A) Terms of Use

1. Introduction

While using or visiting the website hosted at http://www.belmarresort.com (“Site”) or the information, data files, written text, charts, links, audio files and other sounds, photographs, videos and other images (together referred to as “Contents”), resources and services, including newsletter (together, and including Contents, referred to as “Services”) made available through the website, you are, either as a user or visitor (“User”), agreeing with and accepting (i) these terms of use (“Terms of Use”) and (ii) the privacy and data protection policy available at “Privacy Policy”. The Site is property of Oceânico Lusoirlandês – InvestimentosImobiliários e Turísticos, S.A. (“Oceânico Lusoirlandês”) a company with its registered office at Amendoeira Golf Resort, Morgado da Lameira, 8365–302 Alcantarilha, Portugal, registered in the Commercial Registry of Silves, under registration and taxpayer number 500 397 503, with a share capital of EUR 1.000.000,00. The Services, including updates, developments, new tools and/or new Web properties, are subject to the Terms of Use.

2. General Obligations and Responsibilities of the User

Oceânico Lusoirlandês reserves the right to change these Terms of Use at any time, merely by posting the respective modifications online on the Site, and the User takes responsibility for verifying and complying with the terms every time they access the Site. By continuing to use the Site after the changes are posted the User is stating that they have accepted the updated version of the Terms of Use. In case the User does not agree with the modifications made or, in general, with the Terms of Use, the User must immediately cease to use the Site and the Services. By accessing, using and downloading material from the Site, the User agrees, in their own name and/or on behalf of the entity they represent, to strictly comply with the provisions of the Terms of Use, further warranting they have the power to act on behalf of the third party they represent, if applicable. The User must not, under any circumstances, access the Services by any other means other than the interface made available by Oceânico Lusoirlandês, or access (or try to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers). Under no circumstances must the User use the Site for any other purposes than the purpose of the Site, including illegal purposes, or any other ends that may be considered harmful to the market image of Oceânico Lusoirlandês. Usurping, counterfeiting, and using usurped or counterfeited content, as well as non-legitimate identification and unfair competition are criminal offenses punishable by law. Additionally, the User must not create or place on the Site any type of virus or programme that may harm or contaminate it, and must not advise others to do so.

3. User Account (Agents)

In order to access certain Services and restricted areas of the Site, the User may be required to provide some personal data (such as identification and contact details), during the registration process in order to create a User account at the Site (“User Account”). A valid e-mail address, to which the user has the right to legitimately access, must be provided, as well as any other information necessary to finalise the registration process. The information provided must be up to date, complete and accurate.The User is responsible for maintaining the confidentiality of their password. In case the User detects illicit use of their User Account, they must immediately communicate the occurrence to Oceânico Lusoirlandês. Notwithstanding, the User may be held liable by Oceânico Lusoirlandês or a third party for the illicit use of their User Account or password. 

The User Account may only be used by a third party with consent from the account holder. The User takes responsibility for any damage or loss of profit caused by a third party’s illicit conduct while using the Site and the Services, and for the Contents they make available on the Site. In case Oceânico Belmar deactivates, or in any other way prevents the User from accessing their User Account, the User understands and accepts that they may be prevented from accessing certain restricted areas of the Site, their User Account details or any contents therein.

4. User Account - Properties Owners

If you are owner of a property in “Belmar Spa & Beach Resort”, in order to access certain Services and restricted areas of the Site, you may be required to provide some personal data (such as identification and contact details), during the registration process in order to create a User Account at the Site (“User Account”). A valid e-mail address, to which the User has the right to legitimately access, must be provided, as well as any other information necessary to finalise the registration process. The information provided must be up to date, complete and accurate. The User is responsible for maintaining the confidentiality of their password. In case the User detects illicit use of their User Account, they must immediately communicate the occurrence to Oceânico Lusoirlandês.  Notwithstanding, the User may be held liable by Oceânico Lusoirlandês or a third party for the illicit use of their User Account or password. The User Account may only be used by a third party with consent from the account holder. The User takes responsibility for any damage or loss of profit caused by a third party’s illicit conduct while using the Site and the Services, and for the Contents they make available on the Site. In case Oceânico Lusoirlandês deactivates, or in any other way prevents the User from accessing their User Account, the User understands and accepts that they may be prevented from accessing certain restricted areas of the Site, their User Account details or any contents therein.

The property owner have the obligation to know any eventual extra costs attached to their reservation.

5. Rights and Obligations of Oceanico Lusoirlandês

Oceânico Lusoirlandês reserves the right to (i) modify, add or remove portions of the Terms of Use, at any time; (ii) modify or terminate the Services under any grounds and without previous notice, at any time; (iii) remove User Accounts whose contents are illicit, offensive, threatening, defamatory, pornographic, obscene or condemnable, or that violate third party intellectual property rights or these Terms of Use; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in total or in part. These changes will be effective from the date of their posting on the Site or the date on which such notifications are sent.

6. Intellectual Property and Personality Rights - Ownership

All information on the Site and the Services, and all data and information compiled by Oceânico Lusoirlandês and associated with them (such as data files, written text, Software, music, audio files and other sound, photographs, videos or other images) to which the User has access as part of the Services or by using the Services, are deemed property of Oceânico Lusoirlandês, or a third party, when duly identified. The User may not modify, let, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partial or total), unless with express consent from Oceânico Lusoirlandêsor a third party holder of the respective intellectual property and personality rights. The User recognizes and agrees that Oceânico Lusoirlandês and the third parties (as applicable) own all intellectual property rights (both registered and unregistered rights in any part of the world where such rights may exist) relative to the Services. Oceânico Lusoirlandês and third entities, as applicable, own all rights not expressly granted to the User by these Terms of Use. The User also agrees not to remove, hide, or change any intellectual property rights notices (including copyright and trademark notices) that may be posted or stored in the Services, Brands and related material unless expressly authorized by Oceânico Lusoirlandês to do so. The Terms of Use do not offer the User a right to use any trademarks or registered trademarks, service brands, logos, domain names, and other brand characteristics distinctive of Oceânico Lusoirlandês or any other entity of Oceânico Group Software. Oceânico Lusoirlandêsgrants the User a personal, worldwide, free of charge, non-transmissible and nonexclusive license to use the reservations interface made available in the Site as part of the supplied Services (“Software”). This license’s purpose is to allow the use and enjoyment of the reservation service as it is made available in the Site, and under the provisions of the Terms of Use.

The User may not, and may not allow any third parties to copy, modify, create a derivative work, reverse engineer, decompile, or, in any other way, try to extract the source code of the Software or any part of the Software, unless with express consent, or as foreseen by the applicable legislation, or if the User has been specifically authorized to do so, in writing, by Oceânico Lusoirlandês. Unless Oceânico Lusoirlandês has granted the User specific authorization, in writing, the User may not give (or sublicense) their rights to use the Software, neither may they grant their rights to use the Software as security nor, alternatively, transfer any part of their rights to use the Software.

7. Disclaimer of Warranties

To the extent permitted by the applicable legislation, the services are provided “as is” and “as available”, and Oceânico Lusoirlandês does not grant any type of warranty regarding the services. Especially, Oceânico Lusoirlandêsdoes not warrant the User that: (i) the use of the services meets their needs or expectations; (ii) the use of the services is uninterrupted or timely, safe or error free; (iii) any information obtained from the use of the services is accurate or reliable; and (iv) defects, if there are any, in the operation or functionality of any software supplied as part of the services will be corrected. Conditions, warranties, or other terms (including any implicit terms regarding quality, fitness for purpose or conformity with the description) do not apply to the services, except when expressly established by the Terms of Use. The use of the Site, Services and any material downloaded, or in any other way obtained by using the Services, is at the risk and expense of the User, who takes responsibility for any damage and loss of profit related to the equipment on which they use/view the Site, the Services and the Materials made available therein.  Nothing in the Terms and Conditions of Use can affect the consumer’s rights as established by law, where these rights are applicable and due to the consumer as they interact with Oceânico Lusoirlandês, and nothing in them can contractually alter or waive such consumer’s rights.

No recommendation or information, oral or written, from Oceânico Lusoirlandês can be used as a warranty of any type, unless if expressly defined by the Terms of Use. To make access easier for the User, Oceânico Lusoirlandês may include Links for internet Sites owned or operated by third parties. When the User uses those Links to third party Sites, they must previously review and accept the rules of that Site. The User must also accept that Oceânico Lusoirlandêsdoes not control the contents of those third parties’ Sites and cannot undertake any responsibility for the material created or posted therein. Additionally, a Link to a Site not owned by Oceânico Lusoirlandêsdoes not mean that Oceânico Lusoirlandêsendorses such Site or the products and services therein.

B) Privacy Policy

The confidentiality of the personal information of our clients is fundamental and Oceânico Lusoirlandês is committed to protecting their privacy.

1. Collection and Handling of User Data

There are many circumstances in which we request personal data of a user (”User”) from the website www.belmarresort.com (“Site”), meaning information that will allow us to identify the user or their contact details (“Personal Data”): when you place a reservation, when you register on our Site, when you subscribe to our newsletter. Collected and handled personal data consists of information regarding name, e-mail address, gender, date of birth, address, telephone number, ID number and credit card details (for payment of reservations and stays).

Therefore, the entity responsible for the collection of Personal Data is:Oceânico Lusoirlandês – InvestimentosImobiliários e Turísticos S.A. (OceânicoLosuirlandês), a company with its registered office at “Amendoeira Golf Resort”,Morgado da Lameira, 8365-302 Alcantarilha, Portugal, registered in the Commercial Registry of Silves, under registration and taxpayer number 500 397 503, with a share capital of EUR 1.000.000,00.

2. Use and Purposes of the Handling of User Data

Personal Data is used only to confirm reservations, to help and simplify the reservation process, to inform you of Oceânico Lusoirlandês promotions and information (if you subscribe our newsletter), and for statistical marketing analysis for exclusive use by Oceânico Lusoirlandês. We also identify technical information about your computer when you visit pages of our Site, such as the IP (Internet Protocol), the operative systems and the type of browser (“Usage Information”). We use this information to improve the quality of your visit to our Site, and we will not provide this information to entities external to Oceânico Lusoirlandês without your prior consent. The Usage Information and Personal Data are jointly designated in the present Privacy Policy as “User Data”.

The User Data collected by Oceânico Lusoirlandês is not shared with third parties without your prior consent, except for disclosures set forth in this Privacy Policy which you expressly consent to by accepting the Privacy Policy. Oceânico Lusoirlandês holds the right to transfer User Data, in case of sale or transmission of part or the entire company or respective shares, and also between entities that belong to GrupoOceânico. In case User Data is transmitted to third parties, we will make a considerable effort to guarantee that the receiving entity respects the Privacy Policy.

3. Access to Personal Data

Oceânico Lusoirlandês provides the means for Users to access their Personal Data. In case you want to access your Personal Data, you should contact Oceânico Lusoirlandês according to the terms set forth below.

4. Correction of Personal Data

The User has the right to request, at any given moment, the correction of their Personal Data, whether through specific internet addresses, either through areas of the Site, or by electronic address (belmar@oceanicogroup.com), according to the respective terms of the Privacy Policy.

5. Safety of User Data

In order to guarantee the safety of User Data and maximum confidentiality, we handle supplied information in a completely confidential manner, according to our internal safety and confidentiality policies and procedures. Oceânico Lusoirlandês is not responsible for the theft, destruction or dissemination of the User Data which may then circulate on the internet without any security, and may be visualized and/or utilized by non-authorized third-parties.

6. Use of Cookies

When you visit our Site, a small text file (Cookie) is created and recorded in your computer hard-drive. By recognising you, this file will allow easy and quick access, along with the customisation of the Site according to your preferences. Most browsers automatically accept these files (Cookies). However, you can erase them or automatically define them as blocked.  In the “Help” menu of your browser you will find how to make these configurations.  You can also, explicitly, accept or decline cookies on the site. However, if you do not allow the use of cookies, there may be some functionalities that you will not be able to use.

7. Changes to Privacy Policy

Oceânico Lusoirlandês reserves the right to change the Privacy Policy at all times. In case there is a substantial change, a warning may be placed in our Site.

8. Contact and Rights of Withdrawal

In case you intend to (i) ask questions or make a complaint related to the Privacy Policy; (ii) rectify your Personal Data; (iii) stop receiving commercial mailing, including emails from Oceânico Lusoirlandês, you can do so through specific internet addresses, either through areas of the Site, or by e-mail address [belmar@oceanicogroup.com].

C) Limitation of Liability

To the extent permitted under the applicable legislation, Oceânico Lusoirlandês is not liable towards the User for: (i) any damage caused from the use of the Site and the Services made available, (ii) any damage caused from: (a) any judgment the User makes regarding the integrity, the accuracy or the existence of any advertisement or any relationship or transaction made with an advertiser, whose publicity is presented in the Services or in the Newsletter of Oceânico Lusoirlandês; (b) any changes Oceânico Lusoirlandês may perform on the Services or any permanent termination of the Services (or any of the Services’ functionalities); (c) the removal, corruption or storage error of any content or communication data stored or transmitted when using the Services; (d) direct or indirect violation of the terms of use; (e) non-maintenance and confidentiality of the user password or account details. The responsibility of Oceânico Lusoirlandês by way of compensation for any damage and loss of profit regarding the site and the services, caused by Oceânico Lusoirlandês, their representatives or auxiliaries, is limited to the cases of intent or gross negligence. In case the User disagrees, in total or in part, with the Site or the Services, or these Terms of Use, they may only cease to use the Site or Services, as applicable, and demand cancellation of their account, if they own one.

D) Booking Terms (Reservations)

1. Reservations

When making a reservation, the User must fill in the respective form correctly, indicating, namely, the Services they want to use, name, arrival and departure dates, number of guests, type of accommodation required, method of payment and proof of prepayment, if applicable, special requests, if applicable (eg baby cot, extra bed, any special food requirements, eg vegetarian, etc.) The User is entirely responsible for the choices made and the information made available, which should be complete, accurate and up to date.

Confirmation of a booking is made through the Site in accordance with these booking terms, which the Customer must acknowledge and accept through the validation of a tick box for that purpose in the reservation form. Units featured are for illustrative purposes only. We do not guarantee the unit booked will be as in the brochure/website.

In addition to the foregoing, the Customer further acknowledges and accepts Terms of use of the Site and respective Privacy Policy.

No pets are allowed in the Resort.

Reservations with half board – meals included in the half board will be breakfast and dinner.

Supplements

Children – between 3 and 12 years old

Extra Bed | Sofa bed – Extra charge applies
Cot (with bedding) | High chair – Extra charge applies

Extra occupancy (children sharing parent´s bed) – Extra charge applies
Breakfast (when applicable) – Extra charge applies
Half board (when applicable) – Extra charge applies
Full board (when applicable) – Extra charge applies

For children under 3 years meals are free of charge 

2. Payment

The Customer must pay the amount indicated in the reservation form as a pre-requisite to be able to use the contracted reservation. The payment of the reservation can be made by the Customer on the Site, at the moment of booking, using their credit card, or by bank transfer to the account specified.

At check-in, Costumer will be asked to present the credit card  used  to pay for the booking. Costumer will also be asked to sign the visa receipt slip. If the reservation and payment have been made by someone other than the Customer, we will then require a valid personal credit card, to be used solely as guarantee.

When reservations are made with the option of payment at the check-in desk of the resort, the Costumer will be informed that the credit card will only be used to guarantee such reservation. Payment can be made at the resort’s check-in desk, using the same credit card, any other acceptable payment card, cash or Portuguese bank check.

Standard Bookings – a booking deposit of 20% of the total cost is required to confirm the booking. The balance of 80% can be paid before arrival or at check-in.

When payment of the remaining balance is made at the resort’s check-in desk, client can use the same credit card used to pay for the deposit, any other acceptable payment card, cash or Portuguese bank check.

Non Refundable Booking – Full payment is required in order to confirm the booking

Groups (4 or more accommodation units) & Package Bookings – A booking deposit of 20% of the total cost is required to confirm the booking. The balance of 80% must be paid at least 14 days prior to arrival.

At check-in guests will be requested to leave a security deposit of € 250 per property to cover any damage to the property during their stay.

Accepted methods of payment: Credit Card (Visa/Mastercard/American Express), bank transfer, cash or Portuguese check. All bank transfer costs must be supported by guests

Once the deposit has been taken and the booking is confirmed there will be no alteration to price, except if additional services are requested by the guest, including but not limited to: additional transfers, golf rounds, spa treatments, etc. 

3. Cancellation & No Show

The cancellation of any reservation made through the Site must always be in writing to the e-mail address belmar@oceanicogroup.com, and will only be considered valid upon acceptance also in writing.

Standard Bookings: In case of booking cancellations made up to 7 days prior to arrival date, the deposit will be fully refundable. In case of cancellations made less than 7 days before the arrival date, or no show, the deposit will not be refundable.

Any changes made less than 7 days before the arrival date, Belmar Spa & Beach Resort reserves the right to charge the total amount of the initial booking.

Non Refundable Bookings: Changes are not allowed. In case of cancellation or no show the total amount of the initial reservation will be charged.

Groups (4 or more accommodation units) & Package Bookings – In case of a booking cancellations made up to 30 days prior to arrival the deposit will be fully refundable. In case of cancellations made between 29 and 14 days prior to arrival the deposit will not be refundable.  In case of a booking cancelled less than 14 days prior to arrival, or a no show, the full cost of the booking will be charged. No refund will be made if guests vacating the accommodation unit prior to the expiry of the booking period.

4. Taxes

Except if explicitly referred to otherwise, the taxes legally owed (including, namely, Value Added Tax) will be included in the reservation price, being charged by Oceânico Lusoirlandês to the Customer at the current legal rate on the date of the booking, based on the contracted services.

E) General Provisions

1. Prevalence

In case of conflicts between the Terms of Use and other specific provisions or specific terms and conditions on the Site concerning certain materials, the specific provisions will prevail.

2. Exercising Rights

The choice not to exercise any rights or provisions, as foreseen by the Terms of Use, by Oceânico Lusoirlandês must not be deemed a waiver to such rights.

3. Entirety

The Terms of Use constitute the entire agreement between the User and Oceânico Lusoirlandês concerning the use and consultation of the Site and the Services by the User, and regulate their use (excluding any Services that may be supplied by Oceânico Lusoirlandês in the scope of a separate contract), fully replacing any previous agreements made between the User and Oceânico Lusoirlandês concerning the Site and the Services.

4. Reduction

Non-validity, declared by judicial or arbitrary rulings, res judicata, of a provision of the Terms of Use, does not determine the non-validity of the remaining provisions, and Oceânico Lusoirlandês reserves the right to, if applicable, modify the Terms of Use in order to suppress the non-valid character of the provision.

The property owner have the obligation to know any eventual extra costs attached to their reservation.

5. Notices/Communications/Complaints

Any notifications and communications from Oceânico Lusoirlandês to the User under the Terms of Use must, preferably, be sent to the e-mail or home addresses made available by the User, without prejudice of Oceânico Lusoirlandês’ ability to resort to other elements and contact methods.

Any notices, communications and complaints from the User must be sent, preferably, to the e-mail address [belmar@oceanicogroup.com].

6. Applicable Laws And Jurisdiction

The Terms of Use, as well as the User’s relationship with Oceânico Lusoirlandês in accordance with these Terms, are ruled by the applicable laws of the Portuguese Republic. The User and Oceânico Lusoirlandês agree to submit to the exclusive jurisdiction of the county courts of Silves the resolution of any litigation relating to the validity, interpretation or execution of the Privacy Policy, or that are related with the collection, treatment or transmission of User Data, without prejudice of the mandatory legal regulations applicable.