PART I — WEBSITE TERMS OF USE

1. WEBSITE OPERATOR

This website is owned and operated by:

H.M. – Exploração Hoteleira S.A.

Tax Number/NIPC: PT511076738

Address: Rua Ivens 21, 9000-046 Funchal, Portugal

The website may also present and facilitate reservations or services for Madeira Gems Apartments, operated by:

Jacaranda Azul, Unipessoal LDA

Tax Number/NIPC: PT514022396

Address: Rua Nova de São Pedro 13, 9000-048 Funchal, Portugal

2. ACCEPTANCE OF WEBSITE TERMS

By accessing or using this website, you agree to these Terms & Conditions, as well as our Privacy Policy and Cookies Policy.

If you do not agree with these terms, you should not use this website.

3. OWNERSHIP OF CONTENT

All content, text, images, logos, design elements, graphics, documents, and information available on this website are owned by or licensed to Hotel Madeira, unless otherwise stated.

Copying, downloading, reproducing, modifying, distributing, or using website content for commercial purposes is not permitted without prior written authorization.

4. WEBSITE USE

Users agree not to misuse the website, including by attempting to interfere with its normal operation, using automated systems to copy or monitor pages, attempting unauthorized access to systems, or using the website for unlawful, fraudulent, or abusive purposes.

5. ACCURACY OF INFORMATION

We make reasonable efforts to keep website information accurate and up to date. However, descriptions, photographs, prices, availability, services, and facilities may change over time.

In case of discrepancy between general website content and the specific conditions shown during the booking process, the conditions displayed at the time of booking shall prevail.

6. THIRD-PARTY LINKS AND SERVICES

This website may include links or integrations with third-party services, including booking engines, payment providers, maps, transport partners, marketing tools, or other external platforms.

We are not responsible for the content, security, availability, or terms of third-party websites or services.

7. WEBSITE AVAILABILITY

We do not guarantee uninterrupted access to the website. Access may be temporarily suspended due to maintenance, technical issues, security reasons, or circumstances outside our control.

PART II — RESERVATIONS, STAYS & SERVICES

8. CONTRACTING ENTITY

For accommodation reservations, the contracting entity depends on the property booked:

Hotel Madeira

H.M. – Exploração Hoteleira S.A.

Tax Number/NIPC: PT511076738

Address: Rua Ivens 21, 9000-046 Funchal, Portugal

Madeira Gems Apartments

Jacaranda Azul, Unipessoal LDA

Tax Number/NIPC: PT514022396

Address: Rua Nova de São Pedro 13, 9000-048 Funchal, Portugal

Each entity is responsible for reservations, stays, payments, invoices, and services related to its respective property.

9. RESERVATION CONFIRMATION

A reservation is considered confirmed only after the guest receives a booking confirmation from the hotel, apartment property, booking engine, travel agency, or authorized reservation platform.

The guest is responsible for checking all reservation details, including property, dates, room or apartment type, number of guests, rate conditions, cancellation policy, and payment terms.

10. RATES, TAXES AND FEES

Rates are shown in euros (€), unless otherwise stated.

Rates may vary according to date, availability, occupancy, board basis, promotions, sales channel, and booking conditions.

Applicable taxes, including VAT and any municipal tourist tax or local charge, may be included or charged separately depending on the booking conditions and applicable law.

Any extras, supplements, food and beverage consumption, transfers, upgrades, damages, late check-out charges, or other additional services are not included unless expressly stated in the reservation.

11. PAYMENT TERMS

Payment terms depend on the selected rate and booking channel.

Depending on the reservation conditions, payment may be required in advance, at check-in, during the stay, or at check-out. A valid payment card may be required to guarantee the reservation.

By providing payment card details, the guest authorizes the relevant property to charge amounts due under the booking conditions, including cancellation fees, no-show charges, unpaid services, damages, or other amounts legitimately owed.

The property reserves the right to pre-authorize or charge the provided payment method prior to arrival, in accordance with the reservation conditions. Pre-authorizations may be used to verify the validity of the card and ensure sufficient funds. In case of invalid or declined payment methods, the property may request an alternative guarantee or cancel the reservation.

12. CANCELLATIONS, MODIFICATIONS AND NO-SHOWS

Cancellation and modification conditions depend on the rate, offer, package, booking channel, and conditions accepted at the time of reservation.

The conditions confirmed at the time of booking always prevail.

Baseline Conditions (Direct Bookings)

Unless otherwise stated in the reservation:

• Flexible rates may be cancelled free of charge up to 14 days before arrival.Cancellations made after this deadline may result in a charge of up to the total stay.

• Non-refundable rates are not cancellable, modifiable, or refundable once confirmed.

No-Show

Failure to arrive on the scheduled arrival date without valid cancellation is considered a no-show.

In such cases, the property reserves the right to charge up to the total value of the reservation, depending on the booking conditions.

Modifications

Changes to dates, length of stay, or number of guests are subject to availability and may result in rate adjustments.

Early Departure / Unused Services

Early departure, late arrival, unused nights, or unused services do not entitle the guest to a refund, unless otherwise agreed in writing.

Discretionary Adjustments

For direct bookings, the property may, at its sole discretion, review and adjust cancellation conditions in justified cases. This does not constitute a general policy and is assessed on a case-by-case basis.

13. CHECK-IN, CHECK-OUT AND ACCESS

Check-in and check-out times are defined as follows:

•  Hotel Madeira: Check-in from 14:00 | Check-out until 12:00

• Madeira Gems Apartments: Check-in from 15:00 | Check-out until 11:00

Early check-in and late check-out are subject to availability and may carry an additional cost.

Guests must provide valid identification documents at check-in or before arrival where required. Accommodation providers in Portugal are required to collect and report certain guest information to the competent authorities.

The property may refuse check-in if the guest does not provide the required identification, booking information, payment guarantee, or legal registration details.

14. LATE ARRIVAL

Guests arriving outside normal reception or check-in hours must contact the property in advance and follow the access instructions provided.

If the guest does not provide the required information, does not complete required procedures, or does not follow the access instructions, access outside normal hours cannot be guaranteed. In such cases, the reservation may still be treated according to the applicable no-show or cancellation policy.

15. GUEST RESPONSIBILITY AND CONDUCT

Guests must use the accommodation, facilities, equipment, and common areas responsibly and respectfully.

The following are not permitted: disturbance of other guests, excessive noise, abusive or threatening behaviour, illegal activity, damage to property, unauthorized parties or events, exceeding the maximum occupancy, smoking in prohibited areas, or misuse of hotel/apartment equipment.

The property may refuse service, require a guest to leave, or cancel the remaining stay without refund if the guest seriously breaches these rules, affects safety, damages property, or disturbs other guests or staff.

16. MAXIMUM OCCUPANCY

The number of guests must not exceed the maximum occupancy stated in the reservation or allowed for the room or apartment.

Additional guests, children, infants, or visitors must be communicated in advance and may be subject to approval, registration, and additional charges.

17. CHILDREN AND MINORS

Guests under 18 years old may only stay when accompanied by a parent, legal guardian, or authorized adult, unless expressly accepted by the property in advance.

The adult responsible for the reservation is responsible for the conduct, safety, and supervision of minors during the stay.

18. SMOKING POLICY

Smoking is strictly prohibited inside rooms, apartments, indoor areas, corridors, lifts, or any other non-smoking areas.

Smoking is only permitted in designated outdoor areas, where available.

If smoking occurs in prohibited areas, the property reserves the right to charge a cleaning and deodorizing fee of €100, as well as any additional costs required to restore the room or apartment to its original condition.

19. PETS

Pets are not permitted at Hotel Madeira or Madeira Gems Apartments.

Assistance animals are accepted in accordance with applicable law.

20. DAMAGES, LOSS AND EXTRA CLEANING

Guests are responsible for any damage, loss, breakage, missing items, excessive dirt, or misuse caused by themselves, their companions, visitors, children, or pets where applicable.

The property may charge the guest for repair, replacement, special cleaning, lost keys or access cards, damage to linen or towels, smoking-related cleaning, or other costs resulting from improper use of the accommodation or facilities.

Where a payment card has been provided, the property may charge legitimate post-stay costs related to damages, unpaid services, penalties, or missing items, with supporting internal records where appropriate.

Lost or inactive key cards do not incur a fee; however, guests must request a replacement at reception or, where available, request a digital access card.

21. VALUABLES AND PERSONAL BELONGINGS

Guests are responsible for their personal belongings.

The property is not responsible for loss, theft, or damage to valuables, money, documents, jewellery, electronic devices, luggage, or personal items, except where liability cannot be excluded under applicable law.

Guests are encouraged to use available safes or secure storage options where provided.

22. HOTEL MADEIRA — PROPERTY CONDITIONS

Hotel Madeira provides hotel accommodation and related guest services. Facilities, services, opening hours, food and beverage outlets, terraces, pool areas, gym, meeting rooms, and other amenities may vary according to season, occupancy, maintenance, private events, weather, renovation, or operational needs.

Breakfast, bar service, rooftop access, pool use, meeting rooms, gym access, and other services are subject to availability, opening hours, safety rules, and specific conditions communicated by the hotel.

23. MADEIRA GEMS APARTMENTS — PROPERTY CONDITIONS

Madeira Gems Apartments provides apartment accommodation. Guests are expected to use the apartment, furniture, appliances, kitchen equipment, access systems, and shared building areas responsibly.

Apartment stays include weekly cleaning service. Additional cleaning, linen changes, towel replacements, or other services may be available upon request and may be subject to an additional charge.

Guests must respect building rules, neighbours, quiet hours, waste disposal instructions, and access procedures.

24. FOOD AND BEVERAGE SERVICES

Food and beverage services, including Bistro13, Panorama Terrace Bar, breakfast, half-board, events, snacks, drinks, and other restaurant or bar services, are subject to availability, opening hours, capacity, reservation requirements, and operational conditions.

Menus, prices, ingredients, dishes, promotions, and opening hours may change without prior notice.

Guests must inform staff of allergies, intolerances, or dietary requirements before ordering. While reasonable care is taken, we cannot guarantee the complete absence of allergens or cross-contamination.

Alcoholic beverages are served only in accordance with applicable law. The property may refuse service to guests who are intoxicated, abusive, underage, or where service would be unsafe or inappropriate.

25. THIRD-PARTY SERVICES

The property may assist guests with third-party services such as airport transfers, tours, car rental, parking, activities, events, or external reservations.

Unless expressly stated otherwise, these services are provided by independent third parties. The property is not responsible for delays, cancellations, accidents, quality of service, pricing, availability, or disputes related to third-party providers.

26. MAINTENANCE, RENOVATION AND SERVICE CHANGES

The property may carry out maintenance, repairs, improvements, renovations, inspections, or operational adjustments when necessary.

Reasonable efforts will be made to minimize guest disruption. However, temporary changes to access, facilities, services, noise levels, views, opening hours, or available amenities may occur.

Such changes do not automatically entitle the guest to cancellation, refund, or compensation unless required by law or expressly agreed by the property.

27. FORCE MAJEURE

The property shall not be liable for failure or delay in performing obligations caused by events outside its reasonable control, including natural disasters, storms, fires, floods, strikes, pandemics, government restrictions, utility failures, transport disruption, security incidents, supplier failures, or other unforeseeable circumstances.

In such cases, the property may modify, suspend, relocate, or cancel services where necessary.

28. COMPLAINTS DURING THE STAY

Guests must report any issue, defect, dissatisfaction, or service problem as soon as possible during the stay, so the property has a reasonable opportunity to investigate and resolve the matter.

Claims raised only after departure, where the property was not given an opportunity to correct the issue during the stay, may be limited or refused where appropriate.

29. PRIVACY AND PERSONAL DATA

Personal data is processed in accordance with our Privacy Policy and Cookies Policy.

By making a reservation or using our services, guests acknowledge that certain personal data is necessary for booking management, guest services, payment processing, legal compliance, and property operations.

30. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the property shall not be liable for indirect losses, loss of opportunity, loss of enjoyment, emotional distress, travel disruption, or expenses caused by circumstances outside its reasonable control.

Nothing in these Terms & Conditions excludes liability where such exclusion is not permitted by law.

31. CONSUMER COMPLAINTS AND DISPUTE RESOLUTION

The Livro de Reclamações is available where required by Portuguese law, including through the official online complaints platform.

In the event of a consumer dispute, the consumer may contact the competent alternative dispute resolution entity:

Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira

Address: Rua Direita, n.º 27, 1.º Andar – Esq., 9050-450 Funchal

Email: centroarbitragem.sritj@madeira.gov.pt

Telephone: +351 291 147 115

Website: madeira.gov.pt/cacc

These contact details should be periodically verified, as public authority contact information may change.

32. GOVERNING LAW AND JURISDICTION

These Terms & Conditions are governed by Portuguese law.

Where legally permitted, disputes shall be submitted to the competent courts of Madeira, Portugal, without prejudice to any mandatory consumer rights or legally applicable jurisdiction rules.

33. CHANGES TO THESE TERMS

We may update these Terms & Conditions from time to time to reflect legal, operational, technical, or service changes.

The version applicable to a reservation is the version in force at the time the reservation is made, unless mandatory law requires otherwise.