General conditions

 

1. PURPOSE

1.1 These General Contractual Conditions are intended to establish the terms and conditions governing the provision of travel services organized by VEFA TRAVEL – VIAGENS E TURISMO UNIPESSOAL, LDA based at Lugar de Vila Verde – 4920-112 Reboreda, Vila Nova de Cerveira, Taxpayer No. 503917125, with a share capital of € 249,398.94, registered at the Commercial Registry Office of Vila Nova de Cerveira, and with RNAVT No. 2238 (hereinafter referred to as Agency), in addition to any Particular Conditions agreed between the Client and the Agency.

1.2 The terms contained in the Particular Conditions, if any, prevail over the provisions of these General Conditions, prevailing over both any additional written stipulations specially agreed between the Client and the Agency.

1.3 The services and products are offered to the Customer under the terms and conditions set out herein.

1.4 The information contained in the Program is binding on the Agency unless cumulatively:

• The Program expressly provides for it;

• Changes thereto are insignificant;

• The change information is provided to the Customer on a durable medium.

1.5 These General Conditions comply with the provisions of Decree-Law No. 17/2018 of March 8th.

1.6 The General Conditions whose object is an Organized Trip or Related Travel Service, the Programme, the corresponding standardized information sheets and the particular conditions contained in the travel documentation provided to the Customer at the time of booking the trip constitute the travel contract that binds the parties.

1.7 When contracting with the Agency, the Client acknowledges and accepts all the terms and conditions established, also declaring that he has expressly taken cognizance of all the documents referred to in 1.6.

 

2. REGISTRATION/BOOKING REQUESTS

2.1 At the time of registration/reservation, the Customer must make the requested payment.

2.2 Depending on the contracted service and its start date, the requested payment may be up to 100% of the total value of the service to be contracted.

2.3 If the booked trip results from a tour operator program, and not from automatic booking processes, a payment of at least 25% of the trip price must be made, with the remaining 75% paid up to 21 days before the trip starts.

2.4 Except for cases in which suppliers impose payment conditions different from those mentioned above, regardless of the advance of the reservation, these conditions prevailing, as particular conditions, being the Customer's responsibility for such payment, as soon as the Agency communicates it, in order to secure their reservation.

2.5 The Agency reserves the right to cancel any registration/reservation that has not been paid under the conditions described above.

2.6 Reservations are subject to the providers obtaining confirmation of all services.

 

3. RESERVATION OF SINGLE SERVICES

3.1 FLIGHT RESERVATION

3.1.1. The Agency makes available through its website the possibility of making flight reservations using a global reservation system, being responsible for such reservations in accordance with the law.

3.1.2. The responsibility for information on availability, timetables, type of equipment, stopovers and airports lies entirely with the airlines.

3.1.3. The customer must, before boarding, reconfirm with the airline or through the helpline, the time(s) of the flight(s) to be used. The Agency is not responsible for changes in schedules made by airlines.

3.1.4. Departure and arrival times are indicated in the local time of the respective country and according to the timetables of the respective airlines.

3.1.5. The price information indicated as a result of the search is based on the availability of flights at that moment and for at least 1 passenger.

3.1.6. In case of more than 1 passenger and if it is not possible to confirm the presented fare, the customer receives an information that it is not possible to confirm confirmation sent by e-mail from the Agency indicating that he will be contacted by the services.

3.1.7. The prices informed may not include additional services such as meals on board, luggage, check-in, etc., if the customer does not obtain information at the time of booking, contact the website's helpline.

3.1.8. 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.

3.1.9. The rates used are normally restrictive and non-refundable, and this information is made available prior to booking.

3.1.10. Reservations are made through the Agency's website, and the Client may, in case of doubt, contact us through the landline and/or mobile numbers available for this purpose.

3.1.11. Some airlines operate an equipment sharing system for certain destinations (code-share) and the flight may be operated by another carrier.

3.1.12. The issuance of transport tickets establishes the contract with the transport companies and passengers are subject to the specific conditions of transport, which are included in the respective transport ticket issued.

3.2. ACCOMMODATION RESERVATION

3.2.1. The Agency makes available in its facilities the possibility of making hotel reservations using reservation centers and/or own hiring.

3.2.2. The responsibility for the information regarding availability and prices of the desired accommodations lies with the suppliers.

3.2.3. The rates shown are dynamic and, if the reservation is not made immediately, the price may change.

3.2.4. The types of accommodation available are presented by the service providers. Any special requests will be sent to the service provider, but cannot be guaranteed by the Agency.

3.2.5. The Agency, after booking, payment and good collection of the selected stay, issues a voucher that will be sent by email to the customer, which must be presented at check-in.

3.2.6. Confirmation of a reservation through the Agency's website is communicated to the supplier in accordance with the conditions established by contract, and may, in certain cases, not be immediate, namely in situations where the reservation is not for the same day.

3.2.7. Hotel units provide a description of their facilities and services, and are solely responsible for the information provided.

3.2.8. The group, classification and denomination of the accommodation are determined by the host State, which are sometimes different from those used in Portugal. The list of hotels and apartments shown is indicative, as well as their category. With regard to accommodation, the following particular rules apply:

a) Apartments: It is the Client's total responsibility to inform the number of people (adults and children) who will occupy the apartment. In the event of more people than those booked, those responsible for the accommodation may refuse entry or charge directly for any differences between the amount paid at the Agency and the cost of a new type of apartment.

b) Hotels: Prices shown are per room or per reservation. 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 equipped with two wide beds or double beds, it is considered that, in most cases, the triple only consists of these two beds.

3.2.9. Opening hours: As a rule of thumb, rooms can normally be used from 2 pm on the day of arrival and must be vacated before 12 noon on the day of departure. In the apartments, entry is usually at 17:00 on the day of arrival, and they must be free before 10:00 on the day of departure. The delivery of keys is normally made within the normal opening hours of the offices, at the reception, in a place to be indicated by the Agency.

3.2.10. For stays on a half-board or full-board basis, meals that coincide with flight times, transport to and from the airport and waiting for air connections are not included. Upon arrival at the hotel after 19:00, the first meal service will be breakfast the next day. On the last day, unless there is a possibility of late check-out, the last service of the hotel will be breakfast.

3.2.11. Unless otherwise stated, drinks are not included in full board and/or half board plans.

3.2.12. Any specific request from the Customer regarding meals is always subject to confirmation from the supplier and may involve the payment of a supplement.

3.3. CAR RENTAL

3.3.1. The Agency acts as a mere intermediary in car rental services, limiting itself to directing car rental requests directly to a business partner that aggregates multiple providers of this type of service.

3.3.2. The price information, type of vehicle, place of delivery and other information regarding the rental of the vehicle is the responsibility of the selected supplier.

3.3.3 The customer, when accepting the reservation, is subject to the conditions of service provided by the contracted rental company.

3.3.4. The rental payment is made directly to the Agency or to the service provider, as indicated when booking.

3.3.5. Extra requests made by the customer when picking up the vehicle, to be paid locally and directly to the supplier.

3.3.6. The Agency is not responsible for any failure by the supplier.

3.4 OTHER SERVICES (CIRCUITS, PROGRAMS, PACKAGES, PROMOTIONS)

3.4.1 The Agency makes available on its website multiple products that can be consulted automatically and autonomously or through its direct contacts.

3.4.2 Service requests without automatic confirmation are processed centrally and answered by e-mail to Customers.

3.4.3 The requested services are subject to availability by the respective providers and cannot be considered reserved until confirmation by the service provider is obtained, the respective price being subject to confirmation at that time, without prejudice to the provisions for situations of price change if such services are included in an organized trip.

3.4.4 The award of the proposal by the Client must be made in writing and implies the payment of the registration fee in accordance with paragraph 2.

 

4. RESPONSIBILITY

4.1. The Travel and Tourism Agency is responsible for the correct execution of all travel services included in the travel contract.

4.2. In the case of organized trips, travel and tourism agencies are responsible to Customers, even if the services must be performed by third parties and without prejudice to the right of return, under the applicable general terms.

4.3. In other travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transport tickets and also for the faulty choice of service providers, if these have not been suggested by the Customer.

4.4. The travel and tourism agency that acts as an intermediary in sales or reservations of individual travel services is responsible for errors in issuing the respective tickets, even in cases arising from technical deficiencies in the reservation systems attributable to them.

4.5. The Travel and Tourism Agency is responsible for any errors due to technical deficiencies in the booking system attributable to it and, if it has accepted to book an organized trip or travel services that form part of related travel services, by mistakes made during the booking process.

4.6. The Travel and Tourism Agency is not responsible for errors in the reservation that are attributable to the Customer or that are caused by unavoidable and exceptional circumstances.

4.7 The organizing travel and tourism agencies are jointly and severally liable with the retail agencies, in the case of organized trips.

 

5. ASSISTANCE

5.1. In case of difficulties of the Client, or when, for reasons not attributable to him, he cannot complete the package trip, the Travel and Tourism Agency will provide the following assistance: a) Availability of adequate information about the health services, the authorities local and consular assistance; and b) Assistance to the Customer in carrying out communications at a distance and in finding alternative travel solutions.

5.2 If the difficulty underlying the request for assistance has been caused by the Customer deliberately or through negligence, the Travel and Tourism Agency may charge a fee in the amount of the costs incurred as a result of providing such assistance.

5.3. If, due to unavoidable and exceptional circumstances, the Client is unable to return, the organizing travel and tourism agency is responsible for ensuring the necessary accommodation costs, if possible of an equivalent category, for a period not exceeding three nights per Client.

5.4. The cost limitation set out above 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 the Travel and Tourism Agency has been notified of these specific needs at least 48 hours before the start of the package tour.

 

6. INSOLVENCY

In the event of the insolvency of the travel and tourism agency, the Customer may resort to the Travel and Tourism Guarantee Fund, and for this purpose the Customer must resort to Turismo de Portugal IP, the entity responsible for the respective activation:

Turismo de Portugal, IP
Rua Ivone Silva, Lot 6,
1050-124 Lisbon
Tel. 211 140 200 | Fax. 211 140 830
info@turismodeportugal.pt

 

7. COMPLAINTS

7.1 Any non-conformity in the performance of a travel service included in the package travel contract must be communicated to the organizing travel agency in writing or in another appropriate form as soon as such non-conformity occurs, ie without undue delay.

7.2 The right to file complaints for the purposes of price reduction or the right to compensation for non-compliance of the travel services included in the package trip expires within 2 years.

 

8. INFORMATION UNDER LAW NO. 144/2015 OF SEPTEMBER 8:

Under the terms of Law No. 144/2015 of 8 September in its current wording, we inform you that the Customer may resort to the following Alternative Dispute Resolution Entities:

i) Customer Ombudsman of Travel and Tourism Agencies at www.provedorapavt.com, complaining in writing, within 20 working days after the end of the services;

ii) Turismo de Portugal Arbitration Committee at www.turismodeportugal.pt, within 60 days after:

a) The end of the trip;

b) the cancellation of the trip attributed to the Agency;

c) the date of knowledge of the impossibility of carrying it out due to a fact attributable to the Agency;

d) the closure of the establishment.

 

9. BAGGAGE

9.1 The Agency is responsible for the baggage under the legal terms;

9.2 The Customer is obliged to complain to the entity providing the services at the time of removal, deterioration or destruction of luggage.

9.3 In international transport, in case of damage to the luggage, the claim must be made in writing to the carrier immediately after the damage is verified, and no later than 7 days after delivery. In the case of a mere delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery of the same.

9.4 The presentation of such a claim will be an essential basis for triggering the liability of VEFA TRAVEL on the entity providing the service.

 

10. LIMITS

10.1 The Agency's liability will be limited to the maximum amount required from the entities providing the services, under the terms of the Montreal Convention of 28 May 1999 on International Transport by Air and the Berne Convention of 1961 on Rail Transport.

10.2. With regard to maritime transport, the responsibility of travel agencies, in relation to their Customers, for the provision of transport services, or accommodation, when applicable, by maritime transport companies, in the event of damages resulting from willful misconduct or negligence of these , will be limited to the following amounts:

a) €441,436, in the event of death or personal injury;

b) € 7,881.00 in case of total or partial loss of luggage or damage to it;

c) €31,424, in case of loss of a motor vehicle, including the luggage it contains;

d) €10,375, in case of loss of luggage, accompanied or not, contained in a motor vehicle;

e) €1,097 for damage to luggage as a result of damage to the motor vehicle.

10.3. When applicable, the liability of Travel and Tourism Agencies for the deterioration, destruction and removal of luggage or other items, in tourist accommodation establishments, while the Customer is staying there, has the following limits:

a) €1,397 globally;

b) €449 per article;

c) The value declared by the Customer, regarding the articles deposited in the custody of the tourist accommodation establishment.

10.4. The Agency's liability for non-bodily damages is contractually limited to the amount corresponding to three times the price of the service sold.

 

11. BOOKING AND AMENDMENT EXPENSES

11.1 Each service booked through the website is subject to a service fee which will be informed during the process and before the booking request is made.

11.2 The Customer, when making the reservation, accepts the fees mentioned therein.

11.3 It may happen that the credit card statements through which the payment for the reservation was made may appear separate amounts referring to the Agency and the service provider. This occurs when there is a payment for the reserved service directly to the provider, with the Agency's reservation fee being charged separately.

11.4 In the case of flights, airport fees are itemized and differentiated from the cost of the air ticket.

11.5 In some destinations, there are airport, entry, exit and local taxes, which must be paid locally, but which will be indicated prior to booking.

11.6 Some cities charge a tourist tax, this being indicated prior to booking. As a rule, the value is not included in the accommodation price and must be paid locally.

11.7 Change Expenses: For each change (names, dates, type of apartment or room, travel, etc): € 20.00.

Please note that acceptance of such changes depends on acceptance by the respective providers.

 

12. DOCUMENTATION

12.1. The Client must have his personal or family documentation in good order (identity card, military documentation, authorization for minors, visas, vaccination certificates and others that may be required). The Agency declines any responsibility for refusing to grant visas or not allowing the Client to enter a foreign country; the Customer is also responsible for any and all costs that such situation may entail.

12.2. Travel in the European Union:

• Customers (regardless of age) who travel within the European Union must have the respective civil identification document (Passport; BI, Citizen's Card);

• In order to obtain medical assistance, they must have the respective European Health Insurance Card;

• Nationals of non-Community countries should consult specific information regarding the documentation required to carry out the trip at the embassies/consulates of the countries of origin;

12.3. Travel outside the European Union:

• Customers (regardless of age) who travel outside the European Union must be in possession of their civil identification document (passport) as well as a visa if necessary;

• Nationals of non-Community countries should consult specific information regarding the documentation required to carry out the trip at the embassies/consulates of the countries of origin;

12.4 Some countries for which the presentation of a passport is required, require its validity to be longer than 6 months after the date of departure from the country of destination.

 

13. ASSIGNMENT OF CONTRACTUAL POSITION

13.1 The Client may give up his position, being replaced by another person who fulfills all the conditions required for the organized trip, provided that he informs the Travel and Tourism Agency, in writing, up to seven consecutive days before the scheduled date for departure, except in the case of cruises or long-distance air travel, which period is extended to 15 days.

13.2 The assignor and the assignee are jointly and severally liable for the payment of the outstanding balance and for the fees, charges or additional costs arising from the assignment, which will be duly informed and proven by the Travel and Tourism Agency.

 

14. CHANGE IN PRICE

14.1. The prices included in the program are based on the costs of services and exchange rates in force at the date of composition of the same, so they are subject to changes (price increase or decrease) resulting from variations in the cost of transport or fuel, taxes, exchange rates and fluctuations up to 20 days prior to travel date.

14.2. If the increase in question exceeds 8% of the total price of the package trip, the provisions of the clause “CHANGES TO BE MADE BY THE AGENCY” will apply.

14.3. In the event of a price reduction, the Agency reserves the right to deduct the corresponding administrative expenses from the reimbursement to be made to the Customer, which at the Customer's request will be justified.

 

15. CHANGES TO BE MADE BY THE AGENCY

15.1. Whenever, before the start of the package trip, (i) the travel and tourism agency is obliged to significantly change any of the main characteristics of the travel services, (ii) or is unable to meet the special requirements requested by the Client; (iii) or propose to increase the price of the package trip by more than 8%, the Customer may, within 5 days:

• Accept the proposed change;

• Terminate the contract, without any penalty, being refunded the amounts paid;

• Accept a replacement package trip proposed by the Travel and Tourism Agency, being refunded in case of price difference.

15.2. Failure by the Customer to respond within the period set by the Travel and Tourism Agency will result in the cancellation of the trip with the application of the respective termination fees provided for in clause 16.

 

16. TERMINATION OF CONTRACT BY CUSTOMER

16.1 The Customer is free to withdraw from the trip at any time before the start of the trip.

16.2 Such termination implies that the same is responsible for paying an administrative fee for termination of services/management in the amount of 15.00EUR + 2% of the total value of the reservation and other charges to which the beginning of the performance of the contract and its withdrawal take place, minus the reallocation of services and cost savings.

16.3. Where applicable, the Customer will be reimbursed for the difference between the amount paid and the amounts referred to above. In the present situation, the refund will be made, deducting the termination fee, within a maximum period of 14 days after the termination of the travel contract.

16.4. The Customer is also entitled to terminate the travel contract before the commencement of the same 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 performance of the same or the transport of the passengers to the destination. Termination of the travel contract in this situation only entitles the Customer to a full refund of payments made.

 

17. CHANGES BY THE CUSTOMER

17.1 If the suppliers of the trip in question allow, whenever a Customer registered for a particular trip, wishes to change his registration for another trip or for the same one departing on a different date, or any other possible change, he must pay the corresponding fee, as alteration expenses.

17.2 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, it is subject to the expenses and charges provided for in the termination item.

17.3 After starting the trip, if requested to change the services contracted for reasons not attributable to the Agency (eg flight changes, extension of nights of stay) the prices of tourist services may not correspond to those published in the brochure that motivated the contract

 

18. PROGRAM CANCELLATIONS BY THE AGENCY

18.1 When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the organized 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:

1. 20 days before the start of the package trip, in the case of trips lasting more than six days;

2. 7 days before the start of the package trip, in the case of trips lasting between two and six days;

3. 48 hours before the start of the package trip, in the case of trips lasting less than two days.

18.2. Before the start of the package trip, the Agency may also terminate the contract if it is prevented from performing it due to unavoidable and exceptional circumstances.

18.3. The termination of the travel contract by the Agency under the terms mentioned above only entitles the traveler to a full refund of payments made within a maximum period of 14 days after the termination of the travel contract.

 

19. REFUNDS

Once the trip has started, no refund is due for services not used by the Customer for reasons of force majeure or for reasons attributable to the Customer, except for reimbursement by the respective suppliers. Failure to provide services provided for in the travel program for reasons attributable to the organizing Agency and if it is not possible to replace them with other equivalents, entitles the Customer to be reimbursed for the difference between the price of the services provided and those actually provided.

 

20. INSURANCE

20.1. The liability of the travel agency organizing the program and arising from the obligations assumed is guaranteed by civil liability insurance at Companhia Seguros Tranquilidade, policy no.

20.2 The Agency includes in its travels the travel assistance insurance, entered into with the insurance company Europ Assistance, policy no. L11APK01124, mediated by Intermundial.

20.3. The Agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.

 

21. PAYMENT METHODS

21.1 The Agencies provide the following payment methods:

• Multibanco payment;

• Money;

• Credit card.

21.2 The use of payments by bank transfer is only possible for some services / products and the Customer, if he wishes to use this form of payment, must contact the Agency via email or by telephone.

21.3. The payment methods are indicated according to the type of service booked and may, in some situations, not allow the use of the payment methods indicated in 21.1.

21.4. Payment for services using pre-purchased products such as Traveler's Checks and others is not possible automatically and through the website, the customer must contact the Agency.

21.5. Travel documents are issued after payment and verification of good collection. The Agency reserves the right to cancel reservations that have not been paid within the indicated deadlines or in case of suspicion of fraud.

21.6. In case of suspicion of fraud with the use of credit cards for payment, the Agency may request the sending of a copy of the card used and a copy of the identification document.

21.7. In the event of a fraud situation, the services are automatically canceled regardless of the travel documents being issued or even the trip and/or stay having already started.

 

22. PAYMENT THROUGH VOUCHER, UNDER Decree-Law No. 17/2020 of 23 April

The cancellation of travel services / organized trips whose reservation has been made using the voucher issued under Decree-Law No. of the service, in order to avoid simulated or fraudulent reservations made only with the intention of anticipating the receipt of the amounts entitled by the voucher.

 

23. VAT

The prices mentioned in the programs already reflect the Value Added Tax at the current rate.

 

24. LEGISLATION AND JURISDICTION

Portuguese law will apply to all disputes arising from the interpretation or execution of these General Conditions.

 

25. CHANGES TO GENERAL CONDITIONS

The Agency reserves the right to change these General Conditions at any time and whenever necessary, informing the customer of this fact and prior to making the reservation. 25. UNINTERRUPTED PROVISIONS If any part or provision of these General Conditions is considered null and void, the remaining provisions will remain in force, their global validity not being affected unless it is possible to conclude that the parts do not would have agreed to provide the service or supply the product if they had foreseen the nullity or ineffectiveness of the provision in question.

 

GRADES:

• These general conditions may be complemented by any other specific ones as long as they are duly agreed by the parties.

• Due to the constant changes in the price of fuel over the prices charged, there may be a change in the fuel supplement included in the price under the terms of the “price change” clause.

• The categories of hotels and cruises presented in the brochures follow the quality standards of the host country, and they 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, for which the Agency is obliged to inform the Customer as soon as he becomes aware of it.

 

GENERAL INFORMATION

 

ARRIVAL OR DEPARTURE TIMES:

Departure and arrival times are indicated in the local time of the respective country and in accordance with the schedules of the respective airlines at the time the program was printed, and may therefore be subject to change. In trips that include transport by bus, the times indicated are approximate.

 

HOTELS / APARTMENTS:

Apartments - In case the accommodation is hired in an apartment, it is the Client's responsibility to inform the number of people who will occupy the apartment. If more people show up than those booked, the apartments may refuse entry.

Hotels - The price shown is per person and is based on double occupancy. Not all hotels have a triple room and an extra bed is usually placed, which may not be of the same quality. In rooms equipped with two or double beds, the triple can be made up of just those beds.

The list of hotels and apartments included in the program is indicative, as is their category, which respects local criteria and classifications whose criteria are sometimes different from those used in Portugal.

 

MEALS:

Unless otherwise stated, the prices shown for Half Board and Full Board supplements do not include drinks. Lunches/dinners provided for in programs/circuits also do not include drinks.

Upon 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 late check-out, the last service of the hotel will be breakfast.

On trips organized on a half-board or full-board basis, meals that coincide with flight times, transport to and from the airport or waiting for air connections are not included.

Any specific request from the Customer regarding meals is always subject to confirmation from the supplier and may involve the payment of a supplement.

 

ENTRY AND DEPARTURE TIMES:

The times of entry and exit on the first and last day will be defined according to the first and last service. As a rule, rooms can be used from 14:00 on the day of arrival and must be left free until 12:00 on the day of departure.

In the apartments, the entry is usually at 17:00 on the day of arrival and must be left free until 10:00 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.