Introduction

This website is owned and operated by Book Algarve. Our company information is at the end of this document.
Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

Changes to the terms and conditions

We may change these terms and conditions by giving notice by email, SMS  and/or by posting the new version on our website. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

Use of our Service

We grant Users a limited personal right to use our Service on any applicable device owned or controlled by you in accordance with these terms and conditions.

You are not eligible for, and must not use or register on, our Service if:

a) you are below 14 years of age; or
b) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country); or
c) you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.

You agree that you will not in connection with the Service:

a) breach any applicable law, regulation or code of conduct;
b) publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:

  1. i) is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
  2. ii) infringes any intellectual property or other rights of others;
  3. iii) involves phishing or scamming or similar; or
  4. iv) we otherwise reasonably consider to be inappropriate;

c) publish or send any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d) impersonate any person or entity in order to mislead others;
e) publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
f) sell access to the Service;
g) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
h) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
i) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
j) do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
k) do anything which may negatively affect other Users’ enjoyment of the Service;
l) gain unauthorised access to any part of the Service or equipment used to provide the Service;
m) use any automated means to interact with our systems excluding public search engines; or
n) attempt, encourage or assist any of the above.

You must promptly comply with any reasonable request or instruction by us in connection with the Service.
We are entitled to impose and/or change limitations on usage of our Service.
You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

Guidance on our site

Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it.

Security

Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

Ending or suspending this contract

You may at any time end this agreement by deleting your account or otherwise following the instructions on our Service. Ending the contract does not give rise to any refund.

We are entitled at any time to end this agreement without refund by email notice and/ or by SMS and/or by in-app message for any reason except that the agreement will continue insofar as necessary in relation to pending Events.

We are entitled at any time (with or without notice) end this agreement or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund.
If this contract ends: Your right to use our Service and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business of yours.

Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:

a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
b) Our liability of any kind (including our own negligence) with respect to any Event is limited to the total fees paid to us in connection with such Event.
c) In no event (including our own negligence) will we be liable for any:

  1. i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  2. ii) loss of goodwill or reputation;
  3. iii) special, indirect or consequential losses; or
  4. iv) damage to or loss of data (even if we have been advised of the possibility of such losses).

d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
e) This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre- contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Intellectual property rights

The intellectual property rights in all material used on or in connection with the Service are owned by us or our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
For the avoidance of doubt you must not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.
You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
If you publish any Content on our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish, whether on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally permitted. You also allow each User a license to use your Content in accordance with these terms and conditions.

Privacy

You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [https://bookalgarve.co.uk/privacy-policy/] which is subject to change from time to time.

Transfer

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is [email protected]

General

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

Complaints

If you have any complaints, please contact us via the contact details shown below:
[email protected]    |      +351 910 717 362