The present program / catalog is the information document in which these general conditions are inserted, forming an integral part of it and constituting, in the absence of an autonomous document, the travel contract.
This information is binding on the agency unless cumulatively:
The Program expressly provides;
Changes to it are insignificant;
The information on the change is provided to the traveler on a durable medium;
These general conditions comply with the provisions of the legislation in force. The General Conditions whose object is an Organized Journey or Related Travel Service contained in this program, the corresponding standard information sheets and the particular conditions contained in the travel documentation provided to the Traveler at the time of booking of the trip constitute the travel contract that binds the parties.
1.1 The travel organization included in this brochure is Alive Portugal – Travel Agency, S.A., headquartered at Avenida da Boavista, No. 5083 | 4100-141 Porto, C.R.C. do Porto under No. 510144160, holder of RNAVT No. 3241
At the time of registration, the traveler will make the payment that is requested. If enrollment takes place 21 days or less from the date of service start, the total price of the service must be paid at the time of registration. Alive Portugal – Travel Agency, S.A. reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above. The reservations are conditional upon obtaining the part of the suppliers of the confirmation of all the services.
3. INFORMATION PURSUANT TO LAW No. 144/2015 OF SEPTEMBER 8:
In accordance with Law no. 144/2015 of September 8, in its current version, we inform that the Traveler 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;
4.1 Any disagreement in the execution of a travel service included in the package travel contract must be communicated to the travel agency organizer or retailer in writing or other appropriate form as soon as such discontinuance occurs, ie without undue delay; 4.2 The right to present claims for the purpose of price reduction or compensation for lack of conformity of the travel services included in the package travels within a period of two years.
5.1 The agency is responsible for the baggage in the legal terms; 5.2 The Traveler has an obligation to complain to the entity providing the services at the moment of subtraction, deterioration or destruction of luggage.
5.3 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 case of a delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery.
5.4 The presentation of such claim shall be an essential basis for triggering the responsibility of Alive Portugal over the entity providing the service.
6.1 The liability of the agency shall be limited to the maximum amount due to service providers under the Montreal Convention of 28 May 1999 on International Carriage by Air and the Berne Convention of 1961 on Rail Transport. 6.2 In respect of maritime transport, the liability of travel agents, in respect of their Travelers, 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. 6.3 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 Traveler is staying there, has the following limits:
a) € 1.397, overall;
b) € 449 per article;
c) The value declared by the Traveler, for the articles deposited in the custody of the tourist accommodation establishment. 6.4 The agency’s liability for non-personal damages is contractually limited to the amount corresponding to three times the price of the service sold.
7. RESERVATION AND AMENDMENT EXPENSES
For each reservation will be charged expenses according to information to be provided by the travel agency, at the time of booking. For each change (names, dates, type of apartment or room, travel, etc.) will be charged in accordance with information to be provided by the travel agency at the time of booking. Acceptance of such changes depends on acceptance by the respective suppliers.
8.1 The traveler must have in good order his / 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 refusing to grant visas or not admitting travelers to a foreign country; being still of the Traveler’s account any and all costs that such situation entails. 8.2 Travel in the European Union:
Travelers (irrespective of age) traveling within the European Union must be holders of their civil identification card (Passport, B.I, Citizen’s Card); To obtain medical care they must be holders of their European Health Insurance Card; Nationals of non-EU countries should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
8.3 Travel outside the European Union:
Travelers (irrespective of age) who travel outside the European Union must have their passport and visa if necessary (obtain this information from the agency at the time of booking); Nationals of non-EU countries should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
9. CHANGES REQUESTED BY TRAVELER
9.1 If the suppliers of the travel in question allow, whenever a Traveler, registered for a particular trip, wishes to change his registration for another trip or to the same with departure from a different date, or any other change, he shall pay the above rate referred to as amending expenditure. However, when the change takes place 21 days or less in advance of the departure date of the trip, for which the Traveler is registered, or if the service providers do not accept the change, he is subject to the expenses and charges in the “Termination of the Contract by the Traveler” clause. 9.2 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 contracting.
10. ENROLLMENT ASSIGNMENT (CONTRACTUAL POSITION)
10.1 The traveler may transfer his or her position and be replaced by another person who fulfills all the conditions required for the package, provided that he informs the travel and tourism agency in written form for up to seven consecutive days before the scheduled date for the game. 10.2 The assignor and the transferee shall be jointly and severally liable for payment of the outstanding balance and for the additional charges, charges or costs arising from the assignment, which shall be duly informed and verified by the travel and tourism agency.
11. CHANGES TO BE ACHIEVED BY THE AGENCY
11.1 Provided that, prior to the commencement of the travel, (i) the travel and tourism agency is required to significantly change some of the main features of the travel services, (ii) or fails to meet the special requirements requested by the Traveler ; (iii) or proposing to increase the price of package travel by more than 8%, the traveler may, within 8 (eight) days:
(a) accept the proposed amendment;
b) Terminate the contract, without any penalty, being refunded of the amounts paid;
c) Accept an organized trip of substitution proposed by the travel agency and tourism, being refunded in case of difference of price. 11.2 Failure by the traveler to respond within the time limit fixed by the travel agency shall imply the tacit acceptance of the proposed change.
12. TERMINATION OF AGREEMENT BY THE AGENCY
12.1 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 traveler will be informed in writing of the cancellation within:
(a) 20 days before the commencement of the package, in the case of journeys lasting more than six days;
b) 7 days before the commencement of the trip, in the case of trips lasting from two to six days;
(c) 48 hours before the commencement of the package, in the case of journeys of less than two days. 12.2 Prior to the commencement of the travel, the travel agency may still terminate the contract if it is prevented from performing the contract due to unavoidable and exceptional circumstances.
12.3A termination of the travel contract by the agency under the above terms only gives the traveler the right to full repayment of payments made within a maximum of 14 days after the termination of the travel contract
13. PRICE CHANGE
13.1 The prices shown in the program are based on the costs of the services and exchange rates in force at the time of printing of this program and are subject to changes (increase or reduction of prices) resulting from changes in transport or fuel costs, taxes , exchange rates and fluctuations up to 20 days before the date of travel. 13.2 If the increase in question exceeds 8% of the total price of the package, the provisions of the “AMENDMENTS TO BE PERFORMED BY THE AGENCY” clause shall apply.
13.3 In case of reduction of price, the travel and tourism agency reserves the right to deduct from the reimbursement to make to the traveler the corresponding administrative expenses, which at the request of the traveler will be justified.
After the commencement of the trip, no reimbursement shall be owed for services not used by the Traveler for reasons of force majeure or for reasons attributable to the Traveler, unless refunded by the respective suppliers. Failure to provide services foreseen in the travel program due to causes attributable to the organizing agency and if it is not possible to replace them with other equivalent ones, gives the Traveler the right to be reimbursed for the difference between the price of the services provided and those actually provided.
15. TERMINATION OF THE CONTRACT BY THE TRAVELER
15.1 The traveler is free to give up the trip at all times before the start of the trip. 15.2 Such termination implies that it is liable for the payment of all charges to which the start of performance of the contract and its withdrawal do not take place except for redeployment of services and cost savings.
15.3 Where applicable, the Traveler shall be reimbursed for the difference between the amount paid and the amounts referred to above. In the present situation, the reimbursement will be made, less the termination fee, within a maximum of 14 days after termination of the travel contract.
15.4 The traveler is also entitled to terminate the travel contract before the commencement of travel without paying any termination fee if there are unavoidable and exceptional circumstances in the place of destination or in its immediate vicinity that considerably affect the performance of the same or the transportation of passengers to the destination. The termination of the travel contract in this situation only gives the traveler the right to full repayment of the payments made.
16.1 The travel and tourism agency is responsible for the correct execution of all the travel services included in the travel contract. 16.2 In the case of package travel, travel and tourism agencies are responsible to the Travelers, even if the services are to be performed by third parties and without prejudice to the right of return, under the general terms applicable.
16.3 Organizing travel and tourism agencies respond jointly with retail agencies in the case of package travel
16.4 In all other travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transportation certificates and also for the guilty choice of service providers, if these have not been suggested by the traveler.
16.5 The travel and tourism agency acting as intermediaries in sales or reservations for single travel services is responsible for errors in the issuance of the respective securities, even in cases of technical deficiencies in the reservation systems attributable to them.
16.6 The travel and tourism agency shall be liable for any errors due to technical deficiencies in the reservation system attributable to it and, if it has agreed to book an organized trip or travel services forming part of related travel services, errors during the booking process.
16.7 The travel and tourism agency is not responsible for errors in the reservation that are attributable to the traveler or are caused by unavoidable and exceptional circumstances.
17.1 In case of difficulties for the traveler, or when for reasons that can not be attributed to him, he can not finish the trip, the travel and tourism agency will provide the following assistance:
(a) provision of adequate information on health services, local authorities and consular assistance;
b) Assisting the traveler in the conduct of distance communications and finding alternative travel solutions.
17.2If the difficulty of the request for assistance is caused by the traveler in a deliberate or negligent way, the travel and tourism agency may charge a fee in the amount of the costs incurred by the travel agent.
17.3 If, due to unavoidable and exceptional circumstances, the traveler is unable to return, the travel and tour operator is responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per traveler. The retail travel and tourism agency shall be jointly and severally liable for the obligation in question, subject to the right of recourse, in the general terms applicable.
17.4 The above cost limitation does not apply to persons with reduced mobility, to their accompanying persons, to pregnant women and unaccompanied children, or to persons requiring specific medical care, provided that the travel agency has been notified specific needs at least 48 hours before the start of the package.
In the event of insolvency of the travel and tourism agency, the traveler may resort to the Travel and Tourism Guarantee Fund, and must resort to Turismo de Portugal I.P entity responsible for its activation:
Turismo de Portugal, I.P., Rua Ivone Silva, Lote 6, 1050-124 Lisboa Tel. 211 140 200 | Fax. 211 140 830 firstname.lastname@example.org
19.1 The liability of the travel agency organizing this program and arising out of the obligations assumed is guaranteed by civil liability insurance at Zurich Insurance plc – Branch in Portugal, policy number 007799186, in the amount of € 75,000 and under the terms of current legislation. 19.2 The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
The prices mentioned in this program reflect the provisions of DL 221/85 of July 3, I.V.A. in the margin.
These general conditions may be supplemented by any other specific conditions, provided that they are duly agreed by the parties. The prices of the programs are based on the average dollar exchange rate, so any relevant derivation of this currency may imply a revision of the prices of the trip under the terms of the “price change” clause.
Due to constant changes in the price of fuels on 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 presented in this brochure follow the quality standards of the host country and may be changed by similar ones when, for reasons beyond the control of the agency, it is not possible to maintain or confirm the existing reservation, and the agency is obliged to inform the Traveler as soon as he has knowledge thereof.
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.
HOTELS / APARTMENTS:
Apartments – In case the accommodation is hired in an apartment it is the responsibility of the Traveler to inform the number of people who will occupy the apartment. If there are more people than booked, the apartments may refuse entry.
Hotels – The price shown is per person and are based on a double occupancy. Not all hotels have a triple room and, as a rule, there is an extra bed that may not be of the same quality. In rooms equipped with two beds or double, the triple can only consist of those beds. The list of hotels and apartments contained in the programs is indicative as well as their category which meets local criteria and classifications whose criteria are sometimes different from those used in Portugal.
Unless stated otherwise, prices shown for Half Board and Full Board supplements do not include beverages. 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
SCHEDULE OF ENTRY AND EXIT:
The hours and entrance and exit on the first and last day will be defined according to the first and last service. As a 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 generally verified by 5pm on the day of arrival and should be left free until 10am on the day of departure.
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.