Terms & Conditions.
These Terms and Conditions shall apply to the use of the facilities and services provided by Bloom Retreats LDA, ("BloomRetreats") registered address: Avenida do Infante 8, Ed. Executivo, Sala K, 9000-015, Funchal, Madeira, Portugal, by its customers and guests.
Date: 2nd October 2023
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
means a paying guest of the Podtel;
means BloomRetreats; and
means the prices payable for rooms and (where applicable) other facilities offered by the Podtel.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 "these Terms and Conditions" is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions; and
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular shall include the plural and vice versa.
1.5 References to any gender shall include the other genders.
2. Bookings and Reservations
2.1 Customers may make reservations in advance through Podtel website and partner plarforms.
2.2 When making reservations, Customers will be required to provide identification information including, but not limited to, their name, address, contact telephone number, nationality and email address.
2.3 Payment details will be required for all reservations. Unless the reservation is expressly stated to require payment at the time of reservation, no payment will be taken until such times as indicated in Clause 3 below.
2.4 Reservations booked in advance do not constitute a legally binding contract between the Podtel and the Customer until the Podtel confirms the reservation with the Customer and provides the Customer with a booking reference.
2.5 Reservations may be changed by the Customer at any time prior to arrival (subject to the cancellation provisions set out in Clause 4 below). The Podtel will use all reasonable endeavours to accommodate any changes requested but gives no guarantee that all changes will be accommodated.
2.6 Reservations are required. Customers may make bookings on arrival however the Podtel cannot guarantee the availability of rooms or other facilities for such bookings.
2.7 Customers may request additional nights at the Podtel at any time during their stay. The Podtel will use all reasonable endeavours to accommodate such requests if there is availability.
2.8 The Pods are installed in harsh climates were habitation may not traditionally be possible. Given that it is eco-friendly and self sustinable, all booking guests accept the fact that there may be times when the solar energy is not enough to run the pod including air conditioning, lighting and general machinery. The AI will automatically disable devices like air conditioning due to energy drain in order to preserve what is left until next sunrise. Guests will need to manage their stay around these conditions and refunds will not be provided in case of extreme cold or hot weather.
3. Fees and Payment
3.1 Details of Rates including, where applicable, promotional Rates and other special offers are available from the Podtel website's Booking system.
3.2 Rates and prices quoted when making reservations apply only to accommodation unless otherwise stated. Additional charges may apply for items including, but not limited to, meals, room service and wireless internet access. Customers will be informed of the prices payable for such additional items on arrival at the Podtel.
3.3 Subject to sub-Clause 3.4 below, Customers shall pay all sums due upon checking-in at the Podtel. Payment shall be against an invoice and must be made immediately, subject to any alternative agreement between the Podtel and the Customer.
3.4 The Podtel may from time to time offer promotional Rates. The following provisions apply:
3.4.1 Unless expressly stated otherwise, all reservations to which promotional Rates apply must be paid in full at the time of booking;
3.4.2 Additional charges incurred by the Customer during their stay will be invoiced and payable in accordance with sub-Clause 3.3 above; and
3.4.3 Additional nights requested under sub-Clause 2.7 above shall be charged at the standard Rate.
3.5 Advance payments made under sub-Clause 3.4 above are non-refundable.
3.6 Any deposits, booking fees or charges for extras (such as food, tours, late-checkout and all other non-accommodation products) taken at the time of reservation are non-refundable. In case of cancellation, subject to clause 4, Customers paying 100% will be refunded 100% unless a non-refundable deposit has been applied in which case the balance will be refunded.
3.7 The following payment methods are accepted by the Podtel:
3.7.1 Credit and Debit Cards - Visa, Mastercard, Maestro, Amex, Paypal, JCB;
4.1 Subject to sub-Clause 4.2 below, reservations can not be cancelled without charge to the Customer. It is possible to change the reservation dates for free only once, when atleast 7(seven) days notice prior to check-in date is given. Subject to the provisions of sub-Clause 3.6 above, any sums paid in advance to the Podtel shall not be refunded to the Customer.
4.2 In the event that the Customer has paid in advance under the provisions of sub-Clause 3.4, no refunds shall be made in the event of cancellation.
4.3 Failure to provide the required notice of cancellation shall result in the Customer being charged for accommodation at the Rate specified in their reservation. Any such payment shall be taken immediately using the payment details provided by the Customer when making their reservation.
4.3.1 Failure to provide the required notice of cancellation shall result in your subsequent nights, if any, being cancelled. So if you are delayed getting to us please call and we can try to amend your booking (subject to availability).
4.4 The Podtel may, from time to time, cancel a reservation. In the event of such cancellation, the Customer shall be informed immediately and shall be offered a full refund of any and all sums paid. Where a refund is offered under this sub-Clause 4.4 only, the provisions of sub-clauses 3.5 and 4.2 pertaining to advance payments shall not apply and a refund shall be payable.
4.5 The Podtel may, from time to time, cancel a reservation if the reservation exceeds 14 days.
5. Check-in and Check-out
5.1 Check-in time at the Podtel is at 3pm. Check-in before 3pm is permitted if the podtel is ready earlier and will be advised on your APP.
5.2 Check-out time at the Podtel is 12pm. Later check-out times may be possible by prior arrangement (and at the Podtel's discretion), however in the absence of such prior arrangement, failure to check-out by 12pm may result in the Customer being charged for an additional night's accommodation at the standard applicable Rate.
5.3 In the event of a pre-arranged late check-out under sub-Clause 5.2 above, the Podtel shall charge the Customer for such additional time at an hourly rate, details of which shall be provided to the Customer upon their request for a late check-out time.
6. Podtel Rules
6.1 We require an in date government approved - driver’s license, passport or national ID card at check-in.
6.2 Customers are required to conduct themselves in a reasonable and responsible manner at all times when on Podtel property and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in a Customer being asked to leave the Podtel in which event all sums due shall become immediately payable.
6.3 Smoking and drugs are not permitted in any indoor public areas of the Podtel.
6.4 Smoking and drugs is not permitted in any rooms.
6.5 Failure to adhere to the requirements of sub-Clause 6.3 shall result in the Customer being charged for any and all costs incurred by the Podtel in cleaning the room (including, but not limited to, fixtures, fittings and soft furnishings) and restoring it to a smoke-free environment.
6.6 No animals are allowed in the Podtel with the exception of guide dogs.
6.7 Children under the age of 18 may not stay at the Podtel unless accompanied by an adult aged at least 18.
6.8 Children under the age of 18 are only allowed to stay in rooms that are booked for use of one family or group of persons. Children under 18 years of age cannot share rooms with other guests that are not part of the family or group. Failure to adhear to this rule will result in automaic Cancellation with no refund given.
6.9.1 Customers must provide a card where 1000 euro safety deposit can be authorised. They will be charged for any and all damage caused by them to any Podtel property during their stay including missing items in the inventory. The deposit will be released after the Podtel staff have cleaned and verified the condition and inventory of the Podtel.
6.9.2 Discretion – All bookings are subjected to availability and the Capsule Podtel reserves the right to decline any booking at its discretion.
6.9.3 Inspection of Capsule – The Podtel reserves the right to inspect any capsule / locker / safe with valid reasons after guests checked in.
6.10 Smart Mobile Phone – The Podtel is completely automated and operates by an APP available on iPhone and Android platforms. It is a requirement for the guest to have a compatible smart phone without which they will not be able to access the podtels.
7. Food and Drink
7.1 Unless expressly indicated otherwise, food and drinks are not included in any Rates and will be charged for in accordance with sub-Clause 3.2 above.
7.2 Customers with special dietary requirements are advised to inform the Podtel of the same in advance of their arrival. The Podtel will use all reasonable endeavours to accommodate such requirements and, where this is not possible, inform the Customer of the same.
7.3 Customers will be informed of any changes on arrival.
8. Disabled Customers
8.1 The Podtel fully complies with all laws from time to time in force regulating the treatment of, and provision for, disabled Customers.
8.2 Customers with any special requirements pertaining to a disability should inform the Podtel of the same prior to their arrival.
9. Limitation of Liability
9.1 To the fullest extent permissible by law, the Podtel's liability for any loss or damage suffered by Customers shall be limited to that which arises out of the negligence of the Podtel's employees, subcontractors or agents.
9.2 Notwithstanding sub-Clause 10.1 above, the Podtel shall not be liable for any indirect loss or damage which may be suffered by a Customer including, but not limited to, loss of income, loss of business, loss of profits, loss of opportunity, loss of anticipated savings, loss of data or loss of enjoyment.
9.3 Nothing in these Terms and Conditions purports to limit or exclude the Podtel's liability for:
9.3.1 death or personal injury cased by the negligence of the Podtel, its employees, subcontractors or agents;
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any other matter for which it would be illegal for the Podtel to limit or exclude its liability.
10.1 The Customer's rights as a consumer under consumer protection legislation from time to time in force shall not be affected by these Terms and Conditions.
10.2 The Podtel may, from time to time, change these Terms and Conditions without notice, however it will use its reasonable endeavours to inform Customers as soon as is reasonably possible of any such changes.
11. Eviction Policy
11.1 The Podtel reserves the right to evict any guest, visitor or member of the public at any time for any anti-social behaviour, including but not limited to: Possession or usage of illegal drugs; Throwing objects out the Podtel windows; Spitting out the windows; Wilful damage to Podtel and/or guest property; Applying graffiti; Theft of any property; Sexual harassment; Loud and rowdy noise on the accommodation floors, rooms and rooftop; Physical or verbal assault or abuse of the Podtel staff, other guests, customers or members of the public on Podtel premises; Any behavior deemed as a potential safety threat to others; Any breach of the Party & Alcohol Consumption Policy; Any incident for which the police are required to attend; Smoking in any part of the premises; Intentional damage to, or interference with, fire services equipment which may also lead to civil and criminal prosecution; and Reckless conduct causing alarm or the Fire Brigade to attend the property shall incur a €2,000.00 fee.
11.2 Consequences of Eviction – No refund will be given to guests and guests as well as any associated person will be blacklisted and banned from entering the Podtel.
12. Use of Communications Facilities
12.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
12.1.1 You must not use obscene or vulgar language;
12.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
12.1.3 You must not submit Content that is intended to promote or incite violence;
12.1.4 It is advised that submissions are made using the English, French, Portuguese, German or Italian language(s) as we may be unable to respond to enquiries submitted in any other languages;
12.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
12.1.6 You must not impersonate other people, particularly employees and representatives of The Podtel or our affiliates; and
12.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
12.2 You acknowledge that The Podtel reserves the right to monitor any and all communications made to us or using our System.
12.3 You acknowledge that The Podtel may retain copies of any and all communications made to us or using our System.
12.4 You acknowledge that any information you send to us through our System or post on the reservation engine may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
13.1 In order to procure Services on this Website and to use the reservation engine facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
13.1.1 all information you submit is accurate and truthful;
13.1.2 you have permission to submit Payment Information where permission may be required; and
13.1.3 you will keep this information accurate and up-to-date.Your creation of an Account is further affirmation of your representation and warranty.
13.2 It is recommended that you do not share your Account details, particularly your username and password. The Podtel accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
13.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Podtel immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, The Podtel will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
13.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
We charge a 500 EUR security deposit to cover issues of damage, abuse of equipment, theft/takeaway for example e-scooters, lack of care in ensuring podtel is locked when away incase of any theft in that time, damage of any installation, replacement costs, abuse of fair usage of supplies provided in the podtel including luxury toiletry bottles that must not be removed from site even if empty.
15. Data Protection
The Podtel will not share Customers' personal data with any third parties for any reasons without the prior consent of the Customer concerned. Such data will only be collected, processed and held in accordance with the Podtel's rights and obligations arising under the provisions and principles of the Data Protection laws of EU.
16. No Waiver
No failure by the Podtel to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
18. Law and Jurisdiction
17.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Portugal.
17.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of Portugal.