Terms and Conditions - Solarium Mantiqueira
Operated by Take Me There, registered under CNPJ number 42.927.255/0001-44.
By accessing the website https://www.solariummantiqueira.com, all users automatically adhere to the provisions set forth in these Terms and Conditions, as well as the contents of our Privacy Policy, constituting a legally binding agreement.
By accepting these Terms and Conditions, the contracting party enters into a short-term rental agreement for the property known as “Solarium Mantiqueira” and the specific house selected at the time of booking. The rental is managed by the company Take Me There, registered under CNPJ number 42.927.255/0001-44.
These Terms and Conditions apply to all bookings made with Solarium Mantiqueira, regulating the rights, duties, and responsibilities of the parties involved, as stipulated in the following clauses:
Clause One – Purpose of the Contract
1.1. This agreement governs the short-term rental of the property marketed under the name “Solarium Mantiqueira” and the use of the property and its amenities for the period, house, and number of occupants defined in the booking.
1.2. The agreement is exclusively intended for the lodging of the tenant and their companions, and its use for commercial activities or any purposes not previously authorized is prohibited.
Clause Two – Booking Policy
2.1. To confirm a booking, the following steps are required:
a) Selection of the house, dates, and number of occupants in the booking system;
b) Full payment of the amount indicated at the time of booking;
c) Provision of complete and accurate information, including full name, identification document number, phone number, and email address.
2.2. Payment is necessary to secure the date and confirm the booking. It will only be confirmed after a confirmation email or message is sent to the contracting party. If this confirmation is not received, the contracting party must contact us via phone or WhatsApp at (+55) 35 98407-5652.
2.3. The number of permitted guests is limited to the number indicated in the booking. In cases of excess occupancy without prior communication, the following fines may apply:
a) BRL 200.00 per additional person using the property during the day;
b) BRL 600.00 per additional person staying overnight.
2.4. Changes to the booking must be requested at least 15 days in advance and are subject to approval and the payment of any applicable rate differences.
Clause Three – Check-in and Check-out Policy
3.1. Standard Times
a) Check-in: From 3:00 PM.
b) Check-out: By 11:00 AM.
3.2. Time Adjustments
a) Early check-in or late check-out can be requested subject to availability and additional charges. To inquire about this possibility, the contracting party must contact the administration at least 48 hours in advance via phone or WhatsApp at (+55) 35 98407-5652.
3.3. Penalties for Time Violations
a) If the property is not vacated by the stipulated time and is reserved for another client, the tenant must vacate immediately, under penalty of a fine of BRL 200.00 per hour of delay.
b) If the property is not reserved for third parties, the tenant may stay longer by paying additional daily rates, calculated proportionally to the contracted amount.
3.4. Tenant's Responsibilities at Check-out
a) The property must be returned in the same condition as it was delivered, with furniture, utensils, and equipment in their original state.
b) All personal belongings of the tenant must be removed before check-out. Solarium Mantiqueira is not responsible for forgotten items but will endeavor to return them upon prior notice and shipping costs covered by the contracting party.
Clause Four – Payment and Cancellation Policy
4.1. Payment
a) The total booking amount must be paid at the time of booking to secure the date and confirm the service.
b) Accepted payment methods will be informed during the booking process and may include bank transfer, PIX, credit card, or other methods made available by the company.
4.2. Cancellations and Refunds
a) Cancellations can be made without cost within 7 (seven) calendar days after booking confirmation, provided that at least 24 hours remain before the check-in date, as established by the Consumer Protection Code.
b) After the cooling-off period, no refunds will be issued for cancellations.
4.3. Booking Changes
a) Changes to booking dates may be requested at least 15 days in advance. Approval is subject to availability and payment of any applicable rate differences if the new dates result in higher rates.
b) No refunds will be granted if the changes result in lower costs than those originally paid.
4.4. Force Majeure
a) In exceptional circumstances, such as natural disasters, pandemics, or other events beyond the control of the parties, cancellation and refund policies may be adjusted at the discretion of Solarium Mantiqueira to minimize impacts on both parties.
4.5. Penalties for Violations of Rules
a) The tenant is responsible for paying fines or sanctions for violations of internal rules, municipal, state, or federal regulations, or conduct inconsistent with proper use of the property.
Clause Five – Tenant Rights and Responsibilities
5.1. Tenant Rights
a) Use the property and its amenities exclusively for lodging during the contracted period, as specified in the booking.
b) Receive the property in perfect condition for use, cleanliness, and maintenance, including the provision of furniture, utensils, and equipment listed in the property's inventory, if applicable.
c) Report any issues or defects identified in the property to the administration so that corrective measures can be taken promptly.
5.2. Tenant Responsibilities
a) Preserve the property's integrity, including its furniture, utensils, and installations, using them with due care and attention.
b) Compensate the owner for any damage caused to the property, furniture, or utensils resulting from misuse, negligence, or carelessness. Compensation may include repair or replacement costs.
c) Adhere to the rules of conduct and limits established by internal policies, particularly regarding quiet hours, the use of common areas, and safety practices.
d) Ensure that all companions respect applicable rules and regulations, as the tenant is responsible for the actions and behavior of their guests.
e) Refrain from subletting or transferring usage rights of the property to third parties without prior and formal authorization from the administration.
f) Properly dispose of waste and garbage generated during the stay, using the containers and methods provided on-site.
Clause Six – Landlord Responsibilities
6.1. Landlord Guarantees
a) Deliver the property in suitable conditions for use, cleanliness, and maintenance, prepared for the stay according to the standards informed at the time of booking.
b) Ensure the functionality of essential services available on the property, such as electricity, water, and gas supply, except in cases of force majeure beyond the landlord's control, such as service interruptions by external providers.
c) Provide support and assistance in case of technical or operational issues during the tenant's stay, with immediate communication channels available via phone or WhatsApp at (+55) 35 98407-5652.
6.2. Landlord Liability Limitations
a) The landlord is not responsible for disturbances or inconveniences caused by external factors, such as power outages, internet service interruptions, or neighbor behavior.
b) The landlord is not liable for personal items forgotten, lost, or stolen during the stay. Forgotten items, if found, can be returned upon tenant request, with shipping costs paid by the tenant.
c) The landlord is not responsible for accidents or incidents resulting from non-compliance with safety instructions, including improper use of equipment or installations.
d) In rural or natural areas such as Solarium Mantiqueira, the landlord is not liable for interactions with wildlife. Tenants must follow safety guidelines to prevent incidents.
6.3. Landlord Rights
a) Apply fines and penalties stipulated in this agreement in case of tenant violations.
b) Terminate the stay early and request the immediate vacation of the property in the event of serious breaches, such as unauthorized parties, illegal activities, or intentional property damage.
Clause Seven – Use of Facilities and Common Areas
7.1. Use of the Property and Amenities
a) Tenants and their companions must use the property solely for lodging, respecting coexistence rules and maintaining the property in adequate cleanliness and conservation throughout the stay.
b) Altering the structure of the property, installing equipment, or conducting any modifications or construction without prior formal authorization is strictly prohibited.
c) The use of equipment available on the property, such as fireplaces, barbecues, and appliances, must follow the instructions provided by the landlord to prevent damage or safety risks.
7.2. Common Areas of the Property
a) The common areas of Solarium Mantiqueira must be used responsibly, respecting other users and maintaining the area's integrity and cleanliness.
b) Entering restricted areas or spaces exclusively belonging to other properties within Solarium Mantiqueira is prohibited unless expressly authorized by the landlord. Non-compliance may result in fines of up to BRL 1,500.00 per invasion or third-party complaints.
c) Disposing of garbage or waste outside designated locations in common areas is not allowed. Tenants are responsible for keeping these areas clean and organized.
7.3. Safety Rules
a) Tenants must adhere to all safety instructions provided by the landlord, including the use of equipment like fireplaces, barbecues, and fire pits.
b) Contact with electric fences, security installations, and other operational devices must be avoided to prevent personal or property damage.
Clause Eight – Pet Policy
8.1. Permission for Pets
a) Solarium Mantiqueira allows pets under the conditions outlined in this clause.
b) Tenants must inform the presence of pets at the time of booking, specifying the number and size of the animals to facilitate proper arrangements.
8.2. Rules for Pets
a) Pets must remain within the private area of the reserved house. If pets are taken to common areas, they must be on a leash or harness to ensure safety and avoid incidents with other guests or wildlife.
b) Tenants are responsible for cleaning up and properly disposing of pet waste, ensuring hygiene in both internal and external areas of the property.
c) Pets are prohibited from using furniture or linens (sofas, beds, chairs, etc.). Any detected damage or stains on furniture, bedding, or other items will result in charges for cleaning, repair, or replacement.
8.3. Liability for Damages
a) Tenants are liable for any damage caused by pets to the property, furniture, utensils, or common areas.
b) In the case of aggressive or inappropriate pet behavior, the landlord reserves the right to request the immediate removal of the pet from the property.
8.4. Wildlife and Natural Risks
a) As the property is located in a rural area, tenants should be aware of the presence of wildlife. Pets should be monitored to avoid interactions with these animals.
b) The landlord is not responsible for incidents involving wildlife, and tenants are responsible for taking appropriate safety measures to protect their pets.
Clause Nine – Smoking Policy
9.1. Prohibition of Smoking in Indoor Areas
a) Smoking is strictly prohibited inside the property, including bedrooms, bathrooms, and other indoor areas, as well as on fabric furniture such as sofas, chairs, and beds.
b) If odors, stains, or residues related to cigarette consumption or similar are detected inside the property, a fine of BRL 2,000.00 will be applied, in addition to any costs for repairing or replacing furniture and linens, if necessary.
9.2. Permitted Smoking Areas
a) Smoking is only allowed in the outdoor areas of the property, provided it is away from gas tanks, heaters, or other locations that may pose a fire risk.
b) The tenant must ensure proper disposal of cigarette butts and other related waste, using the appropriate containers provided on-site.
9.3. Use of Flammable Items
a) Cigarettes, cigars, hookahs, or other flammable items are prohibited near gas sources, fireplaces, or combustible materials.
b) If behavior that endangers the property or its occupants is identified, the landlord may request the immediate cessation of the practice and, in severe cases, impose sanctions or terminate the agreement.
Clause Ten – Quiet Hours
10.1. Definition of Quiet Hours
a) Solarium Mantiqueira is a property dedicated to relaxation and tranquility, and observing quiet hours between 10:00 PM and 9:00 AM is mandatory. Excessive noise or activities disturbing the peace and quiet of other guests or neighbors are prohibited during this period.
10.2. Permitted and Restricted Activities
a) During quiet hours, only activities that do not generate audible noise outside the rented property are allowed.
b) The use of sound devices, such as speakers, must be kept at a moderate volume and restricted to indoor areas, ensuring it does not disrupt others’ well-being.
10.3. Fines for Violations
a) Violations of quiet hours may result in fines of up to BRL 1,000.00, depending on the severity and recurrence of the infraction.
b) If disturbances lead to complaints from other guests or neighbors, the landlord reserves the right to demand immediate cessation and, in severe or repeated cases, terminate the stay early without refund.
10.4. Quiet Hours Exceptions
a) Pre-authorized events may occur outside quiet hours, provided they comply with the conditions established in an additional agreement or specific authorization.
b) Failure to comply with the agreed conditions for such events may result in sanctions and immediate termination of the activity.
Clause Eleven – Safety Rules
11.1. General Safety Guidelines
a) The tenant and their companions must follow all safety instructions provided by the landlord to ensure the physical integrity of occupants and prevent property damage.
b) Misuse of equipment such as fire pits, fireplaces, and barbecues is prohibited. Tenants must:
i. Never use alcohol or other flammable liquids on an active fire.
ii. Keep flammable items, furniture, and linens away from flames.
iii. Monitor weather conditions, such as strong winds, which may spread sparks.
11.2. Care Around Sensitive Installations
a) Smoking or using flammable items near gas installations or heaters is prohibited.
b) If abnormal odors, such as gas leaks, are detected, tenants must immediately vacate the area and inform the landlord via phone or WhatsApp at (+55) 35 98407-5652.
11.3. Property Access and Vehicle Maneuvering
a) Access to residences must be exclusively through indicated paths, maintaining consistent speed and avoiding leaving the tracks or damaging the edges.
b) In case of difficulty, tenants must refrain from making inappropriate maneuvers, such as turning in unstable areas, and contact the landlord for guidance.
c) The landlord is not responsible for vehicle damage resulting from misuse or failure to follow access instructions.
11.4. Fences and Wildlife
a) The property’s common areas may have electric fences for livestock containment. Although the shock is not harmful, contact should be avoided.
b) As a rural property, wildlife such as snakes, bees, or wild boars may be encountered. Tenants should keep their distance and immediately report any sightings to the landlord.
c) The landlord is not responsible for incidents involving wildlife. Tenants are responsible for following safety guidelines to avoid risks.
Clause Twelve – Privacy Policy and Data Protection
12.1. Collection of Personal Data
a) To process and confirm reservations, the following personal data will be collected from the tenant:
i. Full name.
ii. Identification document.
iii. Email address and phone number.
b) The collected data will be used exclusively for administrative, communication, and contractual purposes.
12.2. Data Sharing
a) Tenant data will not be shared with third parties, except in cases required by law or to fulfill legal obligations, such as issuing invoices or reporting to authorities.
12.3. Protection and Storage
a) Solarium Mantiqueira commits to adopting appropriate security measures to protect tenant data from unauthorized access, alteration, disclosure, or improper destruction.
b) Data will be stored for the period necessary to fulfill contractual and legal purposes. After this period, it will be securely deleted unless otherwise required by law.
12.4. Tenant Data Rights
a) Tenants may request, at any time:
i. Access to stored information.
ii. Correction of inaccurate or incomplete data.
iii. Deletion of their data, unless retention is required for legal obligations.
b) To exercise these rights, tenants should contact the administration via phone or WhatsApp at (+55) 35 98407-5652.
12.5. Consent for Data Use
a) By accepting these Terms and Conditions, the tenant consents to the collection, use, and processing of their personal data as outlined in this clause.
Clause Thirteen – Payment Conditions
13.1. Payment Methods
a) The total booking amount must be paid at the time of booking to secure the date and confirm the service.
b) The following payment methods are accepted:
i. Bank transfer.
ii. PIX.
iii. Credit card.
iv. Other methods agreed upon with the landlord.
c) The reservation will only be considered effective after payment confirmation and submission of proof of payment, if necessary.
13.2. Additional Payments
a) Optional services, such as early check-in, late check-out, or extraordinary cleaning fees, must be paid separately, according to the amounts specified at the time of request.
b) Fines or costs resulting from damage to the property, furniture, or installations will be charged directly to the tenant, who must pay within 5 (five) business days after notification by the landlord.
13.3. Nonpayment
a) If payment is not made within the stipulated deadline, the landlord reserves the right to cancel the reservation and make the date available to other tenants.
b) Fines and fees imposed due to contractual breaches or internal rule violations must be paid within the deadline indicated in the notification. Failure to comply may result in the tenant’s inclusion in delinquency records or legal actions for collection.
13.4. Proof of Payment
a) The tenant must keep proof of payment for presentation upon request by the landlord.
b) In cases of processing errors or inconsistencies in bank details, the landlord will notify the tenant for immediate resolution.
Clause Fourteen – Fees and Taxes
14.1. Application of Fees and Taxes
a) The amounts charged for reservations include accommodation fees, property maintenance, and applicable taxes. Any additional charges will be disclosed to the tenant at the time of booking.
14.2. Cleaning Fee
a) A standard cleaning fee is included in the booking price and covers property sanitization after the stay.
b) If damages, excessive dirt, or conditions requiring extraordinary cleaning are identified, an additional fee will be charged as outlined in a notification to the tenant.
14.3. Rate Adjustments
a) The landlord reserves the right to adjust rates and fees for future bookings based on market changes, seasonality, or other relevant factors.
b) Confirmed reservations will not be subject to rate adjustments, except for tenant-requested changes that result in new rate calculations.
14.4. Tax Responsibility
a) The landlord is responsible for collecting taxes related to the provision of accommodation services as required by applicable law.
b) The tenant will be responsible for any additional tax liabilities arising from their activities during the stay, such as unauthorized commercial events or meetings.
14.5. Receipts and Invoices
a) The landlord will provide a receipt or invoice upon the tenant’s request at the time of booking or during the stay.
b) The issuance of the fiscal document will comply with current regulations, considering the information provided by the tenant.
Clause Fifteen – Amendments to the Terms
15.1. Amendments by the Landlord
a) The landlord reserves the right to make changes or updates to these Terms and Conditions at any time, ensuring communication of such changes to the tenant before implementation.
b) For confirmed bookings, the terms in effect at the time of booking will apply, unless both parties agree to adopt the updated terms.
15.2. Tenant-Requested Modifications
a) Tenants may request changes to their reservations, such as dates, number of occupants, or additional services, provided that:
i. Requests are submitted at least 15 (fifteen) days in advance.
ii. Any resulting rate differences are paid prior to confirmation.
b) Requests made less than 15 (fifteen) days in advance are subject to availability and landlord approval, with no guarantee of accommodation.
15.3. Impact of Changes
a) If changes result in higher rates, the tenant must cover the additional costs before the changes are confirmed.
b) No refunds will be granted if changes result in lower costs than those originally paid.
15.4. Force Majeure and Exceptional Situations
a) In cases of force majeure, such as natural disasters, pandemics, or other unforeseeable events, the landlord may adjust cancellation and modification policies to minimize losses for both parties.
Clause Sixteen – Applicable Law and Jurisdiction
16.1. Governing Law
a) These Terms and Conditions are governed by the laws of the Federative Republic of Brazil, particularly the provisions of the Civil Code, Consumer Protection Code, and other applicable regulations regarding short-term rentals.
16.2. Dispute Resolution
a) Any disputes or disagreements arising from the interpretation, execution, or termination of this agreement should first be resolved through direct negotiation between the parties, prioritizing dialogue and amicable solutions.
b) If no consensus is reached, parties may seek judicial resolution.
16.3. Chosen Forum
a) The forum of the city where Solarium Mantiqueira is located, in the State of Minas Gerais, is chosen as the competent jurisdiction to settle any disputes related to this agreement, excluding any other jurisdiction, no matter how privileged.
b) This clause does not prevent tenants from filing claims in their domicile’s forum, as provided by the Consumer Protection Code when applicable.
Clause Seventeen – General Provisions
17.1. Acceptance of Terms and Conditions
a) By making a reservation and completing payment, the tenant declares awareness and full agreement with all terms and conditions outlined in this document.
b) Acceptance of these Terms and Conditions constitutes an integral and inseparable part of the short-term rental agreement entered into by the parties.
17.2. Contract Integration
a) This contract constitutes the entire agreement between the parties, superseding any prior understandings, negotiations, or communications not formally included herein.
b) If any provision of this agreement is deemed invalid or unenforceable by a court, such invalidity will not affect the validity of the remaining provisions, which will remain in full force.
17.3. Communication Between the Parties
a) All communications regarding this agreement must be conducted via the landlord’s official channels:
i. WhatsApp or phone: (+55) 35 98407-5652.
ii. Email: solariummantiqueira@gmail.com.
b) The landlord commits to responding to tenant requests promptly, respecting the nature and urgency of the matter.
17.4. Limitation of Liability
a) The landlord is not liable for situations beyond their control, including public service interruptions (electricity, internet, water), adverse weather events, or third-party misconduct.
b) The landlord is exempt from liability for indirect damages, financial losses, or inconveniences resulting from exceptional situations during the stay, except in cases of proven direct negligence.
17.5. Good Practices
a) Tenants and their companions agree to observe good practices of coexistence, safeguarding the property’s integrity, common areas, and natural environment of Solarium Mantiqueira.
b) Non-compliance with behavioral rules or actions that disrupt others’ experiences may result in penalties, including early termination of the agreement without refund.
17.6. Contract Duration
a) This agreement is valid only for the period specified in the reservation and will terminate automatically at the end of the stay, without prejudice to tenant obligations extending beyond check-out, such as damage indemnities or fine payments.
17.7. Electronic Consent
a) For reservations made through an online platform, electronic acceptance of these Terms and Conditions has the same legal validity as a physical signature, in accordance with Brazilian law.
Clause Eighteen – Governing Law
18.1. Applicability of Brazilian Law
a) This agreement is governed exclusively by the laws of the Federative Republic of Brazil, which shall apply to all its provisions, interpretations, and enforcement.
b) Any legal disputes arising from this agreement shall be resolved under Brazilian law, including but not limited to the Brazilian Civil Code, Consumer Protection Code, and applicable regulations governing short-term rentals.
