Service Provider’s Information:
Company Name: Caparica Five Properties, Lda
Head Office: Costa da Caparica, Rua Catarina Eufemia 29, 2825-315
Tax Number: 517062160
Bank Account Number: PT50 0018 0003 5450 1911 0204 6
Contract Language: english
Electronic Contact: https://octopuscaparica.com
Telephone: +351 913 999 865
Email: info@octopushouse.com
1. General Rules
These General Terms and Conditions govern the terms related to the use of the accommodation and services provided by the Service Provider. The Service Provider may conclude separate agreements concerning the services it offers, e.g., with travel agencies or intermediaries, whose specific provisions may differ from these terms.
2. Contracting Party
The services provided by the Service Provider are utilized by the Guest. If the Guest directly places an order for the services with the Service Provider, the Guest becomes the Contracting Party. The Service Provider and the Guest will become contractual parties (hereinafter: Parties) if the conditions are met. If a third party (hereinafter: Intermediary) places the order on behalf of the Guest, the terms of cooperation are governed by the contract between the Service Provider and the Intermediary. In such cases, the Service Provider is not obliged to verify whether the third party is authorized to represent the Guest legally.
3. Contract Formation, Booking, Modifications, and Notification Obligations
The Service Provider sends an offer based on the Guest’s oral or written booking request. If no order is placed within 24 hours after the offer is sent, the Service Provider’s offer becomes null and void. The contract is established through the Service Provider’s written confirmation of the booking sent by the Guest in writing, online, or via email, and is thus considered a written contract. Verbal agreements or modifications, or their verbal confirmation by the Service Provider, do not constitute a contract. For bookings made via the Service Provider’s website (https://octopuscaparica.com), the booking is deemed a concluded contract when the Service Provider sends written confirmation to the Guest. The contract covers the service subject, location, and duration. If the Guest leaves the room before the expiration of the agreed period, the Service Provider is entitled to the full contract price unless otherwise agreed upon by the Parties. The Service Provider is entitled to resell any room vacated before the expiry date.
4. Cancellation and Modification Terms
Cancellations or modifications of booked services are only accepted in writing.
The Guest can modify the booking date or number of guests up to 48 hours before arrival, depending on availability. The Guest cannot cancel the confirmed booking without incurring a penalty after receiving the booking confirmation. In case of cancellation, the Service Provider is entitled to 20% of the total booking fee as a penalty. For cancellations within 30 days before arrival, 50% of the service price is due, and for cancellations within 14 days or no-show, 100% of the booking value must be paid as a penalty.
Special offers may include specific cancellation terms, which are specified in the offer. The Guest acknowledges that the Service Provider is entitled to cancel the booked services, without any further consequences except for refunding any advance payments, if it is unable to provide the services due to unforeseen, unavoidable circumstances beyond its control (hereinafter: “Force Majeure”). In the event of Force Majeure, the Service Provider is obliged to refund any advance payments, but no compensation is required for non-performance due to Force Majeure.
5. Prices
Current prices are displayed on the accommodation’s website (https://octopuscaparica.com).
The Service Provider may change the advertised prices without prior notice.
When providing prices, the Service Provider indicates the applicable tax content (VAT, tourist tax) at the time of the offer. The Service Provider may pass on any additional tax burdens resulting from changes to tax laws, with prior notice to the Contracting Party.
6. Payment Terms
The Service Provider requires payment for services provided by the Contracting Party no later than at the time of departure from the apartment. The Service Provider is entitled to issue partial invoices for the services provided. For room reservations made by phone, email, or through the Service Provider’s website, full payment in advance is required.
The invoice is issued in EUR according to Portuguese tax regulations. For credit card payments, the payment is processed in either EUR or the currency of the Guest’s account. In case of non-EUR accounts, the exchange rate is determined by the Guest’s bank, from which detailed information can be requested. The Service Provider accepts cashless payment methods (credit/debit cards), the list of which is available upon request.
For bookings through the Service Provider’s website, payment can be made by the following methods:
Credit Card: American Express, China UnionPay (CUP), Discover & Diners Club, Eftpos Australia, Japan Credit Bureau (JCB), Mastercard, Visa.
The credit card payment system is provided by Stripe.
7. Conditions for Service Use
Guests may check into the apartment from 15:00 (Check-in) on the day of arrival and must vacate the apartment by 09:30 (Check-out) on the day of departure. The Parties may agree on different times. During their stay, Guests must adhere to the Service Provider’s House Rules. The Service Provider is not responsible for any damage caused by the Guest to other guests. The Service Provider will charge the Guest for any damage caused.
8. Pets
Pets are allowed in the apartment for an additional fee, with a maximum of 2 pets per apartment.
Upon arrival, the Guest must acknowledge and comply with the Apartment House’s Pet Policy. The Guest can check the Pet Policy on the accommodation’s website before arrival or inquire via the provided contact information.
The Guest is fully responsible for any damage caused by their pet.
9. Refusal to Perform the Contract and Termination of the Service Obligation
The Service Provider is entitled to immediately terminate the contract and refuse services if:
- The Guest misuses the apartment or facility provided.
- The Guest behaves improperly, rudely, or under the influence of alcohol or drugs towards the accommodation’s security or staff.
- The Guest suffers from a contagious disease.
- The Contracting Party fails to meet their payment obligations by the specified deadline.
If the contract between the Parties cannot be performed due to “Force Majeure,” the contract is terminated.
10. Guest’s Illness or Death
If the Guest falls ill during their stay and is unable to act on their behalf, the Service Provider will offer medical assistance. In the event of illness or death, the Service Provider is entitled to compensation from the Guest’s relatives, heirs, or payer of the invoice for medical and procedural expenses, as well as for services rendered and any damages caused to equipment or furnishing related to the illness or death.
11. Rights of the Contracting Party
Pursuant to the Contract, the Guest is entitled to use the services belonging to the ordered room free of charge by observing the house rules.The Guest is also entitled to use other facilities of the apartment house (terrace, garage, laundry) in accordance with the House Rules.
The Guest may lodge a complaint regarding the services provided during their stay. The complaint can be recorded in the Guest Book, or the Guest may request a report to be drawn up. The Service Provider is committed to investigating the complaint.
12. Obligations of the Contracting Party
The Contracting Party is required to settle the fees for the booked services by the specified time and method in the contract. The Guest ensures that children under the age of 14 in their care are supervised by an adult at all times. The Guest is prohibited from bringing flammable materials into the apartment, and smoking is not allowed inside the building or in its internal areas.
13. Liability of the Contracting Party
The Service Provider is liable for any damage caused to the Guest within the premises due to the fault of the Service Provider or its employees. The Guest is responsible for any damage caused to the Service Provider or third parties by the Guest, their companions, or any persons under their responsibility. This liability remains even if the injured party is entitled to claim compensation directly from the Service Provider. The Guest must report the damage to the Service Provider immediately and provide all necessary information to clarify the circumstances of the damage, including any police reports if required.
14. Force Majeure
Any event or circumstance (such as war, fire, flood, severe weather, power outage, strike) beyond the control of either party constitutes Force Majeure, relieving the party of their contractual obligations while the event persists. The parties agree to make every effort to minimize the potential impact of such events and to repair any damage or delay as soon as possible.
15. Confidentiality
The Service Provider must handle personal data in compliance with relevant data protection laws. The detailed rules on data handling are outlined in the Service Provider’s Privacy Policy.
16. Governing Law and Competent Court
The legal relationship between the Service Provider and the Contracting Party shall be governed by the local laws of Portugal. Any legal disputes arising from the service contract shall be subject to the jurisdiction of the competent court at the location of the service.