1.1. These contractual General Conditions aim to establish the terms and conditions that will apply to travel service provision organised by Journey to Portugal, a brand from Sem Limite, Viagens e Turismo Lda, a company with registered office at Lisbon, Portugal, registered in the Companies Registry of Portugal, with a registration and tax single number 503 939 765, with the share capital in the amount of € 4.000,00, with Registration No. 2236 at the Portuguese Register of Travel and Tourism Agencies (RNAVT) (hereinafter referred to as AGENCY), to be added to any particular Private Conditions agreed between the Client and the AGENCY.
1.2. The terms contained in any Private Conditions, if any, will prevail over the provisions contained in these General Conditions, prevailing over both of them any additional written provisions specially agreed between the Client and the AGENCY.
1.3. Services and products are offered to the Client under the terms and conditions contained herein.
1.4 Information contained in the proposal/program shall be binding to the agency except if, cumulatively:
• The program expressly foresees it;
• Amendments to the same are minimum;
• The amendment information is provided to the traveller in long-lasting form.
1.5. These general conditions comply with the provisions contained in Decree-Law 17/2018, dated March 8th.
1.6. General Conditions which object is an Organised Trip or a Related Travel Service contained in this program, the corresponding standardized information notes, and the particular conditions contained in the travel documentation delivered to the Traveller at the time of booking constitute the travel contract which become binding upon the contracting parties.
1.7. When contracting the AGENCY, the Client recognizes and accepts all the established terms and conditions declaring also to be fully aware of all the documents referred to in paragraph 1.6.
2.1. When the client books and makes a reservation he must pay 100% of the total price of the purchased service.
2.2. If the trip booked by the client is a Tour Operator combined program, not subject to automatic reservation procedures, a 25% advance payment shall be made, and the remaining 75% shall be paid until 21 days before the start of the trip.
2.3. Exceptions are made when suppliers require different payment conditions, regardless of the reservation anticipation; the conditions of those suppliers prevail as special conditions. If applicable, the AGENCY shall report the amount to be paid as soon as they are informed of the price, the client being held responsible for the payment of the same in order to make the reservation.
2.4. The AGENCY reserves the right to cancel any booking which payment has not been made on the conditions referred to above.
2.5. Reservations shall be conditional upon confirmation of all services by suppliers.
3. Information pursuant to Law no. 144/2015, dated September 8th
Pursuant to Law no. 144/2015, dated September 8th, we hereby inform that the Client may always apply to the following entities involved in Alternative Dispute Resolution for Consumer Disputes:
i) Customer Ombudsman for Travel and Tourism Agencies at www.provedorapavt.com;
ii) Turismo de Portugal Arbitral Commission at www.turismodeportugal.pt;
4.1 Any nonconformity in the execution
of a travel service included in the organised travel contract must be reported to the organised travel or retailing agency in writing or otherwise appropriately as soon as this nonconformity occurs, in other words, without unjustified delay.
4.2 The right to submit any complaint for purposes of price reduction or compensation due to failure to comply with the Travel services included in an organised trip shall be time-barred after a period of 2 years.
5.1. The AGENCY is responsible for any luggage pursuant to the law.
5.2. The client has the obligation to submit a complaint to the service provider entity in case of deduction, deterioration or destruction of his luggage.
5.3. In international transportation, in case of damage in his luggage, the complaint shall be addressed in writing to the carrier immediately after the damage, within 7 days at the utmost from delivery of the same. If there is a delay in delivering the luggage, the complaint shall be made within 21 days as from the delivery of the same.
5.4. Submission of such a complaint is foreseen in International Conventions and is essential for the AGENCY to hold the service provider entity liable.
6.1. The AGENCY responsibility shall be limited to the maximum amount required from the service provider entity, in accordance with the Montreal Convention, dated May 28th, 1999, on International Air Transport, and with Berne Convention, dated 1961, on Railway Transport.
6.2. As far as sea transport is concerned, the responsibility of travel agencies, regarding its clients, for the provision of transport or accommodation services, when applicable, by sea transport companies, in case of damages arising from negligence or deliberate action, shall have the following limits:
a) € 441,436, in the event of death or 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 car, including inside luggage;
d) € 10,375, in the event of loss of luggage, accompanied or unaccompanied luggage, inside a car;
e) € 1,097, for damages to luggage, as a result of car damage.
6.3. When applicable, the travel and tourism responsibility for the deterioration, destruction and deduction of luggage and other item, in touristic accommodation resorts, while the client is staying there, shall have the following limits:
a) € 1,397, globally;
b) € 449 per item;
c) The value declared by the client, regarding items taken into the custody of the touristic accommodation resort.
6.4. The AGENCY responsibility for damages other than personal injury may contractually be limited to the amount corresponding to three times the price of the sold service.
7. Reservation and amendment rates and expenses
For each reservation there 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.) the expenses 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.
In some destinations, there are local, entry and departure taxes to be paid locally, which shall be reported before booking.
Some cities charge a touristic tax, this fact being reported before booking. As a rule, this amount is not included in the price of accommodation and shall be paid locally.
8.1. The client must have his personal and family documentation valid, (identity card, military documents, minors travel authorization, visas, vaccination certificate, and others that may also be required). The AGENCY declines any responsibility for visa denial or non-permission to enter a foreign country; any cost that the client may incur with this shall entirely be for the client’s account and risk.
8.2. Trips in the European Union:
i. Clients (regardless of their age) traveling inside the European Union must have their respective civil identification document (passport; Id; Citizen Card);
ii. In order to have medical assistance they must have the respective European Health Insurance Card;
iii. Nationals from non-community countries must consult specific information regarding the required trip documentation with embassies/consulates of the origin countries.
8.3. Trips outside the European Union:
i. Clients (regardless of their age) traveling must have their respective civil identification document (passport) as well as the visa if necessary (get this information with the AGENCY during reservation);
ii. Nationals from non-community countries must consult specific information regarding the required trip documentation with embassies/consulates of the origin countries.
8.4. Minors traveling with their parents or authorized by the latter with other adults must have their own identification document; citizen card or Identity card, passport.
8.5. Countries requiring submission of a passport, passports must be valid for at least 6 months beyond the date of departure from the destination country.
9. Changes by the client
9.1. Should suppliers of the trip in question allow, whenever a client, registered for a certain trip, wishes to change his subscription to a different trip or to the same with departure on a different date, or other possible change, shall pay a rate, plus the expenses associated with that change.
9.2. However, when the change takes place 21 days or less before the trip date of departure, which the client subscribed, or if the service suppliers refuse to accept the change, he will be subject to the expenses and charges foreseen in item “withdrawal (termination)”.
9.3. Once the trip has been initiated, if the client requests any service change due to reasons non ascribable to the AGENCY (ex. extra accommodation nights, flight changes) the prices of touristic services may not correspond to the one published in the brochure that motivated the purchase.
10. Assignment of the subscription (contractual position)
10.1 The client is entitled to assign his subscription, being replaced by another person who fulfills all the required conditions for the trip, provided that he informs the AGENCY at least seven consecutive days in advance.
10.2 The assignment of the subscription jointly holds assignee and assignor accountable for payment of the price of the trip and for any additional charges originated by the assignment, who shall duly be informed and confirmed by the Travel and Tourism Agency.
11. Changes by the Agency
11.1.Whenever, before the beginning of the organised trip:
i) The AGENCY is forced to significantly change some of the main characteristics of the travel services;
ii) Or is unable to meet the special requirements requested by the Traveller;
iii) Or proposes an organised trip price increase in more than 8%,
The traveller is entitled, within (…) days :
a) To accept the proposed change;
b) Terminate the contract, without any penalty, being reimbursed of all paid amounts;
c) To accept the proposed organised trip replaced by the travel and tourism agency, being reimbursed in case of price difference.
11.2. Failure to give an answer by the traveller within the deadline announced by the AGENCY shall imply tacit acceptance of the proposed change.
12. Cancellation of program by the AGENCY
12.1 Whenever the trip depends on a minimum number of participants, the AGENCY reserves the right to cancel the organised trip should the number of participants is lower than the minimum. In these cases, the client shall be informed in writing about the cancellation within:
a) 20 days before the beginning of the organised trip, in case of trips that last more than six days;
b) 7 days before the beginning of the organised trip, in case of trips that last from two to six days;
c) 48 hours before the beginning of the organised trip, in case of trips that last less than two days.
12.2. Before the beginning of the organised trip the AGENCY may also terminate the contract if prevented from enforcing the same due to inevitable and exceptional circumstances.
12.3. Termination of the travel contract by the AGENCY under the terms referred to above shall only entitle the traveller to be fully reimbursed of any payments made within 14 days at the utmost after termination of the travel contract.
13. Price change (organised trips)
13.1 Constant prices are based on service costs and exchange rates in force on the date of publication, so they are subject to change arising from variations in the cost of transports or fuel, rights, taxes, rates and exchange fluctuations until 20 days prior to the travel date.
13.2 Should the price increase in question exceed 8% of the total cost of the organised trip, the provisions contained in clause 11 – “Changes by the AGENCY” shall apply.
13.3. In case of price reduction, the AGENCY reserves the right to deduct the corresponding administrative expenses from the reimbursement to be made to the traveller, to be justified whenever requested by the traveller.
Once the service has been initiated, no reimbursement is due for services which were not used by the client due to reasons of “force majeure” or for any reason ascribable to the client, except if reimbursed by the respective suppliers. Failure to provide the services for reasons ascribable to the AGENCY, and should it be impossible to replace them for other equivalent ones, entitles the client to be reimbursed of the difference between the price of the foreseen services and the ones which were actually provided.
15. Withdrawal (termination)
15.1. The Client, or any of his accompanying travellers, is free to withdraw from the trip at any time. However cancellation fees will be charged. Cancellations will vary according to trip dates and length.
15.2 This cancellation requires that the same will be responsible for the payment of any charges associated with compliance and withdrawal from contract less the re-allocation of services and cost economies.
15.3 When applicable, the client can get a full refund of the difference between the amount paid and the above-mentioned amounts. In this case, the refund shall be made, termination fee being deducted, within 14 days at the utmost after termination of the travel contract.
15.4 The traveller is also entitled to terminate the travel contract before the beginning of the same without having to pay any termination fee, should any inevitable or exceptional circumstances take place at the destination or at the respective surroundings, considerably affecting the same or the transportation of passengers to the destination. Termination of the travel contract in this case shall only entitle the traveller to fully be reimbursed of all payments made.
17.1. The AGENCY is responsible for the correct execution of all the travel services included in the travel contract.
17.2. In case of organised trips, the AGENCY is responsible before Travellers, even if the services are provided by third parties and without prejudice of the right of recourse, in the applicable general terms.
17.3. The organizing travel and tourism agencies are jointly liable together with retail agencies, in case of organised trips.
17.4. In the remaining travel services, the AGENCY is liable for the correct issuance of the accommodation vouchers and transportation tickets and also for the service provider blameworthy choice, if not chosen by the traveller.
17.5. The AGENCY acting as intermediary in separate travel service sales and bookings is responsible for any voucher or ticket issuance errors, even in cases arising from technical failures in the booking systems ascribable to them.
17.6. The AGENCY is responsible for any errors due to technical failures in the booking systems ascribable to them and, if they have accepted to book any organised trip or travel service, which are part of related travel services, they will also be responsible for errors committed during the booking process.
17.7. The AGENCY is not responsible for booking errors ascribable to the traveller or which were due to inevitable or exceptional circumstances.
18.1. Should the traveller experience difficulties, or when for reasons not ascribable to him, the latter cannot finish the organised trip, the AGENCY shall give the following assistance:
a) Provision of appropriate information on health services, local authorities and consular assistance;
b) Provision of assistance to the traveller in making distant calls and to find alternative travel solutions.
18.2 If the difficulty associated with the request for assistance was deliberately and carelessly caused by the traveller, the AGENCY may charge a rate in the amount of the costs they incurred with the provision of such assistance.
18.3. If due to inevitable and exceptional circumstances, the traveller cannot return, the organizing AGENCY is responsible for paying the necessary accommodation costs, if possible in the same category, for a period which shall not exceed three nights per traveller. The retail AGENCY is jointly liable for the obligation in question, without prejudice of the right of recourse, in accordance with the applicable general terms.
18.4. The limitation of costs referred to above does not apply to people with reduced mobility, or to the respective traveling companions, pregnant women and children without travelling companions, or to people who need specific healthcare, provided that the AGENCY was notified of those special needs at least 48 hours before the beginning of the organised trip.
In the event of insolvency of the AGENCY, the traveller can apply to the Travel and Tourism Guarantee Fund, by contacting Turismo de Portugal I.P, the entity responsible for the respective mobilization:
Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830
20.1 Pursuant to the legislation in force, the agency’s liability is guaranteed with a civil liability insurance with the Insurance Company FIDELIDADE, policy no. RC64092786, in the amount of € 75.000,00.
20 .2 The AGENCY offers insurance that may be purchased according to the trip and to guarantee assistance situations and cancellation expenses.
– The remaining special conditions shall be included in the brochure of every destination and specific trip – private conditions – which are part of the travel contract.
– These general conditions may be complemented by any other specific ones provided that duly agreed between the parties.
– Plan prices are based in the average dollar exchange rate so any relevant depreciation of this currency may entail a price revision of the trip in accordance with the provisions contained in the clause “price change”.
– Because of the constant changes in fuel prices, fuel supplements may be added to price in accordance with the provisions contained in the clause “price change”.
– Hotel and cruise categories presented in the brochures meet the quality standards of the hosting country, being replaced by other similar ones when, for reasons not ascribable to the agency, it will not be possible to MAINTAIN or confirm the existing reservation, the agency being committed to inform the client as soon as they have become aware of such change.
Arrival or departure times
Arrival and departure times are quoted in the local time of the respective country and in accordance with the times of the respective airline companies on the booking date, being therefore subject to change.
Trips including bus transport, times are deemed approximate times.
Except as otherwise referred, drinks are not included in lunches and dinners foreseen in the respective travel program (full board and/or half board plans).
Any Client specific request regarding meals will always depend on the supplier confirmation and may require extra payment.
In organised trips on full or half board plans, meals that coincide with hours of flight, with transportation from and to the airport and with waiting times for flight connections are not included.
When the Client arrives to the hotel after 7:00 p.m., the first meal service will be breakfast on the next day. On last day, and except possibility of late check-out, the last hotel service will be breakfast.
Hours of arrival and departure
The hours of arrival and departure on the first and last day shall be arranged according to the first and last service. As a rule, which is in no way binding, rooms can be used from 2:00 p.m. on the day of arrival, and should be left vacant before 12:00 a.m. on the day of departure.
Apartments are normally available as from 5:00 p.m. on the day of arrival, and should be left vacant before 10:00 a.m. on the day of departure.
STANDARDIZED INFORMATIVE NOTE
The proposed combination of travel services is deemed to be an organised trip pursuant to Decree Law no. 17/2018, dated March 8th.
Therefore, you will benefit from all the EU rights applicable to organised trips. Journey to Portugal/Sem Limite Lda and the organizing agency (Tour Operator) considered for this trip shall fully be liable for the correct execution of the entire organised trip.
In addition, as required by law, Journey to Portugal/Sem Limite Lda and service providers have a protection to reimburse the payments you might have made and, if transportation is included in the organised trip, to guarantee your repatriation if declared insolvent.
Further information about major rights as contained in Decree-Law no. 17/2018
(for online bookings or other where links can be used)