Terms and Conditions of Use

1. Acceptance and amendments to the Terms and Conditions of Use

These Terms and Conditions of Use regulate the access and use of the website www.pestanaportocovobeach.com (hereinafter referred to as “Website”), owned by Pestana Properties – SIC Imobiliária Fechada S.A., with registered office at R Av. Duque de Ávila, 185, 4º D, 1050 – 082 Lisboa, Portugal, and with Tax ID number 517235722 (hereinafter referred to as “Pestana Properties”).

Browsing this Website implies that the User has accepted the Terms and Conditions of Use described below. No products or services will be sold through this Website, with its sole purpose being to present and promote the Pestana Porto Covo to Users and to give said Users the opportunity to contact Pestana Properties to obtain additional information.

The User must read these Terms and Conditions of Use carefully. If the User does not accept the Terms and Conditions of Use, the User must leave the Website.

2. Use of the Website

2.1. Obligations of the User

  1. The User may freely use the Website as long as these Terms and Conditions of Use are complied with, particularly with regard to intellectual property and personal data protection.
  2. The Users are solely responsible for their use of the Website’s content.
  3. The User, when using the Website, undertakes to:
    1. Fully read and understand these Terms and Conditions of Use, including the available information on privacy and cookies;
    2. Fully comply with these Terms and Conditions of Use;
    3. Acknowledge and respect the rights of third parties, including of other Users, and the rights of Pestana Properties, including, but not limited to, intellectual property rights and personal data protection;
    4. Behave responsibly and act in good faith at all times, both with respect to Pestana Properties and to other Users;
    5. Refrain from using a false identity or concealing their identity;
    6. Refrain from reproducing offensive and/or defamatory contents, or any contents that may violate the rights of Pestana Properties or of third parties;
    7. Refrain from conceiving and/or using any technological tools or measures, whether through computer programming or the use of pre-existing software, such as viruses, spyware, malware, rookies, trojans or ransomware, which are intended or apt to interrupt, destroy, limit the functionality or exploit any vulnerability of the Website, computer and/or communication equipment, and other systems;
    8. a) Refrain from accessing the Website through methods other than the interface, which must be used in accordance with the instructions provided by Pestana Properties;
    9. Refrain from carrying out any activities that are illegal, dangerous or against good customs through the Website;
    10. In case any defect, bug or anomaly is detected while using the Webite, immediately communicate its existence to Pestana Properties and refrain from seeking to access commercial information and/or the personal data of other users, or to alter the characteristics of the Website or, in any other manner, to exploit the defect, bug or anomaly to facilitate any illicit activities or the violation of third parties’ rights.
  4. O Utilizador poderá imprimir ou fazer com que terceiros imprimam qualquer material transferível para seu computador contido neste Site, desde que cumpridas as seguintes condições: 
    1. the material in question is solely for personal, non-commercial, use;
    2. no copyright or other proprietary notices are removed from the material;
    3. the material is not altered or edited in any way.

2.2. Transmission of information and messages through the Website

  1. Any message and/or other content transmitted by the User to or through this Website, whether by e-mail, file submission and/or any other way, shall be considered non-confidential and non-reserved.
  1. By transmitting a message to this Website, the User automatically grants Pestana Properties a free, unrestricted, perpetual, irrevocable and non-exclusive license for Pestana Properties to use, reproduce, modify, publish, edit, translate, distribute, perform and/or demand such a message separately and/or as part of any other content in any form, media or technology which is currently known or which may be developed in the future, and also to be able to sublicense such rights.
  1. The User acknowledges that Pestana Properties is free to use any ideas, concepts, know-how or techniques contained in any message that the User transmits to this Website for any purpose whatsoever including, but not limited to, the development, manufacture and/or commercialization of products, and that Pestana Properties shall not have to compensate the User, nor acknowledge the User in return for any such use.
  1. Pestana Properties shall not be held liable for any action or content transmitted by or between the User and/or any third party within or outside this Website.

3. Copyright, Trademarks and other Property Rights

  1. The content of this Website, including, but not limited to, brands, designs, logotypes, text, images, audio and video material, as well as the appearance, organization, layout of the Website and software code, is the exclusive property of Pestana Properties unless otherwise indicated. Pestana Properties is responsible for managing the Website and may, at any time, update, modify or eliminate any content, services, options and/or functions, as well as modify its presentation and configuration.
  1. Without prejudice to the provisions of Point 2.2. of these Terms and Conditions of Use, the User is not permitted to display, reproduce, distribute, modify, transmit and/or, in any other way, use material belonging to Pestana Properties, in any form, for any public and/or commercial purpose, without the prior and express written consent of Pestana Properties.
  1. Pestana Properties does not previously select or monitor the content of any messages transmitted to this Website by third parties and is therefore not responsible for the selection and/or monitoring of the content of any such messages.
  1. If notified, Pestana Properties may investigate whether any content transmitted to this Website is in violation of the Terms and Conditions of Use and may determine, at its sole discretion, to remove such content.
  1. Pestana Properties shall not be responsible or liable for any such content, including, but not limited to, any error, defamation, libel, slander, perfidy, omission, falsehood, obscenity, pornography, danger and/or inaccuracy contained therein. However, Pestana Properties will do its best efforts to guarantee the removal of any such content, once it is communicated or detected.

4. Exemption from guarantees

  1. Use of this Website is at the User’s sole risk. This Website and its content are provided without any guarantees to the User of any nature whatsoever, whether express or implied, including, but not limited to, commercial guarantees, guarantees of non-infringement of third party rights and warranties of fitness for a particular purpose, or any warranties that access to this Website will be uninterrupted and/or free from errors or disruptions, that this Website is secure and/or free from viruses and other harms to the User from any source, or that the information contained in this Website is complete, accurate and/or current.
  1. Additionally, should the option of a virtual visit to the development or to any of its properties be made available, Pestana Properties does not guarantee that the images, videos and/or other elements of the virtual visit correspond to the current state of the development and/or property or that they are error-free, complete, precise and/or current.
  1. Pestana Properties reserves the right to restrict and/or impede the User’s access to this Website and/or any part of it at any time, with or without prior notification.

5. Security and links to other Websites

  1. In spite of the efforts and technical/organizational measures implemented by Pestana Properties, as referred to in Point 4.1, due to the inherent uncertainty of internet navigation and system management, it is not possible to offer any guarantees that access to this Website shall be uninterrupted and/or free from errors or disturbances, and that this Website is secure and/or free from viruses and other harms to the User.
  1. Pestana Properties may, at any time and without prior notice, take the necessary measures to guarantee the integrity, security, continuity and/or quality of the Website, including the removal of content, access restrictions and other limitations.
  1. The Website contains links to third party websites. These links are provided solely for the User’s convenience. Pestana Properties does not endorse or take responsibility for any of these third party websites and shall not be liable for any content included in them. Access by the User to any of these third party websites is conducted at the User’s own risk.

6. Privacy and Data Protection

The processing of personal data collected from access and use of the Website shall be regulated according to our Privacy Policy, available here.

7. Limitation of Liability

  1. To the maximum extent permitted by applicable law, Pestana Properties, including, but not limited to, all its legal guardians, auxiliary administrators, employees and/or agents, shall not be liable to the User of the Website, for any possible damage, loss and/or injury (including, but not limited to, direct, indirect, incidental, special, consequential and punitive damages, along with lost profits and damages resulting from lost information and/or interruption of Website activity) arising out of or relating to the use and/or inability to use this Website and its content, whether based on warranty, contract, tort or any other legal grounds.
  1. Without prejudice to the foregoing, Pestana Properties’ liability, whether in its own name or through the action of its representatives and/or assistants, for breach of these Terms and Conditions of Use will always depend on the existence of intent or serious fault.
  1. The User shall be exclusively and solely liable for the use of the Website and its contents, including the content that the User transmits to this Website, the violation by the User of any third party rights and/or the violation by the User of the Terms and Conditions of Use. The User shall compensate Pestana Properties for any damages, losses, costs or expenses which may result from the User’s use of the Website in breach of the law or of these Terms and Conditions of Use.

8. Contacts and Complaints

  1. The User may contact Pestana Properties through the forms made available in the Website. in which you should enter your contact details.
  1. URP also provides an email address – pestanacostaalentejana@pestana.com – and two telephone contact lines for the sales stand: (+351) 967 197 234 and (+351) 934 409 283 (calls to the national mobile number) for any additional clarification of doubts.
  1. Additionally, the User may file a complaint through the Electronic Complaints Book through the following link.

9. Jurisdiction

Without prejudice to the mandatory legal norms that may be applicable, these Terms and Conditions of Use shall be governed and interpreted by and in accordance with the Portuguese Law. The User acknowledges and accepts that the jurisdiction of the Judicial Court of the District wherein Pestana Properties has its head office, with express waiver of any other, will be responsible for any action arising from and/or relating to these Terms and Conditions of Use and/or the use of the Website.

10. General Provisions

  1. If any provision of the Terms and Conditions of Use is found to be void, voidable, inapplicable, ineffective or unenforceable, or is otherwise found to be invalid by any competent court with jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.
  1. In the event of a declaration of invalidity within the terms of the above paragraph, the Terms and Conditions of Use shall, to the fullest extent permitted by law, be construed to have effects as similar as possible to the effects that were originally intended (even with the invalid provision).

11. Amendments to the Terms and Conditions of Use

In case there are reasonable grounds to do so, Pestana Properties may alter these Terms and Conditions of Use at any time and without prior warning to the User. The User must consult these Terms and Conditions of Use frequently and check for compliance with them when using the Website by confirming the date of the last version uploaded at the end of this document. Changes will not be applied retroactively. The User hereby accepts that legal, technical or commercial reasons which affect Pestana Properties shall be considered as reasonable grounds to alter these Terms and Conditions of Use. Changes regarding new functionalities of a service or changes made for legal reasons shall enter into force immediately. If the User does not accept the Website’s modified Terms and Conditions of Use, they must immediately stop using it.

September 12, 2024