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Terms and Conditions C2STAY.COM
The present document comes into force from the moment of its acceptance by the Reservations
System C2STAY.COM and defines the terms and conditions under which the Hotel agrees
to commercialize its accommodation units and services associated, making available
inventory and prices for Guest reservation through the online Reservations System
C2STAY.COM, henceforth designated as "C2STAY.COM".
GENERAL CONDITIONS:
C2STAY.COM allows the lodging units (henceforth denominated as "Hotel") to sell
its rooms, services and facilities associated to these, by means of payment of a
commission. C2STAY.COM offers the users an online Reservations System, whether through
its own websites, whether through third parties associated. By registering at C2STAY,
the Hotel agrees submitting totally to the following terms and conditions of the
present contract.
1. CONTRACT VALIDITY:
The initial validity of the present contract begins at its signature date and remains
in force, except if terminated in accordance with what is stipulated in the present
contract.
The present contract is valid from the moment of the consent confirmation by the
C2STAY.COM of the Hotel’s registration request at C2STAY.COM, which shall be communicated
to the Hotel itself in accordance to the terms stipulated in paragraph 18 of the
present contract.
C2STAY.COM reserves the right to reject the Hotel’s registration request at its
discretion, as well as to rectify the data entered by the Hotel in the informative
form if it considers these as incorrect. In that case, C2STAY.COM shall notify the
Hotel by means of an electronic mail communication.
The informative form, once rectified by C2STAY.COM, shall be considered as effective
if, in a period of five days of receipt of the abovementioned communication, the
Hotel does not provide to C2STAY.COM evidence of the reliability of the data provided
initially.
The present Contract may be terminated immediately by any of the parties, at any
time and for any reason, by means of prior communication. In the case of termination
of the present Contract, the following items shall remain valid: Tariffs and Commissions
– General Conditions, Payment Conditions, Reconciliations and Invoices, Information
Responsibility, Guarantees and Disputes, Competent Court and Jurisdiction.
At the moment of termination of the present contract all the licenses granted shall
be considered as revoked and the Hotel shall remove immediately from its website
any eventual connection to C2STAY.COM.
2. INFORMATION RESPONSABILITY
2.1. Contents: All the information related to the inventory of
the Hotel rooms and to any associated service that the Hotel may offer through C2STAY.COM
should be complete, accurate and updated (including, but not limited to, information
related to prices, cancellation deadlines and reservation policy) being this information
an exclusive responsibility of the Hotel. C2STAY.COM shall not be responsible for
any loss of profit, lack of information or any other direct or indirect damage due
to lack/incorrect entering of complete and accurate information or to any other
similar causes. In the same way the Hotel is always responsible for a correct and
updated statement of its information, including additional room availability for
certain periods, or any extraordinary events or situations as, for example, restoration
or works in the facilities or surroundings. The Hotel must frequently update the
Hotel Information (or daily, if necessary) and can change at any moment through
Extranet, (i) the tariffs of rooms available for reservation, and (ii) the number
or typology of rooms available, according to the Minimum Allocation (as defined
below).
2.2. Hotel Information: The Hotel assures that the information
included in the Informative Form is correct. The Hotel is responsible for the accuracy
of all facts related to it that are presented at the Reservations System and must
inform C2STAY.COM immediately if any factual information is incorrect. The Hotel
must honor any reservation made based on the Tariffs in the Reservations System
of C2STAY.COM at the time at which the reservation is made.
At any time, C2STAY.COM may refuse offering, presenting or enumerating the Hotel
for reservation through its Reservations System. The Hotel must honor any reservation
made before expiration or termination of the present contract.
2.3. Marketing: C2STAY.COM and affiliates have the right, exclusively
for purposes of marketing, promotion and obtainment of reservations for the Hotel,
to use the name, logos, trade marks and images of the Hotel website or provided
by the Hotel itself (including photos). The Hotel assures that such use does not
violate any third-party rights. Any additional publicity or marketing to be carried
out about the Hotel must be ruled by the existing standard terms and conditions
of marketing of C2STAY.COM and therefore shall not need any type of approval or
consent by the Hotel.
2.4. Indemnity: The Hotel commits itself to indemnify and to keep
C2STAY.COM exempt of any cost (including, but not limited to, legal costs) related
or derived from any claim, responsibility or procedure of any kind originated from
or associated to the present contract, on the whole or partially, or to the rooms
and services reserved through C2STAY.COM, or derived from any misunderstanding resulting
from the information entered by the Hotel at C2STAY.COM. This guarantee remains
in force and effective including after termination or expiration of the present
contract for any reason.
2.5. Confidentiality: Without the express written consent by C2STAY.COM,
the Hotel shall not disclose or allow disclosure to third parties, nor shall use
for other purposes than that allowed in the present Contract, of any confidential,
patented or business secret information of C2STAY.COM. C2STAY.COM shall not be responsible
for the disclosure of any confidential, patented or business secret information
if such information (i) becomes public without violation of any obligation between
the parties, (ii) is made known by C2STAY.COM before disclosure of that information
by the Hotel, (iii) is made known by C2STAY.COM from any other source than the Hotel,
when such source has not violated any obligation of confidentiality owed to the
Hotel, or (iv) if it is developed by the Party receiving it. If C2STAY.COM provides
to the Hotel access to the Reservations System C2STAY.COM, the Hotel must (a) allow
access to such system only to its employees with a legitimate need of that access
and to Authorized Third Parties previously approved by both parties, with the sole
objective of complying with Hotel obligations under the present contract and always
considering that the Hotel has carried out proper written agreements with each employee
or Authorized Third Party which are sufficient to assure protection of any confidential
information available through the Reservations System and to allow compliance with
all the provisions of the Contract, (b) keep as confidential and demand that all
the Hotel employees and representatives keep as confidential all the passwords and
other safety measures necessary to accede to the referred Reservations System, (c)
inform C2STAY.COM of all the personnel authorized to accede to the referred Reservations
System, including any changes to the personnel and of any non authorized access
to that Reservations System, (d) impede the use of any scripts or automated software
to repeatedly perform researches at the Reservations System of C2STAY.COM in order
to obtain information. The Hotel is responsible for the use of the Reservations
System C2STAY.COM by any person who uses the password or other access permissions
to the Hotel. Any direct connection functionality that is implemented in the Hotel
must be ruled by the existing terms and conditions of direct connection to C2STAY.COM.
2.6. Agreements: By the present contract, the Hotel shall authorize
C2STAY.COM to celebrate agreements, on behalf of and using the Hotel account, with
the eventual users that may arise at reservations made through the page www.c2stay.com
and its affiliates.
3. OPERATION CONDITIONS OF RESERVATIONS
The Hotel must honor the reservation request of the user after delivery by C2STAY.COM
of an Electronic Message containing the reservation made by that user. The Hotel
accepts the Electronic Message as evidence of the user reservation.
3.1 Confirmation: In accordance with the information provided by
the Hotel to C2STAY.COM, the user will be able to carry out a reservation which
will be automatically and immediately confirmed by C2STAY.COM. The reservation guarantee
is based on the information contained in the credit card provided by the user. The
Hotel is responsible for verifying the reliability and validity of the data contained
in the credit card. The Hotel shall have the right to cancel the reservation made
through C2STAY.COM up to 72 hours after the act of reservation and only if the credit
card does not offer a guarantee and if the user, even on request by the Hotel, is
not able or willing to provide a guarantee for the referred reservation.
3.2. Inventory: The Hotel must make available through the Reservations
System C2STAY.COM at least the same number and type of rooms that are available
at any of the Hotel’s sales channels or Third Parties.
3.3. Special Offers: The Hotel shall make available to C2STAY.COM
any offers, promotions or other special offers made available by the Hotel itself
through any of the Hotel’s sales channels or Third Parties.
3.4. Changes to Tariffs or Inventory: The Hotel may change the
tariffs or inventory available at any moment, as long as it safeguards paragraphs
3.2, 3.3 and 7.
3.5. Cancellations: The user shall be able to cancel a reservation,
whether through the reservations page of C2STAY.COM, whether directly with the Hotel.
C2STAY.COM shall not charge any commission on the canceled reservation except in
the cases prescribed in paragraphs 5.3. and 5.4.
3.6. Annulment and non attendance (No-show): Except if otherwise
specified by the Hotel, the user can cancel any reservation at any time, as long
as it is before the 24:00/12am (of the local time zone of the Hotel) of the previous
day to the date of arrival, without any cost to the user. If (i) the user cancels
any reservation after that deadline or if the reservation does not present attendance
and (ii) the reservation is not subject to the conditions described in this contract,
the reservation is totally canceled and, except if otherwise specified by the Hotel,
the same shall only be able to charge the user a cancellation cost equal to the
Tariff plus the applicable taxes related to one night for the referred reservation.
The amount charged shall also be subject to payment of the commission agreed in
this contract to C2STAY.COM.
3.7. Relocations: The Hotel shall not treat any user in a different
manner as it treats any other Hotel guest, including, with no limitation, the way
the Hotel handles overbooking situations (that is, "transference to another hotel").
If the Hotel is not able to honor the user reservation, the Hotel should immediately
(a) notify C2STAY.COM of this incapacity, (b) transfer the user to another Hotel
with the same star rating or better, (c) prepay or make other arrangements to cover
the room expenses in that Hotel for the nights in question and all the transportation
costs to that Hotel and (d) deliver a written explanation exempting C2STAY.COM from
the responsibility for the Hotel non compliance to honor the reservation.
3.8. User Changes: Except if otherwise agreed by C2STAY.COM, the
Hotel is the sole responsible entity for any changes or services requested by the
user directly to the Hotel and the Hotel is the sole responsible entity for collecting
from the user any amounts for those changes or services.
3.9. Anti-Fraud Cooperation: If a reservation is a Potentially
Fraudulent Reservation, or if certain data provided by the user cannot be verified
by the Hotel before the 24:00/12am (of the local time zone of the Hotel) of the
previous day to the date of arrival, the Hotel and C2STAY.COM should work together
to obtain a solution for the Potentially Fraudulent Reservation, which may include
the reservation cancellation at any time up to 18:00/6pm (of the local time zone
of the Hotel) of the user’s arrival day. The Hotel is the sole responsible entity
for assuring that the identification presented by the user is valid and coincident
with the reservation information provided to the Hotel.
3.10. Reservation Guarantee: After receipt of the message via fax
or electronic mail referred in paragraph 3.1., the Hotel should confirm that the
reservation was correctly performed and guaranteed by the user and that the credit
card is valid for the reserved stay dates. Otherwise, the Hotel should communicate
the fact to the user with the purpose of requesting the user to send to the Hotel
guarantee of payment for the reservation, and keep C2STAY.COM informed and updated
on this situation. The same shall apply in a situation when a few days before the
reserved stay date, the user’s credit card guarantee turns out to be impossible,
for example, because the user has exceeded the credit card’s limit.
3.11. Responsibility for reservations: The Hotel holds the obligation,
as party in the contract, of undertaking reservations and accepting them in accordance
with the information presented at the reservation, including any additional information
and/or wishes revealed by the users. In the eventuality of being produced a punctual
cancellation made by the user, the Hotel has the obligation of paying the commission
to C2STAY.COM in accordance with what is described in paragraph 4. In the case of
being produced an eventual Hotel’s lack of availability in the presence of a previously
confirmed reservation, as described in paragraph 3.1, the Hotel must relocate the
user in question in another hotel due to lack of availability in the reserved accommodation
unit, maintaining the obligation of paying the commission as abovementioned.
3.12. Responsibility for payments: The Hotel is responsible at
each and every moment for the correct payment by the user. In the eventuality that
payment is not carried out, the hotel shall be responsible for the same.
4. COMMISSIONS MANAGEMENT
The Hotel commits itself to paying C2STAY.COM a 10% commission on the sales
of rooms, services and facilities associated to these and included in its inventory
(e.g. a room with breakfast, a room with Spa, etc.) which are managed through C2STAY.COM
or any of its affiliates. Commissions shall be calculated on the reservations paid
and made in compliance with the conditions specified below:
4.1. The user makes the reservation through C2STAY.COM at the website
or call centers belonging to C2STAY.COM, or its affiliates and/or travel agencies.
If the user does not cancel the reservation within the prescribed cancellation deadline
in force and the Hotel does not communicate to C2STAY.COM any reservation change,
C2STAY.COM reserves for itself the right to demand payment of the commission in
accordance with what is specified at the reservation, as established in this contract.
4.2. The commissions should include any amount owed by the user
to the Hotel in the case of penalty for cancellation made with delay or "no-show".
The maximum deadline for cancellation and the amount of penalty shall be stipulated
in the terms of cancellation.
5. PAYMENT CONDITIONS
5.1. The Hotel should pay a commission for the fact of having its
information available on C2STAY.COM website or its affiliates’, with a view to a
commercial transaction between the Hotel and the user. The amount of the referred
commission shall be on one hand associated to the number of reservations calculated
by using the reservations list of C2STAY.COM, and on the other hand shall be calculated
by using the commission percentage. The Hotel commits to pay C2STAY.COM a 10% commission
on any reservation and C2STAY.COM reserves itself the right to change the commission
fee by means of a 30 (thirty) day prior notice, in accordance with what is prescribed
in paragraph 18 indicated below. In this case, (i) the new commission fee shall
be applied from the 30th (thirtieth) day of the referred notice, and (ii) the Hotel
shall hold, in the same 30 (thirty) day deadline, the right to request its removal
from the Reservations System C2STAY.COM.
5.2. Unilaterally the Hotel shall be able to increase the commission
percentage by using for such effect the Reservations System C2STAY.COM. The Hotel
is the sole responsible entity for the management of the commission to be designated
for the reservations carried out through C2STAY.COM.
5.3. With the exception of the situation prescribed in paragraph
3.9 and according to paragraph 3.1, only the user shall be able to cancel a reservation.
In the case of cancellation of a reservation made by the user directly with the
Hotel, the same should assure in the following 5 (five) days after the end of the
month in which the cancellation was made, a communication of the event to C2STAY.COM.
If the Hotel demonstrates that the cancellation was carried out within the deadline
that allowed cancellation without any cost, in accordance with the information prescribed
at C2STAY.COM Website, C2STAY.COM shall not charge any commission for the canceled
reservation. If the Hotel does not demonstrate that the cancellation was carried
out within the deadline that allowed cancellation without any cost, in accordance
with the information loaded at the web page, C2STAY.COM, C2STAY.COM shall charge
the commission on the referred reservation, which shall be based on the tariff of
one night stay regardless of whether the hotel states that nothing was charged or
some amount was charged to the user for cancelling the reservation.
5.4. If the Hotel does not inform of a cancellation as the one
presented in the previous paragraph and there is no notice in due time, C2STAY.COM
shall keep the right to charge to the Hotel a commission calculated based on the
original reservation.
5.5. If the user does not make use of the reserved stay without
cancelling it previously ("No-show"), the user shall pay to the Hotel and the Hotel
shall also pay C2STAY.COM, in accordance with paragraph 3.6. of this contract.
5.6. In the eventuality of "No-show" by the user, the Hotel shall
inform C2STAY.COM of the occurrence within a 5 (five) day deadline after the end
of the month in which the stay should have taken place and C2STAY.COM shall charge
the commission, as described in paragraph 4, regardless of the number of nights
registered at the reservation. If the Hotel does not inform C2STAY.COM of a No-show
in the indicated way and within the stipulated deadline, C2STAY.COM shall keep the
right to charge to the Hotel a commission calculated based on every night included
in the reservation originally made by the user and not only on one night stay.
5.7. If the number of stay nights is inferior or superior to the
number of nights originally reserved by the user, the Hotel should also notify C2STAY.COM
during the 5 (five) following days after the end of the month at which the reservation
was made and C2STAY.COM shall charge a commission based on the new number of stay
nights. If the Hotel does not notify as indicated and within the prescribed time
period, C2STAY.COM shall keep the right to charge to the Hotel the commission calculated
based on the number of nights originally reserved by the user.
6. COMMISSIONS PAYMENT
6.1. The invoices shall be issued monthly by C2STAY.COM which shall
make efforts to send them until the seventh (7) day of each month, in accordance
with the Hotel’s prior notices of cancellations, "No-shows" or stays that were reduced
or were superior to the original reservation. The method of payment shall be indicated
on every invoice sent.
6.2. The commission shall be calculated on the reservation price
and/or other associated services previously mentioned by the Hotel, whose information
shall be available at C2STAY.COM. If the indicated price includes, for example VAT,
entry taxes, city taxes or other taxes and/or food and beverage, the referred commission
shall be calculated on the total reservation. The same shall apply to any other
additional component reserved by the user through C2STAY.COM as, for example, tickets
to shows, museums or tours.
6.3. C2STAY.COM reserves the right to issue invoices weekly or
to send invoices in advance if the amount to be charged to the Hotel is high.
6.4. The commission payment shall be carried out until 14 days
after sending of the invoice by C2STAY.COM. In the eventuality that the Hotel does
not send payment on time, C2STAY.COM holds the right to close the web page of the
referred Hotel.
6.5. In the case of non payment of invoices on time by the Hotel,
C2STAY.COM shall charge a delay interest at an annual tax of 10% on the due amounts.
The method of payment shall be indicated on every invoice issued and sent to the
Hotel.
6.6. In case of contract termination or if the hotel’s web page
in C2STAY.COM is closed, the Hotel should pay C2STAY.COM the commission on all the
reservations received up to the moment of the end of the contract or of the closing
of the hotel’s web page at C2STAY.COM, as well as on all the reservations for future
stays apart from punctual cancellations.
6.7. All the users shall receive questionnaires via e-mail by C2STAY.COM
related to their stay and use of the services and facilities of the Hotel’s structure.
The users are not committed to complete the questionnaires, but the answers received
can be used to verify the reconciliations of invoices presented. The same answers
shall be used to evaluate the user’s level of satisfaction.
7. BETTER PRICE GUARANTEE
The Hotel states and guarantees that the price entered at the Reservations System
of C2STAY.COM is the lowest price available per room, per night or per stay and
that no better price can be obtained by making the reservation directly with the
Hotel or its own sales channel or by using any other distribution channels, including
promotional Reservation Prices or any other service.
8. C2STAY.COM ACESS CONDITIONS TO THE RESERVATIONS SYSTEM C2STAY.COM
8.1. In order to make registration at C2STAY.COM, the Hotel must
have all the necessary licenses and authorizations, in accordance with the terms
prescribed by the legislation in force. At the moment of the acceptance of the Hotel’s
registration request, in accordance with what is prescribed in the referred paragraph
1, the Hotel shall receive a personal login and a password to accede to the system.
8.2. In the case that the prices entered by the Hotel at C2STAY.COM
are not exact, the Hotel commits itself to respect the prices offered to the users
of C2STAY.COM.
8.3. In the case that all the rooms reserved through C2STAY.COM
are not available, the Hotel shall be responsible for finding an acceptable alternative
solution with similar conditions for the users that cannot be lodged.
8.4. The non observance of these terms gives C2STAY.COM the right
to suspend all the services or to cancel the Hotel’s registration at C2STAY.COM.
9. SECURITY
C2STAY.COM uses a crypto-graphed technology with the purpose of safeguarding confidential
information related to the users’ credit cards and to commissions. The Hotel holds
the exclusive responsibility for the secret and confidential management of the login
(user ID) and of the password provided by C2STAY.COM in order to accede to its registration
at the Reservations System of C2STAY.COM.
10. PRIVACY
Both the Hotel and C2STAY.COM commit themselves to fulfill all the legal provisions
concerning restrictions related to the use of the personal data provided for the
execution of the present Contract.
11. COPYRIGHT AND TRADE MARK
11.1. Material provided by the Hotel
The Hotel states and guarantees to C2STAY.COM that the same is the sole proprietor
or person authorized to use all the material (including, but not limited to, data,
graphical elements, photographs, trade marks, trade names, domain names and other
information of any kind) provided by the Hotel to C2STAY.COM. The Hotel authorizes
C2STAY.COM to use partially or in full the information at the websites and at the
Reservations System C2STAY.COM and at those organized by third parties.
The Hotel guarantees that the referred information does not violate intellectual
property or the rights of ownership of third parties. The Hotel shall not provide
nor shall transmit through C2STAY.COM information or material that may turn out
to be obscene, persecutory, defamatory, vulgar, offensive to races and ethnicities
or illegal. The Hotel agrees to indemnify and to keep C2STAY.COM exempt of any damage
or expense that may be assigned to the same due to violation of those guarantees,
including the case’s legal expenses.
As regards to information entering, file uploading, data entering or communication
by any means through the Reservations System C2STAY.COM in various modalities by
using the safe hyperlink URL, the Hotel grants to C2STAY.COM a non exclusive license,
free and valid throughout the World, to copy, transmit, reproduce and distribute
that information through C2STAY.COM in any publicity or marketing material, without
need of consent or approval by the Hotel.
The Hotel is aware of and agrees that any information entered at C2STAY.COM is public
information, except communications made through the safe web URL address, which
shall be assigned to the Hotel in order to send and receive confidential information
from the users and material related to invoices.
11.2. Software and Information provided by C2STAY.COM
C2STAY.COM is the producer and proprietor or licensee of all the rights on any software
that is acceded through its Reservations System or that is made available to be
downloaded at or from its own Reservations System. The Hotel is allowed to use the
software in accordance with the observance of the referred terms and conditions
of the present contract.
The Hotel shall not be able to modify, copy, reproduce, republish, upload, send,
transmit or distribute, in any way, material at this website provided by or through
C2STAY.COM, including the code or the software, except for the one established by
the present contract.
The Hotel shall be able to enter only the commercial information necessary to provide
proper information on the Hotel’s reservations and selling of services associated,
as well as the one related to the reconciliation of the reservations amounts. The
Hotel shall be able to download material from the website C2STAY.COM only if having
in view didactic purposes, for reservations or reconciliation of invoices. Any other
use is severely prohibited. Any downloaded material must include the necessary Hotel’s
indications and the indication of reserved rights as follows: "CLICKTOSELECT, LDA
– All rights reserved."
11.3. Indications on Copyright
C2STAY.COM and its affiliates are property of CLICKTOSELECT, LDA and are administered
by it, containing material provided by C2STAY.COM itself, users and clients. All
the material on C2STAY.COM and C2STAY.COM websites is property of C2STAY.COM and/or
of the registered structures or organizations. All the rights related to the web
pages design, software, text and graphical arts, as well as to the selection, organization
and presentation of these are reserved.
11.4. Indications on the Trade Mark
C2STAY.COM and its related products are trade marks or trade names of CLICKTOSELECT,
LDA. The C2STAY.COM websites may also contain trade names or trade marks which are
property of third parties. The Hotel shall not be able to take any measures to register
those trade marks or names that are property of C2STAY.COM or that may affect its
interests related to these. The Hotel shall not be able to use or to offer the terms
C2STAY.COM ("Reserved Names") or any other term or word similar to the Reserved
Names or to use any other methods that allow the Hotel to take advantage of its
participation at C2STAY.COM by deviating traffic to its own website.
12. GUARANTEES
12.1. The Hotel states and guarantees that it possesses all the
necessary licenses and authorizations that are demanded by law in order to practice
the hotel activity of rooms and services sold through C2STAY.COM.
12.2. C2STAY.COM is a service provided by C2STAY.COM "as such".
C2STAY.COM does not guarantee that its programs and services may operate without
interruption or error free, that defaults are repaired or that the Reservations
System or its web pages are immune to virus or other harmful components. Under no
circumstance, in the case of malfunctioning of C2STAY.COM and its Reservations System
or of one of its programs, C2STAY.COM, its partners or associates, representatives,
agents, managers, employees or shareholders shall be responsible for direct, indirect,
accidental or special damages or for subsequent damages that result or arise from
improper use or an incapacity to use the Reservations System or other programs of
C2STAY.COM, from the supply by C2STAY.COM of services, or from the information available
on or from C2STAY.COM, including, but not limited to, damages caused by virus that
can infect the user’s or the hotel’s computer. In the case of losses or damages
of this type, or if for any reason the Hotel is not satisfied with C2STAY.COM or
its Reservation System, the Hotel expressly recognizes that the only solution at
its disposal is the one of putting an end to the access and use of the Reservations
System, according to the conditions and terms prescribed by the Law.
12.3. C2STAY.COM does not provide guarantees nor statements on
the adequacy of its services, programs, information or material for any particular
use, and gives no guarantee, including implicit guarantees on selling and suitability
for a particular use, title, security, non violation or precision.
12.4. During the validity of the services included in the present
contract, C2STAY.COM shall be able to provide links to websites maintained by third
parties. C2STAY.COM does not operate nor controls the referred websites and shall
not be responsible for its contents or maintenance. The supply of a link should
not be interpreted as a guarantee by C2STAY.COM on any of the referred websites.
13. COMPETENT COURT AND JURISDICTION
13.1. The present contract shall be ruled by the Portuguese legislation
in force, without including any principle related to a legislation conflict. Every
and any litigation resulting from interpretation, execution and non compliance of
the present contract shall be definitely decided by application of Portuguese law
and settled exclusively by the Portuguese jurisdiction, being agreed as local jurisdiction
the Court of Justice of Oporto District, with expressed resignation of the parties
to any other.
13.2. By registering at C2STAY.COM the Hotel accepts the exclusive
jurisdiction of the Oporto Court, Portugal, to settle any controversy arising from
the present contract.
13.3. If the contract celebrated with the Hotel is translated to
a language different from Portuguese, the contract’s Portuguese version shall take
precedence over any other language.
14. FULL AGREEMENT
14.1 The present contract is the full agreement between the parties
mentioned on the first page of the present contract with reference to the object
matter and cannot be modified by the Hotel without the explicit written consent
by C2STAY.COM at each circumstance. No other information contained in the C2STAY.COM
websites or in associated websites can be considered as part of this contract. Once
accepted, the present contract shall replace any other previous agreement (oral
or written) related to the use of the services provided by C2STAY.COM to the Hotel.
14.2. C2STAY.COM reserves the right to improve or change its products,
programs and any other term or condition of the present Contract at any time.
15. RELATIONSHIP BETWEEN THE HOTEL AND C2STAY.COM
The Hotel shall not be able, in any circumstance to distort the relationship between
C2STAY.COM and itself or to state, in an explicit or implicit manner, that there
is in any relationship between C2STAY.COM and itself, any other person or entity,
except for those expressly stipulated in the present contract (including, but not
limited to, the implicit or explicit statement that C2STAY.COM supports, sponsors,
guarantees or economically contributes to charity or any other cause).
16. POSSIBILITY TO DISSOCIATE
If any point of the present contract is considered illegal, null or non applicable
for any reason, such point shall be considered as being subject to dissociate and
shall not invalidate nor impede the compliance with any other remaining clauses
of the present contract.
17. POWERS
With the acceptance of the present contract, the Hotel states to be acting as manager
or holder of legal authority for signing the present contract on behalf and on account
of the registered entity.
18. NOTICES
Any notice demanded by the present contract shall be written and considered as valid
once received. The notice can be delivered in person, by electronic mail, by confirmed
fax or by registered post to the last address registered at C2STAY.COM.
At the scope of the celebration of the present contract, C2STAY.COM has communicated,
in full, the clauses included in the present contract, in a proper manner and sufficiently
in advance, for a possible complete and effective awareness by the Hotel. C2STAY.COM
has also informed of all circumstances included in the present contract and has
equally provided all the clarifications requested by the Hotel.
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