2. General Obligations and Responsibilities of the User
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
6. Intellectual Property and Personality Rights - Ownership
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
The confidentiality of the personal information of our clients is fundamental and a commitment of “Oceânico Lusoirlandês – Investimentos Imobiliários e Turísticos, S.A.” (hereinafter “Oceânico Lusoirlandês”).
1. User Data (Data Holder)
1.1. 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"). This may happen within the scope of availability of the website; while entering into any contracts (namely hotel services, booking of accommodation, Spa treatments and products), supply of information, content, including newsletters, login areas, or any other telephone contact, (hereinafter collectively referred to as “Services”), to its users and other entities related to it.
As a rule, Personal Data is collected and handled when the User registers with the Site, requests to be contacted and/or to receive our newsletter, subscribes a specific Service, supplies or requests information, purchases a product or establishes a contractual relationship with Oceânico Lusoirlandês.
Personal Data is the information which allows for the identification or contact of the User when making a reservation, registers with our Site or subscribes our newsletter. The collected and handled Personal Data consists of information relating to name, nationality, date of birth, address, e-mail address, telephone, mobile phone, tax identification number, credit card details (only collected for invoicing purposes), however, other Personal Data may be collected which may prove necessary or useful for supply or charge of Services by “Oceânico Lusoirlandês – Investimentos Imobiliários e Turísticos, S.A.” – Responsible Entity for the collection and handling of Personal Data – better identified below.
After the collection of the Personal Data, more detailed information is given to the User in relation to the nature of the data collected, the purpose of the collection and the handling of the data, as well as the information referred to in paragraph 7 below.
It is also collected and handled, information relating to the characteristics of your hardware and browser/software characteristics, as well as information on the pages visited by the User within the Site. This information may include your IP (Internet Protocol) address, the operating system and the type of browser (“Usability Information”). We use this information only to improve the quality of your visit to our Site.
1.2. Handling Responsible Entity
The Responsible Entity for collection of the Personal Data is “Oceânico Lusoirlandês – Investimentos Imobiliários e Turísticos, S.A.”, a company with its registered office at Amendoeira Golf Resort, Oceânico Lusoirlandês, 8365-302 Alcantarilha, Algarve, Portugal, registered in the Commercial Registry of Silves, under registration and taxpayer number 500397503, with a share capital of EUR 1,000,000.00.
1.3. Subcontracted Entities
These Subcontracted Entities will not be allowed to supply the User Data to other entities without “Oceânico Lusoirlandês” giving prior written authorization to this effect, being always prevented from contracting other entities without “Oceânico Lusoirlandês” prior authorization.
“Oceânico Lusoirlandês” commits to subcontract only entities who offer maximum security in the performance of technical and adequate organizational measures, for the purpose of ensuring the User rights protection. All Entities subcontracted by “Oceânico Lusoirlandês” are bound to the latter by a written contract regulating, specifically, the subject and duration of the handling, the nature and purpose of the handling, the type of personal data, the categories of the data holders and the rights and obligations of the parties.
Following the collection of the Personal Data, and if applicable, “Oceânico Lusoirlandês” provides the User, information about the Subcontracted Entities that in this specific instance might handle the data on behalf of “Oceânico Lusoirlandês”.
1.4. Data Collection Channels
“Oceânico Lusoirlandês” may collect data in a direct way (i.e. directly from the user) or in an indirect way (i.e. through partner entities or third parties). The collection may be done through the following channels:
Direct collection: in person, by telephone, by e-mail or through the Site.
Indirect collection: through partners or group companies and official entities.
2. General Principles Applicable to the User Data Handling
2.1. Principles Relating to Personal Data Handling
“Oceânico Lusoirlandês” ensures the User Data collected is handled in accordance with the following general principles:
2.2. Lawfulness of Handling
The data handling performed by “Oceânico Lusoirlandês” are permitted and legal when at least one of the following situations applies:
“Oceânico Lusoirlandês” undertakes to ensure the handling of the User data is only performed in the conditions set out above and respecting the principles above mentioned.
2.3. Applicable Conditions to Consent
When the processing of the User Data is performed by “Oceânico Lusoirlandês” based on the consent of the User, it has the right to withdraw its consent at any time. However, the withdrawal of consent does not compromise the lawfulness of the processing done by “Oceânico Lusoirlandês” based on the consent previously granted by the User.
2.4. Term of Data Storage
The period of time during which the data is stored and maintained varies in accordance with the purpose for which the information is processed.
“Oceânico Lusoirlandês” will comply with the legal requirements that oblige us to keep Personal Data for a minimum period of time. Where there is no specific legal obligation, the data will be stored only for the minimum period necessary for the purposes for which it was collected or subsequently processed, being deleted on its expiry.
3. Usage and Purpose of User Data Processing
The collected Personal Data will be used solely for the following purposes:
4. Implemented Technical, Organizational and Security Measures
4.1. User Data Security
To guarantee the security of the User Data and maximum confidentiality, “Oceânico Lusoirlandês” processes the information supplied in a completely confidential manner, in accordance with its internal security and confidentiality procedures, which are periodically reviewed and updated in accordance with the needs and in accordance with the terms and conditions legally envisaged.
Considering the nature, scope, context and the purposes of the data processing, as well as the inherent risks for the rights and liberties of the User, arising from the processing of data, “Oceânico Lusoirlandês” commits itself to applying, not only at the time of defining the processing means, but also at the time of the actual processing, the necessary and adequate technical and organizational measures to the protection of User Data and to the compliance with the legal obligations.
Commits itself further to ensure that, by default, only the necessary data for each specific purpose is processed and that that data is not made available without human intervention and to an undetermined number of people.
The communication between the User device and the Site of “Oceânico Lusoirlandês” is made through secure communications channels which use the HTTPS protocol and the security standard SSL. Nevertheless, in terms of general measures, “Oceânico Lusoirlandês” adopts the following:
5. Data transfer to outside the European Union
The Personal Data collected and used by “Oceânico Lusoirlandês” are not made available to third parties outside the European Union. If, in the future, this transfer comes to happen, “Oceânico Lusoirlandês” commits itself to ensure the transfer complies with the applicable legal terms, namely in terms of the determination of the suitability of such country for the protection of data and the requirements applicable to such transfers.
When visiting the Site of “Oceânico Lusoirlandês”, consent will be requested from the User for the creation and saving on your computer of a text file (Cookie). This file, when recognizing you, will allow the User an easier and faster access to the Site, as well as a personalized use in accordance with your preferences.
7. Right to Information
7.1. Information provided by “Oceânico Lusoirlandês” to the User (when the Data is collected directly from the User):
7.2. Information provided by “Oceânico Lusoirlandês” to the User (when the Data is not collected directly from the User):
7.3. Procedures and Implemented Measures for the Compliance with the Right to Information
The information set out in points 7.1 and 7.2 above shall be provided in writing (including by electronic means) by "Oceânico Lusoirlandês" prior to the processing of the Personal Data concerned. Under the applicable legislation, "Oceânico Lusoirlandês" has no obligation to provide the user the information mentioned in 7.1. and 7.2. above, when, and to the extent that the User is already aware of them.
The information is provided to the User by “Oceânico Lusoirlandês” at no cost.
8. Right of Access to Personal Data
"Oceânico Lusoirlandês" guarantees the means to enable the User to consult its personal data.
The User has the right to obtain confirmation from "Oceânico Lusoirlandês" whether its Personal Data is processed or not, and, as the case may be, the right to access its Personal Data and the following information:
9. Right of Correction of Personal Data
The User has the right to request at any given moment, the correction of inaccurate Personal Data that concerns him or her, as well as the right to have his or her incomplete Personal Data completed, including by means of an additional declaration.
In case of data correction, "Oceânico Lusoirlandês" shall notify each recipient to whom the data has been forwarded of the correction, unless such communication is considered impossible or involves a disproportionate effort by "Oceânico Lusoirlandês".
10. Right to Deletion of Personal Data (“Right to be Forgotten”)
The User has the right to obtain, from "Oceânico Lusoirlandês", the deletion of his/her Personal Data when one of the following reasons applies:
In accordance with the applicable legal provisions, "Oceânico Lusoirlandês" is under no obligation to delete the User Data to the extent that the treatment proves necessary to fulfill a legal obligation that "Oceânico Lusoirlandês" is subject to or for the purpose of declaring, exercising or defending a right of "Oceânico Lusoirlandês" in a legal proceeding.
In the event of deletion of the Data, "Oceânico Lusoirlandês" communicates the deletion to each recipient/entity to whom the data has been transmitted, unless such communication proves impossible or involves a disproportionate effort by "Oceânico Lusoirlandês".
When "Oceânico Lusoirlandês" has made a User's Data publicly available and is obliged to delete it under the right to deletion, "Oceânico Lusoirlandês" undertakes to ensure that such measures as are reasonable, including taking into account the available technology and the costs of its application, to inform those responsible for the effective treatment of the Personal Data that the User has requested the deletion of the links to this Personal Data, as well as copies or reproductions thereof.
11. Right of Limitation of Personal Data Processing
The User has the right to obtain from "Oceânico Lusoirlandês" the limitation of the processing of its Personal Data if one of the following situations applies (the limitation consists of inserting a mark in the stored Personal Data with the objective of limiting processing in the future):
When User Data is subject to limitation, it may only, with the exception of storage, be processed with the consent of the User for the purpose of declaration, exercise or defense of a right in a legal proceeding, to defend the rights of another person or company, or for reasons of public interest legally established.
The User who has attained the limitation of processing of its Personal Data in the above mentioned cases will be informed by "Oceânico Lusoirlandês" before the limitation to the processing is annulled.
In case of data processing limitation, "Oceânico Lusoirlandês" will communicate to each recipient to whom the data has been transmitted of the respective limitation, unless such communication proves impossible or involves a disproportionate effort by "Oceânico Lusoirlandês".
12. Right of Portability of Personal Data
The User has the right to receive its Personal Data, which it provided to "Oceânico Lusoirlandês", in a structured format, in current use and automatic reading, and the right to transmit this Data to another Responsible for Processing, if:
The portability right does not include inferred data or derived data, i.e. personal data generated by "Oceânico Lusoirlandês" as a consequence or result of the analysis of the data being processed.
The User has the right to have its Personal Data transmitted directly between those responsible for the processing, whenever this is technically possible.
13. Right to Oppose Processing
The User has the right to oppose, at any time, for reasons relating to its particular situation, the processing of its personal data, for the purposes of the legitimate interests pursued by "Oceânico Lusoirlandês” or when the processing is carried out for purposes other than those for which the Personal Data has been collected, including the definition of profiles, or when Personal Data is processed for statistical purposes.
"Oceânico Lusoirlandês" will stop processing the User Data, unless it presents urgent and legitimate reasons for such processing that prevail over the interests, rights and freedoms of the User, or for the purposes of declaration, exercise or defense of a right in legal proceedings.
When the User Data is processed for the purpose of direct marketing, the User has the right to oppose at any time the processing of its Personal Data for the purposes of said marketing, which includes the definition of profiles, insofar as it is related to direct marketing.
If the User opposes the processing for the purposes of direct marketing, "Oceânico Lusoirlandês" will cease the processing of Personal Data for this purpose.
The User has also the right to not be subject to any decision solely based on automated processing, including profiling, which may affect its legal position or significantly affects it in a similar way, unless:
14. Procedure for the Exercise of Rights by the User
"Oceânico Lusoirlandês" will respond in writing (including electronic media) to the request of the User within a maximum of one month from receipt of the request, except in cases of special complexity, where this period may be extended up to two months.
If the requests presented by the User are clearly unjustified or excessive, in particular due to their repetitive nature, "Oceânico Lusoirlandês" reserves the right to charge administrative costs or refuse to comply with the request.
15. Personal Data Breaches
In the event of a breach of Personal Data and to the extent that such breach is likely to pose a high risk to the User's rights, freedoms and warranties, "Oceânico Lusoirlandês" undertakes to notify the User in question of any Personal Data breach within 72 hours of becoming aware of the incident.
In legal terms, communication to the User is not required in the following cases:
17. Applicable Law and Forum
18. Declaration of Consent
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.
No pets are allowed in the Resort.
Reservations with half board – meals included in the half board will be breakfast and dinner.
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
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 email@example.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.
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.
2. Exercising Rights
The property owner have the obligation to know any eventual extra costs attached to their reservation.
Any notices, communications and complaints from the User must be sent, preferably, to the e-mail address [firstname.lastname@example.org].
6. Applicable Laws And Jurisdiction