Terms and Conditions
GENERAL CONDITIONS FOR BOOKING
1.1. These general conditions ("General Conditions") govern and are an integral part of the contract for the provision of services entered into through the website www.luxhotels.pt (“Site”) between the Lux Hotels Group (Grupo Lux Hotels) (“Lux Hotels Group”) and the client (“Client”), whose purpose is to provide booking services for tourist accommodation (“Accommodation”) and respective supplementary tourism services in tourism facilities in hotels ("Hotels") owned and/or operated by a company belonging to the hotel group.
2.1. In booking any reservation, the Client must correctly fill in the corresponding form, indicating, in particular, the Hotel, Accommodation, departure, arrival and exit dates and the applicable rate, always subject to confirmation of availability by the Lux Hotels Group, as well as your personal data and payment information, being fully responsible for the choices made and information provided, which must be complete, true and updated.
2.2. Upon confirmation of the booking data by the Client, a reservation code is assigned to the latter, which must be referenced in all contacts with the Lux Hotels Group, and the Client shall be entitled to the travel services contracted with the Lux Hotels Group pursuant to and under the terms described in the respective proof of booking and in the Contract, after payment.
2.3. When the Client has only booked Accommodation, the Client shall be fully responsible for obtaining and/or contracting the transportation means to enjoy the contracted services.
2.4. Likewise, the Client undertakes full responsibility for holding and/or obtaining the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) to entry in the country and/or location of the Hotel or in locations where the client stops during travel, and the Client should gather such information in advance when booking Accommodation only.
2.5. Due to the existing special schemes and rates for children, which may vary among other factors depending on the age, the service provider and the travel dates, the Lux Hotels Group advises the Client to get previous information with us before concluding the booking.
2.6. No refunds are due for goods and/or services which, although made available to the Client, the latter chooses not to enjoy or use.
3. BENEFITS, CAMPAIGNS AND DISCOUNTS
3.1. The Lux Hotels Group may launch certain campaigns ("Campaigns") and discounts ("Discounts") on the Bookings made by Clients, for a limited or unlimited period of time.
3.2. The following conditions shall apply to the Benefits, Campaigns and Discounts:
i) To benefit from certain Campaigns and/or Discounts, the Client may be required to enter a promotional code ("Promotional Code") or to pay the booking in advance;
ii) The Benefits, Campaigns and Discounts are subject to confirmation of availability;
iii) The Lux Hotels Group reserves the right to cancel the Benefits, Campaigns and/or Discounts or to reject a Promotional Code when the total amount of the Promotional Codes already used exceeds a certain financial amount or when they are fraudulently used (namely by those who are not the holder/beneficiary);
iv) The Benefits, Campaigns and Discounts are only valid for bookings made through the Site and are not transferable to third parties;
v) In case of cancellation or non-use of a booking made under a Benefit, Campaign or Discount, the amount of the Benefit, Campaign or Discount shall not be refunded, nor shall it be guaranteed its reapplication in another booking;
vi) If there is a change in the characteristics and/or the holder of a booking made within the scope of a Benefit, Campaign or Discount, the Client may lose the benefit/advantage granted by the booking, and the provisions of section 10 shall be applicable in case of withdrawal;
vii) The use of fraudulent mechanisms to obtain Benefits, Campaigns or Discounts shall hold the Client liable regarding the general conditions and grants the Lux Hotels Group the right to choose between a) the application of a rate without discount and b) the termination of the Contract, where such termination, as to the consequences thereof, is equal to a Contract termination by the Client, without prejudice to the right of the Lux Hotels Group to be compensated for all damages suffered;
viii) The Lux Hotels Group reserves the right to cancel and/or change at any time the Benefits, Campaigns and Discounts.
The price of the booking shall be accrued by the legally due taxes (including namely the Value Added Tax), which will be charged by the Lux Hotels Group to the Client together with the booking at the legal rate in force and depending on the services contracted.
5.1. Bookings, changes and cancellations may be subject to fees charged by the Lux Hotels Group to the Client and calculated depending on the type of reservation, the date of its conclusion (or of its changes or cancellation) and the applicable rate, to be disclosed at the time the booking is carried out by the Client. In addition, additional fees may be charged by the Lux Hotels Group to the Client for booking changes or cancellations.
5.2. The fees are due for each booking made and relate to the availability of the online booking services by the Lux Hotels Group to the Client, being deducted at the time of payment of the booking by the Client.
5.3. The fees due by the Client to the Lux Hotels Group under a booking are not refundable if the Client does not use or enjoy the goods and/or services contracted, as well as for any other reason not attributable to The Lux Hotels Group, except if the Client cancels the reservation under the terms (including the deadline) described in the General Conditions.
6.1. The Hotel and Accommodation characteristics are those indicated in the booking. However, as the photos of the Hotel were not taken on the day the Client made the booking, there may be substantial differences between the photos and the reality at the time of enjoying the services contracted by the Client, however not granting to the Client the right to any modification to the Contract.
6.2. The prices shown are per room, but they can be presented per person or depending on other characteristics, which in any case will be properly indicated on the Website when making a booking. If it is possible to make a booking for a number of people higher than the normal Accommodation places, an extra bed may have to be placed, which may not have the same comfort and quality as the other beds of the Accommodation, reducing its useful area. The same can happen with children beds.
6.3. The meals schemes and their specificities are communicated to the Client through the Site when a booking is made.
6.4. If nothing is mentioned in the booking, the meals scheme shall not include any meal.
6.5. In case the Client appears with more people than those indicated in the booking to use the Accommodation, those responsible for the Hotel may refuse entry, for which the Lux Hotels Group cannot be held liable.
6.6. If an overbooking situation occurs (that is, there are more bookings than Accommodation places available) at the Hotel where the Client has booked Accommodation, the Client expressly acknowledges and accepts that the Lux Hotels Group may place him/her/them in a different Accommodation of the same Hotel or other Hotel of the same category (in any case, ensuring that the quality of the Accommodation available is not lower than that of the Accommodation booked by the Client) without additional costs for the Client, and without being entitled to any compensation or termination of the Contract for this reason.
6.7. As a general rule, the Accommodation can be used from 3:00 pm on the day of arrival and must be left free before 12:00 noon on the day of departure (in both cases, at the local time of the respective Hotel). Remaining in the Accommodation beyond the practiced time of departure may lead to the payment of additional amounts, being this at the sole responsibility of the Client.
6.7. As a general rule, the Accommodation can be used from 3:00 p.m. on the day of arrival and must be free before 12:00 noon on the day of departure (in both cases, at the local time of the respective Hotel). The stay in the Accommodation beyond the time of departure may lead to the payment of additional amounts, at the sole responsibility of the Client.
6.8. In the event that the Client does not appear at the Hotel until 11:59 p.m. on the date indicated on the proof of booking, the Hotel may disregard the reservation and sell the Accommodation to third parties, for which the Lux Hotels Group cannot be held liable.
6.9. The Client must comply with the Hotel's internal rules of use, if any, and the Lux Hotels Group cannot be held liable for any damages suffered by the Client in result of breaching such internal rules.
7.1. The Client must pay the amount indicated on the booking form as a previous requisite to be able to enjoy the contracted booking.
7.2. The payment of the booking can be made by the Client i) on the Site, on the date of the booking or ii) at the Hotel, on the date of entry into the Accommodation (if this modality is available for the type of booking made by the Client).
7.3. If the Client chooses to pay the booking upon its conclusion, he/she/they must do so by means of a credit card held by him/her/them and within the list of issuing entities with which the Lux Hotels Group collaborates, which is made available in the booking form, being the payment accepted by the Lux Hotels Group within the limits authorized by the entities issuing the card.
7.4. Alternatively, if the Client wishes to pay the booking only at the Hotel, he/she/they may do so in the terms permitted by the Hotel, and the Client should get information in due time with said Hotel or with the Lux Hotels Group regarding the payment methods accepted. However, the Lux Hotels Group will always request the credit card information when the booking is made on the Site for the purposes of guaranteeing the reservation, and the Lux Hotels Group undertakes to debit the amount corresponding to the value of the first night reserved only if i) the Client does not appear in the Hotel on the date of entry indicated in the proof of booking or ii) if the Client cancels the booking without the anticipation indicated in the respective proof of booking, which the Client expressly accepts and authorizes.
8.1. The cancellation of any reservations made through the Site implies the loss, in favour of the Lux Hotels Group, of any amounts paid by the Client, unless otherwise expressly stated in the respective proof of booking.
9. COMPLIANCE IMPOSSIBILITY
If the Lux Hotels Group is unable to comply with obligations under the Contract for reasons beyond its control, it shall immediately notify the Client of such impossibility. If the compliance impossibility relates to any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and a possible price variation. The Client must notify the Lux Hotels Group of such decision within 4 business days upon receipt of the Lux Hotels Group notification. If nothing is said, it shall be considered that the Client agrees with the amendment.
10.1. Any deficiency in the execution of the Contract regarding the services provided by third party service providers must be communicated to the Lux Hotels Group in writing within a maximum period of 20 business days after ending the services contracted by the Client.
10.2. In the event of a complaint presented for the non-performance of the services contracted to the Lux Hotels Group, the Client may activate the guarantee provided for in the applicable legislation (provided that the complaint is based on non-compliance with obligations whose fulfilment is assured by said guarantee) and for this purpose, the Client should request the Turismo de Portugal, IP. to demand the guarantor entity by presenting:
i) A final judicial decision that includes the amount of the debt due, fixed and net;
ii) An arbitration decision;
iii) An application requesting the intervention of the arbitration commission, under the terms of the applicable legislation and with the evidence supporting the alleged facts.
11.1. In the case of Organized Travel, the Lux Hotels Group is liable before the Clients under the provisions of the law, except if:
i) Non-compliance does not result from excess booking and is due to situations of force majeure or fortuitous events caused by abnormal and unforeseeable circumstances external to the Lux Hotels Group and whose consequences could not have been avoided despite all the measures taken;
ii) It has been demonstrated that non-compliance is due to the Client’s conduct or to the unforeseeable action of a third party alien to the provision of services under the Contract;
iii) It cannot activate legally the right of return with respect to third party providers of the services under the Contract, in accordance with the applicable legislation;
iv) The Accommodation provider cannot be held liable for the deterioration, destruction or subtraction of luggage or other articles.
11.2. To the extent permitted by the applicable law, the Lux Hotels Group shall not be liable for any damages that may arise from any unforeseen circumstances or beyond its control nor shall it be liable for, expressly and by way of example: network delays or blockage, interference, interruptions, viruses, malfunctions and/or disconnections in the Site’s operation or in the Client's computer devices and equipment, or any other abnormal operation of the booking service for reasons beyond its control and that prevent the booking from being made.
11.3. The Client is liable to the Lux Hotels Group under the provisions of the law.
12. PERSONAL DATA
All communications or notifications under the Contract must be made using the information provided by the Client on the online form. Any changes to the Client’s data and any communication or notification addressed by the Client to the Lux Hotels Group must be made to the following contacts: Grupo Lux Hotels, at Avenida D. José Alves Correia da Silva, Lt. 2, Urbanização das Azinheiras, 2495-402 Fátima.
13. GENERAL PROVISIONS
13.1. The General Conditions apply only to the booking of services through the Site and is a complement to any specific conditions agreed upon in writing between the Client and the Lux Hotels Group regarding the object of the Contract or referred to in a specific area of the Site for a particular product or service, including the proof of booking ("Specific Conditions"), which are also an integral part of the Contract.
13.2. In case of conflict, the provisions of the Specific Conditions shall prevail over the General Conditions, prevailing over both any additional written provisions specially agreed between the Client and the Lux Hotels Group and signed by both parties, which are part of the Contract.
13.3. Once the Contract is concluded, it can only be changed in writing by means of a document signed by the Client and the Lux Hotels Group, which becomes an integral part thereof.
13.4. The provisions of these General Conditions may be changed at any time by the Lux Hotels Group for future legal relationships and without prior notice. As such, whenever you make a booking, and even if you use the Site frequently, you should read them in full.
14. APPLICABLE LAW AND JURISDICTION
The Contract is governed by the laws of the Republic of Portugal.
For the resolution of any litigation arising from the validity, conclusion, execution, non-compliance, extinction or interpretation of the Contract, the Court of the District of Leiria shall be exclusively competent, without prejudice to the applicable mandatory legal rules.