Definitions
Terms used in these conditions with a capital letter, without prior definition, have the meaning given below:
• “Client” refers to any individual of legal age, acting for personal purposes and having full legal capacity to commit to these conditions.
• “Terms of Sale of the Reserved Rate” refers to the specific terms and conditions relating to each reservation made by the Client.
• “Reservation Confirmation” refers to the document summarizing the details of the reservation made by the Client, sent either by the Accommodation’s Website or by the Accommodation itself.
• “Reservation Request” refers to any request for the reservation of accommodation made by the Client.
• “Accommodation” refers to the coliving spaces marketed by CHHC lda under the brand POMAR coliving.
• “Partners” refers to all service providers with whom the Accommodation has entered into a service provision contract or partnership agreement.
• “Service” refers to any room reservation service requested by the Client on the Accommodation’s Website.
• “Accommodation Website” refers to the dedicated coliving website accessible at https://pomar-coliving.com.
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale apply without restriction or reservation to any purchase of room reservation services and ancillary services (collectively “the Services”) offered by the Accommodation (hereinafter “the Service Provider” or “the Accommodation”) to consumers and non-professional clients (“the Client” or “Clients”) via the Accommodation Website.
The main characteristics of the Services are presented on the Accommodation Website, and the Client is required to read these details before making any reservation. The choice and purchase of any Service is the sole responsibility of the Client.
The Client declares:
- That they have full legal capacity to contract under these General Terms and Conditions of Sale.
- That the reservation of rooms and ancillary services is made for personal needs.
- That they are able to save and print these General Terms and Conditions of Sale.
The Accommodation’s contact details are:
Rua da Costa 5B, 8005-459 Faro, Portugal
Contact: +351 960 095 334
These conditions prevail over any other conditions, including those applicable through other sales channels.
The Client is informed that the Accommodation may enter into partnership agreements with third-party travel service providers so that, by using those partners’ websites, the Client may search for, select, and book rooms at the Accommodation. Any reservation made under these conditions implies the Client’s full and unconditional consultation and acceptance of the specific provider’s terms, the Terms of Sale of the Reserved Rate, and these General Terms and Conditions of Sale. The Client acknowledges having obtained all necessary and available information from the Accommodation on the Website.
These General Terms and Conditions of Sale are available at any time on the Accommodation Website and prevail over any previous or contradictory version. Unless proven otherwise, the data recorded in our computer systems shall serve as proof of all transactions concluded with the Client. The entry of bank details, the acceptance of these General Terms and Conditions of Sale, the Terms of Sale of the Reserved Rate, or the submission of a Reservation Request have the same legal value as a handwritten signature. Such computerized records are maintained under reasonable security conditions and serve as proof of communication, orders, and payments.
Documents recording the conclusion of the contract (in electronic or paper form) will be preserved for a period of up to 5 years.
The Client is informed that their IP address is recorded at the time of reservation.
In accordance with the applicable Portuguese data protection legislation and the General Data Protection Regulation (GDPR), the Client has the right at any time to access, rectify, and oppose the processing of their personal data. To exercise these rights, the Client may write to:
CHHC lda – Rua da Costa 5B, 8005-459 Faro, Portugal
These General Terms and Conditions of Sale also include our Personal Data Protection Charter and our privacy policy.
By checking the designated box before proceeding with the online reservation (and in conjunction with the General Terms and Conditions of Use of the Accommodation Website), the Client declares having read and accepted these General Terms and Conditions of Sale (including the Personal Data Protection Charter and privacy policy). The validation of a Service reservation by the Client constitutes acceptance without reservation of these terms.
These terms may be modified from time to time, and the version in effect on the date of reservation (as displayed on the Accommodation Website) applies. They remain in force for as long as the Services are available online, although the Accommodation reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Client shall select the desired services on the Website according to the following procedure:
- Selection of room type and rate.
- Selection of ancillary services, if applicable.
- Verification and validation of reservation details, total amount, and rate conditions.
- Entry of personal details.
- Entry of bank card details (in case a guarantee or prepayment is required).
- Consultation and acceptance of these General Terms and Conditions of Sale as well as the conditions specific to the selected rate.
- Final validation of the reservation.
The Client confirms having read and understood the nature, purpose, and reservation methods of the Services offered by the Accommodation and acknowledges having received all necessary information. The Client is solely responsible for the choice and suitability of the Services.
The contractual information is presented in Portuguese and is confirmed when the Client validates the reservation. Upon request, information may be provided in other languages; however, the Portuguese version shall prevail in the event of any dispute.
For online reservations, the act of checking the acceptance box and validating the reservation shall constitute a binding distance contract between the Client and the Service Provider. The Client is advised to verify the accuracy of their reservation details and to report any errors immediately.
The Service Provider will send a Reservation Confirmation by email within 24 hours after the reservation is validated. The sale of Services is deemed final only once the Reservation Confirmation has been sent and full payment received.
Reservations may be cancelled or refused in cases where there is an ongoing payment dispute from the Client regarding a previous reservation, and each reservation is personal and non-transferable
Our terms of cancelation are as
ARTICLE 3 – Rates
The Services are offered at the rates in effect on the Accommodation Website at the time of booking. Prices are expressed in Euros, both excluding and including VAT. The rates reflect any discounts granted by the Accommodation as specified on the Website.
Rates are fixed and non-revisable during their validity period (as indicated on the Website); beyond that period, the Accommodation reserves the right to modify prices at any time. Rates are presented prior to and during the reservation process and are understood per room, per person, and for the selected date.
The amount confirmed to the Client includes VAT (excluding any applicable tourist taxes) and reflects the VAT rate in force on the day of reservation. Any subsequent change in the applicable VAT rate or the introduction of new legal or regulatory taxes will be automatically reflected at the time of billing. Tourist Tax, if applicable, is not included and must be paid on-site by the Client. Ancillary services (e.g., breakfast) are not included unless expressly stated.
Currency conversion displayed is for information only and is not contractual. Should payment be made in a different currency at the time of arrival or departure, the amount charged may differ due to exchange rate fluctuations.
An invoice will be issued by the Service Provider upon provision of the reserved Services.
ARTICLE 4 – Payment Terms
50% of the price is payable on the day of reservation confirmation via secure payment methods:
- Credit cards (e.g., Visa, MasterCard, American Express, etc.)
When making a reservation, the Client must provide complete bank card details, including the cardholder’s name, card number, expiration date (the card must remain valid until the end of the stay), and the security code. Payment data is transmitted in encrypted form using the SSL protocol.
The Client is required to present the same bank card at the Accommodation upon arrival, and may be asked for identification to prevent fraud. Failure to complete full payment in advance will result in the Service Provider not being obliged to provide the reserved Services. Payments are considered final only once fully received by the Service Provider.
The remaining balance is payable 7 days before check-in, as indicated on the invoice issued by the Accommodation. Payment will be secured via the same methods as above. On arrival, the Accommodation may request a security deposit or an authorization to debit the Client’s bank card for any amounts corresponding to on-site services consumed. The same card details and identity checks apply. Non-payment in advance will similarly preclude the provision of Services.
ARTICLE 5 – Provision of Services
The reserved Services—including room reservations and any ancillary services—will be provided in accordance with these General Terms and Conditions of Sale and the applicable Terms of Sale of the Reserved Rate, which the Client accepts upon booking.
Upon arrival, the Client may be required to present identification in order to complete any necessary registration with the local authorities.
The Accommodation is entirely non-smoking; any smoking within the premises may result in charges for cleaning and restoration.
Animals are not permitted in the coliving spaces.
The Client is solely responsible for any personal belongings kept in their room, in corridors, or in other public areas of the Accommodation; the Accommodation is not liable for loss, theft, deterioration, or damage.
The Client agrees to use the room responsibly. Any conduct contrary to public decency or order may result in immediate expulsion from the premises—with no compensation and/or refund—and, if applicable, payment for any nights consumed prior to departure.
Damage Liability: The Client will be notified in writing of any damage observed within 48 hours of departure. The Client is responsible for all direct and indirect damages caused in the reserved room or elsewhere within the Accommodation and must reimburse the Accommodation for such damages, including any additional costs (legal fees, etc.).
A WIFI connection may be provided according to the prevailing policy. The Client undertakes not to use the Accommodation’s IT resources for unauthorized reproduction or public communication of copyrighted works, images, musical works, software, or similar materials, without the requisite rights-holder authorization as provided for under applicable Portuguese intellectual property legislation. Non-compliance may result in prosecution under the relevant laws.
Unless expressly stated otherwise, the room will be made available on the day of arrival from 3:00 p.m., and the Client must vacate the room by 10:00 a.m. on the day of departure. Failure to comply may result in an additional night’s charge..
The Accommodation will use best efforts to provide the reserved Services on a best-efforts basis. The Client has 8 days from the date of departure to submit any reservations or claims in writing regarding the Services, along with supporting documents. Claims not submitted within this period will be deemed waived.
In exceptional circumstances (including force majeure or the unavailability of the reserved room), the Accommodation reserves the right to re-accommodate the Client in equivalent category accommodation—with similar services—subject to the Client’s prior agreement.
ARTICLE 6 – Right of Withdrawal
Due to the nature of accommodation services and the fixed reservation dates, the Client expressly waives any right of withdrawal as may otherwise be provided under applicable Portuguese consumer protection law. The contract is therefore concluded definitively upon booking by the Client.
ARTICLE 7 – Service Provider’s Liability – Warranty
The Service Provider guarantees, in accordance with applicable legal provisions and without additional charge, that the Services paid for will conform to the agreed specifications and be free from hidden defects. The Services provided via the Accommodation Website comply with the regulations in force in Portugal. The Service Provider shall not be liable for non-compliance with local laws at the destination, which remain the Client’s responsibility to verify.
ARTICLE 8 – Data Protection
In accordance with the applicable Portuguese data protection legislation and the GDPR, the personal data requested from the Client is necessary for processing the reservation, issuing invoices, and related administrative purposes. This data is processed by the Accommodation and may be communicated to its partners involved in the execution, management, and payment of the reservation and the Client’s stay.
The Accommodation may also send newsletters, promotional offers, and post-stay satisfaction surveys by email. The processing of data through the Accommodation Website has been duly declared to the Portuguese data protection authority (CNPD).
Under the GDPR, the Client has the right to access, rectify, restrict, oppose, and port their personal data. Details on how to exercise these rights are provided on the Accommodation Website and in the Personal Data Protection Charter.
ARTICLE 9 – Intellectual Property
The content of the Accommodation Website is the property of the Seller and its partners and is protected by Portuguese and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 10 – Unforeseen Circumstances
These General Terms and Conditions of Sale expressly exclude the application of any doctrine of unforeseen circumstances that might otherwise permit a party to be released from its contractual obligations due to unforeseeable events. Both the Service Provider and the Client waive any right to invoke such a doctrine and agree to fulfill their obligations despite any unforeseen events, even if this leads to an imbalance in contractual performance.
ARTICLE 11 – Cancellation & modification terms
Direct bookings
A. POMAR NA SERRA – Cancellation Terms
- Cancellation more than 30 days before check-in: Guests who cancel their reservation at least 30 days prior to the scheduled check-in date will receive a full refund of their deposit. Refunds will be processed within 30 days.
- Cancellation less than 30 days before check-in: The deposit is non-refundable.
- No-show or early departure: In the event of a no-show or if the guest chooses to leave earlier than the scheduled check-out date, full payment of the reservation is required. No refunds will be issued.
B. POMAR IN THE CITY (Pop-Up Coliving) – Strict Cancellation Policy
- Non-refundable deposit: Regardless of the cancellation date, the deposit is non-refundable, and POMAR Coliving reserves the right to retain 100% of the deposit amount.
- No-show or early departure: In the event of a no-show or if the guest departs before the scheduled check-out date, full payment of the reservation is required.
C. Room Assignment
POMAR Coliving retains the exclusive right to assign or reassign rooms at its discretion. Requests for room changes made by guests are subject to availability and may incur additional charges.
D. Booking Modifications
- Modification request at least 30 days before check-in: Guests may request a change to the reservation dates at least 30 days before the scheduled check-in date, subject to availability.
- No modifications less than 30 days before check-in: No changes to the reservation, including date adjustments or shortening of stay, will be permitted within 30 days of the scheduled check-in date.
- Shortening of stay post-deposit payment: If a guest modifies the reservation to shorten their stay after the deposit has been charged but at least 30 days before check-in, a penalty of €100 plus 3% of the transaction costs will apply.
- No-show or early departure: If a guest arrives and subsequently chooses to depart earlier than the scheduled check-out date, full payment for the original booking is required.
Reservations through a platform
For any cancellation via a platform, please refer to the conditions of your reservation directly on the platform. We do not offer preferential cancellation conditions if you have not booked via our website.
Neither party shall be held liable for any non-performance or delay in performance of their obligations if such failure is due to an event of force majeure (caso fortuito ou força maior) as recognized under Portuguese law.
ARTICLE 12 – Miscellaneous Provisions
These General Terms and Conditions of Sale, together with the Personal Data Protection Charter, the Terms of Sale of the Reserved Rate, the Reservation Request, and the Reservation Confirmation, constitute the entire agreement between the parties and supersede any prior verbal or written agreements.
No waiver, regardless of its nature or duration, shall be deemed to create any right that limits the possibility of enforcing any clause of these General Terms and Conditions of Sale at any time.
If any clause is declared null or unenforceable by a competent court, such invalidity shall not affect the remaining clauses or the validity of the General Terms and Conditions of Sale as a whole.
ARTICLE 13 – Applicable Law – Language
These General Terms and Conditions of Sale, and all transactions arising therefrom, are governed by and subject to Portuguese law.
They are drafted in Portuguese, and in the event of any translation into another language, the Portuguese version shall prevail in case of any dispute.
ARTICLE 14 – Disputes
Any disputes arising out of or related to the purchase and sale transactions governed by these General Terms and Conditions of Sale – including issues concerning their validity, interpretation, performance, termination, and consequences – which cannot be resolved amicably between the Accommodation and the Client, shall be submitted to the competent Portuguese courts.
The Client is also informed that they may, at any time, resort to alternative dispute resolution methods as provided under applicable Portuguese law.
ARTICLE 15 – Pre-Contractual Information – Client’s Acceptance
Before placing a reservation and entering into the contract, the Client acknowledges having received clear and comprehensible pre-contractual information, including:
- The essential characteristics of the Services (considering the communication medium and the specific Service).
- The price of the Services and any ancillary costs.
- The date or period within which the Service Provider undertakes to provide the reserved Services (in the absence of immediate execution).
- Details concerning the identity, postal address, telephone, and electronic contact information of the Service Provider.
- Information regarding legal and contractual warranties and their enforcement.
- The functionalities and, where applicable, the interoperability of any digital content.
- The possibility of resorting to alternative dispute resolution procedures.
- Other important contractual terms.
- Accepted methods of payment.
GDPR Compliance: The Client also consents to the collection and processing of their personal data in accordance with the Personal Data Protection Charter.
By booking on the Accommodation Website, the Client fully and unconditionally accepts these General Terms and Conditions of Sale and agrees to pay for the Services ordered. The Client expressly waives any right to invoke any contradictory document that would be unenforceable against the Service Provider.
POMAR coliving – CHHC lda
Rua da Costa 5B, 8005-459 Faro, Portugal