General Booking Conditions
1. Scope
1.1 These general conditions ("General Conditions") govern and form an integral part of the contract for the provision of services entered into via the website www.viseuryokan.com ("Site") between Ryokan Portugal, Lda., hereinafter referred to as Viseu Ryokan, and the client who signs the contract ("Client"), the purpose of which is to provide tourist accommodation booking services ("Accommodation") and the respective tourist services provided by Viseu Ryokan ("Contract").
1.2 The conclusion of the Contract, which takes place after confirmation of the purchase through the Website, is made under the terms of these General Conditions, the knowledge and acceptance of which by the Customer is manifested by validating the tick box for this purpose on the purchase form, the Customer also being aware of and accepting the Terms and Conditions of the Website and its Privacy Policy.
2. Bookings
2.1 When making a booking, the Customer must fill in the form correctly, indicating the dates of arrival and departure and the applicable rate, always subject to confirmation of availability by Viseu Ryokan, as well as their personal details and payment information, taking full responsibility for the choices made and the information provided, which must be complete, true and up-to-date.
2.2 Upon confirmation of the booking details by the Customer, a booking code is assigned to the Customer, which must be referred to in all contacts with Viseu Ryokan, and the Customer acquires the right to the services contracted from Viseu Ryokan, under the terms and conditions described in the respective proof of booking and in the Contract, after payment in accordance with section 8.
2.3 When you have only booked Accommodation, you are fully responsible for obtaining and/or contracting means of transport to enable you to enjoy the contracted services, without prejudice to the fact that you may contract this service from Viseu Ryokan independently (if available and provided that Viseu Ryokan accepts it).
2.4 Likewise, the Customer assumes full responsibility for possessing and/or obtaining the necessary documents (such as identification documents, authorisations, visas and vaccination certificates) for entry into the country and/or locality where the Accommodation is located or where it makes a stopover during the trip purchased, and must inform themselves in good time about this when they have only booked Accommodation. Viseu Ryokan assumes no responsibility for refusing to grant visas or entry permits to the Client in Portugal, in which case the provisions of section 9 will apply.
2.5 Due to the special schemes and rates available for children, which vary, among other factors, depending on their age, the service provider and the dates of the trip, Viseu Ryokan advises the Customer to check with the service provider before making the booking.
2.6 No refunds are due for goods and/or services which, although made available to the Customer, the Customer chooses not to enjoy or use.
3. Vouchers, benefits, promotions and discounts
3.1 For the purposes of the Contract, "Voucher" means a ticket (physical or digital) or a code that gives access to a set of products or services. Viseu Ryokan "Vouchers" may include at least two of the following services: accommodation, catering, services in the accommodation, products, transport or other tourist services such as excursions, tours, visits or other leisure activities.
3.2 Depending on the agreements entered into by Viseu Ryokan with third parties ("Partners") and which are in force on the date the Customer makes the reservation, the Customer may have access to discounts and special rates ("Benefits") when making a reservation, provided that he/she is fully authorised by the Partner to obtain the Benefits and correctly enters his/her identification number. Viseu Ryokan reserves the right to contact the Partner to obtain confirmation as to the applicability of the Benefits to a Customer.
3.3 In addition to the provisions of clauses 3.1 and 3.2, Viseu Ryokan may run certain promotions ("Promotions") and discounts ("Discounts") on bookings made by Customers on the Site, whether or not they are limited in time.
3.4 The following conditions apply to Vouchers, Benefits, Promotions and Discounts:
i) In order to benefit from certain Promotions and/or Discounts, the Customer may be required to enter a promotional code ("Promotional Code") or pay for the booking in advance;
ii) Vouchers, benefits, promotions and discounts are subject to confirmation of availability;
iii) Viseu Ryokan reserves the right to cancel Vouchers, Benefits, Promotions and/or Discounts or to reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial value or when they are used fraudulently (namely by someone other than the holder/beneficiary);
iv) Vouchers, Benefits, Promotions and Discounts are only valid for bookings made through the Website and are not transferable to third parties;
v) In the event of cancellation or non-use of a booking made under the terms of a Voucher, Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be refunded to you, nor will its reapplication to another booking be guaranteed;
vi) If the Customer changes the characteristics and/or ownership of a booking made under the scope of a Voucher, Benefit, Promotion or Discount, the Customer may lose the benefit/relief granted by the booking, and the provisions of section 9 shall apply in the event of cancellation;
vii) The use of fraudulent mechanisms to obtain Vouchers, Benefits, Promotions or Discounts makes the Customer liable in general terms and gives Viseu Ryokan the right to choose between (a) the application of the rate without discount and (b) the termination of the Contract, such termination being equivalent, in terms of the consequences arising therefrom, to the termination of the Contract by the Customer under the terms of clause 9.1, without prejudice to the right of Viseu Ryokan to be compensated for all damages suffered;
viii) Viseu Ryokan reserves the right to cancel and/or change Vouchers, Benefits, Promotions and Discounts at any time.
4. Taxes
Unless explicitly stated otherwise, the price of the reservation, service or product includes taxes legally due (namely Value Added Tax), which will be charged by Viseu Ryokan to the Client together with the reservation at the legal rate in force, depending on the services contracted.
5. Fees
5.1. Reservations, changes to reservations and cancellations may be subject to fees charged by Viseu Ryokan to the Customer, calculated according to the type of reservation, the date of the reservation (or the respective change or cancellation) and the applicable rate, to be disclosed at the time the reservation is made by the Customer. In addition, Viseu Ryokan may charge the Customer additional fees for changes to reservations or cancellations, if these are required by Viseu Ryokan or other service providers.
5.2 Fees are due for each booking made, in return for Viseu Ryokan making its online booking services available to the Customer, and are debited when the Customer pays for the booking.
5.3 The fees owed by the Customer to Viseu Ryokan in connection with a reservation are non-refundable if the Customer does not use or enjoy the goods and/or services contracted, as well as for any other reason not attributable to Viseu Ryokan, unless the Customer cancels the reservation under the terms (including the deadline) described in the General Conditions.
6. Changes
6.1 The Customer may make changes to Voucher or Accommodation bookings under the following terms and conditions:
i) Ownership. The Customer may assign the reservation, provided that they inform Viseu Ryokan in writing at least 7 days prior to the date of entry into the Accommodation. The assignor and the assignee are jointly and severally liable for the payment of the price and additional charges arising from the assignment;
ii) Other changes. Any other changes to bookings, other than those referred to in the previous paragraph, require the express agreement of Viseu Ryokan and may imply changes to the price and/or be subject to the payment of fees, calculated according to the type of booking, the date of the change and the applicable rate.
7. Accommodation
7.1 The characteristics of the Accommodation are those set out in the booking. However, since the photographs of the unit were not taken on the day the Customer made the reservation, there may be non-substantial differences between the photograph and the reality on the date of enjoyment of the services contracted by the Customer, which do not entitle the Customer to any modification of the Contract.
7.2 The prices shown are per room, but may be shown per person or according to other characteristics, which in any case will be duly indicated on the website when making a booking. If it is possible to make a reservation for more people than the normal capacity of the Accommodation, an extra bed may have to be placed, which may not have the same comfort and quality as the other beds in the Accommodation, reducing its useful area, as well as children's beds.
7.3 The diet and its specifics are communicated to the Customer via the Website when making a reservation.
7.4 If nothing is mentioned in the booking, the diet does not include any meals.
7.5 In the event that the Client arrives with more people than those indicated in the booking to use the Accommodation, Viseu Ryokan may refuse entry, for which it cannot be held responsible.
7.6 As a rule, the Accommodation can be used from 4pm on the day of arrival and must be vacated before 11am on the day of departure (in both cases, local time). Staying in the Accommodation beyond the departure time may lead to the payment of additional amounts, which are the sole responsibility of the Client.
7.7 If the Client does not show up at the accommodation by 23:59 on the date of entry indicated on the booking voucher, Viseu Ryokan may disregard the booking and sell the Accommodation to a third party, for which it cannot be held responsible.
7.8 The Client must comply with the internal regulations for the use of the accommodation, and Viseu Ryokan cannot be held responsible for any losses suffered by the Client as a result of violating them.
8. Payment
8.1. The Customer must pay the amount indicated on the booking or purchase form as a prerequisite for being able to take advantage of the booking or contracted services.
8.2 Payment for the booking or purchase is made by the Customer on the Website on the date the booking is made.
8.3 Payment must be made by credit card held by you, within the list of issuers with which Viseu Ryokan collaborates and which is made available on the booking form, and payment is accepted by Viseu Ryokan within the limits authorised by the issuers.
8.4 The credit card information entered by the Customer is protected by Talk Guest's security systems, under the terms of the Viseu Ryokan Privacy Policy.
9. Cancellation
9.1 The Customer may withdraw from the reservation and terminate the Contract, provided that he/she notifies Viseu Ryokan no later than 24 hours before the check-in date indicated on the proof of reservation, in which case he/she is entitled to a refund of the amounts paid for the reservation made.
9.2 In the event of cancellation of the stay on the day of arrival, Viseu Ryokan reserves the right to charge the first night, except in cases where other conditions have been agreed.
9.3 In the event of a no-show, Viseu Ryokan will charge the first night of the stay.
10. Impossibility of fulfilment
When, for reasons beyond its control, Viseu Ryokan is unable to fulfil its obligations under the Contract, it must immediately notify the Customer of this impossibility. If the impossibility concerns any essential obligation, the Customer may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any price variation. The Customer must inform Viseu Ryokan of their decision within 4 working days of receiving Viseu Ryokan's notification, and if they do not say anything, it will be understood that they agree to the change.
11. Complaints
11.1 Any deficiency in the performance of the Contract in relation to the services provided by third party service providers must be communicated to Viseu Ryokan in writing within a maximum period of 20 working days after the end of the services contracted by the Customer.
11.2 In order for a complaint to be analysed by Viseu Ryokan, it must have been previously reported by the Customer during the course of the stay, requiring the respective documents proving the occurrence.
11.3 In the event of a claim for non-compliance with the services contracted from Viseu Ryokan, the Customer may call in the security deposit provided for in the applicable legislation (provided that the claim is based on non-compliance with duties whose fulfilment is guaranteed by the said security deposit), and for this purpose must request Turismo de Portugal, I. P., to call in the guaranteeing entity, presenting:
i) A final court judgement stating the amount of the debt that is due, certain and net;
ii) Arbitration award;
iii) An application requesting the intervention of the arbitration commission, under the terms of the applicable legislation, accompanied by evidence of the alleged facts.
12. Liability
12.1 Viseu Ryokan is liable to Customers under the terms of the law, unless:
i) Non-fulfilment is not the result of overbooking and is due to force majeure or unforeseeable circumstances beyond the control of Viseu Ryokan, the consequences of which could not have been avoided despite all due diligence;
ii) It is demonstrated that the default is due to the Customer's own conduct or to the unforeseeable action of a third party unrelated to the provision of the services due under the Contract;
iii) It is legally unable to exercise its right of recourse against third-party providers of the services provided for in the Contract, under the terms of the applicable legislation;
iv) Viseu Ryokan cannot be held responsible for the deterioration, destruction or removal of luggage or other items.
12.2 Viseu Ryokan is responsible for the correct issue of Accommodation Tickets and also for the faulty choice of service providers, unless they are suggested by the Client.
12.3 Whenever Viseu Ryokan is limited to acting as a mere intermediary in the booking of individual services requested by the Customer, Viseu Ryokan's liability to the Customer is limited to that arising from the breach of the obligation to correctly issue Accommodation and, where applicable, Transport tickets. In addition, Viseu Ryokan's liability is limited to the correct issue of Accommodation and Transport tickets and also for the culpable choice of service providers, if they have not been suggested by the Customer.
12.4 To the extent permitted by applicable law, Viseu Ryokan is not liable for damages that may arise from any unforeseen circumstances or circumstances that are beyond its control, including, expressly and by way of example: network delays or blockages, interference, interruptions, viruses, malfunctions and/or disconnections in the operation of the Website or in the Customer's computer devices and equipment, or any other anomalous operation of the reservation service due to causes beyond its control that prevent the reservation or purchase from being made.
12.5 The Customer shall be liable to Viseu Ryokan under the terms of the law.
13. Personal data
When filling in the booking form, the Customer will be asked for certain data that can identify them ("Personal Data"), which will be collected and processed in strict compliance with the law and in accordance with the provisions of the Website's Privacy Policy.
14. Contact
All communications or notifications within the scope of the Contract must be made using the information provided by the Customer through the online form. Any changes to the Customer's data, as well as any communication or notification addressed by the Customer to Viseu Ryokan, must be made to the e-mail address geral@viseuryokan.com.
15. General provisions
15.1 The General Conditions are applicable only to bookings made through the Website, and are a complement to any specific conditions agreed in writing between the Customer and Viseu Ryokan regarding the subject matter of the Contract or referred to in a specific area of the Website for a particular product or service, including the proof of booking ("Specific Conditions"), which are also an integral part of the Contract.
15.2. The provisions of the Special Conditions shall, in the event of conflict, prevail over the General Conditions, and any additional written stipulations specially agreed between the Client and Viseu Ryokan and signed by both, which form part of the Contract, shall prevail over both.
15.3 Once the Contract has been signed, it can only be amended in writing, by a document signed by the Client and Viseu Ryokan, which becomes an integral part of the Contract.
15.4 The provisions of these General Conditions may be amended at any time by Viseu Ryokan for future legal relations, without prior notice. Therefore, whenever you make a reservation, and even if you use the Site frequently, you should read them in full.
16. Applicable law and jurisdiction
The Contract is governed by the laws of the Republic of Portugal.
For the resolution of any disputes arising from the validity, conclusion, execution, breach, cancellation or interpretation of the Contract, the Viseu District Court shall have exclusive jurisdiction, without prejudice to the applicable mandatory legal rules.
17. Alternative Dispute Resolution
In the event of a consumer dispute, the consumer can turn to the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or to the following alternative consumer dispute resolution organisations:
1. CNIACC - National Consumer Conflict Information and Arbitration Centre
Tel: 213 847 484; E-mail: cniacc@unl.pt
2. CIMAAL - Algarve Consumer Conflict Information, Mediation and Arbitration Centre
Tel: 289 823 135; E-mail: cimaal@mail.telepac.pt
3. Consumer Conflict Arbitration Centre of the District of Coimbra
Tel: 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com
4. Lisbon Consumer Conflict Arbitration Centre
Tel: 218 807 000 / 218807030. E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
5. Porto Consumer Information and Arbitration Centre
Tel: 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt
6. Vale do Ave Consumer Conflict Arbitration Centre/Arbitral Tribunal
Tel: 253 422 410; E-mail: triave@gmail.com
7. Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court)
Tel: 253 617 604; E-mail: geral@ciab.pt
8. Consumer Conflict Arbitration Centre of the Autonomous Region of Madeira
Address: Rua Direita, 27 - 1º Andar, 9050-405 Funchal; E-mail: centroarbitragem.sras@gov-madeira.pt
