Terms and Conditions

GENERAL STATEMENT

Welcome to the www.rafaelhouse.com website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

For the purposes of this website, “we”, “us” and “our” all refer Casa Rafael.

The Site reserves the right, to change, modify, add, or remove portions of the Terms and Conditions of Use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

USE OF THE SITE

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: gathering information about our Guest House for personal purpose, gathering prior information regarding our services and making bookings. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

AGE RESTRICTION

Our websites are for use only by persons age 18 or over. Persons under age 18 are not permitted to use our websites unless under the action of legal guardian or your parent.

YOUR AGREEMENT

By using our websites, you agree to comply with these terms. If anything in these terms of use that you do not agree with, or if anything is missing that you consider essential, then you must not use our website.

ACCEPTANCE OF THE TERMS

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services.

OUR RESPONSIBILITIES

We will ensure that our Guest House provides you with maximum comfort during your stay. We will endure we give you the best of service in term of quality and standard.

ARRIVAL

You can check in at Casa Rafael from 3.00 pm. If however your room is not ready you are welcome to collect your keys and leave your luggage. Please let us have your time of arrival so that we are here to welcome you. Your bill for the accommodation and any extras or services taken during your stay is payable on arrival.

DEPARTURE

Please be ready to leave your accommodation by 11.00 am on the day of departure, unless otherwise arranged.

YOUR BOOKING

Your booking is as contracted for the number of nights and people. You are not allowed to have additional people staying in the room over and above the number contracted without prior agreement. Casa Rafael reserves the right to charge the full rate for any such unauthorised stay and/or to terminate the booking

DEPOSIT

A deposit may be required at the time of booking, to be paid by cash or online transfer.

CONFIRMATION OF BOOKING

Your booking will be completed when we acknowledge receipt of your booking request and confirmation. Prior to that the booking will only be regarded as provisional.

PAYMENT

We accept payments by in cash, Mbnet, bank transfer or paypal. Payments in cash on departure accepted. Cheques are not accepted.

CANCELLATION BY YOU

If you cancel more than seven days before arrival you will lose your deposit, but will not be charged for the remainder of your booking. If you cancel seven days or less before arrival, or fail to check in (“no-show”), or leave before your due departure date, we reserve the right to charge you for the full balance due for the whole of your booking, less any costs not incurred by us as a result of your cancellation. In agreeing to our terms and conditions, you authorise us to charge this amount to the credit/debit card used to secure the booking. It is recommended that you take out travel insurance which provides for cancellation cover.

CANCELLATION BY US

In the unlikely event that we are forced to cancel your booking, due to circumstances beyond our control, we will attempt to offer you alternative accommodation. If suitable accommodation is not available (or unacceptable to you) then we will refund all monies already paid by you and confirm that you will not be liable for any further payments to us. In any circumstances where you are entitled to compensation, the limit of our liability to you arising from our breach of contract will be up to a maximum of twice the cost of your booking.

PARKING

We have our own private parking areas in the grounds of the house. There is usually enough space for all however this cannot be guaranteed.

SMOKING POLICY

We are a No Smoking establishment. If we find that guests have been smoking in the room, or anywhere on the premises, then we reserve the right to ask you to leave immediately. You will remain liable for the whole of the cost of your stay. Whether or not you are asked to leave, we also reserve the right to charge a sum equivalent to one night’s stay if we are unable to re-let the room for 24 hours whilst it is fully aired. In agreeing to our terms and conditions, you authorise us to charge this amount to the debit/ credit card used to secure the booking. If evidence of smoking is discovered after you depart, you will be notified of any charges in writing as soon as is reasonably practicable, to be settled by return of post.

GENERAL INCAPACITY

Casa Rafael cannot be held liable if any of the following events or conditions prevents the guest house from fulfilling its obligation to guests. However, the guest house will take necessary steps to minimize disruption and discomfort to guests under these conditions:

Unanticipated interruption to electricity, water, internet services, sewage to and from the guest house;
Industrial actions, civil uprising or criminal activity;
Fire, frost, flooding, wind or any other force majeure event.

Because we have several guests, we ask you to respect each other concerning cleanliness of the common areas and noise level. If we receive complaints, you will be given a warning. Further complaints are subject to the termination of stay. We reserve the right to end a reservation if a guest becomes a disturbance/nuisance to others including management. Please respect the house and its occupants.

ENVIRONMENTAL POLICY

The owners of Rafael House are dedicated to the protection of our planets resources and would encourage our guests to help us by:

Switching off lights and air conditioning when not in use;
Ensuring that taps are always turned off after use;
Avoiding the unnecessary use of towels;

NON-AVAILABILITY

We would only cancel your booking if your accommodation was unavailable for reasons beyond our control. We would attempt to offer you alternative accommodation, however if this was not possible, or unacceptable to you, then we would refund all monies paid by you. Our liability would not extend beyond this refund.

OUR LIABILITY

We do not accept any liability for any damage, loss or injury to any member of your party or any vehicles or possessions, unless proven to be caused by a negligent act by ourselves or our employees or contractors whilst acting in the course of employment.

COMPLAINT

In the event of a complaint, we will investigate and respond in a timely and courteous manner. Where appropriate, we will make immediate amends.

ADDITIONAL GUEST

No persons other than those quoted for and booked are permitted to share the accommodation. In the event that it is possible to accommodate any extra person/s in the same room, an additional charge will become payable. The final decision regarding the accommodation of additional persons in the same room rests entirely with Rafael House management.

GUEST’S LIABILITIES

We reserve the right to charge guests the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the guest to Casa Rafael’s property or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit or debit card, or send an invoice for the amount to the registered address. We will however make every effort to keep any costs that the guest would incur to a minimum.

We reserve the right to charge guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact that the item is missing come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit or debit card, or send an invoice for the amount to the registered address.

We reserve the right to take action against any guest found to have tampered or interfered with any fire detection equipment throughout the Guest House, including detector heads in public areas and bedrooms, break glass points and fire extinguishers. Guests found to have tampered with any fire detection or fire fighting equipment will be charged with any costs incurred by the hotel due to their actions and additionally may be asked to leave the hotel. Should the fact that fire fighting or detection equipment had been tampered with come to light after the guest has departed, we reserve the right to make a charge to the guests credit or debit card, or send an invoice for the amount to the registered address.

PETS

Casa Rafael does not allow pets without prior consultation if you have a registered assistance dog, please inform us prior to booking.

SECURITY

Casa Rafael expects your room and the front door of the property to be closed at all times. We request that all guests follow this safety and security measure. We reserve the right to refuse admission and exclude visitors from our accommodation.

DATA PROTECTION

Casa Rafael retains your contact details as an integral part of the booking process. We are required to retain your registration for a year. We may contact you in the future with a newsletter, but you can opt out at any time. We will not share your information in any other way with any third party.

WEBSITE AVAILABILITY

Our websites will be available only at times we decide. We do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure our websites are available to you at any time.

PROHIBITED USE

You must not misuse our websites by knowingly introducing any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our websites, any server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via attempted overloading of our websites, seeking to cause a denial-of-service to you or others or a distributed denial-of service. In the event of breach, in addition to our other remedies, your permission to use our websites ceases immediately. Your breach of this provision may also be a criminal offense under the Electronic Communications and Transactions and other applicable Law. We reserve the right to report any such breach to relevant law enforcement authorities and to co-operate with authorities by disclosing your identity to them.

MANDATORY INFORMATION

When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish.

ACCURACY OF YOUR INFORMATION

When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide being true, accurate, current and complete.

ERROR CORRECTION

When you carry out any enquiry, booking, order, registration or other process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information. If you think there is an error in your information provided after you submit it, you can contact us to ask that it be corrected or updated.

UPDATING YOUR INFORMATION

If any of your registration information changes, please update your details using functionality provided within our website or contact us.

CHANGES TO OUR WEBSITE CONTENT

We make no representation, warranty or guarantee, whether expressed or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is not valid beyond when it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change website content from time to time, and cease providing any website content (including part, functionality or service of our websites), without notice, and for any reason.

ERROR NOTICE

We do not guarantee that our websites or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you submitted or contract you entered into with us. If a correction affects a booking or order you submitted or contract you entered into with us to your material detriment, we may give you the opportunity to cancel the booking, order or contract rather than accept the change.

THIRD PARTY WEBSITES

If we include a link to a third party website in our website content, the third party website is not our responsibility. You visit any third party website, even if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring or recommending such sites or materials disseminated by or services provided by them. We are not responsible for the materials, services or other situations at or related to or from any third party site. We are not responsible for direct or indirect consequences of your navigating to any other website from our websites. We are not responsible for any purchase you make or other activity you engage in at, or as a result of you visiting or accessing a third party website.

OUR COPYRIGHT

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content is and remains our sole and absolute property. You are granted no right, license or interest in or to our website content or any intellectual property rights, except for the browsing license detailed below, and all other rights are reserved. You are not permitted to screen scrape or otherwise copy or use our website content except for browsing our website as a customer or potential customer under the license below.

USE OF OUR WEBSITES

You agree to use our websites only for lawful purposes connected to the intended purposes of our websites. You must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.

YOUR CONTENT

You shall ensure that anything your post to our website (including text and pictures), whether through community functionality or otherwise: (a) relates solely to us and our products and services; (b) is in accordance with rules and acceptable use policies we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a third party; (j) does not use our site to promote or advertise a business, product, service or other thing; (k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not vulgar, obscene, discourteous or indecent; (m) is not software. We also have the right, but are not obligated, to disclose your identity to any third party or police or government agency who claims that any content posted or uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be investigating any actual or potential violation of intellectual property, privacy or other

CHANGES TO THESE TERMS

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be aware of changes and of the latest version. You should check the top of the document to see the latest version in force. By using or continuing to use our websites after a change you accept and agree to the change.

INDEMNITY

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be interpreted and governed by the laws in force in Portugal. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Portugal and to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Portugal and governed by Portugal law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Portugal and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

SEVERABILITY

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

MISCELLANEOUS PROVISIONS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.

We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.