Terms used in these conditions with a capital letter without prior definition have the meaning given to them 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 of each reservation made by the Client.
“Reservation Confirmation” refers to the document summarizing the details of the reservation made by the Client, sent by the Website or the Accommodation to the Client.
“Reservation Request” refers to any request for the reservation of accommodation made by the Client.
“Accommodation” refers to the coliving spaces marketed by the company CHHC lda under the brand POMAR coliving.
“Partners” refers to all service providers who have entered into a service provision contract or partnership agreement with the Accommodation.
“Service” refers to any room reservation service made 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 (‘the Services’) offered by the Accommodation (‘the Service Provider’ or the ‘Accommodation’) to consumers and non-professional clients (‘the Clients or the Client’) on the Accommodation’s Website.
The main characteristics of the Services are presented on the Accommodation’s website.
The Client is required to read them before making any reservation. The choice and purchase of a Service is the sole responsibility of the Client.
The Client declares:
- To have the full legal capacity to commit under these General Terms and Conditions of Sale.
- To make the reservation of rooms and ancillary services for personal needs.
- To be able to save and print these General Terms and Conditions of Sale.
The contact details of the Accommodation are as follows:
Rua da costa 5B, 8005-459 Faro, Portugal. Contact: +351 960 095 334.
These conditions apply to the exclusion of all other conditions, including those applicable to other sales channels for the Services.
The Client is informed that the Accommodation enters into partnership agreements with third-party travel service providers to allow the Client, by using the services offered by these partners on their website, to search, select, and book rooms in the Accommodation. Any room reservation made under these conditions implies the full and unconditional consultation and acceptance by the Client of the specific terms of the provider, the Terms of Sale of the Reserved Rate, and these General Terms and Conditions of Sale. The Client declares to have obtained all necessary and available information from the Accommodation on the Website.
These General Terms and Conditions of Sale are accessible at any time on the Accommodation’s Website and will prevail, if applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the service provider’s computer system constitute proof of all transactions concluded with the Client. Thus, the entry of bank information, the acceptance of the General Terms and Conditions of Sale, the Terms of Sale of the Rate, or the Reservation Request, have the same value between the Accommodation and the Client as a handwritten signature on paper. The computerized records kept in the Accommodation’s computer systems will be kept under reasonable security conditions and considered as proof of communication, orders, and payments made between the Accommodation and the Client.
The Accommodation ensures the preservation of the written document recording the conclusion of the contract in electronic or paper format for a maximum period of 5 years.
The Client is informed that their IP address is recorded at the time of reservation.
In accordance with the Data Protection Act of January 6, 1978, the Client has the right, at any time, to access, rectify, and oppose all their personal data by writing by mail and proving their identity to: Coliving Algarve.
These General Terms and Conditions of Sale also include the Personal Data Charter and the privacy policy.
The Client declares having read these General Terms and Conditions of Sale (including the Personal Data Charter and the privacy policy) and having accepted them by checking the box provided for this purpose before implementing the online reservation procedure as well as the General Terms and Conditions of Use of the Accommodation’s website.
The validation of the Service reservation by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale (including the Personal Data Charter and the privacy policy).
The Client acknowledges having the necessary capacity to contract and acquire the Services offered on the Accommodation’s website.
These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Client’s purchase is the one in effect on the website at the date of the reservation.
These General Terms and Conditions of Sale apply for the duration of the online availability of the services offered by the Accommodation on the Accommodation’s Website. The Accommodation reserves the right to temporarily or permanently close access to its Website.
ARTICLE 2 – Reservations
The Client selects the services they wish to reserve on the Website, according to the following procedure:
- Selection of room type and rate.
- Selection of ancillary services if applicable.
- Verification and validation of the reservation details, the total reservation amount, and the rate conditions.
- Entry of personal details.
- Entry of bank card details in case of guarantee or prepayment.
- Consultation and acceptance of the general terms and conditions of sale and the conditions of the selected rate prior to the validation of the reservation.
- Validation of the reservation.
The Client acknowledges having read the nature, purpose, and reservation methods of the Services offered by the Accommodation and having requested and obtained the necessary information to make a reservation in full knowledge of the facts. The Client is solely responsible for their choice of services and their suitability for their needs, so that the Accommodation’s liability cannot be sought in this respect.
The Client undertakes to complete the information requested on the reservation request and attests to the truthfulness and accuracy of the information transmitted.
The contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Client. Upon request, the information can be provided in other languages; however, the French version prevails in case of dispute.
For reservations made exclusively online, the recording of a reservation on the Service Provider’s website is made when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their reservation. The Client has the opportunity to verify the details of their reservation, its total price, and to correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Client’s responsibility to check the accuracy of the reservation and to report any errors immediately.
The Service Provider will send the reservation confirmation to the Client by email within 24 hours of validating the reservation.
The sale of Services will only be considered final after the Service Provider sends the Client the reservation confirmation by email and after the full payment of the price has been received.
Any reservation made on the Accommodation’s website constitutes the formation of a distance contract between the Client and the Service Provider.
The Accommodation reserves the right to cancel or refuse any reservation from a Client with whom there is an ongoing dispute regarding payment of a previous reservation.
Each reservation is nominative and cannot be transferred to a third party.
ARTICLE 3 – Rates
The Services offered by the Service Provider are provided at the rates in effect on the Accommodation’s website at the time of booking by the Service Provider. Prices are expressed in Euros, excluding and including VAT.
The rates take into account any discounts granted by the Service Provider under the conditions specified on the Accommodation’s website.
These rates are fixed and non-revisable during their validity period, as indicated on the Accommodation’s website, with the Service Provider reserving the right, outside this period of validity, to modify prices at any time.
The rates are indicated before and during the Client’s reservation. They are understood per room for the number of persons and the selected date.
The rates are confirmed to the Client in an amount including VAT (excluding tourist taxes) in the Accommodation’s commercial currency. They take into account the VAT rate applicable on the day of the reservation; any change in the applicable VAT rate will automatically be reflected in the rates indicated on the billing date. The same will apply to any modification or introduction of new legal or regulatory taxes imposed by the competent authorities.
The rates do not include the Tourist Tax, payable directly on-site at the Accommodation.
The Client undertakes to pay these various taxes without any dispute with the Accommodation.
The payment requested from the Client corresponds to the total purchase amount, excluding this Tax.
Unless otherwise stated on the Website, ancillary services (breakfast, etc.) are not included in the price.
Currency conversion is provided for information only and is not contractual. If a rate involves payment directly to the Accommodation at the Client’s arrival or departure and the Client’s currency is not the same as the Accommodation’s, the rate charged by the Accommodation may differ from the one communicated at the time of booking, due to changes in the exchange rate between the booking date and the payment date.
An invoice is issued by the Service Provider and delivered to the Client upon provision of the reserved Services.
ARTICLE 4 – Payment Terms
In the case of full payment on the day of reservation (Non-Cancellable Non-Refundable Rate):
The price is payable in full on the day of reservation confirmation by the Client, according to the terms specified in the “Reservations” section above, through secure payment:
- By credit cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
When making the reservation, the Client provides their bank card details, specifying the cardholder’s name, card number, expiration date (the card must be valid until the end of the stay), and the security code.
Payment data is exchanged in encrypted mode using the SSL protocol.
The Client will present themselves at the Accommodation with the bank card used to make the reservation payment. They may be asked to present identification as part of procedures to prevent bank card fraud.
The Service Provider will not be required to provide the Services ordered by the Client if the price has not been paid in full in advance under the conditions indicated above.
Payments made by the Client will only be considered final after the amounts due by the Service Provider have been effectively received.
In the case of payment in full at the provision of services (Flexible Rate):
The price is payable in full on the day the reserved Services are provided under the conditions defined in the “Provision of Services” section below and as indicated on the invoice provided to the Client, through secure payment:
- By credit cards: Visa, MasterCard, American Express, other blue cards (Ecard bleue).
Payment data is exchanged in encrypted mode using the SSL protocol.
The Accommodation will ask the Client upon arrival to pay a security deposit or authorize the debit of their bank card to guarantee payment of amounts corresponding to services consumed on-site.
The Client will then provide their bank card details, specifying the cardholder’s name, card number, expiration date (the card must be valid until the end of the stay), and the security code.
The Client may be asked to present identification as part of procedures to prevent bank card fraud.
The Service Provider will not be required to provide the Services ordered by the Client if the price has not been paid in full in advance under the conditions indicated above.
Provider have been effectively received.
ARTICLE 5 – Provision of Services
The Services reserved by the Client, including room reservation services and ancillary services, will be provided according to the following terms, under the conditions provided in these General Terms and Conditions of Sale supplemented by the Terms of Sale of the Rate, which the Client has read and accepted when booking on the Accommodation’s Website.
Upon arrival, the Client will be asked to present identification to fulfill their obligation to complete a Police Form.
The Accommodation is entirely non-smoking. The Client will be held responsible for direct and/or indirect damages resulting from smoking in the Accommodation. Therefore, they will be liable for the full amount of cleaning fees and restoring the damaged element or space to its original condition.
Animals: Animals are not accepted in our coliving spaces.
The Client’s personal belongings left in the Accommodation room, including outside the room or in public areas of the Accommodation, are their sole responsibility. The Accommodation cannot be held responsible for loss, theft, deterioration, or damage to said belongings.
The Client agrees and undertakes to use the room responsibly. Any behavior contrary to public decency and order will result in the Accommodation requesting the Client to leave the establishment without any compensation and/or without any refund if payment has already been made. If no payment has yet been made, the Client will be required to pay for the nights consumed before leaving the establishment.
Liability for damage: The Client will be informed in writing of any damage observed within 48 hours of their departure, before any additional billing.
The Client will be held responsible for all direct and/or indirect damages for which they are the author, observed in the reserved room or that they may cause within the Accommodation. Consequently, they undertake to compensate the Accommodation for the amount of said damages, without prejudice to any additional damages, costs of legal proceedings, and lawyer fees incurred by the Accommodation.
A WIFI connection allowing clients to connect to the internet may be offered according to the Accommodation’s prevailing policy. The Client undertakes that the IT resources made available by the Accommodation will not be used in any way for the reproduction, representation, making available, or communication to the public of works or objects protected by copyright or a neighboring right, such as texts, images, photographs, musical works, audiovisual works, software, and video games, without the authorization of the rights holders provided for in Books I and II of the Intellectual Property Code when such authorization is required. If the Client fails to comply with the aforementioned obligations, they could be accused of counterfeiting (Article L.335-3 of the Intellectual Property Code), punishable by a fine of 300,000 euros and three years’ imprisonment. The Client is also required to comply with the security policy of the Accommodation’s internet service provider, including the rules for using security measures implemented to prevent the illicit use of IT resources and to refrain from any act that could undermine the effectiveness of these measures.
Unless expressly stated otherwise, the Room will be made available to the Client on the day of their arrival at 2:00 p.m., and the Client must vacate the room on the day of departure by 12:00 p.m. Failing this, an additional night will be charged to the Client. The Client must verify their departure date. In case of early departure, fees equivalent to one night’s stay will be charged unless the Client has notified the Accommodation at least 24 hours before departure.
The Service Provider undertakes to make its best efforts to provide the Services reserved by the Client, within the framework of a best-efforts obligation.
The Client will have 8 days from the date of departure from the Accommodation to make any reservations or claims in writing regarding the provision of the Services, along with all supporting documents, to the Accommodation.
No claim will be validly accepted in the event of non-compliance with these formalities and deadlines by the Client.
In the absence of express reservations or claims made by the Client within this period upon receipt of the Services, they will be deemed to comply with the reservation in quantity and quality.
In case of relocation:
In the event of exceptional circumstances, force majeure, or the inability to make the reserved room available to the Client, the Accommodation reserves the right to accommodate the Client, in whole or in part, in equivalent category accommodation, with services of the same nature and subject to the Client’s prior agreement.
ARTICLE 6 – Right of Withdrawal
In accordance with Article L 221-28 of the Consumer Code, the Client does not have the right of withdrawal provided for in Article L 221-18 of the Consumer Code, given the nature of the services provided.
The contract is therefore concluded definitively upon booking by the Client under the terms specified in these General Terms and Conditions of Sale
ARTICLE 7 – Service Provider’s Liability – Warranty
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Client against any lack of conformity or hidden defect, resulting from a failure to perform the reserved Services that have been effectively paid for, under the conditions and terms defined in these General Terms and Conditions of Sale.
The Services provided through the Accommodation’s Website comply with the regulations in force in Portugal. The Service Provider’s liability cannot be engaged in the event of non-compliance with the laws of the country in which the Services are provided, which the Client, who is solely responsible for choosing the requested Services, is required to verify.
ARTICLE 8 – Data Protection
In accordance with the Law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Client is necessary for processing their reservation and issuing invoices, among other things.
This data is processed and intended for the Accommodation and may be communicated to its possible partners responsible for the execution, processing, management, and payment of reservations and the Client’s stay.
Furthermore, the Accommodation may send its clients newsletters, promotional offers, and satisfaction surveys by email following their stay.
The processing of information communicated through the Accommodation’s website has been declared to the CNIL.
GDPR: In accordance with the General Data Protection Regulation (GDPR), the Client has the right to access, rectify, restrict, oppose, and port their personal data.
The Client has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, and opposition regarding the information concerning them.
This right can be exercised under the conditions and terms defined on the Accommodation’s website.
The personal data protection policy is available in the Personal Data Protection Charter available on the Accommodation’s Website.
ARTICLE 9 – Intellectual Property
The content of the Accommodation’s website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 10 – Unforeseen Circumstances
These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code for all Service Provider operations with the Client. The Service Provider and the Client, therefore, each waive the right to invoke the provisions of Article 1195 of the Civil Code and the regime of unforeseen circumstances provided therein, agreeing to fulfill their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time of the sale, even if their execution becomes excessively burdensome and to bear all the economic and financial consequences
ARTICLE 11 – Force Majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these conditions, results from a force majeure event, as defined in Article 1218 of the Civil Code.
ARTICLE 12 – Miscellaneous Provisions
These General Terms and Conditions of Sale, the Personal Data Charter, the Terms of Sale of the reserved rate by the Client, the Reservation Request, and the Reservation Confirmation by the Client constitute the entire agreement between the parties within the scope of its purpose. They supersede and cancel, to this extent, any prior verbal or written agreement.
No tolerance, regardless of its nature, scope, duration, or frequency, can be considered as creating any right and cannot limit in any way whatsoever the possibility of invoking each of the clauses of these General Terms and Conditions of Sale, at any time, without any restriction.
Any clause of these General Terms and Conditions of Sale that may be declared null or illegal by a competent judge shall be deprived of effect, but its nullity shall not affect the other stipulations, nor the validity of the General Terms and Conditions of Sale as a whole or their legal effects.
ARTICLE 13 – Applicable Law – Language
These General Terms and Conditions of Sale and the resulting operations are governed by and subject to Portuguese law.
These General Terms and Conditions of Sale are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 14 – Disputes
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences, and follow-up, which cannot be resolved between the Accommodation and the Client, will be submitted to the competent courts under the conditions of common law.
The Client is informed that they may, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or any alternative dispute resolution method (conciliation, for example) in case of a dispute
ARTICLE 15 – Pre-Contractual Information – Client’s Acceptance
The Client acknowledges having received, before placing their reservation and concluding the contract, in a clear and comprehensible manner, these General Terms and Conditions of Sale and all the information listed in Article L. 221-5 of the Consumer Code, including the following information:
- The essential characteristics of the Services, considering the communication medium used and the Service concerned;
- The price of the Services and any ancillary costs;
- In the absence of immediate execution of the contract, the date or period within which the Service Provider undertakes to provide the reserved Services;
- Information regarding the identity of the Service Provider, their postal, telephone, and electronic contact details, and their activities, if not apparent from the context;
- Information regarding legal and contractual warranties and their implementation;
- The functionalities of the digital content and, where applicable, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute;
- Information on important contractual terms;
- Accepted means of payment.
GDPR Compliance: The Client also consents to the collection and processing of their personal data in accordance with the Personal Data Charter.
The fact that an individual (or entity) books on the Accommodation’s Website constitutes full and complete adherence and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Services, which is expressly recognized by the Client, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Service Provider.