(1)The landlord and contracting party is HCH CURATORS Lda., registered office Sítio dos Gregórios, Fonte da Venta, 8300-184 Silves, Portugal, represented by its manager (gerente) Larissa Rodler. Commercial registry: 0505-0435-4525. Portuguese tax number (NIF): 519586441. Email: [email protected] / [email protected]. Phone: +351 915 778 554.
(2)The property is Vila dos Ventos, 8125-171 Quarteira/Vilamoura, Municipality of Loulé, Portugal (the “Property”), registered as Alojamento Local under no. [AL no. requested].
(3)These Terms apply to the provision of the Property as holiday accommodation (Alojamento Local, Part B), as residential accommodation for long-term or fixed-term use (Arrendamento, Part C) and as a venue for weddings, retreats, birthdays, workations, corporate events, photo and film productions and similar occasions (Part D), and to all associated additional services.
(4)Parts B, C and D take precedence over Part A. Individually negotiated agreements take precedence over these Terms (Art. 7 Decree-Law no. 446/85, Standard Contract Terms Act). Deviating terms of the customer apply only if HCH has expressly agreed to them in text form.
(5)HCH makes these Terms available to the customer in full before the contract is concluded and explains them on request (Arts. 5 and 6 Decree-Law no. 446/85).
(1)Descriptions of the Property on the website, in brochures or on platforms are non-binding.
(2)The contract is concluded when the customer receives HCH’s booking confirmation in text form (by email from [email protected] / [email protected] or via the booking system), or when both parties have signed the contract. Long-term rental agreements must be concluded in writing (Part C).
(3)The customer making the booking must be of legal age. The customer is liable for all persons named in the booking if they have expressly declared so.
(4)For bookings made via third-party platforms (e.g. Airbnb, Booking.com), the payment and cancellation terms of those platforms take precedence; these Terms apply in addition.
For accommodation services other than for residential purposes and for leisure services provided on a specific date or within a specific period, there is no right of withdrawal for distance and online contracts (Art. 17 Decree-Law no. 24/2014, implementing Art. 16(l) of Directive 2011/83/EU). This applies to holiday rentals (Part B) and events (Part D). Only the cancellation terms set out in these Terms apply.
(1)The prices stated in the booking confirmation or in the price list (Annex 2) apply. Prices are in euros and include Portuguese VAT (IVA) where applicable.
(2)The tourist tax of the Municipality of Loulé (Taxa Municipal Turística) is charged in addition. It is payable at check-in or check-out and shown separately on the invoice (see Annex 2).
(3)Payment is made by bank transfer to HCH CURATORS, IBAN PT50 0045 7130 4041 9026 0579 4, BIC CCCMPTPL, Crédito Agrícola, or by PayPal. Bank charges for international transfers from outside the SEPA area are borne by the customer.
(4)HCH issues a proper invoice (fatura). If the customer provides a tax number, it is stated on the invoice.
(5)If the customer fails to pay amounts due even after a reminder with a reasonable deadline, HCH may withdraw from the contract and claim compensation in accordance with Part B or Part D.
(1)HCH may require a security deposit in the amount stated in the contract or the price list. It secures claims for damages, extraordinary cleaning and costs payable on site.
(2)The security deposit is payable at key handover. It is refunded after return and inspection of the Property, no later than 14 days thereafter, less justified claims substantiated in writing.
(3)For long-term rentals, Part C applies.
(1)The customer is liable for damage to the Property, its inventory, the pool, the gas grill and the garden culpably caused by the customer, fellow travellers, visitors, event guests, service providers or other persons acting on the customer’s behalf.
(2)Damage must be reported immediately on +351 915 778 554 or to [email protected] / [email protected].
(1)HCH is liable without limitation for intent (dolo) and gross negligence (culpa grave). This liability cannot be excluded or limited (Art. 18 Decree-Law no. 446/85).
(2)In all other cases, and to the extent permitted by law, HCH’s liability is limited to damage typical of the contract and foreseeable at the time the contract was concluded.
(3)HCH is liable for the customer’s valuables, vehicles, bicycles, equipment and decorations only in accordance with paragraphs 1 and 2.
(4)HCH is not liable for disruptions caused by third parties for which HCH is not responsible (e.g. construction noise in the neighbourhood, interruption of electricity, water or internet supply by the provider). The customer’s statutory rights in respect of defects of the Property remain unaffected.
(5)HCH holds the third-party liability insurance required by law for Alojamento Local (Art. 13-A Decree-Law no. 128/2014). Insurer: Generali Tranquilidade, policy no. 0011421885.
(1)The customer must report defects immediately, and obvious defects within 24 hours of arrival, on +351 915 778 554 or to [email protected], and give HCH the opportunity to remedy them.
(2)If the customer culpably fails to report a defect, the customer cannot assert claims to the extent that HCH was unable to remedy the defect for this reason.
HCH or persons commissioned by HCH (e.g. pool service, gardeners, tradespeople) may enter the Property, or the pool and garden, for good cause after giving notice. No notice is required in case of imminent danger. Fixed maintenance times for pool and garden are set out in the house rules.
If performance becomes impossible or unreasonable due to unforeseeable circumstances for which neither party is responsible (e.g. natural disasters, wildfires, official orders, epidemics), either party may withdraw from the contract. Amounts already paid for services not provided are refunded (Arts. 790 et seq. Portuguese Civil Code). Further claims are excluded to the extent permitted by law.
(1)The house rules (Annex 1) form part of the contract.
(2)Smoking is not permitted inside the house. In the event of a breach, a flat fee of €3,500 is charged for extraordinary cleaning.
(3)Pets are permitted only by prior agreement in text form. Assistance dogs are always admitted (Decree-Law no. 74/2007).
(1)HCH is legally obliged to report guests who are not Portuguese nationals to the authorities via the SIBA reporting system within three working days. For this purpose, the customer provides the required identity details of all guests before or on arrival.
(2)Personal data is processed in accordance with the GDPR and the Portuguese Data Protection Act (Law no. 58/2019) solely for the performance of the contract, invoicing and compliance with legal obligations. Controller: HCH CURATORS Lda., Sítio dos Gregórios, Fonte da Venta, 8300-184 Silves, [email protected]. Privacy policy: [link].
(1)A complaints book (Livro de Reclamações) is available at the Property and online at www.livroreclamacoes.pt (Decree-Law no. 156/2005).
(2)In disputes with consumers, the customer may contact an alternative dispute resolution body, e.g. the Algarve Consumer Arbitration Centre (Centro de Arbitragem de Conflitos de Consumo do Algarve, www.consumoalgarve.pt) (Law no. 144/2015). Further bodies are listed at www.consumidor.gov.pt. HCH is not obliged to participate in such proceedings.
(1)Portuguese law applies. For contracts relating to the rental of immovable property, the law of the country in which the property is located applies in any case (Art. 4(1)(c) Rome I Regulation). Mandatory consumer protection provisions of the consumer’s country of residence remain unaffected to the extent they apply under Art. 6 Rome I Regulation.
(2)For claims arising from the rental of the Property, the courts in Portugal for the district in which the Property is located (Comarca de Faro, Loulé) have exclusive jurisdiction (Art. 24(1) Brussels Ia Regulation). For tenancies of no more than six consecutive months for temporary private use, the courts of the Member State in which the defendant is domiciled also have jurisdiction, provided the tenant is a natural person and both parties are domiciled in the same Member State. For event contracts with businesses, the place of jurisdiction is Faro. For consumers, the statutory places of jurisdiction apply.
(3)These Terms are available in Portuguese and English. In the event of discrepancies, the Portuguese version prevails to the extent permitted by law.
(4)If any provision of these Terms is invalid, the remaining provisions remain valid. The invalid provision is replaced by the statutory provision (Art. 9 Decree-Law no. 446/85).
(1)The Property is provided exclusively as temporary tourist accommodation for the agreed period. This is an accommodation service under Decree-Law no. 128/2014 (Alojamento Local), not a residential tenancy.
(2)Maximum occupancy is 10 persons, including children. Infants under 5 years of age are not counted. Subletting, provision to third parties and over-occupancy are not permitted without HCH’s prior consent in text form. In the event of over-occupancy, HCH may charge a supplement for each additional person or refuse that person. In the event of significant over-occupancy, HCH may terminate the contract with immediate effect.
(3)Parties and events are permitted only if booked under Part D. Quiet hours apply from 23:00 to 07:00 (General Noise Regulation, Decree-Law no. 9/2007).
(1)An advance payment of 30% is due within 7 days of the booking confirmation; the balance is due no later than 60 days before arrival.
(2)For bookings made less than 30 days before arrival, the full amount is due immediately.
(3)There is no entitlement to use of the Property until payment has been made in full.
(1)Check-in is from 16:00, check-out by 10:00. Other times only by arrangement.
(2)Handover takes place in person.
(3)If the Property is returned late, compensation for use is payable. HCH may also claim further damage, for example from a lost subsequent booking.
(4)If keys or codes are lost, the customer bears the cost of replacement or of changing the locks.
(1)The Property, pool, gas grill and garden must be used with care and in accordance with the house rules. Use of the pool is at the guest’s own risk; there is no lifeguard. Children may use the pool only under adult supervision.
(2)On departure, the dishes must be washed, waste separated and disposed of, and the fridge emptied.
(3)Final cleaning is charged at €750. Exceptional soiling is charged according to the effort involved.
(1)Cancellations must be made in text form to [email protected]. The time of receipt is decisive.
(2)HCH may charge the following flat-rate compensation, calculated on the total price:
| Cancellation received | Compensation |
|---|---|
| 61 days or more before arrival | handling fee of 250€ |
| 60 to 31 days before arrival | 50 % |
| 30 days or less before arrival, or no-show | 100 % |
(3)The guest may prove that HCH incurred no loss or a lower loss. HCH endeavours to re-let the Property. Income from re-letting and expenses saved are credited. The flat rates are set so that they are not disproportionate (Art. 19(c) Decree-Law no. 446/85).
(4)The guest may nominate a suitable replacement guest. HCH may refuse the replacement only for good cause.
(5)HCH recommends taking out travel cancellation insurance.
If the guest leaves early, the full price remains payable. Section 19(3) applies accordingly.
(1)For long-term rentals, a separate written tenancy agreement is always concluded (Art. 1069 Civil Code). The provisions on residential tenancy (Arts. 1022 et seq. and 1064 et seq. Civil Code) and the New Urban Lease Regime (NRAU, Law no. 6/2006, as amended) apply. Mandatory tenant protection provisions take precedence over these Terms.
(2)The agreement is concluded as a tenancy for non-permanent residence or temporary purpose such as work, study or workation (habitação não permanente / fins especiais transitórios). The purpose and term are stated in the tenancy agreement.
(3)HCH registers the agreement with the Tax and Customs Authority (Autoridade Tributária e Aduaneira) as required by law.
(4)During a long-term rental, use of the Property as Alojamento Local is suspended.
(1)Rent is payable monthly in advance, no later than the 8 day of each month, unless the tenancy agreement specifies a different date.
(2)Utilities (electricity, water, gas, internet, pool maintenance, garden maintenance) are charged according to consumption.
(3)A security deposit (caução) and advance rent payments are permitted only up to the amount allowed by law (Art. 1076 Civil Code).
(4)In the event of late payment, the statutory rules apply, in particular Arts. 1041 and 1083 Civil Code.
(1)The tenant may use the Property only for the agreed purpose. Subletting and tourist re-letting are not permitted without HCH’s written consent (Arts. 1038(f) and 1088 Civil Code).
(2)Structural alterations require prior written consent.
(3)The tenancy agreement determines who maintains the pool, gas grill and garden and who bears the costs.
(1)Term, renewal, objection to renewal and termination are governed by the tenancy agreement and the mandatory statutory notice periods (Arts. 1096 et seq. Civil Code). Notices must be given in the form required by law, e.g. by registered letter with acknowledgement of receipt.
(2)At the end of the tenancy, the Property must be returned vacated, cleaned and with all keys. A handover report is prepared.
(1)HCH provides the customer with the Property or the agreed areas (house, garden, pool, grill) for the agreed event, in particular weddings, retreats, birthdays, workations, corporate events and photo and film productions. The minimum booking is one day. Bookings over several days, including overnight stays, are possible.
(2)For bookings that include overnight stays, Part B also applies to the overnight stay.
(3)The type of event, number of participants, programme and service providers (catering, music, technical equipment, decoration, celebrant etc.) must be stated at the time of booking. Material changes require HCH’s consent. The maximum number of participants is 100.
(1)The customer is the organiser and is responsible for the safe conduct of the event and for compliance with Portuguese regulations, in particular on noise, fire safety, protection of minors and the prohibition on serving alcohol to minors.
(2)Events with music or noise after 23:00, or on weekends and public holidays, require a special noise licence (licença especial de ruído) from the Câmara Municipal de Loulé. HCH applies for the licence for a fee. Any copyright fees for music performed in public (e.g. SPA or PassMúsica) must be registered and paid by the customer.
(3)The customer names a responsible person of legal age who is present throughout the event. Name and mobile number are recorded in the event contract.
(4)Escape routes must be kept clear. Without HCH’s consent in text form, the following are prohibited: open fire, fireworks and pyrotechnics, sky lanterns, confetti, glitter, fog machines and attaching objects to walls or ceilings. During official fire bans due to wildfire risk, the official prohibitions also apply.
(5)No glass is permitted in the pool area during events. The pool may be used only when a supervisor provided by the customer is present.
(6)The gas grill may be operated only by adults who have been instructed in its use.
(7)In the event of serious breaches, HCH may interrupt or end the event. In this case the agreed fee remains payable.
(1)External service providers require HCH’s prior consent. They must hold the permits and insurance required for their activity in Portugal.
(2)The customer is liable for their service providers.
(3)Items brought onto the Property must be removed by 12:00 the day after the last day of the booking. After that, HCH may remove and store them at the customer’s expense.
The customer takes out third-party liability insurance for the event, valid in Portugal, with minimum cover of €150,000, and provides proof to HCH no later than 30 days before the event. For private celebrations, private liability insurance that is also valid abroad is sufficient by arrangement.
(1)An advance payment of 50% is due on conclusion of the contract; the balance is due no later than 14 days before the event. Services charged according to effort are invoiced after the event.
(2)A security deposit in accordance with Annex 2 is charged for events. Section 5 applies accordingly.
(1)Cancellations must be made in text form to [email protected]. HCH may charge the following flat-rate compensation, calculated on the agreed fee:
| Weddings: cancellation received | Other events: cancellation received | Compensation |
|---|---|---|
| 121 days or more before | 91 days or more before | handling fee 500€ |
| 120-90 days before | 90 – 60 days before | 50 % |
| 89-31 days before | 59-31 days before | 75% |
| 30 days or less before, or event not held | 30 days or less before, or event not held | 100 % |
(2)Section 19(3) applies accordingly. Third-party services ordered by HCH at the customer’s request that can no longer be cancelled free of charge must be reimbursed in addition.
(3)The final number of participants until 21 days before the event. Any guests above the booked format are charged at the next fee level.
HCH may withdraw from the contract for good cause, in particular if (a) payments are not made despite a reminder, (b) the customer has given false information on the type, purpose or number of participants, (c) the safety, operation or reputation of HCH is put at risk, e.g. by unlawful or extremist content, or (d) required permits or proof of insurance are missing for reasons for which the customer is responsible. In these cases the claim to compensation under Section 30 remains.
(1)Commercial photo and film shoots require HCH’s consent. On publication, the Property must not be named / HCH must be credited as the location.
(2)HCH may use images of the location without identifiable persons for its own advertising only with the customer’s consent.
or write to [email protected]
HCH CURATORS Lda. · Sítio dos Gregórios, Fonte da Venta, 8300-184 Silves, Portugal
NIF 519586441 · Alojamento Local no. [AL no. pending] · +351 915 778 554
Annexes: Annex 1 House rules · Annex 2 Price list · Annex 3 Privacy policy [link]