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Terms and conditions

SCOPE
1.1. These general conditions (“General Conditions”) govern and are an integral part of the service contract entered into through the website www.hotelcasapalmela.pt (“Site”) between the Once Upon a House Group (“Group”) and the client who subscribes to the contract (“Client”), which aims to provide services for the reservation of tourist accommodation (“Accommodation”) and respective subsidiary tourist services in tourist developments in hotel units (“Hotels”) owned and/or operated by a company within the hotel group.

1.2. The conclusion of the Contract, which occurs after the confirmation of the reservation through the Site, is made under these General Conditions, the knowledge and acceptance of which by the Client are manifested through the validation of a checkbox for this purpose in the reservation form, and the Client is also aware of and accepts the Terms of Use of the Website and its Privacy Policy.

2.1. In making any reservation, the Client must correctly fill out the respective form, indicating, in particular, the Hotel, Accommodation, departure, entry and exit dates, and applicable rate, subject to confirmation of availability by the Once Upon a House Group, as well as their personal data and payment information, taking full responsibility for the choices made and the information provided, which must be complete, truthful, and up-to-date.

2.2. Upon confirmation of the reservation details by the Client, a reservation code is assigned, which must be referenced in all contacts with the Group. The Client acquires the right to the travel services contracted with the Once Upon a House Group, under the terms and conditions described in the respective reservation confirmation and in the Contract, after payment.

2.3. When the Client has reserved accommodation only, they are entirely responsible for obtaining and/or contracting means of transportation that allow them to take advantage of the contracted services.

2.4. Similarly, the Client assumes full responsibility for possessing and/or obtaining the necessary documents (such as identification documents, authorizations, visas, and vaccination certificates) for entry into the country and/or locality of the Hotel or where they make a stopover during the acquired trip, and should inform themselves in advance about this when having reserved accommodation only.

2.5. Due to the special regimes and rates available for children, which vary, among other factors, depending on age, service provider, and travel dates, Once Upon a House Group advises the Client to inquire in advance with the Group before making the reservation.

2.6. No refunds are due for goods and/or services that, although made available to the Client, they choose not to enjoy or use.

BENEFITS, PROMOTIONS, AND DISCOUNTS
3.1. The Once Upon a House Group may carry out certain promotions (“Promotions”) and discounts (“Discounts”) on the Site, with a limited or unlimited time frame, for reservations made by Clients.

3.2. The following conditions apply to Benefits, Promotions, and Discounts:

i) For the benefit of certain Promotions and/or Discounts, the Client may be asked to enter a promotional code (“Promo Code”) or make an advance payment for the reservation;
ii) Benefits, Promotions, and Discounts are subject to availability confirmation;
iii) Once Upon a House Group reserves the right to cancel Benefits, Promotions, and/or Discounts or reject a Promo Code when the total value of Promo Codes already used exceeds a certain financial amount or when they are used fraudulently (particularly by someone other than the rightful 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 is its reapplication guaranteed for another reservation;
vi) If there is a change, initiated by the Client, in the characteristics and/or ownership of a reservation made under a Benefit, Promotion, or Discount, the Client may lose the granted benefit, and in case of withdrawal, the provisions of section 10 will apply;
vii) The use of fraudulent mechanisms to obtain Benefits, Promotions, or Discounts makes the Client liable in general terms and gives Once Upon a House Group the right to choose between a) applying the non-discounted rate and b) terminating the Contract, with such termination being equivalent, as to the consequences arising from it, to the termination of the Contract by the Client, without prejudice to Once Upon a House Group’s right to be indemnified for all damages suffered;
viii) Once Upon a House Group reserves the right to cancel and/or change Benefits, Promotions, and Discounts at any time.

TAXES
In addition to the reservation price, legally due taxes (including, notably, Value Added Tax) will be added to the reservation price, and these will be charged by the Once Upon a House Group to the Client together with the reservation at the applicable legal rate, depending on the contracted services.

FEES
5.1. Booking, modifications, and cancellations may be subject to fees charged by the Once Upon a House Group to the Client, calculated based on the type of reservation, the date of its realization (or its modification or cancellation), and the applicable rate, to be disclosed at the time of booking by the Client. Additionally, additional fees may be charged by the Once Upon a House Group to the Client for changes in reservations or cancellations.

5.2. The fees are due for each reservation made, as compensation for providing online reservation services by the Once Upon a House Group to the Client, and will be charged at the time of payment of the reservation by the Client.

5.3. Fees owed by the Client to the Once Upon a House Group within the scope of a reservation are non-refundable if the Client does not use or enjoy the contracted goods and/or services, as well as for any other reason not attributable to the Once Upon a House Group, except if the Client cancels the reservation under the terms (including the deadline) described in the General Conditions.


ACCOMMODATION
6.1. The features of the Hotel and Accommodation are as stated in the reservation. However, since the hotel photos were not taken on the day of the reservation by the Client, there may be differences, not substantial, between the photograph and the reality on the date of the services enjoyed by the Client. These differences do not give the Client the right to modify the Contract.

6.2. The prices shown are per room, but may also be presented per person or based on other characteristics, which will be properly indicated on the Site at the time of making a reservation. If it is possible to make a reservation for a number of people exceeding the normal capacity of the Accommodation, an extra bed may need to be provided, which may not have the same comfort and quality as the other beds in the Accommodation, reducing its usable area. The same may happen with children’s beds.

6.3. Dietary regimes and their specificities are communicated to the Client through the Site at the time of making a reservation.

6.4. If nothing is mentioned in the reservation, the dietary regime includes only breakfast.

6.5. If the Client arrives with more people than indicated in the reservation to use the Accommodation, the Hotel staff may refuse entry. In this situation, Once Upon a House Group cannot be held responsible.

6.6. If an overbooking situation occurs (i.e., more reservations than available accommodations) at the Hotel where the Accommodation reserved by the Client is located, the Client expressly acknowledges and accepts that Once Upon a House Group may place them in another Accommodation in the same Hotel or another Hotel of the same category (in any case, ensuring that the quality of the provided Accommodation is not inferior to the Accommodation reserved by the Client), at no additional cost to the Client, and without the Client being entitled to any compensation or termination of the Contract.

6.7. As a general rule, the Accommodation can be used from 4:00 PM on the day of arrival and must be vacated by 12:00 PM on the day of departure (in both cases, at the local time of the respective Hotel). Staying in the Accommodation beyond the practiced check-out time may lead to additional charges, for which the Client is solely responsible.

6.8. If the Client does not arrive at the Hotel by 11:59 PM on the entry date indicated on the reservation confirmation and does not inform the Hotel of their late arrival, the Hotel may disregard the reservation and sell the Accommodation to others. Once Upon a House Group cannot be held responsible in this situation.

6.9. The Client must comply with the internal regulations of the Hotel, if any. Once Upon a House Group cannot be held responsible for any damages suffered by the Client as a result of a breach of these regulations.

PAYMENT
7.1. The Client must pay the amount indicated on the reservation form as a prerequisite to enjoy the contracted reservation.

7.2. The payment of the reservation can be made by the Client
i) on the Site, on the date of making the reservation, or
ii) at the Hotel, on the date of entry into the Accommodation (if this option is available for the type of reservation made by the Client).

7.3. If the Client chooses to pay for the reservation at the time of making it, they must do so using a credit card in their name, within the list of issuing entities with which the Once Upon a House Group collaborates, provided on the reservation form. The payment will be accepted by the Once Upon a House Group within the limits authorized by the issuing entities.

7.4. Alternatively, if the Client wishes to pay for the reservation only at the Hotel, they can do so in the terms allowed by the Hotel, and must inquire in advance about the accepted payment methods. However, the Once Upon a House Group will always request credit card information from the Client at the time of making the reservation on the Site, for the purpose of guaranteeing the reservation. The Once Upon a House Group commits to charge the credit card only if
i) the Client does not show up at the Hotel on the entry date indicated on the reservation confirmation, or
ii) cancels the reservation without the advance notice provided in the respective reservation confirmation. The Client expressly accepts and authorizes this procedure.

7.5. The credit card information entered by the Client is protected by ————, a subcontractor of the Once Upon a House Group, which complies with all security mechanisms of the Group, following our Privacy Policy.

CANCELLATION
8.1. The cancellation of any reservations made through the Site implies the loss, in favor of the Once Upon a House Group, of any amounts paid by the Client, unless expressly stated otherwise in the respective reservation confirmation.

IMPOSSIBILITY OF PERFORMANCE
If, due to circumstances beyond its control, the Once Upon a House Group cannot fulfill obligations arising from the Contract, it must immediately notify the Client of this impossibility. If the impossibility concerns an essential obligation, the Client can terminate the Contract without any penalty or accept a written change to the Contract and any variation in price. The Client must communicate their decision to the Once Upon a House Group within 4 working days after receiving the notification from the Once Upon a House Group. In the absence of communication, it will be understood that the Client agrees to the change.

COMPLAINTS
10.1. Any deficiency in the execution of the Contract regarding services provided by third-party service providers must be communicated to the Once Upon a House Group in writing, within a maximum period of 20 working days after the end of the services contracted by the Client.

10.2. In the event of a complaint about non-compliance with services contracted with the Once Upon a House Group, the Client can trigger the guarantee provided for in the applicable legislation (provided that the complaint is based on the breach of duties whose compliance is guaranteed by said guarantee). For this purpose, the Client must request the intervention of Turismo de Portugal, I.P., which will demand the guarantor entity, submitting:

i) Judicial decision with res judicata, indicating the amount of the enforceable, certain, and liquid debt;
ii)
Arbitral decision;
iii)
Request for intervention by the arbitration commission, according to applicable legislation, accompanied by supporting documents for the alleged facts.


LIABILITY
11.1. In the case of Organized Trips, Once Upon a House Group is liable to Customers as provided by law, except if:

i) Non-compliance does not result from overbooking and is due to force majeure or fortuitous events caused by abnormal and unforeseeable circumstances beyond the control of Once Upon a House Group, the consequences of which could not have been avoided despite all reasonable efforts made;
ii) It is demonstrated that the non-compliance is due to the conduct of the Customer or the unpredictable actions of a third party unrelated to the provision of services under the Contract;
iii) Legally, the right of recourse cannot be invoked against third-party service providers under the Contract, in accordance with applicable law;
iv) The accommodation provider cannot be held responsible for the deterioration, destruction, or theft of luggage or other items.

11.2. To the extent permitted by applicable law, Once Upon a House Group is not liable for damages that may arise from any unforeseen circumstance or beyond its control. This includes, but is not limited to: network delays or blockages, interferences, interruptions, viruses, malfunctions, and/or disconnections in the operational functioning of the Site or the computer equipment of the Customer, or any other abnormal functioning of the reservation service due to causes beyond its control, preventing the completion of the reservation.

11.3. The Customer is liable to Once Upon a House Group in accordance with the law.

PERSONAL DATA
When filling out the reservation form, the Client will be asked for certain data that can identify them (“Personal Data”), which will be collected by the Once Upon a House Group in strict compliance with the law and in accordance with the provisions of the Site’s Privacy Policy.

CONTACT
All communications or notifications under the Contract must be made using the information provided by the Client through the online form. Any change in the Client’s data and any communication or notification directed by the Client to the Once Upon a House Group must be made to the following contacts: info-casapalmela@ouh.pt.

GENERAL PROVISIONS
14.1. These General Conditions apply only to the reservation of services made through the Site and are a complement to any specific conditions agreed in writing between the Client and the Once Upon a House Group regarding the object of the Contract or mentioned in a specific area of the Site for a particular product or service, including the booking confirmation (“Special Conditions”), which are also an integral part of the Contract.

14.2. In case of conflict, the provisions of the Special Conditions prevail over the General Conditions, and any additional stipulations specially agreed in writing between the Client and the Once Upon a House Group and signed by both, which are part of the Contract, prevail over both.

14.3. Once the Contract is concluded, it can only be amended in writing by a document signed by the Client and the Once Upon a House Group, which becomes an integral part of it.

14.4. The provisions of these General Conditions can be changed at any time by the Once Upon a House Group for future legal relationships without prior notice. Therefore, whenever you make a reservation, and even if you use the Site frequently, you must read them in full.

APPLICABLE LAW AND JURISDICTION
The Contract is governed by the laws of the Republic of Portugal.

For the resolution of any disputes arising from the validity, conclusion, execution, breach, termination, or interpretation of the Contract, the Court of the District of Leiria is exclusively competent, without prejudice to applicable mandatory legal provisions.