TERMS AND CONDITIONS
1 INTRODUCTION
These general conditions aim to define the modalities and conditions with which Porto da Ilha Hotel allows its customers to benefit from the set of services, mainly reservation services, available on this Website and described in more detail below.
Before booking any service through the website, the customer declares that (i) he/she is doing so for personal purposes, which do not fall within the scope of commercial, industrial, artisanal, liberal or agricultural activity and (ii) he/she has full legal capacity to commit to these General Conditions.
The customer is invited to carefully read these General Conditions, the prior acceptance of which is mandatory for the reservation of any service offered on the website. It is recommended that all customers save and print these general conditions using the standard features of their browser and computer.
Porto da Ilha Hotel reserves the right to modify or supplement these general conditions at any time, in whole or in part. In this case, the new version of the general conditions will be available on the website with the indicated effective date. Customers are advised to regularly consult the general conditions to be aware of any modifications. In any case, the customer will remain bound by the version of the general conditions in force at the time of booking the service.
2. DESCRIPTION OF SERVICES
2.1 ISLAND PORT SERVICES
Porto da Ilha Hotel offers on its website (i) Hotel room reservation services ("Accommodation Services" - 2.1.1) and (ii) services complementary to said Services ("Complementary Services" - 2.1.2).
Accommodation services and complementary services are hereinafter referred to collectively as "Porto da Ilha Services"
2.1.1 ACCOMMODATION SERVICES
The website allows you to book rooms, exclusively at the Porto da Ilha Hotel.
The essential features, availability dates, price, options offered, payment conditions and specific sales conditions applicable to the selected rate (guarantee policies, cancellation conditions, check-in times, etc.) proposed by Porto da Ilha Hotel are presented during the booking process as described in the paragraph below.
Porto da Ilha Hotel has specific sales conditions applicable according to the selected rate also available on the website (specific conditions) which are brought to the attention of the customer before any reservation through the website. Thus, by way of example, the specific conditions may detail the check-in and check-out times, the guarantee policy, the cancellation period, access to WIFI and the specific conditions applicable to children.
2.1.2 COMPLEMENTARY SERVICES
The website also allows you to book additional services, such as extra breakfast, breakfast served in your apartment, a bottle of sparkling wine upon arrival or upgraded accommodation services. All of these services will be subject to a charge.
2.1.3 THIRD-PARTY SERVICES
Porto da Ilha Hotel signs partner agreements for transportation services, so the customer can book transportation between the Airport and the Hotel on our website, for an extra fee, which must be paid directly to the service provider outsourced by Porto da Ilha Hotel.
3. BOOKING SCHEDULE
The customer chooses any service presented on the website following the script provided for this purpose.
3.1 RESERVATION OF PORTO DA ILHA HOTEL SERVICES
Reservations for Porto da Ilha Hotel Services are made by the customer on the website.
The booking itinerary varies depending on the customer's navigation and request. This itinerary consists of the following steps:
Step 1: Enter search criteria and services.
Step 2: Displaying the results and selecting one of the suggested accommodation services.
Step 3: Display of the details and characteristics of the accommodation service presented: display of the characteristics of the accommodation (stay, room size, TV, minibar, etc.), complimentary services included in the accommodation (e.g. breakfast, WIFI access, etc.), partial price of the reservation (does not include details of applicable taxes) and specific conditions applicable (guarantee policies, cancellation conditions, check-in times, etc.).
Step 4: Service booking summary containing:
the summary of the main characteristics (length of stay, characteristics of the accommodation service and/or complementary services and/or outsourced services), total price of the reservation (which includes the details of applicable fees) and,
(ii) contact information provided by the customer: by logging into an existing account or filling in the mandatory fields (indicated by an asterisk).
Step 5: Finalization of the customer's service reservation through:
(i) information on payment details, both in the case of partial or full payment prior to the stay, or in the case of a request for a guarantee of reservation of accommodation services and
(ii) consultation and acceptance of the general conditions and specific conditions related to the reservation before validation by the customer.
Step 6: inclusion of the reservation of services through Porto da Ilha Hotel.
Step 7: Sending of an email confirming the reservation of the services to the customer, containing a summary of the services booked, the prices, the specific conditions accepted by the customer and the date of the reservation made, as well as the address of the establishment. The reservation is considered complete once the customer receives the confirmation email.
4. PRICE AND PAYMENT
4.1 PRICE
Prices for booking services are informed before, during and after booking.
For accommodation services, the prices shown refer to each room, the number of people and the date selected.
When confirming the reservation of a service, the total price including all taxes is informed to the customer in the commercial currency selected by the customer.
If payment of the total price of the booked service is made at the establishment in a currency other than that confirmed in the reservation, the exchange rates will be borne by the customer. Please note that if a conversion of the currency confirmed in the reservation to another currency is displayed on the website, this information is merely indicative.
The rate for the stay shown when booking the service must be paid directly at the establishment, except in the case of online payment made before the stay in which such amount is included.
Prices take into account the value added tax applicable on the day of booking. Any change in the applicable value added tax rate will automatically be reflected in the standardized price on the billing date.
Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will be automatically reflected in the price indicated on the billing date.
Finally, some promotional offers are available for sale exclusively on the website and are not available at the establishment's reception under any circumstances.
4.2 PAYMENT
The customer communicates their payment details (i) for payment of the reservation before the stay, (ii) as a guarantee of the reservation, indicating directly, in the field provided for this purpose (data entry protected by a secure environment) in the case of a credit card, the credit card number without spaces between the digits, as well as the expiration date (the credit card used must be valid at the time of the stay), the name of the credit card holder (must be the same as the person making the reservation) and the security code.
Credit cards are subject to a validity check and may be declined for a number of reasons: stolen or blocked card, credit limit reached, typing error, cardholder name different from the reservation holder. In the event of a problem, the guest will be contacted by Porto da Ilha Hotel and will have 24 hours to contact their bank or any other entity to confirm new payment details and guarantee the accommodation reservation.
The online payment methods available and mentioned on the website's payment page may include Visa and Mastercard, American Express, Diners, ELO cards and payment via bank deposit (Banco Bradesco). This list may be subject to change.
If paying at the establishment, at check-in, the guest must present the credit card that will guarantee the reservation or make the advance payment. The establishment may also request the presentation of an identification document, to prevent credit card fraud.
If the guest has not paid for the stay online in advance, the establishment may ask the guest, upon arrival, for a security deposit or a debit authorization on the credit card to guarantee payment of the amounts corresponding to the benefits consumed on site.
In the event of a "no-show" in a reservation and accommodation service (i.e., the customer did not cancel the reservation and did not show up) guaranteed by credit card or bank deposit, the establishment will charge the customer, as a fixed compensation amount, the amount of the first night's stay on the credit card provided as guarantee of the reservation. Any additional nights of the reservation will be canceled without incurring charges, unless otherwise indicated in the specific payment and/or cancellation conditions.
5. CANCELLATION OR MODIFICATION OF A SERVICE RESERVATION
For accommodation services (room reservation in an establishment), the customer is reminded that he does not have the right of withdrawal provided for in Article L. 221-18 of the Consumer Code, in accordance with Article L.221-28, paragraph 12 of the Consumer Code, which excludes this right for contracts for the provision of accommodation services that must be provided on a specific date or for a specific period.
For each service reservation, specific conditions specify the methods for canceling and/or modifying the reservation.
Reservations paid in advance cannot be modified and/or cancelled. Deposits (sums paid in advance) will not be refunded under any circumstances. In this case, this will be stated in the specific conditions.
When specific conditions allow:
- the cancellation of a service reservation can be done directly via email ([email protected])
- modification of a service reservation can be made directly via email ([email protected])
In the event of interruption of a service due to the customer's act, the full agreed price will be charged. In the case of a reservation with advance payment of the stay, the refund may be established by mutual agreement.
In an accommodation service, unless expressly stipulated otherwise in the specific conditions, the guest must vacate the room at the establishment before the time indicated by the establishment, generally 12:00 on the last day of the reservation. If the guest leaves after this time, an additional night will be charged.
6. CLIENT COMMITMENTS AND RESPONSIBILITIES
The customer is solely responsible for their choices of services on the website and their suitability to their needs, so that Porto da Ilha Hotel cannot be held responsible in this regard.
The customer is also solely responsible for the information provided when creating their account and/or booking any service. Porto da Ilha Hotel shall not be held liable in the event of incorrect or fraudulent information provided by the customer. Furthermore, the customer is solely responsible for the use of their account and for any booking made, both in their own name and on behalf of third parties, including minors, unless they demonstrate fraudulent use not resulting from any fault or negligence on their part. In this regard, Porto da Ilha Hotel customer service, whose contact details are indicated in paragraph 9, must be immediately notified of any violation or fraudulent use of their email address and/or personal data.
The customer undertakes to use the website and the services offered in compliance with the applicable regulations and these General Conditions. Should the customer breach the general obligations, he/she will be liable for any damages caused by him/her to Porto da Ilha Hotel or third parties. In this way, the customer undertakes to exempt Porto da Ilha Hotel from any possible claims, actions or resources of any nature and to compensate any damages, costs or compensation of any nature and related thereto.
The customer specifically undertakes, when making a definitive reservation for a service, to pay the price and to respect the Specific Conditions and similar conditions. In effect:
- Any irregular, inoperative, incomplete or fraudulent reservation or payment for a reason attributable to the Customer will result in the cancellation of the Service reservation at the Customer's expense, without prejudice to any action that Porto da Ilha Hotel may take against the Customer;
- Any behavior contrary to good customs and public order in the Establishment, as well as disrespect for the Establishment's Internal Regulations, will authorize the Establishment's director and/or any other Service provider to request the Customer to leave the premises without any compensation and/or without any refund if a payment has already been made. In the event that no payment has been made, the Customer must pay the price of the Services consumed before leaving the premises;
- The Customer also agrees that the IT resources made available to him/her by the Establishment (especially the WiFi network) will not, under any circumstances, be used for the purpose of reproducing, representing, making available or communicating to the public works or objects protected by copyright or similar rights, such as texts, images, photographs, musical works, audiovisual works, software and video games, without the authorization of the holders of the rights provided for in books I and II of the intellectual property code when such authorization is mandatory. The Customer is also obliged to comply with the security policy of the Establishment's Internet access provider and to comply with the rules for using the protection measures in force in order to prevent the illicit use of IT resources and to refrain from any act that may undermine the efficiency of such measures.
7. COMMITMENTS AND RESPONSIBILITIES OF PORTO DA ILHA HOTEL
Porto da Ilha Hotel undertakes, within the scope of an obligation of means, to provide access to the Website and the Services proposed in compliance with the General Conditions and to act with diligence and competence, making every effort, within a reasonable limit, to remedy any defect brought to its attention.
Porto da Ilha Hotel may, however, be obliged to temporarily suspend the Website without prior notice, particularly for technical maintenance reasons, without this implying any liability.
The Customer acknowledges and accepts that Porto da Ilha Hotel will not be held responsible for any inconvenience or damages related to the use of the Internet, including, without limitation:
- failure in the transmission and/or reception of any data and/or information via the Internet;
- failure of any receiving equipment or communication lines;
- any defect in the Internet network that prevents the proper functioning of the Website and/or the reservation of Services.
The Site may direct to hypertext links to other websites edited and generated by third parties, in relation to which Porto da Ilha Hotel disclaims any responsibility for the content of these websites and the services offered there.
8. FORCE MAJEURE
Neither party shall be liable to the other in the event of failure to perform its obligations as a result of a case of force majeure. It is expressly agreed that force majeure shall suspend the performance of the respective reciprocal obligations for the parties and that each party shall bear the resulting burden. Cases of force majeure shall be considered as those usually recognized by the case law of the appellate courts. If the case of force majeure lasts more than 30 (thirty) days from its occurrence, these General Conditions may be terminated by either party without either party being able to claim damages and interest against the other.
In the event of force majeure or another exceptional event that prevents the provision of the Service and, in particular, entry into the room of the Establishment reserved for the Customer, the Establishment may make use of the possibility of hosting, in whole or in part, the Customer in an Establishment of an equivalent category or providing a Service of the same nature, provided that there is a prior agreement with the Customer.
9. CUSTOMER SERVICE AND COMPLAINTS
For any complaint relating to a reservation of a Service on the Site, customer service is at your disposal.
Correspondence address:
Reservations Customer Service
Dom Jaime Câmara Street 84 - Downtown - Florianopolis - SC - Brazil
Telephone: 55 48 3229 3000
Email: [email protected]
To facilitate the processing of complaints, it is recommended to forward complaints to customer service regarding non-performance or poor performance of the Services in writing within 8 (eight) days after the date of performance of the Service.
11. MISCELLANEOUS
The insertion of the necessary banking information, as well as the acceptance of these General Conditions and the Specific Conditions by electronic means, constitutes an electronic contract between the parties that proves between the parties the reservation of the Service and the enforceability of the amounts due in the execution of such reservation.
The General Conditions and the applicable Specific Conditions express the entirety of the obligations of the parties. No other condition communicated by the Customer may be incorporated.
In the event of any contradiction between the Specific Conditions and the General Conditions, the Specific Conditions shall be the only ones applicable to the obligation in question.
If one or more provisions of the General Conditions are considered invalid or declared as such as a result of a law, a rule or following a final decision of a competent jurisdiction, the remaining provisions will remain valid and in force.
The original language is Portuguese. If the General Conditions are translated into another language, the Portuguese language will prevail over any other translation in the event of dispute, litigation, difficulty in interpreting or executing these conditions and, more broadly, over the relations existing between the parties.
The Customer acknowledges and accepts that Porto da Ilha Hotel may assign these General Conditions, as well as the set of rights and obligations linked to them, to any third party, without the prior written consent of the Customer. The Customer accepts that such assignment releases Porto da Ilha Hotel in the future. The Customer may not assign the General Conditions, nor the rights and obligations linked to them, to third parties without the prior written consent of Porto da Ilha Hotel.
12. APPLICABLE LAW AND RULES FOR DISPUTES
The General Conditions are governed by Brazilian law, without prejudice to any mandatory protection provisions that may be applicable in the country of residence of consumers.
The Customer is informed by Porto da Ilha Hotel of the possibility of resorting, in the event of a dispute related to these General Conditions, to a conventional mediation procedure or any other alternative method to resolve differences, within the conditions provided for in Title I of Book VI of the Consumer Code.
Data Protection Policies
The Personal Data Protection Policy of Porto da Ilha Hotel aims, among others, to provide transparency to data subjects and respect for the privacy and protection of their data.
We strive for a culture of security and respect for the processing of personal data and to ensure that all of our firm's activities comply with the General Data Protection Law.
In accordance with article 9 of the LGPD, Porto da Ilha Hotel informs that the holder of personal data has the right to obtain, in relation to the holder's data, at any time and upon request by email ([email protected]):
a) confirmation of the existence of treatment;
b) access to data;
c) correction of incomplete, inaccurate or outdated data;
d) anonymization, blocking or deletion of unnecessary, excessive data or data processed in disagreement with the LGPD;
e) portability of data to another service or product provider, upon express request, in accordance with the regulations of the federal agency, observing commercial and industrial secrets;
f) deletion of personal data processed with the consent of the holder, except in the cases provided for in art. 16 of the LGPD;
g) information from public and private entities with which the Controller shared data;
h) information about the possibility of not providing consent and the consequences of refusal; and
i) revocation of consent.
We also inform that all clients who have already had their processes finalized (final judgment) will have the option to delete any and all information contained in our database.
Furthermore, we highlight that our transparency system is in compliance with the General Data Protection Law and all information entered is essential to better defend the client's interests.
To this end, if any holder is interested in exercising any of the rights listed above, please contact our manager directly:
John Vincent Gomes
Position: Partner
E-mail: [email protected] (please add in the title: “LGPD – DATA SUBJECT RIGHT”)
Telephone: 55 (48) 3229 3000