1. PURPOSE

The purpose of these general contracting conditions (hereinafter, the "General Conditions") is to regulate the reservation of accommodation and complementary on-line services (hereinafter, the "Services") offered for sale and made available to the public by Validomain, Lda i Wondersquare (hereinafter, the "COMPANY") through the website www.pintahouse.com (hereinafter, the "Website").

The General Conditions complete and develop, to the extent that they do not oppose, the terms and conditions established, if applicable, for each of the Services selected and subsequently detailed in each of the electronic purchase orders in respect of each selected service (hereinafter, "the Purchase Order") executed by the users of the Website (hereinafter, jointly the "Customers", and individually the "Client"), and the terms and conditions established in each of the confirmations of the COMPANY in each Purchase Order (hereinafter, "Purchase Confirmation").

Through the Website it is possible to make reservations for accommodation and complementary services, although the contracting is made through the website amenitiz.io, whose object is the provision of travel services, duly authorised and identified by the COMPANY. Amenitiz.io merely offers the platform on which the User contracts the services, and therefore shall not be liable for any problems arising from the fulfilment of such contracts.

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2. ADHERENCE TO THE GENERAL TERMS AND CONDITIONS

We kindly ask the COMPANY's Clients to read the General Conditions carefully, since the fulfilment and sending of the Purchase Order implies full and unreserved adherence to each and every one of the General Conditions. To this effect, before a Purchase Order can be sent, the Client will be required to accept electronically the General Conditions, as well as, if applicable, the terms and conditions established for each of the selected Services, and the COMPANY's privacy and cookies policy (hereinafter, the "Privacy and Cookies Policy"). Notwithstanding the foregoing, any changes that may be made to the General Terms and Conditions or the Privacy and Cookie Policy after the date of submission of a specific Purchase Order for a Service shall not apply to the Customer.

In the event that the Customer does not agree with the General Terms and Conditions and/or the Privacy and Cookie Policy, the Customer must not contract the Service.

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3. USE OF THE WEBSITE

1. The Customer declares to be of legal age and to have the necessary legal capacity to be bound by this agreement, and to use this Website in accordance with the General Terms and Conditions and the Privacy and Cookies Policy, which he/she fully understands and acknowledges.

2. By accessing the Website, making reservations for accommodation and/or complementary services and, in general, contracting the Service, the Client assumes the following obligations:

- To make use of the Website and use the Service in accordance with the applicable Portuguese legislation in force on the matter.

- Not to place any Purchase Order by persons under 18 years of age.

- Not to infringe the property rights, intellectual and industrial property rights or other rights or legal positions of analogous economic content of the COMPANY, its suppliers or other third parties.

- Not to make any false or fraudulent Purchase Order. In the event that the COMPANY becomes aware that the Customer is placing false or fraudulent orders, the COMPANY reserves the right to cancel the order in question and to inform the relevant authorities.

- To provide truthfully to the COMPANY its e-mail address and other personal and contact data that may be required by the COMPANY, as well as the data related to its credit and/or debit card according to the situation. And, in the event of any changes to these details, to notify the COMPANY by telephone at [+351969216062] or by sending an e-mail to [info@pintahouse.com].

- To make use of the Web Site only to make legally valid enquiries or orders.

3. Through this Website, the COMPANY offers a management service that allows the Customer to purchase the Services selected by the Customer. A purchase and sale on this Platform means that the Customer places a Purchase Order with the COMPANY to purchase the Services, which implies an obligation to pay and must be confirmed by the COMPANY.  

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4. BOOKING PROCESS

The Customer chooses any Service presented on the Website by following the process designed for this purpose.

1. The procedure to be carried out by the Client to contract the COMPANY's Services are, consecutively, the following:

[select date of arrival and departure, select number of people (adults and children), write the name and surname of the holder of the reservation, and select if he/she wishes to contract the breakfast service or any of the proposed activities].

2. All bookings will be considered to have been made on receipt by the Client of the Purchase Confirmation by e-mail.

3. All documents relating to the contracting of the Services (i.e. the different documents that comprise it, such as, among others, the General Conditions, the Privacy and Cookies Policy, the Purchase Order and the Purchase Intake) will be formalised in [Portuguese, Spanish, English, French], depending on the language selected by the Client.

4. The Customer will be able to identify errors in the entry of their data in the Purchase Order once it has been received by email. To correct an error in the introduction of its data once the Purchase Order has been placed, the Client, as soon as it has identified the error, must communicate it to the COMPANY, by e-mail to [info@pintahouse.com].

5. The documentation, data and information relating to each contract will be kept in accordance with the provisions of the COMPANY's Privacy Policy.

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5. PURCHASE ORDERS

Purchase Orders shall only be submitted electronically through the Website by means of the electronic procedures established.

Therefore, the Client must have provided and filled in correctly and completely each and every one of the data requested by the COMPANY as obligatory.

Once the COMPANY has confirmed the Purchase Order, and the payment has been made successfully, the COMPANY will send to the Client the Purchase Confirmation and/or the corresponding invoice to the e-mail address indicated in the Purchase Order.

Therefore, as stated above, the contract of sale of a Service between the Client and the COMPANY will only be concluded once the COMPANY has sent the Purchase Confirmation to the Client and/or the corresponding invoice. Notwithstanding the foregoing, the Client may expressly request the invoice relating to the Purchase Order in question by sending an e-mail to the address [info@pintahouse.com].

However, in the event that at the time of receipt of a Purchase Order there is a problem with the payment during the established period of [5 (five)] calendar days, the COMPANY will inform the Client of this fact by e-mail and the Client may try to carry out the purchase of the Service in question again and under the conditions indicated.

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6. AVAILABILITY

All Purchase Orders are subject to the availability of the Services concerned.

In the event that at the time of receipt of a Purchase Order there is no availability of the Services object of the referred Purchase Order, in accordance with the Portuguese legislation in force regarding commerce and consumer protection, the COMPANY must inform the Client of this circumstance, who has the right to recover the sums paid, at the latest, within thirty (30) days.

1. Prices

The prices related to the booking of Services are indicated before, during, and after the reservation. For accommodation Services, the prices indicated refer to each accommodation and are indicated for the number of people and the selected dates. When confirming the booking of a Service, the total price amount, including taxes, is indicated to the Client in the local currency of the COMPANY, in this case, Euros. If the total price of the booked Services is paid at the establishment in a currency different from the one confirmed during the booking, the currency exchange fees will be borne by the Client. It is worth noting that if the conversion of the currency confirmed during the booking to another currency appears on the Website, this information is provided solely for informational purposes and is not contractual, particularly concerning possible exchange rate fluctuations between the booking date and the dates of stay at the establishment.

Unless otherwise stated on the Website, the price does not include any options (such as breakfast, half-board, full-board, etc.) that were not expressly offered at the time of booking the Service. The accommodation tax, presented during the Service booking process, must be paid directly at the establishment unless online prepayment is made before the stay, in which case this amount could be included in the amount paid. Prices include the applicable VAT on the day of booking, but any change in the applicable VAT rate will be automatically reflected in the price indicated on the billing date. All modifications or new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the price indicated on the billing date. Finally, it should be noted that some promotional offers are only available on the Website and are sold exclusively online, but never at the establishment's reception.

2. Payments

The Client provides their payment information (i) to make a prepayment of the reservation before the stay, (ii) or as a guarantee for the reservation. When using a bank card, its number must be entered without spaces between the digits, as well as its expiration date (it should be noted that the bank card used must be valid at the time of the stay) and the security code, within the framework of a prepayment made through the payment platforms mentioned below. The price will be paid exclusively by credit and/or debit card. The payment will be made through an online payment service to which the Website will redirect once all steps are completed and the Client has selected the "Authorize Payment" option. The credit card payment service will be directly provided by the issuing entity and, if applicable, the corresponding credit institution. The charge on your credit card will occur simultaneously with the sending of the Purchase Confirmation and/or invoice. The COMPANY excludes all liability in relation to breaches by third parties of the confidentiality and security of the information and data provided by the Client during the payment of their electronic purchases by credit card when such breaches are beyond its control, to the extent that the processing of such information and data is not exclusively under the control of the COMPANY.

The Client's payment card is subject to a validity check by these collaborators and may be rejected for various reasons: stolen or blocked card, spending limit reached, data entry error, etc. In case of a problem, the Client must contact, on the one hand, their own bank and, on the other hand, the establishment or another entity, to confirm their Service reservation and payment method. When the amount of a purchase is fraudulently or improperly charged using a payment card number, the cardholder may request the cancellation of the charge provided that the cancellation has been made in accordance with the conditions of the issuing entity and/or the credit institution responsible for the credit card, and, if applicable, the insurance related to the credit card. In this case, the corresponding debit and refund entries to the COMPANY's and the cardholder's accounts will be made as soon as possible. However, if the purchase was indeed made by the cardholder and they improperly requested the cancellation of the corresponding charge, the Client will be liable to compensate the COMPANY for damages and losses resulting from such cancellation. If the payment is made at the establishment, each establishment may accept different payment methods, but in any case, the Client must present the bank card used to guarantee the reservation or make the prepayment. The establishment may also request the Client to present an identification document to prevent the fraudulent use of credit cards.

If the Client has not made the online payment for their stay, the establishment may request the Client, upon arrival, to provide a security deposit or a charge authorization on their bank card to guarantee payment of the amounts corresponding to the services consumed on-site. In case of "no-show" (i.e., the Client has not canceled the reservation but has also not shown up) regarding a reservation of a Service guaranteed by a bank card, the establishment will charge the Client, as a fixed indemnity, the amount of the first night on the bank card provided as a guarantee of the reservation, and the following nights of the reservation, if any, will be canceled without charge, unless otherwise provided in the Particular Conditions. At the time of prepayment, the amount charged when booking the Service will include the total amount of the reservation indicated (including all applicable taxes) and, if applicable, the prices of the options selected by the Client.

8.     CANCELLATION OR MODIFICATION OF A SERVICE CONTRACT For accommodation Services (room reservations in an establishment), the COMPANY's cancellation policy is [according to the reservation date indicated in the reservation conditions]. Likewise, the policy for modifying a Service reservation is [indicated in the reservation conditions]. For the other Services, the COMPANY's cancellation and/or modification policy is [indicated in the reservation conditions]. The Particular Conditions specify the modalities for canceling and/or modifying the reservation.

For an accommodation Service, unless expressly stipulated otherwise in the Particular Conditions, the Client must vacate the room of the establishment before the time indicated by the establishment, which is usually at [11am] hours on the last day of the reservation. Otherwise, an additional night will be charged.

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9  COMMUNICATIONS
All communication between the Client and the COMPANY related to a specific Purchase Order or Service may be conducted by ordinary mail, email, or telephone.
For communications by ordinary mail, email, or telephone, the COMPANY designates the following addresses:
Ordinary mail: [info@pintahouse.com]
Email: [info@pintahouse.com]
Telephone: [+351969216062]
The Client's address for communications will be the one designated in the Purchase Order or the one recorded after the Client has modified such address in accordance with these General Conditions.

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10 LIABILITY

1 Liability
Unless expressly provided otherwise by current Portuguese law, the COMPANY's liability in relation to any Service reserved on the Website will be limited to the purchase price of the said Service.
The COMPANY will not be liable for indirect damages caused to the Client, nor for lost profits.
However, all rights guaranteed by current Portuguese law to consumers are safeguarded.

1 Force majeure
Neither party shall be held responsible to the other in the event of failure to fulfill its obligations due to a case of force majeure. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations and that each party will bear the costs arising therefrom. Force majeure includes those acts or events outside the reasonable control of the COMPANY or the Client. If the case of force majeure lasts more than thirty (30) days from its onset, either party may terminate these General Conditions without any party being entitled to demand any damages, compensation, or interest from the other.
In the event of force majeure or another exceptional event preventing the provision of the Service, specifically making the accommodation Service available to the Client at the establishment, the COMPANY may reserve the right to accommodate the Client, for all or part of their stay, in an establishment of equivalent category, or to provide a Service of the same nature, subject to the prior agreement of the Client.

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11.  PARTIAL INVALIDITY
If any of the clauses of these General Conditions or any provision of the terms and conditions established for each of the selected Services, the COMPANY's Privacy and Cookies Policy, are declared null and void by a final ruling issued by a competent authority, the remaining terms and conditions will remain in force, unaffected by such a declaration of nullity.

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12.  MODIFICATION
These General Conditions may be modified by the COMPANY.
It is the Client's responsibility to read them periodically, as the General Conditions in force at the time of access to the Website or at the time of booking a Service will be the ones that apply.

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13.  GENERAL PROVISIONS
The entry of the required bank details, along with the acceptance of these General Conditions and the Particular Conditions electronically, constitutes an electronic contract between the parties, proving the reservation of the Service between them and the ability to claim the amounts due in compliance with the said reservation. The applicable General Conditions and Particular Conditions express the entirety of the parties' obligations.
In case of conflict between the Particular Conditions and the General Conditions, the Particular Conditions will prevail concerning the obligation in question. In case of conflict between, on the one hand, general conditions of any nature of one type and, on the other hand, these General Conditions, the stipulations of these shall prevail concerning the obligation in question.

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14.  APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Portuguese law and are subject to the exclusive jurisdiction of the Courts of Porto. However, the provisions established in this clause will not affect the rights that the current legislation grants to the Client.

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Last update: August 8, 2024