Terms and conditions

General sales conditions

This travel programme is the informative document in which these general conditions are inserted, forming an integral part of it and which constitute, in the absence of an autonomous document, the travel contract. These general conditions comply with the provisions of current legislation. The General Conditions whose purpose is an Organized Trip or Related Travel Service contained in this programme, the corresponding standardized information sheets and the particular conditions contained in the travel documentation provided to the Traveler at the time of booking the trip constitute the travel contract that binds the parties.

1. Organization

Travel is organized by Travelcare — Agência de Viagens e Turismo, Lda., legal entity 509 332 730, with headquarters at Rua Damião de Góis 323, holder of RNAVT 2849. The contract consists of general conditions as long as it includes all necessary information. We know and mention that some information will only be known pending the reservation process, and therefore cannot be included in the general conditions, but must be included in a document that is delivered to the customer — particular conditions — as the contract will only be complete when it includes all the information required by law.

According to Decree-Law No. 17/2018 of March 8, "Traveler" is understood to be any person who seeks to conclude a contract or is entitled to travel on the basis of a travel contract, namely consumers, natural persons traveling on business, as well as self-employed professionals, self-employed workers or other natural persons, as long as they are not covered by a general agreement for the organization of business trips.

2. Registration

Upon registration, the Traveler will make the requested payment. If registration takes place 21 days or less from the start date of the service, the full price must be paid at the time of registration. Travelcare reserves the right to cancel any registration for which payment has not been made under the conditions mentioned above. Reservations are subject to suppliers obtaining confirmation of all services.

3. Information under Law No. 144/2015 of September 8

Pursuant to Law No. 144/2015 of September 8, in its current wording, we inform that the Traveler may resort to the following Entities for Alternative Resolution of Consumer Disputes: Portuguese Tourism Arbitration Commission, at www.turismodeportugal.pt; or to any of the entities duly indicated in the list made available by the General Directorate of Consumer Affairs, at www.consumidor.pt.

4. Complaints

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

The right to submit complaints for the purpose of price reduction or the right to compensation for lack of conformity of travel services included in the organized trip expires within 2 years.

5. Luggage

The agency is responsible for baggage under legal terms. The Traveler has the obligation to complain to the entity providing the services when baggage is lost, damaged or destroyed. In international transport, in the event of damage to luggage, the complaint must be made in writing to the carrier immediately after verifying the damage and within a maximum of 7 days of delivery. If there is a mere delay in the delivery of luggage, the complaint must be made within 21 days from the date of delivery. The presentation of such a complaint will be an essential basis for triggering Travelcare's liability over the entity providing the service.

6. Limits

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

With regard to maritime transport, the liability of travel agencies in relation to their Travelers, for the provision of transport or accommodation services by maritime transport companies, in the case of damages resulting from their intent or negligence, will be limited to the following amounts:

• 441,436 euros, in case of death or bodily harm;
• 7,881 euros, in case of total or partial loss of luggage or damage;
• 31,424 euros, in case of loss of a motor vehicle, including the luggage contained therein;
• 10,375 euros, in case of loss of luggage, whether accompanied or not, contained in a motor vehicle;
• 1,097 euros, for damage to luggage, as a result of damage to the motor vehicle.

When applicable, the liability of travel and tourism agencies for the deterioration, destruction and theft of luggage or other items, in tourist accommodation establishments, while the Traveler is staying there, has the following limits: 1,397 euros globally; 449 euros per item; or the value declared by the Traveler regarding the items deposited in the custody of the tourist accommodation establishment.

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

7. Reservation and change expenses

Expenses will be charged for each reservation in accordance with information provided by the travel agency. For each change (names, dates, type of apartment or room, trip, etc.) expenses will be charged according to the information provided by the travel agency. Acceptance of such changes depends on acceptance by the respective suppliers.

8. Documentation

The Traveler must have their personal or family documentation in good order (citizen card, identity card, passport, military documentation, authorization for minors, visas, vaccination certificate and others that may be required). The agency declines any responsibility for refusing to grant visas or not allowing the Traveler to enter a foreign country, and any and all costs that such a situation may entail are the responsibility of the Traveler.

Travel within the European Union. Travelers, regardless of age, who travel within the European Union must be in possession of their respective civil identification document. To obtain medical assistance, you must have the respective European Health Insurance Card. Nationals of non-EU countries should consult specific information regarding the necessary documentation at the embassies or consulates of their countries of origin.

Travel outside the European Union. Travelers, regardless of age, who travel outside the European Union must be in possession of their passport, as well as a visa if necessary. Nationals of non-EU countries should consult specific information at the embassies or consulates of their countries of origin.

9. Changes requested by the Traveler

If the suppliers of the trip in question allow it, whenever a Traveler registered for a specific trip wishes to change their registration for another trip, or for the same one departing on a different date, or for any other possible change, they must pay the fee referred to above as change expenses. However, when the change takes place 21 days or less in advance of the departure date, or if the service providers do not accept the change, you will be subject to the expenses and charges set out in the clause “Termination of the contract by the Traveler”.

Once the trip has begun, if a change is requested to the services contracted for reasons not attributable to the agency, the prices of tourist services may not correspond to those published in the brochure that motivated the contract.

10. Assignment of registration

The Traveler may give up his position, being replaced by another person who meets all the conditions required for the organized trip, as long as he informs the travel and tourism agency, in writing, up to seven consecutive days before the scheduled departure date.

The assignor and the assignee are jointly responsible for paying 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.

11. Changes to be made by the agency

Whenever, before the start of the organized trip, the travel and tourism agency is forced to significantly change any of the main characteristics of the travel services, or is unable to meet the special requirements requested by the Traveler, or proposes to increase the price of the organized trip by more than 8%, the Traveler may, within 20 days:

• Accept the proposed change;
• Terminate the contract, without any penalty, being reimbursed for the amounts paid;
• Accept an organized replacement trip proposed by the agency, being reimbursed in case of price difference.

The lack of response from the Traveler within the period set by the agency will imply tacit acceptance of the proposed change or cancellation of the trip, with the application of the respective termination fees.

12. Termination of the contract by the agency

When the trip depends on a minimum number of participants, the agency reserves the right to cancel the organized trip if the number of participants reached is lower than the minimum. In these cases, the Traveler will be informed in writing of the cancellation within:

• 20 days before the start of the organized trip, in the case of trips lasting more than six days;
• 7 days before the start of the organized trip, in the case of trips lasting two to six days;
• 48 hours before the start of the organized trip, in the case of trips lasting less than two days.

Before the start of the organized trip, the agency may also terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances. Termination of the travel contract by the agency under the terms referred to above only gives the Traveler the right to a full refund of payments made, within a maximum period of 14 days after termination.

13. Price change

The prices contained in the programme are based on the costs of services and exchange rates in force on the date of printing of this programme, and are therefore subject to changes, increases or decreases, resulting from variations in the cost of transport or fuel, taxes, fees and exchange rate fluctuations up to 20 days before the date of travel.

If the increase in question exceeds 8% of the total price of the organized trip, the provisions of the clause “Changes to be made by the agency” will apply. In the event of a price reduction, the agency reserves the right to deduct from the reimbursement to be made to the Traveler the corresponding administrative expenses, which will be justified at the Traveler's request.

14. Refunds

Once the trip has started, no refund is due for services not used by the Traveler due to force majeure or for reasons attributable to them, except for reimbursement by the respective suppliers. Failure to provide services provided for in the travel programme for reasons attributable to the organizing agency, and if it is not possible to replace them with other equivalent ones, entitles the Traveler 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

The Traveler is free to cancel the trip at any time before it begins. Such termination implies that you are responsible for paying all charges that the beginning of compliance with the contract and its withdrawal give rise to, less the reallocation of services and cost savings.

When applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts mentioned above. The refund will be made, minus the termination fee, within a maximum period of 14 days after termination of the travel contract.

The Traveler also has the right to terminate the travel contract before the start of the trip without paying any termination fee, if unavoidable and exceptional circumstances occur at the destination or in its immediate vicinity that considerably affect the completion of the trip or the transport of passengers to the destination. Termination in this situation only gives the Traveler the right to a full refund of payments made.

16. Responsibility

The travel and tourism agency is responsible for the correct execution of all travel services included in the travel contract.

When it comes to organized trips, travel and tourism agencies are responsible to Travelers, even if the services must be performed by third parties and without prejudice to the right of return, under the general applicable terms. Organizing agencies respond jointly with retail agencies in the case of organized trips.

In other travel services, the agency is responsible for the correct issuance of accommodation and transport tickets and also for the guilty choice of service providers, if these have not been suggested by the Traveler. The agency that acts as an intermediary in sales or reservations of individual travel services is responsible for errors in issuing the respective titles, even in cases resulting from technical deficiencies in the reservation systems that are attributable to it.

The agency is not responsible for errors in the reservation that are attributable to the Traveler or that are caused by unavoidable and exceptional circumstances.

17. Assistance

In case of difficulties faced by the Traveler, or when for reasons not attributable to him/her he/she is unable to complete the organized trip, the travel and tourism agency will provide the following assistance: provision of adequate information about health services, local authorities and consular assistance; and assistance to the Traveler in carrying out distance communications and finding alternative travel solutions.

At any time, Travelers can contact the travel agency via the emergency number +351 225 084 760 or the contact number provided by their travel consultant.

If the difficulty underlying the request for assistance was caused by the Traveler deliberately or through negligence, the agency may charge a fee in the amount of the costs incurred as a result of providing that assistance.

If, due to unavoidable and exceptional circumstances, the Traveler is unable to return, the organizing agency is responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per Traveler. This cost limitation does not apply to people with reduced mobility or their companions, pregnant women and unaccompanied children, nor to people who require specific medical care, provided that the agency has been notified of these specific needs at least 48 hours before the start of the organized trip.

18. Insolvency

In the event of insolvency of the travel and tourism agency, the Traveler may resort to the Travel and Tourism Guarantee Fund, for which they must contact Turismo de Portugal, I. P., the entity responsible for the respective activation: Turismo de Portugal, I. P., Rua Ivone Silva, Lote 6, 1050-124 Lisboa, telephone 211 140 200, info@turismodeportugal.pt.

19. Insurance

The liability of the travel agency organizing this programme, arising from the obligations assumed, is guaranteed by civil liability insurance with VICTORIA — Seguros, S.A., policy no. 1603050, in the amount of 75,000.00 euros, in accordance with current legislation.

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

20. VAT

The prices mentioned in this programme reflect those set out in Decree-Law 221/85 of July 3, VAT at the margin.

General information

Arrival or departure times

Departure and arrival times are indicated in the local time of the respective country and according to the schedules of the respective airlines on the date of printing of this programme, and may therefore be subject to change.

Hotels and apartments

Apartments. If accommodation is contracted in an apartment, it is the Traveler's responsibility to inform the number of people who will occupy the apartment. If more people show up than those reserved, 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 programmes is indicative, as is their category, which respects local criteria and classifications that are sometimes different from those used in Portugal.

Meals

Unless otherwise stated, prices shown for half board and full board supplements do not include drinks. If you arrive at the hotel after 7pm, the first meal service will be breakfast the following day. On the last day, and unless there is a possibility of late check-out, the hotel's last service will be breakfast.

Entry and exit times

The entry and exit times on the first and last day will be defined depending on the first and last service. As a rule, without being binding, rooms can be used from 2pm on the day of arrival and must be left free until 12pm on the day of departure. In apartments, entry is generally made at 5pm on the day of arrival and must be left free until 10am on the day of departure.

Special conditions for children

Given the diversity of conditions applied to children, depending on destination and supplier, it is recommended to always question any special conditions that may apply to the trip in question.

Annex I, Part A — Standardized fact sheet

The combination of travel services offered to you constitutes an organized trip within the meaning of current legislation. Therefore, you will benefit from all EU rights applicable to package travel. Travelcare is fully responsible for the correct execution of the entire organized trip. Furthermore, as required by law, Travelcare has protection to reimburse payments it has made and, if transport is included in the organized trip, ensure its repatriation if it is declared insolvent. More information about the main rights under Decree-Law No. 17/2018 in force and at www.travelcare.pt.