Shiadu Hotels and Guesthouses
TERMS AND CONDITIONS
01. Introduction and Acceptance
By using or visiting the website hosted at www.shiadu.com (the “Website”) or any content, resources and services made available through it, including the booking engine (collectively, the “Services”), the user or visitor (the “User”) agrees to (i) these Terms and Conditions and (ii) the Privacy Policy available on the Website. If you do not agree to these Terms and Conditions, you must refrain from using the Website and the Services.
The Website is owned and operated by SHIADURBE PORTUGAL, S.A., a public limited company with its registered office at Rua do Ferragial, 5, 1st basement, Warehouse A, 1200-182 Lisbon, Portugal, with company registration number PT507961307 (hereinafter “SHIADU” or the “Company”). All SHIADU accommodation properties, regardless of their location, are operated by SHIADU, which is the entity with which the Customer enters into the booking agreement.
02. Use of the Website
SHIADU reserves the right to amend these Terms and Conditions at any time, with any amendments being published on the Website. Use of the Website after the amendments have been published constitutes acceptance of the updated version. Use of the Website for unlawful purposes or for any purposes other than those for which the Website is intended is expressly prohibited, as is accessing the Website or the Services through automated means (including scripts or web crawlers) and introducing viruses or programmes that may damage or contaminate the Website. The User is solely responsible for any damage caused by their unlawful conduct when using the Website and the Services.
03. Intellectual Property
All content on the Website (texts, photographs, videos, logos, trademarks, software and other elements) is owned by SHIADU or by duly identified third parties and is protected by applicable intellectual property laws. The User may not copy, modify, distribute, sell or create derivative works based on such content, in whole or in part, without the prior written authorisation of SHIADU. Nothing in these Terms and Conditions grants the User the right to use SHIADU’s trademarks, logos or other distinctive signs.
04. Disclaimer of Warranties and Limitation of Liability
To the extent permitted by applicable law, the Services are provided “as is” and “as available”. SHIADU does not guarantee that the use of the Services will be uninterrupted, timely, secure or error-free. SHIADU accepts no liability for any damage resulting from circumstances beyond its control, including network delays or disruptions, interruptions, viruses or malfunctions of the User’s equipment. The Website may contain links to third-party websites; SHIADU does not control their content and accepts no liability for it. Nothing in these Terms and Conditions affects the rights granted to the User as a consumer under applicable law which cannot be waived contractually.
05. Bookings
When making a booking through the Website, the User (the “Customer”) must correctly complete the booking form, specifying the property, accommodation, check-in and check-out dates and the desired rate, as well as their personal details and payment information, and is responsible for the choices made and for ensuring that the information provided is truthful, accurate and up to date. Upon confirmation of the booking, the Customer will be provided with a booking reference, which must be quoted in all communications with SHIADU. The characteristics of the property and accommodation are those stated in the booking; there may be minor differences between the photographs displayed on the Website and the actual property at the time of the stay, which do not entitle the Customer to any amendment to the contract. The Customer is responsible for obtaining and having in their possession all documents required (identification documents, visas and permits) for entry into the country where the booked property is located.
Under Article 17(1)(l) of Decree-Law No. 24/2014 of 14 February, which transposes Directive 2011/83/EU, the right of withdrawal applicable to distance contracts does not apply to contracts for the provision of accommodation services where they provide for a specific date or period of performance, as is the case with bookings made through the Website. The amendment and cancellation conditions applicable to each booking are set out in Section 08.
06. Prices, Taxes and Fees
Unless expressly stated otherwise, the prices displayed on the Website are per accommodation and per night, include Value Added Tax at the applicable statutory rate and exclude the local tourist tax, where applicable, which will be charged in accordance with the municipal regulations of the area where the property is located. Additional services not included in the rate (such as meals, extra beds or services requested by the Customer) will be charged separately, in accordance with the prices applicable at the property.
07. Payment and Booking Guarantee
Payment conditions depend on the rate selected by the Customer and are clearly stated at the time of booking. For non-refundable rates, 100% prepayment of the booking value is required via secure online payment, with the full amount charged to the card provided by the Customer when the booking is received; if the payment is not authorised, the booking will be cancelled. For rates with free cancellation, payment is made upon arrival at the property, with the credit card provided by the Customer used only to guarantee the booking and subject to validation up to the arrival date. The Customer expressly authorises SHIADU to charge the card provided for any amounts due in accordance with the rate conditions and booking confirmation.
08. Amendments and Cancellations
The amendment and cancellation conditions depend on the rate selected by the Customer and are clearly stated at the time of booking and in the booking confirmation. For rates with free cancellation, the Customer may cancel without penalty until the date and time specified in the booking confirmation (as a general rule, until 11.00 pm on the specified day, two days before the arrival date); after this period, or in the event of an amendment or no-show, the full booking amount will be charged to the card provided, with the booking being held only for the first night. For non-refundable rates, no refund will be made in the event of cancellation, early departure or no-show, with the booking being held only for the first night in the event of a no-show. Different cancellation and payment conditions may apply to bookings of 2 or more rooms and/or stays of 5 or more nights, and these will be communicated at the time of booking. No refunds will be due for services made available to the Customer that they choose not to use or enjoy.
09. Check-in, Check-out and Stay
Unless otherwise stated in the booking confirmation, accommodation may be accessed from 3.00 pm on the day of arrival and must be vacated by 11.00 am on the day of departure (local time at the property). Staying beyond the check-out time may incur additional charges. At check-in, all guests are required to present a valid identification document for registration purposes and to comply with legal obligations regarding the reporting of guests to the competent authorities. If the Customer arrives with more people than those specified in the booking, the property may refuse entry to the additional guests. The Customer must comply with the property’s internal rules, where applicable, and SHIADU shall not be liable for any loss or damage suffered as a result of their breach.
10. Minimum Age and Alcohol Consumption
The Customer responsible for the booking must be at least 18 years old at the time of booking. A valid identification document proving their age may be requested at check-in. At properties offering bar and/or restaurant services, the sale and consumption of alcoholic beverages are restricted to persons aged 18 or over, in accordance with applicable legislation, and service may be refused to anyone unable to provide proof of the legally required minimum age.
11. Liability
SHIADU shall be liable to the Customer in accordance with the law for the services it provides. To the extent permitted by applicable law, SHIADU shall not be liable for damage arising from unforeseen circumstances or circumstances beyond its control, including force majeure events. If the booked accommodation is unavailable due to circumstances attributable to SHIADU (including overbooking), SHIADU undertakes to accommodate the Customer in alternative accommodation at the same property or at a property of the same or higher category, at no additional cost to the Customer. The property’s liability for the deterioration, destruction or theft of guests’ belongings shall be governed by applicable law.
12. Complaints and Alternative Dispute Resolution
Any complaint concerning the performance of the contract should be reported to SHIADU, preferably during the stay, so that it can be addressed immediately, or in writing to the email address indicated in Section 14. All properties have a Complaints Book, and the Electronic Complaints Book is also available at www.livroreclamacoes.pt. In the event of a consumer dispute, consumers may refer the matter to an alternative dispute resolution entity, in accordance with Law No. 144/2015 of 8 September. An up-to-date list of the available entities can be found on the Consumer Portal at www.consumidor.gov.pt. Consumers may also use the European Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odr.
13. Personal Data
Personal data collected in connection with the use of the Website and the making of bookings is processed by SHIADU in accordance with the Privacy Policy available on the Website, in compliance with Regulation (EU) 2016/679 (“GDPR”) and other applicable legislation.
14. Communications
Any notices and communications from SHIADU to the Customer will preferably be sent to the email address provided by the Customer when making the booking. Any communications, notices and complaints from the Customer should preferably be sent to geral@shiadu.com, always quoting the relevant booking reference.
15. General Provisions
In the event of any conflict between these Terms and Conditions and any specific terms agreed in writing between the Customer and SHIADU, or set out in the booking confirmation, the latter shall prevail. The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. Any failure by SHIADU to exercise a right immediately shall not be construed as a waiver of that right.
16. Applicable Law and Jurisdiction
These Terms and Conditions, as well as contracts entered into through the Website, are governed by Portuguese law. The courts of the District of Lisbon shall have jurisdiction to settle any disputes, without prejudice to any applicable mandatory legal provisions, particularly those conferring jurisdiction on the courts of the consumer’s place of residence.
