Terms and Conditions

1. INTRODUCTION

By using or visiting the website hosted on escarpa-madeira.com (“website”) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, “content”), features and services, including newsletter (collectively, including content , The “services”) made available to you are, as a user or visitor thereof, (“you”), agree to and accept (i) these terms of use (“terms of use”) and (ii) Privacy policy and protection of personal data available in privacy policy.

The site is owned by Escarpa – The Madeira Hideaway (“Escarpa”), with headquarters at Caminho das Fontes 15, 9360-335 – Ponta do Sol, Portugal.

Through the Site, Escarpa gives the User access to the Services. The Services, including updates, developments, new tools and / or new Web properties, are subject to these Terms of Use.

Accommodation reservations can be made through the Site.

2. GENERAL OBLIGATIONS AND RESPONSIBILITIES
Escarpa reserves the right to change these Terms of Use at any time, by allowing itself to making the changes online on the Site, and it is the sole responsibility of the User to verify and comply with them at each use. By accessing the website after the publication of the changes to the this document, constitutes the acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or, generally, with the Terms of Use, you should immediately stop using the website and the Services.

By accessing, using and downloading materials from the Site, the User agrees, in his name and / or on behalf of the entity on whose behalf he is acting, to comply punctually with the provisions In these Terms of Use, ensuring that you have the power to act on behalf of the third party you represent, if that is the case.

The access to the Services is expressly forbidden by any means other than through the interface provided by Escarpa, as well as the access (or attempted access) to the Site and / or the Services Through automated means (including the use of scripts or web crawlers).

The use of this website is expressly prohibited for purposes other than those to which the website is intended, including illegal or any other purposes that may be considered harmful to the image of Escarpa in the Marketplace. Usurpation, counterfeiting, exploitation of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.

It is also prohibited for you to create or introduce on this website any type of virus or program that damages or contaminates or advises third parties to do so.

2.1.USER ACCOUNT

In order to access certain Services and restricted areas of the website, you may be required to provide certain personal data (such as identification and contact details) Scope of the registration process for the creation of a User account on the Site (“User Account”). You must provide a valid e-mail address to which you have a legitimate right of access, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete and accurate.

The User is responsible for maintaining the confidentiality of his password. If you detect any unlawful use of your User Account, you must notify Escarpa immediately. However, you may be held liable by Escarpa or a third party for the unlawful use of your User Account or password.

The User account should only be used by third parties with the consent of the respective holder.

You are solely responsible for any consequential damages or loss of profits caused by your unlawful conduct in using the website, the Services and the Content you make available on the Site.

If Escarpa deactivates or otherwise disengages access to your User Account, you understand and agree that you may be prevented from accessing certain restricted areas of the Site, the details of your User Account or any content therein.



3. Escarpa RIGHTS AND OBLIGATIONS
Escarpa reserves the right to (i) modify, add or remove portions of the Terms of Use at any time; (Ii) modify or terminate the Services for any reason and without prior notice at all times; (Iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or violates third party intellectual property rights or the Terms of Use; (V) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in whole or in part. These changes will take effect from their placement on the Site or the date of sending any communications.

Escarpa is committed to providing technical support to the User with a User Account, which is only available via e-mail.



4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
4.1. OWNERSHIP
All information contained on the Site and the Services and all data and information compiled by Escarpa associated with it (such as data files, written text, Software, music, audio files Or other sounds, photographs, videos or other images) to which you have access as part of the Services or through your use are considered contents of the Escarpa or third party, when properly identified. You may not modify, lease, loan, sell, distribute or create derivative works on the basis of such content (in whole or in part) unless expressly authorized in writing by Escarpa or Hold their intellectual property and personality rights.

You acknowledge and agree that Escarpa retains all intellectual property rights (whether or not those rights are registered and in any part of the world where such rights may exist) relating to Services. Escarpa retains all rights not expressly granted to the User in these Terms of Use.

You also agree not to remove, obscure or alter any notices of intellectual property rights (including copyright and trademark notices) that may be posted or contained in the Services.

4.2. BRANDS AND DERIVATIVES

Unless you have been expressly authorised by Escarpa to do so, nothing in the terms of use gives you the right to use any of the registered trademarks, trademarks, service marks , Logos, domain names and other distinctive Escarpa brand features.

4.3. SOFTWARE
Escarpa grants you a personal, worldwide, free, non-transferable and non-exclusive license to use the booking interface on the site as part of the services provided. This license has the sole purpose of allowing the use of the reservation service as it is made available on the website, in the manner that is permitted by the terms of use.

You may not (and can not allow third parties to) copy, modify, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, Unless expressly permitted or provided by applicable law or the user has been specifically authorised in writing by Escarpa to do so. Unless Escarpa has given you specific written permission to do so, you may not assign (or assign a sub-license of) your rights to use the software, provide a guarantee relating to your rights to use the software. Software or, alternatively, transfer any part of your rights to use the software.



5. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED “AS IS” AND Escarpa MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THEM. IN PARTICULAR, Escarpa DOES NOT GUARANTEE TO THE USER THAT (I) THE USE OF THE SERVICES MEETS THEIR NEEDS OR EXPECTATIONS; (II) THE USE OF THE SERVICES IS NOT UNINTERRUPTED, OR IS TIMELY, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED RESULTING FROM THE USE OF THE SERVICES IS ACCURATE OR RELIABLE; AND (IV) 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 AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMITY TO THE DESCRIPTION) APPLY TO THE SERVICES, EXCEPT TO THE EXTENT IN WHICH THEY ARE EXPRESSLY DEFINED IN THE TERMS OF USE.

THE USE BY THE USER OF THE SITE, THE SERVICES, AS WELL AS ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT HIS SOLE RISK AND EXPENSE, BEING SOLELY LIABLE FOR ANY CONSEQUENTIAL DAMAGES AND LOSS OF PROFITS CAUSED TO THE EQUIPMENT IN WHICH IT MAKES THE USE OR VISUALISATION OF THE SITE, SERVICES AND MATERIALS AVAILABLE THERE.

NOTHING IN THE TERMS OF USE SHALL AFFECT THE RIGHTS PROVIDED FOR BY THE APPLICABLE LAW TO WHICH THE USER IS ALWAYS ENTITLED AS A CONSUMER IF, IN THAT CAPACITY, IT INTERVENES AND RELATES TO THE ESCARPA AND, CONTRACTUALLY, YOU CAN NOT AGREE TO CHANGE OR WAIVE.

NO RECOMMENDATION OR ORAL OR WRITTEN ESCARPA INFORMATION SHALL BE CONSTRUED AS CONSTITUTING A GUARANTEE OF ANY KIND, UNLESS EXPRESSLY PROVIDED IN THE TERMS OF USE.

TO FACILITATE USER ACCESSIBILITY, ESCARPA MAY INCLUDE LINKS TO WEBSITES THAT ARE OWNED OR OPERATED BY THIRD PARTIES. WHEN USING LINKS TO SUCH THIRD-PARTY SITES, YOU MUST REVIEW AND ACCEPT THE RULES OF THAT SITE BEFORE YOU USE IT. THE USER MUST ALSO ACCEPT THAT ESCARPA DOES NOT CONTROL THE CONTENT OF THAT SITE AND CAN NOT ASSUME ANY RESPONSIBILITY FOR THE MATERIALS CREATED OR PUBLISHED BY THOSE THIRD PARTY SITES. IN ADDITION, A LINK TO A NON-ESCARPA SITE DOES NOT MEAN THAT IT SUPPORTS THE SITE OR THE PRODUCTS AND SERVICES REFERENCED HEREIN.


6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESCARPA ASSUMES NO LIABILITY TO YOU FOR:

(I) ANY DAMAGES RESULTING FROM THE USE OF THE SITE AND SERVICES, INCLUDING TRAVEL BOOKING AND / OR ACCOMMODATION;

(II) ANY DAMAGES RESULTING FROM: (A) ANY JUDGMENT OF THE USER AS TO THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISEMENT OR ANY RELATIONSHIP OR TRANSACTION MADE WITH ANY ADVERTISER WHOSE ADVERTISING IS DISPLAYED IN THE ESCARPA SERVICES OR NEWSLETTER; (B) ANY CHANGES THAT ESCARPA MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY TERMINATION OF THE PROVISION OF THE SERVICES (OR ANY FUNCTIONALITIES OF THE SERVICES); (C) THE DELETION, CORRUPTION OR MISREPRESENTATION 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 OF USE; (E) FAILURE TO MAINTAIN THE SECURITY AND CONFIDENTIALITY OF THE PASSWORD OR USER ACCOUNT DETAILS.

DI’S LIABILITY FOR COMPENSATION FOR ANY CONSEQUENTIAL DAMAGES AND LOSS OF PROFITS IN CONNECTION WITH THE WEBSITE AND SERVICES CAUSED BY Escarpa, ITS REPRESENTATIVES OR ASSISTANTS IS LIMITED TO CASES IN WHICH ACTS WITH INTENT OR GROSS NEGLIGENCE. IF YOU DISAGREE PARTIALLY OR TOTALLY WITH THE WEBSITE OR THE SERVICES OR THE TERMS OF USE, YOU HAVE THE SOLE RIGHT TO STOP USING THE WEBSITE OR SERVICES, AS APPLICABLE, AND TO REQUIRE THE CANCELLATION OF YOUR USER ACCOUNT.


7. PRIVACY POLICY
The privacy policy is available under the ‘privacy policy’ menu. The document contains an explanation of the procedures adopted by Escarpa and third parties providing services through the website, in the processing of personal data of its users and the protection of their privacy, in the use of the website and services. You agree that Escarpa collects and treats your personal data in accordance with the privacy policy.

8. GENERIC PROVISIONS
8.1. PREVALENCE
In case of conflict between the terms of use and other specific provisions or specific terms and conditions on the site relating to certain materials, these should prevail.

8.2. EXERCISE OF RIGHTS
The non-exercise or immediate non-implementation of rights or provisions by Escarpa, provided for in the terms of use, shall not be construed as a waiver of them

8.3. INTEGRALITY
The terms of use constitute the entire agreement between the user and Escarpa regarding the use and consultation by the user of the site and the services and regulate their use (excluding any Services that may be provided by Escarpa under a separate written agreement), replacing in full any prior agreements between you and Escarpa regarding the site and the services.

8.4. REDUCTION
The invalidity declared by a judicial or arbitration sentence that has been officially attributed on some of the terms of use does not apply to the rest of the terms of use. Escarpa reserves the right in that case to modify its terms of use in order to make them comply to the new circumstances.

Notifications / communications / complaints

Any notifications and communications from Escarpa to you under the terms of use should preferably be made to the email address or to the address provided by the user in your user account, without prejudice to Escarpa being able to resort to other elements and means of Contact.

Any notifications, communications and complaints from the user should be made, preferably, to the email info[at]escarpa-madeira.com.


9. APPLICABLE LAW
The terms of use, as well as the user’s relationship with Escarpa according thereto, are governed by the applicable laws of the Republic of Portugal. The user and the Escarpa agree to submit to the exclusive jurisdiction of the courts of the county of Ponta do Sol the resolution of any legal issues resulting from the terms of use, without prejudice to the applicable mandatory legal rules. Notwithstanding the above, Escarpa may apply precautionary measures (or equivalent type of urgent legal compensation) in any jurisdiction.

10. ACCOMMODATION
10.1. The characteristics of the accommodation are those included in the reservation. However, since the photographs were not taken on the day of booking by the customer, there may be non-substantial differences between the photograph and the reality at the time of the services contracted by the customer, which do not give the customer the right to any modification of the contract.

10.2. The prices shown are per room, but can be presented per person or due to other characteristics, which in any case will be properly indicated on the website when making a reservation. If a reservation for a number of persons is possible than the normal accommodation size, an extra bed may be placed, which may not have the same comfort and quality as the other beds in the accommodation, reducing its working area, Even with child beds.

10.3. Meals and their specificities are communicated to the customer through the website when making a reservation.

10.4. If nothing is mentioned in the reservation, the diet does not include any meal.

10.5. In case the client presents with more people than those indicated in the reservation to use the accommodation, those responsible for the unit may refuse entry, in which case the Escarpa can not be held responsible.

10.6. If an overbooking situation occurs (ie, more reservations than available accommodation) in the unit where the client’s accommodation is inserted, the client explicitly acknowledges and accepts that the Escarpa may place him in another accommodation or other hotel in the same category ( In any case, ensuring that the quality of the accommodation available is not inferior to that of the accommodation reserved by the customer), without additional costs for the client, and without therefore being entitled to any compensation or termination of the contract.

10.7. As a general rule, the accommodation can be used from 4:00 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). The stay in the accommodation beyond the time of departure practiced may lead to payment of additional amounts, the sole responsibility of the client.

10.8. If the customer does not show up at the hotel by 11:59 PM on the date of entry, the hotel may disregard the reservation and sell the accommodation to a third party, for which Escarpa can not be held liable.

10.9. The customer must comply with the internal rules of use of the unit, if any, and Escarpa can not be held liable for damages suffered by the customer as a result of the violation.

11. PAYMENT
11.1. The client must pay the amount indicated on the booking form as a prerequisite to be able to take advantage of the booked reservation when required.

11.2. Payment of the reservation can be made by the customer (i) on the website, on the date of the reservation or (ii) on the unit, on the date of entry into the accommodation (if this option is available for the type of reservation made by the client).

11.3. If the client chooses to pay the reservation when it is made, it must do so through a credit card of its own, within the list of issuing entities with which Escarpa collaborates and that is made available in the reservation form, being the payment Accepted by the Escarpa within the limits authorised by the entities issuing it.

11.4. Alternatively, if the client intends to pay the reservation only in the accommodation, he can do so in the terms allowed by the unit and should be informed in advance of this or the Escarpa about the means of payment accepted. Nevertheless, Escarpa will always ask for the credit card information, for the purpose of guaranteeing the reservation, at the time of making the reservation on the website, and Escarpa will be obliged to debit it, for the amount corresponding to the amount of the first night reserved, only if (i) the customer does not appear in the accommodation, on the date of entry indicated on the booking confirmation, or (ii) cancel the reservation without the anticipated notice of the reservation, which the client expressly accepts and authorises.

11.5. The credit card information entered by the customer is protected in accordance with the Escarpa privacy policy.

12. COMPLAINTS
12.1. Any deficiency in the performance of the contract in respect of services provided by third party service providers shall be communicated to Escarpa in writing within a maximum period of 20 working days after the end of the services contracted by the customer.

12.2. In order for a complaint to be analysed by the Escarpa, it must have been previously participated by the client to the service provider (accommodation, guides, etc.) during the course of the trip or stay, requiring the same documents corresponding to the event.


13. LIABILITY
13.1. When Escarpa acts as a mere intermediary in the reservation of the services requested by the client, Escarpa’s liability to the client is limited to that resulting from the breach of the obligation to issue the accommodation reservations.

13.2. To the extent permitted by applicable law, Escarpa is not liable for any damages that may arise from any unforeseen circumstances or that are outside its control, and expressly and by way of example: network delays or blockages, interferences, interruptions, Viruses, malfunctions and / or disconnections in the operative operation of the site or in the client’s computer equipment and equipment, or any other anomalous operation of the reservation service for reasons beyond its control that prevent the reservation from being made.

13.5. The client responds to Escarpa in accordance with the law.

14. PERSONAL DATA
In the completion of the reservation form, the client will be requested certain data that can be identified (“personal data”), which will be collected by Escarpa in strict compliance with the law and in accordance with the privacy policy of the site.

15. CONTACTS
All communications or notifications under the contract must be made using the information provided by the customer through the online form.

16. DISPUTE RESOLUTION
In the event of a dispute the consumer may have recourse to an alternative dispute resolution body for consumer disputes: CACCRAM, 291508349, www.srrh.gov-madeira.pt/cacc. More information on the consumer portal www.consumidor.pt.