Article 1 – Definitions
In these terms and conditions shall apply:
BOAZ rentals, Carvoeiro, Portugal.
Accommodation: A house or villa offered by BOAZ on behalf of the owner for rental or recreational use.
Lease: A contract between owner and tenant of a rental in BOAZ accommodation.
Lessee: The person who rents the accommodation from the range of BOAZ rents or intends to rent it.
Co-tenant: The tenant accompanying persons who will make use of the rented accommodation.
Owner: The rightful owner / owners (or their representatives) of the rental accommodation.
Manager: A designated contact person by the owner or Management Company, who acts on behalf of the owner or Management Company.
Rent: The rent of the accommodation.
Total amount: The rental fee plus any remaining amounts due to the owner or to BOAZ.
Written communication: messages and documents, sent both by post and e-mail.
Article 2 – Applicability of General Conditions
These general conditions apply to all offers, quotations, contracts and services provided by, with and through BOAZ. Deviating conditions are not applicable without specific written acceptance thereof by BOAZ. Oral agreements and / or promises of employees of BOAZ, to the extent inconsistent with these Terms and Conditions, are only valid if confirmed in writing.
BOAZ reserves the right to change these terms and conditions unilaterally.
BOAZ will announce every change in there terms and conditions at least one month before the commencement, by a written notice or through the web page of BOAZ
Article 3 – Nature of the agreement
BOAZ mediates in the creation of a lease between the villa owner and the tenant and is explicitly not a party.
Bookings for an accommodation will be made by Internet or telephone. With an internet booking, the lease will be created by BOAZ, after receiving the e-mailed booking form, and confirmed with the deposit payment, payable to BOAZ (see art.4).
In a reservation made by phone, BOAZ will create the lease and send it by e-mail to the tenant and this needs also to be confirmed with the deposit payment. Both methods of booking will be final and binding, i.e. the cancellation in Article 8 cancellation is due.
Article 4 – Payment
Within 5 days after the reservation date, 30% of the total rental has to be in the bank account of BOAZ.
The remaining 70% plus any additional charges, is due 8 weeks before the rental starts.
In reservations made within 8 weeks before arrival at the villa, the full invoice amount has to be paid within 3 days after receipt of the booking confirmation.
When booking within 1 week before departure, the full invoice amount has to be transferred to BOAZ by telephone banking, where the costs are entirely borne by the tenant.
For late payment of the amounts due BOAZ will send a written reminder. If the amount due within 14 days after the date of the notice is not in possession of BOAZ, the contract will be cancelled. BOAZ will charge the cancellation fees as defined in Article 8 to the tenants.
If BOAZ does not have the full amount of the rent on the day of arrival, BOAZ is entitled to deny the tenants access to the property, without prejudice to the right which BOAZ has for full payment of the agreed amount.
Article 5 – Additional costs
Any additional costs, such as security deposits, costs for final cleaning and tourism tax, are to be paid directly on the spot in cash to the owner or villa manager, or, if indicated on the invoice, to be paid to BOAZ.
Article 6 – Use of the property
The tenant must behave as a good tenant and only and exclusively use the property according to the owner / manager and / or BOAZ supplied instructions. Only the persons whose names are on the booking form and accommodation voucher are entitled to use the property.
It is only under certain conditions and with written permission from BOAZ allowed to use the property for commercial purposes such as photo shoots or video reports. Also for having private parties, weddings and receptions, the written permission of BOAZ is required.
The tenant must adhere to the arrival and departure times as indicated on the voucher. For different arrival or departure times, the tenant needs to contact BOAZ. Any costs arising from different arrival or departure times are the sole responsibility of the tenant.
Article 7: Price and price change
If, after the adoption of the agreed additional costs, extra costs rise on the part of BOAZ, they may, even after the conclusion of the agreement, charge these to the tenant in case the extra costs are the result of an amendment charges and / or fees directly related to the property or the tenant.
The prices published on the website of BOAZ are subject to price changes, technical errors and obvious typographical errors.
Article 8 – Cancellation
The tenant may at any time cancel the lease or come up with a substitute tenant, provided that this is done in writing.
In case of cancellation by the tenant, the following is in order:
- Cancellation after the accommodation is booked: 30% of the agreed rent;
- Cancellation between 56 days and 42 days before arrival: 50% of the agreed rent;
- Cancellation between 42 days before arrival date: 100% 0f the agreed rent.
BOAZ reserves the right to make exceptions, but only in favor of the tenant. In addition, BOAZ is obligated in the event of cancellation by the tenant to make efforts to further letting of the accommodation. If this is successful, there will be only (determined by BOAZ) limited costs to be charged.
Article 9 – Termination or modification by BOAZ
BOAZ may only terminate the lease or change in the following cases:
In case of force majeure such as war, strike, natural disaster, adverse weather conditions, fire, death of the owner, unannounced sale and/or occupation of the property by the new owner, etc.;
Due to significant circumstances. Compelling circumstances mean circumstances of such a nature, that further alignment of BOAZ to the agreement cannot reasonably be demanded; rarely are BOAZ forced due to compelling circumstances to cancel the lease.
If the tenant, after this was pointed out to them by the owner or manager, does not behave as a good tenant or serious nuisance to the environment has been caused by the tenant. Insofar as the above, there is no negligence or culpable conduct of the tenant, BOAZ will offer the tenant as soon as possible an amendment in the form of an alternative offer of accommodation. If this is not possible or the tenant does not accept the alternative, the amount of rent will be refunded in full. Any other damages resulting from the termination or modification will not be reimbursed by BOAZ.
Article 10 – Liability
BOAZ mediates between the owner of the property and the tenant and is explicitly not a party.
BOAZ accepts no liability for:
- Theft, loss or damage of any kind during or following a stay in one of our homes;
- The breaking down or disabling of technical equipment in the homes, temporary outages or disruptions in and around the property of water/power, not previously announced street roadwork and construction surrounding the property;
- The non-or partial execution of the lease in case of force majeure. This shall include cases that the hired services by the owner, from which BOAZ is depended, is continuously negligent;
- Obvious mistakes or errors on the website of BOAZ or other notice, including errors in texts and pictures from the homeowners;
- Accidents in and around the accommodation.
The lessee is liable for all loss / damage to the rented property and inventory thereof, whether as a result of acts or omissions of the tenant or third party, staying there with the consent of the tenant. If tenants misuse or leave the property in a condition that is considered excessively dirty, any additional costs will be passed to the tenant.
Article 11 – Complaints
The lessee shall submit complaints in the first instance with the manager to find a solution. If the complaint is recorded on the spot by the villa manager, but can’t be resolved, the tenant must contact BOAZ within 48 hours. BOAZ will endeavour, insofar as this is within its abilities, to solve the complaint to the satisfaction of the tenant. Complaints reported and received after the expiry of the rental period, are not taken into consideration.
The tenant must always give BOAZ the opportunity to propose a suitable solution to the complaint. Early departure without prior consultation with the villa manager and / or BOAZ, indemnify owner and BOAZ of any acceptance of a complaint or any form of refund whatsoever.
Should the complaint not be satisfactorily resolved, then tenants should complain in writing and furnished with as much information as possible, then submitted to BOAZ, Apartado 1045, 8401-908, Carvoeiro, Portugal, within 4 weeks after the departure date.
Article 12 – Final Provisions
These general conditions are governed by Portuguese law, if this is not according to the rules of private international law that provides otherwise. Any disputes arising from these terms will therefore initially be settled by the competent court in Portugal, unless international law provides otherwise.