GENERAL CONDITIONS
1. Object
1.1 These General Conditions of Contract are designed to establish the terms and conditions governing the provision of travel services organized by RASO - Viagens e Turismo SA, a company headquartered at Avenida do Colégio Militar, number 37 F, 5th floor, "Torre Oriente" in Lisbon, registered at the Commercial Registry Office of Lisbon, with a single registration number and a legal person numbering 500 886 113, with a share capital of six million euros, with Registration Number 1819, in the Register National Agency of Travel and Tourism Agencies (RNAVT) (hereinafter referred to as AGENCY), in addition to any Particular Conditions agreed between the Client and the Agency.
1.2. The terms set forth in the Particular Conditions, if any, shall prevail over the provisions of these General Terms and shall prevail over both any additional written provisions specially agreed between the Client and the AGENCY.
1.3. The services and products are offered to Customer under the terms and conditions expressed herein.
1.4. By contracting with the AGENCY the Client acknowledges and accepts all the terms and conditions established.
1.5 By accepting these terms and conditions, you acknowledge and agree that it is mandatory to enter into a motorcycle rental contract with HR Aluguer de Automóveis S.A. (hereinafter "Hertz Ride") before the start of the trip.
1.6 The economic activity code of RASO is 79110 - Activities of travel agencies.
1.7 These general conditions comply with the provisions of Decree-Law 61/2011 of May 6, with the amendment that was introduced by Decree-Law 199/2012 of August 24.
2. INSCRIPTIONS
2.1 Reservations are made on a first-come, first-served basis and limited to a certain number of places.
2.2 At the time of registration and reservation the customer must pay 25% of the total service to be contracted.
2.3 If the trip to which the customer subscribes results from a combined tour operator program and does not result from automatic booking processes, a payment of 25% of the price of the trip must be made, paying the remaining 75% up to 60 days before the start of the trip. If the registration is made less than 60 days before the start of the trip, the customer must pay 100% of the value and will be conditioned to the availability of all services.
2.4 Exceptions are those where suppliers impose payment terms different from those set out above, regardless of the reservation period, with the terms of those suppliers. If applicable, the Agency will communicate the amount to be paid as soon as it obtains this information and it is the responsibility of the client to ensure the respective payment to make the reservation.
2.5 The Agency reserves the right to cancel any registration whose payment has not been made under the above conditions.
2.6 Reserves are conditional on obtaining confirmation from suppliers of all services.
3 SPECIAL CONDITIONS FOR CHILDREN:
Given the diversity of conditions applied to children (destination and supplier) it is recommended to always question the special conditions that may be applied to the trip in question.
4 AVULSO SERVICE RESERVATIONS
4.1 RESERVATION OF FLIGHTS
4.1.1 The AGENCY reserves the flights using a global reservation system.
4.1.2 Responsibility for information on availability, schedules, type of equipment, stopovers and airports is entirely the responsibility of the airlines.
4.1.3 The client must, before embarkation, reconfirm the flight schedule (s) to be used with the airline or the AGENCY services. The AGENCY is not responsible for changes in schedules made by airlines.
4.1.4 The departure and arrival times are indicated in the local time of their country and according to the schedules of their airlines,
4.1.5 The prices quoted may not include additional services such as meals on board, luggage, check-in, etc. The customer should contact the Agency if they do not obtain information when booking.
4.1.6 The AGENCY, in order to reduce the cost of travel to the customer, can offer travel solutions that result from the issuance of multiple tickets.
4.1.7 The tariffs used are normally restrictive and non-refundable, such information being made available in advance of the reservation
4.1.8 Some airlines operate in a system sharing equipment to certain destinations (codeShare) and the flight may be operated by another carrier.
4.1.9 The issuance of transport tickets establishes the contract with the transport companies, with the passengers being subject to the specific conditions of transport, which are included in the respective transport document issued.
4.2 ACCOMMODATION RESERVATION
4.2.1 The AGENCY makes hotel reservations using reservation centers and / or contracting itself or directly with hotel units in the destination.
4.2.2 The responsibility for the information regarding the availability and prices of the desired accommodation is of the suppliers.
4.2.3 The proposed tariffs are dynamic and may, if the reservation is not made immediately, undergo price changes.
4.2.4 The types of accommodation available are presented by the service providers. Any special requests will be sent to the service provider but can not be guaranteed by the AGENCY.
4.2.5 The AGENCY, after reservation, payment and good collection of the selected stay, issues a voucher that will be delivered or sent by e-mail to the customer, which must be presented upon check-in.
4.2.6 The confirmation of a reservation through the AGENCY is communicated to the supplier according to the contractual conditions and may in certain cases not be immediate, especially in situations where the reservation is not for the same day
4.2.7 The hotel units provide a description of their facilities and services and are solely responsible for the information provided.
4.2.8 The group, classification and denomination of accommodation are determined by the host State which are sometimes different from those used in Portugal. The list of hotels and apartments presented is indicative, as well as its category. As regards accommodation, the following special rules apply:
i) Apartments: The Client is fully responsible for the number of people (adults and children) who will occupy the apartment. In the event of more people being present than those booked, accommodation providers may refuse entry.
ii) Hotels: The prices quoted are per person and are based on double occupancy. Not all hotels have a triple room, so an extra bed is placed in a double room, which may not be of the same quality and comfort. In the case of rooms with two beds or double beds, it is considered that, in most cases, the triple only consists of these two beds.
4.2.9 Hours: As an indicative rule, rooms can usually be used from 2 pm on the day of arrival and must be left free before 12 noon on the day of departure. In the apartments, the entrance is usually verified at 5:00 pm on the day of arrival, and they must be free before 10:00 am on the day of departure. The delivery of the keys is usually done within the normal hours of operation of the offices, at the reception, at a location to be indicated by the Agency
4.2.10 Half-board or full-board stays do not include meals that coincide with flight hours, transportation to and from the airport and waiting for air connections.
On arrival at the hotel after 7pm the first meal service will be breakfast the next day. On the last day and unless there is a possibility of late check-out, the last service of the hotel will be breakfast
4.2.11 Unless otherwise noted, drinks are not included in full and / or half-pension schemes.
4.2.12 Any specific request of the Client relating to meals is always dependent on the supplier's confirmation and may entail the payment of a supplement.
4.3 RENTAL OF MOTORCYCLES
4.3.1 AGENCY acts as a mere intermediary in motorcycle rental services, limiting itself to directing rental requests to Hertz Ride.
4.3.2 The information on price, type of motorcycle, place of delivery and other information regarding the rental of the motorcycle is the responsibility of Hertz Ride. Hertz Ride distributes its fleet in groups, and the brand and model of motorcycle associated with a certain group is merely indicative and only the reserved group is guaranteed in the reserve.
4.3.3 The customer accepting the reservation is subject to the conditions of supply of the Hertz Ride service
The AGENCY is not responsible for any breach by Hertz Ride.
4.3.4 The customer is responsible for the payment of any extras contracted locally and not considered in the price initially informed.
4.4 OTHER SERVICES
4.4.1 Service requests are processed and answered by e-mail, whenever possible, to customers by sending or submitting a proposal.
4.4.2 Services requested only with payment (even if partial) can not be considered reserved, whereby the values ??may change until the time of reservation.
4.4.4 The award of the proposal by the client must be made in writing and implies payment of the registration fee in accordance with the terms of 2.
5. INFORMATION PURSUANT TO LAW No. 144/2015 OF SEPTEMBER 8
Pursuant to Law No. 144/2015 of September 8, we hereby inform you that the Client may use the following Alternative Dispute Resolution Entities:
i) Provider of the Client of the Travel and Tourism Agencies in www.provedorapavt.com;
ii) Portugal Tourism Arbitration Commission in www.turismodeportugal.pt
iii) or to any of the entities duly indicated in the list provided by the General Directorate of Consumer in http://www.consumidor.pt whose consultation we advise already.
6. COMPLAINTS
Complaints can only be considered provided that they are submitted in writing to the agency within a maximum of 30 days after the end of the provision of services.
In the event of a claim for non-compliance with the services contracted, the customer may call the Travel and Tourism Guarantee Fund provided for in the terms of DL 61/2011 dated May 6th in its current wording, and must present the respective complaint:
i) Together with the Customer Ombudsman, since RASO, Viagens e Turismo, S.A is a member of the Customer Service Provider of Travel and Tourism Agencies in www.provedorapavt.com. In order to enjoy this service, you must submit your complaint in writing within 20 working days of the end of the trip. The agencies are bound to punctually comply with the decision that may be issued by such entity.
ii) Together with Turismo de Portugal I.P in www.turismodeportugal.pt within 30 days after:
(a) the end of the trip; (b) the cancellation of the trip attributable to the agency; (c) the date of acknowledgment of the impossibility of its realization for reasons attributable to the agency; (d) the closure of the establishment.
iii) Together with any of the entities on the website of the General Directorate of Consumer in http://www.consumidor.pt
7. BAGGAGE
7.1 The agency is responsible for baggage under legal terms;
7.2 The customer is obliged to complain to the entity providing the services at the moment of subtraction, deterioration or destruction of luggage.
7.3 In the international transport, in case of damage in the luggage, the complaint must be made in writing to the carrier immediately after the verification of the damage, and a maximum of 7 days from its delivery. In the event of a delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery.
7.4 The presentation of such a complaint is provided for in the International Conventions and is essential for triggering the responsibility of the Agency over the entity providing the service.
8. LIMITS
8.1 The liability of the agency shall be limited to the maximum amount payable to service providers in accordance with the Montreal Convention of 28 May 1999 on International Carriage by Air and the Berne Convention of 1961 on Rail Transport.
8.2 With regard to maritime transport, the liability of travel agents in relation to their customers for the provision of transport services or accommodation where appropriate by maritime transport undertakings in the case of damage resulting from intent or negligence shall be limited to the following amounts:
a) € 441,436, in case of death or personal injury;
b) € 7,881, in the event of total or partial loss of luggage or damage;
c) € 31,424, in the event of loss of a motor vehicle, including the luggage contained therein;
d) € 10,375 in the event of loss of baggage, accompanied or not, contained in a motor vehicle;
e) € 1,097, for damage to the luggage, as a result of damage to the motor vehicle.
8.3 Where it exists, the responsibility of travel and tourism agencies for the deterioration, destruction and subtraction of luggage or other articles in tourist accommodation establishments, while the customer is staying there, has the following limits:
a) € 1.397, overall;
b) € 449 per article;
c) The value declared by the client, for the articles deposited in the custody of the tourist accommodation establishment.
8.4 The liability of the agency for non-bodily damages may be contractually limited to the amount corresponding to five times the price of the service sold.
9. BOOKING FEES AND EXPENSES
9.1 Each service booked through AGENCIA is subject to a service fee that is posted in stores in a visible location and will be confirmed prior to the completion of the reservation request.
9.2 The client, when making the reservation, accepts the rates mentioned there
9.3 In the case of flights, airport charges are differentiated and differentiated from the cost of airfare.
9.4 In some destinations, there are airport, inbound, outbound and local rates, which are to be paid locally and are not included in the return information.
9.5 Some cities charge a tourist tax. As a rule the value is not included in the price of the accommodation and must be paid locally.
9.6 The values mentioned in 9.4 and 9.5 will be duly informed to the client before the reservation is made.
10. DOCUMENTATION
10.1 The client must have in good order his or her personal or family documentation, (identity card, military documentation, authorization for minors, visas, certificate of vaccines and others that may be required). The agency declines any responsibility for the refusal to grant visas or the non-entry permit to the client in a foreign country; being still of the client's account any and all costs that such situation entails.
10.2 Travel in the European Union:
i) Customers (irrespective of age) who move within the European Union must be holders of the respective civil identification document (passport; B.I, Citizen's Card);
ii) To obtain medical assistance they must be holders of the respective European Health Insurance Card;
iii) Non-EU nationals should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
10.3 Travel outside the European Union:
i) Customers (regardless of age) who move must have their passport and visa if necessary (obtain such information from the agency at the time of booking);
ii) nationals of non-Community countries should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
10.4 Minors who travel together with their parents or authorized by them with other adults are required to be holders of their own identification document; citizen's card or ID card, passport.
10.5 Some countries for which a passport is required require the validity of the passport to be more than 6 months after the date of departure from the country of destination.
11. CHANGES BY THE CUSTOMER
11.1 If the suppliers of the travel concerned allow, whenever a customer, registered for a particular trip, wishes to change his registration for another trip or to the same departure from a different date, or any other change, he shall pay the fee, expenditure.
11.2 However, when the change takes place 21 days or less in advance of the departure date of the trip for which the customer is registered, or if the service providers do not accept the change, he shall be subject to the expenses and charges under the heading "withdrawal (rescission)".
11.3 After the trip has commenced, if requested to change the services contracted for reasons not attributable to the AGENCY (eg extension of the nights of stay, change of flight) the prices of the tourist services may not correspond to those published in the brochure that motivated the hiring.
12. ASSIGNMENT OF THE REGISTRATION (CONTRACTUAL POSITION)
12.1 The customer may assign his / her registration and be replaced by another person who fulfills all the conditions required for the trip, provided that he / she notifies the agency at least seven days in advance and that such assignment is possible under the regulations of applicable air transport. In case of cruises and long-haul air travel, the deadline will be fifteen days in advance.
12.2 The assignment of the registration shall be jointly and severally liable for the payment of the price of the trip and for the additional charges arising from the assignment.
13. AMENDMENTS
Whenever there are other reasons why, the agency may change the order of the routes, modify the departure times or replace any of the hotels provided by others of similar category and location and inform the client of such change as soon as he is aware of it .
14. CANCELLATION OF THE PROGRAM BY THE AGENCY
When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the package trip if the number of participants reached is less than the minimum. In these cases, the customer will be informed in writing of the cancellation within 30 days.
15. AMENDMENT TO PRICE (tourist packages)
Constant prices are based on service costs and exchange rates prevailing at the time of publication and are subject to changes resulting from changes in the cost of transport or fuel, duties, taxes, fees and currency fluctuations up to 20 days before of the date of travel. In the case of currency fluctuations, the calculation shall be made taking into account the difference between the exchange rate in force at the date of publication and the date on which such change is communicated to the customer.
16. REFUNDS
Once the service is started, no refund for services not used by the customer due to force majeure or for reasons attributable to the customer, except for reimbursement by the respective suppliers, is due. Failure to provide services provided for reasons attributable to the organizing agency and if it is not possible to replace them with other equivalent, gives the customer the right to be reimbursed for the difference between the price of the services provided and those actually provided.
17. IMPOSSIBLE FOR COMPLIANCE
17.1 If, prior to the commencement of the trip and because of events not attributable to the organizing agency, it is unable to carry out any essential service contained in the travel program, the client has the right to withdraw from the trip and is reimbursed for all sums paid. alternative, accept a change and possible price change.
17.2 If the said events that are not attributable to the organizing agency determine the cancellation of the trip, the client may also opt to participate in another organized trip of equivalent price. If the arranged trip proposed in substitution is of lower price, the customer will be refunded the respective difference.
18. WITHDRAWAL (TERMINATION)
18.1 The Client or any of his / her companions is free to give up the trip at any time.
18.2 Such cancellation implies that it is responsible for the payment of all charges to which the beginning of the performance of the contract and its withdrawal and even a percentage that can go up to 50% of the price of the trip.
18.3 Where applicable, the customer shall be reimbursed for the difference between the amount paid and the amounts referred to above.
19. CANCELLATION
If for reasons not attributable to the customer, the agency has to cancel the package before the date of departure, the customer can choose:
i) be reimbursed of all sums paid, or
ii) Alternatively, choose to participate in another organized trip, being reimbursed of any possible price difference;
20. RESPONSIBILITY
20.1 Under the terms of the legislation in force the responsibility of the agency is guaranteed by civil liability insurance in the company Fidelidade Mundial Insurance with policy number 0035816 in the amount of € 99760.00. It also contributed to the Guarantee Fund for Travel and Tourism (FGVT - DL 61/2011 of 06 May with the wording given to it by DL 199/2012 of 24 August).
20.2 Customer acknowledges that travel operators and agents, including GeoStar and Hertz Ride, are not responsible for the Customer's safety, individually and collectively, and can not be held liable for any occurrence related to the trip, whether it is an injury, death or damage of their property.
20.3 During the day, while the motorcycle has yet to be conducted, the Customer is not authorized to drink any alcoholic beverages or medicines that may affect his ability to drive. Alcoholic beverages are only allowed after the correct parking of the motorcycle in the hotel and in safety.
20.4 The guide indicates only an approximate driving route, so that the Client follows this route on his own responsibility and is required to adapt his driving style and ability to the prevailing circumstances. If Customer is not in a position to follow a driving route, then Customer must immediately notify the guide accordingly.
21. FORMS OF PAYMENT
21.1 The AGENCY makes available the following forms of payment:
•Reference MB
•Credit card
•Money
•Pre-purchased products (Travel Check, Giving Card, etc.)
•Bank transfer*
•Check
*The use of payments by bank transfer is only possible in some services / products and the client, if you wish to use this form of payment, contact the Customer Service Line via email or telephone.
21.2 The forms of payment are indicated according to the type of service reserved and in some situations, do not allow the use of the forms of payment indicated in 21.1.
21.3 Payment of services using pre-purchased products such as Travelers Checks and others is not possible automatically and requires the submission of original documents.
21.4 Travel documents are issued upon payment and verification of good collection.
21.5 The Agency reserves the right to cancel reservations that have not been paid within the time limits indicated or in case of suspected fraud.
21.6 In case of suspected fraud using credit cards for payment, the AGENCY may request the delivery of a copy of the card used and a copy of the identification document.
21.7 In the event of fraud, services are automatically canceled regardless of whether the travel documents are issued or the travel and / or stay have already begun.
22. LEGISLATION AND JURISDICTION
All disputes arising from the interpretation or execution of these General Conditions shall apply to Portuguese law.
23. INSURANCE
The agency offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
24. CHANGES TO GENERAL CONDITIONS
The Agency reserves the right to change the present General Conditions at any time and whenever this proves necessary, giving this knowledge to the client and prior to the execution of the reservation. Such alteration will not affect, however, reservations already made.
25. AVULSAS PROVISIONS
If any part or provision of these General Conditions is considered void or of no effect, the remaining provisions will remain in force and their overall validity will not be affected unless it can be concluded that the parties would not have agreed to the provision service or supply of the product had the provision in question been void or ineffective.
GRADES:
• The other special conditions will be included in the brochure of each specific destination and trip - particular conditions - that are part of the travel contract.
• These general conditions may be supplemented by any other specific conditions, provided they are duly agreed by the parties.
• Program prices are based on the average dollar exchange rate, so any relevant derivation of this currency may imply a revision of travel prices under the terms of the "price change" clause.
• Due to the constant changes in the price of fuel over the prices charged, there may be a change in the fuel surcharge inserted in the price under the terms of the "price change" clause.
• The categories of hotels and cruises shown in the brochures follow the quality standards of the host country, and may be changed by similar ones when, for reasons unrelated to the agency, it is not possible to maintain or confirm the existing reservation, inform the client as soon as he becomes aware of it.
Hours of arrival or departure
The departure and arrival times are indicated in the local time of their country and according to the schedules of their airlines at the time of printing of this program and may therefore be subject to change.
On trips that include bus transportation the indicated hours are approximate.
Meals
Unless otherwise noted, drinks are not included in the lunches or dinners provided for in their travel programs (full and / or half board).
Any specific Customer request regarding meals is always dependent on the supplier's- confirmation and may involve the payment of a supplement.
For those traveling on a half-board or full-board basis, meals that match flight hours, transportation to and from the airport and waiting for air connections are not included.
On arrival at the hotel after 7:00 pm the first meal service will be breakfast the next day, on the last day and unless there is a possibility of late check-out, the last service of the hotel will be breakfast.
Check-in and check-out
The hours and entrance and exit on the first and last day, will be defined according to the first and last service. As a general rule, non-binding rooms can be used from 2 pm on the day of arrival and must be left free until 12 noon on the day of departure.
In the apartments the entrance is usually verified by 5pm on the day of arrival and should be left free until 10am on the day of departure.