TERMS AND CONDITIONS

General Terms and Conditions – The Plantation Faial

“The Plantation Faial”, TPF, is a bed and breakfast accommodation with five double rooms in the parish of Feteira on the Island of Faial in the Azores, Portugal. TPF is operated by Atlantic Plantation Unipessoal Lda., a private limited company with a registered capital of EUR 5000 owned for 100% by Andreas Werner Merz, NIF 295 804 785, resident at TPF. The term TPF is used in the following document interchangeable with the name of the operating company Atlantic Plantation Unipessoal Lda. TPF is registered with the relevant authorities and has the license number RRAL nº 4529.

The Plantation Faial
Rua de São Pedro 4
9900-361 Feteira HRT
Portugal

License Alojamento Local: RRAL nº 4529

Contacts:
Mobile phone +351 924 070 077
info@visitfaial.com
www.theplantationfaial.com

Atlantic Plantation Unipessoal Lda.
Rua de São Pedro 4
9900-361 Feteira HRT
Portugal

License Alojamento Local: RRAL nº 4529
License Guided Tours: 17/2021/RAA
NIF: 515 144 428
EU VAT: PT515144428

Banco BPI
IBAN: PT50 0010 0000 56810620001 51
SWIFT/BIC BBPIPTPL

Contacts:
Mobile phone +351 924 070 077
info@visitfaial.com
www.theplantationfaial.com
www.visitfaial.com

1. About this General Terms and Conditions

The present document applies to any relationship between TPF and guests making a reservation or staying at TPF.

By making a reservation at TPF the lead guest and the accompanying guests automatically accept these General Terms and Conditions.

For reservations made directly by travel agencies with TPF, the separate General Terms for Agencies or a separately concluded agreement between TPF and the agency regulate the relationship between TPF and the agency. The relationship between the guests and TPF is regulated by the present document.

2. General Description

TPF has 5 fully equipped premium double rooms as described below. TPF is located 500m from the coast and surrounded by an organic banana and tropical fruit plantation managed by the owners.

• All rooms have a private en suite bathroom
• All rooms have air conditioning
• All rooms have a private terrace or veranda
• All rooms are equipped with smart tv’s and provide the most common national and international TV channels through applications
• All rooms and the common areas have free high speed wifi
• A common tea kitchen is available to the guests to prepare snacks only
• A private parking lot is available to the guests
• The fruit plantation can be visited by the guests
• A rich breakfast buffet is included in the stay and served from 8 to 10 or upon request
• Room characteristics:
  • Azul, the Blue Room, 21m2, queen size bed, private terrace with ocean view and Mount Pico view, first floor
  • Preto, the Black Room, 20m2, queen size bed, private terrace with ocean view and Mount Pico view, first floor
  • Laranja, the Orange Room, 18m2, king size bed, private terrace with ocean view and Mount Pico view, first floor
  • Verde, the Green Room, 24m2, queen size bed, private veranda with garden view, ground floor
  • Amarelo, the Yellow Room, 13m2, queen size bed, private veranda with garden view, ground floor, enhanced accessibility
• All rooms have a maximum occupancy of 2 persons
• Children below the age of 12 are only permitted upon special agreement
• No pets are permitted
• The guests must avoid making any noise between 22:00 and 7:00. Guests are asked to respect the other guests.
• Smoking is only permitted in open areas. Guest are asked to respect the other guests.
• Check in is from 15:00 or upon agreement, all guests must provide in line with legislation a valid identification document.
• Check out is until 11:00 or upon agreement.
• Additional services such as airport transfer, guided tours, whale watching, lunch packs, wine tastings etc. can be provided upon request and availability

3. Guests

The lead guest is the person responsible for the reservation of the stay at TPF. The lead guest is responsible for the accompanying guests. The lead guest can make a reservation for one or more rooms.

The lead guest must be of legal age to enter into a contract with TPF. The lead guest is held liable and responsible also for any act of the accompanying guests.

In case of a reservation made through a third party such as a travel agency TPF reserves the right to hold the lead guest as well as the third party liable and responsible.

4. Reservations

A reservation entitles the guests to stay for the agreed time in the agreed room at an agreed price at TPF. Any change in reservation must be agreed in advance with TPF.

The general prices for the stay are published on the website of TPF. TPF reserves the right to modify the prices at any time without notice. The booking system Avaibook or third-party booking sites or travel agencies might offer different prices. The finally valid price is always the price indicated in the respective booking channel. TPF is not obliged to match the prices of these booking channels.

Reservations for rooms at TPF can be made through several booking channels. Directly by email or in person with TPF, through the website of TPF via the booking system Avaibook, through a third-party booking site or through a travel agency.

Reservations are only valid if they have been confirmed by TPF in line with the communication means of the respective booking channels. Normally a reservation is confirmed by email.

TPF reserves the right not to accept a booking without having to state the reason.

A reservation is valid for a stay of one or more days at TPF and agreed in advance. The stay cannot start earlier, later or exceed the agreed days of stay unless agreed in advance with TPF.

Reservations must be made at least two days prior to check in. Any later reservation must be explicitly acknowledged by TPF.

In case of reservation through the booking system Avaibook, a third party booking site or a travel agency. The terms and conditions for the reservation of these booking channels apply They might differ from the terms and conditions stated henceforth.

5. Cancellations

Bookings at TPF can be cancelled by the lead guest 14 days before check in with reimbursement of already made downpayments deduced by banking and administration costs. The minimum banking and administration cost are EUR 20 per booking. In case the real costs are higher, they are deduced on top.

If a reservation is cancelled at a later date it is not refundable. A cancellation by the lead guest automatically leads to a cancellation of the entire reservation.

If the booking system Avaibook, a third-party booking site or a travel agency have different terms of cancellation, those terms apply.

TPF reserves the right to cancel any reservation at any time without being obliged to state a reason. In the unlikely event TPF has to cancel a reservation the lead guest is entitled to a full reimbursement of the already made payments to TPF. TPF is not obliged to compensate the lead guest for any further compensation or losses or damages. TPF will try at best effort to find an alternative solution for the cancelled reservation.

6. No show

No show means that the guest does not arrive on the first day of the reserved stay. Unless agreed with TPF in case of no show the full cost of stay is charged to the lead guest.

In case of no show the entire reservation is cancelled.

7. Payment and Invoicing

The full price of the stay at TPF must be made by the lead guest in line terms of the booking channel. The different booking channels might offer different payment modalities. In general payments shall be made directly through the options offered by the booking channel. Upon agreement payment can be made directly by wire transfer to the bank account of Atlantic Plantation Unipessoal Lda. as stated in this document.

TPF will issue an invoice to the guest with the full amount of the reservation including VAT in accordance with current regulations. In case the guest would like to have an invoice issued with a specific tax number the guest must request such an invoice on the day before check out.

TPF will add to the invoice the costs of any additional services consumed by the guests during their stay at TPF.

In case the guests made their reservation through an agency, invoicing will be made in line with the agreement between TPF and the agency.

8. Responsibility, liability, Insurance and safety

The guests are liable for any intentional or unintentional damages caused and must reimburse all resulting costs.

The guests use the premises including the garden and the equipment on their own responsibility and risk. TPF will not issue any specific warnings for any potential foreseeable or unforeseeable risks.

Guests are advised to have their travel and liability insurance to ensure coverage both for personal responsibility, liability and for any damages, injuries, claims or inconveniences during their stay at TPF.

TPF cannot be held liable, neither by the guests nor by a third party booking site or a travel agency for any damages, injuries, claims or other inconveniences endured by the guests.

9. Privacy

TPF collects and stores the personal data of the guests for the following purposes:

• Booking of the stay.
• Payment of the stay.
• Contact of the guests before, during and after the stay.
• Tax purposes
• TPF might ask the guests to provide their personal data for further use such as marketing or communication to third parties.

The guests have in line with valid legislation the following rights relative to their personal data:

• right to information about the purpose of the data collection
• right of access, rectification and deletion of the data
• right of opposition to the use of data for marketing purposes or communication to third parties
• if the guests wish to make use of the abovementioned rights, they can exercise it by sending their request to do so to the following email address: info@visitfaial.com

TPF reserves the right to make audiovisual recordings and publish those at own discretion at any point of time in any kind of medium for any kind of purpose. The guests have the right to deny TPF the use of any audiovisual recordings depicting the guests. All copyrights and rights of use of the audiovisual recordings are exclusively owned by TPF.

10. Complaints and suggestions

In the case the guests are not satisfied with the stay or any service provided, the guests must immediately address their complaint or suggestion to the staff of TPF. TPF will at best efforts try to rectify the situation to ensure the full satisfaction of the guests.

TPF does not accept any claims due to complaints. TPF will try at best effort to take any remedies to solve the complaint.

In line with valid legislation, Atlantic Plantation Unipessoal Lda. has a complaints book which is available in the reception of TPF. The guests or the agency also have the possibility to file a complaint online on the following website:

https://www.livroreclamacoes.pt/inicio .

Any conflict which cannot be solved by agreement between TPF and the guests or the agency shall be referred to commercial court of Horta.

11. Force majeure

TPF cannot accept liability or pay any compensation where the performance or prompt fulfilment of contractual obligations is prevented or affected the guests suffer any damage or loss as a result of force majeure.

Force majeure means any event that TPF cannot, even with the utmost care, foresee or avoid. Such events may include war or threat of war, riot, civil conflict, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events beyond the control of TPF.

12. Validity

These terms and condition can be modified or revoked at any time and without notice. TPF reserves the right to enter into individual agreements with its guests or the agency, in such case these agreements must be made in written and confirmed by email to the guests or the agency. Individual agreements supersede these general terms and conditions.

In case accommodation is offered through third party websites or third-party booking software or travel agencies or partners, the terms of the third party apply. TPF cannot be held responsible or liable for any act of third-party websites or third-party booking software or travel agencies or partners.

These general terms and conditions can be issued in several languages, in case of discrepancy, the English version shall prevail.

The current version of the terms and conditions is valid from of November 28 2024 until any further notification, modification or revoking.