Cceanfront estate home located in the exclusive gated community of Pontiquito
TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES VIA THE WEBSITE
1. SCOPE AND OBJECT
1.1 TripWix – Vacation Rentals, Unipessoal, Lda., Legal Person No. , with its registered office at Rua das Amoreiras, 70, 12th floor, Santo António, Lisboa, (hereinafter TripWix) provides access to its online technological platform (hereinafter the Website), which allows users of the Website (hereinafter user or users) to register on the Website, book properties located in the national territory, via the Website, and contract the services provided by TripWix or by its partners via the Website.
1.3 TripWix is merely an intermediary between users and owners and managers of properties which are available on the Website, and is not a party to any contract (including contracts granting occupation of the property) existing now or in the future between the user and the property owner or manager.
1.4 Since it is not a party to any contract between the user and the owner or manager of the property, TripWix does not assume any legal or contractual obligation or liability regarding such contractual relationship or regarding the property advertised on the Website and which is the object of the rental.
1.5 TripWix is not a real estate agency, and merely provides access to the Website and content via the Website which allow the user to consult the properties which are available to be occupied and to book these, also providing services for managing the property bookings and receiving the respective payments on behalf of the property owners or managers.
2. SERVICES PROVIDED BY TRIPWIX
2.1 Via the Website TripWix provides property booking management services (hereinafter “Services”). TripWix does not provide any other services related with the property which, if required by the user, should be contracted directly between the user and the property owner or manager. Notwithstanding the above, users may contract other services via the Website (namely cleaning services, check-in, etc.) but such services will be contracted directly from third parties rather than from TripWix.
2.2 The purpose of these contract conditions is merely to establish the general terms and conditions that govern the use, registration, booking of properties or contracting of Services via the Website.
2.3. Via this Website users may consult property advertisements for the purposes of making a booking online and subsequently occupying the property for a short stay. These advertisements will include details of the property, namely, information, images, photographs, descriptions of the properties, characteristics of the properties, the price, dates on which, in theory, the properties are available for occupation, means of payment and relevant cancellation policies.
2.4 The user acknowledges that the aforementioned advertisements and all the images and information (namely images, photographs, description of the properties, characteristics of the properties, dates of availability of the properties and description of the properties) are published by TripWix in accordance with the information that is supplied to it by the property owners and/or managers, and TripWix is not liable for such content.
2.5 The user acknowledges and accepts that the dates on which the properties are available for occupation shown on the Website are, in theory, up to date but there may be errors and the actual availability of the property for occupation is subject to confirmation by TripWix with the property owner and/or manager.
2.6 The user acknowledges and accepts that if there is any divergence or discrepancy between the content of the advertisement and the property, TripWix is not liable for this, and this situation should be addressed directly between the user and the property owner and/or manager.
3. WEBSITE REGISTRATION
3.1 To book properties or contract Services, the user may opt to register with the Website in advance or not. To register, the user should follow the instructions provided by TripWix during the registration process.
3.4 The user is solely responsible for the accuracy and veracity of the data supplied to TripWix, and the user acknowledges and accepts that it may not be possible for TripWix to process the booking request, make the booking or communicate with the user due to such circumstance.
4. BOOKING AND BOOKING PROCEDURE
4.1. Property bookings will only be accepted if they are for three or more nights.
4.2. When booking a property, an initial (partial) payment for occupation of the property must be made to TripWix, which receives this on behalf of the property owners or managers. This amount is equal to 50% of the total amount in accordance with the terms indicated below. An amount which serves as a security deposit must also be paid, pursuant to the terms set out in Clause Seven of these terms and conditions.
4.3. The booking procedure is as follows:
i. The user should follow the instructions on the Website, selecting the property and dates you would like. Then submit your booking request to TripWix via Please read the property description carefully before you make your booking request.
ii. Later, the User will receive an automatic email confirming receipt of the booking request by TripWix. TripWix will then confirm that the property is available for the dates you have requested. The user acknowledges that the confirmation of receipt of the booking request is not confirmation of the booking.
iii. If the indicated property is not available for the selected dates, TripWix will send another email within three business days informing of that fact.
iv. If the indicated property is available for the selected dates, TripWix will send another email within three business days providing confirmation of your booking, which will include:
a. These general booking conditions and, where applicable, any specific conditions which may be applicable to special bookings (for example when there are promotions, etc.) and the conditions of your booking request, that is, the number of nights, total to pay, etc.
b. The initial (partial) amount to be paid for the occupation of the property, which is equal to 50% of the total amount due, and information regarding the payment details and time limit, which is normally 3 business days;
c. The amount to be paid as a security deposit for the purposes of Clause Seven of these terms and conditions, and information regarding the payment details and time limit, which is normally 3 business days;
d. The contract between the user and the property owner or manager.
v. After receiving the confirmation e-mail mentioned in (iv) above, the user should:
a. Pay the initial (partial) amount for occupation of the property and send the respective proof of payment to within the indicated time period;
b. Pay the security deposit and send the respective proof of payment to within the indicated time period;
c. Sign the contract with the property owner or manager.
vi. The property booking will only be considered complete when the user acts in line with (v) above.
vii. If the user fails to pay the indicated amounts and/or fails to send the respective proofs of payment to TripWix and/or fails to return a signed copy of the contract between the user and the property owner or manager to TripWix, within the time periods set for such purpose, the booking request will automatically lapse.
viii. In this case: (i) TripWix will refund to the user any amounts paid to date; (ii) TripWix does not guarantee subsequent availability of the property on the Website, for a new booking.
4.4 If a payment is made late or sent to the wrong account, or if the credit or debit card details are incorrect or the credit or debit card is invalid or does not have sufficient funds, the user is not entitled to claim any refund of the amounts already paid, which are considered non-refundable.
5. BOOKING CANCELLATION POLICY
5.1. When booking a property, the user accepts and agrees to the application of these booking cancellation and no-show conditions, which are also available on the Website (on the property information pages during the booking process).
5.2. The user also acknowledges that there may be additional conditions which apply to the booking or the stay as a result of the contract entered into directly between the user and the property owner or manager.
5.3. The user acknowledges and accepts that bookings made under special promotions may have cancellation policies which are different to those set out in these terms and conditions, which will be sent in the email confirming the booking.
5.4. If the user wishes to cancel a booking this can be done as follows:
i. If the booking is cancelled by the user at least 60 days prior to the start date of the stay, the user is entitled to a full (100%) refund of any amount paid for occupation of the property up to such date and of the security deposit paid;
ii. If the booking is cancelled by the user 30 or more days prior to the start date of the stay (up to the limit of 60 days indicated above), the user is entitled to a refund of 50% of the amount paid for occupation of the property up to such date and the security deposit paid;
iii. If the booking is cancelled by the user less than 30 days prior to the start date of the stay, the user is not entitled to any refund of the amount paid for occupation of the property up to such date, but the security deposit paid will be refunded;
iv. In any of the situations indicated in i., ii. and iii., if the booking relates to the Christmas and New Year festive period, the user is not entitled to any refund of the amount paid for occupation of the property up to such date, but the security deposit paid will be refunded;
5.5 In the event of late arrival or a delay in the check-in date, the property owner or manager must be informed in a timely manner (at least 24 hours in advance) of your arrival time in order to avoid the booking being cancelled. Regardless of whether the user occupies the property for the entire period or only a part thereof, the amounts paid by the user will not be refunded, although the security deposit paid will be returned.
5.6 In the event that the user fails to appear at the property on the scheduled date or on the day immediately following it, without any information having been provided to the property owner or manager, the property booking will automatically be cancelled. In the event of a no-show, the amounts paid by the user will not be refunded, although the security deposit paid will be returned.
5.7 The property owner or manager may make additional charges as no-show or cancellation fees.
5.8 Notwithstanding the above, the user acknowledges that, when these terms and conditions apply to the booking of the accommodation for non-housing purposes, he/she is not entitled to cancel the contract without penalty.
6. PRICE AND MEANS OF PAYMENT
6.1. The prices for occupying the property and the respective payment conditions are available on the Website in the advertisements relating to each property.
6.2. All prices on the Website are presented as a cost per night and a cost for the entire stay and include VAT and all other taxes (these taxes may change as a result of changes to the law).
6.3. The total price for occupying the property, which is received by TripWix on behalf of the property owners or managers, is paid as follows:
i. The initial (partial) amount to be paid for occupation of the property, which is equal to 50% of the total amount due, is paid by the user to TripWix within the period indicated for such purpose after receipt of the confirmation email by the User, as set out in Clause 4.3 of these terms and conditions;
ii. The remaining amount for the occupation of the property is paid by the user to TripWix at least 40 days prior to the start date of the stay in the property, this date being indicated to the user in the confirmation email.
6.4 The user agrees to pay the amounts mentioned above within the time limits given for such purpose, and to send proof of payment to
6.5 If the user does not make the payment set out in ii. within the period set out therein, TripWix reserves the right to either (i) notify the user, granting an additional period for such purpose (of not more than 3 business days) or (ii) immediately cancel the booking without prior notice, informing the user of such fact.
6.6 Payments made by the user pursuant to these terms and conditions may be made via on the Website.
7. SECURITY DEPOSIT
7.1. In order to guarantee compliance with all the monetary obligations arising from the user’s occupation of the property, and to cover any damage to or loss of goods which may occur at the property, TripWix shall receive from the user, on behalf of the property owners or managers, a security deposit equal to the cost of one night for every five nights of occupation. This cost shall be added to the total amount of consideration due from the user.
7.2. TripWix may activate the security deposit, at the request of the property owner or manager, it being sufficient for such purpose to invoke in advance before the user, in a substantiated and detailed manner, the delay in complying with any of the user’s monetary obligations or any damage to or loss of goods of which it is informed by the property owner or manager.
7.3. TripWix shall, in the 30 (thirty) days following the end of the occupation of the property, return the security deposit in whole or in part, that is, the total amount of the security deposit less the amount that may have been used within the scope of and in performance of this guarantee.
8. OBLIGATIONS AND LIABILITY OF TRIPWIX
8.1. TripWix agrees to provide the Website which allows users to consult the properties on it and make bookings, making every effort to accurately reproduce on the Website any content which is supplied to it by the property owners or managers.
8.2. Notwithstanding, the user acknowledges and accepts that such content is supplied by third parties and that TripWix is not liable in any way for such content or for any discrepancy between it and reality. The property owners and managers are solely responsible for the content of the advertisements for the properties provided on the Website. The user acknowledges and accepts that if there is any divergence or discrepancy between the content of the advertisement and the property, TripWix is not liable for this, and this situation should be addressed directly between the user and the property owner and/or manager.
8.3. The contract for occupying the property is entered into directly with the property owner or manager, and the contract terms and conditions entered into between the user and the property owner or manager are not applicable to bookings.
8.4. Insofar as is permitted by Law, TripWix is not liable for:
a) Any direct or indirect, emerging, special, accidental or punishable loss, damage or harm resulting from the use of the Website, from any material or content that the user consults on the Website or from any use the user makes of the Website;
b) Any verification of the identity and conduct of the property owners or managers;
c) Any acts or omissions of the property owners or managers, namely, for determining the nature of the property, for verification of the property’s conditions and characteristics, for verification of the existence of the property, etc.;
d) Any accidents or incidents which occur during the user’s stay in the property;
e) The content of the contract entered into between the user and the property owner or manager.
9. AMENDMENTS TO THESE TERMS AND CONDITIONS
9.1 TripWix may amend these terms and conditions at any time by publishing an updated version on the Website.
9.2 The user should visit these terms and conditions periodically to ensure he/she has access to the updated version, given that the user is legally bound by such conditions. The user will be informed of the existence of amendments to these conditions when he/she enters the Website and of where they can be consulted, and he/she should consult them and accept the amendments before booking further properties or contracting new services.
9.3 If the user does not first accept the amendments to these terms and conditions, it may not be possible, in technical terms, to make further bookings or contract new services.
10. INTELLECTUAL PROPERTY
10.1 The Website is intended for the user’s personal and non-commercial use. The content supplied on the Website (including, for example, photographs, images, logos, trade names, texts, images, graphs, drawings, sounds, databases, software, flow diagrams, presentation, audio and video, brands and patents, etc.) is protected by copyright and other intellectual and industrial property rights belonging to TripWix and/or third parties.
10.2 All reproduction, broadcasting, exhibition, publication, distribution, placing at the public’s disposal, creation of derivative works, modification, adaptation, translation, transfer or sale of any information, products or services obtained via this Website, and any other forms of exploitation, in whole or in part, of the content and materials of the Website, namely text, images, software, audio or video clips, is totally forbidden without the prior written consent of TripWix or the respective owners of the rights.
10.3 Any illegal performance of all the actions or behaviour mentioned above constitutes a material infringement of intellectual property rights (including database rights and copyright) or rights of third parties.
11. OTHER PROVISIONS
11.1 In the event of any contradiction or difference between the provisions of these terms and conditions and the contract conditions set out in the confirmation email, the provisions of the contract conditions set out in the confirmation email shall prevail.
11.2 The original version of these terms and conditions is in Portuguese, and may be translated to other languages. In the event of any contradiction, inconsistency or discrepancy between the content or interpretation of the Portuguese version of these terms and conditions and versions in other languages, the Portuguese version shall prevail.
11.3 These terms and conditions and the contracting and performance of our Services are governed and interpreted according to Portuguese Law and any litigation arising from them shall be settled exclusively by the Portuguese courts.
11.4 If any part or provision of these general terms and conditions is considered void or invalid, the remaining provisions shall remain in force, and their validity shall not be affected. The provision considered void or invalid shall, nevertheless, be performed up to the limit permitted in law.
11.5 Any notifications addressed to TripWix shall be sent to the following addresses:
Address: Rua das Amoreiras, Lisboa
11.6 The user should keep a copy of these terms and conditions in a separate file, on their device or on paper.
Tripwix is a luxury vacation rental company with the added bonus of knowledgable hosts in each destination. This property is owned by a founding partner of Tripwix - Lisa Bruno. Lisa will be your host and hope to introduce you to "her" Punta Mita.
she looks forward to meeting you soon.