General conditions

www.distinctiveportugal.com is a trading name owned by Distinctive Portugal Agência de Viagens e Turismo LDA. The following Booking Terms & Conditions together with the information contained on our website, Useful Information/House Rules, Privacy Policy, and any other written information brought to your attention before we confirm your booking, form the basis of your contract with Distinctive Portugal Lda (“we” or “us”). Make sure you read them carefully as they set out your respective rights and obligations. In these Booking Terms & Conditions references to “you”, “your”, “client” and “party leader” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

 

1- Your Booking Contract

When you make a booking with us, you pledge that you have the authority to agree to the terms set out in these booking conditions, both individually and on behalf of your party. You must be at least 21 years of age to make a booking with us and authorised to make the booking on the basis of these booking conditions by all persons in the party - checked in online -, including those substituted or added by an agreed amendment of the booking.

 

A binding contract is effective when:

1. a 25% non-refundable deposit has been paid by you and a formal confirmation of booking has been sent to you by us.
2. full payment of the cost of your booking has been made (for bookings made 8 weeks or less prior to the arrival date) and a formal confirmation of booking has been sent to you by us.

 

The booking confirmation with the details of your booking will be sent to you by email. Please note we accept no liability for any item/arrangement not confirmed by us in writing and sent to you by email.

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 may arise between us out of or in connection with your contract or booking, will be dealt with by the Courts of Portugal.

All payments must be made in Euros.

All prices include VAT.

 

2- Your Booking Price

Included in the booking price:

• Rental of the accommodation for the booked period;
• Standard change of towels and linen and mid-stay cleaning for stays longer than 10 nights;
• Costs of normal usage of water, electricity, internet, gas;
• Swimming pool and garden maintenance;
• Internet access;
• 1 Cot and 1 High chair;
• Air conditioning (when applicable);
• Pool towels (when applicable).

Not included in the booking price however may be available with payable supplement:

• Central heating for winter rentals (when applicable);
• Pool heating (when applicable);
• 2 or more Cots (0 – 2 years old);
• 2 or more High chairs (0 – 2 years old);
• Extra bed (when applicable);
• Airport Transfers (consult us for a quote);
• Maid or laundry service (consult us for a quote);
• Chef (consult us for a quote);
• Personal trainer (consult us for a quote);
• Welcome hamper / Fridge-stocking (consult us for a quote);
• Masseuse (consult us for a quote);
• Babysitter (consult us for a quote);
• Bike rentals (consult us for a quote);
• Tours (consult us for a quote).

We reserve the right to amend the price of unsold accommodation at any time and to correct errors in the prices of confirmed bookings. Government action such as increases in VAT or any other Government imposed increases will result in surcharges being added to your final holiday cost.

Tourist Tax: Depending on the municipality, at the date of your reservation, you may be subject to the payment of a tourist tax, eg. € 1.50 per night/per person (children under 16 years of age do not pay).

 

3- Booking Conditions

• A non-refundable deposit of 25% of the total rental cost of the property is required within 48 hours in order to secure the rental. When the deposit is received by us, a confirmation that the requested period has been reserved will be sent to you. We recommend booking your flights after receiving our confirmation. The balance of the rental is payable not less than eight weeks prior to arrival. For bookings made less than eight weeks prior to arrival, full payment is required. If all payments due are not paid in full and on time, Distinctive Portugal Lda. reserves the right to cancel the booking and retain any deposits received.
• The minimum stay:

• April – October: minimum of 5 nights. Exception July and August: minimum of 7 nights or more. In some cases, only multiples of 7 (7, 14, 21 days) are accepted.
• November – March: on request.
• The number of persons per villa, on the arrival day, cannot exceed the capacity of the villa, or the number of persons booked and paid for.
• Check-in is between 4:00 pm and 7:00 pm and check-out is by 10:00 am. Please note that check-in and check-out times must be advised in due course as the accommodations do not have a reception.
• We reserve the right to charge a Late Arrival Fee of 50€.
• Early check-ins or late check-outs may be permitted, at no additional cost, subject to availability and prior agreement. Also, luggage storage may be available, however prior arrangement must be made.
• Some information will be requested before your arrival: you will receive an email with a link to the online check-in. This form must be completely filled in for/by all party members, due to legal requirements.
• No pets are allowed in our properties.
• No parties or events are allowed in our properties.
• No Single sex parties and parties under 21 are allowed in any of the villas.
• No smoking is allowed in the accommodation.

4- Security Deposit

• A security deposit of 450 Euros will be required at your check-in. It can be paid in cash on arrival to the keyholder or held on your credit card. This deposit is against any breakage and damages to the property, furniture, crockery, etc. or additional costs such as extra cleaning. THE KEYHOLDER CAN REFUSE ACCESS TO THE PROPERTY IF THE SECURITY DEPOSIT IS NOT MADE. The security deposit will normally be returned to you on departure, unless the villa has been left in an unsatisfactory condition.
• The client undertakes to keep the premises and all furniture, fixtures and fittings in or on the premises in the same state of repair and condition as they were at the commencement of the rental (reasonable wear and tear expected) and shall pay to us the value of any part of the premises, furniture, fixtures and fittings destroyed or damaged as to be incapable of being restored to its former condition. In the unfortunate event of breakage or damage having occurred during the occupancy, these should be notified immediately to us and arrangements made to reimburse us should be made directly. 
• We will not be held accountable for personal objects missing or stolen, during the stay. Also, all objects belonging to the property are the client’s responsibility. In case of missing or broken objects, the client can be responsible and Distinctive Portugal have the right to charge the total amount of the items using the security deposit or, if the amount is higher than that, the client will be requested to pay the missing amount.

 

5- Duties of the Client

• The client is responsible for the property during the rental period and expected to take all reasonable care of it and leave the property in the condition they found it with the exception of making the beds which is our responsibility. The client is expected to keep noise to reasonable levels. Any time involved with liaising with neighbours or local police concerning unreasonable noise will be charged to the client. 
• In the event that you or any member of your party behaves in a way that causes distress, annoyance or injury to others, damage to property or does not respect or conform to local laws and customs, we reserve the right to terminate your holiday forthwith. In such an event, we will have no liability or financial responsibility for you, and you will have to meet any costs or expenses incurred as well as face any legal consequences, as a result of your behaviour.
• Please note that any and all behaviour resulting in damages in or to the property with malicious intent or deliberate negligence is considered an act of vandalism, punishable by local law and persuadable with legal action. Also resulting in the termination of your holiday rental plus all costs related to damages resulting from such act will be charged locally.

 

6- Your Accommodation

• The accommodation has a maximum occupancy capacity.
• Generally, the capacity is calculated by number of bedrooms times two (ex.: V2 = 4 Persons; V3 = 6 Persons; V4 = 8 Persons; V5 = 10 Persons).
• Your accommodation is exclusively reserved for the people named in the booking and no other persons are permitted to stay at the accommodation unless this has been agreed with us in writing, and the additional charge payment has been made (if applicable). Unauthorised guests will be asked to vacate the accommodation.
• You should, on departure, leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning is necessary, a charge will be made locally or an invoice will be issued to you. The charge may be deducted from your security deposit.

 

7- Transfer of bookings

If any member of your party is, for any reason, prevented from travelling, the party leader may transfer their place to someone else (provided they meet all the conditions applicable to the holiday booked). We require notification of these changes prior to your arrival date.

 

8- If you change your booking

If you wish to change your travel arrangements in any way, once your booking has been confirmed (for example your chosen departure date or accommodation) we will do our utmost to accommodate these changes, however, it may not always be possible. Any requested changes may be subject to additional costs. The exact amount of that cost will be notified to you before you choose to proceed with any changes.

If we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. Please refer to the applicable cancellation terms.

 

9- If you cancel your booking

If the client wishes to cancel the rental, this must be done by email. Cancellations will become effective from the date this email is received and the cancellation is accepted by us. If the cancellation notice is received 57 days or more prior to arrival only the 25% deposit will be kept by us. Within that period the following percentages of the rental price will be payable as cancellation fee by the client:

 

 From the booking date until 57 days before check-in: 25% of the total rent

From 56 days before check-in until 43 days before check-in: 50% of the total rent

From 42 days before check-in until 29 days before check-in: 75% of the total rent

From 28 days before, until the check-in: 100% of the total rent

No-show: 100% of the total amount

 

Nevertheless, any monies in excess being held by us must be returned to the client within 30 days of the notice of cancellation notwithstanding the fact that the client's insurance policy may cover it. Cancellation due to most reasons genuinely beyond your control (except disinclination to travel or financial reasons) is usually covered by a travel insurance policy. For your information, it is strongly advised that all clients take out travel insurance.

 

Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company.

 

10- Travel Insurance 

We strongly advise you to purchase travel insurance. This should cover the costs incurred through the inability to travel through illness or death of yourself or close relative, repatriation in the event of illness and also other benefits. It is a requirement that the costs arising from these conditions and the costs of repatriation are covered by the insurance - please read your policy carefully as it is the hirer's responsibility to ensure that the insurance is adequate for your particular needs. In the event of cancellation by the hirer, the deposit and any balance paid may be forfeited. If you choose to travel without adequate insurance cover, we will not be liable for any accidents or losses howsoever arising, in respect of which insurance cover, would otherwise have been available.

 

11- If we change or cancel your booking

Both the owner and ourselves will endeavour our best to provide the accommodation booked by the client. In the unlikely event that we have to cancel or make any major changes to your booking arrangements, we will attempt to give you as much notice as possible. However, we reserve the right to cancel, modify or alter the accommodation in exceptional circumstances. Such events may include, but are not limited to, natural disaster, fire, accident, revolution, threat of war, quarantine, epidemies, terrorist activities or any other occurrence renders the property uninhabitable or incapable of providing the facilities or services which were offered. In such an event, a comparable substitute property will be offered or a full and immediate refund of all monies paid will be given to you.

Should we have to make minor changes and correct errors on our website and other details, both before and after bookings have been confirmed, we will do our best to notify you before you travel. You may then:

• accept the changed arrangements;
• take an alternative holiday accommodation subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you) will be refunded. If the alternative is more expensive you will have to pay the difference;
• cancel your booking entirely, in which case we will refund you all monies paid to us.

Please note: Major changes include a change of resort; change of accommodation to that of a lower category. Take notice that an accommodation change in itself in certain circumstances does not constitute a major change.

 

12- Special requests

You must advise us at the time of booking of any special requests. Although we will do our best to accommodate our client’s requests, we regret that we cannot guarantee they will always be met. Failure to meet any special request will not be a breach of contract on our part.

 

13- Disability and medical problems

If you or any member of your party, have a medical condition or disability which may affect your holiday, please advise us beforehand, so that we may check if the booking arrangements are suitable. In any event, full disability or medical condition details must be sent in writing at the time of booking.

 

14- Transportation

Car hire is highly recommended.

When staying at one of our properties, if you are travelling in an electric vehicle, there will be a cost of 5€ + VAT per day (per car by default) to cover usage and consumption. We appreciate your understanding.

 

15- Local activities, facilities, and excursions

Some facilities, activities, and excursions could involve an element of risk. These activities, facilities, and excursions are neither run nor controlled by us. If you wish to participate, purchase or make use of any optional activities, the contract for the provision of that activity, facility or excursion will be between you and that provider. Usually, these locally paid-for activities, facilities, and excursions, will be subject to local law and jurisdiction.

The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract.

 

16- Our Liability

Distinctive Portugal Lda, do not own any rental accommodations. As agents for the owners of the properties, we cannot accept liability for the breakdown of any mechanical or electric equipment or for blockage of any part of a properties drainage system. We in conjunction with the owner will however endeavour to arrange a prompt repair, when possible, by reputable local contractors at the owner's expense. Neither we nor the owner can accept liability for any damage, loss or expense if the client or any member of his party suffers illness, personal injury or death during the period of their holiday as a result of an activity which does not form part of the holiday arrangements. Nevertheless, we will provide you with all reasonable assistance. The use of the accommodation and its amenities such as swimming pools, etc, is entirely at the client’s risk. No responsibility can be accepted for death or injury to the client or damage of the belongings of the client, or to any member of the client's party or their belongings. Children should be supervised at all times as there are always risks.

 

17- Force Majeure

We cannot accept liability or pay any compensation where we are prevented from fulfilling our contractual obligations as a result of force majeure. Force majeure means any event that we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include but are not limited to, war or threat of war, riot, civil strife, actual or threatened terrorist activity, epidemics and pandemics, industrial dispute, natural disasters, adverse weather conditions, fire and all similar events outside our control.

 

18- If you have a complaint

In the unlikely event, you should have a problem during your holiday, you must notify us immediately via email, telephone or text message, so that we are able to rectify the reported issue. Once we are notified of the problem, we will investigate it immediately and will inform you of the time allowance required to rectify it.

We will not accept any complaints made after your departure, as it deprives us of the opportunity to investigate and rectify them in a timely manner. Failure to report your complaint locally will affect your rights under this contract.

Claims for compensation will only be considered where it is proven that any reported problem had a prolonged or major impact on the enjoyment of the holiday booked. Our liability in all cases shall be limited to the cost of your travel arrangements.

Nonetheless disputes arising out of or in connection with these booking conditions which cannot be amicably resolved are subject to the Portuguese law.

 

19- Accuracy

Whilst reasonable care is taken to ensure that the information contained on our website is accurate, we cannot guarantee its accuracy at all times, as errors and omissions may occur.

 

20- Passports and Visas  

For citizens not travelling on a passport issued by a member of the European Union it is possible that a visa is required. It is the responsibility of the party leader to confirm that all members of the party have valid passports and, where necessary, valid entry visa.

 

21- Tourist Tax

• Many of our municipalities charge a "tourist tax" which applies to all holidaymakers and we try to advertise this wherever possible and to the best of our knowledge. However, these charges depend entirely on the local authorities and therefore may be introduced without our prior knowledge and are subject to changes beyond our control. Please note the tourist tax will be in addition to the advertised rental prices. If you require further information regarding the tourist taxes applicable to your booking, please enquire.

 

 

22- Other matters

• All the properties represented by Distinctive Portugal Lda. are maintained by staff who have access to the accommodation. We ask you for your co-operation when the staff visit the property, as it is imperative to keep the accommodation well maintained for you and our future client enjoyment. Swimming pools are usually available from 1 April to 15 October. Outside these dates it may be possible to use the pool however this must be requested at the time of booking. Pools will not be heated unless this is stated in the property information and paid as a supplement. As some pools are irregular in shape, the measurements have been taken at the longest and widest points.
• All information on our website or other promotional media form part of these booking conditions, including any minimum age of people who can be accommodated and any other conditions stipulated in the property descriptions. Facilities are as agreed with property owners and are offered in good faith. No responsibility can be accepted for the climate, the natural or built environment, local conditions, traditions or practices, interruption to or breakdown of any public service and any consequential effect thereof. All distances and measurements are approximate.