Terms and Conditions
Haws® General Trip Booking Conditions
This document constitutes the general booking conditions (the “GCs”) of Haws Properties. The GCs will be accessible at the address https://stayhaws.com/ (the “Website”).
By making a booking with our Properties, you (the “Client” or “You”) accept these GCs, and acknowledge to be aware of our Privacy Protection Policy available HERE as well as our Cookies Notice available HERE.
PRELIMINARY ARTICLE – DEFINITIONS
“Client”: An adult natural person having full legal capacity during the subscription of the booking contract, or legal entity duly represented by a natural person having the role and legal capacity to represent it.
“Properties”: means hotel or tourism residence under the name of Haws for which it is possible for a Client to make a Booking.
“Room”: means hotel room, apartment, studio or residence.
The Properties are as follows:
“HAWS LISBON”: means the company Hub4Lisbon Unipessoal Lda. company under Portuguese law, with its head office located at Rua Maria n.25, 1170-014 Lisboa, Identification NIPC: 517198444. Haws Lisbon Property: Haws Lisbon, Rua Maria n.25, 1170-014 Lisboa,
Email: lisboa@stayhaws.kinsta.cloud
Telephone: +35
“HAWS”: means the company Hub4Lisbon Unipessoal Lda., established under Portuguese law, with its head office located at Rua Maria n.25, 1170-014 Lisboa, owning in particular the Haws brand under which the Properties are operated. For the needs of this document, HAWS acts in the name of and on behalf of all the Properties.
“Service(s)“: means in particular the accommodation services proposed and provided by the Properties, as well as all the ancillary services also proposed by the Properties (restauration, coworking facilities, extras, etc.).
“Booking(s)”: means any booking of a Service in one of the Haws Properties, whether made online, over the telephone or via email.
“Website”: electronic service, operated by HAWS on the internet network and accessible at the URL address https://stayhaws.com from a fixed or mobile terminal.
ARTICLE 1 – FIELD OF APPLICATION
1.1 Extent
These GCs are applied, without restriction nor reserve to all Bookings with Properties under the name of HAWS.
Specific particular conditions can however be applicable in the scope of group Bookings or for particular events.
1.2 Duration
These GCs are applied for the whole duration of commercialising the temporary accommodation services and other complementary services proposed by the Properties under the name of HAWS.
HAWS reserves the right, without notice or compensation, to temporarily or definitively close, totally or partially, the Properties, the Website, the online booking space or any other booking method.
HAWS will not be liable at all for damages of any nature which can result from a temporary unavailability of all or some of the Website or booking procedures.
HAWS reserves the right to adapt or modify these GCs at any time. In case of modification, the GCs in force at the time of the Booking will be applied.
1.3 Legal framework
These GCs are subject to the provisions of articles of the Decree Law 84/2021 of the Portuguese Consumer Code.
Any Booking is subject to these GCs, as well as to the particular conditions for each of the Services proposed by HAWS.
1.4 Purpose
These GCs define the rights and obligations of the parties in the scope of Service Bookings proposed by HAWS.
The GCs govern all the steps necessary for fulfilling and monitoring the Booking, its maintenance and its validity, and for the payment of the pertaining rate.
ARTICLE 2 – CAPACITY AND ACCEPTANCE OF THE CLIENT
Any Client acknowledges to have the capacity to enter into contact with the conditions described in the GCs presented below, i.e. to have legal majority and not be under supervision or guardianship. To this end, HAWS reserves the right to request the Client, at the time of their arrival in the Property, a document supporting their identity, indicating in particular their date of birth. Any minor person must be compulsorily accompanied by a person who justifies the parental authority over this minor. Concerning foreign Clients, they are obligated to fill in an individual policy sheet in the countries in question by such regulations:
In Morocco in line with the provisions relative to the Act No. 02-03 relative to the entry and stay of foreigners in the Kingdom of Morocco.
In France in line with the provisions of article R.611-42 of the Code of Entry and Residence of Foreigners.
The Client acknowledges that these GCs form an integral part of the Booking contract that they conclude with HAWS and that they made themselves aware, beforehand, of the validation of their Booking and have freely accepted all of its terms. The Client accepts therefore that the GCs, or any other contractual document informing them of the features of the particular Services and associated rates are presented to them online on the Website for the purpose of concluding the Booking contract. The Client declares therefore to have obtained from HAWS and the Properties, all the necessary information beforehand for their Booking.
Any Booking validation by the Client requires the prior acceptance of these GCs in their entirety. They have the ability to save and edit these GCs from the Website by using the standard functionalities of their browser and/or computer.
The Client accepts expressly that inputting the bank and/or credit card information required during the Booking process, the acceptance of these GCs and the validation of the Booking request (in particular, by the Client clicking on the button “Confirm”) constitute an electronic signature according to the Portuguese Decree-Law No. 290-D/99 and the Electronic Signature Ordinance, between the parties, the same value as a handwritten signature.
ARTICLE 3 – BOOKING
The Website offers the possibility for the Client to book a room in the Property of their choice, according to the transparent contractual rates with or without options or extras, which the Client is free to subscribe to.
The Client acknowledges to be aware of the features of the Property selected and the methods for Booking the Services available on the Website, and to have requested and obtained any necessary and/or complementary information to make their Booking in perfect knowledge.
The Client is solely responsible for the choice of the Services and their suitability for their needs, such that the liability of HAWS and the Properties cannot be sought at all in this regard.
For any booking made ahead of the opening of an Property: the Client acknowledges that it is subject to the opening of the Property and accessibility to the premises reserved on the date of the Client staying. In case of unavailability, the Client will be notified, at the latest, 45 (FORTY-FIVE) days before the planned arrival date. HAWS will then propose to the client a booking in an Property of another brand, depending on availability, of similar or lower standing. The Client will be free to accept the change of Property or to cancel the Booking.
In case of cancellation of the Booking by the Client, HAWS will proceed with refunding the paid deposit. In no case can HAWS be held responsible for a delay in opening or a change of proposed Property. The delay in the date of opening or the change of Property cannot give the right to any compensation in favour of the Client against HAWS or any other subsidiary of the group.
3.1 Online booking process
Bookings made by the Client can be made throughout a booking tool, accessible online on the Website.
The Booking is considered as accepted by the Client from the Booking process by clicking on the field, “Confirm”.
The Booking is considered as formed from the sending of the Booking confirmation by HAWS.
The Client is committed, prior to any Booking, to filling in the information requested. The Client attests that the information given is true and accurate.
The secure Booking procedure in particular comprises the following steps – being specified that, on the one hand, at each step, the page which is displayed includes the summary of the previous steps, and on the other hand, that it is always possible for the Client to abandon the Booking before definitively confirming it, or to back out in the Booking process, by clicking on the previous step to modify its data –:
- 1st step: choosing the place to stay: the Client determines the Property by a click, by choosing the city in which they want to stay;
- 2nd step: choosing the start date of the stay (check-in date) and the end date of the stay (check-out date) on the calendar;
- 3rd step: choosing the number of rooms;
- 4th step: choosing the number of adults for the room;
- 5th step: choosing the number of children for the room;
- 6th step: choosing the type and size of the room, then choosing the rate;
- 7th step: choosing the extras (optional);
- 8th step: displaying the summary of the Booking and filled-in data;
- 9th step: after having clicked on the “Book” button, the Client must indicate the necessary information to finalise their Booking: their identity, their contact details, their payment method, the information from their bank card being used to pay online and the bank guarantee of the Booking. They must also accept these GCs, as well as the Privacy Protection Policy.
HAWS acknowledges receipt of the Booking from the Client by sending an email to the Client to the email address that has been given beforehand.
In the case of online booking, the acknowledgement receipt of the Booking by email summarises the main features of the Booking: the Services booked, the rates, the main applicable booking conditions, such as accepted beforehand by the Client, the dates of the stay, the information relating to Customer Service, as well as the address of the Property to which the Client can complain, if necessary.
3.2 Booking by telephone or email
At the time of a booking request by telephone or email, the Property selected proposes – by telephone or email sent to the number or to the email address for sending the Booking request – the rates available in real time and the pertaining complementary Services according to the request of Client on the dates that they request.
These GCs and the summary of the Booking request of the Client are also sent to the Client by email, as well as, if necessary, a request to give bank details for needs relating to registering the Booking (optional prepayment or payment of a deposit according to the rate selected, and for needs to constitute a bank guarantee).
Only the written confirmation of the Booking registration by email will conclude the Booking contract.
3.3 Right of withdrawal – Cancellation
The Client is reminded, according to the Law no 24/96 de 31 de julho of the Portuguese Consumer Code, that they have no right of withdrawal as soon as the Services are provided on a date or according to a predetermined periodicity.
Without prejudice of the provisions outlined above, the contractual conditions can, if necessary, according to the methods of the Booking validated by the Client such as indicated for each rate, an ability to cancel when the Booking is made under the wording “Flexible rates”. In this event, the Client has been able to be aware of their cancellation right and the pertaining contractual conditions, which is reminded of to them, before the validation of their Booking and also in the confirmation of their Booking sent by the Property selected.
If the particular conditions of the Booking allow it (i.e. for the “Flexible rates” booked), the right to cancel by the Client must be exerted as a minimum, 48 hours in advance, and before midday local time of the country of the Property.
The late notification of the cancellation leads to the application of pertaining late cancellation costs: these costs are of an amount equal to one night of accommodation, increased by possible extras appearing in the Client’s Booking, according to the applicable rate, inclusive of all taxes.
The Client can use their ability to cancel on the Website by clicking on the “Cancel” button, bringing the Client to the dedicated page for this purpose and where the Client must respect the steps indicated in order to exert their right.
The Client is reminded that Bookings with payment during the Booking process (prepayment) proposed in particular under the wording “internet/standard/special offers/promotional rates/Rack/Hot Deal packages/Promotions/internet rates/Best rate/Packages and rack rates/etc.” cannot form the subject of any modification or cancellation. The sums paid will not form the subject of any refund, nor any exchange.
In case of a stay being interrupted, all of the price of the Booking will be taken without right to refund or to any credit note or exchange for the Client for the unconsumed portion of the Services in the Property.
Except for any express provision on the contrary, the Client must leave their room before midday (12:00pm) on the day of the end of their stay. Failing that, they will be billed for one night specific to the rate in force on this day.
Without prejudice of application of the cancellation right under the abovementioned conditions for the “Flexible rates”, any occurrence of the Client not showing up at the Property without informing the Property beforehand to take possession of the booked room, means that their Booking is freed up in its entirety, implying that it is available again for the night(s) booked and automatically leads to all of the costs relating to the stay booked needing to be paid, and this, inclusive of all of the nights and extras booked, inclusive of taxes, without any right to refund for the benefit of the Client.
ARTICLE 4 – RATES – PAYMENT
4.1 Rates
The rates pertaining to the Booking of the Services are indicated before and during the Booking process. The rates are valid in real time, whatever the Booking method selected by the Client: the rates are valid at the time of the Booking request formulated by the Client. These rates are also accessible under the section “view of available rates on the calendar”. In any case, the specific rate-related conditions linked to each rate/room type, or complementary services, appear opposite each of the Services which are the subject of the Booking by the Client.
The rates displayed are only valid for the duration indicated on the Website.
The rates indicated are perceived per room, for the number of people and the dates selected by the Client, and – except for subscribing to a specific extra for this purpose – the rates relate to a hiring the room (check-in) by the Client at 15:00 and giving it back (check-out) at 12:00.
The city or tourism tax indicated for each rate is to be paid directly onsite to the Property: it is not included in the price of the Booking.
The rates are subject to VAT and are displayed as an amount including tax and VAT, at the rate in force at the time of confirming the booking in the currency of the country according to the IP address of connection. The prices take into account the VAT applicable on the day of the Booking and any change of the rate applicable to VAT will be automatically passed onto the prices indicated, in particular in case of change of rate applicable on the day of consumption of the stay and extras subscribed to, with respect to the rate applicable at the time when the booking is made.
All Bookings, whatever their origin, are payable in the local currency indicated for the Property. The conversion into foreign currency indicated at the time of the Booking is given for information purposes and is not at all contractual. Only the currency confirmed at the time of the Booking is guaranteed. If the payment is made in a currency other than the currency of the country where the Booking has been made (Locality of the IP address), the exchange costs will be the Client’s responsibility.
If a rate implies that the payment is made directly to the Property at the time of arrival (check-in) or of departure (check-out) of your stay, and that the currency of the Client is not the same as that of the country in which the Property is located, the rate debited by the latter is likely to be different from that which has been communicated at the time of the Booking, given the possibility for exchange rates to change between the booking date and the dates of the stay in the selected Property.
The rates are systematically indicated at the time of the Booking process on the Website. This is the same for the total price of the Booking before validation by the Client, and this until the last step, after acknowledgement receipt of the Booking also summarising the content of the Booking and the rate applied.
Any discount or reduction will not be made by the Properties for payment before the dates and conditions appearing in these GCs, or online by a payment during the Booking process or on the bill sent by the Properties.
The existence of rates indicated as “Internet/Standard/Best rate” at the time of the online, or offline (by telephone or email) Booking process, are not at all exclusive of the existence of a rate at a lower price for the same services, which would have been offered before or which would be proposed after the process, under an identical or different commercial wording, but which are no longer or are not also in force at the time of the booking. To this end, the creation of rates at a price lower than that indicated in the booking, and which would be in force at a time other than that to which the booking is made, can never lead to the application of these lower rates for the benefit of the Client. Only the contractual rate, in force at the time of the booking, is valid between the parties.
4.2 Payment
To validate their Booking, the Client must communicate their bank details as security for the Booking, and – if necessary – for the purpose of payment of their Booking in case of special conditions or rates requiring an online payment such as stipulated during the Booking process and, in particular those proposed under the wording “Non Refundable, Prepaid, Hot Deal breakfast included, Prepaid breakfast included, Long Stay, Stay longer and save, Stay longer and save, breakfast included», being specified that – except, in case of special conditions or rates, requiring a prepayment of the amount of the Booking according to computerised payment – the debiting of the payment made directly to the Property during the stay.
The Client must thus communicate the details of their bank credit card (Visa, Mastercard International, Eurocard/Mastercard, American Express) by indicating directly in the area provided for this purpose, the card number, without any space between the figures, as well as its date of validity and the visual cryptogram, via the payment platform dedicated for this purpose. The same goes for the communication of the bank details required in the scope of Bookings made by telephone or email according to the conditions indicated below which imply either a payment at the time of the Booking, or the requirement of a security deposit by bank card imprint according to the rate of the Booking.
The service provider selected by HAWS in order to secure bank payments and the communication of bank details, verifies the validity of the Client’s payment card. Their payment card can be refused for several reasons: stolen card, blocked card, limit reached, error in entering details, etc. In case of difficulty of prevention, the Client must contact their bank to identify their origin and to be able to proceed with their Booking.
In any case, a bill is produced as two copies by HAWS, of which one copy is given to the Client at the time of their departure (check-out) of the Property at the end of the stay.
During the Client’s stay, if the amount of the Client’s bill relating to the Extras exceeds the value of 400 euros, the Property can require their payment.
In any case, any Extra or other Service which would have been booked and provided by the Property during the Client’s stay, except in case of prior payment of this Service, must be paid by the Client at the latest, at the time of the Check-out.
It is specified that payment by cheque is not accepted, and this, whether temporary accommodation Services, and/or restauration Services, extras, and/or any other Services or sales of products delivered by the Properties to the Client during their stay.
ARTICLE 5 – COMPLAINTS
For any complaint relating to a Booking made in one of the Properties, the Client must send a letter by post or by email to the booked Property to the corresponding addresses mentioned in the preliminary article in these GCs.
In case of a technical and/or overbooking problem occurring, preventing the Property from proceeding with the booking made by the Client, HAWS is committed to informing the Client as soon as possible and to immediately refund them the price of the booking. The Client cannot claim any additional compensation, penalty or damages from HAWS.
The Client is informed of the possibility to resort, in case of dispute relating to these General Conditions, to a conventional mediation procedure or to any other alternative method for settling disputes, under the conditions provided under the Portuguese Consumer Code.
After having referred to Customer Service to attempt to resolve the dispute out-of-court, and failing any satisfactory response or the absence of any response within a timeframe of sixty (60) days from referring to it, the Client can thus refer to the Travel and Tourism Mediator by email via the referral form available on the website internet www.mtv.travel, or by letter to the following address:
Association de Médiation Tourisme et Voyage (MTV) (Travel and Tourism Mediator)
17 avenue Carnot
75017 PARIS
ARTICLE 6 – LIABILITY – FORCE MAJEURE
6.1 Non-execution of the Booking
In any case, HAWS cannot be held liable in case of non-execution of the Booking and/or it not being registered, and in particular because of the Client who would not correctly have made their Booking according to the conditions set in these GCs and according to what is displayed on the fixed or mobile computerised terminal of the Client during the online Booking process.
6.2 Limits of the internet network
Moreover, by booking on the Website, the Client acknowledges and accepts the features and the limits of the internet network, in particular relating to technical performances, the response times for viewing, questioning or transferring information, the risks of interruption, the risks linked to the connection, the absence of protection of certain data against possible diversions and the risks of contamination by possible viruses circulating over the network.
HAWS could not be held liable for malfunctions which could affect the internet network and the Website, or for any configuration problem or linked to a given terminal or browser.
HAWS does not guarantee either, that the Website operates without interruption, or that it does not contain any IT error.
Likewise, hypertext links present on the Website can return to other websites, HAWS is not at all liable for the content of these websites and for the services proposed.
Consequently, HAWS’s liability could not, in any case, be engaged directly or indirectly in case of transmission or communication cut-off problems, connection difficulties or impossibilities, or the Website’s server breaking down.
More specifically, HAWS could not be held liable for any damage, material or immaterial, direct or indirect, caused to Clients, to their IT equipment and to the data which are stored in it, and to the consequences which could arise regarding their personal, professional or commercial activity.
Likewise, although the Properties offer, more specifically in booked rooms or apartments, an interest access service by wi-fi, in case of total or partial operating failure of this service for any reason at all, for the duration of the stay in the Property, no right to terminate the Booking, nor any compensation at all could result from this for the benefit of the Client.
6.3 Force Majeure
HAWS cannot be held liable because of the total or partial inexecution of its obligations under the Booking in case of force majeure event in the sense of the jurisdiction of article 1218 of the Civil code, or more generally, of any action of a third party, action of the Client, or action of the commercial partners, and in particular but in a non-limiting manner, in case of unavailability of the internet network, impossibility of accessing the Site, external intrusion, computer viruses or in case of prepayment not authorised by the Client’s bank.
The execution of HAWS’s obligations will thus be suspended in case of an event occurring, which would prevent their total or partial fulfilment: HAWS will advise the Client about this as soon as possible.
6.4 Guarantee
HAWS endeavours to ensure that photographs, the graphic representations and the texts reproduced to represent the Properties give an overview as accurate as possible of the accommodation, restauration Services and other complementary Services proposed. However, the photographs are non-contractual, as, on the one hand, the different rooms, even when they fall under an identical rate include all the different dimensions, and on the other hand, variations can occur in particular because of the change of furniture, new décor or possible renovations. Except for a Booking which has occurred with an express request for allocating a room and which would be confirmed in writing, in this sense, by the Property, the Client cannot claim any complaint, hence as soon as these variations are based on the main features of the Service.
6.5 Valuable items
A safe-deposit box is made available to clients upon receipt of the Property for any depositing of valuable items such that the Client can, as soon as they arrive in the Property, request the use of this service, and this, without any additional cost, by going to the Property’s reception.
In any case, HAWS will not be liable for thefts or damage caused to valuable items left by the Client in rooms or in vehicles parked in the Property’s carpark. Consequently, by express agreement between the parties, constitutes, a failure of the Client, of which they will cover all consequences, the action of not entrusting in the Property’s management such that they are placed in a safe place, personal items, jewellery, of a value estimated as greater than 1500 euros by the Client. Likewise, by express agreement between the parties, constitutes a failure of the Client, the action of leaving during their stay, the door of their room open, unlocked, as well as its windows.
HAWS cannot be held liable because of damage caused by animals present in the Property, these remaining under their owner’s or guardian’s responsibility according to the provisions of article 1243 of the Civil Code
ARTICLE 7 – PERSONAL DATA – IMAGE RIGHTS
7.1 Personal data
The information which is requested of the Client during the Booking process, which is fully secure from the start to the end of it, are necessary for processing their Booking and will be communicated to the booked Property and to the online payment service provider.
The Client is informed that the processing of these personal data is governed by our privacy protection policy available HERE, which describes the way in which HAWS, in its role as data controller, collects, uses, protects and shares the personal data of its Clients and contacts, as well as the rights that the Client has, relative to their personal data. This privacy protection policy forms an integral part of these GCs: the Client must accept them prior to validating their Booking.
By proceeding with their Booking, the Client consents that HAWS can collect personal data relating to them, in order, in particular to (i) fulfil their obligations to the Client by integrating them to the Client file, (ii), proceed with the Booking, (iii) inform the Client, by email, of special offers and of any similar new service created by HAWS, information from which the Client can systematically be freed, by proceeding with their deregistration or refusal to communicate to third parties of their personal data by activating the dedicated link for this purpose, which appears on the Booking confirmation email sent to the Client, as well as on the Check-in form filled in at the Property’s reception at the time of their arrival.
During the Booking process, the Client is informed, on each of the personal data collection forms, of the compulsory or optional character of the responses, respectively by the presence or the absence of an asterisk.
In particular, during the online payment, the Client’s bank details must be transmitted by the payment service provider to the Property’s bank, for the execution of the contract. The Client is informed that this transfer of data can therefore be executed in foreign countries not protecting suitable personal data in the sense of law no. 78-17 of 6 January 1978 (art. 69). However, the Client consents to this transfer for the execution of their contract. The payment service provider is committed to HAWS to take all measure to secure and respect the confidentiality of the data for said data transfers.
7.2 Image rights
Clients are informed that the Properties are likely to make available to their clients within the Property, and in particular, in the rooms and in the restauration room, a Photobooth service (APPLE trademark), allowing Clients to take a souvenir photograph on which they are free to appear by placing themselves in the field of view.
Prior to any souvenir photograph being taken, Clients are made aware of the abilities offered by this service and, in particular, of the possibility to send it to themselves by email if necessary, in the scope of a strictly private use. No photograph taking can occur without Clients having accepted the conditions of using photographs beforehand. By taking their photograph by way of the Photobooth Service, Clients constitute an authorisation for a duration of one year from taking the photograph, free-of-charge, for the reproduction, fixing, representation, diffusion, communication to the public, the adaptation of photographs include their image, in whole or in part, by any means at all and, in particular, by printing, digitalisation, editing, publishing, putting online on an internet or intranet network, for the territory of the whole world, and for uses for the purpose of presentation, identification, promotion, internal or external communication, media relations, informative or commercial advertising, by way of any media possible and in particular, on screens located inside the Property, by any publishing, editing, printing such as leaflets, brochures, magazines, newspapers, posters, placards, kakemonos, etc., and for any reproduction, representation, diffusion on HAWS websites or any legal entity affiliated with the Haws SAS Group, excluding however any use involving a purchase of advertising space. This authorisation is agreed to by Clients via the express acceptance of the general conditions of use of the Photobooth which are presented to them prior to taking the photograph, and produces its effects without prejudice of possible other conditions of authorisations agreed to individually by clients.
Without prejudice of the application of the provisions of this article relating to the Photobooth service, the booking of Services in an Property, as well as their consumption by Clients and/or those who accompany them, or even the simple presence in the Property does not authorise at all, any operation of audio-visual, photo-taking recording, any photograph in the premises and outbuildings of the Property, including in rooms in view of their commercial, promotional, advertising uses, media relations or public relations, website illustration, etc., and more generally any collective use, or use likely to involve the public. The internal architecture and the graphic creations embellishing the shared areas and the rooms of the Properties are protected by copyrights, of which the rights are fully reserved. Any audio-visual, photo-taking recording session, reproduction or representation of images including the premises and outbuildings of the Properties in question, other than for a strictly private use is subject to prior authorisation of the Property under penalty of infringement punished, in particular by the civil and penal provisions of the Intellectual Property Code.
ARTICLE 8 – MISCELLANEOUS
The GCs are completed by the Legal Disclaimer, the Privacy Protection Policy and the Cookies notice.
These GCs are governed by Portuguese law.
In the eventuality where any one of the provisions of these GCs would be declared null and void or without effect, in any way and for any reason, it would be considered as unwritten and would not lead to the other provisions being null and void.
All disputes which could arise between the parties on the occasion of interpretation and/or execution of these GCs will be subject, failing out-of-court agreement, to the exclusive competence of the competent district court of the Court of Appeal of Paris, except for disputes relating to non-trading people and for which the legal rules of court governing law apply.