VILLA CASCATA (LOTE C)

GUEST HANDBOOK

Terms & Conditions & Property Guide

Edition: 2026–2027
Version: 3.0
Effective Date: 1 January 2026


PART A

BOOKING TERMS & CONDITIONS

These Terms & Conditions form the legally binding agreement between the Owner of Villa Cascata and the Lead Guest. They govern every reservation, whether booked directly or through a third-party booking platform.


CHAPTER 1

Welcome, Introduction & Definitions

1.1 Welcome to Villa Cascata

Welcome to Villa Cascata.

We are delighted that you have chosen our privately owned holiday home for your stay and hope you enjoy a safe, relaxing and memorable holiday.

Villa Cascata is situated within Cascata Village, an exclusive private residential condominium in Branqueira, Albufeira, Portugal. Unlike many holiday resorts, Cascata Village is home to a number of permanent residents who value the peaceful character, security and appearance of the community. We therefore ask every guest to respect their neighbours and help preserve the unique environment that makes Villa Cascata such a special place to stay.

Our aim is simple:

  • To provide exceptional holiday accommodation.
  • To maintain the property to the highest possible standard.
  • To ensure every guest enjoys a safe, comfortable and memorable stay.
  • To protect the interests of neighbouring residents.
  • To comply fully with Portuguese law and the Cascata Village Condominium Regulations.

We appreciate your cooperation and sincerely hope your stay exceeds your expectations.


1.2 Purpose of these Terms & Conditions

These Terms & Conditions establish the contractual relationship between Villa Cascata and the Lead Guest and set out the respective rights, responsibilities and obligations of both parties.

Their purpose is to:

  • explain how bookings are made and accepted;
  • establish the contractual obligations of the Owner and the Lead Guest;
  • protect the interests of guests, the Owner and neighbouring residents;
  • promote the safe and responsible use of the property;
  • ensure compliance with Portuguese legislation;
  • ensure compliance with the Cascata Village Condominium Regulations;
  • minimise misunderstandings and disputes; and
  • provide a fair framework for resolving any issues that may arise.

These Terms & Conditions form part of every reservation, whether the booking is made directly with Villa Cascata or through a third-party booking platform.


1.3 Our Commitment

Villa Cascata is committed to providing:

  • accommodation maintained to a high standard;
  • accurate descriptions of the property and its facilities;
  • honest and transparent pricing;
  • prompt and professional communication;
  • assistance before, during and after your stay where reasonably possible;
  • respect for your privacy and personal information; and
  • compliance with all applicable Portuguese legislation relating to holiday accommodation.

In return, we ask every guest to:

  • treat Villa Cascata with care and respect;
  • respect neighbouring residents and other guests within Cascata Village;
  • comply with these Terms & Conditions;
  • follow all health and safety guidance;
  • observe the Cascata Village Condominium Regulations; and
  • report any damage, faults or safety concerns as soon as reasonably practicable.

1.4 Applicable Law

These Terms & Conditions have been prepared having regard to:

  • Portuguese Civil Law governing accommodation contracts;
  • Portuguese legislation relating to Alojamento Local (where applicable);
  • Portuguese consumer protection legislation;
  • the General Data Protection Regulation (GDPR);
  • any mandatory consumer protection legislation applicable in the Lead Guest's country of residence where required by law; and
  • the Cascata Village Condominium Regulations.

Nothing contained within these Terms shall remove, restrict or limit any mandatory statutory rights afforded to consumers under applicable law.


1.5 Acceptance of these Terms & Conditions

These Terms & Conditions form part of the accommodation contract for every reservation at Villa Cascata.

By making a reservation, paying any deposit or balance, accepting a booking confirmation, receiving access information or keys, entering the property, or occupying Villa Cascata, the Lead Guest confirms that:

  • they have read and understood these Terms & Conditions;
  • they accept these Terms on behalf of themselves and every member of their booking party;
  • they have the authority to enter into this agreement on behalf of all persons included within the reservation;
  • every member of the booking party agrees to comply with these Terms & Conditions throughout the stay;
  • every authorised visitor will comply with these Terms & Conditions;
  • they accept responsibility for any breach of these Terms by any member of the booking party or authorised visitor.

No separate signature or written declaration is required for these Terms & Conditions to become legally binding.

Failure to comply with these Terms may result in additional charges, deductions from any security deposit, termination of the stay without refund where legally permitted, and liability for any losses arising from such breach.


1.6 Definitions

For the purposes of these Terms & Conditions, the following definitions apply.

Accommodation
Villa Cascata, together with all furniture, fixtures, fittings, equipment, parking space and facilities provided as part of the holiday rental.

Authorised Visitor
A visitor who has received prior written approval from the Property Manager to attend the property.

Booking
The confirmed reservation for occupation of Villa Cascata during the agreed rental period.

Booking Confirmation
The written confirmation issued by Villa Cascata or an authorised booking platform confirming acceptance of the reservation.

Booking Party
Every person included within the confirmed reservation.

Booking Platform
Any authorised third-party booking service including, but not limited to, Booking.com, Airbnb, Vrbo, Expedia or a recognised travel agent.

Cascata Village
The private residential condominium in which Villa Cascata is situated.

Communal Areas
All shared facilities including swimming pools, gardens, access roads, walkways, landscaped areas and the underground garage.

Damage
Any loss, destruction, deterioration or breakage beyond normal fair wear and tear.

Fair Wear and Tear
The gradual deterioration expected through normal and reasonable use of the property.

Force Majeure
Any event beyond the reasonable control of either party, including severe weather, wildfire, flood, earthquake, pandemic, government restrictions, war, civil unrest, terrorism, utility failures or airport closures.

Guest
Any person staying overnight at Villa Cascata, irrespective of age.

House Rules
The Villa Cascata Conditions of Stay and any written operational guidance issued before or during the booking.

Lead Guest
The person making the reservation who is responsible for the booking, all payments, communications and compliance with these Terms & Conditions on behalf of every member of the booking party.

Owner
The legal owner(s) of Villa Cascata.

Property Manager
Any individual or organisation authorised by the Owner to manage Villa Cascata before, during or after a booking.

Security Deposit
Any refundable damage deposit held against authorised deductions arising from damage, excessive cleaning, missing items or other contractual liabilities.

Visitor
Any person attending Villa Cascata who is not included on the booking confirmation.


CHAPTER 2

The Booking Contract

2.1 Formation of the Contract

A legally binding accommodation contract is formed when:

  • Villa Cascata accepts the reservation;
  • written booking confirmation has been issued; and
  • any payment required to secure the booking has been received.

Until this process has been completed, availability cannot be guaranteed.


2.2 Electronic Communications

The parties agree that booking confirmations, emails, electronic payment confirmations and communications sent through authorised booking platforms constitute valid written communications and may be relied upon as evidence of the booking agreement.


2.3 Contracting Parties

The accommodation contract exists solely between:

  • the Owner (or authorised Property Manager); and
  • the Lead Guest.

The Lead Guest enters into the contract on behalf of every member of the booking party.


2.4 Bookings through Third-Party Platforms

Reservations made through Booking.com, Airbnb, Vrbo, Expedia or other authorised booking platforms remain subject to both:

  • the platform's own booking conditions; and
  • these Villa Cascata Terms & Conditions.

Where any conflict exists, mandatory provisions of Portuguese law shall prevail.


2.5 Entire Agreement

These Terms & Conditions, together with the Booking Confirmation, Conditions of Stay, Arrival Information, Departure Instructions, Privacy Notice and Cascata Village Regulations, constitute the entire agreement between the parties.

No verbal statement or representation shall vary these Terms unless confirmed in writing.


2.6 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of Portugal.

Nothing within these Terms affects any mandatory consumer rights applicable under Portuguese law.


2.7 Jurisdiction

Any dispute arising from this Agreement shall ordinarily be subject to the jurisdiction of the competent Courts of Portugal unless mandatory consumer protection legislation provides otherwise.


2.8 Amendments

Villa Cascata reserves the right to update these Terms & Conditions from time to time.

The version applicable to any reservation shall be the version supplied or made available at the time the booking is confirmed.


2.9 Severability

Should any provision of these Terms be found invalid or unenforceable, the remaining provisions shall continue in full force and effect.


2.10 Waiver

Failure by Villa Cascata to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that or any other provision in the future.


CHAPTER 3

Eligibility to Book

3.1 Minimum Age

The Lead Guest must be at least 25 years of age at the commencement of the booking unless otherwise agreed in writing.

Proof of age may be requested before arrival.


3.2 Identity Verification

Villa Cascata reserves the right to request passports or other official identification before arrival where required by law or considered reasonably necessary.

Failure to provide satisfactory identification may result in cancellation of the reservation.


3.3 Responsibilities of the Lead Guest

The Lead Guest is responsible for:

  • ensuring all booking information is accurate;
  • making all payments;
  • ensuring every member of the booking party complies with these Terms;
  • providing all information required by Portuguese law before arrival;
  • paying for any loss or damage caused by members of the booking party;
  • ensuring neighbours are not disturbed.

3.4 Registered Guests

Only persons named on the booking confirmation may occupy Villa Cascata.

Substitutions require prior written approval.


3.5 Visitors

Visitors are not permitted unless prior written approval has been obtained from the Property Manager.

The Lead Guest remains fully responsible for the conduct of all authorised visitors.

Visitors may not use communal facilities unless permitted by the Cascata Village Regulations.


3.6 Maximum Occupancy

The number of persons occupying Villa Cascata must never exceed the maximum occupancy stated within the booking confirmation.

Exceeding this limit constitutes a serious breach of these Terms.


3.7 Prohibited Bookings

Villa Cascata does not accept reservations for:

  • stag parties;
  • hen parties;
  • drinking weekends;
  • student groups;
  • commercial events;
  • promotional events;
  • unauthorised filming;
  • parties or celebrations;
  • illegal activities.

Reservations made for these purposes may be cancelled immediately.


3.8 Right to Refuse a Booking

Villa Cascata reserves the right to refuse or cancel any booking where there are reasonable grounds to believe:

  • false or misleading information has been provided;
  • fraudulent payment has been attempted;
  • the booking has been made on behalf of an undisclosed third party;
  • the property may be used in breach of these Terms;
  • the safety, security or peaceful enjoyment of neighbouring residents may be compromised.

CHAPTER 4

Booking Process, Prices & Payments

4.1 Booking Enquiries

All enquiries are subject to availability and do not constitute a confirmed reservation until accepted in writing.

Availability displayed on websites or booking platforms is indicative only and may change without notice.


4.2 Booking Confirmation

A reservation becomes confirmed only when:

  • it has been accepted in writing;
  • any required payment has been received;
  • these Terms & Conditions have been accepted in accordance with Clause 1.5; and
  • any additional requirements requested by Villa Cascata have been satisfied.

4.3 Accuracy of Information

The Lead Guest is responsible for ensuring all booking information is complete and accurate.

Villa Cascata accepts no responsibility for losses arising from inaccurate information supplied by the Lead Guest.


4.4 Accommodation Price

The rental price includes only those services specifically detailed within the booking confirmation.

Unless otherwise stated, the rental price includes exclusive occupation of Villa Cascata, bed linen, towels, Wi-Fi, air conditioning, reasonable domestic utility consumption, final departure cleaning, one allocated parking space and use of the communal swimming pools in accordance with the Cascata Village Regulations.


4.5 Optional Services

Additional services may be available, subject to availability and additional charges, including airport transfers, welcome packs, housekeeping, linen changes, baby equipment, grocery delivery, early check-in and late check-out.


4.6 Payments

Direct bookings shall follow the payment schedule stated within the booking confirmation.

Bookings made through third-party booking platforms shall be subject to the payment procedures operated by that platform.


4.7 Currency

All prices are quoted in Euros (€) unless otherwise stated.

Any exchange rate fluctuations or banking charges are the responsibility of the guest.


4.8 Payment Methods

Payments may be accepted by bank transfer, debit card, credit card, secure online payment provider or authorised booking platform.

Cash payments are not accepted.


4.9 Late Payment

Failure to make payment by the due date may result in cancellation of the reservation, forfeiture of any non-refundable payments already made and the release of the accommodation for resale.


4.10 Promotional Offers

Promotional prices apply only to new bookings, cannot normally be combined with other offers and may be withdrawn at any time before a booking is confirmed.


4.11 Pricing Errors

Villa Cascata reserves the right to correct genuine pricing errors before a booking contract has been formed.


4.12 Tourist Taxes

Where Portuguese law requires the collection of tourist taxes or similar local charges, such amounts shall be payable by the Lead Guest in accordance with the legislation in force at the time of the booking.

CHAPTER 5

Security Deposit, Damage and Additional Charges

5.1 Purpose of the Security Deposit

A refundable Security Deposit may be required as a condition of the booking.

The amount of the Security Deposit, the method by which it will be collected or authorised and the applicable return procedure will be stated in the Booking Confirmation or determined by the procedures of the relevant Booking Platform.

The Security Deposit is held as security against genuine losses, costs or liabilities arising from the occupation or use of Villa Cascata, including:

  • accidental or negligent damage;
  • loss or removal of property;
  • missing items;
  • replacement of keys, access devices or remote controls;
  • cleaning required beyond the standard departure clean;
  • unauthorised smoking or vaping;
  • unauthorised animals;
  • breaches of these Terms & Conditions;
  • breaches of the Cascata Village Condominium Regulations; and
  • charges, penalties or losses properly incurred by the Owner because of the conduct of a Guest or Authorised Visitor.

The Security Deposit is not intended to operate as a penalty. Deductions will be limited to reasonable costs and genuine losses arising from the booking.


5.2 Responsibility of the Lead Guest

The Lead Guest is responsible for any loss, damage, additional cleaning or other chargeable cost caused by:

  • the Lead Guest;
  • any member of the Booking Party;
  • any child included within the Booking Party; or
  • any Authorised Visitor.

This responsibility applies throughout the booking period and to any loss identified after departure that can reasonably be attributed to the booking.


5.3 Property Inspections and Records

Villa Cascata is normally inspected before each arrival and following each departure.

Inspection records may include:

  • dated photographs;
  • video recordings;
  • written inventories;
  • housekeeping reports;
  • maintenance reports;
  • witness statements;
  • contractor assessments; and
  • records of the condition of furniture, equipment and facilities.

These records may be considered when determining whether loss or damage occurred during a booking.

Villa Cascata will consider all reasonably available evidence before making a deduction or seeking payment.


5.4 Arrival Inspection and Existing Damage

Guests are encouraged to inspect the Accommodation promptly after arrival.

Any existing damage, missing item, defect or cleanliness concern should be reported to the Property Manager as soon as reasonably possible and preferably within 24 hours of arrival.

Photographs should be supplied where appropriate.

Failure to report an existing issue does not automatically establish liability. However, the absence of a prompt report may be taken into account alongside the inspection records and other available evidence when responsibility is assessed.


5.5 Fair Wear and Tear

Guests will not be charged for normal deterioration resulting from the reasonable and proper use of the Accommodation.

Fair wear and tear may include:

  • normal ageing of furniture and decorative finishes;
  • minor marks arising from ordinary domestic use;
  • reasonable use of appliances and equipment;
  • ordinary deterioration of linen and towels; and
  • reasonable domestic consumption of electricity and water.

Fair wear and tear does not include damage arising from negligence, misuse, carelessness, unauthorised activity or failure to follow reasonable instructions.


5.6 Damage to the Property

Reasonable deductions or additional charges may be made for damage to the Accommodation or its contents, including damage to:

  • furniture;
  • walls, ceilings and decorative finishes;
  • flooring, tiles and carpets;
  • curtains, blinds and soft furnishings;
  • appliances;
  • televisions and electronic equipment;
  • kitchen equipment;
  • sanitary fittings and bathrooms;
  • air-conditioning equipment;
  • doors, windows and locks;
  • balconies and terraces;
  • outdoor furniture;
  • safety equipment; and
  • any item supplied for Guest use.

Where an item can reasonably be repaired, the amount claimed will normally reflect the reasonable cost of repair.

Where repair is not reasonably practicable, Villa Cascata may recover the reasonable replacement cost, taking account of the age, condition and expected useful life of the item where appropriate.


5.7 Missing Items

Charges may be made for the reasonable replacement cost of items removed, lost or not returned at departure, including:

  • towels;
  • pool or beach towels;
  • bed linen;
  • kitchen utensils and equipment;
  • keys;
  • garage access fobs;
  • gate or equipment remote controls;
  • electrical adaptors;
  • decorative items;
  • books and games; and
  • any other item belonging to Villa Cascata.

Guests should contact the Property Manager promptly if they discover that an item has been packed accidentally.


5.8 Additional Cleaning

The rental price includes a standard departure clean following reasonable holiday use.

Additional cleaning charges may apply where the property is left in a condition requiring work substantially beyond the normal departure clean.

This may include:

  • excessive or improperly disposed-of rubbish;
  • food waste left throughout the property;
  • heavily soiled kitchen equipment;
  • staining of furniture, carpets, bedding or towels;
  • smoking or vaping residue;
  • excessive sand or mud;
  • bodily fluids;
  • animal hair, odours or contamination;
  • unauthorised parties or events;
  • unreasonable movement of furniture;
  • blocked sinks, toilets or drains caused by misuse; or
  • any condition requiring specialist cleaning, sanitation or pest treatment.

Any additional charge will be based on the reasonable cost of the work required.


5.9 Smoking and Vaping

Smoking, vaping and the use of electronic cigarettes are prohibited inside Villa Cascata.

Where this prohibition is breached, the Lead Guest may be responsible for reasonable costs associated with:

  • specialist cleaning;
  • deodorising the property;
  • cleaning curtains, carpets and soft furnishings;
  • replacing damaged or contaminated items;
  • repairing burns or other physical damage; and
  • loss of rental income where the property cannot reasonably be occupied while remedial work is completed.

5.10 Unauthorised Animals

Animals are not permitted unless expressly approved in writing before arrival.

Where an animal is brought into Villa Cascata without permission, the Lead Guest may be responsible for reasonable costs arising from:

  • additional cleaning;
  • deodorising;
  • stain removal;
  • pest or flea treatment;
  • damage to furniture, flooring or gardens; and
  • any charge or liability arising under the Cascata Village Condominium Regulations.

Approval of an assistance animal will be handled in accordance with applicable law.


5.11 Keys and Access Devices

Guests are responsible for safeguarding all keys, access fobs, remote controls and access codes supplied during the stay.

The Lead Guest may be charged the reasonable cost of:

  • replacing a lost or damaged key;
  • replacing or reprogramming an access fob;
  • replacing a remote control;
  • changing a lock where reasonably required for security;
  • emergency attendance by a locksmith or Property Manager; and
  • securing the Accommodation following the loss or unauthorised disclosure of an access device or code.

Guests must immediately report the loss of any key or access device.


5.12 Condominium Charges and Third-Party Losses

Where the Owner reasonably incurs a charge, penalty, repair cost or other genuine financial loss because of the conduct of a Guest or Authorised Visitor, the Owner may recover that amount from the Lead Guest.

This may include costs arising from:

  • substantiated noise or disturbance complaints;
  • misuse of communal facilities;
  • damage to communal property;
  • obstruction of access routes or parking spaces;
  • breaches of pool or safety regulations;
  • breaches of the Cascata Village Condominium Regulations; or
  • attendance by security personnel, contractors or other authorised representatives made necessary by Guest misconduct.

A charge will not be passed to the Lead Guest unless there is a reasonable basis for attributing it to the booking.


5.13 Evidence Supporting a Deduction

Where a deduction or additional payment is requested, Villa Cascata will normally provide a reasonable explanation and, where available, supporting evidence.

Evidence may include:

  • photographs or video recordings;
  • check-in and check-out inspection records;
  • inventories;
  • invoices;
  • receipts;
  • contractor reports;
  • repair estimates;
  • replacement quotations;
  • correspondence;
  • complaints or reports from the Condominium; and
  • relevant Booking Platform records.

5.14 Notification of Proposed Deductions

Where Villa Cascata proposes to deduct an amount from the Security Deposit, the Lead Guest will normally be notified within a reasonable period following the departure inspection.

The notification will identify:

  • the nature of the alleged loss or damage;
  • the amount proposed to be deducted, where known;
  • the basis of the calculation; and
  • any supporting evidence reasonably available at that time.

The Lead Guest will be given a reasonable opportunity to provide relevant information or raise a genuine dispute.


5.15 Return of the Security Deposit

Subject to the departure inspection and any unresolved claim, the Security Deposit will normally be released or returned within the period stated in the Booking Confirmation.

Where the Security Deposit is administered by a Booking Platform, payment provider or card issuer, its procedures and processing times will apply.

Villa Cascata is not responsible for delays caused solely by a Booking Platform, payment provider or banking institution.

Where further investigation, specialist assessment or a contractor quotation is reasonably required, the Lead Guest will be informed as soon as practicable.

Any undisputed balance should be returned without unreasonable delay.


5.16 Losses Exceeding the Security Deposit

The Security Deposit does not limit the liability of the Lead Guest.

Where a genuine loss exceeds the amount of the Security Deposit, Villa Cascata may seek payment of the outstanding balance.

Nothing in these Terms prevents the Owner from recovering a properly evidenced debt or genuine loss through a Booking Platform, payment provider, insurer, alternative dispute-resolution procedure or lawful court process.


5.17 Payment Reversals and Chargebacks

The Lead Guest should contact Villa Cascata or the relevant Booking Platform promptly if they believe that a payment has been collected incorrectly.

Where a payment reversal or chargeback is initiated, Villa Cascata may:

  • provide booking and payment records to the payment provider;
  • submit evidence demonstrating the validity of the charge;
  • challenge a chargeback it reasonably considers unfounded;
  • recover an outstanding contractual debt through lawful means; and
  • seek reasonable recovery costs where permitted by applicable law.

Nothing in this clause prevents a Guest from exercising a genuine statutory or contractual right to dispute a payment.


CHAPTER 6

Changes, Amendments and Cancellations

6.1 Cancellation by the Lead Guest

If the Lead Guest wishes to cancel the booking, written notice must be given as soon as possible.

Notice may be sent:

  • directly to Villa Cascata using the contact details stated in the Booking Confirmation; or
  • through the Booking Platform used to make the reservation.

The effective date of cancellation will be the date on which valid written notice is received by Villa Cascata or recorded by the relevant Booking Platform.

The cancellation terms, charges and refund entitlement applicable to the reservation will be those stated in:

  • the Booking Confirmation;
  • the rate or cancellation policy selected when the reservation was made; or
  • the Booking Platform’s applicable cancellation conditions.

6.2 No General Cooling-Off Right

Accommodation contracts for specific dates may not carry the same cancellation rights as ordinary online purchases.

The Lead Guest should therefore review the applicable cancellation policy carefully before confirming the reservation.

Nothing in this clause removes any cancellation or refund right that applies under mandatory law.


6.3 Non-Refundable and Flexible Rates

Villa Cascata may offer different booking rates carrying different cancellation conditions.

A lower or promotional rate may be non-refundable or subject to stricter amendment conditions.

A flexible rate may permit cancellation or amendment within the period specified when the booking is made.

The conditions attached to the selected rate form part of the booking contract.


6.4 Travel Insurance

Guests are strongly advised to obtain comprehensive travel insurance from the date the reservation is confirmed.

Insurance should be suitable for the Guest’s personal circumstances and may include cover for:

  • cancellation;
  • illness or injury;
  • medical treatment;
  • repatriation;
  • travel disruption;
  • flight cancellation;
  • personal possessions;
  • personal liability;
  • curtailment; and
  • circumstances affecting a travelling companion or close family member.

The absence of suitable insurance does not transfer responsibility for an uninsured loss to Villa Cascata.


6.5 Amendment Requests

Requests to change a booking must be submitted in writing.

This includes requests to:

  • change arrival or departure dates;
  • extend or shorten the stay;
  • amend the number or identity of Guests;
  • add a child or infant;
  • transfer the reservation to another person;
  • change optional services; or
  • alter any special arrangement.

Villa Cascata will consider reasonable requests but cannot guarantee that an amendment will be possible.


6.6 Effect of an Amendment

Where an amendment is accepted:

  • the revised price may reflect the rates applicable to the new dates;
  • additional nights, Guests or services may incur additional charges;
  • a shorter stay may remain subject to the original booking price or cancellation terms;
  • administration or Booking Platform charges may apply; and
  • the amendment will not be binding until confirmed in writing.

An amendment is not effective merely because it has been requested.


6.7 Transfer of a Booking

A booking may not be sold, assigned or transferred without prior written approval.

Where a transfer is approved, the replacement Lead Guest and Booking Party must satisfy all applicable requirements, including:

  • minimum age;
  • identity verification;
  • maximum occupancy;
  • payment requirements;
  • guest-registration requirements; and
  • acceptance of these Terms & Conditions.

The original Lead Guest remains responsible for the booking until Villa Cascata has confirmed the transfer in writing.


6.8 Cancellation by Villa Cascata for Guest Default

Villa Cascata may cancel a reservation before arrival where there are reasonable grounds to do so, including where:

  • a required payment has not been received by the due date;
  • materially false or misleading information has been supplied;
  • fraudulent payment activity is reasonably suspected;
  • required identity or registration information has not been provided;
  • the booking appears to be for a prohibited purpose;
  • the intended occupancy would breach legal or contractual limits;
  • the Lead Guest refuses to accept a material booking requirement disclosed before confirmation; or
  • the booking otherwise involves a serious breach of these Terms.

Any refund entitlement will be determined in accordance with the applicable cancellation policy, the circumstances of the breach and mandatory law.


6.9 Cancellation by Villa Cascata Without Guest Default

In exceptional circumstances, Villa Cascata may be required to cancel a confirmed booking because the Accommodation cannot lawfully or safely be provided.

This may occur because of:

  • serious or unexpected property damage;
  • essential emergency repairs;
  • fire, flood or another safety incident;
  • legal or regulatory restrictions;
  • loss of essential services;
  • a Force Majeure event; or
  • another circumstance making occupation unsafe, unlawful or impracticable.

Where Villa Cascata cancels a booking without fault by the Guest, Villa Cascata will notify the Lead Guest as soon as reasonably practicable.

Any accommodation payments received directly by Villa Cascata for the affected booking will normally be refunded, subject to applicable law and any alternative arrangement expressly accepted by the Lead Guest.

Where payment was collected by a Booking Platform, the refund may need to be processed in accordance with that platform’s procedures.


6.10 Alternative Accommodation

Where reasonably practicable, Villa Cascata may assist the Lead Guest in identifying alternative accommodation.

Villa Cascata does not guarantee that a suitable alternative will be available or that it will be available at the same location, standard or price.

No alternative booking will be made without the agreement of the Lead Guest.


6.11 Force Majeure

Neither party will be treated as having breached the contract to the extent that performance is prevented by an event genuinely beyond that party’s reasonable control.

Such events may include:

  • severe weather;
  • wildfire;
  • flood;
  • earthquake;
  • epidemic or pandemic;
  • government restrictions;
  • war;
  • terrorism;
  • civil unrest;
  • airport or border closure;
  • major interruption of public utilities; or
  • an evacuation or restriction imposed by a competent authority.

The affected party must take reasonable steps to minimise disruption where it is safe and practicable to do so.

The consequences of a Force Majeure event, including any refund, credit or rearrangement, will be determined according to:

  • the services that can still be provided;
  • the terms of the applicable booking;
  • the involvement of any Booking Platform;
  • any insurance cover; and
  • mandatory consumer law.

Nothing in this clause excludes any right that cannot lawfully be excluded.


6.12 Failure to Arrive

Where the Booking Party fails to arrive on the agreed date and no alternative arrangement has been confirmed, Villa Cascata may treat the booking as a no-show.

The Accommodation may be released after a reasonable period where:

  • the Lead Guest cannot be contacted;
  • no revised arrival time has been provided; and
  • the applicable booking terms permit the reservation to be treated as abandoned.

A no-show does not normally entitle the Guest to a refund unless the applicable booking conditions or mandatory law provide otherwise.


6.13 Late Arrival

Guests arriving later than the time notified to Villa Cascata should contact the Property Manager promptly.

Villa Cascata will make reasonable efforts to facilitate an agreed late arrival, but cannot guarantee personal attendance outside normal operating hours unless arranged in advance.

Additional charges may apply where a late arrival requires special attendance and the possibility of that charge was disclosed in advance.


6.14 Early Departure or Curtailment

Where the Booking Party chooses to leave before the confirmed departure date, unused nights and services will not normally be refunded.

This does not affect any entitlement arising from:

  • a material failure by Villa Cascata to provide the contracted Accommodation;
  • an express written agreement;
  • the applicable Booking Platform policy; or
  • mandatory law.

Guests should submit any appropriate claim to their travel insurer.


6.15 Changes to the Property or Facilities

Villa Cascata is maintained and improved on an ongoing basis.

Furniture, decorative items, appliances or equipment may occasionally be repaired, replaced or repositioned.

Minor changes that do not materially reduce the overall standard or essential facilities of the Accommodation will not normally entitle the Guest to cancel or claim compensation.

Where Villa Cascata becomes aware before arrival of a material change affecting an essential advertised facility, the Lead Guest will be informed as soon as reasonably practicable.


6.16 Building and Maintenance Activity

Villa Cascata cannot control all maintenance, construction or repair activity carried out by neighbouring property owners, the Condominium, utility providers or public authorities.

Where Villa Cascata receives advance notice of activity likely to cause material disruption during a confirmed stay, reasonable efforts will be made to inform the Lead Guest.

This clause does not exclude any right arising where Villa Cascata has materially misrepresented the Accommodation or failed to disclose a known material issue when required by law.


6.17 Written Communications

All requests concerning cancellation, amendment, transfer, special arrangements or material changes should be made in writing.

Written communication helps ensure that both parties have an accurate record of:

  • the request;
  • any additional charge;
  • the agreed conditions; and
  • the final decision.

Villa Cascata will endeavour to respond promptly and assist wherever reasonably practicable.


CHAPTER 7

Arrival, Check-in and Departure

7.1 Preparing for Arrival

Villa Cascata aims to make every arrival as straightforward and welcoming as reasonably possible.

Before travelling, the Lead Guest should carefully review all arrival information and ensure that every member of the Booking Party understands:

  • the check-in arrangements;
  • the property address;
  • how to access Cascata Village;
  • parking arrangements;
  • access-code confidentiality;
  • emergency contact details;
  • the House Rules; and
  • any registration information that must be supplied.

The Lead Guest is responsible for ensuring that Villa Cascata has an accurate mobile telephone number and email address for the stay.


7.2 Standard Check-in Time

Unless otherwise confirmed in writing:

Check-in is from 4:00 pm (16:00) on the arrival date.

The period before check-in is required to complete:

  • professional housekeeping;
  • linen preparation;
  • property inspections;
  • safety checks;
  • essential maintenance; and
  • final quality-control checks.

Guests must not enter the Accommodation before the confirmed check-in time unless early access has been expressly authorised.


7.3 Early Check-in

Early check-in may occasionally be available where:

  • there is no same-day departing booking;
  • housekeeping and inspections have been completed;
  • the Accommodation is ready; and
  • the Property Manager has confirmed the arrangement in writing.

Early check-in cannot be guaranteed.

Arriving in the Albufeira area before check-in does not create an entitlement to enter the property early.

Where available, an early check-in charge may apply if disclosed and accepted in advance.


7.4 Arrival Information

Arrival information will normally be sent to the Lead Guest shortly before the stay, once all required booking conditions have been satisfied.

It may include:

  • the full property address;
  • GPS coordinates;
  • directions to Cascata Village;
  • key or lockbox instructions;
  • access codes;
  • garage and parking information;
  • Wi-Fi details;
  • emergency contact information;
  • the Guest Handbook;
  • Conditions of Stay;
  • pool and Condominium rules; and
  • departure instructions.

The precise timing of delivery may vary according to operational or security requirements.


7.5 Confidentiality of Access Information

Keys, codes and access instructions are provided solely for the use of registered Guests.

The Lead Guest must ensure that access information is not:

  • published online;
  • shared through social media;
  • disclosed to unauthorised visitors;
  • left visible in a vehicle or public place; or
  • retained or used after departure.

Any suspected disclosure or compromise of an access code must be reported immediately.


7.6 Guest Identification and Statutory Registration

The Lead Guest must provide any Guest-identification information reasonably requested for:

  • legal guest-registration obligations;
  • security and access control;
  • identity verification;
  • compliance with Booking Platform requirements; or
  • confirmation of eligibility to occupy the Accommodation.

Where required under Portuguese law, information relating to foreign Guests will be processed and communicated through the legally prescribed accommodation-registration system.

Information requested may include:

  • full name;
  • date of birth;
  • nationality;
  • country of residence;
  • passport or national identity document details;
  • date and place of document issue;
  • arrival and departure dates; and
  • any other information required by the applicable reporting system.

Only information reasonably required for a lawful purpose will be requested.

Failure to provide legally required information may prevent check-in or continued occupation.

Personal information will be handled in accordance with the Villa Cascata Privacy Notice and applicable data-protection law.


7.7 Property Condition on Arrival

Guests should inspect Villa Cascata after check-in and report any significant:

  • damage;
  • defect;
  • missing item;
  • cleanliness concern;
  • safety issue; or
  • malfunctioning appliance.

Reports should be made as soon as reasonably possible and preferably within 24 hours.

Guests should not attempt significant repairs or interfere with electrical, plumbing, security or air-conditioning systems.


7.8 Keys and Access Devices

The Booking Party may be supplied with:

  • property keys;
  • a garage access fob;
  • gate or equipment remote controls;
  • lockbox instructions;
  • alarm instructions; and
  • other access devices.

All such items remain the property of Villa Cascata or the Condominium.

Guests must:

  • use them carefully;
  • keep them secure;
  • report loss or damage immediately;
  • return them in accordance with the departure instructions;
  • refrain from duplicating keys; and
  • refrain from sharing access codes with an unauthorised person.

Reasonable replacement, attendance or security costs may be charged in accordance with Chapter 5.


7.9 Security of the Property

Guests must take reasonable precautions to protect the property and their belongings.

When leaving Villa Cascata, Guests should:

  • lock external doors;
  • close accessible windows;
  • secure balcony and terrace doors;
  • avoid leaving valuables visible;
  • switch off unnecessary electrical appliances;
  • activate any alarm where instructed; and
  • ensure the garage entrance has closed securely.

Guests must not interfere with alarms, locks, smoke detectors or other security equipment.

Villa Cascata is not responsible for a loss caused by a Guest’s failure to take reasonable security precautions, except where liability cannot lawfully be excluded.


7.10 Parking

The booking includes the use of the allocated underground parking space identified as:

Parking Bay C

Guests must:

  • park only within Bay C;
  • ensure the vehicle remains within the marked boundaries;
  • drive slowly and carefully;
  • follow all garage signage;
  • keep entrances, exits and access routes clear;
  • avoid obstructing neighbouring bays; and
  • avoid unnecessary engine noise, horns or music.

No entitlement is given to use another owner’s parking space.

Vehicles and their contents are parked at the owner’s risk, subject to any liability that cannot lawfully be excluded.


7.11 Electric Vehicles

Electric vehicles must not be charged from the property, garage or communal electrical supply unless a designated charging facility has been expressly approved for Guest use.

Guests must not run extension leads through the Accommodation, garage or Communal Areas.


7.12 Standard Check-out Time

Unless otherwise confirmed in writing:

Check-out must be completed by 10:00 am on the departure date.

The Booking Party and all personal belongings must have left the Accommodation by this time.

The period following check-out is required for housekeeping, inspections, maintenance and preparation for incoming Guests.


7.13 Late Check-out

Late check-out is available only where expressly confirmed in writing.

Unauthorised late departure may result in a reasonable charge where it causes:

  • additional housekeeping costs;
  • delay to an incoming Guest;
  • rearrangement of staff or contractors;
  • additional Property Manager attendance; or
  • another genuine operational loss.

Any charge will reflect the reasonable cost or loss incurred and will not operate as a penalty.


7.14 Departure Responsibilities

Before leaving Villa Cascata, Guests must:

  • remove all personal belongings;
  • return the master key to the designated lockbox;
  • place secondary keys and the garage fob in the bowl near the entrance;
  • close and lock external doors and windows;
  • switch off lights;
  • switch off air-conditioning equipment;
  • check that remote controls have not been packed accidentally;
  • return Villa Cascata sunbeds to the lower terrace;
  • place furniture and equipment in their proper positions;
  • dispose of household rubbish as instructed;
  • empty the dishwasher where reasonably practicable;
  • wash or load used crockery and kitchen utensils;
  • empty perishable food from the refrigerator;
  • leave the Accommodation reasonably clean and tidy; and
  • report any accidental damage, breakage or maintenance concern.

Guests are not expected to undertake the professional departure clean included within the rental price.

The departure responsibilities are intended to prevent avoidable additional work and ensure that the Accommodation can be prepared for the next booking.


7.15 Rubbish on Departure

Guests must dispose of household waste in accordance with the instructions provided in the Property Guide.

Rubbish must not be left:

  • outside the villa;
  • on terraces or balconies;
  • in communal gardens;
  • beside the swimming pools;
  • within the underground garage; or
  • beside a refuse container that is already full.

Recyclable and non-recyclable waste should be separated where facilities and instructions are provided.


7.16 Departure Inspection

The Accommodation will normally be inspected following departure.

The inspection may consider:

  • general condition;
  • damage or breakages;
  • missing items;
  • key and access-device returns;
  • cleanliness beyond the standard departure clean;
  • evidence of smoking or unauthorised animals; and
  • compliance with material departure obligations.

Any proposed deduction or additional charge will be handled in accordance with Chapter 5.


7.17 Personal Property Left Behind

Guests should carefully check bedrooms, bathrooms, wardrobes, drawers, safes, electrical sockets and the garage before departure.

Villa Cascata will make reasonable efforts to locate and return identifiable property left behind, but cannot guarantee that an item will be found.

Where an item is located:

  • the Guest must arrange and pay for postage, packaging or courier collection;
  • payment may be required before dispatch;
  • the item will be returned at the Guest’s risk; and
  • Villa Cascata will take reasonable care while the item remains in its possession.

Perishable, unsafe, unhygienic or low-value items may be disposed of promptly.

Other unclaimed property may be donated, recycled or disposed of after a reasonable retention period.

Passports, identity documents and clearly valuable items will be handled with appropriate care and may be passed to the relevant authority where necessary.


CHAPTER 8

Occupancy, Visitors and Use of the Property

8.1 Permitted Occupancy

The maximum permitted occupancy is the number stated in the Booking Confirmation and must not be exceeded.

The occupancy calculation includes:

  • adults;
  • children;
  • infants; and
  • any person staying overnight, regardless of whether a separate bed is required.

The property must not be occupied by more persons than permitted by its lawful capacity, registration, insurance arrangements or the confirmed booking.


8.2 Registered Guests Only

Only persons included within the confirmed Booking Party may stay overnight at Villa Cascata.

The Lead Guest must obtain written approval before:

  • adding another Guest;
  • replacing a named Guest;
  • permitting an unregistered person to stay overnight; or
  • materially changing the composition of the Booking Party.

Approval may be refused where the proposed change would breach:

  • maximum occupancy;
  • age restrictions;
  • registration obligations;
  • insurance requirements;
  • the conditions of the selected booking rate; or
  • the Cascata Village Condominium Regulations.

8.3 Visitors

Villa Cascata is provided primarily for the exclusive use of registered Guests.

Day visitors are permitted only with prior written approval from the Property Manager.

The Property Manager may request:

  • the visitor’s name;
  • the proposed date and time of attendance;
  • the purpose of the visit; and
  • confirmation that the maximum safe occupancy will not be exceeded.

Approval may be subject to reasonable conditions.


8.4 Responsibility for Visitors

The Lead Guest remains responsible for every Authorised Visitor and must ensure that each visitor complies with:

  • these Terms & Conditions;
  • the House Rules;
  • safety instructions;
  • swimming-pool rules;
  • parking requirements; and
  • the Cascata Village Condominium Regulations.

A visitor must leave promptly when requested by the Property Manager, the Owner or an authorised representative of the Condominium where there is a reasonable basis for the request.


8.5 Use of Communal Facilities by Visitors

Authorised Visitors do not automatically acquire a right to use:

  • communal swimming pools;
  • communal gardens;
  • parking facilities;
  • garage spaces; or
  • other shared facilities.

Use is permitted only where allowed by the Cascata Village Condominium Regulations and expressly approved where required.


8.6 Prohibited Occupancy and Overcrowding

Overcrowding or unauthorised overnight occupation constitutes a serious breach of these Terms.

Where additional persons are discovered, Villa Cascata may take reasonable action, including:

  • requiring the unauthorised person to leave;
  • requesting any additional charge properly due;
  • reporting a statutory registration issue where required;
  • terminating the stay in the case of a serious or continuing breach; and
  • recovering a genuine loss caused by the breach.

Any action taken will be proportionate to the circumstances and subject to applicable law.


8.7 Private Residential Use

Villa Cascata may be used only as temporary private holiday accommodation by the registered Booking Party.

It must not be used as:

  • a permanent residence;
  • a registered business address;
  • an office open to clients or customers;
  • a storage or distribution facility;
  • accommodation for persons not disclosed within the booking; or
  • a base for unlawful or unauthorised activity.

8.8 Commercial Activity

The Accommodation must not be used for commercial or professional activity without prior written permission.

Prohibited use includes:

  • business events;
  • paid meetings;
  • product launches;
  • advertising activity;
  • commercial photography;
  • commercial filming;
  • professional recording;
  • ticketed events;
  • influencer or promotional events undertaken for commercial gain;
  • beauty, fitness, catering or treatment services offered to third parties; and
  • the sale of goods or services from the property.

Villa Cascata may impose reasonable conditions or charges where limited commercial activity is expressly approved.


8.9 Parties, Celebrations and Events

Villa Cascata is a private family holiday home within a residential community.

Parties, organised celebrations and events are prohibited unless expressly authorised in writing before the booking.

This includes:

  • stag parties;
  • hen parties;
  • drinking weekends;
  • birthday parties;
  • wedding-related events;
  • receptions;
  • corporate entertainment;
  • gatherings involving unregistered persons;
  • amplified music events; and
  • any activity likely to cause unreasonable noise or disturbance.

The description of a gathering is not decisive. An activity may be treated as an unauthorised event where its size, noise, organisation or effect on neighbours exceeds normal residential holiday use.


8.10 Subletting and Advertising

The Lead Guest must not:

  • assign or sell the booking;
  • sublet all or part of the Accommodation;
  • advertise Villa Cascata for occupation by another person;
  • exchange the Accommodation through a home-swapping arrangement;
  • permit paid admission;
  • issue duplicate access credentials; or
  • allow occupation by persons not included in the Booking Party.

8.11 Respect for Residents

Cascata Village is home to permanent and temporary residents.

Guests must behave considerately and must not interfere with another resident’s:

  • peace and quiet;
  • privacy;
  • safety;
  • access;
  • parking;
  • lawful use of Communal Areas; or
  • enjoyment of their property.

Guests must follow any reasonable instruction issued by the Property Manager concerning noise, safety, parking or the protection of residents.


8.12 Quiet Hours

Quiet Hours apply between:

10:00 pm and 7:00 am

During Quiet Hours, Guests must keep noise to a minimum both inside and outside Villa Cascata.

Guests must avoid:

  • loud conversations on balconies or terraces;
  • amplified music;
  • shouting or singing;
  • slamming doors;
  • moving furniture;
  • excessive television volume;
  • vehicle noise;
  • noise within the garage; and
  • disturbance within Communal Areas.

Quiet Hours do not create permission to make excessive noise at other times. Unreasonable disturbance is prohibited throughout the day and night.


8.13 Noise Complaints

Where a complaint is received, the Property Manager may contact the Lead Guest and require the disturbance to stop immediately.

A serious or repeated breach may result in:

  • attendance at the property;
  • a formal warning;
  • removal of an unauthorised visitor;
  • recovery of a genuine cost or Condominium charge;
  • notification to a Booking Platform;
  • contact with the appropriate authority where necessary; or
  • termination of the stay where proportionate and legally permitted.

8.14 Children and Supervision

Children remain the responsibility of their parent, guardian or supervising adult at all times.

Children must not be left unsupervised:

  • at or near a swimming pool;
  • on balconies or terraces;
  • in the underground garage;
  • in communal gardens or access roads;
  • near stairs or glass doors;
  • with cooking, heating or electrical equipment; or
  • in any location presenting a foreseeable risk.

Villa Cascata does not provide childcare or lifeguard supervision.


8.15 Pets and Animals

Pets and other animals are not permitted unless expressly approved in writing before arrival.

Approval for one animal or booking does not establish approval for another.

Where an animal is approved, the Lead Guest must comply with all conditions stated in writing, including conditions concerning:

  • supervision;
  • furniture and bedrooms;
  • waste disposal;
  • noise;
  • Communal Areas;
  • cleaning; and
  • damage.

Nothing in this clause is intended to override legal obligations concerning assistance animals.


8.16 Conduct and Illegal Activity

Guests must not use Villa Cascata or Cascata Village for:

  • illegal drug activity;
  • violence or threats;
  • harassment;
  • sexual exploitation;
  • human trafficking;
  • possession of an unlawful weapon;
  • fraud;
  • theft;
  • antisocial behaviour; or
  • any other criminal activity.

Where there are reasonable grounds to suspect serious criminal conduct or an immediate risk to safety, the matter may be reported to the appropriate authorities.


8.17 Right to Protect the Property and Community

Where a serious breach occurs, Villa Cascata may take proportionate steps to protect:

  • Guests;
  • residents;
  • the Accommodation;
  • Communal Areas;
  • contractors; and
  • the lawful operation of the property.

Depending on the circumstances, those steps may include requiring conduct to stop, removing an unauthorised visitor, restricting access to a facility or terminating occupation where permitted by law.


CHAPTER 9

Villa House Rules and Conditions of Stay

9.1 Status of the House Rules

These House Rules form part of the Terms & Conditions applicable to every booking.

By accepting the booking and occupying Villa Cascata, the Lead Guest agrees to ensure that every member of the Booking Party and every Authorised Visitor complies with these rules.

No separate signature is required.


9.2 General Standard of Care

Guests must treat Villa Cascata, its contents and Cascata Village with reasonable care and consideration.

The Accommodation must be used only for normal residential holiday purposes.

Guests must not deliberately, recklessly or negligently damage:

  • the property;
  • furniture or equipment;
  • Communal Areas;
  • neighbouring property; or
  • landscaping and gardens.

9.3 Smoking and Vaping

Smoking, vaping and the use of electronic cigarettes are prohibited inside Villa Cascata.

Guests who smoke outdoors must:

  • use an appropriate ashtray;
  • extinguish smoking materials completely;
  • keep away from open doors and windows;
  • consider neighbouring residents; and
  • dispose of cigarette ends safely.

Cigarette ends, ash or smoking materials must never be:

  • thrown from a balcony or terrace;
  • placed in a plant pot or garden;
  • discarded in a Communal Area;
  • left beside the swimming pool; or
  • placed in an indoor bin while still hot.

The use of illegal substances is strictly prohibited.


9.4 Noise and Music

Guests must keep noise at a reasonable residential level at all times.

The following are prohibited where they cause or are likely to cause disturbance:

  • loud music;
  • amplified outdoor speakers;
  • excessive television volume;
  • shouting;
  • singing or chanting;
  • musical instruments;
  • repeated door slamming;
  • noisy games; and
  • prolonged outdoor conversations during Quiet Hours.

Portable speakers must not be used in Communal Areas unless expressly permitted.


9.5 Balconies and Terraces

Guests must use balconies and terraces safely and respectfully.

Guests must not:

  • sit, stand or climb on balcony railings;
  • lean dangerously over a railing;
  • throw or drop any item;
  • hang towels, clothing or bedding over railings;
  • shake rugs, towels or bedding over an edge;
  • allow water to drain onto another property;
  • leave rubbish outside;
  • create excessive noise;
  • use a barbecue or naked flame; or
  • allow children to use a balcony without appropriate supervision.

9.6 Furniture and Equipment

Furniture and equipment must be used only for their intended purpose.

Guests must not:

  • remove furniture from the property;
  • move indoor furniture outdoors;
  • move mattresses between rooms;
  • dismantle or modify equipment;
  • relocate heavy furniture;
  • disconnect television, internet or security equipment;
  • attach decorations to walls or furniture; or
  • remove items belonging to Villa Cascata.

Small items may be moved for ordinary use but should be returned to their proper position before departure.


9.7 Sunbeds and Outdoor Furniture

Villa Cascata’s sunbeds and outdoor furniture must be treated carefully.

Guests must:

  • use only the 4 sunbeds(brown and cream specifically with a currved arm belonging to Villa Cascata;
  • Outdoor table and 8 chairs;
  • Furniture on the terrace upstairs including 2 blue been bag chairs;
  • keep Villa Cascata’s sunbeds off the communal grass;
  • avoid obstructing walkways and access routes;
  • refrain from leaving furniture within Communal Areas; and
  • return all Villa Cascata sunbeds to the lower terrace before departure.

Furniture belonging to other residents must not be used or moved.


9.8 Air Conditioning

Air-conditioning equipment must be used responsibly.

Guests must:

  • close external doors and windows while air conditioning is operating;
  • switch units off when leaving the Accommodation for a prolonged period;
  • avoid operating heating and cooling simultaneously;
  • avoid setting extreme temperatures;
  • follow the operating instructions provided; and
  • report any fault rather than attempting a repair.

Guests must not leave air-conditioning operating continuously while external doors or windows remain open.


9.9 Electricity and Water

Electricity and water are included for reasonable domestic holiday use.

Guests are asked to:

  • switch off unnecessary lights;
  • avoid leaving taps running;
  • report leaks promptly;
  • use washing and dishwashing appliances efficiently;
  • avoid unnecessary air-conditioning use; and
  • comply with any temporary water or energy restrictions imposed by a competent authority.

An additional charge will be considered only where consumption is demonstrably excessive, outside reasonable holiday use and recoverable under the booking terms and applicable law.


9.10 Kitchen Use

Guests must use kitchen appliances and equipment responsibly.

Guests should:

  • follow appliance instructions;
  • avoid leaving cooking unattended;
  • use appropriate cookware;
  • keep work surfaces reasonably clean;
  • dispose of food waste properly;
  • clean significant spills promptly;
  • avoid placing unsuitable items in the dishwasher;
  • avoid pouring fat, oil or food into sinks; and
  • report any malfunction.

Before departure, Guests should:

  • remove perishable food;
  • empty or run the dishwasher where practicable;
  • wash or load used crockery and utensils; and
  • leave cooking equipment in a reasonable condition.

9.11 Toilets, Sinks and Drains

Guests must not place unsuitable items into toilets, sinks or drains.

Prohibited items include:

  • wipes, including products labelled flushable;
  • nappies;
  • sanitary products;
  • cotton buds;
  • paper towels;
  • cooking fat or oil;
  • food waste;
  • chemicals; and
  • any object likely to cause a blockage.

The Lead Guest may be responsible for reasonable clearance or repair costs where a blockage results from misuse.


9.12 Waste and Recycling

Household waste must be disposed of in accordance with the Property Guide and local arrangements.

Guests must not leave rubbish:

  • outside Villa Cascata;
  • on balconies or terraces;
  • in communal gardens;
  • beside the swimming pool;
  • in the underground garage; or
  • outside a full or unavailable refuse container.

Waste should be separated into recycling and non-recycling categories where facilities are available.

Before departure, internal waste bins should be emptied and rubbish taken to the designated disposal point stated in the departure instructions.


9.13 Food and Pests

Guests should store food appropriately and clean significant food spillages promptly.

Food must not be left exposed on balconies, terraces or in Communal Areas.

Guests must not feed:

  • birds;
  • stray animals;
  • wildlife; or
  • another resident’s pet.

Any evidence of pests should be reported promptly to the Property Manager.


9.14 Barbecues, Flames and Fire Hazards

Portable barbecues, charcoal burners, open fires, fire pits, fireworks and Chinese lanterns are prohibited unless expressly authorised in writing.

Candles and other naked flames should not be used.

Guests must not:

  • interfere with smoke or fire-detection equipment;
  • cover or remove a detector;
  • obstruct an exit;
  • misuse a fire extinguisher; or
  • store flammable material within the Accommodation or garage.

In the event of a fire or suspected fire:

  1. Leave the immediate area if it is unsafe.
  2. Call the Portuguese emergency services on 112.
  3. Warn other occupants where safe to do so.
  4. Notify the Property Manager as soon as it is safe.

9.15 Safety Equipment

Guests must not interfere with:

  • smoke detectors;
  • fire extinguishers;
  • alarms;
  • locks;
  • security devices;
  • electrical distribution equipment;
  • utility controls; or
  • emergency signage.

Any fault, damage or activation should be reported promptly.


9.16 Decorations and Celebratory Items

Guests must not attach decorations to walls, ceilings, doors, furniture or external surfaces without written permission.

The following are prohibited unless expressly authorised:

  • confetti;
  • glitter;
  • adhesive hooks;
  • tape likely to damage finishes;
  • banners attached to balconies;
  • smoke devices;
  • party poppers; and
  • helium balloons released outdoors.

Reasonable cleaning or repair costs resulting from unauthorised decorations may be recovered.


9.17 Laundry and Drying

Towels, clothing and bedding must not be hung over balcony railings, windows or external walls.

Guests should use the drying facilities provided.

Wet items must not be placed on indoor furniture, beds or upholstered surfaces where they may cause staining or damage.


9.18 Pool Towels and Linen

Bathroom towels (white with brown border) must not be taken to the swimming pool or beach.

Where separate pool or beach towels are provided, Guests should use them for that purpose. (Striped, blue, green and greay all embroidered with Villa Cascata name)

Towels and linen must not be used:

  • for cleaning floors;
  • to remove cosmetics or hair dye;
  • for pets;
  • to protect vehicles;
  • to clean shoes; or
  • for any purpose likely to cause permanent staining or damage.

9.19 Prohibited Substances and Hazardous Items

Guests must not bring into Villa Cascata:

  • illegal drugs;
  • unlawful weapons;
  • fireworks;
  • explosive materials;
  • hazardous chemicals;
  • fuel containers;
  • gas cylinders; or
  • any item presenting an unreasonable fire, health or safety risk.

9.20 Reporting Damage, Defects and Accidents

Accidents can happen, and Guests are encouraged to report damage promptly and honestly.

Guests must notify the Property Manager as soon as reasonably possible of:

  • accidental damage;
  • a breakage;
  • a water leak;
  • an electrical fault;
  • loss of a key;
  • damage to a Communal Area;
  • a safety concern;
  • an accident or injury occurring at the property; or
  • any event likely to cause further loss if left unattended.

Prompt reporting may allow the issue to be contained and repaired at a lower cost.

Guests must take reasonable steps to prevent further damage where safe to do so but must not undertake specialist repairs themselves.


9.21 Access for Urgent Repairs

Where an urgent repair, safety inspection or emergency intervention is reasonably necessary, the Property Manager or an authorised contractor may require access to the Accommodation.

Except in an emergency, reasonable efforts will be made to:

  • contact the Lead Guest;
  • explain why access is required; and
  • arrange a suitable time.

Guests must not unreasonably withhold access where it is required to prevent damage, restore an essential service or address a safety concern.


9.22 Serious or Repeated Breaches

A serious or repeated breach of the House Rules may result in proportionate action, including:

  • a request to stop the offending conduct;
  • a written or verbal warning;
  • removal of an unauthorised visitor;
  • recovery of a genuine loss or additional cost;
  • notification to the relevant Booking Platform;
  • involvement of the Condominium or an appropriate authority; or
  • termination of the stay where legally permitted.

Termination will normally be considered only where the breach is serious, continuing, dangerous, unlawful or materially affects the rights of neighbours, the Owner or other residents.

Any termination or charge will remain subject to applicable Portuguese law and mandatory consumer rights.

CHAPTER 10

Compliance with the Cascata Village Condominium Regulations

10.1 Cascata Village

Villa Cascata forms part of Cascata Village, a private residential condominium in Branqueira, Albufeira, Portugal.

Cascata Village is not operated as a hotel or holiday resort. It is a residential community in which many property owners and residents live permanently or for extended periods throughout the year.

Guests must therefore respect:

  • the residential character of Cascata Village;
  • the rights and privacy of neighbouring owners and residents;
  • the security and appearance of the development;
  • the proper use of Communal Areas; and
  • the Cascata Village Condominium Regulations.

10.2 Status of the Condominium Regulations

The Cascata Village Condominium Regulations govern the use, management and enjoyment of the development and its Communal Areas.

The Regulations may apply to:

  • property owners;
  • tenants;
  • registered Guests;
  • Authorised Visitors;
  • contractors; and
  • any other person entering or using the development.

Compliance with the applicable Condominium Regulations forms a condition of every booking at Villa Cascata.

The Lead Guest must ensure that every member of the Booking Party and every Authorised Visitor complies with those Regulations throughout the stay.


10.3 Access to the Regulations

The applicable Condominium Regulations, or a summary of the provisions relevant to Guests, may be:

  • provided before arrival;
  • included within this Guest Handbook;
  • displayed within Villa Cascata;
  • made available electronically;
  • stated on notices within Communal Areas; or
  • communicated by the Property Manager or Condominium Administration.

Guests must comply with all lawful and reasonable rules, notices and safety instructions applicable to their use of Cascata Village.

Where a displayed safety notice or current Condominium instruction differs from information previously supplied, Guests should comply with the current notice and contact the Property Manager if clarification is required.


10.4 Guest Responsibilities

By occupying Villa Cascata, Guests agree to:

  • comply with these Terms & Conditions;
  • comply with the Villa Cascata House Rules and Conditions of Stay;
  • comply with applicable Portuguese law;
  • comply with the Cascata Village Condominium Regulations;
  • follow safety notices displayed within Communal Areas;
  • follow reasonable instructions issued by the Property Manager or an authorised Condominium representative; and
  • avoid conduct that may expose the Owner to a complaint, charge, penalty or legal liability.

The Lead Guest accepts responsibility for communicating these obligations to the Booking Party.


10.5 Respect for the Community

Guests must conduct themselves in a way that respects:

  • neighbouring property owners;
  • permanent and long-term residents;
  • families and children;
  • other authorised users of Communal Areas;
  • employees and contractors; and
  • the peaceful residential nature of Cascata Village.

Guests must not engage in behaviour likely to cause:

  • unreasonable nuisance;
  • persistent annoyance;
  • alarm or distress;
  • intimidation;
  • damage;
  • obstruction;
  • a safety risk; or
  • material interference with another person’s lawful enjoyment of their property.

10.6 Noise and Quiet Hours

Quiet Hours apply between:

10:00 pm and 7:00 am

During Quiet Hours, Guests must keep noise to a minimum, including noise arising from:

  • conversations on balconies or terraces;
  • music or television;
  • shouting or singing;
  • children’s activities;
  • the movement of furniture;
  • doors and gates;
  • vehicles;
  • use of the underground garage; and
  • gatherings in Communal Areas.

Guests must not assume that excessive noise is acceptable outside Quiet Hours. Unreasonable disturbance is prohibited at all times.


10.7 Communal Swimming Pools and Gardens

The communal swimming pools and gardens are shared facilities provided for the enjoyment of authorised residents and Guests.

Use of these facilities is subject to:

  • the Cascata Village Condominium Regulations;
  • all notices displayed at the pool;
  • any temporary restrictions imposed for safety, maintenance or legal reasons; and
  • the reasonable instructions of the Property Manager or Condominium representative.

Unless otherwise stated on current Condominium notices, the swimming-pool hours are:

6:00 am to 10:00 pm

Guests must leave the pool area promptly at closing time.


10.8 Pool Safety

There may be no lifeguard on duty.

All Guests use the swimming pools at their own risk, subject to any liability that cannot lawfully be excluded.

Guests must:

  • shower before entering the pool;
  • supervise children continuously;
  • ensure non-swimmers remain within safe depth;
  • use appropriate swimwear;
  • ensure babies and toddlers wear approved swim nappies;
  • enter and leave the pool using the appropriate access points;
  • keep the poolside area reasonably tidy;
  • remove personal belongings when leaving;
  • respect other pool users;
  • keep emergency and access routes clear; and
  • comply with all displayed safety instructions.

Parents, guardians and supervising adults remain responsible for children in and around the pool at all times.


10.9 Prohibited Pool Activities

The following are prohibited within the swimming-pool area:

  • glass bottles, drinking glasses or crockery;
  • running;
  • diving where prohibited;
  • pushing or dangerous play;
  • excessive splashing likely to disturb others;
  • football games around the pool;
  • Large inflatables or equipment prohibited by the Condominium;
  • loud music or portable speakers;
  • smoking or vaping;
  • littering;
  • chewing gum in the water;
  • consuming food while in the pool;
  • drunken or disorderly behaviour;
  • entering the pool while significantly impaired by alcohol or drugs;
  • interfering with lifebuoys or other safety equipment;
  • animals entering the pool or communal garden areas, except where required by applicable law; and
  • any conduct creating an unreasonable risk to another person.

Guests must immediately follow any reasonable safety instruction issued by an authorised representative.


10.10 Sunbeds and Poolside Furniture

Guests may use only the sunbeds and outdoor furniture belonging to Villa Cascata or otherwise designated for their authorised use.

Villa Cascata sunbeds:

  • may be used only in the permitted terrace areas;
  • must not be placed or left on the communal grass;
  • must not obstruct paths or access routes;
  • must not be reserved for prolonged periods while unused;
  • must be used considerately; and
  • must be returned to the lower terrace before departure.

Furniture belonging to another owner or resident must not be used, moved or removed.

Personal belongings left unattended do not guarantee continued use of a poolside area.


10.11 Balconies, Terraces and External Appearance

To preserve the appearance, safety and residential character of Cascata Village, Guests must not:

  • hang towels, clothing or washing over balcony railings;
  • hang clothing outside the front or rear entrances;
  • throw cigarette ends or other objects from balconies or terraces;
  • shake rugs, towels or bedding over a balcony;
  • allow water to drain onto neighbouring property;
  • leave rubbish outside Villa Cascata;
  • display signs, banners or decorations externally;
  • store inappropriate items in visible external areas;
  • interfere with external walls, lighting or landscaping; or
  • use a balcony or terrace in a way likely to disturb neighbours.

Balconies and terraces must remain reasonably tidy throughout the stay.


10.12 Communal Gardens and Landscaping

Guests must not:

  • damage plants, trees or landscaped areas;
  • remove flowers or plants;
  • allow children to climb trees or enter restricted planting areas;
  • place sunbeds or furniture on the communal grass where prohibited;
  • leave toys, rubbish or personal items unattended;
  • use the gardens for ball games where prohibited;
  • feed wildlife or stray animals; or
  • interfere with irrigation or maintenance equipment.

Any damage to landscaping attributable to the Booking Party may be charged in accordance with Chapter 5.


10.13 Waste Management

Guests must dispose of household waste responsibly and in accordance with the Property Guide and local arrangements.

Waste must be placed only within the designated refuse or recycling facilities.

Waste must not be left:

  • outside Villa Cascata;
  • on balconies or terraces;
  • in communal gardens;
  • beside refuse containers;
  • in the underground garage;
  • around the swimming pools; or
  • in any location causing odour, obstruction or a hygiene concern.

Where a designated container is full or unavailable, Guests should use an alternative authorised disposal point or contact the Property Manager for guidance.


10.14 Parking and Garage Use

Villa Cascata includes one allocated underground parking space:

Parking Bay C

Guests must:

  • park only within Bay C;
  • keep the vehicle within the marked boundaries;
  • avoid obstructing neighbouring spaces;
  • drive slowly and carefully;
  • follow directional and safety signage;
  • give priority to pedestrians;
  • avoid unnecessary engine noise;
  • keep entrances and access routes clear; and
  • ensure the garage entrance closes securely after entry or exit.

The use of another resident’s parking space is prohibited unless expressly authorised.


10.15 Prohibited Garage Activities

The following activities are prohibited within the communal garage unless expressly authorised:

  • vehicle washing;
  • mechanical repairs;
  • servicing;
  • refuelling;
  • storage of fuel or hazardous material;
  • charging an electric vehicle from an unauthorised socket;
  • running extension cables through Communal Areas;
  • prolonged engine idling;
  • obstruction of fire equipment or access routes; and
  • storage of luggage, rubbish or personal property outside Bay C.

10.16 Communal Security

Guests must not:

  • allow an unknown person to follow them into a secure area;
  • leave gates or doors propped open;
  • disclose access codes or fob details;
  • interfere with security equipment;
  • admit an unauthorised visitor;
  • duplicate access devices; or
  • compromise the security of Cascata Village.

Any lost access device or suspected security breach must be reported immediately.


10.17 Damage to Communal Property

The Lead Guest is responsible for damage caused by the Booking Party or an Authorised Visitor to communal property, including:

  • swimming pools;
  • pool equipment;
  • gardens and landscaping;
  • communal lighting;
  • garage facilities;
  • parking areas;
  • gates and access systems;
  • pathways;
  • stairs or lifts, where applicable;
  • communal furniture;
  • signs;
  • security equipment; and
  • fire or safety equipment.

Reasonable repair, replacement, cleaning and management costs may be recovered in accordance with Chapter 5.


10.18 Condominium Complaints, Charges and Penalties

Where the Owner receives a complaint, charge, penalty or demand arising from the conduct of a Guest or Authorised Visitor, Villa Cascata will consider:

  • the nature and seriousness of the allegation;
  • available photographs, recordings or reports;
  • correspondence from the Condominium;
  • the response of the Lead Guest;
  • whether any previous warning was given; and
  • whether the cost or penalty is properly attributable to the booking.

The Lead Guest may be required to reimburse the Owner for reasonable and properly evidenced costs arising from:

  • damage;
  • additional cleaning;
  • emergency or management call-outs;
  • security attendance;
  • misuse of Communal Areas;
  • breaches of the Condominium Regulations; or
  • a lawful financial penalty imposed on the Owner because of Guest conduct.

10.19 Enforcement

Where a breach of the Condominium Regulations occurs, Villa Cascata may take reasonable and proportionate action, including:

  • advising the Lead Guest of the concern;
  • requiring the behaviour to stop;
  • issuing a formal warning;
  • requiring an unauthorised visitor to leave;
  • restricting access to a Communal Area where permitted;
  • recovering a genuine loss or charge;
  • notifying the Booking Platform;
  • notifying the Condominium Administration;
  • contacting an appropriate authority; or
  • terminating the stay where the breach is serious, dangerous, unlawful or repeated.

Termination will be subject to applicable law and the provisions of Chapter 11.


CHAPTER 11

Guest Conduct, Behaviour and Enforcement

11.1 Expected Standard of Behaviour

Villa Cascata welcomes families, couples and responsible travellers seeking a peaceful holiday environment.

Every Guest and Authorised Visitor is expected to behave:

  • courteously;
  • responsibly;
  • safely;
  • lawfully; and
  • respectfully.

Guests must consider the effect of their conduct on neighbours, staff, contractors and other authorised users of Cascata Village.


11.2 Respect for Others

Guests must treat the following persons with dignity and courtesy:

  • neighbours;
  • other Guests;
  • property-management staff;
  • cleaners;
  • maintenance personnel;
  • gardeners;
  • contractors;
  • security personnel;
  • Condominium representatives;
  • emergency-service personnel; and
  • public-authority officials.

Aggressive, abusive, threatening, discriminatory or intimidating conduct will not be tolerated.


11.3 Unacceptable and Antisocial Behaviour

Unacceptable conduct includes:

  • persistent or excessive noise;
  • intimidation;
  • abusive or threatening language;
  • drunken disorder;
  • harassment;
  • bullying;
  • vandalism;
  • dangerous behaviour;
  • offensive conduct;
  • deliberate obstruction;
  • repeated disregard of reasonable instructions;
  • disturbance of neighbouring residents;
  • misuse of Communal Areas; and
  • any behaviour likely to cause fear, alarm or distress.

A single serious incident may be sufficient to justify immediate action.


11.4 Alcohol

Guests who consume alcohol must do so responsibly.

Alcohol must not be consumed in a manner that results in:

  • dangerous behaviour;
  • excessive noise;
  • aggression;
  • damage;
  • disorderly conduct;
  • unsafe use of the swimming pools;
  • disturbance of residents; or
  • an inability to supervise children properly.

The availability or lawful consumption of alcohol does not excuse a breach of these Terms.


11.5 Illegal Drugs

The possession, use, production, sale or distribution of illegal drugs is prohibited.

Villa Cascata must not be used for any activity connected with illegal substances.

Where there are reasonable grounds to suspect serious unlawful drug activity or an immediate safety risk, Villa Cascata may:

  • contact the appropriate authorities;
  • require the conduct to stop;
  • require an unauthorised person to leave;
  • restrict access where lawfully permitted; or
  • terminate the stay where proportionate and permitted by law.

11.6 Violence, Threats and Abuse

The following conduct is prohibited:

  • assault;
  • physical violence;
  • threats of violence;
  • criminal damage;
  • domestic abuse;
  • coercive or controlling behaviour;
  • racial or discriminatory abuse;
  • sexual harassment;
  • stalking;
  • exploitation;
  • possession or use of an unlawful weapon; and
  • conduct creating an immediate danger to another person.

Where necessary to protect life or safety, Villa Cascata may contact the Portuguese emergency services or police without first notifying the Lead Guest.


11.7 Discrimination and Harassment

Guests must not engage in discriminatory, abusive or harassing conduct based on another person’s:

  • race;
  • nationality;
  • ethnic origin;
  • religion or belief;
  • sex;
  • sexual orientation;
  • gender identity;
  • disability;
  • age; or
  • other protected status.

This applies to conduct directed toward residents, staff, contractors, Guests and members of the public.


11.8 Criminal and Unlawful Activity

Villa Cascata must not be used for any unlawful purpose.

Prohibited activity includes:

  • theft;
  • fraud;
  • money laundering;
  • drug offences;
  • prostitution or sexual exploitation;
  • trafficking or exploitation of vulnerable persons;
  • unauthorised gambling;
  • possession of unlawful weapons;
  • criminal damage;
  • handling stolen property;
  • unlawful commercial activity; and
  • use of the Accommodation to facilitate any offence.

Villa Cascata may cooperate with a lawful request from the Portuguese authorities.


11.9 Health and Safety Risks

Guests must not create an unacceptable risk to:

  • themselves;
  • another Guest;
  • neighbouring residents;
  • staff or contractors;
  • the Accommodation; or
  • Communal Areas.

Examples include:

  • tampering with fire or security equipment;
  • unsafe balcony use;
  • dangerous pool behaviour;
  • lighting unauthorised fires;
  • blocking emergency routes;
  • leaving young children unsupervised;
  • interfering with electrical equipment; and
  • refusing necessary emergency access.

11.10 Initial Response to a Breach

Where a breach is minor and can reasonably be corrected, Villa Cascata will normally:

  1. contact the Lead Guest;
  2. explain the concern;
  3. request that the conduct stops or the problem is corrected; and
  4. allow a reasonable opportunity for compliance.

No warning is required where the conduct is:

  • dangerous;
  • criminal;
  • violent;
  • seriously disruptive;
  • causing substantial damage;
  • presenting an immediate safety risk; or
  • incapable of reasonable correction.

11.11 Formal Warning

Where appropriate, Villa Cascata may issue a verbal or written warning or both.

The warning may identify:

  • the conduct complained of;
  • the rule or obligation breached;
  • the action required;
  • the time allowed for compliance;
  • the potential consequences of repetition; and
  • any immediate safety requirement.

A warning may be communicated by telephone, text message, email, Booking Platform messaging or direct attendance.


11.12 Serious or Repeated Breaches

A breach may be treated as serious where it involves:

  • violence or threats;
  • criminal activity;
  • deliberate or substantial damage;
  • a significant health or safety risk;
  • an unauthorised party or event;
  • serious disturbance to residents;
  • unauthorised overcrowding;
  • refusal to remove an unauthorised visitor;
  • interference with safety or security systems;
  • repeated refusal to follow reasonable instructions; or
  • conduct exposing the Owner or Condominium to material legal or financial risk.

Repeated minor breaches may collectively be treated as serious where warnings have been ignored.


11.13 Termination of the Stay

Villa Cascata may terminate the stay where:

  • a serious breach has occurred;
  • repeated breaches continue after warning;
  • occupation has become unlawful;
  • the safety of persons or property is at risk;
  • the Booking Party refuses a reasonable instruction necessary to address the breach; or
  • continued occupation would materially interfere with the rights of neighbours or other residents.

Any decision to terminate will be made reasonably and proportionately, taking account of:

  • the seriousness of the conduct;
  • whether a warning was practicable;
  • the risk to other persons;
  • any damage caused;
  • the response of the Lead Guest; and
  • applicable Portuguese law.

11.14 Consequences of Termination for Guest Misconduct

Where a stay is lawfully terminated because of Guest misconduct:

  • the Booking Party may be required to leave promptly;
  • keys and access devices must be returned;
  • unauthorised persons must leave;
  • access credentials may be deactivated where necessary;
  • no refund will normally be due for unused accommodation where permitted by the applicable booking terms and law;
  • reasonable damage, cleaning or attendance costs may be recovered; and
  • the incident may be reported to the relevant Booking Platform or authority.

Nothing in this clause removes any mandatory consumer right.


11.15 Emergency and Police Assistance

Where reasonably necessary, Villa Cascata may contact:

  • the Portuguese emergency services by calling 112;
  • the Polícia de Segurança Pública;
  • the Guarda Nacional Republicana;
  • emergency medical services;
  • the fire service;
  • the Condominium Administration;
  • security personnel; or
  • another competent authority.

Guests remain responsible for the legal consequences of their own conduct.


11.16 Recovery of Losses

The Lead Guest may be responsible for reasonable and evidenced losses arising from misconduct by the Booking Party or an Authorised Visitor, including:

  • property damage;
  • damage to Communal Areas;
  • additional cleaning;
  • emergency attendance;
  • locksmith costs;
  • replacement of equipment;
  • professional repairs;
  • security or management call-outs;
  • accommodation loss directly caused by damage;
  • Condominium charges or penalties; and
  • legal or debt-recovery costs where recoverable by law.

Any claim will be handled in accordance with Chapter 5.


11.17 No Automatic Fixed Penalty

Unless a specific charge has been lawfully disclosed and agreed, Villa Cascata will seek to recover reasonable costs and genuine losses rather than impose an arbitrary penalty.

Nothing prevents Villa Cascata from applying a charge administered by a Booking Platform or a lawful Condominium penalty properly attributable to Guest conduct.


11.18 Refusal of Future Bookings

Villa Cascata may refuse a future booking from a person whose previous conduct involved:

  • a serious breach;
  • repeated breaches;
  • unpaid damage or charges;
  • fraudulent conduct;
  • abusive behaviour;
  • unlawful activity; or
  • a material risk to the property or community.

The refusal of a future booking does not affect any statutory right applicable to an existing contract.


11.19 Cooperation and De-escalation

Guests are encouraged to cooperate with reasonable requests and help resolve concerns calmly and promptly.

Where possible, Villa Cascata will seek to resolve issues without unnecessary escalation while protecting:

  • the rights and safety of Guests;
  • neighbouring residents;
  • staff and contractors;
  • Villa Cascata; and
  • Cascata Village.

CHAPTER 12

Acceptance, Communications and Contractual Status

12.1 Contractual Status

These Terms & Conditions form part of the accommodation contract for every reservation at Villa Cascata.

They apply whether the reservation is made:

  • directly with the Owner;
  • through the Property Manager;
  • through Booking.com;
  • through Airbnb;
  • through Vrbo;
  • through Expedia;
  • through a travel agent; or
  • through another authorised Booking Platform.

No separate signed declaration is required for these Terms & Conditions to become binding.


12.2 Acceptance by Booking and Conduct

By making a reservation, paying any deposit or balance, accepting the Booking Confirmation, receiving keys or access information, entering the Accommodation or occupying Villa Cascata, the Lead Guest confirms that they:

  • have been given access to these Terms & Conditions;
  • have read and understood them;
  • accept them on behalf of themselves and the Booking Party;
  • have authority to enter into the booking contract;
  • will ensure that every Guest and Authorised Visitor complies with them; and
  • accept responsibility for breaches caused by the Booking Party or Authorised Visitors.

Acceptance may therefore be demonstrated by the Lead Guest’s actions and does not depend upon a handwritten signature.


12.3 Documents Forming the Agreement

The complete booking agreement may include:

  • these Terms & Conditions;
  • the Booking Confirmation;
  • the selected rate and cancellation policy;
  • the Villa Cascata House Rules and Conditions of Stay;
  • Arrival Information;
  • Departure Instructions;
  • the Privacy Notice;
  • applicable Cascata Village Condominium Regulations;
  • any written special conditions agreed before confirmation; and
  • applicable Booking Platform terms.

These documents should be read together.

Where a special condition has been expressly agreed in writing for a particular booking, it will take precedence over a general term to the extent of any direct inconsistency.

Mandatory law will always prevail.


12.4 Third-Party Booking Platforms

Where a reservation is made through a Booking Platform:

  • the platform’s terms may govern the booking and payment process;
  • these Villa Cascata Terms govern the occupation and use of the Accommodation;
  • the selected cancellation conditions remain applicable;
  • communications recorded through the platform may form part of the booking evidence; and
  • refunds or security-deposit claims may be administered through the platform’s procedures.

Nothing in these Terms gives Villa Cascata authority to override mandatory rights or platform procedures that lawfully apply to the reservation.


12.5 Responsibility of the Lead Guest

The Lead Guest is the principal contact for the booking.

The Lead Guest is responsible for:

  • providing accurate booking information;
  • making or arranging payments;
  • receiving booking communications;
  • supplying required registration information;
  • ensuring that the Booking Party has access to these Terms;
  • communicating relevant House Rules;
  • ensuring compliance throughout the stay; and
  • notifying Villa Cascata promptly of any material issue.

12.6 Agreement of the Booking Party

Every Guest who enters and occupies Villa Cascata is required to comply with:

  • these Terms & Conditions;
  • the House Rules;
  • applicable safety instructions;
  • the Cascata Village Condominium Regulations; and
  • Portuguese law.

The Lead Guest must not permit occupation by a person who refuses to comply with these obligations.


12.7 Electronic Communications

The parties agree that valid written communication may take place through:

  • email;
  • SMS or text message;
  • an authorised Booking Platform;
  • a secure online booking system;
  • electronic payment records;
  • electronic forms; or
  • another agreed digital method.

Electronic communications may be relied upon as evidence of:

  • the reservation;
  • acceptance;
  • payments;
  • amendments;
  • notices;
  • warnings;
  • cancellation; and
  • special arrangements.

12.8 Electronic Signatures

Where an electronic signature or acknowledgement is requested, it may be used as additional evidence of acceptance.

However, failure to obtain an electronic or handwritten signature does not prevent these Terms from applying where acceptance has otherwise occurred through booking, payment, access or occupation.


12.9 Availability of the Terms

The Terms applicable to a reservation may be supplied or made available:

  • during the booking process;
  • through a website link;
  • within the Booking Platform;
  • with the Booking Confirmation;
  • by email;
  • through the digital Guest Handbook; or
  • within the Accommodation.

Villa Cascata should retain a record of the version applicable to each booking where reasonably practicable.


12.10 Version Applicable to the Booking

The version of these Terms applicable to a booking will normally be the version made available when the booking was confirmed.

A later amendment will not retrospectively alter a confirmed booking unless:

  • the Lead Guest agrees;
  • the amendment is required by law;
  • the change is necessary for immediate health or safety reasons; or
  • the change does not materially disadvantage the Guest.

Current safety and Condominium instructions must nevertheless be followed during the stay.


12.11 Entire Agreement

The documents identified in Clause 12.3 constitute the entire agreement relating to the booking.

No verbal statement, informal conversation or representation will alter the agreement unless it is:

  • confirmed in writing;
  • made by an authorised person; and
  • accepted as part of the booking.

Nothing in this clause excludes liability for fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded.


12.12 No Reliance on Informal Statements

Guests should not rely upon an informal statement made by:

  • an unauthorised third party;
  • another resident;
  • a previous Guest;
  • an online reviewer;
  • a contractor;
  • a travel forum; or
  • an unofficial social-media account.

Only information issued or confirmed by Villa Cascata, the Property Manager or the authorised Booking Platform forms part of the booking agreement.


12.13 Contact During the Stay

Guests requiring assistance should contact the Property Manager using the details supplied before arrival.

Guests should report concerns as soon as reasonably possible so that Villa Cascata has an opportunity to investigate and, where appropriate, correct the issue during the stay.

For emergencies involving an immediate risk to life, health or property, Guests should first contact the Portuguese emergency services on 112 and then notify the Property Manager as soon as it is safe.


12.14 Notices

A notice relating to cancellation, amendment, complaint, breach or other material booking matter should be made in writing.

A notice may be sent through:

  • the email address stated in the Booking Confirmation;
  • the relevant Booking Platform; or
  • another written contact method expressly provided for the booking.

The Lead Guest must ensure that their contact information remains accurate.


12.15 Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified or removed only to the extent necessary.

The remaining provisions will continue to apply.


12.16 No Waiver

Failure or delay by either party in enforcing a contractual right does not automatically waive that right.

A waiver will apply only where it is clearly communicated and will not necessarily apply to a future breach.


12.17 Governing Law and Consumer Rights

The booking agreement is governed by the laws of Portugal.

Nothing in these Terms removes any mandatory consumer protection right applicable to the Guest.

Any jurisdiction clause must be interpreted subject to mandatory consumer law.


PART B

THE PROPERTY AND SERVICES

CHAPTER 13

The Property, Facilities and Standard of Accommodation

13.1 About Villa Cascata

Villa Cascata is a privately owned holiday townhouse situated within Cascata Village, Branqueira, Albufeira, Portugal.

The property has been furnished and equipped to provide Guests with comfortable, secure and high-quality holiday accommodation.

Ongoing investment is made in:

  • maintenance;
  • decoration;
  • furniture;
  • appliances;
  • safety equipment;
  • housekeeping standards; and
  • Guest facilities.

Villa Cascata remains a private holiday home rather than a hotel, serviced apartment or continuously staffed resort.


13.2 Property Description

The description of Villa Cascata is based on the information, photographs and facilities available when the relevant marketing material was prepared.

Reasonable efforts are made to ensure that:

  • photographs are representative;
  • descriptions are accurate;
  • material facilities are identified;
  • occupancy information is clear; and
  • known significant restrictions are disclosed.

Photographs may have been taken at a different time of year, and minor changes may occur because of maintenance, replacement or improvement.


13.3 Standard of Accommodation

Villa Cascata will use reasonable care to provide the Accommodation:

  • professionally prepared;
  • reasonably clean and hygienic;
  • supplied with the agreed linen and towels;
  • equipped with the advertised material facilities;
  • connected to ordinary domestic utilities;
  • maintained in a reasonably safe condition; and
  • ready for occupation at the agreed check-in time.

This commitment is subject to:

  • unexpected faults;
  • emergency maintenance;
  • utility-provider failures;
  • Force Majeure events;
  • lawful restrictions; and
  • circumstances beyond the reasonable control of the Owner.

13.4 Pre-arrival Preparation and Inspection

Before arrival, the property will normally undergo:

  • professional housekeeping;
  • linen preparation;
  • a visual condition inspection;
  • basic operational checks;
  • a check of key safety equipment;
  • preparation of Guest supplies; and
  • final presentation checks.

These checks are intended to identify reasonably apparent issues but do not guarantee that every appliance or item will remain fault-free throughout the stay.


13.5 Minor Defects and Normal Wear

Minor cosmetic issues that do not materially affect the safe or reasonable use of the Accommodation will not normally constitute a failure to provide the booking.

Examples may include:

  • small decorative marks;
  • minor scuffs;
  • ordinary signs of use;
  • slight colour variation;
  • ageing consistent with normal use; and
  • a non-essential item awaiting replacement.

Guests should nevertheless report defects so that they can be assessed and addressed where appropriate.


13.6 Property Inventory

Villa Cascata contains furniture, appliances, kitchen equipment, linen, towels, soft furnishings, decorative items and other Guest facilities.

Guests are not expected to undertake a formal inventory check.

However, any obvious:

  • missing item;
  • significant damage;
  • non-functioning essential appliance;
  • safety concern; or
  • material cleanliness issue

should be reported as soon as reasonably possible and preferably within 24 hours of arrival.


13.7 Guest Care of the Property

Guests must take reasonable care of the Accommodation and its contents.

Guests must not:

  • deliberately or negligently damage property;
  • remove items from the Accommodation;
  • move heavy furniture unnecessarily;
  • relocate indoor furniture outside;
  • move mattresses between rooms;
  • dismantle furniture;
  • modify appliances or equipment;
  • attach items to walls or furniture; or
  • use equipment for an unintended purpose.

Normal fair wear and tear is accepted.


13.8 Electrical Appliances

Villa Cascata is equipped with domestic electrical appliances for normal holiday use.

Guests must:

  • use appliances in accordance with supplied instructions;
  • ensure that children are appropriately supervised;
  • avoid overloading sockets;
  • keep electrical equipment away from water;
  • switch appliances off when not required;
  • report faults promptly; and
  • refrain from attempting repairs.

Guests must not interfere with fixed wiring, distribution boards, air-conditioning systems or safety equipment.


13.9 Kitchen Equipment

The kitchen is equipped for normal domestic cooking and dining.

Guests should:

  • use appropriate cookware and utensils;
  • avoid using metal utensils on non-stick surfaces;
  • avoid leaving cooking unattended;
  • use extractors where appropriate;
  • clean significant spillages;
  • avoid placing unsuitable items in the dishwasher;
  • report breakages; and
  • leave equipment in a reasonable condition.

Villa Cascata does not guarantee that the kitchen will contain every specialist utensil or appliance a Guest may prefer.


13.10 Consumable Items

A limited quantity of consumable household items may be supplied at the beginning of the stay as a courtesy.

These may include:

  • toilet tissue;
  • hand soap;
  • refuse sacks;
  • dishwasher tablets;
  • washing-up liquid;
  • basic cleaning materials; or
  • kitchen essentials.

Unless expressly stated in the Booking Confirmation, these items are starter supplies and will not necessarily be replenished throughout the stay.


13.11 Beds, Linen and Sleeping Arrangements

Beds and sleeping arrangements will be provided in accordance with the property description and Booking Confirmation.

Guests must not:

  • exceed the stated occupancy;
  • move mattresses between rooms;
  • sleep on furniture not intended for sleeping;
  • add unauthorised beds; or
  • alter the sleeping layout without permission.

Where a cot or baby equipment is requested, availability must be confirmed in advance.


13.12 Air Conditioning

Air conditioning is provided for reasonable domestic use.

The effectiveness of the system may be affected by:

  • external temperatures;
  • doors or windows being left open;
  • incorrect settings;
  • temporary technical faults;
  • local electricity interruptions; or
  • maintenance requirements.

Guests must follow the operating instructions and report any fault promptly.

Villa Cascata will use reasonable efforts to arrange repair of a material fault but cannot guarantee immediate contractor availability.


13.13 Communal Facilities

Access to communal swimming pools, gardens, parking and other shared facilities is subject to:

  • the Cascata Village Condominium Regulations;
  • opening hours;
  • maintenance requirements;
  • safety restrictions;
  • temporary closures;
  • capacity controls; and
  • lawful instructions issued by the Condominium.

Villa Cascata does not own or exclusively control Communal Areas and cannot guarantee that every facility will remain continuously available.

Where Villa Cascata is notified in advance of a material closure affecting a confirmed booking, reasonable efforts will be made to inform the Lead Guest.


13.14 Maintenance During the Stay

Routine or urgent maintenance may occasionally be required during a booking.

Where reasonably practicable:

  • advance notice will be provided;
  • access will be arranged at a reasonable time;
  • disruption will be kept to a minimum;
  • contractors will be appropriately authorised; and
  • the work will be completed as efficiently as possible.

Guests must provide reasonable access where necessary to:

  • prevent damage;
  • address a safety concern;
  • restore an essential service;
  • investigate a reported fault; or
  • comply with a legal obligation.

13.15 Emergency Access

In an emergency or where immediate action is reasonably required to protect persons or property, the Owner, Property Manager or authorised contractor may enter without prior agreement.

Examples include:

  • fire;
  • water escape;
  • suspected gas or electrical danger;
  • security breach;
  • alarm activation;
  • urgent structural concern; or
  • a serious welfare concern.

Reasonable efforts will be made to inform the Lead Guest as soon as practicable.


13.16 Improvements and Replacements

Villa Cascata may replace or upgrade:

  • furniture;
  • mattresses;
  • televisions;
  • appliances;
  • lighting;
  • décor;
  • garden furniture;
  • soft furnishings;
  • kitchen equipment; and
  • other Guest facilities.

Replacement items may differ in brand, design or appearance from earlier photographs.

Such changes will not normally entitle the Guest to cancel or claim compensation where:

  • the replacement is of a similar or higher standard;
  • the essential function remains available; and
  • the overall standard of the Accommodation is not materially reduced.

13.17 Unavailable or Faulty Facilities

Where a facility becomes unavailable or faulty, Guests should report the issue promptly.

Villa Cascata will consider:

  • whether the facility is essential or non-essential;
  • the impact on the stay;
  • the likely repair time;
  • the availability of a reasonable alternative;
  • the cause of the fault; and
  • whether the issue is within the Owner’s reasonable control.

Reasonable efforts will be made to repair or replace a material facility.

A minor or temporary failure will not automatically entitle the Guest to compensation, but nothing in this clause removes any remedy available under mandatory law.


13.18 Photographs and Decorative Variations

Decorative items, cushions, artwork, bedding, accessories and small appliances may change from time to time.

Marketing photographs are intended to represent the general standard and character of Villa Cascata and do not create a guarantee that every movable item will remain identical.


13.19 Neighbouring Properties and External Activity

Villa Cascata cannot control all activity occurring:

  • within neighbouring properties;
  • in Communal Areas;
  • on nearby roads;
  • at local businesses;
  • on surrounding land; or
  • by public authorities or utility providers.

Where Villa Cascata is aware before arrival of a material issue likely to cause substantial disruption, reasonable efforts will be made to inform the Lead Guest.


13.20 Accessibility and Individual Requirements

Guests with mobility, accessibility, medical or other specific requirements should review the property information carefully and raise material requirements before booking.

Villa Cascata will provide accurate information reasonably available to it but does not warrant that the Accommodation will be suitable for every individual need unless this has been expressly confirmed in writing.


CHAPTER 14

Services Included with the Stay

14.1 Included Services

Unless otherwise stated in the Booking Confirmation, the rental price normally includes:

  • exclusive occupation of Villa Cascata for the confirmed booking period;
  • preparation of the Accommodation before arrival;
  • bed linen;
  • bathroom towels;
  • pool or beach towels where expressly provided;
  • Wi-Fi internet access;
  • air conditioning;
  • reasonable domestic electricity consumption;
  • reasonable domestic water consumption;
  • use of authorised Communal Areas, subject to the Condominium Regulations;
  • use of Parking Bay C;
  • routine pre-arrival preparation; and
  • standard final departure cleaning.

Only services expressly stated in the Booking Confirmation are contractually included.


14.2 Exclusive Occupation

Exclusive occupation means that Villa Cascata is reserved for the registered Booking Party during the confirmed stay.

It does not prevent reasonable access by:

  • the Property Manager;
  • housekeeping staff;
  • maintenance contractors;
  • safety inspectors;
  • the Owner; or
  • an authorised representative

where access is required in accordance with these Terms.


14.3 Welcome Packs

A welcome pack may be available by prior arrangement and payment.

Possible contents may include:

  • bottled water;
  • tea and coffee;
  • milk;
  • bread;
  • butter;
  • breakfast items;
  • snacks;
  • local products; and
  • Guest information.

The precise contents:

  • must be agreed before arrival;
  • are subject to availability;
  • may differ because of substitutions;
  • may be affected by dietary or supplier limitations; and
  • are not included unless expressly stated in the Booking Confirmation.

Guests must provide accurate information concerning any known allergy or dietary requirement.

Villa Cascata cannot guarantee that externally sourced food will be free from traces of allergens.


14.4 Pre-arrival Housekeeping

Villa Cascata is professionally cleaned and prepared before each arrival.

The pre-arrival service normally includes:

  • cleaning of bedrooms and bathrooms;
  • cleaning of living and kitchen areas;
  • preparation of beds;
  • placement of towels;
  • removal of waste from the previous booking;
  • basic presentation checks; and
  • replenishment of stated starter supplies.

Guests should report a material cleanliness concern promptly after arrival so that Villa Cascata has an opportunity to investigate and, where appropriate, correct it.


14.5 Standard Departure Cleaning

The rental price includes a standard departure clean following reasonable holiday use.

This does not include:

  • excessive rubbish;
  • specialist stain removal;
  • smoke or vaping residue;
  • contamination;
  • bodily fluids;
  • unauthorised animal cleaning;
  • restoration following a party;
  • heavily soiled appliances;
  • unreasonable movement of furniture; or
  • cleaning required because of misuse or neglect.

Additional cleaning may be charged in accordance with Chapter 5.


14.6 Additional Housekeeping

Additional housekeeping may be available at extra cost, subject to availability.

Services may include:

  • mid-stay cleaning;
  • bathroom refresh;
  • kitchen cleaning;
  • replacement towels;
  • linen changes;
  • rubbish removal; and
  • general housekeeping.

Requests should be made as early as possible.

A requested service is not confirmed until its availability, price and timing have been agreed in writing.


14.7 Mid-stay Cleaning

For longer bookings, mid-stay cleaning may be recommended or, in some cases, required as a booking condition.

Where required, the frequency and cost will be disclosed before confirmation.

Guests must provide reasonable access at the agreed time.

Failure to permit an agreed or required service may affect the condition of the Accommodation and may result in additional cleaning costs where reasonably incurred.


14.8 Bed Linen

Fresh bed linen is provided at the start of the booking.

Unless otherwise stated:

  • one set is provided for each prepared bed;
  • additional changes are not included;
  • linen must not be removed from the Accommodation;
  • beds must not be reconfigured without permission; and
  • linen must not be used for cleaning or other inappropriate purposes.

Additional linen changes may be arranged at extra cost.


14.9 Bathroom Towels

Bathroom towels are provided for normal personal use within the Accommodation.

Bathroom towels must not be:

  • taken to the pool or beach;
  • used to clean footwear;
  • used to clean vehicles;
  • used as floor cloths;
  • used to remove hair dye or cosmetics likely to stain; or
  • removed from Villa Cascata.

Reasonable replacement costs may be charged for missing or permanently damaged towels.


14.10 Pool and Beach Towels

Where pool or beach towels are provided, they are supplied for use by registered Guests during the booking.

Guests must:

  • take reasonable care of them;
  • return them to Villa Cascata;
  • avoid leaving them in Communal Areas;
  • avoid hanging them over balcony railings; and
  • avoid using them for cleaning.

The Booking Confirmation or Property Guide will state whether pool or beach towels are included.


14.11 Wi-Fi Internet Access

Complimentary Wi-Fi is provided for Guest convenience.

Villa Cascata will use reasonable efforts to maintain the service but cannot guarantee:

  • uninterrupted availability;
  • a particular speed;
  • compatibility with every device;
  • suitability for business-critical activity;
  • coverage in every part of the property;
  • access to every online service; or
  • performance during local network disruption.

Internet availability may be affected by:

  • service-provider failures;
  • local demand;
  • weather;
  • equipment faults;
  • maintenance;
  • power interruption; or
  • circumstances beyond the Owner’s control.

14.12 Responsible Internet Use

Guests must use the internet lawfully and responsibly.

The following are prohibited:

  • illegal downloading;
  • copyright infringement;
  • accessing or distributing unlawful material;
  • cybercrime;
  • hacking;
  • malicious interference with networks;
  • fraudulent activity;
  • harassment; and
  • any use likely to expose Villa Cascata or the service provider to legal liability.

Guests must not alter router settings, disconnect equipment or disclose Wi-Fi credentials publicly.


14.13 Television and Entertainment Services

Television, streaming or entertainment services may be provided as a convenience.

Villa Cascata cannot guarantee:

  • the continued availability of a particular channel;
  • access to a particular programme;
  • continuous reception;
  • continued availability of a third-party application;
  • compatibility with a Guest’s personal account; or
  • uninterrupted service.

Availability may be affected by:

  • internet interruption;
  • satellite or broadcaster changes;
  • regional restrictions;
  • subscription changes;
  • maintenance;
  • weather; or
  • third-party service failure.

Guests must log out of personal streaming accounts before departure.


14.14 Electricity

The rental price includes reasonable domestic electricity use.

Reasonable use includes normal operation of:

  • lighting;
  • appliances;
  • air conditioning;
  • entertainment equipment; and
  • Guest charging devices.

Guests must not:

  • charge an electric vehicle without authorisation;
  • operate commercial equipment;
  • use high-load equipment not ordinarily associated with holiday accommodation;
  • interfere with electrical systems; or
  • waste electricity unreasonably.

Any charge for excessive use will be applied only where permitted by the booking agreement and applicable law.


14.15 Water

The rental price includes reasonable domestic water use.

Guests are asked to:

  • report leaks promptly;
  • avoid leaving taps running;
  • use showers, washing machines and dishwashers responsibly;
  • comply with local drought restrictions; and
  • avoid misuse of communal water facilities.

Temporary water-pressure changes or supply interruptions may occur because of public utility work, local demand or circumstances beyond the Owner’s control.


14.16 Air Conditioning

Air conditioning is included for reasonable holiday use.

Guests must:

  • close doors and windows while units are operating;
  • switch units off when leaving for prolonged periods;
  • avoid extreme settings;
  • follow operating instructions; and
  • report faults promptly.

Air conditioning is not intended to cool the property while doors and windows remain open.


14.17 Parking

Use of one allocated underground parking space, Bay C, is included.

Parking does not include:

  • use of another bay;
  • guaranteed accommodation for an oversized vehicle;
  • electric-vehicle charging;
  • vehicle storage after check-out;
  • vehicle washing or maintenance; or
  • responsibility for loss or damage to the vehicle or its contents, except where liability cannot lawfully be excluded.

14.18 Communal Swimming Pools

Registered Guests may use the communal swimming pools subject to:

  • pool opening hours;
  • safety notices;
  • the Cascata Village Condominium Regulations;
  • temporary closure;
  • maintenance;
  • capacity restrictions; and
  • any lawful instruction issued by the Condominium.

Use of the pools is not an exclusive facility of Villa Cascata.


14.19 Services Not Included

Unless expressly stated in the Booking Confirmation, the rental price does not include:

  • flights;
  • airport transfers;
  • car hire;
  • travel insurance;
  • meals;
  • groceries;
  • daily housekeeping;
  • daily linen changes;
  • childcare;
  • lifeguard services;
  • private chefs;
  • excursions;
  • personal laundry;
  • medical services;
  • business support;
  • postal or courier services; or
  • third-party entertainment subscriptions.

14.20 Optional Third-Party Services

Villa Cascata may provide information about independent third-party services, including:

  • airport transfers;
  • car hire;
  • chefs;
  • housekeeping;
  • childcare;
  • excursions;
  • grocery delivery;
  • restaurant bookings; and
  • activity providers.

Unless Villa Cascata expressly contracts to provide the service itself:

  • the contract is between the Guest and the third-party provider;
  • availability is not guaranteed;
  • the provider is responsible for its service;
  • the Guest must review the provider’s terms; and
  • payment may be made directly to the provider.

Nothing in this clause excludes liability that Villa Cascata cannot lawfully exclude.


14.21 Service Interruptions

Guests must report a material service interruption promptly.

Villa Cascata will use reasonable efforts to investigate and address an issue involving:

  • electricity;
  • water;
  • internet;
  • air conditioning;
  • appliances;
  • access equipment; or
  • another material facility.

The response will depend upon:

  • the nature of the problem;
  • contractor availability;
  • local service-provider response;
  • parts availability;
  • safety considerations; and
  • whether the issue is within the Owner’s control.

14.22 No Hotel or Twenty-Four-Hour Service

Villa Cascata is a privately owned holiday property and does not provide:

  • a hotel reception;
  • daily housekeeping as standard;
  • room service;
  • an on-site concierge;
  • continuous maintenance attendance;
  • a lifeguard; or
  • twenty-four-hour non-emergency staffing.

Emergency contact arrangements will be supplied before arrival.


14.23 Changes to Included Services

Villa Cascata may make reasonable changes to a non-essential included service where necessary because of:

  • supplier changes;
  • maintenance;
  • legal requirements;
  • safety considerations;
  • availability; or
  • circumstances beyond the Owner’s reasonable control.

Where a material included service is known to be unavailable before arrival, the Lead Guest will be informed as soon as reasonably practicable.

Nothing in this clause removes any statutory remedy arising from a material failure to provide the contracted accommodation.

CHAPTER 15

Optional and Third-Party Services

15.1 Availability of Optional Services

Villa Cascata may be able to assist Guests by providing information about, or helping to arrange, optional services intended to enhance the stay.

These services may include:

  • airport transfers;
  • private transport;
  • car hire;
  • grocery delivery;
  • welcome food packs;
  • additional housekeeping;
  • mid-stay cleaning;
  • linen and towel changes;
  • baby and child equipment;
  • restaurant reservations;
  • golf bookings;
  • excursions;
  • boat trips;
  • private chefs;
  • massage or wellness treatments; and
  • other leisure or hospitality services.

Optional services are not included within the accommodation price unless expressly stated in the Booking Confirmation.


15.2 Requests for Optional Services

Requests should be submitted as early as reasonably possible.

The Lead Guest should provide sufficient information to allow the request to be considered, including:

  • the service required;
  • preferred date and time;
  • number of persons;
  • collection or delivery details;
  • accessibility requirements;
  • dietary requirements;
  • child-seat or equipment requirements; and
  • any other material information relevant to the service.

A request does not constitute a confirmed booking.

No optional service is confirmed until availability, price, payment arrangements and any applicable conditions have been accepted in writing.


15.3 Availability

All optional services are subject to:

  • supplier availability;
  • advance notice;
  • seasonal demand;
  • operating hours;
  • weather conditions;
  • minimum booking requirements;
  • age or participation restrictions;
  • supplier terms; and
  • circumstances beyond the reasonable control of Villa Cascata.

Villa Cascata does not guarantee that a requested service will be available.

Guests should not make travel or activity arrangements in reliance upon an optional service until confirmation has been received.


15.4 Role of Villa Cascata

Unless expressly stated otherwise in writing, Villa Cascata acts only as an introducer or administrative contact between the Guest and an independent third-party provider.

The contract for the optional service will normally be between:

  • the Guest; and
  • the independent provider.

Villa Cascata does not control the provider’s day-to-day operation, staff, equipment, pricing or performance.


15.5 Directly Provided Services

Where the Booking Confirmation expressly states that an optional service is being supplied directly by Villa Cascata, that service will form part of the contract between Villa Cascata and the Lead Guest.

The scope, price and any specific conditions applicable to that service will be confirmed in writing.

This distinction should be made clear before payment is accepted.


15.6 Third-Party Provider Terms

A third-party provider may impose its own:

  • booking conditions;
  • payment terms;
  • cancellation policy;
  • age restrictions;
  • health requirements;
  • insurance requirements;
  • participation rules;
  • security deposits; and
  • liability provisions.

Guests are responsible for reviewing and accepting the provider’s conditions before confirming the service.

The provider’s terms do not vary the Villa Cascata accommodation contract unless expressly agreed in writing.


15.7 Payment for Optional Services

Unless otherwise agreed:

  • payment is made directly to the provider;
  • prices are determined by the provider;
  • deposits may be required;
  • currency-conversion or card charges may apply;
  • cancellation charges are governed by the provider’s terms; and
  • Villa Cascata is not responsible for collecting or refunding the provider’s charges.

Where Villa Cascata collects payment on behalf of a provider, the payment arrangement and refund procedure will be explained before confirmation.


15.8 Price Changes

Prices for optional services may change because of:

  • supplier pricing;
  • fuel charges;
  • seasonal demand;
  • exchange-rate movements;
  • taxes;
  • requested amendments; or
  • increased participant numbers.

A price will not be binding until it has been confirmed and accepted.


15.9 Amendments and Cancellations

Any request to amend or cancel an optional service should be made promptly.

The provider’s applicable amendment and cancellation terms will normally determine:

  • whether a change is permitted;
  • whether a refund is available;
  • whether a deposit is retained; and
  • whether an administration or cancellation charge applies.

Villa Cascata cannot promise a refund on behalf of an independent provider.


15.10 Provider Performance

Where Villa Cascata acts solely as an introducer, the independent provider is responsible for:

  • delivering the service;
  • supplying suitable staff and equipment;
  • meeting legal and licensing requirements;
  • operating safely;
  • maintaining any necessary insurance;
  • resolving complaints relating to the service; and
  • refunding payments where required by its own terms or applicable law.

Villa Cascata will not normally be liable for the acts or omissions of an independent provider.

Nothing in this clause excludes liability arising from Villa Cascata’s own negligence, misrepresentation or another obligation that cannot lawfully be excluded.


15.11 Due Care in Recommendations

Where Villa Cascata recommends or introduces a provider, reasonable care may be taken in selecting providers believed to be suitable at the time.

However, a recommendation does not amount to:

  • a guarantee of availability;
  • an endorsement of every aspect of the provider’s service;
  • a guarantee of quality;
  • a promise that the service will meet every personal preference; or
  • an assumption of responsibility for the provider’s performance.

Guests should make their own assessment where a service is important to their holiday.


15.12 Activities and Excursions

Guests participating in activities, excursions, boat trips, sporting activities or wellness treatments must:

  • follow the provider’s instructions;
  • disclose relevant medical conditions;
  • use safety equipment;
  • comply with age and weight restrictions;
  • avoid participation while impaired by alcohol or drugs; and
  • assess whether the activity is suitable for them.

Guests should ensure that their travel insurance covers the intended activity.


15.13 Transport Services

Where transport is provided by an independent supplier:

  • collection times are estimates unless expressly guaranteed;
  • delays may occur because of traffic, airport disruption or weather;
  • the Guest must provide accurate flight and passenger information;
  • child-seat requirements must be disclosed in advance; and
  • luggage limits may apply.

Villa Cascata is not responsible for missed flights or appointments arising from an independent transport provider’s delay unless liability arises from Villa Cascata’s own fault.


15.14 Food and Catering Services

Guests requesting food packs, grocery delivery, catering or a private chef must disclose relevant:

  • allergies;
  • intolerances;
  • dietary requirements;
  • religious dietary restrictions; and
  • medical requirements.

Third-party food providers remain responsible for the preparation and labelling of their products.

Villa Cascata cannot guarantee that externally supplied food will be free from traces of allergens.


15.15 Complaints About Optional Services

Any complaint concerning an independent provider should be raised directly with that provider as soon as possible.

Guests should also notify Villa Cascata where it made the introduction so that reasonable assistance can be provided.

Villa Cascata may help facilitate communication but does not guarantee the outcome of a dispute between a Guest and an independent provider.


CHAPTER 16

Care of Villa Cascata

16.1 General Duty of Care

Villa Cascata is a privately owned holiday home prepared for the enjoyment of Guests.

Every Guest and Authorised Visitor must take reasonable care of:

  • the building;
  • furniture and furnishings;
  • appliances and equipment;
  • balconies and terraces;
  • outdoor furniture;
  • keys and access devices;
  • landscaping;
  • Communal Areas; and
  • safety and security equipment.

The Accommodation must be used only for normal residential holiday purposes.


16.2 Reasonable Use

Guests must:

  • keep the Accommodation reasonably clean and tidy;
  • use fixtures and equipment for their intended purpose;
  • follow operating instructions;
  • avoid careless or reckless conduct;
  • supervise children appropriately;
  • report defects promptly;
  • prevent avoidable deterioration; and
  • take reasonable steps to limit damage where an incident occurs.

Guests are not expected to carry out professional cleaning, maintenance or repairs.


16.3 Prohibited Alterations

Guests must not:

  • paint or decorate any part of the property;
  • attach fixtures to walls or furniture;
  • dismantle furniture;
  • move heavy furniture;
  • relocate mattresses;
  • alter locks or access systems;
  • install electrical equipment;
  • interfere with plumbing;
  • modify internet or television equipment; or
  • arrange repairs without authority.

Any required alteration or repair must be referred to the Property Manager.


16.4 Air-Conditioning Care

Air-conditioning equipment must be used responsibly and in accordance with the Property Guide.

Guests must:

  • keep external doors and windows closed while units are operating;
  • switch units off when the property is unoccupied for a prolonged period;
  • avoid excessively low or high settings;
  • use the seasonal operating mode selected for the property;
  • avoid repeatedly changing technical settings;
  • use only the ordinary controls intended for Guest use; and
  • report faults instead of attempting adjustment or repair.

Guests must not reset, dismantle or reprogramme air-conditioning equipment beyond ordinary temperature and operating controls unless instructed.


16.5 Water Conservation

Portugal may experience periods of drought, water scarcity or increased seasonal demand.

Guests are asked to:

  • turn taps off fully;
  • avoid unnecessary water use;
  • use washing machines and dishwashers efficiently;
  • limit excessive showering;
  • report dripping taps or leaks promptly;
  • avoid unnecessary hose use; and
  • comply with any local restrictions.

Responsible use helps protect local resources and reduce the risk of service disruption.


16.6 Electrical Safety

Guests must not:

  • overload sockets;
  • use damaged plugs or cables;
  • connect unsuitable high-powered equipment;
  • run extension leads through doors, windows or Communal Areas;
  • interfere with electrical installations;
  • remove electrical safety covers;
  • open distribution boards;
  • attempt electrical repairs; or
  • use equipment in an unsafe location.

Any burning smell, sparking, overheating or repeated loss of power must be reported immediately.


16.7 Portable Heating and Cooling Equipment

Portable electric heaters, gas heaters, air-conditioning units or other high-load appliances must not be brought into or used at Villa Cascata unless expressly authorised.

This restriction does not apply to ordinary personal devices used safely and in accordance with their intended purpose.


16.8 Plumbing and Drainage

To protect the drainage system, Guests must not dispose of the following through toilets, sinks or drains:

  • sanitary products;
  • nappies;
  • wipes, including products described as flushable;
  • cotton buds;
  • paper towels;
  • food waste;
  • coffee grounds;
  • cooking fat;
  • oils;
  • chemicals;
  • medicines; or
  • foreign objects.

Only ordinary toilet tissue and human waste should be flushed through toilets.


16.9 Blockages and Plumbing Damage

Where a blockage or plumbing fault occurs, Guests must:

  • stop using the affected fitting where appropriate;
  • take reasonable steps to prevent overflow;
  • notify the Property Manager promptly; and
  • avoid using chemicals or tools unless instructed.

Where a blockage or damage is reasonably shown to have resulted from misuse, the Lead Guest may be responsible for reasonable repair and attendance costs.


16.10 Kitchen Care

Guests must:

  • avoid leaving cooking unattended;
  • use suitable cookware;
  • avoid cutting directly on work surfaces;
  • keep hot pans away from vulnerable surfaces;
  • avoid placing unsuitable items in the dishwasher;
  • clean significant spills promptly;
  • avoid pouring fat or oil into sinks; and
  • report broken equipment.

Guests should not use sharp or abrasive items on non-stick cookware or delicate surfaces.


16.11 Furniture and Soft Furnishings

Guests must take reasonable care to prevent:

  • staining;
  • burns;
  • water damage;
  • misuse;
  • damage from luggage;
  • damage from cosmetics or hair products; and
  • inappropriate outdoor use of indoor furniture.

Wet towels, swimwear and clothing should not be placed on beds, upholstered furniture or timber surfaces.


16.12 Outdoor Areas

Guests must keep terraces and external areas reasonably tidy.

Outdoor furniture must:

  • remain in its designated area;
  • not obstruct access routes;
  • not be placed on communal grass where prohibited;
  • not be taken into Communal Areas without permission; and
  • be returned to its normal position before departure.

Guests must not interfere with irrigation, landscaping or exterior lighting.


16.13 Damage and Breakage Reporting

Accidents can happen.

Guests must report any damage, breakage or loss as soon as reasonably possible.

A report should include, where appropriate:

  • what happened;
  • when it occurred;
  • the item or area affected;
  • whether anyone was injured;
  • whether further damage is possible; and
  • photographs.

Prompt reporting often enables the issue to be contained, repaired quickly and resolved at a lower cost.


16.14 Preventing Further Damage

Where damage occurs, Guests should take reasonable and safe steps to prevent it from becoming worse.

This may include:

  • turning off a tap;
  • moving belongings away from water;
  • stopping use of an appliance;
  • keeping persons away from a dangerous area; or
  • contacting the Property Manager immediately.

Guests must not place themselves at risk or undertake specialist repairs.


16.15 Fair Assessment of Accidental Damage

Villa Cascata will seek to assess genuine accidental damage fairly and reasonably.

Consideration may be given to:

  • the cause of the damage;
  • the age and condition of the affected item;
  • whether it can be repaired;
  • whether the damage resulted from negligence or misuse;
  • whether the incident was reported promptly; and
  • the actual reasonable cost incurred.

Claims will be handled in accordance with Chapter 5.


16.16 Maintenance Issues

Guests must report maintenance concerns promptly, including:

  • leaks;
  • drainage problems;
  • electrical faults;
  • air-conditioning faults;
  • appliance failures;
  • loose fittings;
  • broken glass;
  • damaged locks; and
  • safety concerns.

Continued use of a known defective item may increase the risk of injury or damage.


CHAPTER 17

Health, Safety and Emergency Procedures

17.1 Shared Responsibility for Safety

Villa Cascata takes reasonable steps to provide accommodation that is safe and suitable for normal holiday use.

Guests also have an important responsibility to:

  • act with reasonable care;
  • supervise children;
  • follow safety instructions;
  • use facilities properly;
  • avoid dangerous conduct;
  • report hazards promptly; and
  • contact emergency services where necessary.

No accommodation can be entirely free from everyday risks.


17.2 Emergency Number

In an emergency involving an immediate risk to life, health, safety or property, Guests should contact the Portuguese emergency services by dialling:

112

The Property Manager should then be notified as soon as it is safe and reasonably practicable to do so.

Guests should not delay calling 112 while attempting to contact Villa Cascata.


17.3 Familiarisation on Arrival

Guests should familiarise themselves with:

  • property exits;
  • stairs and level changes;
  • smoke alarms;
  • fire extinguishers;
  • fire blankets;
  • the location of keys;
  • emergency contact details;
  • swimming-pool rules;
  • the location of the allocated parking space; and
  • any safety instructions displayed within the property.

The Lead Guest should ensure that all members of the Booking Party understand the main safety arrangements.


17.4 Fire Prevention

Guests must:

  • avoid leaving cooking unattended;
  • extinguish smoking materials completely;
  • keep exits clear;
  • avoid overloading electrical sockets;
  • report damaged electrical equipment;
  • avoid covering heating or cooling equipment;
  • keep flammable items away from heat sources; and
  • comply with all fire-safety instructions.

Candles, fireworks, Chinese lanterns and unauthorised open flames are prohibited.

Barbecues may be used only where expressly authorised and in accordance with the applicable instructions.


17.5 Fire Equipment

Guests must not:

  • remove or relocate fire extinguishers;
  • interfere with smoke alarms;
  • cover or disable detectors;
  • misuse fire blankets;
  • obstruct emergency exits;
  • damage safety signage; or
  • use firefighting equipment for any non-emergency purpose.

Any damaged, missing or activated safety equipment must be reported immediately.


17.6 Action in the Event of Fire

In the event of fire or suspected fire:

  1. Warn other occupants where safe to do so.
  2. Leave the affected area.
  3. Call 112.
  4. Do not re-enter an unsafe building.
  5. Follow the instructions of the emergency services.
  6. Notify the Property Manager as soon as it is safe.

Guests should not attempt to fight a substantial fire.


17.7 Swimming-Pool Safety

The communal swimming pools may be unsupervised and there may be no lifeguard on duty.

Guests must:

  • comply with pool signs;
  • supervise children continuously;
  • avoid running;
  • avoid diving where prohibited;
  • avoid dangerous play;
  • avoid glass containers;
  • avoid swimming while significantly impaired;
  • consider their swimming ability;
  • use appropriate flotation equipment where necessary; and
  • leave the pool during unsafe weather or when instructed.

Use of the pools is subject to Chapter 10 and the Cascata Village Condominium Regulations.


17.8 Supervision of Children

Children must be appropriately supervised at all times.

Particular care is required:

  • around swimming pools;
  • on balconies and terraces;
  • near stairs;
  • in the underground garage;
  • in kitchens;
  • around glass doors;
  • near electrical equipment; and
  • in Communal Areas.

A swimming aid is not a substitute for adult supervision.


17.9 Balcony and Terrace Safety

Guests must not:

  • climb or sit on railings;
  • lean dangerously over an edge;
  • permit children to play unsupervised;
  • throw any object;
  • place furniture near railings in a way that creates a climbing risk;
  • use balconies while behaving recklessly; or
  • overload balconies with equipment or persons.

Balcony doors should be secured where necessary to protect young children.


17.10 Slips, Trips and Falls

Guests should take particular care:

  • around wet swimming-pool areas;
  • on tiled floors;
  • in bathrooms;
  • on external steps;
  • during rain;
  • when carrying luggage;
  • in low-light areas; and
  • where footwear is wet or sandy.

Suitable footwear is recommended when moving around the development.

Spillages and hazards should be reported or addressed promptly where safe to do so.


17.11 Glass Doors and Windows

Guests should take care around glazed doors, windows and screens.

Doors and windows must not be:

  • forced;
  • slammed;
  • propped open unsafely;
  • used as supports; or
  • interfered with.

Any cracked or damaged glass must be reported immediately, and Guests should keep away from the affected area.


17.12 Electrical and Appliance Safety

Guests must:

  • follow appliance instructions;
  • keep electrical items away from water;
  • avoid using damaged equipment;
  • supervise children;
  • switch off equipment where a fault is suspected; and
  • report sparking, smoke, unusual heat or burning smells.

Guests must not attempt electrical repairs.


17.13 Gas, Fumes and Unusual Odours

Where Guests detect:

  • a strong burning smell;
  • smoke;
  • gas-like odours;
  • chemical fumes; or
  • another unexplained hazardous smell,

they should:

  1. move away from the immediate area;
  2. avoid operating electrical switches where a gas leak is suspected;
  3. call 112 where there is an immediate danger; and
  4. notify the Property Manager.

17.14 Personal Health and Medication

Guests with a medical condition should travel with:

  • sufficient medication;
  • relevant medical information;
  • appropriate travel insurance;
  • emergency contact details; and
  • any equipment they may reasonably require.

Medication should be stored safely and away from children.

Villa Cascata does not provide medical advice, nursing care or treatment.


17.15 Allergies and Individual Needs

Guests are responsible for notifying relevant service providers of allergies, intolerances or medical requirements.

Villa Cascata cannot guarantee that the property is completely free from:

  • allergens;
  • dust;
  • pollen;
  • traces of animals from previous authorised occupancy;
  • cleaning-product residues; or
  • environmental irritants.

A material requirement should be raised before booking.


17.16 Heat and Sun Exposure

Guests should take appropriate precautions during hot weather, including:

  • remaining hydrated;
  • using sun protection;
  • avoiding excessive exposure;
  • supervising children;
  • limiting strenuous activity during extreme heat; and
  • following local public-health advice.

Guests should not rely solely on air conditioning to manage a medical condition.


17.17 Insects and Wildlife

Portugal has a warm climate in which insects and wildlife may be encountered.

Guests should:

  • keep food stored appropriately;
  • avoid feeding animals;
  • use reasonable personal protection;
  • keep doors and windows managed appropriately;
  • report an infestation; and
  • seek medical advice where bitten or stung and concerned.

The presence of an occasional insect does not necessarily indicate an infestation or defect.


17.18 Accidents and Injuries

Any accident, injury or dangerous occurrence at Villa Cascata or within the relevant Communal Areas should be reported to the Property Manager as soon as reasonably practicable.

Where possible, the report should include:

  • the name of the injured person;
  • the date and time;
  • the location;
  • a description of what occurred;
  • any apparent injury;
  • any medical assistance obtained;
  • any witnesses; and
  • photographs where appropriate.

Reporting assists with investigation and the removal of hazards.


17.19 Serious Incidents

Where a serious incident occurs, Guests should:

  1. contact the emergency services;
  2. avoid disturbing the scene except where necessary for safety;
  3. follow official instructions;
  4. notify the Property Manager; and
  5. provide accurate information.

Guests must not make an admission of liability on behalf of Villa Cascata or the Condominium.


17.20 Responsibility for Personal Risk

Guests are responsible for exercising reasonable judgment in relation to:

  • swimming ability;
  • alcohol consumption;
  • sun exposure;
  • physical activity;
  • medical fitness;
  • supervision of children; and
  • use of optional services.

Nothing in this chapter excludes liability arising from negligence or another legal obligation that cannot lawfully be excluded.


CHAPTER 18

Security, Access and Protection of the Property

18.1 Shared Responsibility for Security

Villa Cascata takes reasonable measures to support the security of the Accommodation, Guests and neighbouring residents.

Guests must also take reasonable precautions to protect:

  • themselves;
  • children;
  • personal belongings;
  • keys and access devices;
  • the Accommodation;
  • vehicles; and
  • Cascata Village.

18.2 Securing the Accommodation

When leaving Villa Cascata, Guests should:

  • lock external doors;
  • close and secure accessible windows;
  • secure terrace and balcony doors;
  • avoid leaving valuables visible;
  • switch off unnecessary appliances;
  • switch off air conditioning during prolonged absence;
  • activate the alarm where instructed;
  • keep keys secure; and
  • ensure the garage entrance closes fully.

Guests should also secure the property at night.


18.3 Keys and Access Devices

Guests may be supplied with:

  • property keys;
  • garage fobs;
  • remote controls;
  • gate access devices;
  • lockbox codes;
  • alarm instructions; and
  • other security information.

These remain the property of Villa Cascata or the Condominium.


18.4 Guest Obligations

Guests must:

  • keep keys and access devices secure;
  • avoid identifying them with the property address;
  • refrain from lending them to unauthorised persons;
  • refrain from duplication;
  • keep access codes confidential;
  • report loss immediately;
  • return all items before departure; and
  • avoid retaining access information after the stay.

18.5 Lost or Compromised Access

Where a key, fob, remote control or code is lost or compromised, Villa Cascata may take reasonable security measures, including:

  • replacing a key;
  • arranging locksmith attendance;
  • changing a lock;
  • reprogramming a fob;
  • changing an access code;
  • replacing a remote control; and
  • notifying the Condominium.

The Lead Guest may be responsible for reasonable costs arising from the loss where permitted under Chapter 5.


18.6 Lockouts

Where a Guest is locked out because of lost, forgotten or misplaced access items, assistance may be subject to:

  • staff availability;
  • travel time;
  • locksmith availability;
  • identity verification; and
  • a reasonable call-out charge.

Guests must not force entry or damage doors, windows or locks.


18.7 Access-Code Confidentiality

Access codes must not be:

  • posted online;
  • shared through social media;
  • disclosed to delivery drivers;
  • provided to unapproved visitors;
  • written where they can be easily identified; or
  • used after departure.

Any suspected unauthorised disclosure must be reported immediately.


18.8 Personal Belongings

Guests remain responsible for their personal property throughout the stay.

Guests are encouraged to:

  • keep doors and windows secured;
  • avoid leaving valuables unattended;
  • use any available safe in accordance with its instructions;
  • avoid displaying valuables in vehicles;
  • maintain suitable travel insurance; and
  • keep passports, money and electronic devices secure.

Villa Cascata is not responsible for loss, theft or damage unless liability arises from negligence or another legal obligation.


18.9 Use of a Safe

Where a safe is provided:

  • Guests must follow the instructions;
  • access codes should remain confidential;
  • the safe must not be forced;
  • faults should be reported promptly; and
  • the safe must be left open or reset as instructed at departure.

Provision of a safe does not create an unlimited assumption of responsibility for items stored within it.


18.10 Vehicles and Garage Security

Vehicles and their contents remain the responsibility of the vehicle owner.

Guests should:

  • lock the vehicle;
  • close windows;
  • avoid leaving valuables visible;
  • park only in Bay C;
  • retain vehicle keys securely; and
  • ensure the garage entrance closes after use.

Parking is at the vehicle owner’s risk, subject to liability that cannot lawfully be excluded.


18.11 Unauthorised Persons

Guests must not allow an unknown or unauthorised person to:

  • enter Villa Cascata;
  • enter secure areas;
  • follow them through a controlled gate;
  • use a key or access device;
  • use Parking Bay C; or
  • remain at the property.

Any suspicious activity should be reported to the Property Manager or appropriate authority.


18.12 Deliveries and Contractors

Guests should exercise caution when admitting:

  • food-delivery personnel;
  • couriers;
  • tradespeople;
  • service providers; and
  • other visitors.

Only contractors authorised by Villa Cascata should be permitted to carry out maintenance or repairs.

Guests should not allow a delivery person unrestricted access to the Accommodation.


18.13 Extended Absence

Where Villa Cascata will be unoccupied for an extended period during the booking, Guests should:

  • secure all doors and windows;
  • switch off unnecessary appliances;
  • switch off air conditioning;
  • remove perishable rubbish;
  • keep valuables secure; and
  • notify the Property Manager where appropriate.

Extended absence does not permit another person to occupy the Accommodation.


18.14 Alarms and Security Equipment

Guests must follow any instructions relating to:

  • alarm activation;
  • alarm deactivation;
  • garage controls;
  • access systems;
  • locks; and
  • security devices.

Guests must not:

  • tamper with equipment;
  • remove batteries;
  • disconnect sensors;
  • obstruct cameras lawfully installed in external or communal locations; or
  • intentionally trigger false alarms.

Any accidental activation should be reported promptly.


18.15 Emergency Access

Villa Cascata may enter the Accommodation without prior agreement where immediate access is reasonably necessary to:

  • protect life;
  • address a welfare concern;
  • prevent serious damage;
  • respond to fire or flooding;
  • investigate an alarm;
  • secure the property;
  • comply with emergency-service instructions; or
  • meet a lawful public-authority requirement.

Reasonable efforts will be made to inform the Lead Guest as soon as practicable.


18.16 Non-Emergency Access

Where access is required for a non-emergency repair, inspection or service, Villa Cascata will normally:

  • contact the Lead Guest;
  • explain the reason;
  • provide reasonable notice;
  • seek to arrange a suitable time; and
  • minimise disruption.

Guests must not unreasonably refuse access required to preserve the property or restore an essential service.


18.17 Security Incidents

Any theft, attempted break-in, unauthorised entry, lost key or suspicious incident should be reported promptly.

Where appropriate, Guests should:

  • call 112;
  • avoid confronting a suspicious person;
  • preserve relevant evidence;
  • provide accurate information;
  • notify the Property Manager; and
  • contact their insurer.

18.18 Insurance Consequences

A Guest’s failure to take reasonable security precautions may affect an insurance claim or responsibility for resulting losses.

This may include leaving:

  • doors unlocked;
  • windows open;
  • keys accessible;
  • access codes disclosed;
  • a vehicle unsecured; or
  • the garage entrance obstructed.

Any claim against the Lead Guest must nevertheless be based on reasonable evidence and applicable law.


CHAPTER 19

Utilities, Internet and Environmental Responsibility

19.1 Utilities Included

Unless otherwise stated in the Booking Confirmation, Villa Cascata provides:

  • electricity;
  • mains water;
  • hot water;
  • Wi-Fi internet access; and
  • air conditioning.

These services are included for reasonable domestic holiday use.


19.2 Reasonable Domestic Use

Reasonable domestic use means ordinary use by the registered Booking Party for normal holiday purposes.

It does not include:

  • commercial activity;
  • electric-vehicle charging without permission;
  • cryptocurrency mining;
  • operating high-load equipment;
  • supplying another property;
  • excessive continuous air-conditioning with doors open;
  • deliberate waste; or
  • another abnormal or unauthorised use.

19.3 Responsible Consumption

Guests should:

  • switch off lights when leaving rooms;
  • switch off unnecessary appliances;
  • use air conditioning responsibly;
  • close doors and windows while cooling;
  • avoid leaving taps running;
  • report leaks;
  • use full washing or dishwasher loads where practical; and
  • comply with temporary restrictions.

Responsible consumption supports sustainability and helps protect local supply infrastructure.


19.4 Electricity Supply

Electricity is supplied by an external utility provider.

Temporary interruptions may occur because of:

  • public network faults;
  • maintenance;
  • storms;
  • local demand;
  • grid restrictions;
  • building works;
  • safety intervention; or
  • circumstances beyond the Owner’s control.

Villa Cascata cannot guarantee uninterrupted public electricity supply.


19.5 Electricity Faults

Guests should notify the Property Manager where:

  • power is lost;
  • a circuit repeatedly trips;
  • equipment sparks;
  • there is a burning smell;
  • sockets overheat; or
  • electricity appears unsafe.

Guests must not attempt to repair or reset fixed electrical systems unless instructed.


19.6 Water Supply

Water is supplied through the public or development infrastructure.

Temporary interruption or reduced pressure may occur because of:

  • public maintenance;
  • drought;
  • emergency repairs;
  • local demand;
  • pump or infrastructure faults; or
  • restrictions imposed by authorities.

Guests should report abnormal supply, leaks or lack of hot water promptly.


19.7 Hot Water

The availability and recovery time of hot water may depend upon:

  • system capacity;
  • the number of Guests;
  • simultaneous use;
  • electricity supply;
  • operating settings; and
  • maintenance.

Guests should use hot water reasonably and allow the system time to recover after heavy use.


19.8 Air Conditioning

Air conditioning is provided subject to:

  • correct operation;
  • electricity supply;
  • seasonal settings;
  • equipment condition;
  • reasonable use; and
  • maintenance availability.

The system is not intended to operate continuously with external doors or windows open.

Guests must not alter technical programming or system settings beyond ordinary Guest controls.


19.9 Internet Access

Complimentary Wi-Fi is provided for Guest convenience.

Villa Cascata cannot guarantee:

  • uninterrupted availability;
  • a minimum download or upload speed;
  • coverage in every room;
  • compatibility with every device;
  • suitability for video conferencing;
  • uninterrupted streaming;
  • access to every website or application; or
  • business-critical reliability.

19.10 Third-Party Telecommunications

Internet performance depends on external telecommunications providers and local infrastructure.

Service may be affected by:

  • provider outages;
  • maintenance;
  • local demand;
  • weather;
  • power failure;
  • router faults;
  • regional restrictions; or
  • circumstances outside the Owner’s control.

Villa Cascata will use reasonable efforts to report and investigate a material fault.


19.11 Guest Devices

Villa Cascata is not responsible for:

  • configuring personal devices;
  • software compatibility;
  • antivirus protection;
  • data loss;
  • device damage;
  • forgotten passwords;
  • personal-account access; or
  • technical support unrelated to the supplied network.

Guests remain responsible for protecting their devices and data.


19.12 Lawful Internet Use

Guests must not use the internet connection for:

  • illegal downloading;
  • copyright infringement;
  • fraud;
  • hacking;
  • cybercrime;
  • distribution of malicious software;
  • accessing or distributing unlawful content;
  • harassment;
  • unauthorised surveillance;
  • operating an unlawful business; or
  • any activity prohibited by Portuguese law.

19.13 Network Security

Guests must not:

  • alter router settings;
  • reset network equipment without instruction;
  • disconnect security-related equipment;
  • create an unauthorised network;
  • disclose Wi-Fi credentials publicly;
  • attempt to access another user’s device; or
  • interfere with network performance.

Any network fault should be reported to the Property Manager.


19.14 Cooperation with Authorities

Where Villa Cascata receives a valid legal request relating to suspected unlawful internet use, it may cooperate with the competent authority in accordance with applicable law and the Privacy Notice.

Villa Cascata does not routinely monitor Guest internet activity.


19.15 Electric-Vehicle Charging

Unless a dedicated and authorised charging facility is expressly provided, Guests must not charge:

  • electric cars;
  • electric motorcycles;
  • electric scooters;
  • electric bicycles;
  • mobility batteries requiring unsuitable high-load charging; or
  • other transport batteries

from Villa Cascata’s domestic or communal electrical supply.

Guests should use approved public charging facilities.


19.16 Small Personal Devices

Ordinary charging of personal devices such as:

  • telephones;
  • tablets;
  • laptops;
  • cameras;
  • watches; and
  • standard mobility aids

is permitted where carried out safely with suitable equipment.

Damaged, recalled or visibly unsafe chargers must not be used.


19.17 Environmental Commitment

Villa Cascata seeks to reduce unnecessary environmental impact through responsible:

  • water use;
  • electricity use;
  • waste management;
  • recycling;
  • purchasing;
  • maintenance; and
  • protection of landscaped areas.

Guests are encouraged to support these aims throughout the stay.


19.18 Recycling

Where recycling facilities are available, Guests should separate waste in accordance with the local system.

Typical categories may include:

  • glass;
  • paper and card;
  • plastic and metal packaging;
  • general waste; and
  • other locally designated materials.

Current disposal instructions will be provided within the Property Guide.


19.19 Wildlife and Landscaping

Guests must:

  • respect local wildlife;
  • avoid feeding stray animals;
  • avoid damaging plants;
  • keep rubbish contained;
  • avoid using harmful chemicals;
  • comply with garden restrictions; and
  • report any environmental hazard.

19.20 Utility Interruptions

A temporary interruption outside Villa Cascata’s reasonable control will not automatically entitle a Guest to compensation.

Villa Cascata will consider:

  • the duration;
  • the effect on occupation;
  • whether an alternative is available;
  • the cause;
  • the response taken; and
  • mandatory consumer rights.

Nothing in this clause excludes a legal remedy where the Accommodation is materially unfit or contracted services are not provided.


CHAPTER 20

Privacy and Data Protection

20.1 Commitment to Privacy

Villa Cascata is committed to protecting the privacy and personal information of Guests.

Personal data will be handled:

  • lawfully;
  • fairly;
  • transparently;
  • securely;
  • only for specified purposes; and
  • for no longer than reasonably necessary.

This chapter should be read together with the full Villa Cascata Privacy Notice.


20.2 Data Controller

The applicable Privacy Notice should identify:

  • the legal person acting as Data Controller;
  • the relevant business or trading name;
  • a postal contact address;
  • an email address for privacy enquiries; and
  • any appointed representative or Property Manager involved in processing.

The Data Controller determines why and how personal information is processed.


20.3 Information Collected

Depending on the booking and legal requirements, Villa Cascata may collect:

  • names;
  • residential addresses;
  • email addresses;
  • telephone numbers;
  • dates of birth;
  • nationality;
  • country of residence;
  • passport or identity-document information;
  • arrival and departure dates;
  • details of the Booking Party;
  • vehicle-registration information;
  • booking history;
  • correspondence;
  • special requests;
  • complaint information;
  • damage or incident records;
  • payment and transaction information;
  • IP or technical information generated through online systems; and
  • any other information reasonably required to administer the booking.

20.4 Information About Children

Where children are included within a booking, limited personal information may be processed for:

  • occupancy records;
  • legal registration;
  • safety;
  • age-appropriate equipment;
  • pricing;
  • emergency response; and
  • management of the accommodation contract.

The Lead Guest must have authority to provide necessary information relating to a child.


20.5 Special-Category Information

Villa Cascata does not routinely seek sensitive personal information.

However, Guests may voluntarily provide information concerning:

  • health;
  • disability;
  • allergies;
  • dietary requirements; or
  • accessibility needs

where relevant to the stay or an optional service.

Such information will be processed only where there is an appropriate lawful basis and it is reasonably necessary.


20.6 Purposes of Processing

Personal information may be processed for:

  • responding to enquiries;
  • confirming reservations;
  • taking payment;
  • administering bookings;
  • communicating with Guests;
  • confirming eligibility and identity;
  • fulfilling accommodation contracts;
  • arranging check-in and access;
  • complying with statutory guest-registration duties;
  • property management;
  • arranging optional services;
  • responding to emergencies;
  • handling complaints;
  • investigating damage or incidents;
  • maintaining security;
  • accounting and taxation;
  • legal compliance;
  • fraud prevention;
  • exercising or defending legal rights; and
  • improving Guest services.

20.7 Lawful Bases

Depending on the purpose, personal information may be processed because:

  • it is necessary to enter into or perform the booking contract;
  • it is required to comply with a legal obligation;
  • it is necessary for legitimate interests that are not overridden by the Guest’s rights;
  • it is necessary to protect vital interests;
  • consent has been given where consent is required; or
  • it is necessary for the establishment, exercise or defence of legal claims.

Consent will not be relied upon where another lawful basis is more appropriate.


20.8 Contractual Information

Certain information is necessary to administer the booking.

Failure to provide required information may mean that Villa Cascata cannot:

  • confirm the reservation;
  • take payment;
  • comply with legal registration duties;
  • provide access;
  • arrange a requested service; or
  • continue the stay lawfully.

Guests will be informed where information is mandatory.


20.9 Statutory Guest Registration

Where required by Portuguese law, the identity details of relevant Guests may be collected and submitted through the prescribed accommodation-registration process.

Only information required for the applicable legal purpose should be submitted.

The Privacy Notice should explain:

  • the type of information collected;
  • the authority receiving it;
  • the legal basis;
  • the applicable reporting process; and
  • the relevant retention arrangements.

20.10 Sources of Information

Personal information may be obtained:

  • directly from the Lead Guest;
  • from another member of the Booking Party;
  • from a Booking Platform;
  • from a travel agent;
  • from a payment provider;
  • from an authorised Property Manager;
  • through correspondence;
  • from incident or damage reports; or
  • from a lawful public-authority request.

The Lead Guest must ensure they are authorised to provide information relating to other members of the Booking Party.


20.11 Sharing Personal Information

Personal information may be shared where reasonably necessary with:

  • Booking Platforms;
  • payment providers;
  • banks;
  • the Property Manager;
  • housekeeping providers;
  • maintenance contractors;
  • IT and booking-system providers;
  • accountants and professional advisers;
  • insurers;
  • debt-recovery providers;
  • legal representatives;
  • Portuguese public authorities;
  • emergency services; and
  • other service providers involved in administering the booking.

Only information reasonably necessary for the relevant purpose should be shared.


20.12 Independent Third-Party Providers

Where a Guest books an optional service directly with an independent provider, that provider may act as a separate Data Controller.

The provider’s own privacy notice will govern its use of personal information.

Villa Cascata is not responsible for a third party’s independent processing, except where legal responsibility arises from Villa Cascata’s own conduct.


20.13 Payment Information

Payments may be processed by:

  • a Booking Platform;
  • a bank;
  • a card processor;
  • a secure payment provider; or
  • another authorised financial-service provider.

Villa Cascata should avoid retaining complete card information unless this is necessary and handled through an appropriately secure system.

Payment providers may process personal data under their own privacy notices.


20.14 Data Security

Villa Cascata will take reasonable technical and organisational measures to protect personal information against:

  • unauthorised access;
  • unlawful processing;
  • accidental loss;
  • destruction;
  • alteration;
  • misuse; and
  • unauthorised disclosure.

Measures may include:

  • access controls;
  • secure passwords;
  • limited staff access;
  • secure booking systems;
  • encrypted transmission where appropriate;
  • document-retention controls; and
  • secure disposal.

No system or internet transmission can be guaranteed to be completely secure.


20.15 Confidentiality

Persons processing Guest information on behalf of Villa Cascata should be subject to appropriate confidentiality obligations.

Personal information must not be used for an unrelated personal or commercial purpose.


20.16 International Transfers

Some Booking Platforms, payment providers or technology suppliers may process personal information outside Portugal or the European Economic Area.

Where applicable, transfers should be made using a lawful transfer mechanism and appropriate safeguards.

Further information should be included within the Privacy Notice where relevant.


20.17 Retention

Personal information will be retained only for as long as reasonably necessary for:

  • administration of the booking;
  • legal guest-registration obligations;
  • tax and accounting requirements;
  • dispute resolution;
  • fraud prevention;
  • insurance;
  • handling complaints;
  • establishing or defending legal claims; and
  • other lawful purposes.

Different categories of information may be subject to different retention periods.

Information should be securely deleted or anonymised when no longer required.


20.18 Guest Rights

Subject to applicable law, a Guest may have the right to:

  • request access to personal information;
  • request correction of inaccurate information;
  • request completion of incomplete information;
  • request deletion in appropriate circumstances;
  • request restriction of processing;
  • object to certain processing;
  • receive certain information in a portable format;
  • withdraw consent where processing is based on consent; and
  • complain to a competent data-protection authority.

These rights may be subject to legal limitations and exemptions.


20.19 Requests Concerning Personal Data

A request should be submitted in writing using the privacy contact details stated in the Privacy Notice.

Villa Cascata may need to:

  • verify the requester’s identity;
  • clarify the scope of the request;
  • protect another person’s privacy;
  • retain information required by law; or
  • refuse a manifestly unfounded or excessive request where permitted by law.

A response will be provided within the period required by applicable legislation.


20.20 Withdrawal of Consent

Where processing is based solely on consent, the Guest may withdraw that consent at any time.

Withdrawal does not affect processing that took place lawfully before consent was withdrawn.

Withdrawal of consent will not prevent processing based upon another lawful basis.


20.21 Marketing Communications

Marketing communications should be sent only where permitted by law.

Guests may opt out of marketing at any time.

An opt-out will not prevent Villa Cascata from sending necessary communications concerning:

  • an active booking;
  • payment;
  • safety;
  • access;
  • legal obligations;
  • complaints; or
  • another contractual matter.

20.22 Photographs and Incident Records

Photographs, videos or written records may be created where reasonably necessary to document:

  • property condition;
  • damage;
  • maintenance;
  • a safety concern;
  • an accident;
  • a security incident; or
  • a contractual dispute.

Such records must be used only for legitimate purposes and retained for no longer than necessary.

Private Guest activity should not be recorded in areas where a person reasonably expects privacy.


20.23 CCTV and External Security Systems

Where CCTV or another security system is operated within Cascata Village or around external access areas, responsibility may rest with:

  • the Condominium;
  • another property owner;
  • a security provider; or
  • Villa Cascata.

Any system operated by Villa Cascata must be clearly disclosed and used in accordance with applicable law.

Cameras must not be installed within private internal living or sleeping areas occupied by Guests.


20.24 Data Breaches

Where a personal-data breach occurs, Villa Cascata will:

  • investigate the incident;
  • take reasonable containment measures;
  • assess the likely risk;
  • preserve relevant records;
  • notify the competent authority where legally required; and
  • notify affected individuals where the law requires it.

20.25 Complaints

A Guest who has a concern about the use of personal information should first contact the Data Controller using the details in the Privacy Notice.

The Guest may also have the right to complain to the competent Portuguese data-protection authority or another authority with jurisdiction.


20.26 Privacy Notice

This chapter provides a summary of Villa Cascata’s privacy approach.

A separate Privacy Notice should provide fuller information, including:

  • the identity and contact details of the Data Controller;
  • categories of personal data;
  • purposes and lawful bases;
  • recipients;
  • international transfers;
  • retention periods;
  • Guest rights;
  • complaint procedures;
  • cookies and online tracking, where applicable; and
  • the date and version of the notice.

CHAPTER 21

CCTV, Security Systems and Monitoring

21.1 Purpose of Security Measures

Security measures may be used within Villa Cascata and Cascata Village for legitimate purposes, including:

  • protecting Guests, residents and visitors;
  • preventing and detecting crime;
  • protecting Villa Cascata and communal property;
  • controlling access to secure areas;
  • investigating security incidents;
  • responding to alarms and emergencies; and
  • assisting the competent authorities where reasonably necessary.

Any security system operated by or on behalf of Villa Cascata will be used in accordance with applicable privacy and data-protection law.


21.2 Communal CCTV

Cascata Village may operate CCTV systems within Communal Areas.

Cameras may be located at:

  • vehicle entrances and exits;
  • pedestrian access points;
  • underground parking areas;
  • shared pathways;
  • external access areas;
  • entrances to communal facilities; and
  • other locations considered reasonably necessary for security.

Communal CCTV is normally controlled and operated by or on behalf of the Cascata Village Condominium and not by Villa Cascata.

Villa Cascata does not control:

  • the location of communal cameras;
  • the operation of the communal CCTV system;
  • the length of time recordings are retained;
  • access to recordings; or
  • disclosure of recordings by the Condominium.

Questions concerning communal CCTV should normally be directed to the Condominium Administration.


21.3 Privacy Within Villa Cascata

No CCTV cameras or recording devices operated by Villa Cascata are installed inside the private living accommodation occupied by Guests.

This includes:

  • bedrooms;
  • bathrooms;
  • living rooms;
  • kitchens;
  • dining areas; and
  • other internal spaces where Guests have a reasonable expectation of privacy.

Guest privacy within Villa Cascata will be respected at all times.


21.4 External Security Devices

Villa Cascata may use lawful external security devices to protect entrances, access points and the exterior of the property.

These may include:

  • external cameras;
  • video doorbells;
  • access-control systems;
  • entry sensors;
  • alarm sensors;
  • smart locks;
  • key safes;
  • garage access records; and
  • other security equipment.

Any external recording device operated by Villa Cascata will, where required:

  • be used only for a legitimate security purpose;
  • avoid recording private internal accommodation;
  • avoid unnecessary intrusion into neighbouring property;
  • be disclosed through appropriate notices or the Privacy Notice; and
  • be operated in accordance with applicable law.

21.5 Security Alarm

Where Villa Cascata is fitted with a security alarm, appropriate operating instructions will be provided to the Lead Guest.

Guests must:

  • follow the instructions supplied;
  • activate the alarm when leaving the property where instructed;
  • deactivate it correctly upon return;
  • keep alarm information confidential;
  • avoid changing technical settings;
  • report faults promptly; and
  • report accidental activation as soon as reasonably possible.

The Lead Guest must ensure that all members of the Booking Party understand how to use the alarm correctly.


21.6 False Alarms

Where a false alarm is triggered, the Lead Guest must contact the Property Manager promptly.

The Lead Guest may be responsible for reasonable costs arising from a false alarm where it results from:

  • deliberate interference;
  • repeated failure to follow instructions;
  • negligent activation;
  • unauthorised alteration of equipment;
  • failure to secure doors or windows as instructed; or
  • misuse by a Guest or Authorised Visitor.

No charge will be imposed where a false alarm results solely from an equipment fault outside the Guest’s reasonable control.


21.7 Keys, Codes and Access Devices

Villa Cascata may provide Guests with:

  • property keys;
  • garage access fobs;
  • gate remote controls;
  • key-safe codes;
  • lockbox codes;
  • alarm instructions;
  • electronic access codes; and
  • other access devices.

All such items and information remain the property of Villa Cascata or the Condominium.

Guests must:

  • keep keys and access devices secure;
  • keep codes confidential;
  • refrain from duplicating keys;
  • refrain from sharing access information with unauthorised persons;
  • report loss or compromise immediately;
  • return all physical access devices before departure; and
  • stop using or retaining access information after the stay.

21.8 Access Records

Electronic systems may retain limited records relating to:

  • entry and exit times;
  • use of access codes;
  • alarm activation;
  • garage entry;
  • failed access attempts; and
  • security-system faults.

Such records may be used where reasonably necessary to:

  • investigate a security incident;
  • establish access history;
  • respond to a complaint;
  • investigate damage;
  • protect persons or property;
  • comply with a lawful request; or
  • establish, exercise or defend legal rights.

Access records will be handled in accordance with the Villa Cascata Privacy Notice and applicable law.


21.9 Fire and Safety Detection

Villa Cascata may contain:

  • smoke alarms;
  • heat detectors;
  • carbon-monoxide alarms, where appropriate;
  • fire extinguishers;
  • fire blankets;
  • emergency lighting; and
  • other safety devices.

Guests must not:

  • cover, disable or remove detectors;
  • remove batteries;
  • interfere with alarms;
  • move fire equipment;
  • obstruct safety equipment;
  • deliberately trigger a false alarm; or
  • use safety equipment for a non-emergency purpose.

Any fault, damage or activation must be reported promptly.


21.10 Prohibited Interference

Guests and Authorised Visitors must not interfere with:

  • CCTV equipment;
  • video doorbells;
  • security alarms;
  • sensors;
  • smoke or heat detectors;
  • carbon-monoxide alarms;
  • smart locks;
  • access-control systems;
  • garage controls;
  • internet routers;
  • electrical installations;
  • fire-safety equipment; or
  • any other security or monitoring system.

Unauthorised interference may be treated as a serious breach of these Terms.


21.11 Damage and Recovery of Costs

Where security or safety equipment is damaged, disabled or altered by a Guest or Authorised Visitor, the Lead Guest may be responsible for reasonable costs arising from:

  • repair;
  • replacement;
  • reprogramming;
  • locksmith attendance;
  • contractor attendance;
  • security call-outs;
  • restoration of access control; and
  • any properly evidenced loss caused by the interference.

Any claim will be handled in accordance with Chapter 5.


21.12 Security During Guest Absence

When leaving Villa Cascata unattended, Guests must take reasonable security precautions.

This includes:

  • locking external doors;
  • securing accessible windows;
  • closing balcony and terrace doors;
  • protecting keys and access devices;
  • activating the alarm where instructed;
  • ensuring the garage entrance closes fully;
  • keeping valuables out of sight; and
  • avoiding public disclosure that the Accommodation is unoccupied.

21.13 Personal Monitoring Devices

Guests must not install or operate surveillance equipment that records:

  • neighbouring property;
  • Communal Areas;
  • staff;
  • contractors;
  • residents;
  • other Guests; or
  • any person without a lawful basis.

This includes:

  • hidden cameras;
  • external cameras;
  • recording doorbells;
  • covert audio-recording devices;
  • tracking devices; and
  • drones used for surveillance.

Ordinary personal devices may be used lawfully for private purposes, provided they do not unreasonably interfere with another person’s privacy.


21.14 Drones

Guests must not operate a drone from Villa Cascata or within Cascata Village unless:

  • the activity is lawful;
  • any required permission has been obtained;
  • the Condominium Regulations permit it;
  • neighbouring privacy is respected;
  • the drone is insured where required; and
  • prior written approval has been obtained from the Property Manager where necessary.

Commercial filming remains subject to Chapter 8.


21.15 Incident Records

Villa Cascata may create photographs, video records or written records where reasonably necessary to document:

  • damage;
  • missing property;
  • a maintenance issue;
  • a security incident;
  • an accident;
  • a breach of the House Rules;
  • the condition of the Accommodation or Communal Areas; or
  • evidence relevant to a contractual dispute.

Such records will be limited to a legitimate purpose and handled in accordance with the Privacy Notice.


21.16 Disclosure of Security Information

Security recordings or access records may be disclosed where reasonably and lawfully necessary to:

  • the Condominium Administration;
  • an insurer;
  • a Booking Platform;
  • a payment provider;
  • a legal adviser;
  • a court;
  • law-enforcement authorities;
  • emergency services; or
  • another competent authority.

Information will not be disclosed for an unrelated purpose unless required by law.


21.17 Reporting a Security Incident

Guests must promptly report:

  • loss of a key or access device;
  • suspicious activity;
  • attempted entry;
  • theft;
  • damage to locks;
  • disclosure of an access code;
  • false alarms;
  • interference with alarms or CCTV;
  • unauthorised entry; or
  • a security-system fault.

Where there is an immediate threat or a crime in progress, Guests should contact the Portuguese emergency services on 112 before notifying the Property Manager.


21.18 Privacy and Data Protection

Any personal information collected through a security system operated by Villa Cascata will be processed in accordance with:

  • Chapter 20;
  • the Villa Cascata Privacy Notice;
  • applicable Portuguese law; and
  • the General Data Protection Regulation where applicable.

CHAPTER 22

Third-Party Services

22.1 Application of Chapter 15

Optional and independent third-party services are governed primarily by Chapter 15 of these Terms & Conditions.

This chapter provides a concise summary of the position relating to independent businesses that Guests may use during their stay.


22.2 Independent Suppliers

Guests may choose to use services supplied by independent businesses, including:

  • airlines;
  • taxi companies;
  • airport-transfer providers;
  • car-hire companies;
  • restaurants;
  • golf clubs;
  • excursion operators;
  • boat-charter companies;
  • private chefs;
  • wellness providers;
  • childcare providers;
  • medical providers; and
  • other tourism or hospitality businesses.

22.3 Role of Villa Cascata

Unless expressly confirmed otherwise in writing, Villa Cascata acts only as an introducer or source of local information.

Any contract for a third-party service is made directly between:

  • the Guest; and
  • the relevant supplier.

Villa Cascata is not normally a party to that contract.


22.4 Supplier Responsibilities

The independent supplier is responsible for:

  • its prices;
  • availability;
  • booking terms;
  • cancellation conditions;
  • staff;
  • equipment;
  • licences;
  • insurance;
  • safety arrangements;
  • service standards; and
  • performance of the service.

Guests should review the supplier’s terms before confirming any booking.


22.5 Recommendations

Any recommendation or introduction made by Villa Cascata is provided in good faith and may be based on:

  • local knowledge;
  • previous Guest experience;
  • previous dealings;
  • location;
  • availability; or
  • general reputation.

A recommendation does not constitute a guarantee of:

  • quality;
  • availability;
  • price;
  • suitability;
  • safety;
  • reliability; or
  • performance.

Guests remain responsible for deciding whether a third-party service is suitable for their requirements.


22.6 Payment

Unless otherwise agreed:

  • payment must be made directly to the supplier;
  • prices are set by the supplier;
  • deposits may be required;
  • cancellation charges are governed by the supplier’s terms; and
  • Villa Cascata is not responsible for processing refunds.

Where Villa Cascata collects a payment on behalf of a supplier, the payment arrangement will be explained before confirmation.


22.7 Delays, Cancellations and Insolvency

Villa Cascata will not normally be responsible for:

  • delays;
  • cancellations;
  • missed collections;
  • supplier insolvency;
  • price changes;
  • service interruptions;
  • failure to provide the service;
  • loss caused by a supplier’s staff; or
  • another act or omission of an independent provider.

Nothing in this clause excludes liability arising from Villa Cascata’s own negligence, misrepresentation or any liability that cannot lawfully be excluded.


22.8 Activities and Excursions

Guests participating in excursions or activities must:

  • follow the provider’s instructions;
  • disclose relevant health conditions;
  • comply with age, weight and ability restrictions;
  • use required safety equipment;
  • avoid participation while impaired by alcohol or drugs; and
  • ensure that suitable insurance is in place.

Participation is subject to the provider’s own terms and risk arrangements.


22.9 Medical Providers

Any medical advice, treatment or service is supplied independently by the relevant healthcare provider.

Villa Cascata may assist Guests in identifying local medical services but does not:

  • provide medical advice;
  • diagnose illness;
  • recommend treatment;
  • guarantee provider availability; or
  • accept responsibility for clinical decisions.

In an emergency, Guests should call 112.


22.10 Complaints

A complaint concerning an independent supplier should be raised directly with that supplier as soon as possible.

Guests may also notify Villa Cascata where it made the introduction.

Villa Cascata may assist with communication but cannot guarantee the outcome of a dispute between the Guest and the supplier.


22.11 Full Third-Party Terms

This chapter should be read together with Chapter 15.

Where there is any inconsistency, the more detailed provisions of Chapter 15 will apply, subject to mandatory law.


CHAPTER 23

Force Majeure and Events Beyond Our Control

23.1 Purpose of this Chapter

This chapter explains how events outside the reasonable control of Villa Cascata or the Lead Guest may affect the booking.

A Force Majeure event does not automatically end the booking or create an automatic entitlement to a full refund.

The effect of the event will depend upon:

  • its nature;
  • its duration;
  • its effect on the Accommodation;
  • the services that can still be provided;
  • the selected booking terms;
  • any Booking Platform conditions;
  • available insurance; and
  • mandatory consumer law.

23.2 Meaning of Force Majeure

A Force Majeure event is an exceptional event or circumstance that:

  • is beyond the reasonable control of the affected party;
  • could not reasonably have been prevented or avoided;
  • materially prevents or delays performance of a contractual obligation; and
  • is not caused by the affected party’s own negligence or breach.

23.3 Examples of Force Majeure

Force Majeure events may include:

  • severe storms;
  • wildfire;
  • flooding;
  • earthquake;
  • tsunami;
  • extreme heat;
  • drought;
  • water restrictions;
  • natural disasters;
  • pandemic or epidemic;
  • public-health emergencies;
  • government restrictions;
  • border closures;
  • mandatory quarantine;
  • war or armed conflict;
  • terrorism;
  • civil unrest;
  • riots;
  • mandatory evacuation;
  • airport closures;
  • air-traffic-control restrictions;
  • port closures;
  • widespread industrial disputes;
  • major transport disruption;
  • regional utility failures;
  • telecommunications failures;
  • public-authority action; and
  • another comparable event outside reasonable control.

This list is illustrative and not exhaustive.


23.4 Events Not Normally Treated as Force Majeure

The following will not normally be treated as Force Majeure unless directly caused by a qualifying external event:

  • a change of personal plans;
  • failure to obtain a passport or visa;
  • failure to arrange transport;
  • an ordinary flight delay;
  • insufficient personal funds;
  • failure to obtain insurance;
  • work commitments;
  • minor illness;
  • reluctance to travel;
  • dissatisfaction with normal weather conditions;
  • a mistake made by the Guest; or
  • an avoidable failure caused by the party relying on this clause.

23.5 Notification

A party affected by a Force Majeure event should notify the other party as soon as reasonably practicable.

The notice should explain, where known:

  • the nature of the event;
  • its effect on the booking;
  • the likely duration;
  • the steps being taken;
  • any available alternatives; and
  • any action required from the other party.

23.6 Duty to Reduce Disruption

Both parties must take reasonable steps to minimise the effect of a Force Majeure event where safe and practicable.

Villa Cascata may seek to:

  • arrange emergency maintenance;
  • restore essential services;
  • provide temporary equipment;
  • communicate with utility providers;
  • adjust check-in arrangements;
  • identify possible alternative accommodation;
  • provide updated safety information; or
  • offer revised dates where appropriate.

The Lead Guest may be expected to:

  • follow official guidance;
  • cooperate with safety instructions;
  • contact insurers;
  • avoid unnecessary additional loss;
  • use reasonable alternative arrangements; and
  • provide accurate travel information.

23.7 Safety Takes Priority

Where a Force Majeure event creates a risk to life, health or property, safety will take priority over continuation of the booking.

Villa Cascata may take reasonable emergency action, including:

  • restricting access;
  • requiring evacuation;
  • suspending use of part of the property;
  • following public-authority instructions;
  • arranging urgent repairs; or
  • terminating occupation where the Accommodation cannot safely or lawfully be used.

23.8 Wildfire and Extreme Weather

During periods of wildfire risk or extreme weather, Guests must comply with:

  • emergency-service advice;
  • civil-protection warnings;
  • evacuation instructions;
  • road restrictions;
  • fire-prevention rules;
  • restrictions on flames or outdoor cooking; and
  • instructions issued by the Property Manager or Condominium.

Fireworks, Chinese lanterns, unauthorised barbecues and open flames remain prohibited.


23.9 Water Shortage and Drought

Portuguese authorities or utility providers may impose:

  • reduced water pressure;
  • supply restrictions;
  • limits on pool or garden use;
  • scheduled interruptions;
  • hosepipe restrictions; or
  • emergency conservation measures.

Guests must comply with such restrictions.

A restriction imposed by a competent authority does not automatically amount to a breach by Villa Cascata.


23.10 Utility Failures

A regional or public utility failure may temporarily affect:

  • electricity;
  • water;
  • hot water;
  • air conditioning;
  • internet;
  • television;
  • access systems; or
  • communal facilities.

Villa Cascata will use reasonable efforts to:

  • identify the cause;
  • report the fault;
  • provide available updates;
  • arrange repairs where the issue is within its control; and
  • provide a reasonable temporary solution where practicable.

Immediate restoration cannot be guaranteed.


23.11 Transport Disruption

Villa Cascata is not responsible for disruption affecting:

  • airlines;
  • airports;
  • ferries;
  • rail services;
  • taxis;
  • car hire;
  • roads;
  • border controls; or
  • public transport.

Transport disruption does not automatically alter the check-in, check-out, cancellation or refund terms of the booking.

Guests should contact the transport provider and their insurer promptly.


23.12 Public-Health Emergencies

Where a public-health emergency occurs, Guests must comply with any lawful requirements relating to:

  • testing;
  • quarantine;
  • isolation;
  • travel restrictions;
  • sanitation;
  • reporting;
  • occupancy; and
  • access by public authorities.

Villa Cascata may introduce reasonable temporary safety measures where necessary.


23.13 Government and Public-Authority Action

A booking may be affected by:

  • an evacuation order;
  • a safety restriction;
  • closure of a development;
  • road-access restrictions;
  • public-health orders;
  • occupancy restrictions;
  • changes to accommodation law; or
  • another mandatory public-authority instruction.

Villa Cascata must comply with lawful instructions even where this disrupts the booking.


23.14 Emergency Repairs

Unexpected damage may require immediate repair before or during a stay.

Examples include:

  • serious water leaks;
  • electrical danger;
  • structural damage;
  • fire damage;
  • drainage failure;
  • unsafe glass;
  • failed access systems; or
  • another defect making occupation unsafe.

Where the Accommodation cannot safely be occupied, Villa Cascata may suspend, delay or cancel occupation.


23.15 Temporary Disruption

Where the Accommodation remains substantially usable despite temporary disruption, Villa Cascata may:

  • continue the booking;
  • arrange repair;
  • provide an alternative facility;
  • restrict access to an affected area; or
  • offer another reasonable solution.

Minor or temporary inconvenience does not automatically create an entitlement to cancel or receive a full refund.

This does not affect mandatory legal rights.


23.16 Accommodation Becomes Unavailable

Where Villa Cascata becomes unsafe, unlawful or materially unsuitable for occupation because of a Force Majeure event, Villa Cascata may:

  • delay check-in;
  • suspend occupation;
  • cancel the booking;
  • terminate the remaining stay; or
  • offer an alternative arrangement.

The Lead Guest will be informed as soon as reasonably practicable.


23.17 Alternative Accommodation

Villa Cascata may assist in identifying alternative accommodation where practicable.

However:

  • availability cannot be guaranteed;
  • the alternative may differ in location, facilities or standard;
  • the alternative may cost more;
  • the Guest is not required to accept it; and
  • no replacement booking will be confirmed without agreement.

Any contribution by Villa Cascata toward an alternative must be confirmed in writing.


23.18 Change of Dates or Credit

Villa Cascata may, where appropriate, offer:

  • revised stay dates;
  • a booking credit;
  • postponement;
  • a partial refund;
  • an alternative service; or
  • another reasonable arrangement.

Any revised arrangement may be subject to:

  • availability;
  • seasonal price differences;
  • an expiry date;
  • revised occupancy information;
  • non-transferability; and
  • written acceptance.

23.19 Refunds

Any refund entitlement arising from a Force Majeure event will be determined according to:

  • the confirmed booking terms;
  • the service actually provided;
  • payments received by Villa Cascata;
  • payments retained by a Booking Platform;
  • the timing and effect of the event;
  • any accepted alternative arrangement; and
  • mandatory consumer law.

Villa Cascata is not responsible for refunding amounts it did not receive or control, but will provide reasonable assistance where a Booking Platform must process the refund.


23.20 Additional Guest Expenses

Unless liability arises under mandatory law or an express written agreement, Villa Cascata will not normally be responsible for consequential expenses, including:

  • replacement flights;
  • additional hotels;
  • meals;
  • transport;
  • loss of earnings;
  • missed events;
  • unused excursions;
  • car hire;
  • telephone costs; or
  • another indirect loss.

Guests should seek recovery through their travel insurer or the relevant service provider.


23.21 Limitation of Liability

Neither Villa Cascata nor the Lead Guest will be liable for failure to perform an obligation to the extent that performance is genuinely prevented by a Force Majeure event.

This protection does not apply where:

  • the loss was caused by negligence;
  • reasonable preventative steps were not taken;
  • the event was avoidable;
  • the party was already in breach;
  • the loss arose from fraud or misrepresentation; or
  • liability cannot lawfully be excluded.

23.22 Travel Insurance

Guests are strongly advised to obtain comprehensive travel insurance immediately after confirming the booking.

The policy should be reviewed to ensure that it covers relevant risks, including:

  • cancellation;
  • curtailment;
  • natural disasters;
  • wildfire;
  • travel disruption;
  • public-health emergencies;
  • medical expenses;
  • evacuation;
  • missed departure; and
  • additional accommodation.

The absence of insurance does not transfer an uninsured loss to Villa Cascata.


23.23 Mandatory Consumer Rights

Nothing in this chapter removes or limits any mandatory right available to a Guest under applicable consumer law.

Where a provision conflicts with a mandatory legal right, the mandatory right will prevail.


23.24 Relationship with Chapter 6

This chapter should be read together with Chapter 6.

Chapter 6 governs general:

  • cancellations;
  • amendments;
  • no-shows;
  • curtailment; and
  • booking changes.

This chapter applies specifically where performance is affected by an event beyond reasonable control.


CHAPTER 24

Insurance and Guest Responsibility

24.1 Importance of Insurance

Guests are strongly advised to obtain comprehensive travel insurance immediately after the reservation is confirmed.

Neither Villa Cascata nor the Owner provides travel insurance on behalf of Guests.

The rental price does not include:

  • travel insurance;
  • cancellation insurance;
  • medical insurance;
  • personal-accident insurance;
  • insurance for personal belongings; or
  • personal-liability insurance.

24.2 Guest Responsibility

The Lead Guest is responsible for ensuring that:

  • suitable insurance is obtained;
  • every member of the Booking Party is appropriately covered;
  • the destination and travel dates are correct;
  • relevant medical conditions are disclosed;
  • planned activities are covered;
  • policy limits are adequate;
  • exclusions are understood; and
  • the policy remains valid throughout the trip.

Each Guest should consider whether separate or specialist cover is required.


24.3 Timing of Insurance

Insurance should be obtained as soon as the booking is confirmed rather than shortly before travel.

Cancellation risks may arise at any time between:

  • booking;
  • payment;
  • travel; and
  • departure from Villa Cascata.

Some policies do not cover circumstances known before the insurance was purchased.


24.4 Recommended Cover

Guests should consider insurance covering:

  • cancellation;
  • curtailment;
  • medical expenses;
  • emergency medical treatment;
  • hospitalisation;
  • repatriation;
  • personal accident;
  • personal liability;
  • loss or theft of baggage;
  • delayed baggage;
  • passports and travel documents;
  • cash and valuables;
  • flight delay;
  • missed departure;
  • travel disruption;
  • natural disasters;
  • wildfire;
  • public-health emergencies;
  • legal expenses;
  • car-hire excess; and
  • planned activities.

This list is guidance only and is not a substitute for professional insurance advice.


24.5 Policy Terms and Exclusions

Guests should carefully review:

  • policy limits;
  • excesses;
  • exclusions;
  • disclosure requirements;
  • age limits;
  • medical exclusions;
  • activity exclusions;
  • destination restrictions;
  • cancellation conditions; and
  • claims deadlines.

Villa Cascata cannot advise whether a particular insurance policy is suitable.


24.6 Pre-existing Medical Conditions

Guests must comply with their insurer’s requirements concerning:

  • pre-existing medical conditions;
  • current medication;
  • recent treatment;
  • pregnancy;
  • hospital attendance;
  • pending investigations; and
  • travelling against medical advice.

Failure to disclose relevant information may invalidate insurance cover.


24.7 Medical Insurance

Guests should ensure that they have suitable medical cover for Portugal.

The policy should be considered for:

  • emergency treatment;
  • hospital admission;
  • ambulance costs;
  • private medical care;
  • specialist treatment;
  • prescribed medication;
  • repatriation; and
  • treatment following an accident.

Villa Cascata does not provide medical treatment or medical insurance.


24.8 EHIC and GHIC

Eligible travellers may be able to use a valid European Health Insurance Card or Global Health Insurance Card for certain state-provided healthcare.

Guests should not assume that these cards provide the same protection as comprehensive travel insurance.

They may not cover:

  • private treatment;
  • repatriation;
  • cancellation;
  • curtailment;
  • personal liability;
  • lost belongings;
  • specialist rescue; or
  • all local healthcare charges.

Guests should check current official guidance before travelling.


24.9 Medication and Medical Equipment

Guests are responsible for travelling with:

  • sufficient medication;
  • prescriptions where required;
  • safely packed medical equipment;
  • supporting medical documentation;
  • replacement supplies; and
  • appropriate insurance.

Medication must be stored safely and away from children.

Specialist storage cannot be guaranteed unless agreed in writing before arrival.


24.10 Cancellation Cover

Guests should ensure that their policy provides suitable cancellation cover.

Relevant risks may include:

  • illness;
  • injury;
  • bereavement;
  • redundancy;
  • jury service;
  • serious damage to the Guest’s home;
  • pregnancy complications;
  • transport failure;
  • adverse weather;
  • wildfire;
  • public-health restrictions; and
  • another insured event.

A decision not to travel does not automatically create a refund entitlement under the booking contract.


24.11 Curtailment Cover

Curtailment insurance may assist where a Guest must leave the Accommodation before the confirmed departure date because of an insured event.

The absence of curtailment insurance does not make Villa Cascata responsible for unused nights where the early departure is not caused by a breach of the accommodation contract.


24.12 Travel Disruption

Guests should consider cover for:

  • delayed or cancelled flights;
  • missed connections;
  • missed departures;
  • airport closures;
  • industrial action;
  • public-transport disruption;
  • additional accommodation; and
  • replacement travel arrangements.

Villa Cascata is not responsible for the performance of transport providers.


24.13 Personal Belongings

Guests remain responsible for their personal belongings throughout the stay.

This includes:

  • cash;
  • jewellery;
  • watches;
  • mobile telephones;
  • cameras;
  • laptops;
  • tablets;
  • passports;
  • travel documents;
  • clothing;
  • luggage;
  • sports equipment;
  • bicycles; and
  • other valuables.

Guests should maintain appropriate insurance and take reasonable security precautions.


24.14 Cash and Valuables

Guests are advised to:

  • avoid carrying unnecessary cash;
  • keep valuables out of sight;
  • use any available safe appropriately;
  • lock doors and windows;
  • avoid leaving valuables in vehicles;
  • maintain records of valuable items; and
  • retain receipts or photographs where helpful for insurance purposes.

Provision of a safe does not create unlimited liability for items stored within it.


24.15 Passports and Travel Documents

Guests should keep passports and travel documents secure.

Where a passport or official document is lost or stolen, the Guest should:

  1. contact the appropriate police authority;
  2. contact the relevant embassy or consulate;
  3. notify their insurer;
  4. retain copies of reports and receipts; and
  5. inform the Property Manager where reasonable assistance is required.

Villa Cascata is not responsible for replacement-document costs unless liability arises from its own negligence.


24.16 Electronic Devices

Guests remain responsible for:

  • securing devices;
  • protecting passwords;
  • backing up data;
  • using suitable chargers;
  • preventing water damage;
  • maintaining cybersecurity; and
  • insuring valuable equipment.

Villa Cascata is not responsible for personal data loss or malfunction caused by a Guest’s own equipment.


24.17 Personal Liability Insurance

Guests should consider insurance covering liability for:

  • accidental injury to another person;
  • damage to Villa Cascata;
  • damage to Communal Areas;
  • damage to neighbouring property;
  • damage caused by children;
  • damage caused by an authorised animal; and
  • another accidental loss arising from Guest conduct.

Personal-liability insurance does not limit the Owner’s right to recover a genuine contractual loss.


24.18 Damage to Villa Cascata

The Owner’s property insurance does not remove the responsibility of the Lead Guest for damage caused by:

  • negligence;
  • misuse;
  • prohibited activity;
  • deliberate conduct;
  • breach of the House Rules; or
  • an Authorised Visitor.

Claims for damage will be handled in accordance with Chapter 5.


24.19 Security Deposit and Insurance

The Security Deposit is not a substitute for travel insurance or personal-liability insurance.

The Security Deposit:

  • may not cover the full amount of a loss;
  • does not insure personal belongings;
  • does not cover medical expenses;
  • does not cover cancellation;
  • does not cover travel disruption; and
  • does not prevent a Guest from making an insurance claim.

Liability may exceed the amount of the Security Deposit.


24.20 Motor Vehicles

Vehicles parked within Cascata Village or the underground garage remain the responsibility of the vehicle owner.

Guests should ensure that their motor insurance covers:

  • driving in Portugal;
  • all authorised drivers;
  • theft;
  • accidental damage;
  • fire;
  • vandalism;
  • breakdown;
  • roadside assistance; and
  • any required international documentation.

Parking does not amount to acceptance of responsibility for the vehicle or its contents.


24.21 Vehicle Security

Guests should:

  • lock the vehicle;
  • close windows;
  • avoid leaving valuables visible;
  • retain keys securely;
  • park only in Bay C;
  • comply with garage rules; and
  • report suspicious activity.

Villa Cascata will not normally be liable for theft or damage caused by an independent third party.


24.22 Car Hire

Where Guests hire a vehicle, they should review:

  • collision-damage waivers;
  • excess amounts;
  • tyre and glass exclusions;
  • fuel policies;
  • driver restrictions;
  • deposit requirements;
  • territorial limits;
  • breakdown arrangements; and
  • damage-reporting procedures.

Villa Cascata is not responsible for the terms or conduct of a car-hire company.


24.23 Bicycles and Sports Equipment

Guests bringing or hiring bicycles or sports equipment should ensure that they are:

  • appropriately insured;
  • stored safely;
  • secured against theft;
  • not left in Communal Areas;
  • not used inside Villa Cascata where damage may occur; and
  • used in accordance with local law.

Storage should be agreed before arrival where equipment is large or valuable.


24.24 Independent Activities

Guests may choose to participate in activities including:

  • water sports;
  • boat trips;
  • golf;
  • cycling;
  • horse riding;
  • hiking;
  • quad-bike excursions;
  • scooter hire;
  • vehicle hire;
  • diving;
  • fishing; and
  • other excursions.

Guests must assess:

  • their health;
  • ability;
  • experience;
  • the provider’s credentials;
  • safety arrangements; and
  • the adequacy of their insurance.

24.25 High-Risk Activities

Some insurance policies exclude or restrict:

  • motorised water sports;
  • diving;
  • quad bikes;
  • scooters;
  • jet skis;
  • climbing;
  • extreme sports;
  • racing;
  • off-road driving; and
  • activities undertaken without qualified supervision.

Guests should obtain specialist cover where necessary.


24.26 Alcohol, Drugs and Insurance

Insurance cover may be affected where an accident or loss occurs while a Guest is impaired by alcohol or drugs.

Guests should review their policy and behave responsibly.

Villa Cascata is not responsible for an insurer’s decision to reject a claim.


24.27 Independent Providers

Where an activity or service is supplied by an independent provider, that provider is responsible for:

  • its insurance;
  • licences;
  • equipment;
  • staff;
  • risk assessments;
  • safety instructions;
  • service delivery; and
  • compliance with applicable law.

Villa Cascata’s role in relation to third-party providers is governed by Chapters 15 and 22.


24.28 Owner’s Property Insurance

The Owner may maintain insurance appropriate for Villa Cascata and its ownership.

Such insurance is primarily intended to protect:

  • the building;
  • the Owner’s contents;
  • the Owner’s legal interests;
  • certain property-related liabilities; and
  • other insured risks stated within the policy.

The precise cover remains subject to the terms, conditions and exclusions of the Owner’s insurance policy.


24.29 No Cover for Guest Property

The Owner’s insurance does not normally cover:

  • Guest cash;
  • jewellery;
  • electronic devices;
  • luggage;
  • passports;
  • personal possessions;
  • vehicles;
  • bicycles;
  • medical expenses;
  • cancellation; or
  • the Guest’s personal liability.

Guests must arrange their own insurance cover.


24.30 Reporting Loss, Theft or Damage

A Guest who suffers a loss or becomes aware of damage should report it promptly.

Depending on the circumstances, the Guest may need to contact:

  • the Property Manager;
  • the Portuguese police;
  • emergency services;
  • the Booking Platform;
  • their insurer;
  • the activity provider;
  • the car-hire company; or
  • another relevant organisation.

24.31 Evidence for Insurance Claims

Guests should preserve reasonable evidence, including:

  • photographs;
  • police reports;
  • receipts;
  • medical reports;
  • witness details;
  • booking confirmations;
  • damaged items;
  • correspondence; and
  • proof of ownership.

Villa Cascata may provide factual information reasonably available to assist a legitimate claim but cannot determine whether an insurer will accept it.


24.32 Cooperation with Insurers

Where appropriate, Villa Cascata may cooperate with a reasonable request from:

  • the Guest’s insurer;
  • the Owner’s insurer;
  • a loss adjuster;
  • a legal representative; or
  • another authorised claims handler.

Information will be disclosed only where there is a lawful basis.


24.33 No Admission of Liability

Providing assistance, arranging repairs, reporting an incident or communicating with an insurer does not constitute an admission of legal liability by:

  • Villa Cascata;
  • the Owner;
  • the Property Manager; or
  • the Condominium.

No Guest may make an admission of liability on behalf of those parties.


24.34 Uninsured Losses

Where a Guest chooses not to obtain suitable insurance, any resulting uninsured loss remains the Guest’s responsibility unless Villa Cascata is legally responsible for that loss.

The absence of insurance does not increase or extend Villa Cascata’s contractual obligations.


24.35 Mandatory Legal Rights

Nothing in this chapter excludes or limits liability for:

  • death or personal injury caused by negligence;
  • fraud;
  • fraudulent misrepresentation;
  • wilful misconduct; or
  • any liability that cannot lawfully be excluded.

All exclusions and limitations must be interpreted subject to mandatory Portuguese law and any applicable consumer rights.

CHAPTER 25

Liability

25.1 Our Duty of Care

Villa Cascata is committed to taking reasonable care to provide Accommodation that is:

  • safe for normal residential holiday use;
  • properly prepared before arrival;
  • reasonably clean and hygienic;
  • maintained to an appropriate standard;
  • accurately described in all material respects; and
  • supplied with the facilities and services stated in the Booking Confirmation.

Reasonable care will also be taken to:

  • maintain safety equipment;
  • respond to reported hazards;
  • investigate material defects;
  • arrange necessary repairs within a reasonable period;
  • provide accurate information to the best of our knowledge; and
  • comply with applicable legal obligations.

The precise response to a problem will depend on its nature, seriousness, contractor availability, access requirements and whether the issue is within Villa Cascata’s reasonable control.


25.2 Private Holiday Accommodation

Villa Cascata is a privately owned holiday home and not a hotel, serviced resort or continuously staffed accommodation business.

Unless expressly stated otherwise, Villa Cascata does not provide:

  • twenty-four-hour reception;
  • daily housekeeping;
  • room service;
  • permanent on-site maintenance staff;
  • lifeguard supervision;
  • medical care;
  • childcare;
  • personal security services; or
  • continuous monitoring of Guest activity.

Emergency and Property Manager contact information will be supplied before arrival.


25.3 Guest Responsibility

Guests are responsible for:

  • their own conduct;
  • the conduct of children under their supervision;
  • the conduct of members of the Booking Party;
  • the conduct of Authorised Visitors;
  • using the Accommodation and facilities properly;
  • following safety instructions;
  • complying with these Terms & Conditions;
  • complying with the House Rules;
  • complying with the Cascata Village Condominium Regulations;
  • complying with Portuguese law; and
  • taking reasonable steps to protect themselves, their belongings and the property.

The Lead Guest remains responsible for communicating relevant obligations to the Booking Party.


25.4 Personal Injury

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence where such liability cannot lawfully be excluded or limited.

Guests must nevertheless:

  • exercise reasonable care;
  • use facilities for their intended purposes;
  • follow safety signs and instructions;
  • supervise children appropriately;
  • avoid dangerous conduct;
  • report hazards promptly; and
  • seek medical or emergency assistance where required.

A Guest’s own conduct may be taken into account when determining responsibility for an accident or injury.


25.5 Fraud and Deliberate Misconduct

Nothing in these Terms excludes or limits liability for:

  • fraud;
  • fraudulent misrepresentation;
  • wilful misconduct; or
  • any liability that cannot lawfully be excluded.

No provision of these Terms should be interpreted as permitting Villa Cascata to avoid responsibility for its own unlawful conduct.


25.6 Direct and Foreseeable Loss

Subject to applicable law, Villa Cascata will normally be responsible only for loss that:

  • arises directly from a proven breach of contract or legal duty;
  • was reasonably foreseeable when the booking was made; and
  • has been reasonably evidenced.

Guests must take reasonable steps to minimise any loss.


25.7 Indirect and Consequential Loss

To the fullest extent permitted by law, Villa Cascata will not normally be responsible for indirect, consequential or purely economic loss not directly caused by a breach of the accommodation contract.

This may include:

  • loss of earnings;
  • loss of business;
  • lost commercial opportunity;
  • missed appointments;
  • missed events;
  • reputational loss;
  • trading losses;
  • loss arising from remote working interruption;
  • loss caused by travel-provider failure; or
  • another loss not directly connected with the provision of the Accommodation.

This clause does not apply where such liability cannot lawfully be excluded.


25.8 Circumstances Beyond Reasonable Control

Villa Cascata will not normally be responsible for loss, delay, inconvenience or disruption caused by circumstances outside its reasonable control.

Examples include:

  • adverse weather;
  • wildfire;
  • flooding;
  • public utility interruptions;
  • telecommunications failures;
  • roadworks;
  • transport disruption;
  • government action;
  • public-authority decisions;
  • emergency restrictions;
  • industrial action;
  • building works at neighbouring properties;
  • noise originating outside Villa Cascata;
  • actions of neighbouring residents;
  • temporary closure of local attractions;
  • interruption of communal services; and
  • other Force Majeure events.

Such circumstances are governed more fully by Chapter 23.


25.9 Neighbouring Properties and External Noise

Villa Cascata cannot control all activity occurring:

  • inside neighbouring properties;
  • within Communal Areas;
  • on public roads;
  • at nearby businesses;
  • on surrounding land; or
  • as a result of public works.

Villa Cascata will not normally be liable for ordinary residential, traffic, maintenance or community noise outside its control.

Where Villa Cascata is aware before arrival of a specific issue likely to cause substantial and unusual disruption, reasonable efforts will be made to inform the Lead Guest.


25.10 Building and Maintenance Work

Building, repair or maintenance work may occasionally take place:

  • at neighbouring properties;
  • within Cascata Village;
  • on public infrastructure;
  • within Communal Areas; or
  • by utility providers.

Villa Cascata does not control work commissioned by independent property owners, the Condominium or public authorities.

Where advance information concerning material disruption is received, reasonable efforts will be made to notify the Lead Guest.


25.11 Communal Facilities

Communal facilities are managed or controlled by the Cascata Village Condominium rather than exclusively by Villa Cascata.

These may include:

  • swimming pools;
  • communal gardens;
  • walkways;
  • access gates;
  • underground parking infrastructure;
  • lighting;
  • landscaped areas; and
  • security systems.

Villa Cascata cannot guarantee that every Communal Area will remain continuously available.

Access may be affected by:

  • maintenance;
  • repair;
  • safety concerns;
  • seasonal rules;
  • opening hours;
  • capacity limits;
  • Condominium decisions; or
  • public-authority requirements.

25.12 Public and Third-Party Facilities

Villa Cascata has no control over facilities operated by independent organisations or public authorities, including:

  • beaches;
  • roads;
  • public transport;
  • restaurants;
  • supermarkets;
  • golf courses;
  • leisure facilities;
  • medical services;
  • attractions;
  • airports; and
  • tourism businesses.

Villa Cascata does not guarantee their:

  • availability;
  • opening hours;
  • maintenance;
  • pricing;
  • safety;
  • quality; or
  • continued operation.

Third-party services are governed by Chapters 15 and 22.


25.13 Information About Local Services

Information concerning local services, attractions, restaurants and businesses may be provided for Guest convenience.

Reasonable efforts may be made to keep information accurate. However:

  • opening hours may change;
  • businesses may close;
  • prices may change;
  • services may be withdrawn;
  • seasonal restrictions may apply; and
  • information may become outdated.

Guests should confirm important arrangements directly with the relevant provider.


25.14 Guest Negligence and Misuse

Villa Cascata will not normally be responsible for loss or injury caused wholly or partly by:

  • failure to secure the property;
  • failure to supervise children;
  • unsafe pool behaviour;
  • misuse of equipment;
  • disregard of safety guidance;
  • excessive alcohol consumption;
  • illegal drug use;
  • interference with safety equipment;
  • unauthorised repairs;
  • use of a known defective item after warning;
  • breach of these Terms;
  • breach of the Condominium Regulations; or
  • unlawful conduct.

The extent of each party’s responsibility will be determined according to the circumstances and applicable law.


25.15 Personal Belongings

Guests remain responsible for their own belongings.

Villa Cascata will not normally be liable for loss, theft or damage to:

  • money;
  • jewellery;
  • passports;
  • travel documents;
  • electronic devices;
  • luggage;
  • clothing;
  • sports equipment;
  • bicycles;
  • vehicles; or
  • other personal possessions.

This does not apply where the loss was directly caused by negligence or another legal responsibility of Villa Cascata.

Guests should maintain suitable insurance in accordance with Chapter 24.


25.16 Vehicles

Vehicles and their contents are parked within Cascata Village at the vehicle owner’s risk.

Villa Cascata will not normally be responsible for:

  • theft;
  • vandalism;
  • accidental damage;
  • fire;
  • mechanical failure;
  • damage caused by another vehicle;
  • damage caused by a third party; or
  • loss of items left inside a vehicle.

This does not exclude liability arising from Villa Cascata’s own negligence where such liability cannot lawfully be excluded.


25.17 Guest Devices and Data

Villa Cascata is not responsible for:

  • failure of a Guest’s device;
  • software incompatibility;
  • loss of personal data;
  • cyberattack affecting a Guest’s device;
  • forgotten passwords;
  • personal-account security;
  • damage caused by unsuitable chargers; or
  • inability to access a particular online service.

Guests are responsible for securing and backing up their devices and information.


25.18 Medical Matters

Villa Cascata does not provide:

  • medical advice;
  • diagnosis;
  • nursing;
  • medication;
  • treatment; or
  • emergency medical transport.

Information about local medical providers may be supplied as a convenience but does not constitute a medical recommendation.

In an emergency, Guests should call 112.


25.19 Allergies and Medical Requirements

Guests with allergies, disabilities, medical conditions or other individual requirements should raise material needs before booking.

Villa Cascata will provide relevant information reasonably available to it but cannot guarantee:

  • a completely allergen-free environment;
  • medical-grade sanitation;
  • specialist medical facilities;
  • continuous refrigeration for medication during utility failure; or
  • suitability for every personal requirement

unless expressly agreed in writing.


25.20 Loss of Enjoyment and Subjective Expectations

Villa Cascata aims to provide an enjoyable and high-quality holiday experience.

However, personal expectations and preferences vary.

Except where required by law, Villa Cascata will not normally be liable for claims based solely on:

  • disappointment;
  • personal preference;
  • dislike of décor;
  • dissatisfaction with ordinary weather;
  • subjective assessment of comfort;
  • normal residential noise;
  • personal dislike of the local area; or
  • loss of enjoyment where the Accommodation has been provided substantially as described.

25.21 Failure to Report a Problem

Guests should report a material concern as soon as reasonably possible.

Where a Guest fails to report an issue during the stay and Villa Cascata is denied a reasonable opportunity to:

  • inspect;
  • investigate;
  • repair;
  • replace;
  • clean; or
  • offer an alternative solution,

this may be taken into account when assessing any later claim.

Failure to report an issue does not remove a mandatory legal right but may affect the evidence available and whether a loss could reasonably have been avoided.


25.22 Duty to Minimise Loss

Both parties must take reasonable steps to reduce avoidable loss.

Guests should not:

  • continue using unsafe equipment;
  • allow a leak to continue without reporting it;
  • permit avoidable damage to worsen;
  • incur unreasonable replacement costs without consultation; or
  • reject a reasonable remedy without proper cause.

Villa Cascata should likewise take reasonable steps to investigate and address a material issue within its control.


25.23 Guest Financial Responsibility

The Lead Guest may be responsible for reasonable losses properly attributable to the Booking Party or Authorised Visitors, including:

  • damage;
  • missing items;
  • excessive cleaning;
  • replacement of keys or access devices;
  • damage to Communal Areas;
  • emergency call-outs;
  • security attendance;
  • breach of the Condominium Regulations; and
  • other costs recoverable under these Terms.

Such claims will be handled under Chapter 5.


25.24 No Arbitrary Penalties

Villa Cascata will seek to recover genuine losses and reasonable costs rather than impose arbitrary or disproportionate penalties.

Nothing in this clause prevents the recovery of:

  • a specifically agreed charge;
  • a Booking Platform charge;
  • a lawful Condominium penalty; or
  • another amount properly recoverable under applicable law.

25.25 Liability Cap

To the fullest extent permitted by law, Villa Cascata’s total contractual liability for a booking will not normally exceed the total accommodation price paid or payable directly to Villa Cascata for that booking.

This limitation does not apply to:

  • death or personal injury caused by negligence;
  • fraud;
  • fraudulent misrepresentation;
  • wilful misconduct;
  • liability arising under mandatory consumer law; or
  • any liability that cannot lawfully be limited.

25.26 Mandatory Consumer Rights

Nothing in this chapter excludes, limits or removes any mandatory right or remedy available under applicable Portuguese or other consumer law.

Where any limitation conflicts with mandatory law, the mandatory legal provision will prevail.


CHAPTER 26

Complaints, Dispute Resolution and Legal Matters

26.1 Commitment to Guest Service

Villa Cascata is committed to providing:

  • high-quality Accommodation;
  • accurate information;
  • courteous communication;
  • fair treatment;
  • prompt investigation of genuine concerns; and
  • reasonable remedies where appropriate.

Guests are encouraged to raise concerns promptly so that they can be considered while the relevant facts remain available.


26.2 Reporting a Problem During the Stay

Any issue affecting the stay should be reported to the Property Manager as soon as reasonably possible.

Examples include:

  • cleanliness concerns;
  • missing items;
  • appliance failures;
  • water leaks;
  • electrical faults;
  • air-conditioning problems;
  • hot-water issues;
  • internet faults;
  • safety concerns;
  • access problems;
  • damage identified on arrival;
  • disturbance; and
  • problems with an included service.

The contact method supplied in the Arrival Information should be used.


26.3 Emergencies

Where an issue presents an immediate risk to:

  • life;
  • health;
  • safety;
  • security; or
  • property,

Guests should call the Portuguese emergency services on 112 before contacting the Property Manager.

Villa Cascata should be informed as soon as it is safe to do so.


26.4 Information to Provide

When reporting a problem, the Guest should provide, where available:

  • the Lead Guest’s name;
  • the Booking Reference;
  • the location of the issue;
  • a clear description;
  • the time it was identified;
  • whether anyone is at risk;
  • photographs or video;
  • details of any steps already taken; and
  • a suitable contact number.

Accurate information helps Villa Cascata respond appropriately.


26.5 Opportunity to Investigate

Guests must provide Villa Cascata with a reasonable opportunity to:

  • inspect the issue;
  • establish the cause;
  • arrange access;
  • appoint a contractor;
  • repair or replace an item;
  • provide an alternative facility;
  • correct a cleanliness concern; or
  • offer another reasonable remedy.

The Guest must not unreasonably refuse access where it is necessary to investigate or correct the matter.


26.6 Reasonable Response Times

The response time will depend upon:

  • the nature and seriousness of the issue;
  • whether there is an immediate safety risk;
  • the time of day;
  • contractor availability;
  • parts availability;
  • local holidays;
  • access requirements; and
  • whether the issue is within Villa Cascata’s control.

Emergency concerns will be prioritised.

A non-essential fault may not be capable of immediate correction.


26.7 Temporary Remedies

Where an immediate permanent repair is not practicable, Villa Cascata may offer a reasonable temporary remedy.

This may include:

  • replacement equipment;
  • an alternative room or facility;
  • temporary heating or cooling equipment;
  • contractor attendance;
  • access to another available service;
  • a change to housekeeping arrangements; or
  • another proportionate solution.

Acceptance of a temporary remedy does not remove any mandatory legal right.


26.8 Complaint Escalation During the Stay

Where the initial response does not resolve the concern, the Lead Guest should notify the Property Manager promptly and explain:

  • why the issue remains unresolved;
  • what further problem has arisen;
  • whether the proposed remedy failed; and
  • what reasonable outcome is being requested.

This gives Villa Cascata a final opportunity to address the matter during the stay.


26.9 Complaints Raised After Departure

Where a matter remains unresolved, the Lead Guest should submit a written complaint as soon as reasonably possible and preferably within 14 days after departure.

The 14-day period assists with investigation but does not remove any mandatory statutory limitation period.

A complaint submitted after a substantial delay may be more difficult to investigate.


26.10 Content of a Written Complaint

A written complaint should include:

  • the Lead Guest’s name;
  • Booking Reference;
  • arrival and departure dates;
  • a clear description of the issue;
  • when and how it was reported;
  • the response received;
  • photographs or other evidence;
  • details of any claimed loss;
  • receipts or invoices where relevant; and
  • the outcome requested.

Complaints should be factual, complete and supported by available evidence.


26.11 Acknowledgement and Response

Villa Cascata will aim to acknowledge a written complaint within a reasonable period.

The investigation may require:

  • review of correspondence;
  • inspection records;
  • contractor reports;
  • housekeeping records;
  • photographs;
  • statements;
  • Booking Platform records;
  • evidence from the Condominium; or
  • consultation with an insurer or legal adviser.

A substantive response will be provided as soon as reasonably practicable.


26.12 Guest Cooperation

Guests must cooperate reasonably with the investigation of a complaint.

This may include:

  • providing additional information;
  • supplying photographs;
  • identifying witnesses;
  • permitting inspection during the stay;
  • preserving damaged items;
  • supplying receipts; and
  • responding to reasonable questions.

Villa Cascata is not required to accept unsupported allegations as established fact.


26.13 Fair Consideration

Complaints will be considered with reference to:

  • the Booking Confirmation;
  • these Terms & Conditions;
  • the property description;
  • communications between the parties;
  • the seriousness and duration of the issue;
  • the steps taken to correct it;
  • the effect on the Accommodation;
  • whether the Guest reported it promptly;
  • whether a reasonable remedy was offered;
  • supporting evidence; and
  • applicable law.

26.14 Possible Outcomes

Depending on the circumstances, Villa Cascata may offer:

  • an explanation;
  • an apology;
  • corrective work;
  • replacement of a facility;
  • additional housekeeping;
  • reimbursement of a reasonable evidenced expense;
  • a partial refund;
  • a booking credit;
  • another goodwill gesture; or
  • rejection of the complaint with reasons.

A goodwill gesture does not necessarily constitute an admission of legal liability.


26.15 Claims for Compensation

Any claim for compensation must be:

  • reasonably related to the actual issue;
  • supported by appropriate evidence;
  • proportionate;
  • limited to recoverable loss; and
  • subject to applicable law.

Villa Cascata will not normally compensate for:

  • unsupported estimates;
  • exaggerated claims;
  • indirect loss;
  • avoidable costs;
  • loss caused by Guest conduct; or
  • an issue that could reasonably have been corrected but was not reported.

26.16 Booking Platform Complaints

Where the reservation was made through a Booking Platform, the Guest may also be required to use that platform’s:

  • messaging process;
  • complaint procedure;
  • resolution centre;
  • damage process;
  • refund procedure; or
  • evidence requirements.

Villa Cascata may communicate and provide evidence through the platform.


26.17 Payment Disputes and Chargebacks

Before initiating a chargeback or payment reversal, the Guest should raise the concern directly with Villa Cascata or the relevant Booking Platform.

Where a chargeback is initiated, Villa Cascata may provide:

  • the Booking Confirmation;
  • payment records;
  • acceptance evidence;
  • correspondence;
  • access records;
  • inspection records;
  • photographs; and
  • other relevant information

to the payment provider.

Nothing in this clause prevents a Guest from exercising a genuine legal right to dispute a payment.


26.18 Amicable Resolution

Both parties are encouraged to attempt to resolve a dispute fairly and without unnecessary legal proceedings.

This may involve:

  • direct discussion;
  • written negotiation;
  • exchange of evidence;
  • an agreed compromise;
  • a Booking Platform resolution process; or
  • mediation.

Neither party is required to accept an unreasonable settlement.


26.19 Alternative Dispute Resolution

Where appropriate and available, the parties may consider using an independent alternative dispute-resolution body or mediation service.

The applicable body may depend on:

  • the location of the Accommodation;
  • the Guest’s place of residence;
  • the nature of the dispute;
  • Portuguese consumer law; and
  • any Booking Platform procedure.

Participation will be subject to any mandatory legal requirement and the rules of the relevant body.


26.20 Consumer Complaints Procedures

Where required by Portuguese law, Villa Cascata will provide information about any applicable:

  • official complaints book;
  • electronic complaints mechanism;
  • consumer arbitration centre;
  • regulatory authority; or
  • mandatory dispute-resolution process.

The legally required details should be stated in the published version of these Terms or the Booking Confirmation.


26.21 Legal Proceedings

Legal proceedings should normally be considered only after reasonable attempts to resolve the dispute have failed.

Nothing in these Terms prevents either party from:

  • seeking urgent legal relief;
  • protecting a limitation period;
  • reporting criminal conduct;
  • making an insurance claim;
  • enforcing a mandatory consumer right; or
  • commencing proceedings where required.

26.22 Governing Law

These Terms & Conditions and the accommodation contract are governed by the laws of Portugal.

This does not remove any mandatory consumer rights that apply under the law of the Guest’s country of residence where those rights cannot lawfully be excluded.


26.23 Jurisdiction

Subject to mandatory consumer-law provisions, disputes arising from the booking will ordinarily be determined by the competent courts of Portugal.

Nothing in this clause prevents a consumer from relying on any mandatory right to bring proceedings in another competent jurisdiction.


26.24 Evidence and Records

The parties may rely upon relevant evidence, including:

  • Booking Confirmations;
  • website terms;
  • emails;
  • Booking Platform messages;
  • payment records;
  • access records;
  • photographs;
  • videos;
  • inspection reports;
  • inventories;
  • contractor reports;
  • witness statements; and
  • complaint correspondence.

Electronic records may be used as evidence where permitted by law.


26.25 Confidentiality of Settlement Discussions

Where the parties enter genuine settlement discussions, they may agree that communications are confidential or made without prejudice to their legal positions, to the extent recognised by applicable law.

This does not prevent disclosure where required by law or to obtain professional advice.


26.26 Contact Details

All correspondence relating to complaints or legal notices should be sent using the official contact details stated in:

  • the Booking Confirmation;
  • the Villa Cascata website;
  • the Privacy Notice; or
  • official correspondence issued by the Owner or Property Manager.

Guests should retain copies of all material communications.


CHAPTER 27

General Legal Provisions

27.1 Purpose of these Terms

These Terms & Conditions establish the contractual relationship between the Owner of Villa Cascata and the Lead Guest.

Their purpose is to:

  • define the rights and responsibilities of the parties;
  • explain how bookings are formed;
  • establish the Conditions of Stay;
  • protect Guests, residents and the Owner;
  • promote safe and responsible occupation;
  • support compliance with Portuguese law;
  • support compliance with the Cascata Village Condominium Regulations; and
  • provide a clear process for resolving concerns.

27.2 Documents Forming the Agreement

The booking agreement may include:

  • these Terms & Conditions;
  • the Booking Confirmation;
  • the selected rate and cancellation terms;
  • the Villa Cascata House Rules;
  • the Guest Code of Conduct;
  • Arrival Information;
  • Departure Instructions;
  • the Property Guide;
  • the Privacy Notice;
  • applicable Condominium Regulations;
  • agreed special conditions; and
  • relevant Booking Platform terms.

These documents must be read together.


27.3 Order of Priority

Where there is a direct inconsistency between booking documents, the following order will normally apply:

  1. mandatory law;
  2. any written special condition expressly agreed for the booking;
  3. the Booking Confirmation and selected rate conditions;
  4. applicable Booking Platform terms governing the platform transaction;
  5. these Terms & Conditions;
  6. the House Rules and operational guidance.

This order applies only to the extent necessary to resolve the inconsistency.


27.4 Interpretation

Unless the context requires otherwise:

  • words in the singular include the plural;
  • words in the plural include the singular;
  • references to a person include an individual, company or organisation;
  • “including” means “including without limitation”;
  • clause headings are for convenience only;
  • references to legislation include amendments and replacement legislation; and
  • references to writing include permitted electronic communications.

27.5 Defined Terms

Words and expressions defined in Chapter 1 have the same meaning throughout these Terms.

Where another chapter contains a more specific definition, that definition applies to that chapter.


27.6 Mandatory Law

Guests must comply with:

  • applicable Portuguese law;
  • public-authority instructions;
  • health and safety requirements;
  • the Cascata Village Condominium Regulations; and
  • any other mandatory rule applying to the Accommodation.

Where any provision of these Terms conflicts with mandatory law, the mandatory legal requirement will prevail.


27.7 Amendments Before Booking

Villa Cascata may amend these Terms before a booking is confirmed to reflect:

  • changes in legislation;
  • changes to the Condominium Regulations;
  • operational improvements;
  • safety requirements;
  • technological developments;
  • changes to services; or
  • updated booking procedures.

The version presented when the booking is confirmed will normally apply.


27.8 Amendments After Confirmation

A material term of a confirmed booking will not normally be changed without the Lead Guest’s agreement unless:

  • the change is required by law;
  • the change is required by a competent authority;
  • the change is necessary for immediate health or safety reasons;
  • the change reflects a mandatory Condominium requirement; or
  • the change does not materially disadvantage the Guest.

The Lead Guest will be informed of a material change as soon as reasonably practicable.


27.9 Entire Agreement

The documents identified in Clause 27.2 constitute the entire agreement between the parties concerning the booking.

They replace previous:

  • discussions;
  • negotiations;
  • correspondence;
  • proposals; and
  • representations

except where expressly incorporated into the agreement.

Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.


27.10 Verbal Statements

A verbal statement will not vary the booking contract unless it is:

  • made by an authorised person;
  • confirmed in writing; and
  • accepted as part of the booking.

Guests should request written confirmation of any arrangement that is important to their decision to book.


27.11 Electronic Communications

Communication may take place through:

  • email;
  • Booking Platform messaging;
  • SMS;
  • secure booking systems;
  • electronic forms;
  • digital Guest portals; or
  • another agreed electronic method.

Electronic communications may satisfy a requirement for writing where permitted by law.


27.12 Electronic Acceptance

Acceptance of these Terms may be demonstrated by:

  • completing the booking;
  • paying a deposit;
  • paying the balance;
  • accepting the Booking Confirmation;
  • using a Booking Platform acceptance mechanism;
  • receiving access details;
  • entering the Accommodation; or
  • occupying Villa Cascata.

A handwritten signature is not required where a binding agreement has otherwise been formed.


27.13 Electronic Signatures

Where an electronic signature is used, it may have the same legal effect as a handwritten signature to the extent permitted by law.

An electronic signature is additional evidence of acceptance and is not the only method by which acceptance may occur.


27.14 Authority of the Lead Guest

The Lead Guest confirms that they:

  • are authorised to make the booking;
  • have authority to act for the Booking Party;
  • will provide relevant information to other Guests;
  • will ensure compliance with these Terms; and
  • will remain the principal contact for the reservation.

Villa Cascata may rely on instructions received from the Lead Guest unless it is informed otherwise in writing.


27.15 Assignment by the Lead Guest

The Lead Guest must not:

  • assign the booking;
  • sell the reservation;
  • transfer contractual rights;
  • sublet the Accommodation; or
  • permit another person to take control of the booking

without prior written approval.

Any approved transfer remains subject to Chapter 6.


27.16 Appointment of Representatives

The Owner may appoint:

  • a Property Manager;
  • booking administrator;
  • housekeeper;
  • maintenance contractor;
  • security provider;
  • accountant;
  • lawyer;
  • insurer; or
  • other authorised representative

to perform or assist with obligations under the booking.

Appointment of a representative does not remove any legal responsibility that remains with the Owner.


27.17 Third-Party Rights

Except where expressly stated or required by law, a person who is not a party to the accommodation contract does not acquire an independent right to enforce these Terms.

This does not prevent:

  • an authorised representative acting for the Owner;
  • an insurer exercising subrogated rights;
  • the Condominium enforcing its own Regulations; or
  • a public authority exercising statutory powers.

27.18 Severability

If any provision is found to be invalid, unlawful or unenforceable, it will be modified or removed only to the minimum extent necessary.

The remaining provisions will continue in force.


27.19 Waiver

A failure or delay in enforcing a right does not amount to a permanent waiver.

A waiver:

  • must be clear;
  • applies only to the particular circumstances; and
  • does not automatically waive a later breach.

27.20 Cumulative Rights

Rights and remedies under these Terms are cumulative unless expressly stated otherwise.

Using one remedy does not necessarily prevent the use of another lawful remedy.


27.21 Notices

A formal notice under the booking agreement should be sent using the official contact details supplied for the booking.

A notice may be delivered by:

  • email;
  • Booking Platform messaging;
  • another agreed electronic method; or
  • post where appropriate.

The sender should retain evidence of delivery.


27.22 Language

These Terms are written in English for the convenience of international Guests.

A Portuguese or other translated version may also be provided.

Where an inconsistency arises:

  • mandatory Portuguese law will prevail;
  • any legally required Portuguese wording will prevail; and
  • subject to those requirements, the version identified as legally controlling in the Booking Confirmation will apply.

A translation should not be treated as inferior merely because it is not the English version where mandatory law provides otherwise.


27.23 Intellectual Property

Unless otherwise stated, materials created for Villa Cascata remain the intellectual property of the Owner or relevant rights holder.

These may include:

  • photographs;
  • branding;
  • logos;
  • written Terms;
  • Guest handbooks;
  • digital guides;
  • property descriptions;
  • maps;
  • floor plans;
  • videos; and
  • website material.

Guests may use these materials for private booking and holiday purposes only.


27.24 Prohibited Use of Villa Cascata Materials

Without prior written permission, Guests must not:

  • reproduce material commercially;
  • publish the full Guest Handbook;
  • copy branding;
  • use photographs to advertise another property;
  • create misleading listings;
  • distribute access instructions;
  • publish security information; or
  • represent themselves as connected with Villa Cascata.

This clause does not prevent a Guest from making lawful personal use, providing evidence in a dispute or exercising a legal right.


27.25 Guest Photographs and Reviews

Guests may take ordinary personal holiday photographs, subject to:

  • privacy;
  • drone restrictions;
  • commercial-use restrictions;
  • Condominium rules; and
  • respect for neighbouring residents.

Guests must not publish:

  • private information concerning residents;
  • access codes;
  • security details;
  • images taken unlawfully;
  • defamatory material; or
  • content infringing another person’s rights.

Nothing in this clause prevents an honest and lawful review.


27.26 Fraud Prevention

Villa Cascata may take reasonable steps to prevent:

  • fraudulent payment;
  • identity fraud;
  • unauthorised card use;
  • false bookings;
  • chargeback abuse;
  • unlawful occupation;
  • money laundering; and
  • other deceptive conduct.

These steps may include identity verification, payment checks and communication with authorised providers.


27.27 Suspected Fraud

Where there are reasonable grounds to suspect fraud, Villa Cascata may:

  • request additional identification;
  • delay confirmation;
  • refuse access;
  • cancel the booking;
  • contact the Booking Platform;
  • contact the payment provider;
  • preserve relevant evidence; or
  • report the matter to a competent authority.

Any action taken will be proportionate and subject to applicable law.


27.28 Confidential and Security Information

Guests must keep confidential:

  • access codes;
  • key-safe details;
  • alarm information;
  • private contact information;
  • internal security procedures; and
  • other information clearly identified as confidential.

This obligation may continue after departure where disclosure would create a security risk.


27.29 Contact Details

The official contact details for Villa Cascata are those stated in:

  • the Booking Confirmation;
  • the official Villa Cascata website;
  • the Privacy Notice;
  • the Arrival Information; or
  • official correspondence from the Owner or Property Manager.

Guests should be cautious of payment or access instructions sent from an unverified address or telephone number.


27.30 Governing Law

The booking agreement is governed by Portuguese law, subject to any mandatory consumer rights that cannot lawfully be excluded.


CHAPTER 28

Final Acceptance and Guest Responsibilities

28.1 Our Commitment to Guests

Villa Cascata takes pride in providing a high-quality private holiday home where Guests can relax and enjoy the Algarve.

We are committed to:

  • maintaining the property to an appropriate standard;
  • preparing it professionally before arrival;
  • communicating clearly;
  • responding to genuine concerns;
  • respecting Guest privacy;
  • treating Guests fairly; and
  • complying with applicable law.

In return, Guests are asked to respect:

  • Villa Cascata;
  • its contents and facilities;
  • neighbouring residents;
  • staff and contractors;
  • Communal Areas; and
  • the peaceful character of Cascata Village.

28.2 Contractual Acceptance

These Terms & Conditions form part of every booking at Villa Cascata.

By:

  • making a reservation;
  • paying any deposit or balance;
  • accepting the Booking Confirmation;
  • receiving access information;
  • accepting keys;
  • entering Villa Cascata; or
  • occupying the Accommodation,

the Lead Guest confirms acceptance of these Terms & Conditions.

No separate signature or Guest Declaration is required for the contract to become binding.


28.3 Opportunity to Review the Terms

The Lead Guest confirms that the Terms were made available through one or more of the following:

  • the Villa Cascata website;
  • the booking process;
  • the Booking Platform;
  • the Booking Confirmation;
  • email;
  • a digital Guest portal;
  • the Guest Handbook; or
  • another written method.

The Lead Guest is responsible for reviewing the Terms before proceeding with the booking or occupation.


28.4 Lead Guest Authority

The Lead Guest confirms that they:

  • are legally capable of entering into the booking contract;
  • satisfy the applicable minimum-age requirement;
  • are authorised to act for the Booking Party;
  • have supplied accurate information;
  • accept responsibility as the principal booking contact; and
  • will communicate relevant obligations to every Guest.

28.5 Responsibility for the Booking Party

The Lead Guest must ensure that every member of the Booking Party:

  • has access to the relevant Terms and House Rules;
  • understands the important safety requirements;
  • respects the maximum occupancy;
  • complies with the Condominium Regulations;
  • respects neighbouring residents;
  • uses the property responsibly; and
  • complies with Portuguese law.

The Lead Guest is responsible for the conduct of Authorised Visitors in accordance with these Terms.


28.6 Conditions of Occupation

Every Guest occupying Villa Cascata agrees to:

  • use the Accommodation only for lawful holiday purposes;
  • treat the property with reasonable care;
  • comply with the House Rules;
  • follow safety guidance;
  • supervise children appropriately;
  • respect Quiet Hours;
  • use Communal Areas responsibly;
  • keep access information confidential;
  • report faults and hazards promptly;
  • report accidental damage;
  • cooperate with necessary repairs; and
  • leave the property in a reasonable condition.

28.7 Community Responsibilities

Guests acknowledge that Villa Cascata is located within a private residential condominium.

Guests must respect:

  • permanent residents;
  • neighbouring owners;
  • families and children;
  • shared facilities;
  • parking arrangements;
  • landscaping;
  • security systems; and
  • the Cascata Village Condominium Regulations.

The rights of other residents must be considered throughout the stay.


28.8 Financial Responsibility

The Lead Guest may be responsible for reasonable and properly evidenced costs arising from:

  • damage to Villa Cascata;
  • damage to Communal Areas;
  • missing items;
  • additional cleaning;
  • smoking or vaping inside;
  • unauthorised animals;
  • replacement of keys or access devices;
  • security call-outs;
  • unauthorised visitors;
  • prohibited events;
  • breaches of the Condominium Regulations; and
  • other genuine losses attributable to the Booking Party.

Such costs may be deducted from the Security Deposit or recovered separately in accordance with Chapter 5.


28.9 No Automatic Liability

Acceptance of these Terms does not make the Lead Guest automatically responsible for every defect, loss or complaint arising during the booking.

Any charge or claim must have a reasonable basis and will be assessed using available evidence.

Fair wear and tear will not be charged.


28.10 Personal Data

The Lead Guest acknowledges that personal information may be processed for:

  • administering the booking;
  • payment;
  • communication;
  • access arrangements;
  • statutory Guest registration;
  • safety;
  • security;
  • complaints;
  • damage claims;
  • accounting; and
  • compliance with legal obligations.

Personal data will be handled in accordance with Chapter 20 and the Villa Cascata Privacy Notice.


28.11 Information About Other Guests

The Lead Guest confirms that they are authorised to provide necessary booking and registration information relating to members of the Booking Party.

The Lead Guest must make relevant Guests aware that their information may be processed for lawful booking and registration purposes.


28.12 Accuracy of Information

The Lead Guest confirms that information supplied in connection with the booking is complete and accurate to the best of their knowledge.

Material changes must be reported promptly, including changes to:

  • Guest names;
  • occupancy;
  • contact details;
  • arrival arrangements;
  • vehicle details;
  • identification information; and
  • special requirements.

28.13 Safety Acknowledgement

Guests acknowledge that they must:

  • exercise reasonable personal care;
  • supervise children;
  • follow pool rules;
  • use balconies safely;
  • avoid tampering with safety equipment;
  • call 112 in an emergency;
  • report hazards; and
  • follow reasonable emergency instructions.

Nothing in this acknowledgement removes any legal duty owed by Villa Cascata.


28.14 Insurance Acknowledgement

Guests acknowledge that:

  • travel insurance is not included;
  • the Owner’s insurance does not normally cover Guest possessions;
  • the Security Deposit is not insurance;
  • medical and cancellation cover remain the Guest’s responsibility; and
  • suitable insurance is strongly recommended.

Insurance responsibilities are explained in Chapter 24.


28.15 Complaints and Remedy

Guests agree to report concerns promptly and allow Villa Cascata a reasonable opportunity to investigate and correct a problem.

Complaints will be handled in accordance with Chapter 26.

This obligation does not remove any mandatory legal right.


28.16 Electronic Evidence of Acceptance

Evidence of acceptance may include:

  • booking records;
  • payment records;
  • website acceptance records;
  • Booking Platform confirmations;
  • email correspondence;
  • electronic messages;
  • delivery of access information;
  • use of access codes;
  • check-in records; and
  • occupation of Villa Cascata.

Such evidence may be relied upon where permitted by applicable law.


28.17 No Signature Requirement

A handwritten or electronic signature may be requested as additional confirmation but is not required where acceptance has already occurred through the booking process or Guest conduct.

Failure to return a separate declaration does not prevent the Terms from applying where they were properly incorporated into the booking agreement.


28.18 Final Agreement

By proceeding with the booking and occupying Villa Cascata, the Lead Guest confirms that:

  • these Terms have been made available;
  • they accept the accommodation contract;
  • they will comply with the Conditions of Stay;
  • they will ensure the Booking Party complies;
  • they understand the main safety and community obligations; and
  • they accept reasonable financial responsibility for losses caused by the Booking Party or Authorised Visitors.

28.19 Final Welcome Message

Thank you for choosing Villa Cascata.

We hope you enjoy a relaxing, safe and memorable holiday in the Algarve.

Our aim is to provide exceptional private holiday accommodation while preserving the peaceful character, security and high standards of Cascata Village for residents, Guests and future visitors.

Should you require assistance during your stay, please use the contact information provided within your Arrival Information.

We wish you a safe journey and look forward to welcoming you to Villa Cascata.