Terms and Conditions for Holiday Rental Villa da Rochinha

Porto da Cruz, Madeira

Article 1 – Definitions

1. The lesser is the owner of the holiday apartment, Harmannus Gerardus van Linschoten, located at Caminho da Rochinha 25, 9225-210, Porto da Cruz, Madeira.
2. The tenant is the guest, including any accompanying party, who makes the reservation.
3. The rental property is the holiday apartment, including inventory and facilities.

Article 2 – Formation of the Agreement

1. The rental agreement is concluded once the lesser confirms the reservation via email or the booking platform and the first payment has been received.
2. The tenant declares at the time of booking that the provided information is correct and that he or she is authorized to make the reservation.

Article 3 – Payment and Deposit

1. At the time of booking, a deposit of 30% of the total rental amount is due.
2. The remaining 70% must be paid no later than 30 days before arrival.
3. Payment is made by bank transfer or through the booking platform.
4. The reservation remains provisional and is not final until full payment has been made.

Article 3a – Tourist Tax

1. The tenant is required to pay the statutory tourist tax of Madeira
2. The tax amounts to €2 per person per night for guests aged 13 and older.
3. The tourist tax is calculated per accommodation for a maximum of the first seven nights of the stay, with a maximum of €14 per person.
4. The tax is collected on-site or via the booking platform and must be paid before or during the stay.

Article 4 – Cancellation Terms / Fees

1. Up to 30 days before arrival, the cancellation fee is 10% of the total rental amount.
2. From 30 to 15 days before arrival, the cancellation fee is 50% of the total rental amount.
3. For cancellations less than 15 days before arrival or in case of a no-show, the cancellation fee is 100% of the rental amount.
4. Cancellation is only valid upon written confirmation from the lesser.
5. No refund will be given for early departure.

Article 6 – Arrival, Check-in, and Departure

1. Check-in is possible from 3:00 PM.
2. Check-out must take place by 11:00 AM.
3. The key handover is arranged by agreement, either in person or via a key box, depending on the arrival time..
4. The tenant must provide the expected arrival and departure times in advance, including flight numbers and whether the free airport shuttle will be used.
5. During the key handover, the lesser will give a short tour of the apartment.
6. Early check-in or late check-out is possible by appointment and depends on the booking situation; a fee of €10 per hour applies.
7. At the time of check-out, the tenant must fulfill the following obligations:
   • Leave the apartment clean and tidy.
   • Do not leave dirty dishes; a full, clean dishwasher is allowed.
   • Remove all trash, including bins in the kitchen, bathroom, and bedroom.
   • Place used towels in the laundry basket in the bathroom.
   • Food and drinks that are not taken may be left behind, as long as they are still good and usable.

Article 7 – The Accommodation and Facilities.

1. The accommodation has two bedrooms: one with a double bed and one with a double bed and a bunk bed.
2. The bathroom layout consists of a large bathroom with a shower, jacuzzi bath tub, double sink, toilet, and bidet, and a small toilet with a urinal.
3. The living and kitchen area is an open living and dining space with a fully equipped kitchen.
4. Outdoor facilities include a spacious terrace with a stone barbecue and a shared outdoor whirlpool for six people.
5. Additionally, WiFi and a Smart TV are available.
6. The maximum number of guests is six; additional guests are not allowed.

Article 8 – Extras and Optional Services.

1. The airport shuttle is free and must be reserved no later than three days before arrival.
2. Snorkeling equipment is available to borrow for free.
3. Books may be exchanged in the book swap; informational books about Madeira and hiking maps may not be taken.

Article 8a – Whirlpool

1. The use of the outdoor whirlpool is included in the rental price.
2. The lesser strives to ensure that the whirlpool functions during the stay, but in exceptional cases it may be out of service or experience technical malfunctions.
3. Failure or defects of the whirlpool do not constitute grounds for cancellation, compensation, or a discount on the rental price.
4. The tenant must indicate in a timely manner whether he or she wishes to use the whirlpool, so that it can be preheated.

Article 9 – House rules and usage information

1. By entering the accommodation, the tenant and their guests accept the house rules as binding. In the event of serious or repeated violations, the lesser reserves the right to terminate the stay prematurely.
2. Smoking is not permitted inside the house. Smoking is, of course, allowed on the terrace; an ashtray is provided, and we kindly request that you use it.
3. Pets may be permitted following prior consultation. Please contact the lesser in a timely manner to discuss this
4. Please respect the Madeiran quiet hours from 23:00 to 07:00. During this period, you are requested to be mindful of the lesser and the neighbors; no loud music or parties. Excessive noise during quiet hours can lead to fines ranging from €200 to €1,000 under Portuguese law.
5. Windows and doors should be opened briefly every day for ventilation to prevent mold growth. Please close all windows and doors when leaving, as it can rain unexpectedly. The windows in the bathroom and toilet may remain open at all times.
6. Furniture, appliances, and other furnishings may not be moved or used for other purposes. Nothing may be taken from the premises; the inventory is checked after every stay.
7. Electric radiators are installed in several rooms and in the bathroom. These may be used, but are usually not necessary. Please do not leave the heating on while windows are open.
8. When cooking, please use the extractor fan built into the cooktop and open a window.
9. When using the jacuzzi function of the bathtub, the tub should be filled only to just above the jets, and no soap may be used. Locally produced bath salts are available in the small bathroom cabinet next to the toilet and can be used for a fair price.
10. Please turn off lights and electrical appliances when they are not needed or when leaving the house. Please be mindful of water consumption out of respect for the environment.
11. Only the persons specified in the booking are permitted to stay overnight in the apartment.
12. Please dispose of waste according to the instructions and do not leave any food scraps outside.
13. Any damage or defects must be reported immediately so they can be resolved quickly. Guests are liable for any damage they cause to the furnishings or inventory, or for the loss of keys. Missing or broken items will be charged. The lesser is not liable for the loss of or damage to guests’ personal belongings.
14. The internet and WiFi must be used exclusively for legal purposes. The password may not be shared with third parties.
15. The apartment is intended as a place of peace, nature, and relaxation. Party groups and bachelor or bachelorette parties are not permitted.
16. Complaints can be registered in the complaints book (Livro de Reclamações) located in the apartment. However, it is preferred that you contact the lesser directly first.

Article 10 – Fire Safety and Emergency Procedures

1. In case of emergency, call 112 for the fire department, ambulance, or police.
2. The address is Caminho da Rochinha 25, 9225-210 Porto da Cruz.
3. Safety Instructions:
   • Fire extinguishers are located next to the front door and in the hallway leading to the bedrooms.
   • A fire blanket is located in the kitchen.
   • A first aid kit is located in the kitchen cabinet.
   • The fuse box is located opposite the kitchen.
   • The primary escape route is via the main door, which must be kept clear. An alternative escape route is through the window in bedroom 1.
   • Smoke detectors are installed throughout the apartment.
4. Please immediately report anything that does not seem right, such as leaks, overflowing toilets, or other defects.

Article 11 – Liability

1. The tenant is liable for all damage caused by themselves or their group.
2. The lesser is not liable for the tenant’s personal property, except in cases of gross negligence.
3. The lesser is not liable for service interruptions or outages beyond their control.
4. The tenant is advised to take out travel and cancellation insurance.

Article 12 – Tourist Registration (Mandatory under Portuguese Law)

1. The lesser reports foreign guests to the Portuguese authorities via the SIBA system
2. The tenant must provide all necessary information for registration in advance, including full name, date of birth, nationality, passport or ID card number, arrival and departure dates, place of birth and residence, and optionally a phone number or email address for contact in case of an inspection.
3. This information must be provided no later than three days before arrival.
4. The lesser will provide proof of registration upon request.

Article 13 – Force Majeure – Accessibility of Madeira

1. In the event that Madeira is unreachable due to weather conditions, airport closures, or cancelled flights, this shall be considered a case of force majeure.
2. The lessor is not liable for missed rental periods or any associated costs.
3. The lessor may offer an alternative stay period, but is not obliged to do so.
4. The tenant is advised to take out cancellation or travel insurance that includes coverage for inaccessibility.

Article 14 – Applicable Law and Disputes

1. This rental agreement is governed by Portuguese law.
2. Disputes should preferably be settled amicably; otherwise, the Portuguese courts shall have jurisdiction.