The Site is owned Novabila – Empreendimentos Urbanos, Lda., NIF 501775587, located at Travessa D. Dinis, 2 – 5000-601 Vila Real, hereinafter referred to as Novabila Guesthouse
Our website is: https://www.novabilaguesthouse.com
You may contact us by:
- Email: firstname.lastname@example.org
- Telefone: +351 911 748 185 (Cost of call to national mobile network)
Through the Site, Novabila Guesthouse gives the User access to the Services. The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms.
2. General user obligations and liability
Novabila Guesthouse reserves the right to change these Terms and Conditions at any time, by placing changes online on the Site, being the exclusive responsibility of the User to verify and comply with them during each use. Usage of the Site after the changes are posted constitutes acceptance of the updated Terms and Conditions. If the User does not agree with the changes or, in general, with the Terms and Conditions, he /she should immediately stop using the Site and the Services.
By accessing, using and downloading materials from the Site, the User agrees, on his behalf and / or on behalf of the entity on behalf of whoever is acting, to timely comply with the provisions of these Terms and Conditions, ensuring that he has the power to act on behalf of the third party the User represents, if that is the case.
Access to the Services is expressly prohibited by any means other than through the interface provided by Novabila Guesthouse, as well as access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or web crawlers).
It is expressly prohibited to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to Novabila Guesthouse’s image on the market. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.
The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate it or advise third parties to do so.
In order to be able to access certain Services and restricted areas of the Site, the User may be asked to provide some personal data (such as identification and contact details), as part of the registration process for creating a User account. on the Site (“User Account”). The User must provide a valid email address that he / she has the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be updated, complete and accurate.
The User is responsible for maintaining the confidentiality of his / her password. If the User detects any illicit use of the User Account, he / she must immediately notify Novabila Guesthouse. However, the User can be held responsible by Novabila Guesthouse or a third party for the illegal use of his / her User Account or password.
The User account must only be used by a third party with the consent of the respective holder.
The User is solely responsible for any emergent damages or lost profits caused by his / her unlawful conduct when using the Site and the Services and for the Content made available on the Site.
If Novabila Guesthouse deactivates or otherwise withdraws access to the User Account, the User understands and accepts that he / she may be prevented from accessing certain restricted areas of the Site, the details of the User Account or any content therein.
3. Novabila Guesthouse’s rights and obligations
Novabila Guesthouse reserves the right to (i) modify, add or remove parts of the Terms and Conditions at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms and Conditions; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, partially or totally. These changes will take effect as of their placement on the Site or the date of sending any communications.
Novabila Guesthouse is committed to providing technical support to the User with a User Account, which is only available via email.
4. Intellectual property and personality rights
All information contained on the Site and Services and all data and information compiled by Novabila Guesthouse associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which the User has access as part of the Services by using them are considered Novabila Guesthouse or third party content when properly identified. The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the referred contents (partially or totally), unless expressly authorized in writing by the Novabila Guesthouse or by third party that holds the intellectual property and personality rights.
The User acknowledges and agrees that Novabila Guesthouse retains all intellectual property rights (whether those rights are registered or not and in any part of the world where those rights may exist) relating to the Services. Novabila Guesthouse retains all rights not expressly granted to the User in these Terms and Conditions.
The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.
Brands and related
Unless expressly authorized by Novabila Guesthouse to do so, nothing in the Terms and Conditions gives the User the right to use any of the registered trademarks, commercial brands, service marks, logos, domain names and other brand features distinctive features of Novabila Guesthouse.
Novabila Guesthouse grants the User a personal, worldwide, free, non-transferable and non-exclusive license to use the booking interface on the Site as part of the Services provided (“Software”). This license has the sole purpose of allowing the usage of the booking service as it is made available on the Site, as permitted by the Terms and Conditions.
The User is not allowed (nor can he / she allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by the applicable legislation or the User has been specifically authorized in writing by Novabila Guesthouse to do so. Unless Novabila Guesthouse has granted the User a specific written authorization to do so, he / she cannot assign (or assign a sub-license to) its rights to use the Software, grant a guarantee regarding its rights to use of the Software or, alternatively, transfer any part of your rights to use the Software.
5. Exclusion of guarantees
To the extent permitted by applicable law, the services are provided “as is” and “as available” and Novabila Guesthouse does not provide any type of guarantee in relation to them. In particular, Novabila Guesthouse does not guarantee to the User that (i) the use of the services meets his / her needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, safe or free from errors; (iii) any information obtained, resulting from the use of the services, is accurate or reliable; and (iv) that defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms with respect to satisfactory quality, fitness for purpose or compliance with the description) apply to the services, except to the extent that they are expressly defined in the Terms and Conditions.
The use, by the User, of the website, of the services, as well as of any materials downloaded or otherwise obtained through the use of the services is done at his / her sole risk, being solely responsible for any emergent damages and lost profits caused to the equipment where he / she uses or views the Site, services and materials available there.
Nothing in the Terms and Conditions shall affect the rights provided for by the applicable legislation to which the User is always entitled as a consumer, if in that capacity he / she intervenes and relates to Novabila Guesthouse, and which, contractually, cannot agree to change or waive.
No recommendation or information, oral or written, from Novabila Guesthouse should be interpreted as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.
To facilitate user accessibility, Novabila Guesthouse may include links to websites on the internet that are owned or operated by third parties. When using the links to these third party sites, the User must review and accept the rules of that site before using it. The user must also accept that Novabila Guesthouse does not control the content of that website and cannot assume any responsibility for the materials created or published by these third party websites. In addition, a link to a non-Novabila Guesthouse website does not mean that it supports the website or the products and services referenced there.
6. Limitation of liability
To the extent permitted by applicable law, Novabila Guesthouse assumes no liability to the User for any resulting damages from:
a) any judgment by the user related to the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is shown on the services or in the Novabila Guesthouse newsletter;
b) any changes that Novabila Guesthouse may make to the services or any permanent or temporary cessation of the provision of services (or any functionalities of the services);
c) the elimination, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services;
d) the direct or indirect violation of the Terms and Conditions;
e) the failure to maintain the security and confidentiality of the password or user account details.
Novabila Guesthouse’s liability for compensation for any emergent damages and loss of profits related to the website and services, caused by Novabila Guesthouse, its representatives or helpers is limited to cases in which it acts with intent or serious fault. If you disagree, partially or totally, with the website or services, or with the terms and conditions, you only have the option to stop using the website or services, as applicable, and to demand the cancellation of your user account.
8. General provisions
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Site relating to certain materials, these must prevail.
Exercise of rights
The non-exercise or non-immediate application of rights or provisions by Novabila Guesthouse, provided for in the Terms and Conditions, should not be interpreted as a waiver of them.
The Terms and Conditions constitute the entire agreement between the User and Novabila Guesthouse regarding the use and consultation by the User of the Site and Services, and regulate the use of these (excluding any Services that may be provided by Novabila Guesthouse within the scope of a separate written contract), completely replacing any previous agreements between the User and Novabila Guesthouse in relation to the Site and the Services.
The invalidity, declared by a final judicial or arbitration award, of some provision of the Terms and Conditions does not determine the invalidity of the others, reserving Novabila Guesthouse the right, if necessary, to modify the Terms and Conditions accordingly to supply the invalidity.
Notifications / Communications / Complaints
Any notifications and communications from Novabila Guesthouse to the User under the Terms and Conditions should preferably be made to the email address or address provided by the User in his / her User Account, without prejudice to Novabila Guesthouse being able to use other contact elements and forms.
Any notifications, communications and complaints from the User should be made, preferably, to the email [email@example.com].
9. Applicable law and jurisdiction
The Terms and Conditions, as well as the User’s relationship with Novabila Guesthouse in accordance therewith, are governed by the applicable laws of the Republic of Portugal. The User and Novabila Guesthouse agree to submit to the exclusive jurisdiction of the judicial courts of the Vila Real District the resolution of any legal issues resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, Novabila Guesthouse may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.
General booking conditions
1.1. The present general conditions (“General Conditions”) govern and are an integral part of the service provision agreement entered into through the website www.novabilaguesthouse.com (“Site”) between Novabila – Empreendimentos Urbanos, Lda., NIF 501775587, located at Travessa D. Dinis, 2 – 5000-601 Vila Real, hereinafter referred to as Novabila Guesthouse
O endereço do nosso site é: https://www.novabilaguesthouse.com
You may contact us by:
- Email: firstname.lastname@example.org
- Telefone: +351 911 748 185
and the client who signs the contract (“Client”), whose object is to provide tourist accommodation reservation services (“Accommodation” ) and respective tourist services provided by Novabila Guesthouse (“Contract”).
2.1. When booking the Client must correctly fill in the respective form, indicating, in particular, the dates of entry and departure and applicable rate, always subject to confirmation of availability by Novabila Guesthouse, as well as his / her personal data and information of payment, being fully responsible for the choices made and for the information provided, which must be complete, true and up to date.
2.2. With the confirmation of the booking data by the Client, a reservation code is assigned to this client, which must be referenced in all contacts with Novabila Guesthouse, acquiring the Client the right to the services contracted from Novabila Guesthouse, under the terms and conditions described in the respective proof of booking and in the Contract, after payment under section 8.
2.3. When the Client have booked only Accommodation, the Client is fully responsible for obtaining and / or contracting means of transport that will allow him / her to enjoy the contracted services, without prejudice to the Client being able to hire this service from Novabila Guesthouse independently (if available and provided accept it).
2.4. Likewise, the Client assumes full responsibility for the possession and / or obtaining of the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) for entering the country and / or locality where the Accommodation is located or where you make a stopover during the trip purchased, and must inform yourself in a timely manner when you have only booked accommodation. Novabila Guesthouse does not assume any responsibility for the refusal to grant visas or entry permissions to the Client in Portugal, in which case, the provisions of section 9 apply.
2.5. Due to the special regimes and tariffs that exist for children, and which vary, among other factors, depending on the age, the service provider and the dates of the trip, Novabila Guesthouse advises the Client to obtain prior information from that before the making the reservation.
2.6. No refunds are due for goods and / or services that, although made available to the Client, the Client chooses not to enjoy or use.
3. Benefits, promotions and discounts
3.1. Due to the agreements signed by Novabila Guesthouse with third parties (“Partners”) and that are in force on the date of the booking by the Client, the Client may have access to discounts and special rates (“Benefits”) when making a booking, provided that you he / she is fully legitimized by the Partner to obtain the Benefits and correctly enter his / her identification number. Novabila Guesthouse reserves the right to contact the Partner to obtain confirmation regarding the applicability of the Benefits to a Client.
3.2. In addition to the provisions of clauses 3.1., Novabila Guesthouse can make certain promotions (“Promotions”) and discounts (“Discounts”) on the bookings made by Customers on the Site, with limited or no time limits.
3.3. The following conditions apply to Benefits, Promotions and Discounts:
i) For the benefit of certain Promotions and / or Discounts, the Client may be asked to enter a promotional code (“Promotional Code”) or to prepay the booking;
ii) Benefits, Promotions and Discounts are subject to availability confirmation;
iii) Novabila Guesthouse reserves the right to cancel 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 in a fraudulent form (namely, by who is not its holder / beneficiary);
iv) Benefits, Promotions and Discounts are only valid for reservations made through the Site and are not transferable to third parties;
v) In case of cancellation or non-use of a reservation made under a Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be refunded, nor will it be guaranteed to be re-applied to another reservation;
vi) If there is a change, at the initiative of the Client, of the characteristics and / or ownership of a reservation made within the scope of a Benefit, Promotion or Discount, the latter may lose the benefit / perk granted by the reservation, applying the provisions, in case of withdrawal, in section 9;
vii) The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts makes the Customer responsible in general terms and gives Novabila Guesthouse the right to choose between (a) the application of the tariff without discount and (b) the resolution of the Contract, equating this resolution, as to the consequences that result from it, to the termination of the Contract by the Client under the terms of clause 9.1, without prejudice to Novabila Guesthouse’s right to be compensated for all damages suffered;
viii) Novabila Guesthouse reserves the right to cancel and / or change Benefits, Promotions and Discounts at any time.
Unless explicitly stated otherwise, the price of the booking, service or product includes taxes legally due (namely, Value Added Tax), which will be charged by Novabila Guesthouse to the CLient together with the booking at the legal rate in force, in depending on the contracted services.
5.1. Bookings, changes to them and cancellations may be subject to the payment of fees charged by Novabila Guesthouse to the Client, calculated according to the type of booking, the date of the booking (or the respective change or cancellation) and the applicable rate, to be disclosed at the time of making the booking by the Customer. In addition, additional fees may also be charged by Novabila Guesthouse to the Client for changes in bookings or cancellations, if these are required by Novabila Guesthouse or by other service providers.
5.2. Fees are due for each reservation made, in exchange for the availability of online booking services by Novabila Guesthouse to the Client, being debited at the time of payment of the booking by the Client.
5.3. The fees due by the Client to Novabila Guesthouse in connection with a booking are non-refundable if the Client does not use or enjoy the contracted goods and / or services, as well as for any other reason not attributable to Novabila Guesthouse, unless the Client cancels the reservation under the terms (including term) described in the General Conditions.
6.1. The Client can make changes to the Accommodation bookings under the following terms and conditions:
i) Ownership. The Client can assign the reservation, provided that he / she informs Novabila Guesthouse in writing at least 7 days in advance of the date of entry into the Accommodation. The assignor and the assignee are jointly and severally liable to pay the price and additional charges arising from the assignment;
ii) Other changes. Any other changes to bookings, other than those mentioned in the previous paragraph, require the express agreement of Novabila Guesthouse, which may imply changes in the price and / or be subject to the payment of fees, calculated according to the type of booking, on the date of the change and the applicable tariff.
7.1. The characteristics of the Hotel and the Accommodation are those included in the booking. However, since the photographs of the Hotel were not taken on the day the booking was made by the Client, there may be non-substantial differences between the photograph and the reality at the date of the use of the services contracted by the Client, which do not give the Client the right to any modification of the Agreement.
7.2. The prices shown are per room, however they can be presented per person or according to other characteristics, which in any case will be duly indicated on the Site when making a booking. If it is possible to make a booking for a number of people greater than the normal accommodation capacity, an extra bed may be required, which may not have the same comfort and quality as the other accommodation beds, reducing its useful area, even happening with children’s beds.
7.3. Meals and their specificities are communicated to the Client through the Site when making a booking.
7.4. If nothing is mentioned in the booking, it does not include any meal.
7.5. If the Client presents himself with more people than indicated in the booking to use the Accommodation, Novabila Guesthouse may refuse his / her entry, a situation for which Novabila Guesthouse cannot be held responsible.
7.6. As a rule, the accommodation can be used from 16:00 on the day of arrival and must be left before 12:00 on the day of departure (in both cases, at local time). Staying at the accommodation after 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 Hotel until 23:59 on the date of entry indicated on the booking receipt, the Hotel may disregard the booking and sell the Accommodation to third parties, a situation for which Novabila Guesthouse cannot be held responsible.
7.8. The Client must comply with the internal regulations for the use of the Hotel, and the Novabila Guesthouse cannot be held responsible for losses suffered by the Client as a result of its violation.
8.1. The Client must pay the amount indicated on the booking or purchase form as a prerequisite to be able to enjoy the reservation or contracted services.
8.2. The payment of the reservation is made by the Client through Bank Transfer to the IBAN indicated on the reservation form and in the order confirmation email.
8.3. The Client must send proof of transfer to the email email@example.com, indicating the reservation code.
8.4. The reservation is only considered accepted after confirmation of the transfer in the bank account of Novabila Guesthouse.
9.1. The Client can withdraw from the booking and terminate the Contract, provided he communicates it to Novabila Guesthouse up to 15 days before the check-in date indicated on the booking receipt, in which case he is entitled to the refund of the amounts paid for the booking.
9.2. In case of cancellation of the stay on the 14 days before the arrival, Novabila Guesthouse reserves the right to charge the total amount, except in cases where other conditions have been agreed.
9.3. In case of no-show, Novabila Guesthouse will charge the total amount of the stay.
10. Impossibility of compliance
When, for facts not attributable to it, Novabila Guesthouse cannot fulfill obligations resulting from the Contract, it must immediately notify the Client of this impossibility. If the impossibility respects any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any variation in price. The Client must inform Novabila Guesthouse of his / her decision within 4 working days after receiving the notification from Novabila Guesthouse, assuming, if he / she says nothing, that he agrees with the change.
11.1. Any deficiency in the execution of the Contract in relation to the services provided by third party service providers must be communicated to Novabila Guesthouse in writing, within a maximum period of 20 working days after the end of the services contracted by the Client
11.2. For a complaint to be analyzed by Novabila Guesthouse, it must have been previously reported by the Client during the course of the stay, requiring from them the respective documents proving the occurrence
11.3. In the event of a claim made for failure to comply with the services contracted with Novabila Guesthouse, the Client may call the security provided for in the applicable legislation (provided that the complaint is based on the failure to fulfill duties whose observance is guaranteed by the said security), and for that purpose to Turismo de Portugal, IP, which demands the guaranteeing entity, presenting:
i) The final and unappealable judicial sentence, which contains the amount of the demandable, certain and net debt;
ii) Arbitral award;
iii) Request requesting intervention by the arbitral commission, under the terms of the applicable legislation, accompanied by the supporting evidence for the alleged facts.
12.1. Novabila Guesthouse responds to Clients under the terms of the law, except if:
i) The non-compliance does not result from excess bookings and is due to situations of force majeure or unforeseeable circumstances, motivated by abnormal and unpredictable circumstances, outside the Novabila Guesthouse, whose consequences cannot have been avoided despite all the steps taken;
ii) It is demonstrated that the non-compliance is due to the Client’s own conduct or to the unpredictable performance of a third party unrelated to the provision of the services due by the Contract;
iii) Legally unable to claim the right of recourse in relation to third parties providing the services provided for in the Contract, under the terms of the applicable legislation;
iv) Novabila Guesthouse cannot be held responsible for the deterioration, destruction or removal of luggage or other items.
12.2. Novabila Guesthouse is responsible for the correct issuance of accommodation certificates and for the culpable choice of service providers, unless they are suggested by the Client.
12.3. Whenever Novabila Guesthouse limits itself to acting as a mere intermediary in the reservation of individual services requested by the Client, Novabila Guesthouse’s liability to the Client is limited to that arising from the breach of the obligation to correctly issue accommodation certificates and, when applicable, transport. Additionally, Novabila Guesthouse’s liability is limited to the correct issuance of accommodation and transport tickets and also for the culpable choice of service providers, if these have not been suggested by the Client.
12.4. To the extent permitted by applicable law, Novabila Guesthouse is not responsible for damages that may arise from any unforeseen circumstances or that are beyond its control, and also, expressly and for example: network delays or blockages, interference, interruptions, viruses, malfunctions and / or disconnections in the operational functioning of the Site or in the Client’s computer equipment and equipment, or any other anomalous functioning of the reservation service for causes beyond its control and which prevent the reservation or purchase from being made.
12.5. The Customer is accountable to Novabila Guesthouse under the terms of the law.
13. Personal data
All communications or notifications under the Contract must be made using the information provided by the Client through the online form. Any changes to the Client’s data and any communication or notification sent by the Client to Novabila Guesthouse must be made to the email address firstname.lastname@example.org.
15. General provisions
15.1. The General Conditions are only applicable to bookings made through the Site, being a complement to any particular conditions agreed in writing between the Client and Novabila Guesthouse regarding the object of the Contract or referred to in a specific area of the Site for a specific product or service, including the proof of booking (“Particular Conditions”), which are also an integral part of the Contract.
15.2. The provisions of the Particular Conditions prevail, in case of conflict, over the General Conditions, prevailing over both any additional written stipulations specially agreed between the Client and Novabila Guesthouse and signed by both, which are part of the Contract.
15.3. Once the Contract is signed, it can only be changed in writing, by a document signed by the Client and by Novabila Guesthouse, which becomes an integral part of that.
15.4. The provisions of these General Conditions may be changed at any time by Novabila Guesthouse for future legal relations, without prior notice. As such, 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.
The Vila Real District Court is exclusively competent to resolve any disputes arising from the validity, execution, execution, non-compliance, extinction or interpretation of the Contract, without prejudice to the applicable mandatory legal rules.
17. Alternative Dispute Resolution
In the event of a consumer dispute, the consumer can use the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or the following alternative consumer dispute resolution entities:
1. CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Tel.: 213 847 484; E-mail: email@example.com
2. CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
Tel.: 289 823 135; E-mail: firstname.lastname@example.org
3. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
Tel.: 239 821 690/289. E-mail: email@example.com
4. Centro de Arbitragem de Conflitos de Consumo de Lisboa
Tel.: 218 807 000 / 218807030. E-mail: firstname.lastname@example.org; email@example.com
5. Centro de Informação de Consumo e Arbitragem do Porto
Tel.: 225 508 349 / 225 029 791; E-mail: firstname.lastname@example.org
6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
Tel.: 253 422 410; E-mail: email@example.com
7. Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
Tel.: 253 617 604; E-mail: firstname.lastname@example.org
8. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal; E-mail: email@example.com