PINEAPPLES a legal entity under private law registered with the CNPJ/MF with economic activity codes 79.90-2-00 (main), 79.11-2-00 and 79.12-1-00 (secondary), which allow the free exercise of the activities of providing reservation and tourism services, travel agencies and tour operators, incorporated as a limited liability company and created in compliance and harmony with Law no. 12.974, of 15 May 2014, registered in the same register under no. 19.961.892/0001-15, with headquarters at Av. Nossa Senhora de Copacabana 1133, loja 112 - Copacabana, Rio de Janeiro, Rio de Janeiro, and e-mail address contato@pineapples.com.br, with the aim of better providing its commercial operations in the tourism segment, enabling consumers greater agility and convenience, RESOLVES, on the basis of clause 14 of its articles of association and the exemplary list of exclusive and private services of the tourism activity brought about by current legislation, TO MAKE AVAILABLE TO THE TOURISM MARKET THE STAY OVER SERVICE, the general conditions of which are described below:
GENERAL CLAUSES
CONTRACTING
Clause 1. STAYING OVER is made up of general clauses, which deal with the terms and conditions for the accommodation service, and special clauses, of an ancillary nature, which deal with the terms and conditions for the services described in the list in clause 23.
Clause 2. The hosting service will be contracted by means of a booking request resulting from the applicant or their legal representative filling in information on the virtual environments where PINEAPPLES advertises hosting services.
§ 1º. PINEAPPLES will have a period of up to 48 (forty-eight) hours from the completion of the information, provided that the requirements of these general conditions are met, to definitively accept the accommodation booking request.
§ 2º. During the analysis period defined in § 1, within the first 24 (twenty-four) hours, a provisional acceptance may be made available, by mere liberality, allowing the HOST(S) limited rights over the accommodation reservation request, until the prior security procedures for an accommodation free of defects have been completed.
§ 3º. The reservation will be processed upon payment of the sum of the main and ancillary services, complementary and specific to the tourism activity, contracted and receipt of the guarantee amount, which may be transacted by credit card, debit card, virtual card, bank slip or electronic transfer, jointly or individually.
§ 4. The services mentioned in § 3 may be billed by PINEAPPLES and/or authorized third parties, in a single or individual invoice per service, and shall not constitute a tied sale, even in the case of joint charges, through different payment methods.
§ 5. PINEAPPLES may generate billing notices by e-mail, informing of pending payments for additional services, the contract guarantee amount or the security deposit, as well as generate additional charges for services contracted and not paid at the time of the reservation request.
§ 6. The payments described in § 5 are part of the prior security procedures described in § 2 of this clause 2 and prevent the final acceptance of the accommodation reservation request.
Clause 3. The booking will be made, as a rule, electronically, but in order to accept the accommodation reservation request, in addition to proof of payment of the daily rates, the guarantee and the additional services contracted, when applicable, the prior submission of the GUEST(S) qualification data and copy(ies) of the national or foreign civil identification document(s).
Clause 4. Prior submission of qualification data is understood as the provision, at the time of completing the reservation request, of the following data:
- Full name(s) of guest(s);
- Number of civil identification document indicating the agency and date of issue of the guest(s);
- CPF registration number of guest(s);
- Full address (indicating the street, with number and respective complement, neighborhood, city, postal code and country);
- Contact telephone number(s) of the guest and the contracting party, in the case of a legal entity; and
- E-mail address(es) of the guest and the contracting party, in the case of a legal entity.
§ 1º. Providing the information does not eliminate the need to submit an identification document.
§ 2º. The Brazilian civil identification document is replaced by a foreign passport or a MERCOSUR civil identification document.
Clause 5. Under no circumstances, except in those required by law, will there be a refund of amounts related to reservation requests for accommodation services.
Sole paragraph. In cases where there is a legal obligation, if the cancellation occurs less than 24 (twenty-four) hours in advance, one daily rate for the property will be charged as compensation, in accordance with the legal basis supported by the theory of loss of opportunity.
Clause 6. The policy for refunding amounts related to accessory services contracted when completing accommodation reservation requests varies according to the nature of the service and the provider.
§ 1º. The cases of cancellation of accessory services will be dealt with individually, in the addendums to the specific clauses.
§ 2º. Changes to accommodation reservation requests will only be acknowledged after PINEAPPLES confirms the request in writing, extending the deadline set out in § 1 of clause 2 by 24 (twenty-four) hours for final acceptance.
Clause 7. The virtual platforms used by PINEAPPLES to publish accommodation advertisements have their own Terms of Service, and PINEAPPLES does not have control over the contracting procedures imposed by its commercial partners.
SERVICE DESCRIPTION
Clause 8. The SEASONAL STAY service is characterized by the provision of tourist accommodation services for the exclusive purpose of leisure, vacation and long weekends or stay during the final stage of negotiations for closing business deals in commercial activities, construction work on a residential home, courses or medical treatment; providing economic movement, incentives for work and employment, income and public revenues; promoting and assisting economic and social development, cultural diversity; meeting the precepts and purposes contained in art. 2 and sole art. 2 of Law No. 11,771, of September 17, 2008.
ACCOMMODATION
Clause 9. Accommodation includes the property and the furniture that furnishes it, as described in the advertisement selected by the GUEST in the virtual environment where they are conducting their research, whether on the PINEAPPLES website or that of a commercial partner.
Sole paragraph. The advertisement, with a description of the characteristics of the property and information about the furniture, as well as the request for reservation of accommodation, the authorization to debit reservations paid by bank card, as well as other formal administrative evidence used by PINEAPPLES, constitute integral parts of this contract.
Clause 10. Individuals or legal entities responsible for the accommodation reservation request must list all those involved in the use and/or occupation of the property, whether or not they are financially dependent on them, in the case of individuals, or employees, partners or administrators, in the case of legal entities, stating, when applicable, that they will be jointly and severally liable for any direct or indirect damages arising from the legal relationship established herein.
Clause 11. Any alteration or modification to the property involved in the accommodation is prohibited, and the property must be returned without any damage to the furnishings and in the same habitable condition.
Sole paragraph. It is expressly forbidden for any animal to remain inside the property, except in cases where there is express authorization in the property description.
Clause 12. GUEST(S) will allow PINEAPPLES representatives or agents to enter the property whenever necessary and previously scheduled, in accordance with PINEAPPLES' schedule availability.
CONTRACTUAL TERM
Clause 13. The term of this contract shall not, under any circumstances, exceed the legal term of 1 (one) year, with the term of the stay being set out in the reservation request.
§ 1. This contract may be extended for the same period, with the signing of a new instrument, provided that the term set out in the caput is not exceeded.
§ 2. The contract has terms of commencement and end at 3:00 p.m. and 11:00 a.m., respectively, considering the start and end days set out in the reservation request.
§ 3. Upon termination of the contract, the GUEST(s) shall return the property to PINEAPPLES completely vacant and in the same habitable conditions as when it was delivered, except for two cases, both subject to availability and payment of 50% (fifty percent) of the daily rate contracted:
- Early check in, when PINEAPPLES will allow the guest and their respective companions to enter before 3:00 p.m.; and
- Late check out, when PINEAPPLES will allow the guest and their respective companions to leave after 11:00 a.m.
§ 4. Excluding the case provided for in item b of § 3 of this clause, after 11:00 a.m., the electronic lock that allows entry to the property will be programmed to no longer allow the GUEST(s) access to its interior.
§ 5. It is considered mere liberality on the part of PINEAPPLES:
- Permitting a delay in the time for vacating the property;
- Charging 1 (one) additional daily rate to allow GUEST(S) to enter the property after the deadline defined in § 4 of this clause.
§ 6. The definition of item b of § 5, above, is found in § 4 of art. 23 of Law No. 11,771, of 09/17/2008: “A daily rate is understood as the price of accommodation corresponding to the use of the housing unit and the services included, in the period of 24 (twenty-four) hours, included in the times set for guest arrival and departure.”
§ 7. The terms defined by this contract are counted in months, but the cases of contracting or use of less than 1 (one) month will be treated considering proportionality.
PAYMENT
Clause 14. The GUEST(s) shall pay PINEAPPLES, as an advance payment, the amount agreed upon in the accommodation reservation request, considering only the accommodation services at the chosen property.
§ 1. Payment is a condition for entry into the property and shall be processed by any means made available by PINEAPPLES through its website or through a commercial partner.
§ 2. Payment(s) shall be processed in accordance with the services selected in the accommodation reservation request and in accordance with §§ of clause 2 of this contract.
§ 3. If payment is agreed upon in monthly installments, these shall be made by the fifth day of the subsequent months, starting on the day indicated as the initial term in the reservation request.
§ 4. The parties are free to negotiate, at the time of contracting, payment by credit card in the form of a single payment, installments or recurring billing.
§ 5. Failure to comply with the obligation described in § 3 above shall render the GUEST(S) in default and shall impose a fine of 20% (twenty percent) on the value of 1 (one) daily rate, subject to termination of the contract and loss of the amounts paid.
§ 6. In the event provided for in § 5 above, PINEAPPLES may block the GUEST(S) from entering the property by blocking the electronic lock as of the 1st business day of the month following the delay, maintaining the other contractual conditions to the extent applicable.
§ 7. As an alternative to § 6 of this clause, specifically regarding properties that do not have an electronic lock, PINEAPPLES may notify the condominium manager of the end of the contractual term so that the GUEST(s) are prevented from entering the condominium premises unaccompanied by a PINEAPPLES representative.
§ 8. Exceptionally, in cases of accommodation involving house-type properties, installed outside condominiums, PINEAPPLES is authorized to replace the lock(s) and key(s), with such expense being borne by the GUEST(s).
§ 9. During the term of this contract, PINEAPPLES reserves the right to change the method of collection of the financial obligations, principal or accessory, arising therefrom to bank slip.
SUBMISSION OF DOCUMENTS
Clause 15. The appropriate time to submit the civil identification documents of the people who will be staying at the property to PINEAPPLES is when filling out the accommodation reservation request, when the files must be uploaded. However, PINEAPPLES reserves the right to receive any document in an alternative format.
RESPONSIBILITY
Clause 16. The GUEST(s) is/are responsible for any fines that he/she may incur due to:
- failure to comply with current legislation, at any federal, state or municipal level, rules of the Residents' Association, etc.;
- infringement of the Internal Regulations or Convention of the Condominium that forms part of the autonomous unit under his/her responsibility.
Clause 17. In the event of the occurrence of § 3 of clause 14, the GUEST(S) shall be obliged, without prejudice to the general terms of the other §§ of the aforementioned clause, to compensate PINEAPPLES, in the amount corresponding to the sum of the daily rates used without their consent, plus 10% (ten percent) of attorney's fees.
Sole paragraph. If it is necessary to resort to the Judiciary to enforce the rights agreed upon herein, including an eviction action in relation to the outstanding amounts with main and accessory obligations, the attorney's fees owed by the CONTRACTOR shall be 20% (twenty percent).
GUARANTEE
Clause 18. The GUEST(s) authorizes PINEAPPLES to debit the credit card provided for payment or guarantee of the obligations provided for in this contract, the amount equivalent to any and all obligations pending fulfillment that are provided for in this contract.
§ 1. Included within the context and also authorized for payment by credit card debit are compensation for damages resulting from the accommodation, which have been caused by the contracting party or other persons under their responsibility, whether companions, guests or third parties.
§ 2. If the contract is executed without the adoption of a credit card as a means of payment for the obligations assumed by the GUEST(s); or, if it is not possible, in any case, to debit originating from the previous §§, through the credit card provided, the CONTRACTED PARTY will issue a collection document, subject to protest, containing the description of the obligations pending fulfillment, damages resulting from the accommodation and respective amounts.
DELIVERY OF KEYS
Clause 19. The formal act of “delivery of keys” must occur without fail on the date stipulated in this contract.
SPECIFIC CLAUSES
OF TOURISM SERVICES
Clause 20. The additional services provided by PINEAPPLES, whether or not listed in this instrument, when provided or contracted for future provision, may be invoiced jointly or individually from the terms described herein, but the form of contracting will always be separate and through a separate instrument.
Clause 21. The following services are not mandatory for the GUEST(S), but are available as ancillary services to the services involving accommodation:
- Sale of airline tickets and tourist packages;
- Reservation and/or sale of tickets for public, artistic, sporting and cultural shows;
- Intermediation in the contracting of third-party vehicle rental contracts;
- Intermediation and/or representation of suppliers of tourist services, including surface transportation;
- Intermediation and/or indication in the contracting of assistance card contracts, with or without the inclusion of insurance coverage intended to protect travelers; and
- Intermediation in obtaining and/or legalizing documents for travelers.
Clause 22. The list of services listed in clause 23 is illustrative, and PINEAPPLES complies only with the limits imposed by current legislation regarding the services permitted for the company's core business.
Sole paragraph. Each of the services mentioned in the paragraphs of the previous clause will be provided by PINEAPPLES or a partner authorized to provide the service on an outsourced basis, and may be contracted jointly or individually, but the provision will always be individualized and regulated by means of a specific addendum.
Clause 23. This instrument is made up of Addendums A; B; C; D; E; and F, which complement the specific clauses of this instrument with the individualized specification of the services, marketing conditions and form of provision.
Clause 24. The jurisdiction of the District of the Capital of the State of Rio de Janeiro is elected to resolve any doubts or omissions arising from this contract, excluding any other.
