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These Booking Terms and Conditions, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Gentle theory Lda (“we” or “us”). Please read this carefully as our respective rights and obligations are defined. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person added or transferred to that booking.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
A binding contract is made with us by payment of your reservation deposit, payment in full if you are booking within 60 days of arrival and the completion of the booking form (which also confirms your agreement to our Terms and Conditions).
These Booking Conditions and any agreement to which they apply are governed in all respects by Portuguese law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Portugal.
These terms and conditions must be read in conjunction with the additional information provided, which forms part of your binding contract with Gentle Theory Lda.
We strive to ensure all information, contract and booking conditions and prices both on our website and on our partner websites are accurate however occasionally changes and errors occur, and we reserve the right to correct prices and update and amend all information on our website or partner websites in such circumstances.
If you have a special request that does not form part of the arrangements described on the website, please inform us in writing at the time of booking. We will do our best to comply but cannot guarantee this.
The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
All prices include VAT at the prevailing rate. We reserve the right to offer via our marketing: discounts that cannot be retrospectively applied or used in conjunction with any other offer you may have had. We can also amend the price of unsold holidays at any time and correct any errors in the prices of confirmed holidays including any changes in costs such as services or amenities requested by the guest: extra cleaning, extra laundry costs, baby travel cots, foldaway beds, extra linens, or any other items that are separate to the rental of a property.
At the time of booking, you will be required to pay a deposit of 25% of the value of the accommodation. The balance of your holiday price must be received by us no less than 60 days before arrival date. If we do not receive this balance in full and on time, we reserve the right to treat your booking as a ‘cancellation’ in which case the cancellation charges set out in clause 13 will become payable.
If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking. The closer your cancellation is to the departure date, the less likely we are to recover the costs by re-selling the holiday at the original price. Our cancellation charges therefore increase as the departure date approaches, and you must pay us the sums up to the maximum shown in Clause 13.
Final arrival access to property information will not be supplied until your holiday has been paid for in full, we have received any applicable refundable security deposits for the property and all passport information for all guests.
In the event of any damage, we ask that you notify us immediately regardless of value.
However, if we believe that this damage was caused by negligence and/or vandalism, the full cost of any repairs or replacements will be deducted from the refundable security deposit. Lost house keys will be immediately charged if lost.
Security Deposit
Most properties and certain 3rd party agent properties can also be subject to a refundable security deposit. The security deposit is payable at least 4 weeks prior to arrival date or typically with the final balance payment of your holiday.
The type of payment required, the amount and when it is payable will be confirmed to you at the time of booking. Security deposits are set by us, owners and agents and vary from property to property. We reserve the right to amend the value of the security deposit at any time. Any damage caused to the property must be reported immediately and any damage cost will be deducted from this security deposit. With bookings that require a security deposit, if any member of your party causes any damage to your holiday accommodation, any item in it or on its premises, the lead booker and/or party will be required to pay for the loss and/or damage caused. We will hold you and each member of your party, jointly and individually responsible and we will issue an invoice to the lead booker for immediate payment.
We reserve the right to take photographic images of any damaged property at any time during the course of the tenancy or after departure as proof of damage.
Following your departure, the property management team will inspect the property and you will be informed within 10 days of any issues identified. If no issues are detected, your security deposit will be returned in full within 14 days.
Please check your confirmation email, payment receipts, final arrival information and all other documents you receive from us immediately upon reception. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later.
Should you wish to make changes to any details of your booking following final confirmation, we reserve the right to charge a minimum €10 administration fee.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (presented by the lead party and complying with all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before arrival. All details of the new member of the party must be provided to us in accordance with our booking procedure and the transferee agrees to these booking conditions and all other terms of the contract between us.
If you or any member of your party has any health issue or disability which may affect your holiday, please notify us and provide full details of the condition before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. If we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of your booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If the medical issue becomes apparent when you are in tenancy, we cannot accept any liability in any circumstances.
Once your holiday has been confirmed, any changes or request to cancel can only be made by the lead party. Cancellation date is determined by the date we receive your email and confirm we have received that email. In some cases the deposit for your holiday reservation is non refundable.
Our cancellation charges increase as your arrival date approaches. The cancellation charge detailed is calculated on the basis of the total cost of the holiday payable excluding amendment charges which are not refundable.
If you have to cancel for a reason covered by your insurance policy, you may be able to recover the cancellation charges from your insurance company. Claims must be made directly to the insurance company concerned.
When only some members cancel in a group that has booked a holiday together, the full value of the reservation must be covered by the remaining members of the party.
For all accommodation types, the following terms apply:
Occasionally, we may have to make changes and correct errors on the website and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel.
If a ‘significant change’ or cancellation must be made to your holiday property, we will notify you as soon as possible. You may then opt for one of the following options:
1) accept the changes made to the original reservation.
2) accept an offer of an alternative accommodation of comparable standard from us, if available.
3) cancel your booking completely, in which case we will send you a full refund.
Note: In the event that you choose an alternative property, if the substituted holiday property is of a lower price than the one originally booked, we will also refund the price difference. If the substitute holiday property is of a higher price you will pay the difference to upgrade. The original terms of our agreement will transfer to the substituted accommodation.
No compensation will be made by us if we make major changes or cancel before your arrival or if we are forced to make a change or cancel as a result of unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
At all times during your holiday, you are expected to have consideration for your fellow travellers and other third parties. If in the opinion of ourselves, any service provider, accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to third parties or property either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. Subject to clause 8, you and/or your party may also be required to pay for loss and/or damage caused by your actions, and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
We are required by law to lodge all passport information with SEF Border Control. This information must be provided on your reservation booking form before we can release the Final Arrival Information for your holiday.
It is your responsibility to hold a valid passport, visa and/or entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Your passport, visa and health requirements are subject to change, and it is your responsibility to check the up-to-date position in good time before arrival. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.
Travel insurance is essential. We recommend the policy should be valid from the time of confirming your booking. Your insurance should have cancellation cover as well as multi risk, medical and repatriation. We highly recommend that the insurance purchased have a 24-hour emergency telephone service. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover that you chose not to have for your holiday. It is your responsibility (as the lead guest on the booking) to ensure that you and all other parties in your booking have travel insurance. Gentle Theory Lda is not a provider of travel insurance.
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “accommodation provider” subject to these booking conditions. If we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
The maximum amount we will have to pay you in respect of these claims is an amount equal to the applicable excess in your travel insurance policy in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which based on the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or any business losses.
All decisions regarding any monetary values, refund or compensation of any description, is only with direct written confirmation and agreement solely between the leader of the party and the Director/s of Gentle Theory Lda.
We will not accept responsibility for services or facilities which do not form part of our accommodation agreement. For example; any facility that is provided or maintained by a third party, any excursion you book, or any service including internet provider or facility including communal pools or similar amenities, tennis, golf or other similar leisure activities, chefs, child care, restaurants, transfer and taxi services which any other supplier agrees to provide for you.
The law does not dictate that neighbours need to advise of building works or noise adjacent to and or near any property. Therefore, we cannot be held responsible for any resulting disturbance. Any building work which may commence in the local area, this can include noise from landscaping, building and road works, is completely outside of our control. Building works are legally allowed to take place from Monday 8:00am to Saturday 6:00pm. These are the normal and legally recognized working hours in Portugal. Some building works can also take place with additional licenses for longer hours or on Sundays and bank holidays.
In the case we become aware of any building work which may be considered to adversely affect the enjoyment of your holiday we will notify you as soon as possible, and if possible, will offer you the opportunity to transfer to an alternative available property at the published advertised price.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control.
If you or one of your party suffers personal injury, illness or death during the holiday through no fault of ours or your own, we will, at our discretion, give you general assistance.
Some of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions, which will form part of your contract with us.
If you have cause for complaint whilst on holiday this must be brought to the attention of a Gentle Theory Lda. representative and relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the representative/local agent/ supplier be unable to resolve the matter, details of the complaint must be notified to Gentle Theory Lda in writing within 14 days of the end of your holiday. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint. Complaints received after departure and not reported during your stay will not be considered.
Gentle Theory Lda reserves the right to use recording devices for electronic mail, texts and telephone calls and meetings. Specifically in the case of disputes for evidential purposes, the tenant permits Gentle Theory Lda for the Property owner, to exercise the defense of legal claims; the right to record with video the meeting and all conversations with the tenant/s and to be able to photograph the article / object / situation in dispute.
All items disputed remain the property of Gentle Theory Lda.
In order to process your booking and provide you with your confirmed holiday, we will need to collect and process personal information. For operational reasons, this data is held at various secure locations. When needed, we must pass on certain elements of this data to the companies, organisations or property owners who need them so that your holiday can be provided. For example, SEF – the Portuguese government border control authority requests all passport information for every guest. Others include, transport/excursion companies, banks or from our affiliated companies.
When you provide us with this personal information, you consent to this data being used as described in this clause. We would also like to send you information about our products and services that we think will be of interest to you. We may do this by post, telephone, SMS or email. We are entitled to assume there is no objection to the above mentioned unless emailed to us otherwise at info@acepropman.com.