General condition for Booking

General condition for Booking

1 de June, 2022 2022-08-23 15:45

1. SCOPE
1.1. These general conditions (“General Conditions”) govern and are an integral part of the contract for the provision of services entered into through the website www.artsoulgroup.com (“Site”) between the ART AND SOUL Group (ART AND SOUL Group) (“ART AND SOUL Group”) and the client (“Client”), whose purpose is to provide booking services for tourist accommodation (“Accommodation”) and respective supplementary tourism services in tourism facilities in hotels (“Hotels”) owned and/or operated by a company belonging to the hotel group.
1.2. The conclusion of the Contract, which takes place after confirmation of the booking through the Site, is made under the terms of these General Conditions, whose knowledge and acceptance by the Client are expressed through a check box validation for this purpose in the booking form. The Client also acknowledges being aware and accepting the Website Terms of Use and its Privacy Policy.
2.1. In booking any reservation, the Client must correctly fill in the corresponding form, indicating, in particular, the Hotel, Accommodation, departure, arrival and exit dates and the applicable rate, always subject to confirmation of availability by the ART AND SOUL Group, as well as your personal data and payment information, being fully responsible for the choices made and information provided, which must be complete, true and updated.
2.2. Upon confirmation of the booking data by the Client, a reservation code is assigned to the latter, which must be referenced in all contacts with the ART AND SOUL Group, and the Client shall be entitled to the travel services contracted with the ART AND SOUL Group pursuant to and under the terms described in the respective proof of booking and in the Contract, after payment.
2.3. When the Client has only booked Accommodation, the Client shall be fully responsible for obtaining and/or contracting the transportation means to enjoy the contracted services.
2.4. Likewise, the Client undertakes full responsibility for holding and/or obtaining the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) to entry in the country and/or location of the Hotel or in locations where the client stops during travel, and the Client should gather such information in advance when booking Accommodation only.
2.5. Due to the existing special schemes and rates for children, which may vary among other factors depending on the age, the service provider and the travel dates, the ART AND SOUL Group advises the Client to get previous information with us before concluding the booking.
2.6. No refunds are due for goods and/or services which, although made available to the Client, the latter chooses not to enjoy or use.

3. BENEFITS, CAMPAIGNS AND DISCOUNTS
3.1. The ART AND SOUL Group may launch certain campaigns (“Campaigns”) and discounts (“Discounts”) on the Bookings made by Clients, for a limited or unlimited period of time.
3.2. The following conditions shall apply to the Benefits, Campaigns and Discounts:
i) To benefit from certain Campaigns and/or Discounts, the Client may be required to enter a promotional code (“Promotional Code”) or to pay the booking in advance;
ii) The Benefits, Campaigns and Discounts are subject to confirmation of availability;
iii) The ART AND SOUL Group reserves the right to cancel the Benefits, Campaigns and/or Discounts or to reject a Promotional Code when the total amount of the Promotional Codes already used exceeds a certain financial amount or when they are fraudulently used (namely by those who are not the holder/beneficiary);
iv) The Benefits, Campaigns and Discounts are only valid for bookings made through the Site and are not transferable to third parties;
v) In case of cancellation or non-use of a booking made under a Benefit, Campaign or Discount, the amount of the Benefit, Campaign or Discount shall not be refunded, nor shall it be guaranteed its reapplication in another booking;
vi) If there is a change in the characteristics and/or the holder of a booking made within the scope of a Benefit, Campaign or Discount, the Client may lose the benefit/advantage granted by the booking, and the provisions of section 10 shall be applicable in case of withdrawal;
vii) The use of fraudulent mechanisms to obtain Benefits, Campaigns or Discounts shall hold the Client liable regarding the general conditions and grants the ART AND SOUL Group the right to choose between a) the application of a rate without discount and b) the termination of the Contract, where such termination, as to the consequences thereof, is equal to a Contract termination by the Client, without prejudice to the right of the ART AND SOUL Group to be compensated for all damages suffered;
viii) The ART AND SOUL Group reserves the right to cancel and/or change at any time the Benefits, Campaigns and Discounts.

4. TAXES
The price of the booking shall be accrued by the legally due taxes (including namely the Value Added Tax), which will be charged by the ART AND SOUL Group to the Client together with the booking at the legal rate in force and depending on the services contracted.

5. FEES
5.1. Bookings, changes and cancellations may be subject to fees charged by the ART AND SOUL Group to the Client and calculated depending on the type of reservation, the date of its conclusion (or of its changes or cancellation) and the applicable rate, to be disclosed at the time the booking is carried out by the Client. In addition, additional fees may be charged by the ART AND SOUL Group to the Client for booking changes or cancellations.
5.2. The fees are due for each booking made and relate to the availability of the online booking services by the ART AND SOUL Group to the Client, being deducted at the time of payment of the booking by the Client.
5.3. The fees due by the Client to the ART AND SOUL Group under a booking are not refundable if the Client does not use or enjoy the goods and/or services contracted, as well as for any other reason not attributable to The ART AND SOUL Group, except if the Client cancels the reservation under the terms (including the deadline) described in the General Conditions.

6. ACCOMMODATION
6.1. The Hotel and Accommodation characteristics are those indicated in the booking. However, as the photos of the Hotel were not taken on the day the Client made the booking, there may be substantial differences between the photos and the reality at the time of enjoying the services contracted by the Client, however not granting to the Client the right to any modification to the Contract.
6.2. The prices shown are per room, but they can be presented per person or depending on other characteristics, which in any case will be properly indicated on the Website when making a booking. If it is possible to make a booking for a number of people higher than the normal Accommodation places, an extra bed may have to be placed, which may not have the same comfort and quality as the other beds of the Accommodation, reducing its useful area. The same can happen with children beds.
6.3. The meals schemes and their specificities are communicated to the Client through the Site when a booking is made.
6.4. If nothing is mentioned in the booking, the meals scheme shall not include any meal.
6.5. In case the Client appears with more people than those indicated in the booking to use the Accommodation, those responsible for the Hotel may refuse entry, for which the ART AND SOUL Group cannot be held liable.
6.6. If an overbooking situation occurs (that is, there are more bookings than Accommodation places available) at the Hotel where the Client has booked Accommodation, the Client expressly acknowledges and accepts that the ART AND SOUL Group may place him/her/them in a different Accommodation of the same Hotel or other Hotel of the same category (in any case, ensuring that the quality of the Accommodation available is not lower than that of the Accommodation booked by the Client) without additional costs for the Client, and without being entitled to any compensation or termination of the Contract for this reason.
6.7. As a general rule, the Accommodation can be used from 3:00 pm on the day of arrival and must be left free before 12:00 noon on the day of departure (in both cases, at the local time of the respective Hotel). Remaining in the Accommodation beyond the practiced time of departure may lead to the payment of additional amounts, being this at the sole responsibility of the Client.
6.8. In the event that the Client does not appear at the Hotel until 11:59 p.m. on the date indicated on the proof of booking, the Hotel may disregard the reservation and sell the Accommodation to third parties, for which the ART AND SOUL Group cannot be held liable.
6.9. The Client must comply with the Hotel’s internal rules of use, if any, and the ART AND SOUL Group cannot be held liable for any damages suffered by the Client in result of breaching such internal rules. 

7. PAYMENT
7.1. The Client must pay the amount indicated on the booking form as a previous requisite to be able to enjoy the contracted booking.
7.2. The payment of the booking can be made by the Client i) on the Site, on the date of the booking or ii) at the Hotel, on the date of entry into the Accommodation (if this modality is available for the type of booking made by the Client).
7.3. If the Client chooses to pay the booking upon its conclusion, he/she/they must do so by means of a credit card held by him/her/them and within the list of issuing entities with which the ART AND SOUL Group collaborates, which is made available in the booking form, being the payment accepted by the ART AND SOUL Group within the limits authorized by the entities issuing the card.
7.4. Alternatively, if the Client wishes to pay the booking only at the Hotel, he/she/they may do so in the terms permitted by the Hotel, and the Client should get information in due time with said Hotel or with the ART AND SOUL Group regarding the payment methods accepted. However, the ART AND SOUL Group will always request the credit card information when the booking is made on the Site for the purposes of guaranteeing the reservation, and the ART AND SOUL Group undertakes to debit the amount corresponding to the value of the first night reserved only if i) the Client does not appear in the Hotel on the date of entry indicated in the proof of booking or ii) if the Client cancels the booking without the anticipation indicated in the respective proof of booking, which the Client expressly accepts and authorizes.
7.5. The credit card information entered by the Client is protected by the company Availpro, a subcontractor of the ART AND SOUL Group that complies with all Group security mechanisms, given the provisions of our Privacy Policy.

8. CANCELLATION
8.1. The cancellation of any reservations made through the Site implies the loss, in favour of the ART AND SOUL, of any amounts paid by the Client, unless otherwise expressly stated in the respective proof of booking.

9. COMPLIANCE IMPOSSIBILITY
If the ART AND SOUL Group is unable to comply with obligations under the Contract for reasons beyond its control, it shall immediately notify the Client of such impossibility. If the compliance impossibility relates to any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and a possible price variation. The Client must notify the ART AND SOUL Group of such decision within 4 business days upon receipt of the ART AND SOUL Group notification. If nothing is said, it shall be considered that the Client agrees with the amendment.

10. COMPLAINTS
10.1. Any deficiency in the execution of the Contract regarding the services provided by third party service providers must be communicated to the ART AND SOUL Group in writing within a maximum period of 20 business days after ending the services contracted by the Client.
10.2. In the event of a complaint presented for the non-performance of the services contracted to the ART AND SOUL Group, the Client may activate the guarantee provided for in the applicable legislation (provided that the complaint is based on non-compliance with obligations whose fulfilment is assured by said guarantee) and for this purpose, the Client should request the Turismo de Portugal, IP. to demand the guarantor entity by presenting:
i) A final judicial decision that includes the amount of the debt due, fixed and net;
ii) An arbitration decision;

iii) An application requesting the intervention of the arbitration commission, under the terms of the applicable legislation and with the evidence supporting the alleged facts.

11. LIABILITY
11.1. In the case of Organized Travel, the ART AND SOUL Group is liable before the Clients under the provisions of the law, except if:
i) Non-compliance does not result from excess booking and is due to situations of force majeure or fortuitous events caused by abnormal and unforeseeable circumstances external to the ART AND SOUL Group and whose consequences could not have been avoided despite all the measures taken;
ii) It has been demonstrated that non-compliance is due to the Client’s conduct or to the unforeseeable action of a third party alien to the provision of services under the Contract;
iii) It cannot activate legally the right of return with respect to third party providers of the services under the Contract, in accordance with the applicable legislation;
iv) The Accommodation provider cannot be held liable for the deterioration, destruction or subtraction of luggage or other articles.
11.2. To the extent permitted by the applicable law, the ART AND SOUL Group shall not be liable for any damages that may arise from any unforeseen circumstances or beyond its control nor shall it be liable for, expressly and by way of example: network delays or blockage, interference, interruptions, viruses, malfunctions and/or disconnections in the Site’s operation or in the Client’s computer devices and equipment, or any other abnormal operation of the booking service for reasons beyond its control and that prevent the booking from being made.
11.3. The Client is liable to the ART AND SOUL Group under the provisions of the law.

12. PERSONAL DATA
Upon completion of the booking form, the Client will be requested to provide certain data that allow identifying him/her (“Personal Data”), which will be collected by the ART AND SOUL Group in strict compliance with the law and in accordance with the Site’s Privacy Policy.

13. CONTACT
All communications or notifications under the Contract must be made using the information provided by the Client on the online form. Any changes to the Client’s data and any communication or notification addressed by the Client to the ART AND SOUL Group must be made to the following contacts: ART AND SOUL GROUP, at Rua Jacinto Marto, 91 2495-450 Fátima.


14. GENERAL PROVISIONS
14.1. The General Conditions apply only to the booking of services through the Site and is a complement to any specific conditions agreed upon in writing between the Client and the ART AND SOUL Group regarding the object of the Contract or referred to in a specific area of the Site for a particular product or service, including the proof of booking (“Specific Conditions”), which are also an integral part of the Contract.
14.2. In case of conflict, the provisions of the Specific Conditions shall prevail over the General Conditions, prevailing over both any additional written provisions specially agreed between the Client and the ART AND SOUL Group and signed by both parties, which are part of the Contract.
14.3. Once the Contract is concluded, it can only be changed in writing by means of a document signed by the Client and the ART AND SOUL Group, which becomes an integral part thereof.
14.4. The provisions of these General Conditions may be changed at any time by the ART AND SOUL Group for future legal relationships and without prior notice. As such, whenever you make a booking, and even if you use the Site frequently, you should read them in full.

15 – GUEST CLUB
15.1. NATURE AND OWNERSHIP
15.1.1. The ART AND SOUL Guest Club, hereinafter also referred to as the Program or the acronym AaSGC, is the ART AND SOUL GROUP loyalty program through which benefits are granted to the customers of its hotel units in Portugal, namely the units indicated on the website artsoulgroup.com as participants in the loyalty program and operating under the brands “LISBOA PESSOA HOTEL”, “PORTO A.S. 1829 HOTEL”, “ÉVORA OLIVE HOTEL.
15.1.2. It is up to the ART AND SOUL GROUP to define the hotel units to be included in this Program from among the universe of those referred to in No. 1.1., being able to change, at any time, the list of hotel units covered by the Program.
15.1.3. Individuals over 18 years of age can participate in the AaSGC, who will be given a promotional code, and it is not possible to assign more than one code per participant.
15.1.4. The Program participation code is personal and non-transferable, and cannot be transferred to a third party, in any capacity, and must be indicated to the ART AND SOUL GROUP hotel units, whenever the participant wants to enjoy the respective benefits.

15.2 BENEFITS
15.2.1. – The Program grants participants benefits, in accordance with the promotional communication in force. Its disclosure is made at artsoulgroup.com.
15.2.2. The attribution of benefits will be automatic, just joining the ART AND SOUL guest club online and accepting the AaSGC terms and conditions.
15.2.3. ART AND SOUL GROUP reserves the right to change, with 10 days’ notice on the artsoulgroup.com website, the criteria for the attribution of other benefits.
15.2.4. The website artsoulgroup.com contain complementary and updated information about the benefits of the Program.
15.2.5. AaSGC Program benefits are only available to AaSGC members who book online at artsoulgroup.com, artsoulgroup.com/lisboapessoahotel, artsoulgroup.com/portoas1829hotel and artsoulgroup.com/evoraolivehotel.
15.2.6. The program benefits are not valid for promotions and specific catering actions such as brunches, restaurant weeks, fairs, group meals with more than 10 people and other gastronomic events.
15.2.7. The conditions for using the discounts and benefits of the loyalty program are as follows:
a) Discounts on accommodation: they apply to the marked rates published on the websites; package rates that have other items included do not have the AaSGC discount. AaSGC members will be entitled to a 12% discount on accommodation services booked online and 12% off services booked during the stay. Each client can enjoy these discounts up to a maximum of 5 rooms, as long as the payment is made by the client and the invoice is issued in his name. In the event that the customer is not a member of AaSGC and chooses not to join the program, the difference of the tariff that would have been originally applied to a non-customer will be charged.
b) 12% discounts at restaurants, SPA for AaSGC members: excludes food and drinks purchased in Room Service services and does not apply to special packages. Exceptions are also discounts on rooms, rental of audiovisual equipment, services enjoyed in the mentioned hotel units but provided by third parties; consumption of Accommodation and Food and Beverages billed to groups relating to companies or groups; stay and meal or spa vouchers; reservations with special prices for groups, namely non-public rates; consumption of Food and Beverages via room service and mini-bar.
c) Access to exclusive offers: AaSGC customers will occasionally have the right to access promotions in advance. ART AND SOUL Group reserves the right to send offers dedicated to customers with active contact permissions.
d) No restrictions on stay dates, except for special packages, festive dates, during which the corresponding discounts will not be allowed.
e) The list of units and establishments adhering to the program will be present on the program website at artsoulgroup.com, artsoulgroup.com/lisboapessoahotel, artsoulgroup.com/portoas1829hotele artsoulgroup.com/evoraolivehotel and may be changed by the ART AND SOUL GROUP without prior notice .

15.3. TERMS OF USE OF BENEFITS
15.3.1. It is a condition of making a reservation and using the Program benefits to identify the participants and indicate the respective promotional code.
15.3.2. The benefits conferred by AaSGC are not compatible or cumulative with those of other ART AND SOUL GROUP Loyalty Programs, unless otherwise indicated.
15.3.3. ART AND SOUL GROUP reserves the right to refuse a reservation within the scope of the AaSGC Program in the event that sufficient data are not provided to carry out the same.
15.3.4. Communications exclusively related to the Program are periodically sent to the customer, namely promotions, offers and other communications equally relevant for the purposes of the AaSGC, in order to keep the customer informed about the offers that they can enjoy.

15.4. CANCELLATION AND CHANGES TO THE PROGRAM
15.4.1. The ART AND SOUL GROUP reserves the right to cancel or change the conditions of the Program, partially or totally, at any time, committing to make its best efforts to promptly inform Program participants about the content and the effective date of the changes.
15.4.2. The ART AND SOUL GROUP also reserves the right to create specific rules for this Program, according to the country or other geographic area where it applies.
15.4.3 ART AND SOUL GROUP will disclose all cancellation or change situations referred to in the previous numbers on the AaSGC website at artsoulgroup.com, artsoulgroup.com/lisboapessoahotel, artsoulgroup.com/portoas1829hotel and artsoulgroup.com/evoraolivehotel
15.4.4. The ART AND SOUL GROUP reserves the right to cancel participation in the AaSGC to participants who misuse their credit and benefits.
15.4.5. In the event that any hotel unit ceases to be part of the scope of this Program, it will no longer be possible to use the discounts that are credited to the participants in the AaSGC, as well as the other benefits inherent to the Program, without the need for prior communication to the participants.
15.4.6. In case of cessation of participation under the terms of No. 4.4. or cancellation under the terms set out in 4.1. of this clause, the participant loses the right to discounts on the respective date, without the right to any compensation.

15.5. ERRORS AND RETROACTIVE CLAIMS
15.5.1. ART AND SOUL GROUP reserves the right to change rates, descriptions or promotional material sent to participants.
15.5.2. Any claim by a participant in the Program about discounts or the enjoyment of other benefits must be submitted to the respective hotel, attaching the invoice for the stay or other document supporting the claim.
15.5.3. The deadline for submitting a claim regarding discounts is 6 months, counting from the date of stay, after which the respective right expires.

15.6. DATA PRIVACY AND APPLICABLE LAW
15.6.1. The data collected will be processed by the ART AND SOUL GROUP, which assumes for the present purposes the quality of Responsible for the Processing of Personal Data.
15.6.2. The personal data of the participants will be processed for the purposes of loyalty and participation in the Program.
15.6.3. The controller may need to transmit the participant’s personal data under this loyalty program to other ART AND SOUL Group companies, in order to allow the enjoyment of the benefits associated with membership.
15.6.4. Participants may exercise their rights of access, rectification, elimination, opposition, limitation and portability, by sending an email to dpo@artsoulgroup.com.
15.6.5. Reading these terms and conditions does not exempt you from reading the Privacy Policy available at www.artsoulgroup.com.

16. APPLICABLE LAW AND JURISDICTION
The Contract is governed by the laws of the Republic of Portugal.
For the resolution of any litigation arising from the validity, conclusion, execution, non-compliance, extinction or interpretation of the Contract, the Court of the District of Leiria shall be exclusively competent, without prejudice to the applicable mandatory legal rules. 

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