Terms and Conditions Ericeira Surf Apartments (managed by Absolutely Summer Lda)
Ericeira Surf Apartments offers products and services to guests from many different countries. Our terms and conditions are therefore written in English. If you have any problem understanding the content in this document, please contact us by e-mail: firstname.lastname@example.org
Parties mentioned in this document:
First: Ericeira Surf Apartments and Absolutely Summer Lda. and/or its staff and/or partners, also named the host.
Second: The person(s) who make a booking request, also named guest(s) or customer(s).
- THE AGREEMENT
When a booking request has been made by a guest and confirmed by Ericeira Surf Apartments, an agreement between the guest and Ericeira Surf Apartments has been made. The guest making the booking is accepting the terms and conditions of the booking agreement, also on behalf of any other guests for whom the person has booked. By making the booking request on the behalf of other guests, it becomes the person’s, who makes the booking request, responsibility to make the others aware, as well as get their acceptance of these terms and conditions.
The person(s) making the booking is also responsible for delivering all necessary information (such as arrival/departure times, medical conditions etc.) to the host, and all information the host gives, to the other travellers involved in the booking.
By making the booking request, the guest(s) also becomes obligated to pay the following invoice(s) by the amount of 30% and 70%, or 100%, by the set date in order to definitely confirm the booking request.
Unless the guest can document that the payment of the deposit or full amount has been made in the booking process, the host is not bonded by the agreement.
- THE CONTENTS OF THE AGREEMENT
The agreement encloses the package as it is set out in the booking and confirmation, proof of travel or similar documents. The agreement also includes the host’s prospective conditions of staying in Ericeira Surf Apartments.
The information that the host has given through website(s), e-mail(s), catalogues, brochures or similar, is part of the agreement unless they can be regarded as meaningless for the guests purchase of the package.
The agreement will also include additional services to the package if the parties have agreed upon those.
Different services and products that the guest may choose to use throughout their stay at Ericeira Surf Apartments, that have not been described as included in package or in its price, are not regarded as a part of the package but fall under the terms and conditions.
- PRICE AND TERMS OF PAYMENT
The quoted price for the package shall include all taxes, charges and fees the local (Portuguese) authorities may charge for the services and products provided unless mentioned otherwise. For any local (country of the guest) charges and fees (for example visas, certificates of Covid-19 test/vaccination certificate or similar) the host is not responsible. Furthermore, the price may include supplements and extras the guest wishes to be added to the package if the host and the guest have agreed on this. Costs linked to the additional services, any discounts or specifications shall be clearly
stated in the confirmation of the booking.
3.2. Terms of payment
Within the online booking process, the customer is required to issue a payment in order to confirm the booking. Online payment can be made via Stripe (credit card) or PayPal.
3.2.1. Payment of Deposit and Rest amount
For bookings made less than 30 days before the arrival date, the total amount should be paid during the online booking process in order to confirm the booking.
For bookings made 30 days or more before the arrival date, a deposit of 30% of the total amount of the booking has to be paid by the guest during the booking process. The rest amount (70% of the total) then has to be paid 3 weeks (21 days) prior to the arrival date to Ericeira Surf Apartments. You will receive a payment link for this payment in your email.
Without receiving the payments within the time-frame specified above, the apartment(s) are not guaranteed for the guest.
3.3. Special agreements
If the host and the guest have agreed on price(s) and/or payment terms other than mentioned in the sections above, those agreements (when in written form) will prevail.
- THE CUSTOMER’S RIGHT TO REFUND, CANCEL OR CHANGE
All cancellations and refund demands must be sent by e-mail to email@example.com
4.1. Wind, wave and weather conditions
Ericeira Surf Apartments or its partners for any services or products are not responsible for wind, wave and weather conditions during your stay, and will have the right to cancel surf lessons, guided tours or any other activities if wind, surf and weather conditions make it impossible or unsafe to run these activities as planned.
Instructors and guides working for Ericeira Surf Apartments and/or its partners will have the full right to take decisions about whether the conditions are appropriate or not for lessons or any other activities and will also do their best to give the missing lesson(s) back at another time during your stay. Clients cannot claim a refund because of surf, wind or weather conditions.
4.2. Cancellation by force majeure
The customer has the right to cancel the package and get the already paid amounts refunded if the travel destination or the immediate proximity of it, has been exposed to acts of war, natural disasters, contagious diseases or other occasions with the equality of the already mentioned occasions, as well as it is reasonably to believe that the circumstances will be applicable when the package tour is set to commence. The right of cancellation is not valid if the customer knew, or should have known the circumstances when he/she engaged in the agreement of purchase of the package.
4.2.1. Cancellations due to the Corona-virus/Covid-19 disease
From 01-11-2021 (November 1 st , 2021) onwards Corona-virus and/or Covid-19 is not seen as force majeure and therefore the normal cancellation policy applies to any cancellations done due to these reasons.
4.3. Cancellation with amends
The date when the host receives the cancellation will be deciding for the amount refunded to the guest.
Cancellation in days before departure: Percentage of total amount refunded:
3 weeks (21 days) or more: 70%
21 days or less: 0%
There will be no refund if the customer chooses to cancel a package after the arrival date. If the host and the guest have agreed on cancellation terms other than mentioned above, that agreement (when in written form) will prevail.
4.4. Change of travel dates
Ericeira Surf Apartments will do their best to change the date of a booking if this is a request from the customer. However, the customer has to be aware that this has to be done at the latest 3 (three) weeks (21 days) prior to the arrival date, as well as that such change is dependent of the availability on the desired dates. There is no guarantee that the change of the dates will be possible.
If the dates are changed, the customer needs to pay the possible difference in seasonal rates and/or different apartment type rates. Any possible difference in the price will not be refunded to the guest if the full amount has already been paid.
4.4.1. Change of dates because of Corona-virus/Covid-19 disease
From 01-11-2021 (November 1 st , 2021) onwards Corona-virus and/or Covid-19 is not seen as force majeure and therefore the normal cancellation policy applies to any cancellations done due to these reasons.
- TRAVEL INSURANCE, VISA AND OTHER DOCUMENTS
Every guest is individually responsible for acquiring a travel insurance that covers all medical treatment, loss or theft of belongings and/or other additional costs in case of accident, theft and/or loss of belongings.
The activities that are offered through Ericeira Surf Apartments and/or its partners includes a certain risk (even with the presence of instructors/guides), and it is the guests own responsibility to make sure their insurance covers the activities participated.
Through accepting the terms and conditions and confirming the booking, the guest is releasing Ericeira Surf Apartments and all of its partners and/or employees from negligence and any further legal action by any party.
5.1. Travel documents
The guest is solely responsible for attaining the correct travel documents that are valid, such as passport and/or visa. Every guest arriving to Ericeira Surf Apartments is obligated to present a valid passport or identity card. Driver’s license is not a valid document of identification. The guest is also solely responsible for obtaining all documents related to Corona-virus/Covid-19 disease necessary for entering/staying in Portugal.
5.2. Health information
The guest is responsible for informing the host at latest on arrival about any medical conditions, allergies and/or other issues that might have influence on the way the host needs to organize the package and stay.
- THE ORGANIZER’S RIGHT TO CHANGE OR CANCEL THE PACKAGE TOUR WITHOUT LIABILITY
The host is obliged to inform the guest in writing as soon as possible if he wishes to change the conditions or contents. The host shall at the same time inform the guest that he is entitled to cancel the purchase if the changes entail the travel to lack essentialities. If the guest has not demanded this right within seven days after the information of change has been issued, the guest loses the right to demand cancellation of the purchase or price reductions. If this time limit is impossible to withhold due to special circumstances, the guest is obliged to contact the host as soon as possible.
The host has the right to transfer the guest to another apartment type if it still responds to the originally booked type or is an upgrade from the original. The right to such transfer is conditioned by the transfer not reducing the contents of the chosen package, or making the given information about the package or additional services no longer possible to fulfil.
The host has the right to make smaller changes in the content of the package after the agreement is signed, in a degree that it is not problematic for the guest, and as long as the guest has been informed of the changes as soon as possible. If the changes made by the host entail the package to lack essentialities, then the guest is entitled to cancel the package as long as this right has been claimed within seven days after the information about the change has been given.
Ericeira Surf Apartments has the right to cancel a package or any activities if 1) the conditions at the destination makes it unadvisable to travel due to risk of the traveller’s life and health, 2) force majeure conditions that was impossible to foresee when the agreement was entered, and makes it difficult or unadvisable to execute the tour/trip.
If a cancellation is necessary, the host is obliged to execute a written notification as soon as they are aware of the conditions that makes the cancellation a fact. A cancellation entitles the guest to receive a refund of the total amount paid to Ericeira Surf Apartments for the package.
If the host finds it necessary, an already started package can be cancelled or changed. By such cancellations the guest has the right to demand a refund equivalent to the number of days the guest has not made use of. When changing the package, the guest will be informed of the refund regulations that will abide and the possibility to make the choice whether they want to cancel the travel, or accept the changes that will be made.
6.2.1 Cancellation of surf lessons
Surfing is an activity highly depending on the weather and wave conditions. The host estimates these conditions every day and if it foresees too high risk and danger to the guests, the planned lessons can be cancelled or postponed.
The host will do it’s best to make sure the guest receives the amount of surf lessons booked in advance. In case of cancellation (by the host or the guest) the surf lessons booked prior to arrival are non-refundable.
If a guest chooses him/herself not to join the booked lessons there is no refund issued and no guarantee of a compensatory lesson on another day during the stay of the guest. Possibilities to skip a lesson should always be discussed with the host one day prior to the planned lesson.
- THE OBLIGATIONS OF THE PARTIES
7.1. The obligations of the host
The host shall execute the package accordingly to what is agreed with the guest, as written in section 2. If unforeseen conditions still make it necessary to make changes in the package, the host shall within reason make sure the guest experiences the least possible implications.
The host shall as soon as possible inform the guests of any conditions that the host sees as being of importance to the guest and his/her stay at Ericeira Surf Apartments.
If the guest states deficits, the host is obliged to do what is reasonably possible to correct the deficits as soon as possible.
It is not the obligation of the host to inform the guest about any travel restrictions, requirements or regulations in order for them to be able to travel to/from Portugal.
7.1.2 Safety of the premises
The house is equipped with safety doors with locks for the safety of the guests and their belongings. Each guest will have the necessary keys to the locks.
In case of theft of or damage (such as fire or similar event) to the belongings of the guest in the house or general areas, the host cannot be held responsible for the losses.
7.2. The obligations of the guest
The guest is obliged to read the terms and conditions, and accept them in order to book a confirmed stay at Ericeira Surf Apartments. The guest is obliged to pay the agreed funds within the time frame set in the terms and conditions and mentioned in the confirmation e-mail. Essential delay of payment gives the host the right to cancel the booking.
The guest is obliged to follow the laws, rules and regulations of Portugal and the local authorities. Before arrival it is the duty of the guest to find out any/all requirements for entering the country and all regulations regarding the health and safety during the Covid-19/Corona-virus pandemic. This might include certificates of tests/vaccination, use of personal protective equipment, quarantine and more.
The guest is obliged to give the host all relevant information (e.g., medical conditions, allergies, special needs etc.) that might have influence on the stay of the guest and/or on the manners the host may execute his/her normal routines.
If the guest fails to provide correct information, the host cannot be held responsible for any consequences following of the lack of this information.
The guest is obliged to bring valid passport and/or identity card and insurance documents with them.
The guest is furthermore obliged to follow the the hosts house rules and regulations as well as all rules and regulations of any partnering organization of the host.
The guest also agrees on following the advice given by the host and/or its partners such as time and place of meetings, activities etc., as well as the advice given on any unforeseen events during the stay at Ericeira Surf Apartments.
The guest must not present himself or herself or behave in such way that is disturbing to the other participants, breaks the house rules or creates safety or practical problems to the host.
7.2.1 Use of drugs or any other illegal substances and possession of weapons
Any use of illegal substances such as drugs etc. and possession of any dangerous weapons is strictly forbidden and will be reported to the local police. The guest in question will also be immediately rejected and does not have any right to refunds of the costs of the unused days of their stay.
7.2.2 Damage, loss and theft of equipment and/or facilities
The guest can be made liable for losses or additional expenses that are inflicted to the host due to foul breaches of these terms and conditions, laws of Portugal and/or the house rules presented to the guest upon arrival. If any facilities in and outside the house are damaged, the guest is obliged to report it as soon as possible to the host to avoid any further damage and/or physical injuries due to damaged facilities.
The guest is responsible for covering the costs if the damage caused is due to careless and/or malicious behaviour of the guest. Also, if any of the equipment is stolen of lost due to careless or malicious behaviour, the guest is responsible for covering the costs of the equipment in question.
Note that the guest is responsible for covering any damage, theft and/or loss of equipment and/or facilities belonging to the host and/or its partnering organizations if the damage has occurred while the guest has been under influence of alcohol or any other substances.
7.2.3 Risk of injuries and damage
The activities Ericeira Surf Apartments and its partnering organizations offer, involve a certain risk of damage and injury of both person and equipment, even with observation from the guides and/or instructors. Each guest must follow instructions from the host and its instructors/guides to ensure safety and comfort to each and every participant. If attending surf lessons, the guest must be able to swim and feel secure in water.
The guests are insured for accidents during surf lessons organized by the authorized partner (surf school) of Ericeira Surf Apartments. This insurance is not valid outside the supervised lesson times.
Ericeira Surf Apartments, its partnering organizations, as well as the instructors and guides they use, cannot be held responsible for any accidents/personal injuries during the stay. All activities during the stay at Ericeira Surf Apartments will take place at the own risk of the guest, and it is the guest’s own responsibility to ensure that he/she has a valid travel insurance.
Each Apartment will have their own key(s) and the guests will be handed these at arrival. During their stay the guest is responsible for the keys. In case of loss or theft the guest is responsible for covering the costs of the lost keys (EUR 30). In case the guest locks himself or herself out of the apartment, the guest is also obliged to cover for potential damage.
7.2.5 Use of rental equipment
The guest can rent surfing equipment (surfboard, leash, sup-board, wetsuit) and or bicycle(s) with a surfboard rack from the host. Rentals can only be booked upon arrival. The host cannot guarantee the availability.
The guest is responsible for careful use of the equipment for solely the purposes they are meant for. The rental bicycles come with a lock, which should be used at all times when the bicycle is left behind. If the equipment is damaged, the guest is obliged to report it as soon as possible to the host to avoid physical injuries due to damaged equipment. The guest is responsible for covering the costs if the damage is due to careless use of the equipment. Also, if any of the equipment is stolen or lost, the guest is responsible for covering the costs of the equipment in question.
The costs are as follows:
Bicycle, rack and lock: EUR 200
Surfboard: EUR 150
Wetsuit: EUR 50
The host has, at all times, the right to deny guests the use of the rental equipment if the host think the (weather or wave) conditions are not safe for the guest, if the guest is under influence of alcohol or for any other reason.
Children under the age of 18 years are only allowed to stay at Ericeira Surf Apartments with their legal parent or guardian appointed by the law or the legal parent of the minor. This person is fully responsible for the safety and health of the minor he/she is travelling with and is obligated to supervise the child at all times. The adult cannot hold Ericeira Surf Apartments and/or its staff and/or partners responsible for any accidents occurring due to the lack of supervision of the child.
Pets are not allowed at the property or in the apartments. Violation of this rule give the host the right to reject the guest(s) without any rights for refund of the paid sum.
7.3 Right to reject a guest
The host has the right to reject a guest upon arrival if he/she does not have the necessary travel and insurance documents or does not fulfil the requirements of age of the guests (under 18 only with their parents). The host also has the right to reject the guest(s) if there is any doubt the guest(s) might have been in contact with bedbugs and might be spreading them.
The host is also entitled to reject a guest at any time during his/her stay if the guest’s behaviour or state makes it obvious that he/she is unable to fulfil the demands of the terms and conditions and/or house rules.
Foul breaches of these terms and conditions and/or house rules entitles the host to refuse the specific guest and even his/her whole party their further stay at Ericeira Surf Apartments and/or any activities organized by the host and/or its partnering organizations.
The host also has the right to reject any guest(s) if they are not complacent with the health and safety rules and regulations regarding the Corona-virus/Covid-19 pandemic.
The rejected guest(s) is without right to demand refunds of the unused days and/or services. The host cannot be held liable for any costs for the guest due to the rejection.
Note that the guest who books a package on the behalf of any other guests, is obliged to ensure that the other participants are aware of and able to follow the regulations set down by the host, that they fulfil the requirements of the age limit and that the package is of such a nature that the others may participate without endeavour to themselves or others.
The house rules can be requested beforehand for the guests to get to know them before booking.
- CHECK-IN / CHECK-OUT TIMES
The standard check-in time is from 15h00 to 20h00. Late check-in (between 20h00 and 23h00) is possible, but for an additional charge of €50. Check-in after 23h00 is not possible.
The latest check-out time on the day of departure is 10h00.
- COMPLAINTS OF THE GUEST AND POSSIBLE REFUNDS
If the guest is unsatisfied with the package and/or the experience, he/she is obliged to notify the host within reasonable time so the host can take needed action to improve the experience or arrange eventually any compensation.
Any deficiency in the physical facilities of the house/apartment/equipment/garden etc. need to be reported as soon as possible on the location so that the host can replace and/or improve them to complete the package/experience. If any deficiencies in the facilities are reported afterwards, the guest has no right to compensation, as he/she did not give the host the chance to improve/compensate/replace the deficiency.
Any possible refunds will be based on the time of the report and the seriousness of the deficiency.
- PHOTOGRAPHS OF THE GUEST TAKEN DURING THE STAY
Ericeira Surf Apartments and/or its partners may take photographs or videos of their guests during their stay and the activities. Unless the guest forbids the use of the images taken, Ericeira Surf Apartments and/or its partners has the right to use the images for marketing purposes in their communication, marketing and social media channels. The guest needs to inform Ericeira Surf Apartments during the check-in if they wish not to be photographed.
- EXPOSURE TO THE CORONA-VIRUS/COVID-19 DISEASE
If any of the guest(s) or any member(s) of the staff of Ericeira Surf Apartments and/or its partners have been exposed to the Corona-virus / Covid-19 disease, the host will follow all legal requirements and protocols to resolve the situation. This might include closing the premises, quarantine of the exposed person(s) and more. The host cannot be held liable for any losses of booked packages or any extra costs arising for the guest from this situation. This section will overrule section 6.
These terms and conditions of Ericeira Surf Apartments (by Absolutely Summer Lda) are valid from December 1st 2022. Ericeira Surf Apartments (by Absolutely Summer Lda) reserves the right to changes that may occur after the printing of informational documents and price listings.