HOSTEL (Packages) Standard terms and conditions

Oceano Vedeta Unipessoal Lda. Rua da Nora, Edificio Solimar – Apartamento 2B – Burgau – Vila do Bispo Portugal

NIF 514288760 Empresa de Animação Turística Alvará Registro Nº: 323/2017

Hereinafter referred to as “OCEANO VEDETA UNIPESSOAL Lda.” For the respective company contracting partner.


§ 1 Principles and Scope

(1) These terms and conditions govern the contractual relationship between the respective “OCEANO VEDETA UNIPESSOAL Lda. And their customers together with the “OCEANO VEDETA UNIPESSOAL Lda.”, Which is available for download here: LINK. The House Rules are therefore expressly included in the contract. In particular, the smoking ban and the resulting contractual penalties must be observed.

(2) These terms and conditions apply to all contracts for the rental of hostel rooms for accommodation as well as all other deliveries and services provided to the customer. Operating companies.

(3) The subcontracting or re-letting of rooms and their use for purposes other than accommodation requires the prior written consent of the “OCEANO VEDETA UNIPESSOAL Lda.”.

(4) The customer’s terms of business shall only apply if this has been expressly agreed in writing.

(5) Individuals under 16 years of age can not be accommodated. Minors traveling alone from 16 years of age require a written declaration of consent from parents / educators and a suitable proof of authenticity. We strongly recommend the prior arrangement with our reservation department, among others. Since as a rule a sex-mixed accommodation takes place.


§ 2 Contract conclusion, partner, limitation period

(1) The contract is concluded by acceptance of the customer’s request by the “OCEANO VEDETA UNIPESSOAL Lda”. The “OCEANO VEDETA UNIPESSOAL Lda.” Is free to confirm the room booking in writing.

(2) The contracting parties are the “OCEANO VEDETA UNIPESSOAL Lda.” And the customer. If a third party has ordered the customer, he shall be liable to the OCEANO VEDETA UNIPESSOAL Lda as joint debtor for all obligations arising from the accommodation agreement, provided that the OCEANO VEDETA UNIPESSOAL Lda.

(3) All claims against “OCEANO VEDETA UNIPESSOAL Lda.” Shall become statute-barred in one year from the beginning of the knowledge-dependent regular limitation period. Compensation claims become statute-barred after five years. The limitation periods shall not apply to claims based on an intentional or negligent breach of duty by “OCEANO VEDETA UNIPESSOAL Lda.”.


§ 3 Services, Prices, Payment, Offsetting, Fees

(1) The “OCEANO VEDETA UNIPESSOAL Lda.” Is obliged to keep the rooms booked by the customer and to provide the agreed services.

(2) The customer is obliged to pay the prices of the “OCEANO VEDETA UNIPESSOAL Lda” valid or agreed upon for the room transfer and the other services used by him. This also applies to the services and expenses of the OCEANO VEDETA UNIPESSOAL Lda.

(3) The prices include the legal VAT. If VAT increases, “OCEANO VEDETA UNIPESSOAL Lda.” May adjust the contractually agreed price to the increase. The same applies to the introduction or increase of taxes and duties directly related to accommodation. The prices can also be changed by the “OCEANO VEDETA UNIPESSOAL Lda.”, If the customer subsequently changes the number of rooms booked, the “OCEANO VEDETA UNIPESSOAL Lda.” Or the duration of the stay, and the “OCEANO VEDETA UNIPESSOAL Lda. “That agrees.

(4) Invoices of “OCEANO VEDETA UNIPESSOAL Lda.” Shall be payable without deduction within 10 days of receipt of the invoice. The “OCEANO VEDETA UNIPESSOAL Lda.” Is entitled to make accrued claims at any time and demand immediate payment. In the event of a delay in payment, “OCEANO VEDETA UNIPESSOAL Lda.” Shall be entitled to charge the currently applicable statutory default interest of 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The “OCEANO VEDETA UNIPESSOAL Lda.” Remains the proof of a higher damage reserved.

(5) The “OCEANO VEDETA UNIPESSOAL Lda.” Is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract. Stays with a duration of more than seven nights can only be booked with full prepayment.

(6) The customer can offset or reduce the claim against the “OCEANO VEDETA UNIPESSOAL Lda” only with an uncontested or legally binding claim.

(7) Payment on account is only possible with the explicit consent of the “OCEANO VEDETA UNIPESSOAL Lda.” And on presentation of a cost transfer.

(8) Possible bank charges shall be borne by the customer.

(9) In the case of back-office invoices, we shall be charged for the costs incurred. Here we charge a fee of 20,00 € for transfers.


§ 4 Withdrawal of the customer from the contract

(1) The “OCEANO VEDETA UNIPESSOAL Lda.” Grants the customer in principle the right to withdraw from the contract at any time. This does not apply to special rates marked as “non- cancelable”. The exact terms are as follows:


§ 4a Cancellation, Cancellation, Non-utilization of the services of “OCEANO VEDETA UNIPESSOAL Lda.”

For direct bookings on the spot by the end customer at “OCEANO VEDETA UNIPESSOAL Lda.”: Unless otherwise agreed, the booking can be canceled free of charge until 5.00 pm (local time hostel) on the arrival day. (See also §6, paragraph 2) Discounts, specials or special offers are non- cancelable unless otherwise agreed. This applies in particular to the “Package Rate” bookable on the “OCEANO VEDETA UNIPESSOAL Lda.” Homepage. Weather-related failures are also not reversed. A refund does not take place here, the deduction for expenses saved has already been taken into account in the discounted price. The customer is free to prove that the above claim has not occurred or has not occurred to the required amount. For bookings made by third parties (such as travel agencies), the published cancellation conditions apply.


§ 4b Cancellation, Cancellation, Non-utilization of the services of “OCEANO VEDETA UNIPESSOAL Lda.” Cancellation Period: Unless otherwise agreed in the contract, the following cancellation periods apply:

Up to 30 days prior to travel 20% per person From 29 to 22 days before travel 30% per person From 21 to 15 days before departure 50% per person From the 14th to the 3rd day before the start of the trip 75% per person From 2nd to 1st day before the start of the journey 95% per person On the day of travel or non-arrival 100% per person

(2) A withdrawal of the customer from the contract concluded with the “OCEANO VEDETA UNIPESSOAL Lda.” Requires the written form and the written consent of the “OCEANO VEDETA UNIPESSOAL Lda.”. If this is not done, the agreed price from the contract shall be payable even if the customer does not make use of contractual services. This shall not apply in the case of a breach of the obligation of the “OCEANO VEDETA UNIPESSOAL Lda.” For the consideration of the rights, legal interests and interests of the customer, if the latter is no longer to be expected to be bound by the contract or is entitled to another legal or contractual right of withdrawal.

(3) In the event that a deadline has been agreed between the “OCEANO VEDETA UNIPESSOAL Lda.” And the customer in writing for the cancellation of the contract free of charge, the customer may cancel the contract without incurring payment or damages claims of “OCEANO VEDETA UNIPESSOAL Lda.” . The right of withdrawal of the customer expires if he does not exercise his right to rescind the contract in writing against the “OCEANO VEDETA UNIPESSOAL Lda.” Until the agreed date, unless a case of rescission of the customer pursuant to para.

(4) In the case of rooms not used by the client, the “OCEANO VEDETA UNIPESSOAL Lda.” Shall be charged for the income from the rental of the rooms and the expenses saved.

(5) The “OCEANO VEDETA UNIPESSOAL Lda.” Is free to demand the contractually agreed remuneration and to flat-rate the deduction for expenses saved. The customer is obliged in this case to pay at least 90% of the contractually agreed price. The customer is free to prove that the above claim has not occurred or has not occurred to the required amount.

(6) The “OCEANO VEDETA UNIPESSOAL Lda.” Recommends to the customer a travel cancellation insurance.


§ 5 Rescission of the “OCEANO VEDETA UNIPESSOAL Lda.”

(1) If an agreed advance payment or an advance payment as stipulated in §3 (6) of these General Terms and Conditions is not made after the expiry of a reasonable extension of time set by “OCEANO VEDETA UNIPESSOAL Lda.”, A & O GmbH is entitled to withdraw from the contract. The “OCEANO VEDETA UNIPESSOAL Lda.” Is free to make a cancellation according to § 4 Abs 1. Likewise, the “OCEANO VEDETA UNIPESSOAL Lda.” Is entitled to cancel the account if the account has not been paid for outstanding debts. The same shall apply if corresponding items in the case of another of the cooperating companies.

(2) In addition, “OCEANO VEDETA UNIPESSOAL Lda.” Shall be entitled to withdraw from the contract for a reasonably justified reason, e.g. – force majeure or other circumstances beyond the control of “OCEANO VEDETA UNIPESSOAL Lda.” Make the performance of the contract impossible; – the rooms can not be released by the authorities – rooms with misleading or incorrect information on important facts, e.g. In the person of the customer or the purpose; – the “OCEANO VEDETA UNIPESSOAL Lda.” Has reason to believe that the use of the hosting service may adversely affect the smooth operation, security or reputation of the “OCEANO VEDETA UNIPESSOAL Lda.”, Or organizational area of “OCEANO VEDETA UNIPESSOAL Lda.”; – an infringement of §1 para. 3 of these General Terms and Conditions is given.

(3) If the “OCEANO VEDETA UNIPESSOAL Lda.” Is withdrawn, the customer shall not be entitled to claim damages.


§ 6 Room provision, transfer and return

(1) The customer is not entitled to the provision of certain rooms.

(2) The booked rooms are available to the customer from 14:00 on the agreed arrival day. The customer has no claim to an earlier provision. Rooms that have not been paid in advance will be vacated by 18:00 on the agreed day of arrival for the customer. There is no longer any exemption claim on the part of the customer. Please contact the hotel / hostel in case of later arrival.

(3) On the agreed day of departure the rooms of the “OCEANO VEDETA UNIPESSOAL Lda.” Shall be vacated by 11:00 am (Mon-Sun) at the latest. After that The “OCEANO VEDETA UNIPESSOAL Lda.” May charge 50% of the full list price until 6.00 pm due to the delayed evacuation of the room for its use beyond the contract, 100% from 18:00. Contractual claims of the customer are not justified thereby. Guests who have booked a single or double room directly via the “OCEANO VEDETA UNIPESSOAL Lda.” Website (www.kiteschoolportugal.com) have the option to book a “Late check-out”, the check-out -time to 2 pm. (Written confirmation required.)


§ 7 Liability of the “OCEANO VEDETA UNIPESSOAL Lda.”

(1) The “OCEANO VEDETA UNIPESSOAL Lda.” Is liable with due diligence of a proper merchant for its obligations under the contract. Customer claims for compensation are excluded. Except for damages caused by injury to life, body or health, if “OCEANO VEDETA UNIPESSOAL Lda.” Is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by “OCEANO VEDETA UNIPESSOAL Lda.” And damages resulting from an intentional or negligent violation of contractual obligations of “OCEANO VEDETA UNIPESSOAL Lda.”. A breach of duty by “OCEANO VEDETA UNIPESSOAL Lda.” Is equivalent to that of a legal representative or vicarious agent. Should faults or deficiencies occur in the services of “OCEANO VEDETA UNIPESSOAL Lda.”, The “OCEANO VEDETA UNIPESSOAL Lda.” Will be endeavored to remedy the problem if the customer is aware of it or if the client’s immediate complaint is received. The customer is obligated to contribute the reasonable to him in order to remedy the disturbance and to minimize a possible damage.

(2) The “OCEANO VEDETA UNIPESSOAL Lda.” Shall not be liable to the client for items submitted. The “OCEANO VEDETA UNIPESSOAL Lda.” Recommends using this option. Liability claims expire if the customer does not immediately notify the “OCEANO VEDETA UNIPESSOAL Lda” of the knowledge of loss, destruction or damage. For a more extended liability of the “OCEANO VEDETA UNIPESSOAL Lda.”, The above paragraph 1 sentences 2 to 4 shall apply mutatis mutandis.

(3) In so far as the customer is provided with a parking space on the grounds of the hostel or also for a fee, no deposit agreement is concluded. The “OCEANO VEDETA UNIPESSOAL Lda.” Is not liable in the case of loss or damage to vehicles parked or parked on the property and their contents, except in cases of intent and gross negligence. The preceding paragraph 1 sentences 2 to 4 shall apply mutatis mutandis.

(4) Messages, mails and guest deliveries are treated with care. The “OCEANO VEDETA UNIPESSOAL Lda.” Accepts the delivery, storage and – upon request – for a fee – the forwarding of the same. The preceding paragraph 1 sentences 2 to 4 shall apply mutatis mutandis.


§ 8 Final provisions

(1) Amendments or additions to the contract, application acceptance or these terms and conditions for the hostel reception should be made in writing. Changes or additions by the customer are ineffective.

(2) Place of performance and payment shall be the seat of “OCEANO VEDETA UNIPESSOAL Lda.”. (3) The place of business of the respective “OCEANO VEDETA UNIPESSOAL Lda” is the sole place of jurisdiction – including for checks and disputes – in commercial transactions. If a contractual partner does not have a general jurisdiction within the country, the place of jurisdiction shall be the registered office of the “OCEANO VEDETA UNIPESSOAL Lda”.

(4) The law of the country in which the respective “OCEANO VEDETA UNIPESSOAL Lda.” Company is established shall apply. The application of the UN Sales Law and Collision Law is excluded.

(5) Should individual provisions of these General Terms and Conditions be or become invalid or void for the Hostel recording, the effectiveness of the remaining provisions shall remain unaffected. In addition, the statutory provisions apply.

(6) “OCEANO VEDETA UNIPESSOAL Lda.” Dissociates itself in all respects from discrimination, radicalism, violence and xenophobia, and reserves the right not to harbor people who miss this distance. To withdraw from the contract. The “OCEANO VEDETA UNIPESSOAL Lda.” Is free to make a cancellation according to § 4 Abs 1. Likewise, the “OCEANO VEDETA UNIPESSOAL Lda.” Is entitled to cancel the account if the account has not been paid for outstanding debts. The same shall apply if corresponding items in the case of another of the cooperating companies.

(7) In addition, “OCEANO VEDETA UNIPESSOAL Lda.” Shall be entitled to withdraw from the contract for a reasonably justified reason, e.g. – force majeure or other circumstances beyond the control of “OCEANO VEDETA UNIPESSOAL Lda.” Make the performance of the contract impossible; – the rooms can not be released by the authorities – rooms with misleading or incorrect information on important facts, e.g. In the person of the customer or the purpose; – the “OCEANO VEDETA UNIPESSOAL Lda.” Has reason to believe that the use of the hosting service may adversely affect the smooth operation, security or reputation of the “OCEANO VEDETA UNIPESSOAL Lda.”, Or organizational area of “OCEANO VEDETA UNIPESSOAL Lda.”; – an infringement of §1 para. 3 of these General Terms and Conditions is given.

(8) If the “OCEANO VEDETA UNIPESSOAL Lda.” Is withdrawn, the customer shall not be entitled to claim damages.