1. Skip to header
  2. Skip to navigation
  3. Skip to content
  4. Skip to footer
Vakantievilla Portugal

General terms & conditions

 GENERAL TERMS & CONDITIONS Salvacasa BV,

CONCEPTS:
In these general conditions are included:
Salvacasa BV: Salvacasa BV/ PortugalVakantievilla.nl its  subsidiaries or affiliated companies, or affiliates related to  Salvacasa BV.  
(Head) Tenant: a (natural) person that rents or wishes to rent a house of  Salvacasa BV.
Co-tenant: The person staying in the house with (head) Tenant.
Administrator: A person acting on behalf of the owner of a house taking over the administration tasks.
Consumer: An individual who rents a house and not as and act of his profession or business.
Third Party: Any other (legal) person, other than Salvacasa BV or the Tenant.
Owner: The legal owner of a house (or his representative), that appointed a house to Salvacasa BV for rent.
Offer: An offer referred to in the Civil Code.
Cancellation: The revoke or cancellation of the reservation within the valid period of time.
Term: The period in which the consumer is allowed to cancel a reservation with Salvacasa BV free of charge.
Booking: A by Salvacasa BV accepted booking for a holiday house
Dissolution: The legal way to "undo" the lease when failing to fulfil obligations under the lease  contract.
Holiday house: For example a house or castle offered for rental as holiday accommodation by Salvacasa BV.
Stay: The actual use of a holiday accommodation.
Tourist ticket: The lease

1.  Application Terms and Conditions
1.1 These general conditions apply to all offers and tenders of agreements, supplies and services of Salvacasa BV.  Different terms, agreements or arrangements only apply if and when are confirmed in writing by Salvacasa BV.  Oral agreements and / or commitment of the staff of Salvacasa BV are only valid if they are confirmed in writing and approved by authorised staff of Salvacasa BV.
1.2 These general conditions shall only apply to legal relationships  between Salvacasa BV and consumers and not to legal relations between Salvacasa BV and companies respectively
persons acting in the exercise of their profession.

2.  Deals, Prices and rates
2.1. Offers made by Salvacasa BV are subject to interim amendment.
2.2 All entries in the brochure and on the website of Salvacasa BV are considered in good faith and are always subject to interim adjustments.  Salvacasa BV is not manifest to errors and omissions in its catalogue and related website!  Salvacasa BV is not responsible for general information in the catalogue and / or the website and included therein information that is prepared under the responsibility of third parties. The tenant declares to have read the description of the house by Salvacasa BV in the catalogue and / or website and will not require further explanations.
2.3 Prices include VAT but exclude costs of cancellation and travel insurance and any other costs.  Special additional costs such as energy, cleaning and local governmental fees are set separately!
Prices are based on cost factors (such as price indices, currencies and interest rates, etc.).
Salvacasa BV is entitled, in the case of an adaptation of these costs, to make a proportional adjustment of the prices and tariffs. The current prices and rates are displayed on the
website of Salvacasa BV.  Indications of prices and tariffs shall be made subject to manifest
errors and omissions!

3.  Formation and content agreement
3.1 An agreement between Salvacasa BV and the Tenant shall be established
by confirmation of a telephone, written or electronic (internet / e-mail)  booking of one of the holiday houses of Salvacasa BV.
3.2.  After booking the Tenant receives a confirmation of the booking / rental agreement as proof of the agreement.  (Therefore keep  this information carefully!)
3.3 The, by Salvacasa BV, sent booking confirmations and leases contain all relevant information for the stay in the house.  In the interest of proper accounting and to prevent  misunderstandings, the Tenant is required immediately after receipt of the booking confirmation lease to check the data upon accuracy and completeness and in case of any omissions or inaccuracies, report within 7 days after receiving the booking confirmation or lease to Salvacasa BV. Should such notification not be reported within the prescribed term, the Tenant shall not be entitled to the incompleteness or inaccuracy of the booking confirmation / lease professions.
3.4 Salvacasa BV holds the right to reverse a booking without any giving reason.

4.  Cancellation
4.1 The Tenant is entitled to cancel a booking in writing at no cost, within a period of 7 days after booking, unless the stay in the house is  within 1 month after the booking. The date of the postmark or date of the e-mail message determines whether the cancellation is done in time.
4.2 After the time limit specified in 4.1 Tenant is only entitled to written cancellation to pay the following fees:
a. For cancellation till the 42th day before the first day spent 30% of
the rent;
b.  For cancellation from the 42th day to the 28th day before the first
stay: 60% of the rent;
c.  For cancellation from the 28th to the first day of stay: 90% of the rent;
d.  If cancelled on the first day spent or later the full rental fee will be charged.
4.3 Cancellation of a booking by the (Head) Tenant shall also be
charged to co-tenants.
4.4 The Tenant may insure himself for the cancellation period with and insurer known by Salvacasa BV.

5.  Payment
5.1 Payment of the full rental charge (including VAT and other explicit mentioned additional costs) must be notified no later than six weeks before the first day of residence in the booked holiday house.  Payment is made in two deadlines:
a. 30% of the rent must be made within 7 days of booking;
b.  70% of the rent should be at least 6 weeks before the first day of
residence.
5.2.  Notwithstanding the provisions of 5.1.  submit payments late booking (i.e. bookings within six weeks before the first day of stay) within 3 days after booking to be done entirely. Salvacasa BV is entitled, in the case of last minute bookings, to request payment in cash.
5.3 Payment may be made by written or electronic transfer or cash.  When paying by bank transfer the date of payment is considered to be the date of receipt of the rent by Salvacasa BV.  At the request of Salvacasa BV, the Tenant has to provide Salvacasa BV proof of payment.
5.4 Salvacasa BV is under no obligation to notify the Tenant at the end of a payment term or having to send account statements  etc., unless otherwise expressly agreed.
5.5 The Tenant has no right to suspend payment.  After the expiry of the payment, the Tenant is in default. The tenant can still remove default within 3 days after the occurrence of the failure by paying full rent to Salvacasa BV.
5.6 At failure of payment or late payment, all legal process and execution costs and the extra collection costs are borne by the Tenant.  The extrajudicial collection costs amount to at least fifteen percent of the invoice with a minimum of Euro 100, -.
5.7 Salvacasa BV has the right to both before and after the completion of the rental agreement request guarantee for the payment, under suspension of the execution of the lease until the
security is, without prejudice to the right of Salvacasa BV on performance, compensation and / or full or partial cancellation. This is without any judicial intervention and without Salvacasa BV being liable for damages.


6.  Deposit
6.1.  The tenant has to pay a deposit to Salvacasa BV in advance, failing that, the lease shall be considered as dissolved on the effective date!
6.2 The deposit shall be paid upon arrival at the address to the Owner or Manager of the house, unless mentioned otherwise on the lease and voucher.  At the end of the stay in the house, additional costs i.e. service and cleaning will be deducted from the deposit and if any damages or loss of or at the holiday home occurred, this will be settled with the deposit and the remainder of the deposit will be refunded to the Tenant.  The  tenant is required to provide full address and bank details (account number, IBAN and BIC code) to the owner or administrator.

7.  Rights and obligations Tenant at the house
7.1.  At the actual situation, in addition to these conditions and lease, the local law applies. To the extent not otherwise by law given precedence, these conditions and the lease apply.
7.2 The Tenant shall, unless the lease or voucher state  otherwise, upon arrival fetch the keys at the address of the house between 16.00 and 18.00 hours from the Owner or Manager of the
house.  Upon arrival outside this time slot, the tenant has to make an appointment with the owner or manager.
7.3 The Tenant shall, unless the lease or voucher states  otherwise,  leave the house before the end of the lease time. Salvacasa BV is never responsible for the consequences of leaving past the given time!
7.4 If Tenant departs after the given time than is agreed upon on the voucher, Tenant will be charged an additional fee per day.
7.5.  The Tenant is to behave as a good tenant and to use the house in accordance with Salvacasa BV or the Owner / Manager given reasonable instructions
7.6 The Tenant is legally liable for his or his co-tenants inflicted damage on the house or goods therein.  In case of damage, the Tenant should directly report it to the owner or manager. The Owner / Manager holds the right to immediately reimburse repair or replacement costs.
7.7.  On departure, the Tenant has to leave the house in a good state – that is to say broom clean. All items should remain at the original location (as upon arrival) or must be put back. Crockery should be washed and stored in the appropriate place. The Owner / Manager is entitled to make a final assessment at the time of departure. If Owner / Administrator finds that (more) things are not in their original place or put back as such, or if the house is not broom clean , then the Owner / Manager is entitled to charge extra (cleaning) costs to the tenant.
7.8 The Tenant shall use bed linens and is not entitled to use the beds without sheets.

8.  Termination of lease
Salvacasa Ltd has the right to finish the lease with immediate effect to say:
a. if, after failing to comply, been in default for the fulfilment of any serious obligation of the lease and / or conditions;
b.  if the Tenant, after being summoned, does not behave as a  good tenant, especially if the tenant, despite warnings from the Owner or Manager, causes severe disruption to his surroundings.

9. Complaints
9.1 Each cottage is carefully selected and inspected by Salvacasa BV. Salvacasa BV is responsible for the accuracy of the description of the apartment, except that a deviation of 30% of the specified residential, garden area and distance is considered acceptable. The description and impressions of the house and its surroundings, including  facilities, recreational facilities and events may by their nature or due to interim or seasonal changes vary from the description in the catalogue and website of Salvacasa BV.  In case Salvacasa BV learns of interim changes, Employees of Salvacasa BV provide information of interim changes on request.  The  information is considered to be personal and subjective.
9.2 The tenant is always entitled to present his grievances via a complaint to Salvacasa BV.  Salvacasa BV always is to examine a complaint diligently and appropriate emergency so that the complaint is discussed to the standards of reasonableness and fairness.
9.3. The Tenant has to notify a complaint, arising from arrival at the residence address or during the stay, at the latest within 24 hours to the Owner / Manager. The Manager / Owner will immediately seek a solution to solve the problem. If the complaint can’t be resolved by the Owner / Manager , the tenant has to notify Salvacasa BV about the complaint by phone within 48 hours after locating the problem in order to give Salvacasa BV the opportunity to resolve the complaint on the spot.
The notification by phone can be made during office hours at the phone number of Salvacasa BV (+31 06 51430387.)
9.4 If a complaint, after consultation with the Owner / Manager and Salvacasa BV hasn’t been resolved to the satisfaction of the Tenant, the Tenant is to request the Owner / Manager a complaint form, the form has to be filled out and sent to Salvacasa BV within 30 days after the departure of the residence, in the absence thereof, the complaint is not taken into consideration. Salvacasa BV will handle the complaint within 30 days after receipt and if the complaint appears to be rightly, seek an appropriate solution, according to the seriousness of the complaint.
9.5 The Tenant may, within 3 months after filing a complaint to Salvacasa BV , submit the dispute in writing to the Dispute Thuiswinkel  (Suriname 24, 2585 GJ, Den Haag). Before submitting the dispute to the Dispute Thuiswinkel, Salvacasa BV holds the opportunity to try to resolve the complaint. The person submitting the dispute to the Dispute Thuiswinkel, will be borne with the fee charged by the Dispute Thuiswinkel. The Dispute Thuiswinkel decides by a binding advise. Salvacasa BV will forward information regarding the procedures of the Dispute Thuiswinkel on first request to the Tenant.
9.6 In case the complaint is not satisfactory resolved  by the Dispute Thuiswinkel, Tenant is entitled to make a complaint to a competent court within a year after the ruling. The Tenant shall waive any right of compensation or alternative compensation if his complaint is not submitted initially with the Dispute Thuiswinkel.

10.  Force Majeure
10.1 In case of force majeure, both of permanent and temporary nature, Salvacasa BV has the right to entirely or in part cancel  or temporarily suspend without the Tenant having the right to request compliance or compensation. Force majeure includes, but not exclusively: war, insurrection, war, strikes, boycotts, disruption of traffic or transport, measures of government, shortage of raw materials, natural disasters and all circumstances, extraordinary weather conditions, death of owner, divorce of the owner, unannounced sales and / or occupation of the house by the owner, etcetera under which Salvacasa BV may not be required to entirely or partially fulfil the agreement to reasonableness and fairness. 
10.2 If force majeur occurs while the Tenant only partially spent time in the house, the lease will be regarded as dissolved for the time already spent.

11.  Liability
11.1 Salvacasa BV can not be held liable for the damage by the Tenant or any third party, the Tenant indemnifies Salvacasa BV against claims relating thereto. In particular, Salvacasa BV is not liable for malfunctions in and around the house such as but not limited to, malfunctions and failures of power and water plant, unannounced or unintended  construction and alterations to access or main roads.  11.2 Salvacasa BV can only be held liable for damage which is due to gross negligence or the negligence of Salvacasa BV.
11.3 Notwithstanding the preceding paragraphs, the liability of Salvacasa BV is, if and where Salvacasa BV from any matter under the lease is being held legally accountable, limited to direct damage and any consequential damage excluded. The liability of Salvacasa BV in common is limited to the maximum amount that Salvacasa BV’s insurer will pay.

12.  Privacy
Salvacasa BV will always treat all provided  or known personal data in accordance with the provisions of the Act Personal Protection.  Salvacasa BV will log eligible personal to the College Personal Protection.


13.  Final Determination
13.1 If by virtue of rules of private international law isn’t otherwise  provided, only Dutch law applies to the present conditions.
 
13.2 All disputes arising from the lease or these conditions  will in the first instance be settled by the competent court in the Netherlands, for where the rules of private international law do not provide otherwise.
13.3.  Neither party can transfer its rights and obligations to third parties unless the present conditions state otherwise.
13.4 If and to the extent any provision in he lease and the present conditions could prove invalid, the remaining terms stay in tact and the invalid Article thus deemed to be converted so that is consistent with the apparent intentions of both parties.
 
Salvacasa BV
Amersfoort, 2009