Terms of Service

1) Acceptance of Terms

By:

1. accessing or using the website,
2. making a booking (including through third-party booking platforms linked from our website), and/or
3. entering, using, or permitting others in your party to use Crossdeira premises and facilities,

you confirm that you have read, understood, and agree to be bound by these Terms, including the Liability Waiver and Assumption of Risk in Section 12.

If you do not agree, do not use the website, do not book, and do not use the facilities.

2) Definitions

• "Guest" / "you": the person making a booking and all individuals in the booking party, visitors, and invitees.
• "Premises": the Crossdeira accommodation property and all associated areas.
• "Facilities": all amenities including indoor gym, outdoor training areas, pool, stairs, terraces, equipment, and any common areas.
• "Booking Platform": third-party booking websites (e.g., Airbnb or similar) used to reserve accommodation.
• "Partners" / "Third-Party Providers": independent service providers not owned or controlled by Crossdeira (e.g., coaches, guides, chefs, transport providers).

3) Scope of Services

3.1 Accommodation

Crossdeira primarily provides accommodation and access to the Premises for short stays, subject to these Terms, house rules, and applicable law.

3.2 Additional services

Some services may be offered or facilitated separately (e.g., experiences, coaching, transport, catering). These may be:

• provided directly by Crossdeira, or
• arranged by Crossdeira/Notabreu but delivered by independent Partners.

All services can be booked separately, and availability is not guaranteed.

4) Relationship with Notabreu LDA (Operational Support)

Notabreu LDA supports Crossdeira with operations such as guest communications, coordination of stays, check-in/check-out support, and booking process assistance. Notabreu may act as a service provider/agent on behalf of Crossdeira for operational purposes. Your contractual relationship for accommodation remains with Crossdeira unless explicitly stated otherwise in your booking confirmation.

5) Bookings, Pricing, and Payments

5.1 Booking method and contract formation

Bookings are typically made through Booking Platforms. When you complete a booking on a Booking Platform, your payment, cancellation rights, and refund rules are governed primarily by:

• the Booking Platform's terms and policies, and
• the listing terms shown at the time of booking.

5.2 Payments

Payments are processed through Booking Platforms. Crossdeira does not take card payments on the website unless explicitly stated on the booking checkout.

5.3 Accuracy of information

You agree to provide accurate information and ensure your booking party details are correct. You are responsible for ensuring that all guests comply with these Terms and house rules.

6) Cancellations, Changes, and Refunds

6.1 Accommodation booked via Booking Platforms

Cancellations, changes, and refunds for accommodation are governed by the relevant Booking Platform's cancellation policy and your reservation terms. Crossdeira/Notabreu may assist administratively, but cannot guarantee outcomes controlled by the platform.

6.2 Separately booked services

If you book services separately (e.g., coaching, tours, transport, catering), cancellation/refund terms may be:

• Crossdeira's own terms (if Crossdeira is the provider), or
• the Partner's terms (if the Partner provides the service).

Crossdeira is not responsible for Partner refund decisions or the Partner's performance, and any refund claims must generally be directed to the Partner, unless Crossdeira explicitly acts as the contracting provider in writing.

7) Check-in, Check-out, Occupancy, Visitors

• Check-in/check-out times are as specified in your booking confirmation / listing.
• You may not exceed maximum occupancy.
• Visitors (non-registered guests) may be restricted or prohibited unless approved in advance.
• You must comply with safety instructions and house rules.

8) House Rules and Conduct

You agree:

• not to misuse the Premises or Facilities,
• not to engage in dangerous, illegal, or disruptive conduct,
• to respect neighbors and local rules regarding noise and behavior,
• to keep the Premises reasonably clean and to report damage promptly.

Crossdeira may charge for damage, missing items, excessive cleaning, or policy violations to the extent permitted by the Booking Platform and applicable law.

9) Property Damage, Loss, and Personal Belongings

You are responsible for:

• damage caused by you or your booking party, visitors, or invitees, and
• costs arising from negligence, misuse, or breach of these Terms.

Crossdeira is not responsible for loss, theft, or damage of personal belongings except where liability cannot be excluded under mandatory law.

10) Health, Fitness, and Safety Disclosures

The Premises include fitness-related areas and amenities that can present inherent risks, including but not limited to:

• indoor/outdoor gym equipment and free weights,
• outdoor training surfaces (wet/uneven terrain),
• pool and pool surroundings (slippery surfaces, drowning risk),
• stairs, terraces, and elevation changes.

There is no lifeguard on duty. Use of the pool and gym areas is at your own risk.

11) Medical Fitness and Responsibility

You represent and warrant that:

• you and your booking party are medically and physically able to use the Facilities safely,
• you will not use Facilities while impaired by alcohol, drugs, or medication that may affect coordination/judgment,
• you will supervise minors at all times and prevent unsafe use of equipment/areas.

If you are pregnant, have a medical condition, injury, or disability, or are unsure whether activity is safe, you must seek medical advice before using Facilities.

12) LIABILITY WAIVER, RELEASE, AND ASSUMPTION OF RISK (GYM, OUTDOOR TRAINING AREAS, AND POOL)

12.1 Assumption of inherent risks

You understand and expressly acknowledge that using the Facilities and participating in fitness activity or swimming involves inherent risks, including but not limited to:

• slips, trips, and falls;
• strains, sprains, muscle tears, tendon injuries;
• fractures, head/neck/back injuries;
• cuts, bruises, and other bodily injuries;
• cardiac events, heat illness, fainting, dehydration;
• drowning or near-drowning;
• equipment malfunction or misuse;
• risks associated with outdoor conditions (rain, wind, uneven ground, reduced visibility).

You voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, arising from use of the Facilities.

12.2 Release of liability (to the maximum extent permitted)

To the maximum extent permitted by law, you agree to release and discharge Crossdeira, Notabreu, and their owners, directors, officers, employees, agents, and contractors ("Released Parties") from claims, demands, actions, or causes of action arising out of or related to:

• your use of the Facilities, and/or
• any injury, illness, property damage, loss, or death,

except where such harm is caused by the Released Parties' wilful misconduct or gross negligence, or where liability cannot lawfully be excluded.

12.3 No instruction, no supervision

You acknowledge that:

• Crossdeira is not a medical provider and does not provide medical advice,
• Crossdeira does not provide professional fitness training or supervision unless explicitly agreed in writing,
• any equipment use is self-directed unless you separately contract with a qualified coach/trainer.

12.4 Safety rules and duty to act prudently

You agree to:

• use equipment only as intended,
• inspect equipment before use and stop if unsafe,
• avoid risky behavior (e.g., diving where not allowed, training alone in a hazardous manner),
• comply with posted rules and any reasonable instructions.

12.5 Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless the Released Parties from and against claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:

• your breach of these Terms,
• your misuse of the Facilities,
• your negligent or intentional acts or omissions,
• claims brought by members of your booking party or your visitors/invitees.

12.6 Minors

Minors must be supervised by a responsible adult at all times. The booking guest (or parent/guardian) accepts responsibility for minors' use of the Premises and Facilities and agrees that this waiver applies to the fullest extent allowed by law with respect to minors in the booking party.

12.7 Emergency assistance

You authorize Crossdeira/Notabreu to seek emergency medical assistance for you or a member of your booking party if reasonably necessary (e.g., calling emergency services). You remain financially responsible for medical treatment and related costs.

13) Third-Party Providers (Partners) – Separate Responsibility

Where Crossdeira/Notabreu introduces, arranges, or facilitates services provided by Partners (e.g., coaches, guides, transport, tours, catering):

• the Partner is an independent provider and responsible for its services;
• Partner services may be subject to the Partner's separate terms, waivers, safety instructions, and cancellation/refund policies;
• Crossdeira is not responsible for Partner acts/omissions, service quality, cancellations, refunds, or losses connected to Partner performance, except where Crossdeira is legally liable and such liability cannot be excluded.

If you have a dispute about a Partner service, you should address it directly with the Partner unless Crossdeira explicitly contracted as the provider in writing.

14) Limitation of Liability (General)

To the maximum extent permitted by law:

• Crossdeira's total liability for claims arising out of the accommodation (excluding non-excludable liabilities) is limited to the amount paid for the accommodation booking for the relevant stay.
• Crossdeira is not liable for indirect or consequential losses (loss of profit, loss of enjoyment, etc.) where exclusion is permitted.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so (including certain consumer statutory rights and non-excludable liabilities).

15) Force Majeure

Crossdeira is not responsible for failure or delay due to events beyond reasonable control (e.g., natural disasters, severe weather, utility failures, government actions, strikes, pandemics, or Booking Platform outages). Where possible, we will take reasonable steps to mitigate impacts.

16) Website Use and Intellectual Property

All website content (text, images, brand assets) is owned by or licensed to Crossdeira and may not be copied or used commercially without written permission, except as permitted by law.

17) Privacy

Personal data processing is described in our Privacy Policy, which forms part of these Terms by reference.

18) Changes to these Terms

We may update these Terms from time to time. The "Effective date" indicates the latest version. Changes apply from publication to new bookings and, where legally permitted, to ongoing website use.

19) Governing Law and Jurisdiction

These Terms are governed by the laws of Portugal, without prejudice to any mandatory consumer protections that may apply in your country of residence within the EU/EEA.

Unless mandatory law requires otherwise, the courts of Portugal shall have jurisdiction over disputes arising out of these Terms.

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