Guests making bookings are required to accept these terms.
Last updated: May, 2017
This Agreement is between the Guest named on the Booking Summary (“you”) and Old Stone Flats (“the Host”). This Agreement details the terms and conditions which apply between you and the Host relating your rental of the Accommodation.
Allonflat, Lda, which operates the oldstoneflats.com website (“Old Stone Flats”) is the Host. This Agreement is a license to occupy the Accommodation during the agreed period as set out in the Booking Summary (“Rental Period”). You are not a tenant of the Accommodation and you have not been granted exclusive possession of the Accommodation. You are renting the Accommodation under a license of occupation. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Capitalised terms not otherwise defined shall have the meanings ascribed to them below.
“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay.
“Content” means text, graphics, images, music, software, audio, video, information or other materials and includes User Content.
“User Content” means all Content that a Guest submits or transmits to OLD STONE FLATS as a testimonial or comment regarding the Site or Services.
“Guest” means a person who has received an email from OLD STONE FLATS confirming a Reservation of an Accommodation made via the Site or any other channel.
“Owner” or “Investor” means one who has ownership of an Accommodation available on the Site.
“Reservation” means an arrangement between you and OLD STONE FLATS of an Accommodation to have that Accommodation reserved for your use at a specific future time.
The minimum stay required for most Accommodations is two nights; however, this minimum stay required may differ depending on the time of the year. Some Accommodations may require minimum stays of periods as long as one week. If you wish to arrange a stay of more than six months, please make this clear to the OLD STONE FLATS agent to confirm whether such a stay is legally permissible.
BOOKINGS AND FINANCIAL TERMS
OLD STONE FLATS is responsible for honouring any confirmed bookings and making available Accommodations reserved through the Site. If you, as a Guest, choose to confirm a Reservation with OLD STONE FLATS, you agree and understand that you will be required to enter into an agreement and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by OLD STONE FLATS.
Only persons who have legal capacity in both their country of residence and the country where the Accommodation is located and who have capacity to guarantee payment of all contracted Services can make Reservations and execute a lease agreement with OLD STONE FLATS.
When making a Reservation, you are required to inform OLD STONE FLATS of the number of people who will occupy the Accommodation. Overnight stays in the Accommodation of persons other than the Guest and previously identified occupants are not permitted and constitute a breach of these Terms for which OLD STONE FLATS are entitled to rescind the rental contract and to evict you and all occupants from the Accommodation. At check-in, the Guest and any other individuals occupying the Accommodation are required to provide a valid identification card and/or Passport.
OLD STONE FLATS reserves the right to exclude guests and any other authorised occupants prior to check-in and reserve the right to exclude or evict any guest or occupant of the accommodation in violation of these terms.
You agree to the following procedure for making and confirming Reservations:
- If you select “Book Now”, you will directed to the Confirmation of Booking page, where you will be asked to complete the form with your personal information.
- On the Confirmation of Booking page you will be liable to pay the fees due in full.
- You can choose to pay by Paypal or by Credit Card.
- By booking an Accommodation, you will be opted to receive our OLD STONE FLATS emails.
- a) Upon receiving a Reservation request, OLD STONE FLATS will verify whether the Accommodation is available.
- b) To confirm a Reservation, a Guest must pay the Reservation Payment (as defined below under the heading “Reservation Confirmation”) within 24 hours of OLD STONE FLATS’s email confirming the availability of the Accommodation for the requested dates and sending payment information to Guest (the “Reservation Payment Period”). OLD STONE FLATS shall hold the requested dates at the Accommodation during the Reservation Payment Period.
- c) Once receipt of the Reservation Payment is confirmed, OLD STONE FLATS will definitively book the Accommodation for you on the dates you have requested. Subsequently, OLD STONE FLATS will send you an email confirming your Reservation.
- d) By submitting an inquiry, you will be opted to receive our OLD STONE FLATS emails.
- e) Your delay or failure to make the Initial Reservation Payment within the Reservation Payment Period will result in the lapse of the hold on your requested dates at the Accommodation, and OLD STONE FLATS will not be able to guarantee the Accommodation’s availability for the requested dates. If you make the Reservation Payment outside of the Reservation Payment Period and the Accommodation is no longer available, OLD STONE FLATS will reject the payment, in which case you should receive a refund of the entire amount of the payment less any non-refundable credit card charges, bank transaction fees or similar charges.
FEES AND CHARGES
- You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction you also agree to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying.
- The Accommodation Fees set out in the Booking Summary are for rental of the Accommodation only. No additional concierge or other fees which you book through OLD STONE FLATS are included – please read our terms and conditions relating to concierge and other services.
- By accepting these terms you agree to pay the Accommodation Fees in full and you authorise OLD STONE FLATS to collect the full amount referred to in the Booking Summary immediately.
- On commencement of the Rental Period the remainder of the Accommodation Fees will be taken by OLD STONE FLATS’s check-in staff. If you fail to turn up to a booking or check-in then for the avoidance of doubt you will be responsible for the entire Accommodation Fees for the booking (and you hereby authorise OLD STONE FLATS to deduct such sums from the credit or debit card which you supplied when making the booking).
- All fees and charges will be inclusive of VAT.
All of our Accommodations require a security deposits for the rental to cover the cost of missing items and damages or losses in excess of normal wear and tear (the “Security Deposit”). The amount of the Security Deposit is Eur200, but may vary by Accommodation. OLD STONE FLATS will inform you of any Security Deposit required before you confirm your Reservation and will charge it upon reservation. Generally, these funds will not be available for your use until the hold is released. If damages or losses are disclosed upon inspection during or after check-out, the cost to repair or replace such damages or losses shall be charged to the Guest and security deposit shall be held.
If the Security Deposit is charged and if no damages or losses were caused, the Security Deposit shall be reimbursed upon completion of the Guest’s stay or within five (5) business days of check-out, without interest or reimbursement of any currency or transaction fee of any kind.
If damages or losses are disclosed upon inspection at check-out, the Security Deposit shall be withheld pending receipt of documentation duly evidencing the resulting repair costs. You waive any and all rights to contest OLD STONE FLATS’ withholding of the Security Deposit and disbursement of the Security Deposit upon our receipt of duly documented repair costs. Once the total cost of damages or losses are determined, the remaining amount of the Security Deposit will be returned to the Guest.
If the cost of the damages or losses exceeds the Security Deposit, OLD STONE FLATS will send you receipts, price-quotes or budgets, etc., evidencing the cost of remedying the damages or losses, and you shall pay OLD STONE FLATS the necessary amount by an authorised payment method within five (5) business days. If you fail to pay the cost of the damages or losses within the specified time, you hereby expressly agree that OLD STONE FLATS shall be authorised to charge these costs to your credit card.
- In order to confirm a reservation, payment must be made using one of payment options.
- We accept Payment through PayPal or Credit Card.
- Payments via Pay Pal must be added a 4.9% fee.
- Guests using credit cards issued in certain countries may be subject to surcharges required by local law.
- You assume all costs, expenses, fees, taxes or other expenditures applied to any payments or wire transfers by any credit card company, bank or government authority involved in the transaction (even if the credit card company, bank or government authority technically charges OLD STONE FLATS).
- Typically 50% – 100% of the total rent must be paid to confirm a reservation (“Initial Reservation Payment”), depending on the rate selected.
- Following successful processing of your Initial Reservation Payment, OLD STONE FLATS will send you a confirmation email summarising your Reservation.
Amount to be pre-paid: EUR (EUR + 4,9% Paypal fee)
The Rent Balance is the remaining balance of the total rent after deducting the Initial Reservation Payment. Rent Balance payment is due 48 hours prior to local check in time (or 3pm if not specified) by Credit Card or Paypal. It is also possible to pay the remaining balance by wire transfer, however this payment method has to be at least 7 days in advance of check-in. Payments via Pay Pal must be added a 4.9% fee. Any and all commissions, charges, taxes and rates applicable to Rent Balance shall be solely borne by the Guest.
GUEST CANCELLATIONS AND REFUNDS
All bookings made more than 7 days before your stay have a 24-hour cooling-off period, during which time you can cancel your booking, no questions asked.
Unless otherwise specified in the Booking Summary the following cancellation will apply:
- If you cancel a booking within 24 hours of dispatch of your Confirmation of Booking, provided you book more than 10 days prior to your stay, then you are entitled to a total refund, less any non-refundable credit card charges, bank transaction fees or similar charges.
- Generally, cancelling your Reservation within full 14 days prior to local check in time (or 3pm if not specified) will result in forfeiture of the total refund, less any non-refundable credit card charges, bank transaction fees or similar charges.
- For a Reservation canceled within 7 days prior to local check in time (or 3pm if not specified) will result in forfeiture of 50% refund of the total rent, less any non-refundable credit card charges, bank transaction fees or similar charges.
- For stays longer than one month, a cancellation within 10 days before the scheduled arrival date will result in the forfeiture of one month’s rent, less any non-refundable credit card charges, bank transaction fees or similar charges.
- For stays longer than six months, a cancellation within 10 days before the scheduled arrival date will result in the forfeiture of two months’ rent, less any non-refundable credit card charges, bank transaction fees or similar charges.
ADMINISTRATION AND ADDITIONAL FEES
In OLD STONE FLATS you won’t be charged any Service Fees. However, additional fees may be charged for cleaning services during your stay, early and late check ins, early and late check outs and other services that you may request. Our Reservations Team will inform you of any fee prior to booking.
Any desired extension of a Reservation that has already commenced will be subject to availability and will be treated as a new Reservation. Consequently, the Accommodation may not be available for rent and rent prices for the Accommodation may not be available at the same rate. In order to confirm an extension with a start date within 30 days, you will need to immediately pay the full amount of the rent for the term of the extension. In order to confirm an extension more than 30 days in advance of its start date, 20% of the total price of the rent for the extended term will be due, with the remaining Rent Balance for that term due 7 days prior to the extension start date. In either case, a new contract must be signed upon confirmation, and any monies paid towards an extension are non-refundable.
CHANGING YOUR RESERVATION DATES
Any desired change to your Reservation dates is subject to availability. Any change to the dates of your Reservation made may be subject to an additional charge, depending on the desired dates and length of stay. No other fees will apply.
UNAVAILABILITY OF THE ACCOMMODATION AND SITUATIONS AFFECTING YOUR STAY
If, for any reason, the Accommodation booked becomes unavailable on the requested dates or if any problem or defect is discovered or occurs during check-in or during the Guest’s stay, which would frustrate the Guest’s use and enjoyment of the Accommodation prior to completion of his or her stay, OLD STONE FLATS will notify the Guest that made the Reservation and make all commercially reasonable efforts to provide an alternative Accommodation for the requested dates. OLD STONE FLATS will use commercially reasonable efforts to locate an alternative Accommodation with similar amenities at the same rental price until the problem or defect in the Accommodation is resolved or the rental contract terminates (whichever is sooner), but if we cannot locate a suitable, similar Accommodation, we will inform the Guest of available alternative Accommodations and how they differ from the reserved or rented Accommodation with respect to features and price.
If the Guest is unsatisfied with the alternative Accommodation offered as a result of unavailability, a problem or a defect, he or she may choose to: (a) cancel the Reservation and receive full reimbursement of the Rent (if any) paid to OLD STONE FLATS if the unavailability, problem or defect is discovered before or during check-in; or (b) receive a reimbursement proportional to the length of the unused rental term if a problem or defect is discovered during the Guest’s stay.
OLD STONE FLATS will not relocate Guests, reimburse rental payments or cancel a Reservation in response to requests or complaints resulting from or related to causes that are beyond OLD STONE FLATS’s control, unrelated to the Accommodation or due to acts of God or other force major event, including without limitation, general street noise or any kind of disturbance caused by construction, maintenance or repair (whether or not to the Accommodation or the building in which it is located), the condition of the hallways or other amenities, temporary malfunctioning of elevators, maintenance or repairs of common areas ordered by the building management, repairs to neighbouring properties, interruption of the Internet or other services and any similar events affecting the Guest’s stay in the Accommodation beyond the OLD STONE FLATS’s control.
Nevertheless, OLD STONE FLATS will make commercially reasonable efforts to resolve or minimize the situation. OLD STONE FLATS cannot and does not guarantee that its eventual resolution of the situation will not increase expenses for the Guest, including increased rent payments or other expenditures. A Guest’s exclusive remedies against OLD STONE FLATS in any of the above-described events are to: (i) accept OLD STONE FLATS’s alternative Accommodation arrangements or (ii) cancel the remaining portion of the rental contract and receive a reimbursement proportional to the length of the rental term cancelled.
Rental rates provided on the Site may be quoted in a different currency than the currency in which you will be charged. Upon your request for a Reservation, OLD STONE FLATS will determine, in its sole discretion, the currency in which you will be charged based on the payment method you select and the location of the Accommodation you are booking. If you are charged in a currency other than that in which the rental price was quoted, the price will be calculated based on the most recent applicable foreign exchange rate according to your financial institution as of the date and time that your Reservation is confirmed. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. You acknowledge that none of these currency conversion rates or fees are controlled by or known to OLD STONE FLATS.
Any charges, commissions, taxes, rates and other fees applicable to payments shall be borne exclusively by the Guest. Therefore, OLD STONE FLATS may impose or deduct foreign currency processing costs or fees from any foreign currency remittances to Guests.
OLD STONE FLATS may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Owners to the nearest whole functional base unit in which the currency is denominated; for example, OLD STONE FLATS will round up an amount of Eur100.50 to Eur101.00, and Eur104.49 to Eur104.00.
PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Our Guest Experience staff will meet the Guest at the booked Accommodation on the date and time scheduled for check-in to deliver the keys, execute the temporary lease agreement (if not executed in advance of check-in), receive the Security Deposit, show the Guest the Accommodation and deliver a welcome package containing useful information on the Accommodation, the city and the neighbourhood.
Check-in is available after 2pm. Check-ins after 8pm will be charged EUR 30. Early check-ins are subject to availability and an extra fee may apply.
The check-out time is as stated in the Booking Summary. Unless you have agreed a late check-out with OLD STONE FLATS or a further period of rental, then you will be responsible for a full day’s Accommodation Fee for any overstaying. If you overstay by more than 2 hours then we reserve the right to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary (and we will charge you for the costs of any such action) you will also be liable for an additional fee of EUR 200 per day (or part thereof) for any unauthorised overstaying. Our Guest Experience staff will inform the Guests if any missing items or damage to the Accommodation was discovered upon inspection of the Property within 24 hours of your check-out.
Surrendering your Accommodation prior to the completion of your rental contract does not entitle you to reimbursement of any rent payments.
Check-out is available up to 11am. Late check-outs are subject to availability and extra fees may apply.
OLD STONE FLATS will charge a EUR 30 fee to Guest for check-ins or check-outs after 8pm or before 9am.
Our Guest Experience staff will contact the Guest upon confirmation of Reservation to request his/her flight information. This information is necessary for OLD STONE FLATS to monitor the Guest’s flight and take any and all appropriate measures related to scheduling and/or rescheduling the check-in process. If the Guest misses or changes his or her flight or any other changes to the Guest’s flight information occur, we request the Guest to inform OLD STONE FLATS as soon as practicable.
The Guest must maintain the Accommodation in good and clean condition at all times.
The price of Accommodations includes cleaning service prior to check in. If the Guest requires more frequent cleaning service or if cleaning service is not included in the rental price, the cost shall be covered by the Guest. Even if cleaning service is included in the price of the rent, Guests are required to leave the Accommodation in a good and clean condition subject only to normal wear and tear. If the Guest fails to return the Accommodation in a good and clean condition, OLD STONE FLATS may withhold a cleaning charge from the Security Deposit corresponding to the cost necessary to leave the Accommodation in a good and clean condition.
Only cleaning personnel designated by OLD STONE FLATS is authorised in the Accommodations. Guests are responsible for granting the cleaning personnel access to the Accommodations on the dates and times stipulated. Please contact OLD STONE FLATS if you have any questions or concerns regarding the cleaning service, or to schedule more frequent cleaning service.
SUPPLIES AT THE ACCOMMODATIONS
The Accommodations will be supplied with basic hygiene products, including bed linen, towels, toilet paper, toiletries and basic groceries. OLD STONE FLATS also provides the optional Services of supplying the Accommodations with a list of groceries that the Guest must request in advance. We will charge you for the cost the list of groceries you request in addition to an administrative fee; you will be informed of the relevant administrative fee at the time you request this Service. Please read our terms and conditions relating to concierge and other services.
Please inform OLD STONE FLATS of any special request via email before making your Reservation so that OLD STONE FLATS can verify whether your request can be met. Special requests may be subject to additional charges; OLD STONE FLATS will notify you of the proposed additional charges for your special request in writing for your authorisation. OLD STONE FLATS shall not be responsible for your failure to notify us of any special request or necessity and shall not be liable, and shall not make any reimbursement, to any Guest whose stay is inadequate as a result of a failure to appropriately notify us of said special request or necessity.
RULES REGARDING YOUR STAY IN AN ACCOMMODATION
- You have primary responsibility for your own safety during your stay at the Accommodation. You must read any fire or health & safety guidance which is provided to you and you must listen to any instructions or explanations which are provided by OLD STONE FLATS’s check-in staff when showing you around the Accommodation.
- If you become aware of anything during your stay which you believe is a health & safety risk you must inform OLD STONE FLATS immediately.
- You must comply with our Rules (available here) and you must also comply any building regulations and House Rules and any reasonable directions of OLD STONE FLATS. The House Rules will be supplied to you when you check-in.
- OLD STONE FLATS will not tolerate any verbal or physical abuse towards any of its staff or representatives.
- You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests as may be specified in the Booking Summary. This Agreement is personal to you and may not be transferred to any other person.
- The Accommodation information specifies the maximum permitted number of guests who are authorised to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation the rental may be terminated immediately and you will be liable to pay a supplement of up to €200 per night in respect of each unauthorised guest and the rental may be terminated immediately.
- In addition to complying with the House Rules and all reasonable directions you also agree that you will:
- keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
- not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
- not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
- if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;
- not leave any obstruction outside of the Accommodation;
- not take any property, belongings or personal effects at the Accommodation;
- not to move any furniture from its original position and/or room within the Accommodation;
- not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
- not conduct any illegal or immoral activity from the Accommodation; you will keep noise levels at the Accommodation to a minimum between the hours of 10pm and 9am or, if local law is more restrictive, comply with all local noise restrictions informed by OLD STONE FLATS;
- not conduct any business or commercial activity whatsoever from the Accommodation;
- not make any alteration or addition whatsoever to the Accommodation or its contents;
- not use the Accommodation for any purpose other than for personal accommodation; neither you nor any authorised or unauthorised occupant will smoke or use illegal substances in any of the Accommodations;
- OLD STONE FLATS may inspect the Accommodation upon reasonable notice or without prior notice when exceptional circumstances make doing so necessary;
- if any illegal substances are found in the Accommodations, or if the neighbours complain about noise levels in excess of the range of normal tolerance or other violations that result in complaints or claims, OLD STONE FLATS may immediately evict you and all authorised or unauthorised occupants at any time of day or night; and
- your unlawful or wrongful conduct, or that of any authorised or unauthorised occupant, shall result in the loss of the total amount paid by the Guest, including the Initial Reservation Payment, the Rent Balance and the Security Deposit. Furthermore, OLD STONE FLATS may seek reimbursement of any expenses or losses incurred in connection with any proceeding or legal action asserted against them as a result of the Guest’s conduct.
DAMAGE TO ACCOMMODATIONS OR MISSING ITEMS
- As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived.
- If on arrival at the Accommodation you discover anything is missing or damaged then this must be reported to OLD STONE FLATS immediately otherwise it will be presumed that the damage/loss was caused by you and a charge will be made.
- You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.
- In the event that we provide evidence of damage or items missing, you agree to pay the cost of repairing the losses or damages whether repair or replacement of the damaged or missing items is necessary and to the use of your Security Deposit to cover these costs.
- OLD STONE FLATS also reserves the right to charge the credit card associated with your Reservation, or otherwise collect payment from you and pursue any avenues available to OLD STONE FLATS in this regard, including using Security Deposits, in situations in which you have been determined, in OLD STONE FLATS’ sole discretion, to have damaged any Accommodation. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable OLD STONE FLATS (if applicable).
- OLD STONE FLATS is not responsible for any damages caused to or within the Property, including without limitation, any broken, stolen or lost items – whether they be your property or that of OLD STONE FLATS. Please contact our office immediately should an item break or go missing.
LIABILITY AND CLAIMS
Any claims made by you under this Agreement must be made initially through OLD STONE FLATS.
OLD STONE FLATS will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the rental.