Terms of Service
General Terms and Conditions for the Property 17° West – Atlantic Pool Villa
Dear Guests,
We look forward to welcoming you soon at Villa 17° West. Please take your time to read our General Terms and Conditions.
§ 1 Conclusion of Contract
We will gladly provide you with an offer and reservation upon your request. You then confirm this bindingly and immediately by e-mail, whereby the contract becomes legally effective.
You will subsequently receive your invoice as well as all necessary contractual documents.
§ 2 Deposit, Payment
2.1 Upon conclusion of the contract and receipt of the booking confirmation, a deposit of 30% of the total amount is due and must be transferred within 7 days to the account specified in the invoice. This deposit will be credited towards the total price.
2.2 The balance must be transferred no later than 28 calendar days before the start of the rental period without further request to the specified account.
2.3 If less than 40 days lie between receipt of the booking confirmation and the beginning of the rental period, the total price is due immediately without prior deposit.
You will immediately receive confirmation of receipt of funds once credited.
§ 3 Cancellation by the Guest, Substitute Person, Rebooking
3.1 You may withdraw from the contract prior to the start of the rental period. For evidentiary reasons, the cancellation must be made in writing and the burden of proof of receipt lies with you.
3.2 If you withdraw from the contract, do not commence the trip, or fail to appear at the beginning of the rental period, we may demand appropriate compensation for the arrangements made and for our expenses.
3.3 In the event of cancellation, the following amounts are due:
a) Up to 90 days before arrival: 25% of the total price
b) 89 to 60 days before arrival: 50% of the total price
c) 59 to 30 days before arrival: 75% of the total price
d) From 29 days before arrival or in case of no-show: 100% of the total price
The decisive date is the date of receipt of the written cancellation by the landlord.
3.4 Travel Cancellation Insurance
We recommend taking out comprehensive travel cancellation insurance that adequately covers all risks and obligations mentioned in this contract. This insurance is concluded separately by you and should, in the event of cancellation, cover all expenses and obligations towards the landlord.
3.5 No-show and Unused Services
If you do not make use of the contractual services, in particular due to late arrival and/or early departure because of illness or for other reasons not attributable to us, or only make partial use of them, you have no right to a proportional refund. However, you are entitled to provide one or more substitute participants up to the number of tenants agreed in the contract, who enter into the contract concluded with you with all rights and obligations. We may object to the substitute participant(s) if they do not meet the requirements for contract performance or if there are grounds to believe that the substitute person(s) would not have been accepted by us as contractual partners at the time of contract conclusion.
3.6 We may also withdraw from the contract prior to the start of the rental period if proven force majeure makes contract performance impossible. Compensation claims beyond the refund of the deposit do not exist.
3.7 Price Guarantee
We guarantee you the agreed price of your booking, but reserve the right to make possible price increases or special offers during the year.
§ 4 Arrival and Departure
4.1 On the day of arrival, Villa 17° West is generally available to you from 3:00 p.m. Claims for damages cannot be made if, for reasons beyond our control, the villa cannot exceptionally be occupied on time. On the day of departure, Villa 17° West is available to you until 10:00 a.m. Individual agreements are possible.
§ 5 Obligations of the Tenant
5.1 Number of Persons
Villa 17° West may be occupied by no more than the number of persons specified in the description (maximum 6 persons including children and the persons named in the booking). Excess persons may be refused by us and the manager. Please therefore provide us with the names of all arriving persons at the time of booking.
5.2 Inventory
The inventory must be treated with care and is intended only for use in the villa. You, as tenant, are liable for all damages resulting from culpable breach of your duty of care and duty to notify, particularly in the case of improper use of technical equipment and other furnishings.
You, as tenant, are also liable for the fault of your fellow travelers as well as for damages caused by children. Please report damages immediately to the landlord or the on-site manager. The manager will confirm with you the proper condition of the villa upon arrival.
A refundable deposit of 150 euros must be paid upon arrival.
Damages must be reported to the manager without delay.
5.3 Pool and Garden Area
All items provided by us in the house as well as in the garden and pool area are used by you and your fellow travelers at your own risk. Due to strict Portuguese laws regarding swimming pools, the facility is not suitable for children under 6 years of age. We ask for your understanding. Non-swimmers may only enter the pool area under the supervision of another responsible person.
The landlord is only liable for intent and gross negligence.
5.4 Smoking
Smoking is not permitted in the villa.
5.5 Pets
Pets are not allowed.
5.6 Cleaning
Villa 17° West will be handed over to you in a cleaned condition and must be returned by you in a swept-clean condition. Dishwasher, stove, oven, kitchen appliances etc. must be left in proper condition.
§ 6 Obligations of the Landlord
We, as landlord, undertake, within the scope of the duty of care of a prudent businessman, to ensure the proper provision of the rental property. Liability for possible failures or disruptions in water or electricity supply, as well as events and consequences of force majeure, is hereby excluded.
§ 7 Written Form, Complaints
7.1 No agreements other than those listed in this contract exist. No oral agreements have been made. The general terms and conditions are accepted by you upon transfer of the deposit. If you have complaints during your vacation, please contact our on-site manager so that the matter can be resolved directly. We are always able to resolve difficulties or complaints directly on site to your satisfaction. Complaints submitted after the trip will not be accepted.
§ 8 Severability Clause
8.1 Should one of the rental conditions described above be legally invalid, it shall be replaced by a provision that comes closest in meaning. The other rental conditions remain unaffected and valid.
Place of jurisdiction: Ponta do Sol, Madeira
We thank you for your attention and wish you a pleasant holiday!
Your 17° West Team