LEGAL
NOTICE
TERMS AND CONDITIONS
1. Vermelho’s Website
By visiting or using the Vermelho website hosted at www.vermelhohotel.com or any of the information, data files, text, graphics, images, links, videos, audio files or other content made available by Vermelho, resources and services, including the newsletter, customers and users agree and accept these Terms of Use and the Privacy Policy available at https://www.vermelhohotel.com/privacy-policy/.
Reservations can be made through Vermelho’s website.
2. Ownership and intellectual property
Vermelho’s website is owned by the company Vermelho Mio, Unipessoal, Lda. with NIPC 516589369 and headquarters at Rua da Emenda, n.º 69, 1.º, 1200-169 Lisbon.
All information contained on the website and services and all data and information compiled by Vermelho associated with it (such as data files, written text, software, music, audio files or other equivalents, photographs, videos or other images) to which the customers and users have access as part of the services made available or through their use are considered contents of the same company Vermelho Mio, Unipessoal, Lda. with NIPC 516589369 and headquarters at Rua da Emenda, n. º 69, 1.º, 1200-169 Lisbon.
Customers or users are not allowed, in any way, partially or totally, to use, modify, lease, exchange, lend, sell, distribute or create a derivative work based on said contents and services.
Customers and users acknowledge and agree that the company Vermelho Mio, Unipessoal, Lda. owns and retains all intellectual property rights, whether nationally or internationally, registered or unregistered, relating to such content and services.
The company Vermelho Mio, Unipessoal, Lda. owns and retains all rights that are not expressly granted to customers and users in these Terms of Use.
Customers and users may not, under any circumstances, remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be affixed or contained in their content and services.
Customers and users do not have the right to use any of the registered marks, trademarks, service marks, logos, domain names and other distinctive brand features of Vermelho or of the company Vermelho Mio, Unipessoal, Lda..
3. Obligations and responsibilities of customers and users
When accessing, using and downloading materials from the Vermelho’s website, either by themselves and on their behalf or when representing the entity on behalf of whom they are acting, customers and users agree to comply with the provisions of these Terms of Use, guaranteeing to have powers to act on behalf of the third party it represents, if that is the case.
Access to the services by any means other than through the interface provided by Vermelho is expressly prohibited, as well as access (or attempt to access) through automated means (including the use of scripts or web crawlers).
It is expressly forbidden to use Vermelho’s website for purposes other than those for which it is intended, including illegal purposes or any other that may be considered harmful to Vermelho’s image.
It is also forbidden to create or introduce any type of virus or program that damages or contaminate the website of Vermelho, or to advise third parties to do so.
4. Usurpation and counterfeiting
The usurpation and counterfeiting, as well as the use of usurped or counterfeit content, as well as illegitimate identification and unfair competition are criminally punishable
5. Access to services and user account
In order to be able to access certain services and restricted areas of the website or within the scope of the registration process for creating a user account, the user may be asked for some Personal Data.
Customers and users shall indicate valid Personal Data and they shall be up to date, complete and accurate.
In the case of e-mails, customers and users shall indicate an e-mail address which they have the right to legitimately access.
With regard to their user account, customers and users are responsible for maintaining the confidentiality of their password. If they detect any illicit use of their account, they shall report it to Vermelho.
Customers and users are exclusively responsible for any emerging damages or loss of profits caused by their illicit conduct when using Vermelho’s website or the services and contents it makes available.
In the event that Vermelho deactivates or withdraws access to its account, customers and users accept that they may be prevented from accessing certain restricted areas of the website, their account details or any content therein.
6. Vermelho’s rights and obligations
Vermelho reserves the right, at any time and without the need for prior notification, to modify, add or remove parts of the Terms of Use, modify or terminate any services, remove or deactivate User Accounts whose content is illegal, offensive, threatening , defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms of Use, modify, replace, refuse access to the website or services, suspend or discontinue them, in whole or in part.
These changes will take effect from their placement/publicity on the website or from the date of sending any communications.
7. Software
Vermelho grants users a personal, free, non-transferable license to use the reservation interface on the website as part of the services provided. This license has the sole purpose of allowing the use of the reservation service as made available on the website, under the terms permitted by the Terms of Use.
Customers and users are not allowed to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the software or any part that composes it.
8. Disclaimer
The services are provided as they are available. Neither Vermelho nor Vermelho Mio, Unipessoal, Lda., give any type of guarantee regarding such services.
There are no conditions or warranties, including satisfactory quality, fitness for purpose or conformity with description, applicable to such services.
Any recommendation or information, oral or written, by Vermelho should not, and cannot, be interpreted as constituting a guarantee of any kind.
The use of the website and its services, as well as any materials downloaded or otherwise obtained through the use of these services, is carried out at the sole risk of the customers and users, who are solely responsible for any consequential damages and lost profits caused to the equipment on which she/he uses or views the website, services and materials available there.
These terms of use do not conflict with the rights provided for by the applicable legislation to which users are entitled as consumers and which they cannot waive even in the contractual scope.
To facilitate accessibility for customers and users, Vermelho may include links to websites that are owned or operated by third parties. However, Vermelho does not control their content nor can assume any responsibility for the materials created or published by such sites. When applicable, customers and users must review and accept the rules of these sites before using them.
The existence of a link on the website to a site that is not from Vermelho or from the company Vermelho Mio, Unipessoal, Lda. does not mean that they approve or even support such site or the products and services referred to or made available there.
O Vermelho and Vermelho Mio, Unipessoal, Lda. do not assume any liability towards customers and users for any damage resulting from the use of the Vermelho website and its services, including reservations.
Vermelho and Vermelho Mio, Unipessoal, Lda. do not assume any liability towards customers and users for any damages resulting from any judgment by customers or users as to the completeness, accuracy or existence of any advertisement or any relationship or transaction entered into with any advertiser whose advertising is displayed on the services or in the newsletter from Vermelho, from any changes that Vermelho may make to the services or any permanent or temporary cessation of the provision of services (or any functionalities of the services), from the elimination, corruption or storage error of any content or other communications data kept or transmitted by or through the use of the services, from the direct or indirect violation of the terms of use and from the failure to maintain the security and confidentiality of the password or user account details.
The responsibility of Vermelho and Vermelho Mio, Unipessoal, Lda. by way of compensation for any emerging damages and lost profits related to the site and the services caused by them, or by their representatives or assistants, it is limited to cases of willful misconduct or serious negligence.
If customers and users disagree, partially or totally, with the website or services, or with the terms of use, they only have the option to stop using the website or services and, when it exists, to demand cancellation of their user account.
9. Privacy Policy
The Privacy Policy is available at https://www.vermelhohotel.com/privacy-policy/. The document contains an explanation of the procedures adopted by Vermelho regarding the processing of personal data of its customers and users of Vermelho’s website.
10. Changing to the Terms of Use
Vermelho reserves the right to change these Terms of Use at any time, restricting itself to posting the changes on the website.
It is the sole responsibility of customers and users to verify and comply with the Terms of Use in each access and use.
The use of the website after publication of the changes constitutes acceptance of the Terms of Use in its updated version.
If a customer or user does not agree with the Terms of Use or its amendments, she/he must stop using the website and services immediately.
11. Legislation and competent jurisdiction
These Terms of Use are governed by Portuguese law.
The Court of the “Comarca of Setúbal” is competent to resolve any conflict related to the same and Vermelho, Vermelho Mio and customers and users expressly recognize and accept as being the competent, assigning to it, in case of doubt, such competence, thus excluding the possible competence of any other.
