The present program is the information document in which these general conditions are inserted, forming an integral part of it and constituting, in the absence of an autonomous document the travel contract,
This information is binding on the agency unless cumulatively:
The program expressly provides;
Changes to it are insignificant;
The information on the change is provided to the traveler on a durable medium;
These general conditions comply with the provisions of Decree-Law no. 17/2018 of 08 March.
The General Conditions, the object of which is an Organized Journey or Related Travel Service contained in this program, the corresponding standard information sheets and the particular conditions contained in the travel documentation provided to the Traveler at the moment of booking the trip constitute the travel contract that binds the parties.
1.1 The organization of the trips included in this brochure is the Tropical-Travel Agency, Lda., Located at Rua Tenente Leonardo Meireles, 145, Paços de Ferreira, Taxpayer Tax No. 502691140, with the capital stock of € 100,000, registered at the Commercial Registry Office of Paços de Ferreira under no. 00740/920123, and with RNAVT no. 2016, telephone 255 862 800, email firstname.lastname@example.org.
1.2 The commercialization of the trip is carried out by the company A Tropical-Travel Agency and Tourism, Lda. With headquarters at Rua Tenente Leonardo Meireles, 145, Paços de Ferreira, Taxpayer Tax no. 502691140, with a capital stock of € 100,000, registered at the Commercial Registry Office of Paços de Ferreira under number 00740/920123, and with RNAVT no. 2016, telephone 255 862 800, email email@example.com.
At the time of registration, the traveler must deposit 25% of the price of the service, paying the remaining 75% up to 21 days before the start of the service. If the registration takes place 21 days or less from the date of commencement of service, the total price of the service must be paid upon registration. The travel agency reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above. The reservations are conditional upon obtaining the part of the suppliers of the confirmation of all the services.
3. INFORMATION ACCORDING TO BILL N.º 144/2015 OF 8TH SEPTEMBER:
In accordance with Law no. 144/2015 of September 8, as amended, we hereby inform you that the Traveler may use the following Alternative Dispute Resolution Entities:
i) Provider of the Client of the Travel and Tourism Agencies in www.provedorapavt.com;
ii) Portugal Tourism Arbitration Commission in www.turismodeportugal.pt;
4.1 Any disagreement in the execution of a travel service included in the package travel contract must be communicated to the travel agency organizer or retailer in writing or other appropriate form as soon as such discontinuance occurs, ie without undue delay.
4.2 The right to present claims for the purpose of price reduction or compensation for lack of conformity of the travel services included in the package travels within a period of two years.
5.1 The agency is responsible for the baggage in the legal terms;
5.2 The Traveler has an obligation to complain to the entity providing the services at the moment of subtraction, deterioration or destruction of luggage.
5.3 In the international transport, in case of damage in the luggage, the complaint must be made in writing to the carrier immediately after the verification of the damage, and a maximum of 7 days from its delivery. In case of a delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery.
5.4 The filing of such a complaint shall be an essential basis for triggering the liability of the travel agent over the entity providing the service.
6.1 The liability of the agency shall be limited to the maximum amount due to service providers under the Montreal Convention of 28 May 1999 on International Carriage by Air and the Berne Convention of 1961 on Rail Transport.
6.2. In the case of maritime transport, the liability of travel agents, in respect of their Travelers, the provision of transport services, or accommodation where appropriate by maritime transport undertakings, in the case of damage resulting from intent or negligence , shall be limited to the following amounts:
a) € 441,436, in case of death or personal injury;
b) € 7,881, in the event of total or partial loss of luggage or damage to it;
c) € 31,424, in the event of loss of a motor vehicle, including the luggage contained therein;
d) € 10,375 in the event of loss of baggage, accompanied or not, contained in a motor vehicle;
e) € 1,097, for damage to the luggage, as a result of damage to the motor vehicle.
6.3. Where it exists, the responsibility of travel and tourism agencies for the deterioration, destruction and subtraction of luggage or other articles in tourist accommodation establishments, while the Traveler is staying there, has the following limits:
a) € 1.397, overall;
b) € 449 per article;
c) The value declared by the Traveler, for the articles deposited in the custody of the tourist accommodation establishment.
6.4. The agency's liability for non-personal damages is contractually limited to the amount corresponding to three times the price of the service sold.
7. RESERVATION AND AMENDMENT EXPENSES
For each reservation will be charged expenses according to information to be provided by the travel agency. For each change (names, dates, type of apartment or room, travel, etc.) will be charged expenses according to information to be provided by the travel agency. Acceptance of such changes depends on acceptance by the respective suppliers
8.1. The traveler must have in good order his / her personal or family documentation, (identity card, military documentation, authorization for minors, visas, certificate of vaccines and others that may be required). The agency declines any responsibility for refusing to grant visas or not admitting travelers to a foreign country; being still of the Traveler's account any and all costs that such situation entails.
8.2. Travel in the European Union: Travelers (irrespective of age) who travel within the European Union must be holders of the respective civil identification document (Passport, B.I, Citizen's Card); To obtain medical assistance they must be holders of the respective European Health Insurance Card; Nationals of non-EU countries should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
8.3. Travel outside the European Union: Travelers (irrespective of age) traveling outside the European Union must have their passport and visa if necessary (obtain such information from the agency at the time of booking); Nationals of non-EU countries should consult specific information on the documentation necessary for travel to the embassies / consulates of the countries of origin;
9. CHANGES REQUESTED BY THE TRAVELER
9.1. If the suppliers of the travel in question allow, whenever a Traveler, registered for a particular trip, wishes to change his registration for another trip or to the same with departure from a different date, or any other change, he must pay the above mentioned rate , as changeover costs. However, when the change takes place 21 days or less in advance of the departure date of the trip, for which the Traveler is registered, or if the service providers do not accept the change, he is subject to the expenses and charges in the "Termination of the Contract by the Traveler" clause.
9.2. After the start of the trip, if requested to change the services contracted for reasons not attributable to the agency (eg extension of the nights of stay, change of flight), the prices of the tourist services may not correspond to those published in the brochure that motivated the hiring.
10. APPLICATION FOR REGISTRATION (CONTRACTUAL POSITION)
10.1 The traveler may transfer his position and be replaced by another person who fulfills all the conditions required for the package, provided that he informs the travel and tourism agency, in writing, for up to seven consecutive days before the scheduled date for the game.
10.2 The transferor and the transferee shall be jointly and severally liable for payment of the outstanding balance and for the additional charges, charges or costs arising from the assignment, which shall be duly informed and verified by the travel and tourism agency.
11. CHANGES TO BE MADE BY THE AGENCY
11.1. Whenever, prior to the commencement of the travel, (i) the travel and tourism agency is obliged to change significantly any of the principal characteristics of the travel services, (ii) or fails to meet the special requirements requested by the Traveler; (iii) or proposing to increase the price of package travel by more than 8%, the traveler may, within 20 days:
a) accept the proposed amendment;
b) Terminate the contract, without any penalty, being refunded of the amounts paid;
c) Accept an organized trip of substitution proposed by the travel agency and tourism, being refunded in case of difference of price. 11.2. Failure by the traveler to reply within the time limit fixed by the travel agency shall imply the tacit acceptance of the proposed change / cancellation of the trip with the application of the respective termination fees provided for in the above clause.
12. TERMINATION OF AGREEMENT BY THE AGENCY
12.1. When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the package if the number of participants reached is less than the minimum. In these cases, the traveler will be informed in writing of the cancellation within:
(a) 20 days before the commencement of the package, in the case of journeys lasting more than six days;
(b) 7 days before the commencement of the trip, in the case of trips lasting from two to six days;
(c) 48 hours before the commencement of the package, in the case of journeys of less than two days. 12.2. Prior to the commencement of the travel, the travel and tourism agency may also terminate the contract if it is prevented from performing the contract due to unavoidable and exceptional circumstances.
12.2. The termination of the travel contract by the agency in the above terms only grants the traveler the right to full repayment of payments made within a maximum of 14 days after termination of the travel contract
13. PRICE OF THE TRIP
13.1. Payment methods
The price of the trip should be paid as follows:
· 25% upon reservation;
· 75% up to 15 days prior to travel date;
Unless there is another payment agreement (credit) between the agency and the client. The price of the trip does not include local tourist taxes, if any, will have to be paid at the destination.
14. PRICE ALTERATION
The prices shown in the program are based on the costs of the services and exchange rates in force at the time of printing of this program and are therefore subject to changes (increase or reduction of prices) resulting from changes in transport or fuel costs, taxes, rates and exchange rate fluctuations.
If the increase in question exceeds 8% of the total price of the package, the provisions of the clause "CHANGES TO BE CARRIED OUT BY THE AGENCY" shall apply.
In case of reduction of price the travel agency and tourism reserves the right to deduct the reimbursement to make to the traveler the corresponding administrative expenses, that at the request of the traveler will be justified.
After the commencement of the trip, no refund for services not used by the Traveler due to force majeure or due cause attributable to the Traveler, unless refunded by the respective suppliers is due. Failure to provide services foreseen in the travel program due to causes attributable to the organizing agency and if it is not possible to replace them with other equivalent ones, gives the Traveler the right to be reimbursed for the difference between the price of the services provided and those actually provided.
16. TERMINATION OF THE CONTRACT BY THE TRAVELER
16.1 The traveler is free to give up the trip at all times before the start of the trip. Such termination implies that it is liable for the payment of all charges incurred in commencing the performance of the contract and its withdrawal, less redeployment of services and cost savings.
16.2. Where applicable, the Traveler shall be reimbursed for the difference between the amount paid and the amounts referred to above. In the present situation, the reimbursement will be made, less the termination fee, within a maximum of 14 days after termination of the travel contract.
16.3. The traveler is also entitled to terminate the travel contract prior to the commencement of the travel contract without paying any termination fee if there are unavoidable and exceptional circumstances at the place of destination or in its immediate vicinity that substantially affect the performance of the travel contract or the passengers to the destination. The termination of the travel contract in this situation only gives the traveler the right to full repayment of the payments made.
17.1.The travel and tourism agency is responsible for the correct execution of all the travel services included in the travel contract.
17.2. In the case of package travel, travel and tourism agencies are responsible to Travelers, even if the services are to be performed by third parties and without prejudice to the right of return, under the general terms applicable.
17.3. Organizing travel and tourism agencies respond jointly with retail agencies in case of package travel.
17.4. In other travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transportation certificates and also for the wrong choice of service providers, if these have not been suggested by the traveler.
17.5. The travel and tourism agency that acts as intermediaries in sales or reservations of services of separated travel is responsible for the errors of emission of the respective titles, even in the cases due to technical deficiencies in the systems of allocations that are imputable to them.
17.6. The travel and tourism agency shall be liable for any errors due to technical deficiencies in the reservation system attributable to it and, if it has agreed to book an organized trip or travel services which are part of related travel errors made during the booking process.
17.7. The travel and tourism agency is not responsible for errors in the reservation that are attributable to the traveler or are caused by unavoidable and exceptional circumstances.
18.1. In the event of difficulties for the traveler, or when for reasons beyond his control, he is unable to complete the package, the travel and tourism agency shall provide the following assistance: (a) provision of adequate information on health services, local authorities and consular assistance; and b) Assisting the traveler in the conduct of distance communications and finding alternative travel solutions.
18.2 If the difficulty on which the request for assistance is based has been deliberately or negligently caused by the traveler, the travel and tourism agency may charge a fee in the amount of the costs incurred by the traveler in rendering such assistance.
18.3. If, due to unavoidable and exceptional circumstances, the traveler is unable to return, the travel and tour operator is responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period of no more than three nights per traveler. The retail travel and tourism agency shall be jointly and severally liable for the obligation in question, subject to the right of recourse, in the general terms applicable.
18.4. The above cost limitation does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons requiring specific medical care, provided that the travel and tourism specific needs at least 48 hours before the start of the package.
In the event of insolvency of the travel and tourism agency, the traveler may resort to the Travel and Tourism Guarantee Fund, and must resort to Turismo de Portugal I.P entity responsible for the respective operation:
Turismo de Portugal,
I.P. Rua Ivone Silva, Lote 6,
Tel. 211 140 200 | Fax 211 140 830
20.1. The liability of the travel agency organizing this program and arising from the obligations assumed, is guaranteed by civil liability insurance in the Liberty Seguros Company, policy number 095/00932291/001, in the amount of 75,000.00 € (seventy five thousand euros) and in accordance with the legislation in force.
20.2. The liability of the travel agent who sells this program and arising from the obligations assumed, is guaranteed by civil liability insurance in Liberty Seguros, policy number 095/00932291/001, in the amount of 75,000.00 € (seventy-five thousand euros) and in accordance with the legislation in force.
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.
The prices mentioned in this program reflect the provisions of DL 221/85 of 3 July, I.V.A. in the margin.
This program is valid during the period of travel (s).
These general conditions may be supplemented by any other specific conditions, provided that they are duly agreed by the parties.
The categories of hotels and cruises presented in this brochure follow the quality standards of the host country and may be changed by similar ones when, for reasons beyond the control of the agency, it is not possible to maintain or confirm the existing reservation, and the agency is obliged to inform the Traveler as soon as he has knowledge thereof.
HOURS OF ARRIVAL OR DEPARTURE:
The departure and arrival times are indicated in the local time of the respective country and according to the schedules of the respective airlines at the date of printing of this program and may therefore be subject to change.
HOTELS / APARTMENTS:
Apartments - In case the accommodation is hired in an apartment it is the responsibility of the Traveler to inform the number of people who will occupy the apartment. If there are more people than booked, the apartments may refuse entry.
Hotels- The price shown is per person and are based on a double occupancy. Not all hotels have a triple room and, as a rule, there is an extra bed that may not be of the same quality. In rooms equipped with two beds or double, the triple can only consist of those beds.
The list of hotels and apartments contained in the programs is indicative as well as their category which meets local criteria and classifications whose criteria are sometimes different from those used in Portugal.
Unless stated otherwise, prices shown for Half Board and Full Board supplements do not include beverages.
On arrival at the hotel after 7pm the first meal service will be breakfast the next day, on the last day and unless there is a possibility of late check-out, the last service of the hotel will be breakfast.
SCHEDULE OF ENTRY AND EXIT:
The hours and entrance and exit on the first and last day, will be defined according to the first and last service.
As a rule, non-binding rooms can be used from 2 pm on the day of arrival and must be left free until 12 noon on the day of departure. In the apartments the entrance is generally verified by 5pm on the day of arrival and should be left free until 10am on the day of departure.
SPECIAL CONDITIONS FOR CHILDREN:
Given the diversity of conditions applied to children (destination and supplier) it is recommended to always question the special conditions that may be applied to the trip in question.
Standardized form for organized travel contracts if it is possible to use hyperlinks.
The proposed combination of services is an organized journey within the meaning of the legislation in force.
It will therefore benefit from all EU travel package rights.
Tropical- Travel and Tourism Agency, Lda. Is responsible for the correct execution of the whole trip.
In addition, as required by law, Tropical Travel Agency has a protection to reimburse the payments you have made and, if the transportation is included in the package, ensure your repatriation if declared (s).
More information on the main rights under the current Decree-Law and at www.turitropical.com.