CONDITIONS FOR CONTRACTING THE COMPORTA PRIME RENTALS SERVICE
1. CONTRACTING PARTIES
The conditions herein shall be applicable between the owner or authorised representative (hereinafter the “Owner”) of the holiday accommodation (hereinafter the “Accommodation”) and Comporta Prime Rentals (“Comporta Prime Rentals”) for the joint objective of attaining (1) promotion of the former party’s Accommodation through the website, as appropriate, belonging to Comporta Prime Rentals, and 2) satisfaction of travellers (hereinafter the “Traveller”) , i.e., publicize the Accommodation on offer and render Travellers the best level of service. For the Traveller’s benefit, the Owner and Comporta Prime Rentals coincide in building the best promotion channel for the Accommodation being offered.
2. The Contract
The Contract between the Owner and Comporta Prime Rentals comprises the following documents, which altogether shall be considered to comprise “the contract”:
2.1. These Service Conditions
2.2. The specific Advertising Plans which the Owner contracts for the Accommodation
2.3. The Terms & Conditions
2.4. Other conditions contained in the forms that it is necessary to fill out to contract this service.
2.5. These Service Contracting Conditions shall not be applicable to other services that Comporta Prime Rentals offers free of charge to the Owner and/or the Traveller on its website, such as by way of example but not exclusively, tourist information, which shall, however, be subject to the Legal Notice.
3. Acceptance of the Contracting Conditions
3.1. By accepting the Service Contracting Conditions herein, the Owner will have access to the promotion plans offered by Comporta Prime Rentals to promote the Accommodation and they will be expressly accepting the conditions set forth in the Terms & Conditions, which they should read carefully before proceeding, as well as any of the forms it may necessary to fill out to contract this service.
3.2. Once the contracting process has been concluded, the User will receive notification confirming the contracting at the e-mail address they have provided on the form; the Owner may access their calendar at any time through the Owners’ area.
4. Advertising Plans
4.1. Details of Comporta Prime Rentals’ promotion plans are available here.
4.2. The advertising plans are directed at Accommodation of a short-term nature, the Owners or legal representatives of which decide to make available to third parties through the website and any other means which Comporta Prime Rentals may possess in the future.
4.3. The prices of the plans will be given on the URL indicated. Other taxes applicable in each case and at any time will have details provided in this document.
4.4. The Owner shall pay for the service using the means of payment made available by Comporta Prime Rentals.
5. One Year Subscription – Basic
5.1. The Owner may opt for the plan “One Year Subscription – Basic”, as is described here.
5.2. Subscription. Under the One Year Subscription – Basic, the Accommodation shall always be published for a year and Comporta Prime Rentals will not charge the Owner any commission if a booking is confirmed for their Accommodation.
5.3. In addition to the subscription indicated, the aforementioned One Year Subscription – Basic will incur the following costs:
5.3.1. IVA (VAT)
5.4. Cancellations policy. The Owner is responsible for defining the cancellations policy they wish to apply for each Accommodation Unit, and for complying with this for each of the bookings received through Comporta Prime Rentals. The following are the cancellation case types that may occur:
5.4.1. Cancellation by the Traveller within the deadline allowed under the cancellation conditions set by the Owner. The owner is responsible for reimbursing the Traveller for the Deposit paid, minus bank charges.
5.4.2. Cancellation by the Traveller after the deadline allowed under the cancellation conditions set by the Owner. The Traveller forfeits the entire amount paid at the time of Booking (unless the Owner allows change of dates or accepts to refund the Traveller) as per the conditions indicated.
5.5.3. Cancellation by the Owner once the booking has been confirmed. The Owner assumes liability for the administration and bank charges applied and must refund the Traveller for the Deposit paid.
6. Pay Per Booking – Basic
6.1. Alternatively, to the promotion plan described in section 5, the Owner may opt for the plan Pay Per Booking – Classic, as is described here.
6.2. Commission. Under the plan Pay Per Booking – Classic, the Accommodation shall always be published free of charge and Comporta Prime Rentals shall only charge the Owner a commission if a booking is confirmed for their Accommodation. The commission set is described here.
6.3. In addition to the commission indicated, the aforementioned plan Pay Per Booking – Classic will incur the following costs:
6.3.1. IVA (VAT);
6.3.2. A 2% commission fee (on the deposit or any other amount charged through its payment gateway), not including IVA (VAT).
6.4. Cancellations policy. The Owner is responsible for defining the cancellations policy they wish to apply for each Accommodation Unit, and for complying with this for each of the bookings received through Comporta Prime Rentals. The following are the cancellation case types that may occur:
6.4.1. Cancellation by the Traveller within the deadline allowed under the cancellation conditions set by the Owner. Comporta Prime Rentals is the party responsible for reimbursing the Traveller for the Deposit paid, minus administration and bank charges (2% of the Deposit or any other amount charged through its payment gateway, not including IVA/VAT).
6.4.2. Cancellation by the Traveller after the deadline allowed under the cancellation conditions set by the Owner. The Traveller forfeits the entire amount paid at the time of Booking, which will be paid to the Owner (minus the administration and bank charges applied and the commission fee applied by Comporta Prime Rentals) as per the conditions indicated.
6.4.3. Cancellation by the Owner once the booking has been confirmed. The Owner assumes liability for the administration and bank charges applied (2% of the Deposit or any other amount charged through its payment gateway, not including VAT) and the commission fee applied by Comporta Prime Rentals.
6.5. Anti-fraud Guarantee. The Accommodation units will have an Anti-fraud Guarantee activated. It is a security safety-net for the Traveller vis-à-vis possible fraudulent Accommodation units. It involves the amount charged as the Deposit for an Online Booking managed by Comporta Prime Rentals being retained in the Owner’s account on Comporta Prime Rentals up to a period of 48 hours after the start of the Traveller’s stay. By having the Anti-fraud Guarantee activated, Comporta Prime Rentals promises that if the Traveller were to commence their stay and the accommodation did not exist or were fraudulent, and they notified this within less than 48 hours from the start of their stay, Comporta Prime Rentals would reimburse the Traveller the amount paid as the Deposit.
This concept shall not be understood to include disagreements between the Traveller and the Owner for shortcomings in the service or for any reason other than the non-existence or the conclusive existence of a fraudulent accommodation unit. The Owner may decide whether or not to maintain this guarantee whenever the Accommodation unit is validated and accepts as part of the service that this Guarantee is activated whenever the Accommodation is not validated.
6.6. No Owner may ask Travellers for Deposits by any means other than through Comporta Prime Rentals; otherwise, Comporta Prime Rentals may take any measures it deems necessary, including withdrawal of the service.
7. Obligations Incumbent on Comporta Prime Rentals
7.1. The Owner may change the Contents of the Accommodation by request.
7.2. Comporta Prime Rentals shall provide the Owner with a username and password to be able to enter and manage the calendar availability on the Accommodation they have entered. The Owner shall keep the username and password safe and confidential and shall be the only person responsible for the use made of them.
7.3. Comporta Prime Rentals has taken all the technical and security measures, to keep the service available almost 100% of the time. However, due to inevitable technical limitations, Comporta Prime Rentals shall not be held liable for any possible temporary interruption in the service. In the unlikely event of an interruption lasting more than one week, Comporta Prime Rentals would compensate the Owner with an additional week of the promotion they have contracted.
7.4. Comporta Prime Rentals reserves the right to select the Accommodation units that can come onto the Portal, applying quality criteria and internal control procedures.
7.5. Comporta Prime Rentals shall issue an invoice for the services rendered to the Owner if the latter so requests.
7.6. Comporta Prime Rentals authorises the Owner, who so requests of it, to include links offered by Comporta Prime Rentals on their own website. Comporta Prime Rentals reserves the right to refuse the Owner use of said links and in particular when the latter carries out unauthorised modifications or contextualization.
7.7. Comporta Prime Rentals has introduced a quality and control system for the Accommodation units appearing on its Portal.
7.8. Comporta Prime Rentals makes recommendations in err of satisfactory rentals and warnings aimed at Travellers, which the Owner acknowledges they are aware of and accept.
7.9. Comporta Prime Rentals may make new recommendations and implement new control measures aimed at enabling satisfactory rentals, free of irregularities and fraud between Travellers and Owners. Some of these measures both present or future may require the Owner to submit documentation to confirm the truthfulness of the information they offer concerning ownership, conditions and location of the Accommodation to raise an Accommodation’s reliability. The Owner promises to provide said information when Comporta Prime Rentals requires it to do so.
7.10. Amongst other measures, all Accommodation units that have been published for less than twelve (12) months will be indicated on the Portal with the warning: “Not verified”. The Owner can eliminate said warning from their Accommodation, fulfilling any of the following conditions or others that Comporta Prime Rentals may implement in the future.
7.10.1. At the request of the Owner, Comporta Prime Rentals may send an alphanumerical code by post to the Accommodation address; the Owner should write an e-mail to Comporta Prime Rentals reporting the alphanumerical code received in the Accommodation letter box; or
7.10.2. the Owner may contract a photo book: A photographer authorised by Comporta Prime Rentals and contracted by the Owner will go to the Accommodation and take photographs of it for the price stipulated at any time for this service. In this latter case, the notification “Verified Property” will appear on their Accommodation. The contacting of this service will be subject to the contracting conditions set forth by Comporta Prime Rentals.
7.11. In the event of such a warning being produced or the Accommodation not fulfilling any of the quality and internal control criteria, the Accommodation may be immediately withdrawn from the Portal; it will be restored if the Owner accredits that the control requirements demanded by Comporta Prime Rentals are met.
7.12. In any event, Comporta Prime Rentals shall not intervene nor be held liable for the contacting of services between the Owner and /or the Traveller; neither shall it be held liable for decisions taken based on the information supplied by the Portal.
8. Obligations Incumbent on the Owner
8.1. The Owner shall pay the price Comporta Prime Rentals sets for rendering its services.
8.2. The Owner declares to possess legitimate ownership rights to avail themselves of the property or, if applicable, authorisation of the same and all the administrative licenses and authorisations which may, if applicable, be necessary to lawfully undertake the activity.
8.3. The Owner shall provide truthful, up-to-date and precise information on the characteristics of the Accommodation they offer on the website. The Owner shall be responsible for the information and Contents provided by them and undertakes to keep said details updated at all times.
8.4. The Owner authorises Comporta Prime Rentals to organize the information and Contents published by them in order to expedite use of the website and the information published about the Accommodation.
8.5. In order to give the Traveller the best service, the Owner promises to keep the information on the Accommodation up to date and to provide greater detail and extend the information published on the website by telephone, e-mail or any other means, when so requested by the former.
9. Intellectual and Industrial Property
9.1. Comporta Prime Rentals is the holder of the intellectual and industrial property rights, or has obtained the corresponding authorisations or licenses for their exploitation, on the domain name, the trademarks or distinctive signs, information, database and the other works and inventions related to the website, app, if applicable, and the technology associated with the same, as well as on their contents.
9.2. The contents of this website, including designs, applications, text, images and source code (jointly referred to as the “Content”), are protected by intellectual and industrial property rights.
9.3. The Content may in no way be used, reproduced, copied or transmitted without prior, express, written permission from Comporta Prime Rentals.
9.4. Comporta Prime Rentals is the owner of registered trademarks, the exploitation rights of which belong exclusively to Comporta Prime Rentals.
9.5. The Owner declares to have all the permits and licenses for the images, distinctive signs and contents that may be included in the contents to be published by Comporta Prime Rentals, exonerating Comporta Prime Rentals of any liability in this respect.
9.6. The Owner authorises the photographs they insert in their advertisement to be reproduced, distributed and published for dissemination of the content of the advertisements and for Comporta Prime Rentals watermarks to be added, in order to avoid these photographs being used or published by unauthorised third parties.
9.7. Likewise, the Owner grants Comporta Prime Rentals a license on the contents included on the website, for the sole purpose of rendering the service contracted, as per these contracting conditions.
9.8. In those cases in which Comporta Prime Rentals is contracted by the advertiser to take photographs of the properties, said photographs shall belong to Comporta Prime Rentals, and this shall be indicated on them; however, Comporta Prime Rentals, shall award the advertiser an indefinite license with no geographical constraints to use them, in order for them to be included and published in advertisements on the website.
10. Personal Data Protection
10.1. Comporta Prime Rentals informs the Owner of the existence of a file containing personal data which may contain personal data regarding their person obtained through the Portal and/or the aim of which is statistical, for redefining services offered, for security for controlling quality and for maintaining and managing the business and legal relationship binding them to Comporta Prime Rentals, as well as, if applicable, the sending of Newsletters and or commercial or promotional notifications.
10.2. The Owner expressly accepts the data collected during the browsing of the website or supplied by filling out any form, as well as resulting from the commercial relationship with Comporta Prime Rentals, be included on the aforementioned automated personal data file. During the data collection process, and in any place on the website where said data is requested, the Owner will be informed of whether collection of said data is compulsory or not for Comporta Prime Rentals to render the services.
10.3. Likewise, by accepting this Contract the Owner consents to their data being used to send them commercial and informational communications (by any means, including e-mail, SMS, etc.), concerning the service rendered by Comporta Prime Rentals.
10.4. Comporta Prime Rentals may undertake additional promotional tasks for the Accommodation offered by the Owner in media other than the website (e.g. other websites, digital or physical publications, Internet search engines, etc. aimed at potential travellers). The Owner authorises Comporta Prime Rentals to use the Contents submitted to transmit them to third parties for the purposes of promoting their Accommodation.
10.5. Comporta Prime Rentals informs the User that, in compliance with tax regulations applicable at any time and in any country, it may notify the Tax Authorities of the personal details concerning your persona obtained through this website.
11. Comments, Opinions and other Contents from Travallers
11.1. Comporta Prime Rentals and the Owner have the joint objective of promoting the Accommodation that the Owner is offering.
11.2. The opinions and other Contents entered by Travellers are a key element to the success of the website and for the Owner to receive bookings or contacts with Travellers through Comporta Prime Rentals.
11.3. When it comes to assessing the Contents or opinions from Travellers, Comporta Prime Rentals must respect their freedom of opinion and expression.
11.4. To this end, the Owner and Comporta Prime Rentals accept that Travellers have a free rein in their contributions concerning the Accommodation, be they negative or positive. Comporta Prime Rentals does not intervene in the Contents entered by Users which are dumped directly and exclusively at the liability of the latter, although it may withdraw those which manifestly and expressly are in breach of the conditions set forth in the Legal Notice.
11.5. Comporta Prime Rentals is not responsible for Travellers’ comments or opinions or the possible damage or harm they may cause. Travellers who submit opinions or enter Contents must identify themselves and be registered in Comporta Prime Rentals archives. However, under the personal data protection regulations, Comporta Prime Rentals is not authorised to supply Travellers’ personal data without their consent or a request from a competent legal or administrative authority.
11.6. The Owner may reply to an opinion from a Traveller, provided that the Owner identifies themselves with their name and complies with the same conditions required for comments from Travellers.
12. Contract Duration
12.1. The Owner may subscribe the specific promotions that appear here. The promotions incurring a fee contracted by the Owner are for the duration cited in said section as from their subscription and the application being accepted by Comporta Prime Rentals, the date of which will be indicated in the e-mail and invoice that Comporta Prime Rentals will send to the Owner.
12.2. Promotions that are free of charge and do not incur a fee can be withdrawn or modified by Comporta Prime Rentals at any time and with no prior warning. Likewise, the Owner may at any time request their exclusion from such promotions.
12.3. Irrespective of how long the promotion contracted for the Accommodation lasts, this contract shall be understood to be extended indefinitely, unless previously waived by either of the parties.
12.4. Comporta Prime Rentals reserves the right to review the prices or other conditions of any of its promotions with no forewarning. In this case, the automatic extension shall not be applied and Comporta Prime Rentals shall have to ask the Owner to accept the new conditions. The new conditions shall only come into effect upon conclusion of the period subscribed by the Owner.
12.5. The Owner may cancel the Accommodation promotion on Comporta Prime Rentals at any time. If the Accommodation offered Online Booking, Comporta Prime Rentals will continue processing the bookings processed prior to cancellation and keep the Accommodation page until all stays booked are completed.
13. Contract Termination
13.1. The contract shall be terminated early if either of the parties are found to be in serious breach of any of the obligations incumbent on them by virtue of this Contract, considering the following, among others, to be serious breaches:
13.1.1. That the Owner places information that is clearly inaccurate on the website or which is not true as regards the features, location or ownership of the Accommodation;
13.1.2. That, in the case of being so required by Comporta Prime Rentals at any time during the life of this Contract, the Owner does not submit documentation accrediting the truthfulness of the information published regarding the ownership and conditions of the Accommodation;
13.1.3. That the Owner refuses to let Travellers freely post their contributions, opinions or Content regarding their Accommodation;
13.1.4. That the Owner does not pay or is over 5 days late in paying the promotions contracted with Comporta Prime Rentals.
13.2. If the service for which this Contract is subscribed were interrupted for reasons of Force Majeure, said obligation would be suspended for the time and to the extent that were justifiable. Force Majeure is considered any event or circumstance not controlled by the parties or any other contingency that cannot be foreseen, or if foreseeable, were unavoidable in keeping with the stipulations and jurisprudence in Article 1.105 of the Spanish Civil Code.
14.1. Comporta Prime Rentals files the data contained in the Contract electronically. The Owner/User may send an e-mail to Comporta Prime Rentals to detect and correct any errors. The Contract may be subscribed in Portuguese and/or English, however the only version valid for legal purposes is that worded in Portuguese.
15. Jurisdiction and Applicable Legislation
15.1. The legislation applicable to terms as laid out in this contract, as well as the interpretation and resolution of conflicts that may arise between the parties will be that of Portugal.
15.2. In case of possible litigation, both parties agree to appeal to the appointing authority that they may consider more appropriate for that purpose: the CACCL that stands for Arbitration Centre and Consumption Conflict of Lisbon (Address: Rua dos Douradores, nº 116 – 2º, 1100-207 Lisboa) or Justices of the Peace in Setúbal (Address: Rua Alferes Pinto Vidigal, nº10 – A, 1º, 2900-557 Setúbal).