General conditions
1. GENERAL TERMS AND CONDITIONS
1.1. The programs prepared by TravelTailors Portugal – Turismo Activo, Lda. (“TravelTailors”) are guided by these general conditions, part thereof and which are, in the absence of a stand-alone document, the travel contract. This information is binding to TravelTailors, except in any of these conditions:
• If clearly expressed otherwise in the travel program;
• The alterations to the program are insignificant;
• The alteration is communicated to the client in hard-copy.
These terms and conditions comply with the provisions of the Portuguese law Decreto-lei 17/2018 of March 8.
The General Conditions, whose object is an organized travel program and the particular conditions contained in the travel documentation provided to the client at the moment of reservation, are the travel contract that binds both parties.
The rights mentioned in these General Conditions apply only to final clients who purchased their travel arrangements directly from TravelTailors. These rights do not apply to Tour Operators, Travel Agencies, Travel Advisors or Travel Consultants, for which civil and commercial laws apply.
2. ORGANIZATION
2.1. The commercialization and organization of the travel programs included on this site are the responsibility of TravelTailors Portugal – Turismo Activo, Lda. (“TravelTailors”) with main office on Rua Belo Marques, nº 5, loja 4, 1750-408 Lisboa, VAT number 509 327 648, with legal social capital of 25,000 Euros, under the National Register of Travel Agencies 2852. In some properly identified travel programs, the organization is also the responsibility of different national tour operators. In the travel documentation delivered to the client, pertinent information concerning the tour operator and local representatives shall always be available.
3. RESERVATIONS
3.1. In the reservation act, the client must deposit 30% of the total price, liquidating the remaining 70% up to 30 days prior to the departure date. If the reservation takes place 30 days or less prior to the departure date, the total price shall be paid immediately, this being conditional on obtaining the confirmation by the suppliers for all services. TravelTailors reserves the right to cancel any reservation for which the payment has not been made in accordance with these conditions. In some specific programs, promotions or festive seasons, these conditions may have different impositions made by service providers – in these cases, the information will be provided at the time of the reservation.
3.2. The client must pay 100% of the value of the air tickets to request the respective ticket issue.
3.3. When not included in the air tickets, baggage and departure airport fees must be paid locally by the passengers at airports as they are required. In the sale of travel package, the client will be informed in advance of fees or taxes not included, but that are due (TravelTailors must indicate approximate values to date). This information will be provided with the travel contract (although with the possibility to be changed by local authorities at any moment).
3.4. In programs in which the international flight is included, the price presented is based on the rate agreed between the operator and the airline and includes all aviation taxes. If there is no availability for this rate at the time of the client’s reservation, the available rates and their supplements will be indicated. The rate values change frequently and are therefore indicative and subject to reconfirmation at least 20 days before the trip or until issued.
3.5. By registering in a TravelTailors program, the client assumes the obligation to have known and accepted the general conditions of participation, as well as the particular conditions associated with the program of the trip in which she/he registers, further declaring that she/he is in good health conditions appropriate to such trip.
3.6. Some of the trips organized by TravelTailors take place in countries with structures, organization modes, cultures, and mentalities very different from those of the client´s home country. What this brings of added interest to travel can also bring different contingencies, risks and levels of service. When the client registers for a TravelTailors travel program, she/he must be aware of these cultural differences, risks and physical demands, and accept them.
4. INFORMATION PURSUANT TO THE PORTUGUESE LAW No. 144/2015 OF SEPTEMBER 8
4.1. In accordance with the Portuguese Law no. 144/2015 of September 8, in its current version, we hereby inform you that the client may use the following Portuguese Alternative Dispute Resolution Entities:
i) Provedor do Cliente das Agências de Viagens e Turismo [Provider of the Client of the Travel and Tourism Agencies] in www.provedorapavt.com;
ii) Comissão Arbitral do Turismo de Portugal [Arbitration Commission of the Portuguese Tourism] in www.turismodeportugal.pt.
5. COMPLAINTS
5.1. Any dissemblance in the execution of a travel service included in the travel contract must be communicated by the client to TravelTailors in writing, as soon as it occurs, without unjustified delay.
5.2. The right to file complaints for the purpose of price reduction or compensation for lack of conformity of the travel services included in the package travels, is within 2 years.
6. BAGGAGE
6.1. The agency is responsible for baggage under the legal terms.
6.2. The client is obliged to complain to the provider of the services at the time of removal, damage or destruction of the baggage.
6.3. On international transport, in case of damage to the baggage, the complaint must be made in writing to the carrier immediately after checking the damage and no later than seven days after its delivery. In case it is a mere delay in the delivery of the luggage, the complaint must be made within 21 days from the date of the delivery.
6.4. The submission of such a claim will be essential for TravelTailors to request accountability to the provider of the service.
7. LIMITS
7.1. TravelTailors’ responsibility shall be limited to the maximum amount payable to entities providing services under the Montreal Convention of 28 May 1999 on International Air Transport, and the Berne Convention of 1961 on Railway Transport.
With regards to maritime transport, the responsibility of travel agencies to its clients, for the provision of transport services, or housing, where appropriate, by shipping companies, in case of damage resulting from willful misconduct or negligence, will have the following amount limits:
a) € 441.436, in case of death or personal injury;
b) € 7.881, in case of total or partial loss of luggage or its damage;
c) € 31.424, in the event of vehicle loss, including the luggage contained inside;
d) € 10.375, in case of loss of luggage, accompanied or not, contained inside a motor vehicle;
e) € 1.097, by damage to luggage as a result of damage to the vehicle.
When existent, the responsibility of the travel agencies for the deterioration, destruction and theft of luggage or other items in tourist accommodation establishments, while the client is staying there, has as limits:
a) € 1.397, global;
b) € 449 per item;
c) The value declared by the client, about the items deposited in the custody of the tourist accommodation establishment.
The responsibility of the agency for non-personal damages may be contractually limited to the amount corresponding to three times the price of the service sold.
8. FEES FOR TRAVEL PROPOSALS, BOOKINGS AND AMENDMENTS
8.1. Travel proposals: 100 Euros for each travel proposal. This amount is fully discounted to the cost of the trip if the client books the trip with TravelTailors, being non-refundable if the client does not book the trip with TravelTailors.
8.2. First amendment to each travel program: free of charge.
8.3. Second and following amendments to each travel program: 50 Euros for each amendment, refundable when the client purchases the final program.
8.4. Air tickets: 50 Euros per passenger.
8.5. Changes (after issue), refunds, reissues or cancellations of air tickets: 60 Euros per passenger.
8.6. Train / bus tickets: 50 Euros per passenger.
8.7. National and international accommodation: 50 Euros per guest.
8.8. National and international rent-a-car: 50 Euros per booking.
8.9. Shows and concerts: 50 Euros per booking.
8.10. Other online services: 50 Euros per booking.
8.11. Visas: 50 Euros per visa.
8.12. Registration at congresses and events: 10% of the registration fee.
9. DOCUMENTATION
9.1. The client shall have all personal or family documentation up to date (ID card, military documentation, authorization for minors, visa, vaccine card and/or any documents possibly required for the intended trip). TravelTailors declines any responsibility for the refusal of a Visa or permission of entrance to the client in; Portugal or any other country that is part of the travel itinerary, in which case any cost that such situation might cause shall be the sole responsibility of the client.
9.2. Trips within the European Union:
· The clients (regardless of age) who travel within the European Union must be in possession of the respective civil identification document (passport, ID, citizen’s card);
· To obtain medical care the clients must be carriers of their European Health Insurance Card;
· The nationals of non-European Union countries should consult specific information about the necessary travel documentation with the embassies / consulates of the countries of origin;
9.3. Trips outside of the European Union:
· The clients (regardless of age) who travel outside of the European Union must be in possession of the respective civil identification document (passport) and visa if necessary (obtain this information from the agency at the time of booking);
· We emphasize that in case of flights transiting through the United States and other countries requiring authorization or entry visa, before the final destination, even if only in transit, inbound formalities will be required, and visa may be necessary.
· Nationals of non-European Union countries should consult specific information about the necessary travel documentation on the embassies / consulates of the countries of origin.
9.4. Client's data:
• By contracting her/his travel to TravelTailors, the client gives express consent to TravelTailors to request and use her/his personal data for the purpose of preparing and booking travel services, under the General Data Protection Regulations.
• By contracting his/her travel to TravelTailors, the client gives express consent for transmission of all information supplied regarding her/his journey (including personal details), to the governmental authorities for border control and for security purposes in all transatlantic flights.
10. CHANGES REQUIRED BY THE CLIENT
10.1. Should the trip suppliers concerned allow, whenever a client, enrolled for a particular journey, wants to make any changes to the reservation, she/he must pay the related expenses. However, when the change takes place 30 days or less prior to the departure date, or if the service providers do not accept the changes, the client is subject to the planned expenses and charges under “16. Renunciation by the client”.
10.2. If the change of the services contracted, for reasons not attributable to TravelTailors, is requested after the beginning of the trip, the prices of the services may not correspond to those published in the program that led to the travel contract.
11. RESERVATION NAME CHANGE
11.1. The client may assign her/his reservation and be replaced by another person that satisfies all the conditions required for the trip, by giving notice to TravelTailors at least seven days in advance, and that such assignment is possible in terms of air transport regulations applicable.
11.2. The assignment of registration holds responsible both assignor and assignee for the payment of the price of the trip and the originating additional charges, which shall be duly informed and certified by TravelTailors.
12. CHANGES TO THE PROGRAM BY TRAVELTAILORS
12.1. Whenever, before the beginning of the travel, (i) TravelTailors is obliged to change significantly any of the main characteristics of the travel services, (ii) or fails to meet the special requirements requested by the client, provided that these have been communicated in writing by the client to TravelTailors and accepted by TravelTailors, prior to payment of the client's travel registration; (iii) or proposing to increase the price of travel by more than 8%, the client may, within two days:
(a) accept the proposed amendment;
b) terminate the contract, without any penalty, being refunded for the amounts paid;
c) Accept a substitution trip proposed by TravelTailors, being refunded in case of difference of price.
12.2. Failure by the client to reply within the time limit set by TravelTailors will imply the tacit acceptance of the proposed change(s).
13. PROGRAM CANCELLATIONS BY TRAVELTAILORS
13.1. When the trip is dependent on a minimum number of participants, TravelTailors has the right to cancel the trip if the number of participants reached is less than the minimum. In these cases, the client will be informed in writing of the cancellation within the time specified by the supplier, as indicated in the specific conditions of the travel program.
13.2. TravelTailors may also terminate the contract prior to the commencement of the travel, if prevented from performing the contract due to unavoidable and exceptional circumstances.
13.3. Termination of the contract by TravelTailors under the above terms only entitles the client to the full refund of payments made within a maximum of 14 days after the termination of the travel contract.
13.4. TravelTailors declines any responsibility for services booked by the client on her/his own (including flights, accommodations, transfers, excursions, etc.) before obtaining confirmation from the agency.
14. PRICE ALTERATION
14.1. The prices of the travel programs organized by TravelTailors are based on the cost of services and exchange rates prevailing at the date of publication and are therefore subject to change resulting from variations in the cost of transport or fuel, duties, taxes, fees and currency fluctuations up to 30 days prior to the travel date.
14.2. If the price increase exceeds 8% of the total price, the provisions of clause "12. Changes to the program by TravelTailors" apply.
14.3. In case of reduction of price, TravelTailors reserves the right to deduct from the refund to the client the corresponding administrative expenses, which will be justified upon request of the client.
15. REFUNDS
15.1. After the initiation of the trip no reimbursements will be done for services not used by client’s choice. If a contracted service is not provided for reasons not attributable to the client, the client is entitled to a reimbursement of the difference between the price of the contracted services and the price of the ones effectively provided.
16. RENUNCIATION BY THE CLIENT
16.1. The client or any of his companions is free to withdraw or cancel the trip at any time.
16.2. Any cancellation must be in writing and implies that the client is responsible for the payment of all charges associated with it, less redeployment of services and cost savings.
16.3. When it is appropriate, the client will be refunded the difference between the amount paid and the calculated cancelation charges. In the present situation, the reimbursement will be made, discounting the termination fee, within a maximum period of 14 days after the termination of the travel contract.
16.4. The client is also entitled to terminate the travel contract prior to its commencement without paying any termination fee if there are unavoidable and exceptional circumstances at the place of destination or in its immediate vicinity that considerably affect the travel or the carriage of passengers to the destination. The termination of the travel contract in this situation only gives the client the right to full refund of the payments made.
17. RESPONSIBILITY
17.1. TravelTailors is responsible for the correct execution of all the travel services included in the travel contract.
17.2. TravelTailors is responsible to the client, even if the services must be performed by third parties and without compromising the right to return, under the general terms applicable.
17.3. For other travel services, TravelTailors is responsible for the correct issuance of accommodation and transport documents and for the wrong choice of service providers, if these have not been suggested by the client.
17.4. If TravelTailors acts as an intermediary in sales or reservations for single travel services, it is responsible for errors in the issuance of the respective flight tickets or vouchers, even in cases of technical deficiencies in the reservation systems attributable to the agency.
17.5. TravelTailors is responsible for any errors due to technical deficiencies in the reservation system attributed to the agency and, if agreed to book an organized trip or travel services that are part of connected travel services, for errors made during that reservation process.
17.6. TravelTailors is not responsible for any errors in the reservation that are imputable to the client or are caused by unavoidable and exceptional circumstances.
18. ASSISTANCE
18.1. In case of difficulties of the client, or for reasons that are not attributable to her/him, the client cannot finish the trip, TravelTailors will give the following assistance:
(a) provision of adequate information on health services, local authorities and consular assistance; and
b) Assistance to the client in communications and finding alternative travel solutions.
18.2. If the difficulty in substantiating the request for assistance was caused by the client in a deliberate or negligent way, TravelTailors may charge a fee for the costs incurred in providing this assistance.
18.3. If due to unavoidable and exceptional circumstances, the client cannot return, TravelTailors is responsible for ensuring the necessary accommodation costs, if possible, of equivalent category, for a period of no more than three nights per client. TravelTailors is jointly and severally liable for the obligation in question, without prejudice to the right of return, under the general terms applicable.
18.4. The above cost limitation does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons in need of specific medical care, provided that TravelTailors has been notified of those specific needs at least 48 hours before the start of the package.
19. INSOLVENCY
19.1. In the event of TravelTailors insolvency, the client (B2C) may resort to the Fundo de Garantia de Viagens e Turismo [Travel and Tourism Guarantee Fund], and must resort to Turismo de Portugal I.P, entity responsible for the respective activation:
Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax 211 140 830
info@turismodeportugal.pt
20. INSURANCE
20.1. The responsibility of TravelTailors as organizer and seller of the travels contained in its programs and arising from the obligations assumed by it, is guaranteed by civil liability insurance in the Fidelidade Mundial insurance company, in the amount of 75,000 Euros under the legislation in force.
20.2. TravelTailors also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance in situations mentioned under the insurance conditions. Cancelation fees are not covered.
21. VAT
21.1. The prices mentioned in this program already reflect the Value Added Tax at the current rate (23%).
22. VALIDITY
22.1. These general conditions are valid from November 2018.
23. NOTES:
23.1. • These general conditions may be supplemented by any other specific conditions, if duly agreed by the parties.
• The prices of the programs are based on the average price of the USD, so any relevant derivation of these currencies may involve a review of the trip price, under the terms of the clause “14. Price alterations”.
• Due to the constant fuel prices changes, there may be changes to the fuel supplement in the price under the terms of the clause “14. Price alterations”.
• The categories of hotels and cruises presented in the programs follow the quality standard of the host country, and they may be changed to another of similar or superior category when, for reasons beyond TravelTailors control, it is not possible to keep or confirm the existing reservation, forcing the agency to inform the client as soon as provided with the information.
Other information
Arrival and departure times:
The time of arrival and of departure in each city is indicated in the local time of the respective country and according to the schedules of the airline companies upon publication of the programs, therefore subject to alterations. The client shall present him/herself at the airport at the time set by the airline, or, if no schedule has been set, with sufficient time in advance to allow for all the boarding formalities. The client shall always consult the schedule for each printed flight in his/her ticket and reconfirm the return flight with the airline 72 hours in advance.
Hotels/ apartments:
Apartments: if the accommodation contracted is an apartment it’s the client’s responsibility to inform the number of people who will occupy the apartment. In the case of presenting more people than prior information, the apartments may refuse the entries.
Hotels: the price shown is per person and is based on double occupancy. Not all hotels have triple rooms being normally placed an extra bed that may not be of the same quality. In rooms equipped with twin or double beds, triple rooms can be limited to those beds.
The list of hotels and apartments constant on the programs is indicative, as well as its category that respects the local criteria and whose ratings criteria are sometimes different from those used in the country of origin.
Meals:
Unless otherwise indicated, prices shown for supplements Half Board and Full Board do not include drinks.
Upon arrival to the hotel after 7pm the meal service will be the next days´ breakfast. On the last day (in exception to late check-out), the last hotel service will be breakfast.
In and Out Times:
The time of arrival and departure on the first and last days will be provided according to the first and last services. As a rule, without binding, the rooms can be used from 2pm upon arrival day and must be left free by 12 pm of the departure day.
Specific timings may be made by different providers.
Special conditions for children:
Given the diversity of conditions applied to children (destination and supplier) is recommended to always question the special conditions that are perhaps applied to the trip in question.
