TERMS OF SALE OF "A Pousada CHIC"

Transcription

1 TERMS OF SALE OF "A Pousada CHIC" Article 1 DEFINITIONS Under these conditions, each of the expressions listed below shall have the following meaning: 1. "Customer": Natural or legal person paying for staying at the Hotel 2. "Stay": The fact of staying at the hotel upon payment 3. "Hotel": All the private accommodation units, public areas with the various services (reception, bar, restaurant, swimming pool, massage room, parkings, playground, kite storage) 4. "Reservation": The act of allocating one or more accommodation unit(s) and the associated services to a customer for a set period 5. "Deposit": Early payment of a share of the estimated amount of the stay 6. "Reservation Form": Document completed by the customer stating his desire to apply for a number of accommodation units and any associated services for a set period 7. "Essential Elements": services included in the stay (eg accommodation, catering) 8. "High season": Period during which the hotel is more active. This period is set every year and is specified in the rates schedule. 9. "Peak Season": Period during which the hotel is the most active. This period is set every year and is specified in the rates schedule. 10. "High and Peak Season": Combination of both periods defined above 11. "No show": Failure to honor a reservation by neither canceling or coming to the Hotel to occupy an accommodation unit on a set date. 12. "Average season": Period during which the hotel is moderately active. This period is set every year and is specified in the rates schedule. 13. "Off season": Period during which the hotel is the least active. This period is set every year and is specified in the rates schedule. 14. "Accommodations": Accommodation Units that are made available to the customers upon payment. 15. "Customers Guidebook": Non contractual document intending to provide synthetic information related to the hotel. The instructions contained in this document are given according to the state of regulation at the time of publication (2012) and may be altered according to any change(s) that could occur since its release. Article 2 REGISTRATION & RESERVATION The customer must make sure to read the specified additional technical and practical information for his stay. Those information shall be delivered to him at arrival or previously sent by on registration of his application for reservation and can also be found on our website. Every reservation means a total agreement of the customer with the general terms of sale. These terms of sale supersede any and all other document. 2.1 Information prior to reservation Number of guests When making the reservation, the customer will be asked the exact number of guests, their full name and the age of the children who will stay in the accommodation with him. Indeed, each accommodation is designed and insured for a maximum number of persons, as mentioned in the description. Any excess will either be refused or charged extra Special Situations The customer must always inform of his health status or disability, of his/her being underage or under guardianship, etc... when making the reservation in order to define the suitability and quality of the stay. 2.2 Reservation All reservations must be guaranteed by a credit card number (Visa, Mastercard, American Express) The reservation becomes effective upon receipt of deposit required : 50% of total price. Reservations will only be considered firm when the deposit of 50% of the total amount of the stay is paid. If no deposit is paid, the reservation is canceled. The reservation takes effect on receipt of the deposit and of the completed and signed reservation form. For an individual the final amount shall be paid cash at the end of the stay. Agency for the payment of the balance of the stay will be in cash, 10 days before the customer entered.

2 Article 3 RATES & PRICES 3.1 Rates Price Our rates shall be applied to all our customers on the same date. Prices are in reals, and shall be confirmed to the customer when making the reservation. Indeed, rates are not legally binding and can be modified without notice until the confirmation of the reservation. The legally binding rate is set when making the reservation. It is subject to change, within the legal and regulatory limits, according to the variations of the VAT rates, if occurring between the date of reservation and the date of final payment. The rates are per room, per night and per week, unless otherwise stated. They include benefits and services listed on the reservation form. They do not include the additional services nor the surety deposit. All prices, dates and conditions of stay shall be confirmed to the customer by the Hotel prior to arrival. However, in exceptional cases and according to information subsequent to the release of this document, the Hotel might need to alter benefits or rates without having to update previous records. 3.2 Local taxes The local taxes are collected on behalf of municipalities and, therefore, are not included in our rates. They are per night, per. Article 4 CHANGES TO RESERVATION 4.1 Changes to reservation for force majeure /acts of god In cases of force majeure (acts of god), beyond our control, or for safety or maintenance reasons, the hotel could be compelled to partially or completely make changes to its offers (total or partial closing of the site, of a common equipment, etc...). In such circumstances, the hotel will notify the customer in writing, specifically through fax or , within the 24 hours after the date of occurrence of the events. Thereby, the contract binding the hotel to the customer will automatically be suspended from the date of occurrence of the event, with no right to compensation. If the event were to last longer than 30 days from the date of occurrence referred above, the sales contract binding the hotel to the customer could be terminated by either party, without any of the parties being entitled to claim any compensation or damages. Such termination shall become effective on submission of the registered letter with return receipt terminating the sales contract. 4.2 Changes made by the Hotel to essential elements If the hotel were compelled to make changes to one of the essential elements of the stay and the customer is informed by registered letter, with return receipt, at least fifteen days before his arrival, if the hotel has the information in the time period, then the customer could either: terminate the contract and get an immediate and total refund, or accept the changes proposed by the hotel. An addendum detailing the changes shall then be signed by both parties. Any decrease in price shall be deducted from the amounts potentially remaining due by the customer and, if the payment which has already been made by the latter exceeds the price of the modified service, the overpayment will be refunded before the date of his departure. 4.3 Changes made by the customer to essential elements If the customer wishes to make changes to the terms of the stay (date, benefits, etc.), after confirmation of his reservation, the hotel will make every effort to accommodate him. If not possible, these changes will be considered a cancellation from the customer and the cancellation penalties will be applied according to the conditions set up below.

3 Article 5 CANCELLATION INTERRUPTION OF STAY 5.1 Cancellation Any cancellation shall be notified by mail, fax or e mail. The date the cancellation letter is received will be used to determine the effective date of the cancellation. This date will be the basis for calculating a cancellation penalty according to the hereafter penalties schedule. The cancellation may be motivated by a force majeure (act of god), we recommend that you purchase a trip cancellation insurance. In high, average and low season, cancellation penalties will be as following: Cancellation more than 30 days before arrival: the deposit won't be refunded Cancellation from 30 to 8 days before arrival: 100% of total cost of the stay Cancellation less than 7 days before arrival: 100% of total cost of the stay In case of a "no show" or of the interruption of the stay, the customer will be charged the total cost of the initial reservation. 5.2 Interruption of stay The customer is not entitled to claim any damages, compensation or reimbursement if he interrupts his stay for any reason whatsoever: force majeure (act of god), minor event or convenience. The client is solely liable to the Pousada Chic & Chic Turismo Ltda to pay the balance of the price and of the additional costs that would result from the cancelation and from the costs changing the reservation. Article 6 THE STAY 6.1 Arrival and departure time Accommodations are available to the customer from 3 pm, according to the selected formulas and to the schedule specified on the reservation form in the Customers Guidebook. The day of departure, accommodations shall be vacated by 12 am. If this schedule is not followed, the hotel may charge the customer an extra fee. In case of late arrival, the customer must notify our reception desk at the earliest opportunity, no later than six hours before the expected late arrival 6.2 Ancillary expenses All ancillary expenses (telephone, options, extra meals, etc.... expenses not included in the reservation) will have to be paid at the end of the stay, at the reception desk. 6.3 Outside guests The hotel is a private space and is reserved for its customers. Any request to invite outside guests shall be sent to the reception desk for evaluation. If agreed, a voucher will be issued. In no event shall outside guests can enjoy entertainment and activities, except for an additional fee. 6.4 Rules of Procedure To make life easier during your stay, the rules of procedure are available at the reception desk. Please take some time to familiarize yourself with those rules and respect them. Disturbances and nuisance: the customer is responsible for disturbances and nuisance caused by people staying in his accommodation. If a customer disturbs other customers or attempts to disrupt the integrity of the facilities, the hotel reserves the right to immediately terminate his stay, with no compensation and no prejudice to the claims for compensation that La Pousada Chic & Chic Turismo Ltda or third parties may argue against him. Smoking is not allowed in the accommodations. 6.5 Condition Report The accommodations are fully equipped with television, dishes, cutlery, bedding, linen, towels. It is expressly forbidden to use the beds without sheets. In his best interest, the customer shall check the inventory and the proper functioning of appliances and bathroom fittings on arrival. It is required that the customer check and report any issues or problems to the reception desk within 48hr after his arrival. Otherwise, it will be considered that the accommodation was delivered with full equipment and the customer will not be able to establish the contrary. No request will 6.6 Damages The Hotel facilities and equipment shall be used as originally planned. Any damage to the spaces or destruction of furniture that adorn the hotel or the public buildings implies the strict liability of its author. The customer is personally liable for all damages and losses caused to the accommodation or to the hotel by the persons visiting or staying with him.

4 Article 7 LIABILITY & CLAIMS 7.1 Liability The hotel cannot be held liable for damages or thefts of personal belongings that could occur in the accommodations or public areas. The hotel shall not be held liable for nuisance resulting from events of force majeure (act of god) that could disturb, interrupt or make your stay impossible. The customer must be able to prove that he purchased a P & C Insurance and a Liability Insurance from a reputable, solvent insurance company. The customer is solely responsible for all goods (cars, luggage, cameras, jewelry, money, etc...) he has in his possession. Therefore, it is his responsibility to make any decision within the rules of the hotel to ensure their safety. These terms of sale have been drafted and established with the utmost attention. Nevertheless, some non essential errors may remain but do not alter these terms. In addition, we draw your attention to the fact that the photos are in no way binding and we assume no liability for them. They shall only be regarded as mere illustrations 7.2 Claims Claims will only be considered if reported immediately, in writing, to the Hotel Director, so that we can try and solve the problem with no delay. If the problem cannot be solved locally or if compensation is required, an offer will be made in writing by the Hotel Manager and shall be signed by the customer. In the absence of notification to the Director, the stay will be considered a success, and no claim will be received later. Emergency repairs that could have to be carried out in an accommodation during the customer's stay will not result in the payment of any compensation to the latter. If some of the benefits mentioned in the reservation form were not provided, with no fault from the customer, the latter shall be delivered a certificate by the supplier in question. 7.3 Governing Law The customer and the Hotel declare that this contract is subject to Brazilian law.

5 RULES OF CONDUCT «LA POUSADA CHIC» Accepting to stay at «La Pousada Chic» means agreeing to the «La Pousada Chic» Rules of Conduct listed below. By the terms:. «Pousada Chic», we mean inside the enclosure, the entire villa, the complex, its grounds, facilities, activities and staff. «parent» and «parents», we mean parent(s) and/or legal guardian(s) responsible for all children under the age of 18 who are accompanying them. 1. «La Pousada Chic» is located in a tropical ecosystem and it is important to respect the wildlife, the fauna and the flora of the area and region. 2. BEWARE OF FIRES: It is forbidden to light fires. If you smoke, do NOT throw your cigarettes away please use the provided ashtrays. Rooms are non smoking areas. 3. In the interest of all, please respect the tranquility of the place and make sure to moderate your audio devices volume. 4. Narcotics are prohibited. Alcohol consumption is allowed in moderation, and especially at the Lounge bar. The purchase of alcohol outside the Pousada Chic for consumption inside the Pousada Chic is not permitted. 5. Customers leaving the Pousada Chic must leave their key at the reception. 6. Meals are served acording to the schedule below: Breakfast: 7:30 am to 10:00 am Lunch: 12:00 pm to 2:00 pm Dinner: 7:30 pm to 8:30 pm 7. Please use the bins that are supplied in the rooms and throughout the Pousada Chic. 8. Guests may invite third parties to the Lounge bar, to the pool and to the restaurant after notifying the reception. Third parties are under the customer s full responsibility. 9. For hygiene reasons and to ensure confort and tranquility to all our guests, pets are not allowed. 10. In case of damage or disappearance of objects and properties (including linen and furniture) throughout the Pousada Chic, we reserve the right to charge the guest the cost of the repairs and / or their replacement. The same applies for any infringement that might be noticed after the guest s departure. The amount of compensation will be charged on the guest s credit card. 11. Parents are fully responsible for their children. 11. Children can only access the pool if their parents are present. Parents will be notified of any dangerous behaviour.

6 RULES OF CONDUCT «LA POUSADA CHIC» 12. Children can only access the «Salon Mirador» in presence of their parents who are fully responsible for them. 13. The Pousada Chic will not in any way be liable for accidents, especially for those resulting of the use of its facilities, activities or wildlife, wether inside or outside its enclosure (bike ride, swimming, riding, kite ) 14. We decline all responsibility for lost or stolen items. 15. Guests cannot invite third parties to their room, except special authorization delivered La Pousada Chic. By the same token, guests are not allowed to rent a room for a greater number of people than specified by the rules. 16. Guests wishing to extend their stay at La Pousada Chic, are requested to notify the reception with a 24 hours in advance. 17. We remind our guests that it is forbidden to cook or to have meals in the rooms. 18. The room must be vacated from 10:30 am at the latest. After midday, an extra day will be charged at the going rate. 19. The client may not use their stay at La Pousada Chic to pursue activities such as: trade, business, craft or agriculture. 20. If a customer s stay is interrupted or shortened, there will be no refund, even in the case of early departure (e.g. weather). 21. If you shorten your stay please notify us 24 hours before, otherwise the room will be charged at the going rate. 22. Customers are required to read the «La Pousada Chic» Rules of Conduct and sign it for agreement. WE WISH YOU A GREAT STAY AT «LA POUSADA CHIC». The Directorate