Guest Terms & Conditions
TERMS AND CONDITIONS relating to CAR PARKING, RESERVATIONS AND ROOM OCCUPANCY (“Guest Terms”)
1.1 These Guest Terms shall be made between:
(a) Solar Branco Lda incorporated and registered in Portugal with accommodation number 2911 whose registered office is 16A Canada Francisco Cabral, Livramento, Ponta Delgada, 9500-604, Sao Miguel, Acores, Portugal (“SB”) which company acts as booking entity by which your reservation is made;
(b) The hotel in which the Guest stays, visits or uses hotel facilities, details of such entity being available from our website, front desk, guest registration card or hotel generally (“Hotel”). The Hotel is incorporated and registered in Portugal whose registered office is at 16A Canada Francisco Cabral, Livramento; and
(c) the individual or corporate party booking the reservation and/or completing the registration card (“Guest”).
1.2 The Guest shall act as agent for other guests (if any) in the party (“Group”) and by booking with SB and the Hotel and completing and signing the guest registration card the Guest confirms he/she has authority from the Group to act on its behalf and in so doing individual members of the Group contract with SB and the Hotel on these terms.
1.3 SB acts as an agent on behalf of the Hotel (and/or the owner of the property if different) at which the reservation is made and as indicated on the front of the guest registration card in clause 6, 7 and 8.2, for all other clauses SB acts as principal to this Agreement.
1.4 The reservation shall be subject to the Guest Terms and any additional booking terms which have been notified to the Guest at the time of booking (“Booking Terms”). In case of conflict, these Guest Terms prevail over any Booking Terms save for any expressly amended, authorised and agreed cancellation rights and payment terms including but not limited to wholesale contracts, meeting and event contracts, corporate rates and online travel agency agreements. No change to these Guest Terms is permitted without the express written consent of SB.
2.1 Guest may check in from 14:00 on the day of arrival. Check out time is 12:00.
2.2 Reservations cannot be applied to alternative dates, nor extended or reduced without prior agreement with SB. Room types and facilities are specified in the Booking Terms.
2.3 Guest reservations will be retained by SB until 14:00 on the arrival date and may be cancelled thereafter by SB without further liability on SB’s part unless SB has agreed otherwise in writing or where SB has received advanced payment of the full amount chargeable for the reservation.
2.4 SB reserves the right, at its sole discretion, to release any reservation at any time without charge, penalty, loss or damage if it believes that the guest is unfit to stay in the Hotel. Unfit can mean being drunk, disorderly, abusive, aggressive or impolite or causing a danger to other guests, Hotel employees and contractors.
2.5 If SB fails to have a room available for a Guest whose reservation has not been cancelled or released in accordance with these Guest Terms, SB will provide a room in another hotel of similar standard on the same terms and conditions for the first night of the reservation. SB will (i) provide a taxi from the Hotel to the replacement hotel and, where applicable, a taxi for the return journey; and (ii) provide the Guest the facilities to make a telephone call to explain the new arrangements.
2.6 Reservations are personal to the Guest and cannot be resold or transferred without the express written permission of SB.
2.7 For reservations of over five rooms (“Group Booking”), SB booking terms shall apply. These terms shall apply in addition to these Guest Terms. Please telephone the Hotel directly in order to make a Group Booking.
3.1 Reservations may be cancelled by the guest based on booking Terms and conditions of the company / platform the booking is made on.
3.2 Cancellations are valid where made by the Guest in writing to the Hotel and must contain the details of the reservation that needs to be cancelled including the Guest’s name, address and any reservation number.
3.3 A reservation which has not been cancelled by the Guest in accordance with these Guest Terms and where a Guest does not show up will be cancelled by SB for any subsequent days and a charge made equal to the value of the first night stay.
3.4 SB reserves the right to cancel the reservation at any time where:
(a) the Guest’s use of the Hotel may, in the reasonable opinion of SB, be prejudicial to the reputation of SB or any company within the Solar Branco Lda organisation (“SB-G”) group of companies; or
(b) the reasonable opinion of SB, a reservation was made fraudulently or in violation of these Guest Terms or any other terms applicable to Guest’s reservation.
Any refund payable in such circumstances is at the sole discretion of SB and is subject to any claim for damages under clause 8.8. In order to minimise the risk of cancellation under this clause, Guests are advised to discuss any contentious or controversial purposes of their reservation with SB prior to booking.
4.1 SB will charge the Guest the tariff specified in the Booking Terms. Breakfast is only included where specified in the Booking Terms, all other meals and room service are not included.
4.2 Payment is required in advance or upon check-in for the estimated charges for the number of room nights and number of breakfasts. SB reserves the right to refuse entry to the Guest until such pre-payment is received. Should the pre-payment exceed the total charges, MCRSL will refund the balance to the Guest on departure, using the same payment method.
4.3 SB reserves the right to demand payment of amounts accruing to a Guest’s account at any time and to preclude the Guest from continuing to occupy the Hotel should this demand not be met.
4.4 Should the Guest fail to pay his/her account on demand, SB reserves the right to remove the Guest’s property from the Hotel and to store the same until the account has been paid; for which SB may charge the Guest reasonable storage and administrative costs. SB has a lien on the Guest’s property which it may sell to pay the account and shall refund the balance, if any, to the Guest. The Guest shall indemnify SB for any losses suffered by way of a Guest failing to pay their account. Any continued reservation is contingent upon the Guest’s pre-payment in cleared funds.
4.5 SB may, at its discretion, use accredited travel agents for specific services and invoice the travel agent concerned for these services. SB reserves the right to refuse to accept any vouchers from travel agents at its sole discretion. SB will not disclose any rates that have been agreed with travel agents for the services provided. Travel agents may not disclose the confidential rates agreed with SB.
4.6 SB may, at its sole discretion, agree to grant credit to a Guest during their stay and reserves the right to demand payment at any time from the Guest for any balance accruing. Payment of credit accounts must be made within 14 days of departure of the Guest or such other shorter period that has been notified to the Guest in advance. Should there be a dispute as to the account, the non-disputed amount shall be paid immediately and as soon as the dispute has been resolved, the disputed amount shall be paid forthwith.
5. CONDITIONS ON WHICH A GUEST MAY OCCUPY A ROOM
5.1 Subject to these Guest Terms, the Guests shall occupy the room as bare licensee only and no relationship of landlord and tenant shall be created by the Guest’s use of the room. The Hotel retains control, possession and management of the room and the Guest agrees that s/he shall not have exclusive possession of any room. The Hotel may in its absolute discretion move the Guest and/or allow Hotel employees access to service, repair, tidy and clean the room from time to time.
5.2 It is a condition precedent that the Guest may only occupy the room following check-in where s/he has: (i) completed and signed the guest registration card; (ii) provided identification; and (iii) provided advanced payment. Only those Guests to whom a room is allocated may occupy the room. Guests are not permitted to resell or transfer their booking. SB will use reasonable endeavours to ensure a room is available for occupation by the Guest at the stated check in time.
5.3 During occupancy of the room and whilst on Hotel premises the Guests will not:
(a) make excessive noise;
(b) damage or remove Hotel property, whether in the room or on any part of the premises. Any damage or removal will be paid for by the Guest and amounts to be paid shall at the sole discretion of the Hotel;
(c) leave the room in a disorderly state or such state as will cause distress to the cleaners;
(d) use any electrical appliance, other than those supplied or approved by the Hotel, in particular electric water heaters, cooking devices, any equipment greater than 3 kWh or, where stated, greater than the kilowatts stated on any particular socket;
(e) smoke in any room or on Hotel premises
(f) park a car or other vehicle otherwise than as agreed by the Hotel or cause obstruction around the Hotel
(g) bring or allow into the room any person other those allocated to the room, particularly after 9:00 pm, and will cooperate with the Hotel in having such persons removed;
(h) enter or occupy any room which has not been allocated to them or obstruct any common parts of the Hotel;
(i) interfere with other guests, their property or their enjoyment and peaceful stay at the Hotel;
(j) bring into the Hotel any animal or pet other than Guide Dogs;
(k) do or permit anything which is illegal or which may become a nuisance including the infringement of any third party intellectual property rights in particular whilst using the Hotel’s internet connection; and
(l) comply with health and safety and fire regulations displayed in the Hotel.
5.4 During the stay the Guest will produce identification, by way of the room card issued at the time of registration, as evidence of Guest’s occupancy at the Hotel should it be required in the Hotel restaurants, other sales areas and at any time on the Hotel’s premises in the interests of safety and security.
5.5 Upon check-out the Guest will notify the Hotel reception desk of departure and pay all outstanding charges that are due.
6. CAR PARKING TERMS (where applicable)
6.1 Subject to this clause and upon request by the Guest, the Hotel permits the Guest to use such car park space as the Hotel may in its sole discretion allot to the Guest (“Space”) for the duration of the Guest’s stay or visit to the Hotel. The Guest may only occupy the Space once the required details have been completed on the guest registration card.
6.2 The Guest acknowledges that occupation of the Space by the Guest is as a bare licensee only and no relationship of landlord and tenant shall be created by the Guest’s use of the Space. The Guest also agrees that s/he shall not have exclusive possession of any Space. The Hotel may in its absolute discretion request the car is moved by the Guest for example in order to perform repairs and clean the Space.
6.3 Cars are parked at the Guest’s own risk and the Hotel cannot guarantee the security of your car or its contents. Guests are advised to ensure cars are locked securely, that all windows are securely closed and possessions left out of sight and that the car’s alarm is engaged. Please contact the Hotel prior to booking to determine any height, or other, restrictions.
6.4 Valet Parking: Hotel reserves the right to move the vehicle to such extent as the Hotel may in Hotel’s discretion think necessary to avoid obstruction or the more efficient arrangement of its parking facilities at the car park. SB and/or Hotel will only accept liability to the extent it is proved to be caused by the negligence, wilful act, default or breach of SB and/or Hotel. SB and Hotel shall not be liable for loss or damage to the vehicle arising from mechanical, structural or electrical failure of any part of your vehicle, including damages to windscreen, mirrors and tyres where such liability is outside of the control of SB or Hotel.
6.5 Charges and disposal of vehicles:
(a) Payment is required immediately prior to check-out of the Space by the Guest. The Hotel reserves the right to refuse to permit the Guest to occupy the Space until prepayment is received. SB and the Hotel reserve the right to demand payment of amounts accruing to a Guest’s account at any time and to preclude the Guest from continuing to occupy the Space should this demand not be met.
(b) Should the Guest fail to pay his/her account on demand, the Hotel reserves the right procure removal of the Guest’s car from the car park by a lawful authority for which SB may charge the Guest reasonable removal and administrative costs. Cars parked otherwise than in a designated space may be towed away by a lawful authority without notice. Guests will be charged for recovery.
(c) The Guest must notify the Hotel in writing if s/he intends to leave his/her vehicle in the car park for more than 28 days. The Hotel reserves the right to procure removal of any car by a lawful authority which the Hotel reasonably believes to have been abandoned and shall be entitled to regard as abandoned any car which has been in the car park for more than 28 days without prior notification.
6.6 The Guest shall:
(a) drive carefully in the Hotel car park and not obstruct entrances or exits and obey signs, including parking in bays to which entitled;
(b) not make any alteration to the space nor cause any damage to the Hotel or to any property of the Hotel owners. Any damage caused shall be immediately reported to the Hotel and damages caused to another vehicle should be reported by the Guest to the owner of the vehicle;
(c) ensure his/her car is registered with the relevant authorities, has a valid vehicle tax disc, has a current MOT certificate (where required), is insured, is roadworthy and complies with all relevant laws;
(d) not display any advertisement, or notices at the Space and not conduct any business activity in the car park for example in connection with selling, hiring or other disposal of vehicles or goods or services;
(e) not cause any nuisance or inconvenience, deposit rubbish other than in proper receptacles nor pour or transfer fuels within the car park;
(f) ensure that all security barriers or gates at the entrances to and exits from the car park are operated correctly and closed after use and/or to return to the Hotel any keys or control cards to any security barriers or gates to the car park when this licence ends; and
(g) agree that for safety reasons no-one is entitled to remain in the car park except for the purposes of parking or removing cars.
7.1 This Agreement and any licences granted within shall end on the earlier of:
(a) the date and time upon which the Guest checks out of the Hotel, finishes the use of the allotted car parking or otherwise the Hotel services ordinarily cease; and
(b) SB and/or the Hotel giving notice of termination with immediate effect if the Guest breaches any of the Guest Terms.
7.2 Termination is without prejudice to the rights of either party in connection with any prior breach of these Guest Terms.
8. LIMITATION OF LIABILITY and DISCLAIMERS
8.1 Guests are advised to be adequately insured, vigilant and take reasonable care over their property generally and especially in spaces accessible to the public as SB and the Hotel are not responsible for theft, loss or damage caused by third parties outside their control.
8.2 For Guests booking Hotel sleeping accommodation:
While the Hotel will make all reasonable efforts to protect the property of the Guests, attention is drawn to the Hotel Proprietors Act 1956 (“Act”)
8.4 In no event shall the Hotel and SB be liable for any loss of profit, revenue, anticipated saving, business opportunity, goodwill, corruption of data, damage resulting from third party claims or indirect or consequential losses. The Guest agrees the booking charges reflect that the risk of such loss lies with the Guest which is fair, reasonable and proportionate given the charges billed.
8.5 For the avoidance of doubt, the Hotel and/or SB do not accept any liability for theft, loss or damage caused to any vehicle or its contents whilst parked on any Hotel property and as such any vehicles and contents are left entirely at the Guest’s risk.
8.6 Food served at the Hotel may contain specific allergens. In compliance with applicable food laws and regulations (including, without limitation, food labelling requirements), the Hotel will provide specific allergen information regarding food it serves upon request and, with reasonable prior notice, use reasonable endeavours to adjust such food to accommodate particular dietary requirements requested by the Guest. It is the Guest’s responsibility to notify the Hotel of any dietary requirements and, subject to applicable law, any food served by the Hotel is consumed at the Guest’s own risk.
8.8 The Guest shall keep the Hotel and/or SB indemnified in full against all direct, indirect or consequential liabilities, loss, damages, injury, costs and expenses awarded against or incurred or paid by the Hotel and/or SB as a result of or in connection with:
(a) the Guest’s breach of the Guest Terms;
(b) any infringement or alleged infringement of any intellectual property rights by the Guest during the stay at the Hotel; and
(c) any damage caused to the Hotel premises (or contents) whether or not owned by the Hotel, caused by the Guest.
8.9 Nothing in these Guest Terms shall limit or exclude the liability of the Hotel and/or SB for death or personal injury resulting from negligence; or fraud or fraudulent misrepresentation.
9. DATA PROTECTION
9.1 The information provided to SB by the Guest during booking and on the registration card will be handled by the Hotel as data controller in accordance with applicable data protection requirements. The information may be used by the Hotel, and transferred to other third parties engaged by SB both within and outside of the country or jurisdiction in which the Hotel is located (including to countries outside the EU), for the purposes of managing and fulfilling your bookinG. Where data is transferred outside of the EEA, SB will be responsible for data security and will ensure appropriate technical and organisational measures are in place.
9.2 Except as set out above, the Hotel will not use Guest information given for any other purpose unless the Guest agrees or unless the Hotel is required or permitted to do so by law. By agreeing to the Guest Terms and completing this registration card you are signifying your consent (and that of your Group) to your personal data being processed in accordance with the above statement.
10.1 SB and the Hotel accept a number of credit cards as listed at the reception desk. All such credit cards are accepted in accordance with the regulations of the credit card company concerned.
10.2 These Guest Terms are governed by the laws of Portugal and each party irrevocably agrees that the court of Portugal shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Experiences Terms and conditions
Experience information: schedules, meeting point Participants are responsible for ensuring they know all the details concerning the tour’s schedules, meeting point, duration, etc. By making a reservation, participants confirm they read all the available information regarding their tour. We are not responsible for participants’ misunderstanding or misinterpretation of any information provided.
Refunds, cancellation and rebooking for products acquired through our website: In case of participants’ cancellation, the following refunds policy applies:
Up to 7 days or more in advance: Full refund
Up to 48 hours: 50% refund
Less than 48 hours: no refund available
When possible, we will rebook the tour. Tours can be rebooked within 1 month from the date of the first reservation, but the rebooking will be always dependant on our availability. We are not responsible for loss in case rebooking is not possible.
Specific policies may apply depending on the customisation of the tours. We will inform you on all conditions prior to any payment.
We reserve the right to cancel a tour every time we consider there are not the adequate conditions, such as harsh weather conditions, events or other circumstances that jeopardize the tour’s quality or the participants’ safety.
Tours acquired through Viator, TripAdvisor, AirBnB or other platforms or agencies, will be subject to the conditions informed by such agencies.
Participants with disabilities:
We encourage participation of all passengers on our tours and we make every effort to provide such passengers with the same experience enjoyed by ambulatory participants, but we cannot accept responsibility for itinerary deviations that disabled passengers’ limitations may necessitate.
We reserve the right to remove any participant whose conduct is deemed to pose a risk or nuisance to others, or disturbs a tour in any way. We will not refund or cover any cost or expenses incurred due to unacceptable behavior.
Smoking: Smoking within the estate is not allowed.
To the best of our knowledge all information provided on our website/emails is correct. Errors, omissions and exceptions not withstanding. We do not assume responsibility or any liability for any participant’s own misunderstanding or misinterpretation of any information provided.
Pets: Pets are not allowed in our tours, except for service dogs.
Children under 18:
Adults with children under 18 are discouraged from joining our alcohol based experiences. Please contact us for further information, since we have family orientated tours for groups with children.
Waiver and Release of Claims
Consent to Medical Attention and Grant of Rights
By purchasing tickets for and participating in experiences (“experiences”) offered by “Solar Branco Lda” (the “Company”), and in consideration for my being allowed to participate in the experiences, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
I understand and confirm that my participation in the experiences is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the experiences.
Comprehension of Risk:
I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the experiences take place in public venues under conditions largely beyond Company’s control.
Assumption of Risk:
I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the experiences.
Release of Liability
Limitation of Damages:
I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the experiences.
This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
Consent to Medical Treatment:
I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the experiences, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY.
I HAVE READ THIS ENTIRE DOCUMENT.
I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS.
BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE TOURS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.