1. General
1. These general conditions apply to all bookings through Algarve Holidays. If, and as far as for bookings of certain holiday accommodations different conditions apply, these different conditions will prevail.
2. The hirer should be aware that the holiday homes are private property and should in all cases behave accordingly.
3. The rented property is understood to mean the holiday home in question including, if applicable: parking place, garden, swimming pool, tennis court, other buildings including guest house, inventory, tools and all (moveable) goods belonging to the holiday home in question and the premises.
4. The lessee, hirer & tenant is understood to mean the person who enters into the rental agreement. The terms “lessee”, “hirer” and “tenant” shall be taken to mean the person who enters into the hire agreement.
2. Reservation and payment
1. The lessor shall be entitled to amend the specified prices if and when a period of 12 months or more has elapsed between the time when the booking was made and the holiday booked/reserved.
2. The rental agreement shall be concluded as soon as the booking form (via internet) has been received by the lessor (or the booking has been made by telephone) and the booking has been confirmed in writing by the lessor, under the resolutive condition that the owner indicates within 24 hours after receipt of the booking form – for any reason whatsoever – that rental in the period in question is not possible. If and as far as this resolutive condition is invoked by the lessor and the hirer suffers damage, the lessor excludes any liability for this, unless the damage is the result of intent or deliberate recklessness on the part of the lessor.
3. A confirmed booking is final and cannot be revoked. The Distance Selling Act, in particular the cooling-off period of 14 working days given therein, does not apply to journeys made via the Internet. In this law, an exception is made for the tourism sector due to the specific nature of the services provided, following the European Distance Selling Directive, which also provides for an exception for services relating to accommodation, transport, the restaurant business and leisure activities.
4. Reservations run from Saturday to Saturday, unless otherwise stated and agreed.
5. Listed rental prices are due per full week, unless otherwise stated or agreed upon.
6. No later than 14 days after receipt of the confirmation, a deposit of 25% of the full rental price must be received by the lessor from the lessee, unless the lessor and the lessee agree on a different arrangement.
7. The remaining 75% of the rental price must be paid into the bank account of the lessor no later than 8 weeks before the stay, unless the lessor and the tenant agree on a different arrangement.
8. If the booking is made (less than) 8 weeks before the stay, the entire rental price must be paid at once.
9. In case of late payment of the amounts due, the tenant is automatically in default. The landlord will then send a written reminder. If the amount owed is not in the possession of the lessor within 7 days after the date of the reminder, the agreement is deemed to have been cancelled, in which case the lessor is entitled to charge cancellation costs as described in article 5 of these terms and conditions.
10. After full payment of the rental sum, the lessee will receive the travel documents at home or by e-mail approximately 3 weeks before the start of the rental period, with a route description to the holiday home, the name and telephone number of the house manager, the code of the key cabinet (if applicable) to the lessee and further agreements and details.
3. Modification by the tenant
1. If the hirer wishes to amend the concluded hire contract, this requires the explicit written consent of the lessor. Under no circumstances shall alterations be possible from and within the period of 4 weeks prior to arrival. The lessor may charge costs for alterations to a booking already made.
2. If the Hirer changes the booking within 4 weeks before arrival, the cancellation provisions of Article 5 shall apply.
4. Changes by the lessor
1. The lessor shall be entitled to amend the agreement on account of serious circumstances, including circumstances which mean that fulfilment of the agreement cannot reasonably be required of the lessor (e.g. sale of the hired holiday accommodation or because an unforeseen event renders the location unfit for rental), as well as to amend the agreement on account of force majeure. This shall in any case include war, strike, natural disaster, exceptional weather conditions, death of the owner. In such a case, the lessor shall attempt to offer the lessee another location of comparable quality and price without failing to fulfil its obligation. If no other comparable location can be offered, the rental sum already paid will be refunded. The lessor does not accept liability for any other/additional and/or delayed damages, unless the damage is the result of intent and/or deliberate recklessness on the part of the lessor.
5. Cancellation
1. If the Hirer wishes to cancel the agreement, the Lessor will refund some or all of the rental sum, depending on the period within which cancellation takes place. If necessary, the Hirer should make use of his cancellation insurance.
2. The tenant should cancel by email (landlord) and telephone (house manager).
3. Landlord is entitled to cancel the agreement, if the tenant is in default and/or otherwise in the cases described in these general conditions.
4. In case of cancellation before the period of 8 weeks before the start of the stay, the lessee will owe an amount of 50% of the total rental sum.
5. In the event of cancellation within the period of 8 weeks prior to commencement of the stay, the lessee will owe the full rental sum.
6. In case of premature termination of the stay, the full rent will be due.
6. Travel insurance and cancellation insurance
1. The tenant may take out travel insurance and/or cancellation insurance through his own insurance agent.
7. Additional costs
1. Unless stated otherwise, the rental includes the cost of water and electricity, insofar as this does not exceed normal consumption. In the event of long-term rental in the winter period, the electricity consumption will be excluded and these costs will be passed on to the tenant on the basis of actual consumption. Before the start of the rental period, the tenant must pay an advance for electricity consumption, to be agreed upon.
8. Arrival and departure
1. The standard arrival day is Friday after 15.00 hours, unless otherwise agreed with the landlord. The standard day of departure is also Friday before 10.00 hours, unless otherwise agreed with the landlord.
9. Number of persons
1. The agreed maximum number of persons may not be exceeded, unless this has been explicitly agreed with the lessor, in which case the lessor shall be entitled to charge additional costs. If, without the permission of the lessor, more people than agreed are staying overnight, the tenant will automatically be in default of his obligations under the agreement and will be liable for compensation.
2. The lessor and the tenant agree that the damage suffered by the lessor as a result of a breach of the prohibitions set out in section 1 above should be assessed in advance at € 150 per day per person, for the number of persons exceeding the maximum number permitted. This provision is a penalty clause and applies without prejudice to the lessor’s right to demand compliance and/or (additional) damages of any kind.
10. Final cleaning
1. Unless otherwise agreed, the final cleaning is included in the rent. On departure, the tenant must leave the location including any outdoor areas such as garden, (roof) terrace, balcony and kitchen tidy and clean, and deposit towels and bed linen in the hall. Household waste, empty bottles etc. must be deposited in containers along the public highway, failing which the owner or house manager shall be entitled to retain part of the deposit as additional cleaning costs.
11. Security deposit
1. In all cases a deposit must be paid in advance, which will be refunded upon departure within 14 days after deduction of any additional costs or damages caused by the tenant (e.g. cleaning costs, costs for breakage, damage). The amount of the deposit is specified in the rental agreement.
12. Swimming pools (Casa as Videiras, Sol Poente and Praia dos Aveiros).
1. Swimming pools can generally be used throughout the year. At Casa as Videiras & Sol Poente the swimming pool can be heated on request and against payment.
2. Children under the age of 14 may only use the swimming pool under the supervision of an adult and must wear a life jacket. Neither the landlord nor the owner are liable for accidents in swimming pools.
13. Pets
1. Pets are allowed only to a limited extent and in all cases only upon special request.
14. Further
1. Smoking is not permitted in the holiday homes.
2. If there are house rules in the holiday home, the lessee must comply with the provisions of these rules without exception. A copy of the house rules specifically for that holiday home shall be present in the holiday home. The housekeeping rules shall form an integral part of the agreement concluded and the general conditions.
3. Tenant(s) who cause such nuisance or nuisance or who can cause such nuisance or nuisance that a proper stay in the holiday home is severely hampered or may be hampered, may be excluded from (continuing) the stay by the lessor or the house manager, if the lessor cannot reasonably be required to fulfil the agreement. All resulting costs shall be borne by the tenant(s), if and insofar as the consequences of the nuisance or trouble can be attributed to him/her.
15. Indemnification
1. If due to and/or during the stay of the tenant, damage of any nature and extent whatsoever is caused to the holiday home, the tenant is obliged to pay the owner for this damage and any additional damage.
2. If, contrary to what is stated in section 1 of this article, damage is caused to third parties by or during the stay of the hirer in the holiday home, for which damage the lessor is held liable and in which context the lessor is liable to pay compensation, the hirer shall indemnify the lessor against these obligations.
16. Liability
1. The lessor accepts – except in the case of intent or gross negligence on the part of the lessor – no liability for damage (of any kind) suffered by the lessee as a result of and/or connected with his stay in the holiday home.
2. If, for any reason, the lessor is liable to pay compensation, the amount of compensation to be paid shall be limited to the rental sum, unless the damage is the result of an intentional act or omission or gross negligence on the part of the lessor.
3. The lessor shall never accept liability for:
a) photographs, leaflets and other information material to the extent that they have been published under the responsibility of third parties.
b) obvious errors or mistakes on the website or other notifications.
c) The landlord cannot guarantee the functioning of Wifi, internet connection even if it is indicated that it is present in or near a holiday home. The absence or non-functioning of an Internet connection / WiFi cannot be held against landlord.
4. The tenant is pointed out that damage to a holiday home caused during the stay, is attributed to the tenant, unless the contrary is proven. The lessor hereby stipulates that the lessee is obliged to reimburse the owner for all damages caused to the holiday home. The lessee is obliged to have a third-party insurance and to send it to the lessor on request.
5. The landlord shall not be liable for any damage resulting from deviations in the rented property or inconveniences on site, except if these deviations or inconveniences are such that they concern the essentials of the rental agreement, in which case the damage shall be limited to direct damage. Any form of consequential loss is excluded. The liability of the lessor shall furthermore always be limited to the rental sum.
6. Construction activities. The holiday home rented by the lessee is situated in an existing urbanisation, where in principle no construction nuisance can be expected. Landlord accepts no responsibility or liability in case of new initiatives, changed plans and or renovations of surrounding properties nevertheless nuisance for tenant. The landlord also accepts no liability for failures and breakdowns of electricity, gas and water supplies.
17. Interest and collection costs
1. A tenant who has not timely fulfilled a financial obligation to the lessor shall owe interest on the principal sum of 1% for each month or part of a month. Furthermore, he shall be obliged to pay all extrajudicial collection costs, with a minimum of € 50.
18. Complaints
1. Complaints during the stay should be submitted to the lessor or the house manager in writing or in another suitable form within 24 hours at the latest, so that suitable measures can be taken. If the complaint is not satisfactorily answered, the hirer should submit the complaint in writing to the lessor no later than 4 weeks after returning to the country of residence, stating all the relevant details.
2. If the tenant fails to comply with the time limit specified in section 1 of this article, he shall forfeit his right to compensation, insofar as any right to compensation should already exist.
19. Choice of Law
1. All disputes with the rental agency shall be governed by Dutch law. Without prejudice to the provisions of Article 17, disputes may be submitted to the competent court.