GENERAL TERMS AND CONDITIONS
DOTVILAS is a Limited Company, registered in the Commercial Registry of Porto with the VAT PT 506 837 114, with registered office at Avenida D. Afonso Henriques 872 - 3rd Floor - Sala 31, Porto - Portugal (hereinafter referred to as "MYTRIP PORTO") .
MYTRIP PORTO publishes and operates the website https://www.mytripporto.com (also available as a mobile version), a website for hotel reservations and other additional services (hereinafter referred to as "Site").
You can contact us by phone: +351 934 626 196 or email info@mytripporto.com
1. PREAMBLE
These general conditions (hereinafter referred to as "General Conditions") are intended to define the terms and conditions according to which MYTRIP PORTO allows its customers (hereinafter referred to as "Customer (s)") to enjoy the set of services, namely reservation, made available on this Site and described in more detail below (hereinafter jointly referred to as "Services").
Before making any reservation for a Service on the Site, the Client declares that he has full legal capacity to assume the obligations arising from these General Conditions.
The Client must carefully read these General Conditions, whose prior acceptance is mandatory for the reservation of any Service available on the Site. In addition, all Customers are advised that, using the standard features of their browser and computer, save and print these General Conditions.
MYTRIP PORTO reserves the right to modify or complete, at any time, totally or partially, these General Conditions. In that case, the new version of the General Conditions will be made available on the Site with the respective date of entry into force. We advise Customers to regularly consult the General Conditions in order to be aware of any possible changes. In any case, the Client will only be bound by the only version of the General Conditions in force at the time the Client proceeds to reserve the desired Service.
If applicable, the Client will be responsible for the payment of all technical means that allow him to access the Site.
2. SERVICES DESCRIPTION
2.1 MYTRIP PORTO SERVICES
MYTRIP PORTO makes available on its Site (i) Services for booking hotel rooms or other types of accommodation ("Accommodation Services") (2.1.1) and (ii) additional services to said Services ("Additional Services" ) (2.1.2).
The Accommodation Services and the Additional Services are hereinafter jointly referred to as the "MyTrip Porto Services".
2.1.1 ACCOMMODATION SERVICES
The Site allows the reservation of rooms at MyTrip Porto (hereinafter jointly referred to as "Accommodation").
Essential features, availability of dates, prices, options available, payment terms and special sales conditions applicable to the selected fare (cancellation conditions, check-in time, fare conditions for members, etc.) of Accommodation are presented during the booking process, as described in point 3 below.
2.1.2 ADDITIONAL SERVICES
The Site also allows the reservation of Additional Services, such as, for example, a bottle of champagne upon the Client's arrival, packs for the stay or upgrade of the Accommodation Services.
2.2 PARTNER SERVICES
MYTRIP PORTO enters into partnership and distribution contracts with third party websites ("Partners") to allow the Customer to search, select and book rooms on the partner website (hereinafter referred to as "Partner Services").
The terms of sale applicable to these Partner Services are available on the Partner website.
3. RESERVATION PROCESS
The Client selects any Service presented on the Site or on the Partners' sites following the process provided for this purpose.
3.1 MYTRIP PORTO SERVICES RESERVATION
MYTRIP PORTO Services reservations are made by the Client on the Site.
The reservation process varies depending on the navigation and the Client's request, consisting of the following steps:
- Stage 1: information on search criteria and room availability;
- Stage 2: presentation of results and selection of room types.
- Stage 3: details and characteristics of the rooms, namely the characteristics of the accommodation (room size, TV, minibar, etc.), the duration of the stay, the total price of the reservation, including the details of the applicable fees, as well as the Special Conditions Applicable (cancellation conditions and check-in time);
- Step 4: review of the reservation with:
(i) repetition of the main characteristics (length of stay, characteristics of the Accommodation, amount with taxes detailing the applicable rates) and,
(ii) the communication by the Client of the respective data, filling in all the mandatory fields (marked by an asterisk)
- Step 5: conclusion of the reservation by the Client through:
(i) the information of the data of the respective means of payment
(ii) the consultation and acceptance of the Special Conditions relating to the reservation before the respective validation by the Client;
- Step 6: booking registration by MYTRIP PORTO
- Step 7: sending to the Client an email confirming the reservation in which the details of the accommodation, prices, the Special Conditions accepted by the Client, the date of the reservation made are summarized.
3.2 RESERVATION OF PARTNER SERVICES
Reservations made by the Customer through the Partner Services are made through the website and mobile services of each Partner.
The reservation is made directly between the Client and the respective Partners, following the steps of the Partners' website and mobile services.
4. PRICE AND PAYMENT
4.1 PRICE
The prices related to the reservation are indicated before, during and after the reservation.
For the Accommodation Service, the prices shown refer to the room, the number of person (s) and the selected date.
When confirming the booking of a Service, the Client is informed of the total price, including taxes, in the commercial currency of the Accommodation.
The tourist tax (if applicable), presented during the process of booking the Service, must be paid directly on site, to the Accommodation, except in case of online prepayment before the stay, in which case this amount may be included in the amount paid out.
Finally, some promotional offers are only available on the Site and are sold exclusively through the Internet, not being, in any case, at the reception of the Accommodation.
4.2 PAYMENT
The Client communicates the respective payment details (i) to make the prepayment of the reservation before the stay, (ii) as a guarantee of the reservation, and, in the case of a credit card, indicating directly, in the area provided for this purpose (secure introduction by SSL encryption), the credit card number, without spaces between the numbers, the respective expiration date (attention is drawn to the fact that the credit card used must be valid at the time of stay) and CVV, as prepayment, through the payment platform mentioned below.
MYTRIP PORTO chose the STRIPE platform to guarantee the security of online payments by credit card. The card used by the Client for payment is validated by these partners and can be refused for several reasons: card stolen or blocked, limit reached, typo, etc. In case of any problem, the Customer will have to contact the respective bank, on the one hand, and the Accommodation or any other entity, on the other, to confirm the reservation of the Service and the respective means of payment.
The online payment methods accepted and referred to on the payment page of the Site can be Visa and Mastercard, American Express, JCB, Diners. This list may change.
In case of no-show ("no show") having made a reservation for a Accommodation Service (that is, a reservation not canceled by the Client, which, however, does not appear) guaranteed by credit card, the Accommodation will charge the amount of the first night, as a fixed indemnity, on the Client's credit card that he has given as a guarantee of the reservation; any additional nights of the reservation will be canceled free of charge, unless otherwise specified in the Special Conditions.
At the time of prepayment of the reservation, the amount that is debited includes the total amount stated when booking (including all applicable taxes).
4.3 MOBILE AND EXPRESS CHECK-IN SERVICE
To use this service, the Client must comply, without reservation, with the provisions of this point.
To facilitate and speed up the entry of a customer to the Accommodation, MYTRIP PORTO offers Mobile Check in, a check in procedure carried out by telephone.
In order to be able to perform this service, the customer must proceed with the advance payment of his reservation, either by the authorization of advance to process his credit card, payment by bank transfer or directly at the Accommodation a few days before his arrival.
Express Check-in takes place directly in the accommodation and must be duly scheduled. All payments will be processed at the reception.
5. CANCELLATION OR MODIFICATION OF THE RESERVATION
The Special Conditions stipulate the cancellation and / or modification of the reservation.
Prepaid reservations will not be subject to any changes and / or cancellations. The deposit (amounts paid in advance) will not be refunded. In this case, this situation is referred to in the Special Conditions.
Provided that the Special Conditions allow:
- the reservation must be canceled by phone and email.
- the modification of the reservation can be made directly with the Accommodation whose contact details, namely the telephone contacts, are indicated in the reservation confirmation sent by email.
In case of interruption of the stay by the customer, the agreed total price will be charged. In case of booking with prepayment before the stay, no refund will be made.
Unless expressly stated otherwise in the Special Conditions, the Client must leave the room until 12 noon on the last day of the reservation. If you do not, you will be charged an additional night.
6. CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
The Client is solely responsible for his choice of the typology of the room and for the respective adaptation to his needs, MYTRIP PORTO declines any and all responsibility accordingly.
The Client is also solely responsible for the information provided when creating the respective reservation. MYTRIP PORTO declines any and all responsibility for incorrect or fraudulent information provided by the Client. The Client undertakes to use the Site and the Services made available there in accordance with the applicable regulations and these General Conditions. In case of breach of the Client's obligations stipulated in the present General Conditions, the Client will be responsible for the damages caused by it to MYTRIP PORTO or third parties. As such, the Client undertakes to indemnify MYTRIP PORTO from all claims, actions or remedies of any nature that may result, and to indemnify any damages, charges or indemnities arising from and related to them.
When making a reservation, the Client is obliged, in a particular way, to pay the respective price and to respect the Special Conditions directly related and related to it.
In view of what:
- Any reservation or payment that is irregular, null, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the reservation at the Client's expense, without prejudice to any action that MYTRIP PORTO may take against it;
- Any behavior contrary to morality and public order in the accommodation, as well as non-compliance with the Internal Regulations, will lead to the request to the Client to leave the premises without any compensation and / or without any refund if payment has already been made. If no payment has yet been made, the Customer will have to pay the price for the Services provided before leaving the premises;
- The Client also undertakes to guarantee that the Wi-Fi network will not be used, in any way, for the purposes of reproduction, representation, supply or communication to the public of works or objects protected by copyright or a right connected, such as texts, images, photographs, musical works, audiovisual works, software and video games. The Client is also obliged not only to comply with the security policy of the accommodation's Internet access provider, including the rules for using the security means implemented, in order to prevent the illicit use of computer resources, but also to refrain from any act that undermines the effectiveness of these means.
7. MYTRIP PORTO OBLIGATIONS AND RESPONSIBILITIES
MYTRIP PORTO is obliged, within the scope of its duty of care, to provide access to the Site and the Services proposed in compliance with the General Conditions, to act with diligence and competence, and to use all necessary resources, within reasonable limits, to remedy any failure of which you are aware.
MYTRIP PORTO may, however, be obliged to temporarily suspend the Site without prior notice, namely for technical maintenance reasons, without this implying its responsibility.
The Client acknowledges and accepts that MYTRIP PORTO cannot be held responsible for any inconvenience or damage associated with the use of the Internet network, including, among others:
- poor transmission and / or reception of any data and / or information via the Internet;
- failure of any receiving equipment or communication lines;
- any malfunction of the Internet network that prevents the proper functioning of the Site and / or the reservation of the Services.
The Site may include links to other sites published and managed by third parties; MYTRIP PORTO declines any and all responsibility for the content of these sites and the services available there. In this regard, it is important to note that Partners are responsible for promoting the offers published on their own websites. The decision to consult third party websites is therefore the sole responsibility of the Customer.
8. MAJOR FORCE
Neither party can be held liable to the other party in the event of non-compliance with the respective obligations due to Major Force. It is expressly agreed that major force suspends, for both parties, the execution of the respective reciprocal obligations and that each party must bear the resulting charges.
Cases of major force are natural phenomena, volcanic eruptions, (natural) disasters, fires, (acts of) war, hostilities or any local or national emergency, invasions, obedience to any order or request from any national, district, port authority or any other public authority, governmental decision or intervention, military action, civil war or terrorism (biological, chemical or nuclear), explosions, revolts, riots, revolutions, strikes, civil disorder (or substantial or material threat or justified perception of anyone) of the aforementioned events), reduced transport, airport closures or any other exceptional, catastrophic event, circumstance or emergency that makes it impossible, illegal or preventing Customers from traveling to or staying at the Accommodation.
If the case of major force lasts for more than thirty (30) days from the date of its occurrence, these General Conditions may be terminated by either party, without any of them being able to claim the payment of compensation for losses and damages.
In case of major force or other exceptional event that prevents the provision of the Service and, in particular, the provision of the room reserved to the Client to the Client, the Host may reserve the possibility, during the entire stay or part of it, hosting the Client in an equivalent category Accommodation, subject to the Client's prior agreement.
10. RESPECT FOR PRIVATE LIFE AND PERSONAL DATA
When a customer uses the Site, namely when making a reservation, MYTRIP PORTO implements the processing of personal data under the conditions described in the "Privacy and security policy".
Thus, the information collected in the context of your reservation is only intended for MYTRIP PORTO, partners and suppliers (namely online payment providers).
11. MISCELLANEOUS
The collection of the necessary bank information and the acceptance of these General Conditions and Special Conditions electronically constitutes an electronic contract between the parties, which constitutes proof between the parties of the accommodation reservation and the demandability of the amounts due when executing the said reservation.
The General Conditions and the applicable Special Conditions express all the obligations of the parties. No other conditions communicated by the Client can be included.
In case of contradiction between the Special Conditions and the General Conditions, the Special Conditions will be the only ones applicable to the obligation in question. In case of contradiction between, on the one hand, the general conditions, whatever their nature, of a Partner and, on the other, these General Conditions, the clauses of these will be the only ones applicable to the obligation in question.
In the event that one or more clauses of the General Conditions are considered invalid or declared as such as a result of the application of a law, regulation or following a final and unappealable decision by a competent jurisdiction, the other clauses will remain in force.
The prevailing language is Portuguese. If the General Conditions are translated into a foreign language and, in the event of dispute, dispute, difficulty in interpreting or implementing these conditions and, more generally, with regard to the existing relations between the parties, it will be the Portuguese language version to prevail over any translation.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
The General Conditions are governed by Portuguese law, without prejudice to the mandatory protection provisions that may apply in the consumers' country of residence.
The Client is informed by MYTRIP PORTO of the possibility of resorting, in the event of a dispute concerning these General Conditions, to a conventional mediation procedure or any other alternative form of dispute resolution.
May 31, 2020 release