Terms and ConditionsThese terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through email or by telephone. By accessing, browsing and using our website through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online accommodation and other services reservation systems provided on these pages and through the website (the "service") are owned, operated and provided by GVInvestment, Unipessoal Lda and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
The terms "Ooak","ooak.at", "ooaktourism.com","ooaktourism.eu", "ooaktourism.pt", "us", "we" or "our" refers to GVInvestment, Unipessoal Lda, which is a private limited liability company having its registered office at EN 101, Avenida Barroso e Soares, 423 4715-214 Nogueira , with VAT registration number PT510239722.
1. Scope of our Service
Through the website we (GVInvestment, Unipessoal Lda and its affiliate (distribution) partners) provide an online platform through which all types of temporary accommodation and other services providers , can advertise their services for reservation, and through which visitors of the website can make such reservations.
By making a reservation through Ooak, you enter into a direct (legally binding) contractual relationship with the services provider , at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the services provider ,transmitting the details of your reservation to the relevant accommodation or services provider and sending you a confirmation email for and on behalf of the services provider .
You accept financial responsibility for all transactions made under your name or account. You must be 18 years of age or over and have legal capacity. You warrant that all information you provide about yourself or anyone else shall be true and accurate.
When rendering our service, the information that we disclose is based on the information provided to us by services providers. As such, the services providers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our service we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each services provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any services made available. Our service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Status of Ooak as an AGENT
For all cases, the role of Ooak is that of an agent to the relevant service provider (wherein the relevant service provider is the supplier and the Principal).The name and contact information of the relevant service provider will be available on the Ooak booking voucher.
Since we only act as an agent in respect of all bookings we make with the relevant service providers or their agents for accommodation,services, transport or any other booked services hence the relevant service provider’s booking conditions will prevail over our terms and conditions in cases where Ooak and the relevant service providers terms and conditions conflict with each other.
You are bound by the booking conditions of the relevant service provider and conditions of carriage where relevant and these conditions apply to your contract with us. In the event of any conflict between the conditions of the relevant service provider and our own, the relevant service provider’s conditions will prevail provided they are valid and enforceable, otherwise our conditions will prevail. The relevant service provider’s conditions may limit or exclude their and our liability to you and they may be subject to international conventions. Copies of the relevant parts of these terms and conditions are available on request from Ooak or the relevant service provider.
3. International Conventions
If any international convention applies to or governs any of the services or facilities supplied by us on behalf of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements.
4. Applicability of Package Travel & Package Tours Regulations
You may decide to make one or more bookings with us at the same time. Please note that irrespective of the various products you book, each booking is a separate booking and your bookings do not constitute a package as defined in the package travel, package holidays and package tours Regulations ("Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours ") Ooak does not represent or warrant that the information and terms and conditions available on this site are appropriate and/or available for use in other jurisdictions where its contents are unlawful and/or prohibited.
5. Privacy and cookies
Ooak respects your privacy. Please have a look at our privacy and cookies policy which is hereby incorporated into and forms part of these Terms.
6.Prices and payments
We endeavour to ensure that all the information and prices on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements.
We accept credit cards, debit cards and other options of payment. The payment options will be available during the booking process.
Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for any arrangements will be held on behalf of the supplier(s) concerned.
6.Making a reservation
On making a reservation, you shall pay a deposit (being a fixed percentage of the total value of your reservation between 10% and 40%). In addition, you will also pay a reservation fee. You will be responsible to the services provider for payment of the balance of the cost of the services booked by you together with the payment of charges for any additional services subsequently contracted for with the services provider and, where applicable, payment of the services provider's service charges and taxes pursuant to the terms and conditions of trade applied by such services provider. You must pay the deposit to guarantee the acceptance of your booking request. Any amendments to your reservation must be notified to and agreed with the services provider directly.
Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your arrangements on behalf of the Supplier(s) concerned by issuing a confirmation email. Please check this email carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. As we act only as agent we will have no responsibility for any errors in any documentation except where those errors were made by us. Subject to this, we regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out.
A binding contract between you and the supplier concerned comes into existence when we send your confirmation email on the supplier’s behalf to you and the terms and conditions of the supplier, in addition to these conditions, will be applicable to the contract. We suggest that you check and confirm with the Supplier(s) concerned the precise terms and conditions upon which they make the booking available to you.
The reservation numbers included on your confirmation should be quoted to the Supplier(s) concerned in all enquiries, cancellations or amendments to the reservation.
If you have any special requests please contact the Supplier(s) concerned and advise them at the time of booking. Neither we nor the Supplier(s) concerned can guarantee that they will be met. Further, if the Supplier(s) is unable to meet any such requests, neither we, nor they, will have any liability to you in this respect.
If you or any member of your party has any medical problem or disability which may affect your booking, please advise the Supplier(s) concerned before we confirm your booking so that they can advise as to the suitability of the chosen arrangements.
9. Cancellations and amendments to confirmed bookings by you
If you need to cancel or amend a confirmed booking, cancellation/amendment charges will generally be payable. The amount of such charges varies according to the time your notice of cancellation is received by the Supplier(s) concerned before departure. Please check the supplier’s terms and conditions. Non-arrival may result in the cancellation of your entire reservation and applicable cancellation charges may be applied.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Any changes to your reservation must be notified to and agreed with the Supplier(s) concerned directly, and are at their discretion.
Please have a look at our cancellation policyhwhich is hereby incorporated into and forms part of these Terms.
10.Cancellations & amendments to confirmed bookings by the Supplier(s) concerned
We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the Supplier in relation to any alternative arrangements offered by the Supplier but we will have no further liability to you.
11.Circumstances beyond our control
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the Supplier in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the Supplier(s) concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
13.NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS
Ooak makes all reasonable efforts to ensure that all credit card and debit card transactions are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your reservation, conduct your transaction or disclose your card details on this website, Ooak shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.
14.Links to third party sites
This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.
You are strongly recommended to take out personal travel insurance for all members of your party. Some suppliers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
16.Passports and visas
You are recommended to check the up to date position on visa, passport and health requirements, with the Supplier(s) concerned, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
The completed guest review may be (a) uploaded onto the relevant service provider's information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the accommodation, and (b) (wholly or partly) used and placed by Ooak at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms,newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Ooak and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.
ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND FOR ALL RISK OR LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF OR REFERRING TO OR RELYING ON INFORMATION, PRODUCTS, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU AGREE THAT OOAK AND THE PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO OOAK WILL NOT BE LIABLE FOR DAMAGES ARISING AFTER YOUR USE OR INABILITY TO USE THIS WEBSITE AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
THIS WEBSITE IS AVAILABLE TO ALL USERS "AS IS". OOAK MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. OOAK ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND ITS CONTROL, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE SERVICES, INFORMATION AND/OR MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
18.Copyright, notice and limited licence
The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos ("Materials") contained in this website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. Ooak or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from this website. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Ooak, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
You agree to indemnify and hold Ooak, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website.
Ooak's failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.
The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
21.Modification of these terms and conditions
Ooak reserves the right to change these Terms as well as the contents of this website for any reason and without notice, and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate reservation or purchase using this website. You should check these Terms for any changes each time you access the website.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Portuguese law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Braga, Portugal.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.