The site is owned by Discover Imagination (“DI”), with headquarters at Estrada do Aeroporto, 140 – Centro Empresarial da Madeira, Lj. 122, Funchal, Portugal.
Accommodation reservations can be made through the Site.
2. GENERAL OBLIGATIONS AND RESPONSIBILITIES
The access to the Services is expressly forbidden by any means other than through the interface provided by DI, as well as the access (or attempted access) to the Site and / or the Services Through automated means (including the use of scripts or web crawlers).
The use of this website is expressly prohibited for purposes other than those to which the website is intended, including illegal or any other purposes that may be considered harmful to the image of DI in the Marketplace. Usurpation, counterfeiting, exploitation of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.
It is also prohibited for you to create or introduce on this website any type of virus or program that damages or contaminates or advises third parties to do so.
In order to access certain Services and restricted areas of the website, you may be required to provide certain personal data (such as identification and contact details) Scope of the registration process for the creation of a User account on the Site (“User Account”). You must provide a valid e-mail address to which you have a legitimate right of access, as well as any other information necessary 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 his password. If you detect any unlawful use of your User Account, you must notify DI immediately. However, you may be held liable by DI or a third party for the unlawful use of your User Account or password.
The User account should only be used by third parties with the consent of the respective holder.
You are solely responsible for any consequential damages or loss of profits caused by your unlawful conduct in using the website, the Services and the Content you make available on the Site.
If DI deactivates or otherwise disengages access to your User Account, you understand and agree that you may be prevented from accessing certain restricted areas of the Site, the details Of your User Account or any content therein.
3. DI RIGHTS AND OBLIGATIONS
DI is committed to providing technical support to the User with a User Account, which is only available via e-mail.
4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
All information contained on the Site and the Services and all data and information compiled by DI associated with it (such as data files, written text, Software, music, audio files Or other sounds, photographs, videos or other images) to which you have access as part of the Services or through your use are considered contents of the DI or third party, when properly identified. You may not modify, lease, loan, sell, distribute or create derivative works on the basis of such content (in whole or in part) unless expressly authorized in writing by DI or Hold their intellectual property and personality rights.
You also agree not to remove, obscure or alter any notices of intellectual property rights (including copyright and trademark notices) that may be posted or contained in the Services.
4.2. BRANDS AND DERIVATIVES
You may not (and can not allow third parties to) copy, modify, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof, Unless expressly permitted or provided by applicable law or the user has been specifically authorised in writing by DI to do so. Unless DI has given you specific written permission to do so, you may not assign (or assign a sub-license of) your rights to use the software, provide a guarantee relating to your rights to use the software. Software or, alternatively, transfer any part of your rights to use the software.
5. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED “AS IS” AND “AS IS” AND DI MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THEM. IN PARTICULAR, DI DOES NOT GUARANTEE TO THE USER THAT (I) THE USE OF THE SERVICES MEETS THEIR NEEDS OR EXPECTATIONS; (II) THE USE OF THE SERVICES IS NOT INTERRUPTED, OR IS TIMELY, 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.
THE USE BY THE USER OF THE SITE, THE SERVICES, AS WELL AS ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT HIS SOLE RISK AND EXPENSE, BEING SOLELY LIABLE FOR ANY CONSEQUENTIAL DAMAGES AND LOSS OF PROFITS CAUSED TO THE EQUIPMENT IN WHICH IT MAKES THE USE OR VISUALISATION OF THE SITE, SERVICES AND MATERIALS AVAILABLE THERE.
TO FACILITATE USER ACCESSIBILITY, DI MAY INCLUDE LINKS TO WEBSITES THAT ARE OWNED OR OPERATED BY THIRD PARTIES. WHEN USING LINKS TO SUCH THIRD-PARTY SITES, YOU MUST REVIEW AND ACCEPT THE RULES OF THAT SITE BEFORE YOU USE IT. THE USER MUST ALSO ACCEPT THAT DI DOES NOT CONTROL THE CONTENT OF THAT SITE AND CAN NOT ASSUME ANY RESPONSIBILITY FOR THE MATERIALS CREATED OR PUBLISHED BY THOSE THIRD PARTY SITES. IN ADDITION, A LINK TO A NON-DI SITE DOES NOT MEAN THAT IT SUPPORTS THE SITE OR THE PRODUCTS AND SERVICES REFERENCED HEREIN.
6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DI ASSUMES NO LIABILITY TO YOU FOR:
(I) ANY DAMAGES RESULTING FROM THE USE OF THE SITE AND SERVICES, INCLUDING TRAVEL BOOKING AND / OR ACCOMMODATION;
8. GENERIC PROVISIONS
8.2. EXERCISE OF RIGHTS
Notifications / communications / complaints
Any notifications, communications and complaints from the user should be made, preferably, to the email[discoveryimagination.reservas(at)gmail.com].
9. APPLICABLE LAW
10.1. The characteristics of the accommodation are those included in the reservation. However, since the photographs were not taken on the day of booking by the customer, there may be non-substantial differences between the photograph and the reality at the time of the services contracted by the customer, which do not give the customer the right to any modification Of the contract.
10.2. The prices shown are per room, but can be presented per person or due to other characteristics, which in any case will be properly indicated on the website when making a reservation. If a reservation for a number of persons is possible than the normal accommodation size, an extra bed may be placed, which may not have the same comfort and quality as the other beds in the accommodation, reducing its working area, Even with child beds.
10.3. Meals and their specificities are communicated to the customer through the website when making a reservation.
10.4. If nothing is mentioned in the reservation, the diet does not include any meal.
10.5. In case the client presents with more people than those indicated in the reservation to use the accommodation, those responsible for the unit may refuse entry, in which case the DI can not be held responsible.
10.6. If an overbooking situation occurs (ie, more reservations than available accommodation) in the unit where the client’s accommodation is inserted, the client explicitly acknowledges and accepts that the DI may place him in another accommodation or other hotel in the same category ( In any case, ensuring that the quality of the accommodation available is not inferior to that of the accommodation reserved by the customer), without additional costs for the client, and without therefore being entitled to any compensation or termination of the contract.
10.7. As a general rule, the accommodation can be used from 4:00 pm on the day of arrival and must be left free before 12:00 noon on the day of departure (in both cases, at the local time of the respective hotel). The stay in the accommodation beyond the time of departure practiced may lead to payment of additional amounts, the sole responsibility of the client.
10.8. If the customer does not show up at the hotel by 11:59 PM on the date of entry, the hotel may disregard the reservation and sell the accommodation to a third party, for which DI can not be held liable.
10.9. The customer must comply with the internal rules of use of the unit, if any, and DI can not be held liable for damages suffered by the customer as a result of the violation.
11.1. The client must pay the amount indicated on the booking form as a prerequisite to be able to take advantage of the booked reservation when required.
11.2. Payment of the reservation can be made by the customer (i) on the website, on the date of the reservation or (ii) on the unit, on the date of entry into the accommodation (if this option is available for the type of reservation made by the client).
11.3. If the client chooses to pay the reservation when it is made, it must do so through a credit card of its own, within the list of issuing entities with which DI collaborates and that is made available in the reservation form, being the payment Accepted by the DI within the limits authorised by the entities issuing it.
11.4. Alternatively, if the client intends to pay the reservation only in the accommodation, he can do so in the terms allowed by the unit and should be informed in advance of this or the DI about the means of payment accepted. Nevertheless, DI will always ask for the credit card information, for the purpose of guaranteeing the reservation, at the time of making the reservation on the website, and DI will be obliged to debit it, for the amount corresponding to the amount Of the first night reserved, only if (i) the customer does not appear in the accommodation, on the date of entry indicated on the booking confirmation, or (ii) cancel the reservation without the anticipated notice of the reservation, which the client expressly accepts and authorises.
12.1. Any deficiency in the performance of the contract in respect of services provided by third party service providers shall be communicated to DI in writing within a maximum period of 20 working days after the end of the services contracted by the customer.
12.2. In order for a complaint to be analysed by the DI, it must have been previously participated by the client to the service provider (accommodation, guides, etc.) during the course of the trip or stay, requiring the same documents corresponding to the event.
13.1. When DI acts as a mere intermediary in the reservation of the services requested by the client, DI’s liability to the client is limited to that resulting from the breach of the obligation to issue the accommodation reservations.
13.2. To the extent permitted by applicable law, DI is not liable for any damages that may arise from any unforeseen circumstances or that are outside its control, and expressly and by way of example: network delays or blockages, interferences, interruptions, Viruses, malfunctions and / or disconnections in the operative operation of the site or in the client’s computer equipment and equipment, or any other anomalous operation of the reservation service for reasons beyond its control that prevent the reservation from being made.
13.5. The client responds to DI in accordance with the law.
14. PERSONAL DATA
All communications or notifications under the contract must be made using the information provided by the customer through the online form.
16. DISPUTE RESOLUTION
In the event of a dispute the consumer may have recourse to an alternative dispute resolution body for consumer disputes: caccram, 291508349, www.srrh.gov-madeira.pt/cacc. More information on the consumer portal www.consumidor.pt.