordance with the legally provided terms, relating to COVID-19, which is proven to prevent the Customer from going to the Accommodation on the dates booked, Landescape will make a full refund of the amounts already paid by the Customer and/or waive any applicable penalties.
• If, during your stay at the Accommodation, a travel restriction is imposed or if the Customer is subject to the prophylactic isolation measure related to COVID-19, Landescape will extend the Customer’s stay on the basis of a reduced rate calculated in accordance with the Best Available Rate (BAR). The application of this measure is subject to availability in the Accommodation.  

CODE OF CONDUCT

• In the course of your stay in the Accommodation, the Customer must respect and comply with this Code of Conduct, also available in the Accommodation.
• • The Customer and other guests, if applicable, are responsible in particular  for:
    
    • Maintaining a cordial and respectful behavior during  the stay, including that of the minors under their responsibility, if applicable;
    • Maintaining in good condition the studios and common areas of the Accommodation,  with care in the use of goods and services provided by the Accommodation;
    • Respecting the staff and other guests;
    • Keeping quiet and respecting the rest of other guests;
    • Smoking only in the designated area for that purpose;
    • Damages or theft of  goods, such as towels, household appliances, furniture or any item owned by Landescape;
    • Not consuming alcohol or narcotics in the Accommodation.
  • The Customer accepts that Landescape charges a minimum penalty of € 200.00 if there are damages in any part of the Accommodation, including in the outdoor area, or in case of non-compliance with the Code of Conduct.
  • Landescape reserves the right to demand Customers (and other guests) that present a lack of care in the use of the Accommodation and/or that cause disturbances and/or damages to other guests or the reputation of the Accommodation to leave.
  • Violation of the Code of Conduct may result in the payment of other penalties  and/orcancellation of the reservation. 

INSURANCE

22.1. Landescape’s liability arising from the obligations assumed before the Customer is guaranteed by a civil liability insurance contracted with Allianz, with policy no. 206328057, in the amount € 300,000.00 and also by a multi-risk insurance contracted with Allianz, with policy no. 206328038, in the amount of € 1,000,000.00, in accordance with the terms and exclusions established in the applicable legislation.

COMMUNICATIONS

Any User communications should preferably be e-mailed to [email protected].

GENERIC PROVISIONS

Rights: The Terms and Conditions do not affect your rights under the law.

• • Prevalence: in the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the website relating to certain materials, these shall prevail.
  • Exercise of Rights: the immediate non-exercise or non-application of rights or provisions by Landescape shall not be construed as a waiver thereof.
  • Reduction: the invalidity, declared by final judgment, of any clause of the Terms and Conditions does not determine the invalidity of the others, Landescape reserving the right to modify the Terms and Conditions accordingly in order to remedy the invalidity, if applicable.

• COMPLAINTS
  
  • The User may lodge a complaint through the electronic complaint book available at www.livroreclamacoes.pt.

• APPLICABLE LAW AND COMPETENT JURISDICTION
  
  • The Terms and Conditions are governed by Portuguese law.
  • All disputes arising out of or related to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Judicial Court of the District of the Azores.
  • The User may resort to the alternative consumer dispute resolution entities listed on the Consumer Portal in http://www.consumidor.pt/,where you can check in a dynamic and update manner the identification of such entities and their contacts, or to the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr/s.