Proprietary Terms and Conditions:
The following definitions, together with the clauses below and any documents referred to here, form the Terms and Conditions (“Terms”). The terms below will have the following meanings:
To “Belmira”:
Public/commercial name Belmira owned and operated by I TOLD YOU, UNIPESSOAL LDA
The “Local”:
Any property represented on the Website/Belmira or in the process of being registered
The “Owner”:
Holders of the right to own the Site, or who obtained from the legitimate owner (s) the necessary powers to enter into these Terms and to grant Belmira the rights set forth herein
The “Project”:
Customer Project
The “Customer”:
Who uses the Local
“Dates of Use”:
Dates of each space assignment
“Hours”:
Time agreed for each assignment of space
“Price/Day”:
Daily space transfer price + VAT
“Total” value:
Total amount of the transfer of the space + VAT, excluding complementary services provided
“Website”:
www.belmira.pt and subdomains
“User”:
Who uses the Website
Agencies:
1.a) The Owner acknowledges and agrees that Belmira represents and promotes its Site in any format or medium that Belmira deems appropriate, for the purpose of temporarily assigning its use to third parties (“Client”), who may use the Site to carry out essays, recordings, filming and photographic sessions through any technical means or in any other way it deems appropriate and also for holding events.
1.b) Belmira has the right to refuse booking and/or remove all or part of the Site from the Website without prior notice.
1.c) Belmira does not guarantee that the use of the Site will take place.
1.d) Belmira reserves the right not to reveal its commercial or public name when promoting the Site. Consequently, Belmira has the right to remove elements identifying the commercial or public name of the Site from the photographs sent to it by the Owner.
2. The Owner guarantees that all information transmitted and sent to Belmira about the Site, including, without limitation, the photographs, dimensions, location and any others correspond to the Site and reflect reality.
3. The Owner acknowledges and agrees that all communication relating to the temporary assignment of the Site to the Customer is made exclusively through Belmira and that the Owner may not assign the Site to the Customer or to any other entity that he has met through Belmira, directly or indirectly, during the term of these Terms and up to one year after their expiry.
4. The Owner may terminate this contract by written communication addressed to Belmira at least 30 (thirty) days in advance of the date on which such termination will take effect, however, the Owner must, in any case, honor all transfers that have been, prior to the date of receipt of the notice of termination by Belmira, confirmed by contract or orally with Belmira or the Customer, even if these occur on dates after the intended termination of the Contract.
5. Any written notifications to Belmira must be made to the email info@belmira.pt or to the email advertised on the Website.
6. If the Owner changes the configuration of the Site, whether structural, aesthetic or other changes, he must inform Belmira and, if requested, send new photographs and other data from the Site that reproduce such changes.
7. The Owner must make every reasonable effort to allow the transfer of the Site to the Customer, presenting, if necessary, alternative dates for this purpose.
8. The authorizations granted under these Terms, namely for Belmira to promote the Site with a view to its temporary assignment, are granted by the Owner, who hereby declares to be the holder of the rights necessary for this purpose, being the sole owner of the right of ownership over the Site, or who obtained from the legitimate owner (s) the necessary powers to enter into these Terms and to grant Belmira the rights provided for here.
9. If there is any change in the ownership of the Site, the Owner must immediately inform Belmira of this change.
Temporary assignment of the Site:
10.a) Belmira will contact the Owner if and when there is an interest in the use of the Site by a Customer, and the Dates of Use and the Total amount to be paid by the Customer will be agreed between Belmira and the Owner.
10.b) The Owner undertakes to accept, when necessary and free of charge, up to two visits by the Customer to the Site, on a date agreed between Belmira and the Owner, even if one of the visits occurs before the use of the Site is confirmed.
10.c) The Owner reserves the right not to accept reservation requests, and Belmira will not be able to confirm any reservation without your prior approval.
10.d) Once a reservation has been confirmed between Belmira and the Owner (in writing or verbally), the Owner undertakes to honor that reservation and to ensure that the Venue is available and complies with all the conditions described in these Terms.
10. e) The Owner is responsible for receiving the Customer at the Times and Dates of Use and providing him with access to the Site or for ensuring that someone on his behalf does so, or even for finding a solution with Belmira to receive the Customer at the Site, which, being responsible for it, will be provided as a complementary service with a remuneration to be agreed.
10.f) The Owner will notify Belmira within 5 (five) business days after the Customer terminates the use of the Site of any damage caused to the Site or of any other violation of the Terms between the Owner and the Customer.
11. The Owner acknowledges and agrees that Belmira will draft a contract to be signed between the Owner and the Customer that will title each assignment of the Site to the Customer and which is intended to govern the relations between the Owner and the Customer.
12. The Owner must ensure that the Site is clean and in a condition similar to those of the photographs presented on the Belmira website, both during the Customer's visits and at the Times and Dates of Use.
Payments:
13.a) The Price/Day is the base amount proposed by the Owner to Belmira, which represents the daily amount that the Owner intends to be charged to the Customer for each day the Site is transferred.
13.b) Belmira will negotiate with the Customer the final price, which will be based on the number of days of use, the type of project, the size of the team and other factors that Belmira considers relevant.
14. Belmira will be entitled to a commission (hereinafter “the Commission”) of 20% of the total price for each transfer, plus VAT at the current legal rate.
15.a) The Total amount will be paid in full to Belmira by the Customer prior to the start of the Dates of Use, with the exception of exceptions agreed between the Owner and Belmira.
15.b) Belmira, after receiving the payment referred to in the previous paragraph, will pay the Owner the total amount deducted from the Belmira Commission plus VAT, within 5 (five) days and always upon prior receipt of the invoice receipt by the Owner of an amount corresponding to the total amount of the price deducted from the amount of the Commission.
15.c) Belmira is not responsible for payment to the Owner if the Customer does not make the payment.
16. All payments from Belmira to the Owner indicated in the Terms will be made by bank transfer to the NIB indicated by the Owner and subject to the issuance of an invoice-receipt.
17. All amounts set out in these Terms do not include VAT (unless otherwise specified), which must be settled in accordance with the law.
General:
18. Belmira may at any time modify these Terms. Any significant changes will be notified on the Website or by e-mail (when provided to Belmira by the User).
19. If you have questions or concerns about these Terms, please contact us via email or to the email advertised on the Website.
20. A party's waiver, failure, or delay in exercising any right provided for in these Terms or the law will not constitute a subsequent waiver of the same or any other right, nor will it prevent or restrict any subsequent exercise of that or any other right.
21. These Terms are governed by Portuguese law. The Portuguese courts will have exclusive jurisdiction over any dispute or claim arising out of or relating to these Terms.
22. In the event of a breach by either party of any of the clauses of these Terms, the party causing that breach will be responsible for the losses it causes to the other.
23. To settle any dispute arising from the Terms, the parties choose the district court of Lisbon, with the express waiver of any other.
24. Within the scope of these Terms, when any of the Parties may carry out personal data processing operations or have access, by any means or in any way, to said data, the parties declare and guarantee that they will comply with applicable national and European legislation, namely Regulation (EC) 2016/679 of the European Parliament and the Council, of April 27, 2016 (hereinafter RGPD) and Law no. 58/2019, of 08/08.
Last updated in January 2024.