Terms and Conditions

1. Introduction

By using or visiting the website www.sbentoresidences.com (‘Website’) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, ‘Content’), resources and services, including newsletter (collectively, including Content, ‘Services’) made available through it, you are, as a user or visitor thereof (‘User’), agreeing to and accepting (i) the current Terms and Conditions of Use (‘Terms and Conditions’) and (ii) the Privacy and Cookie Policy made available on the Website. The Website is owned by NQI São Bento Residences, Lda., a company by quotas based in Rua do Campo Alegre, n.º 830, 9.º andar, 4150-171 Porto, registered at the Porto Commercial Register, under the single registration and legal person number 514 405 198, with the share capital of €5,000.00 (five thousand euros), hereinafter referred to as ‘S.Bento Residences’. Through the Website, S.Bento Residences allows the User access to the Services. The Services, including updates, developments, new tools and/or new Web properties, are subject to these Terms and Conditions. Accommodation bookings can be made through the Website, as well as all services attached and made available at the time of booking.

2. Responsibility of Users

S.Bento Residences reserves the right to change these Terms and Conditions at any time, limiting itself to placing changes online on the Website, and the Sole Responsibility of the User is to verify and comply with them at the time of each use. The use of the Website after the changes are published implies the acceptance of the updated wording of the Terms and Conditions. If you do not agree with the changes made or, in general, with the updated Terms and Conditions, you must immediately stop using the Website and the Services. By accessing, using and downloading materials from the Website, the User agrees, on their behalf and/or on behalf of the entity on behalf of those acting, complying promptly with the provisions of these Terms and Conditions, ensuring that they have the power to act on behalf of the third party they represent, if necessary. Access to the Services is expressly prohibited by any means other than through the interface provided by S.Bento Residences, as well as access (or attempt to access) to the Website and/or the Services through automated means (including the use of scripts or web crawlers). Use of the Website for purposes other than those for which the Website is intended, including illegal purposes or any other that may be considered harmful to the image of S.Bento Residences, is expressly prohibited. Usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification and unfair competition entail criminal and/or contravention responsibility. The User is also prohibited to create or enter on this Website any types of viruses or programs that damage or contaminate or advise third parties to do so.

3. User Account for booking purposes

In order to access certain Services and restricted areas of the Website, you may be asked to provide some personal data (such as identification and contact details) as part of the registration process for the creation of a User account on the Website (‘User Account’). You must indicate a valid email address and to which you have the right to legitimately access, as well as any other information required to complete 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. If you notice any unlawful use of your User Account, you shall promptly notify S.Bento Residences. Nevertheless, you may be held responsible by S.Bento Residences or by a third party for the unlawful use of your User Account or password. The User account should only be used by a third party with the consent of the respective holder. The User is solely responsible for any emerging damages or lost profits caused by their unlawful conduct by using the Website and the Services and for the Content they make available on the Website. If S.Bento Residences disable or otherwise remove access to their User Account, the User understands and agrees that they may be prevented from accessing certain restricted areas of the Website, their User Account details or any content existing therein.

4. S.Bento Residences’ Rights and Obligations

S.Bento Residences reserves the right to: modify, add or remove parts of the Terms and Conditions at all times; modify or terminate the Services for any reason and without prior notice at all times; remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or infringing third-party intellectual property rights or the Terms and Conditions; modify, replace, refuse access to the Website and the Services, suspend or discontinue them, in whole or in full. These changes will take effect from their placement on the Website or on the date of submission of any communications. S.Bento Residences undertakes to provide technical support to the User with a User Account, which is only available via email.

5. Intellectual Property

All information contained on the Website and the Services and all data and information compiled by S.Bento Residences associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of the Services or through their use are considered content of S.Bento Residences. The User is not allowed to modify, allocate, lend, borrow, sell, distribute or create a derivative work on the basis of such content (partially or totally) unless they have been expressly authorized in writing for this purpose by S.Bento Residences or by third party who holds their intellectual property and personality rights. The User acknowledges and agrees that S.Bento Residences retains all intellectual property rights (whether these rights are registered or not and anywhere in the world where such rights may exist) relating to the Services. S.Bento Residences retains all rights not expressly granted to the User in these Terms and Conditions. The User also agrees not to remove, conceal or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained on the Services. Brands and The like Unless the User has been expressly authorized by S.Bento Residences to do so, nothing in these Terms and Conditions confers on the User the right to use any of the registered trademarks, trademarks, service marks, logos, domain names and other distinctive brand features of S.Bento Residences or the Nelson Quintas Group.

6. Disclaimer of Warranty

To the extent permitted by applicable legislation, services are provided ‘as they are’ and ‘as available’ (as is and as available) and S.Bento Residences does not provide any kind of guarantee in relation to them. In particular, S.Bento Residences does not guarantee the user that (i) the use of the services meets their needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, secure or error-free; (iii) any information obtained resulting from the use of the services is accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected. No conditions, guarantees or other terms (including any implied terms with respect to satisfactory quality, suitability for a purpose or conformity with the description) apply to the services, except to the extent that they are expressly defined in these Terms and Conditions. The use, by the User, of the Website, the Services, as well as any materials downloaded or otherwise obtained through the use of the Services is made at the User’s sole cost and risk and is solely responsible for any damages and lost profits caused to the equipment on which it makes use or visualization of the Website, services and materials available there. Nothing in the terms of use shall affect the rights provided for by the applicable legislation to which the User always have the right as a consumer, if in this quality it intervenes and relates to S.Bento Residences, and which, contractually, cannot agree to alter or waive. No recommendation or information, oral or written, of S.Bento Residences shall be construed as constituting a guarantee of any kind unless expressly provided for in these Terms and Conditions. To facilitate user accessibility, S.Bento Residences may include links to websites on the internet that are owned or operated by third parties. When using the links to these third-party websites, the user must review and accept the rules on that Website before using it. The user shall also accept that S.Bento Residences does not control the content of that website and may not assume any responsibility for the materials created or published by such third-party websites. In addition, a link to a website not belonging to S.Bento Residences does not mean that it supports the website or the products and services referenced therein.

7. Limitation of Responsibility

To the extent permitted by applicable law, S.Bento Residences assumes no responsibility towards the user for any damages resulting from: any judgement of the user regarding the integrity, accuracy or existence of any advertisement or any relationship or transaction made with any advertiser, whose advertising is presented on the S.Bento Residences Services or newsletter; any changes S.Bento Residences may make to the Services or any permanent or temporary termination of the provision of the services (or any features of the services); deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the Services; direct or indirect violation of these Terms and Conditions; non-maintenance of the security and confidentiality of the password or User Account details. S.Bento Residences’ liability as indemnification for any emerging damages related to the Website and the Services, caused by S.Bento Residences, its representatives or assistants is limited to cases where it acts with criminal intent or gross negligence, and any liability for lost profits is excluded. If you disagree, in part or in full, with the Website or the Services, or these Terms and Conditions, you only have the power to stop using the Website or the Services, as applicable, and to demand the cancellation of your User Account

8. Privacy Policy

The Privacy Policy is available at https://sbentoresidences.com/privacy-policy. The document contains an explanation of the procedures adopted by S.Bento Residences and third parties providing services through the Website, as part of the processing of personal data of their Users and the protection of their privacy, when using the Website and the Services.

9. Cookie Policy & Generic Concepts

Access to this website may involve the use of Cookies. The User can consult the Cookie Policy at this link in here. Prevalence: In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the Website relating to certain materials, they shall prevail; Exercise of Rights: The non-exercise or non-immediate application of rights or provisions by S.Bento Residences, provided for in the Terms and Conditions, shall not be construed as a waiver thereof; Completeness: The Terms of Use constitute the entire agreement between the User and S.Bento Residences regarding the use and consultation, by the User, of the Website and the Services, and regulate their use (excluding any Services that may be provided by S.Bento Residences under a separate written agreement), fully replacing any previous agreements established between the User and S.Bento Residences in relation to the Website and the Services; Reduction: The invalidity, declared by a court or arbitral award passed on trial, of any provision of the Terms and Conditions does not determine the invalidity of the others, reserving S.Bento Residences the right, where appropriate, to modify the Terms and Conditions accordingly in order to rectify the invalidity; Notifications/Communications/Complaints: Any notifications and communications from S.Bento Residences to the User under the Terms and Conditions shall preferably be made to the email address or address made available by the User in their User Account, without prejudice to S.Bento Residences being able to use other elements and forms of contact; Any notifications, communications and complaints from the User should preferably be made to the email: help@sbentoresidences.com.

10. Applicable law and forum

Os Termos e Condições, bem como a relação do Utilizador com a S.Bento Residences de acordo com os mesmos, são regidos pela lei portuguesa aplicável. O Utilizador e a S.Bento Residences concordam em submeter à exclusiva jurisdição dos tribunais judiciais da comarca do Porto a resolução de quaisquer questões legais resultantes dos Termos e Condições, sem prejuízo das normas legais imperativas aplicáveis. Não obstante o referido, a S.Bento Residences pode vir a aplicar medidas cautelares (ou de tipo equivalente de compensação legal urgente) em qualquer jurisdição.

II. General booking and payment conditions

1. Scope

1.1. These general conditions (“General Conditions”) govern and are an integral part of the service provision agreement concluded through the website www.sbentoresidences.com (‘Website’) between NQI São Bento Residences, Lda., a limited company based in Rua do Campo Alegre, n.º 830, 9.º andar, 4150-171 Porto, registered at the Porto Commercial Register, under the single registration and legal person number 514 405 198, with the share capital of € 5,000.00 (five thousand euros) (hereinafter ‘S.Bento Residences’) and the customer who subscribes to the agreement (‘Customer’), which has as object the provision of booking services for tourist accommodation (‘Accommodation’) and also, when contracted, associated transport services (‘Transportation’) or other tourist services, requested by the Customer or proposed to the Customer (‘Agreement’), namely the scheduling of Golf games, private tours through the city, among others. 1.2. The conclusion of the Agreement, which takes place after confirmation of the reservation through the Website, is made in accordance with these General Conditions, whose knowledge and acceptance by the Customer take place through validation of check box for this purpose on the booking form, and the Customer is also aware and accepts the Terms and Conditions of the Website and its Privacy Policy.

2. Bookings

2.1. When making any booking, the Customer must correctly complete the form, indicating, inter alia, the desired services, namely, whether they seek transportation from and/or to the airport and/or other landing place, as well as if they seek breakfast, and the departure, entry and exit dates and applicable fare, always subject to confirmation of availability by S.Bento Residences, as well as their personal data and payment information, taking full responsibility for the actual choices and information made available, which shall be complete, true and up-to-date. 2.2. When booking only Accommodation, the Customer is fully responsible for obtaining and/or contracting means of transport that allow him to use the contracted services, without prejudice of the Client being able to contract this service to S.Bento Residences autonomously (if available and provided that S.Bento Residences accepts it). 2.3. Due to existing special schemes and rates for children, and which vary, among other factors, depending on age, service provider and travel dates, S.Bento Residences advises the Customer to obtain information beforehand with them before the booking. 2.4. There are no refunds for goods and/or services that, although made available to the Customer, they choose not to enjoy or use.

3. Benefits, promotions and discounts

3.1. Depending on the agreements concluded by S.Bento Residences with third parties (‘Partners’) and which are in force at the time of booking by the Customer, the Customer may have access to discounts and special rates (‘Benefits’) in making a reservation, provided that it is fully legitimized by the Partner to obtain the Benefits and correctly enter its identification number. S.Bento Residences reserves the right to contact the Partner for confirmation of the applicability of Benefits to a Customer. 3.2. In addition to clause 3.1, S.Bento Residences may make on the Website, with a time-to-time or non-limited scope, certain promotions (‘Promotions’) and discounts (‘Discounts’) on bookings made by Customers. 3.3. The following conditions apply to Benefits, Promotions and Discounts: i) For the benefit of certain Promotions and/or Discounts, the Customer may be asked to enter a promotional code (‘Promotional Code’) or advance payment of the reservation; ii) Benefits, Promotions and Discounts are subject to availability confirmation; iii) S.Bento Residences reserves the right to cancel Benefits, Promotions and/or Discounts or to reject a Promotional Code when the total value of Promotional Codes already used exceed a certain financial value or when they are used fraudulently; iv) Benefits, Promotions and Discounts are only valid for bookings made through the Website and are not transferable to third parties; v) In case of cancellation or non-use of a booking made under a Benefit, Promotion or Discount, you will not be returned the amount of the Benefit, Promotion or Discount, nor guaranteed your reapplication in another booking; vi) If there is a change, on the initiative of the Customer, of the characteristics and/or ownership of a reservation made under a Benefit, Promotion or Discount, the latter may lose the benefit/perk granted by the reservation, applying the provisions in paragraph 10 in case of withdrawal; vii) The use of fraudulent mechanisms for obtaining Benefits, Promotions or Discounts hold the Customer liable in general terms and confers on S.Bento Residences the right to choose between (a) the application of the fee with no discount and (b) the termination of the Agreement, equating this termination, as to the consequences arising from it, to the termination of the Agreement by the Customer pursuant to paragraph 10, without prejudice to the right of S.Bento Residences to be compensated for all damages suffered; viii) S.Bento Residences reserves the right to cancel and/or change Benefits, Promotions and Discounts at any time.

4. Taxes

Unless explicitly referred to otherwise, the booking price already includes legally due taxes (including, inter alia, Value Added Tax – ‘VAT’).

5. Fees

5.1. The Tourist City Tax of Porto will be charged by S.Bento Residences as defined by the Municipality of Porto. This fee is not subject to VAT, being applied up to a maximum of 7 (seven) straight nights per person/ stay, regardless of the booking modality (face-to-face, analogue or digital). For more information on the city fee please visit http://www.cm-porto.pt/turismo/taxa-turistica_17. 5.2. S.Bento Residences may also charge fees associated with services contracted by the Customer, complementary to the Accommodation.

6. Changes

The Customer may make changes to bookings under the following terms and conditions: i) Ownership: The Customer may assign the booking, provided that they inform S.Bento Residences in writing at least 7 (seven) days in advance in relation to the date of entry into the Accommodation, and upon the consent of S.Bento Residences that, to this end, may request the Customer for the information they deem necessary. ii) Other changes: Any other changes to bookings, other than those referred to in the preceding paragraph, require the express agreement of S.Bento Residences and may imply changes in price and/or be subject to payment of fees, calculated on the basis of the type of booking, the date of change and the applicable rate.

7. Accomodation

7.1. The characteristics of the Accommodation are those contained in the booking. However, since the photographs of the Accommodation were not taken on the day of booking by the Customer, there may be non-substantial differences between photography and reality at the time of enjoyment of the services contracted by the Customer, which do not confer on the Customer the right to any modification of the Agreement. 7.2. The prices shown are per apartment, but may, however, be presented by person or according to other characteristics, which in any case will be properly indicated on the Website when making a booking. 7.3. The price of the accommodation does not include any meal service, including breakfast. 7.4. If the Customer shows up with more people than those indicated in the booking to use the Accommodation, those responsible for S.Bento Residences may refuse their entry or update the rate applied at the time of booking by adjusting to the number of occupants up to the maximum capacity of the apartment, situations for which S.Bento Residences cannot be held responsible. 7.5. As a rule, the Accommodation can be used from 3 pm on the day of arrival and shall be left before 12 pm of the day of departure (in both cases, Porto local time). Staying in the Accommodation beyond the practised departure time can lead to the payment of additional amounts of the exclusive responsibility of the Customer. 7.6. If the Customer does not appear in the Accommodation until 11:59 pm of the date of entry indicated in the booking proof, S.Bento Residences may disregard the reservation and sell the Accommodation to third parties, a situation for which S.Bento Residences cannot be held responsible. 7.7. If an overbooking situation occurs (i.e. more bookings than Accommodations available), recognizing their liability, S.Bento Residences may place you in another Accommodation of the same category (in any case, ensuring that the quality of the Accommodation provided is not less than that of the Accommodation booked by the Customer), without additional costs for the Customer, and not entitled, for this reason, to any compensation or the termination of the Agreement.

8. Payment

8.1. The Customer shall pay the amount indicated on the booking form as a prerequisite in order to be able to enjoy the contracted reservation. 8.2. Payment of the booking shall be made by bank transfer to the data sent at the time of booking. 8.3. If the Customer seeks to pay the booking only at S.Bento Residences, they may do so in accordance with S.Bento Residences, and should be informed in a timely manner by them about which means of payment are accepted. Payment may be made through Visa, Mastercard and Maestro Cards, as well as cash in the terms and limits imposed by applicable law. 8.4. At check-in the Customer will immediately pay the city fee, having to deliver the credit card for payment of any extras, being made a pre-authorization in the amount of € 50.00 (fifty euros).

9. Cancellation

The cancellation of any bookings made through the Website implies the loss, in favour of S.Bento Residences, of any amounts paid by the Customer, unless it is otherwise stated in the booking proof, that is, only in refundable fees, and if the cancellation is not executed up to 72 hours before the date booked for the start of the stay.

10. Impossibility of compliance

Where, for facts not attributable to it, S.Bento Residences cannot comply with obligations resulting from the Agreement, it must immediately notify the Customer of that impossibility. If the impossibility complies with any essential obligation, the Customer may terminate the Agreement without any penalty or accept a change to the Agreement in writing and any price variation. The Client shall communicate to S.Bento Residences their decision within 4 (four) working days after receipt of the notification of S.Bento Residences, being understood, if they say nothing, that they agree with the change.

11. Complaints

11.1. Any shortcoming in the performance of the Agreement in relation to the benefits provided by third party service providers shall be communicated to S.Bento Residences in writing, within a maximum period of 20 (twenty) working days after the end of the services contracted by the Customer. 11.2. For a claim to be reviewed by S.Bento Residences, it should be previously participated by the costumer to the service provider (Hotels, airlines, guides, etc.) during the course of the trip or stay, requiring their documents to prove the occurrence.

12. Responsability

12.1. In the field of the Agreement, S.Bento Residences is responsible for the correct issuance of Accommodation titles, and also for the choice of service providers, unless they are suggested by the Customer. 12.2. Whenever S.Bento Residences only intervenes as a mere intermediary in the booking of single services requested by the Customer, S.Bento Residences’ liability to the Customer is limited to the result of the violation of the obligation to issue correctly the accommodation titles. 12.3. To the extent allowed by applicable law, S.Bento Residences is not liable for damages that may arise in any unforeseen circumstances or beyond its control, and also expressly and by way of example: network delays or blockages, interference, interruptions, viruses, malfunctions and/or disconnections in the operational functioning of the Website or on the Customer’s computer equipment and devices, or any other abnormal operation of the booking service for causes that escape the control and prevent the implementation of the reservation. 12.4. S.Bento Residences is not responsible for any non-compliance from its service providers and/or partners, to the extent that the provision of services in question go beyond the scope of the Accommodation. 12.5. The Customer is liable to S.Bento Residences under the law.

13. Warranties

The responsibility of S.Bento Residences, emerging from the obligations assumed before the Customer, is guaranteed by a civil liability insurance contracted with Caravela – Companhia de Seguros, S.A..

14. Personal Data

When completing the booking form, the Customer will be asked certain data that may identify it (“Personal Data”), which will be collected and processed by S.Bento Residences, as Controller, in strict compliance with the law and in accordance with the provisions of the Privacy Policy of the Website, which can be consulted on the link Privacy Policy .

15. Contacts

All communications or notifications under the Agreement must be made using the information provided by the Customer through the online form. Any change in customer data as well as any communication or notification addressed by the Customer to S.Bento Residences must be made to the following contacts: E-mail: help@sbentoresidences.com Postal address: Rua do Campo Alegre, n.º 830, 9.º andar, 4150-171 Porto. Telephone: 227 662 770

16. General provisions

16. General provisions
16.1. General Conditions apply only to the booking of Accommodation services made through the Website. 16.2. With the Agreement concluded, it may only be amended in writing, by a document signed by the Customer and S.Bento Residences, which becomes an integral part of the Agreement. 16.3. The provisions of these General Conditions may be amended at all times by S.Bento Residences for future legal relations, without notice. As such, whenever you make a booking, and even if you frequently use the Website, you should read them in full.

17. Applicable law and forum

The Contract is governed by Portuguese law. For the resolution of any disputes arising from the validity, conclusion, enforcement, non-compliance, termination or interpretation of the Agreement, the Court of the District of Porto shall be exclusively competent, without prejudice to the applicable mandatory legal rules.