Terms and Conditions

TERMS AND CONDITIONS – ONLINE SHOP

  1. Object

1.1 These General Conditions of Contract are designed to establish the terms and conditions governing the provision of travel services organized by Madeira Island Vacations, with RNAVT 7305 (hereinafter referred to as the Agency), in addition to any Special Conditions agreed between the And the Agency.

1.2. The terms set forth in the Particular Conditions, if any, shall prevail over the provisions of these General Terms and shall prevail over both any additional written provisions specially agreed between the Client and the Agency.

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

1.4. By contracting with the Agency, the Client acknowledges and accepts all the terms and conditions established.

  1. Registration

2.1. At the time of registration, the Client must deposit 40% of the price of the trip, paying the remaining 60% up to 21 days before the start of the trip.

2.2. If the registration or reservation for the trip takes place 21 days before or less than the date of departure, the total price must be paid at the time of enrollment, which is conditional upon the suppliers obtaining the confirmation of the reservations for the whole of services.

2.3. For any change to enrollment on the trip at the request of the Client, the Agency reserves the right to charge an alteration fee in accordance with the terms of item 3.1. below.

2 4. Without prejudice to the amount to be paid by the Client for the expenses to be incurred with the reservations necessary to confirm the registration and which will be added to the price of the trip, the Client is also obliged to pay all cancellation expenses, in accordance with point 8. of these General Conditions, should you give up the trip.

2.5. The Agency reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above.

  1. Reservations

3.1. Reservations, service charges, changes in reservations and other services will be applied to the value of the tables that are in force at any time, plus the amounts charged by suppliers, especially in cases of changes.

3.2. The form regarding reservation or request of the service must contain all the necessary elements for the processing of the same.

3.3. The prices referred to in 3.1. shall be due for each reservation, service or supply of goods and products, and shall be debited to the Customer upon acceptance of the reservation, request for the provision of services or supply of goods and products by the Agency.

3.4 The prices referred to in 3.1. shall not be reimbursed to the Client in case of non-use or enjoyment of the service or subject to reservation, and for any other reason not attributable to the Agency.

  1. Refunds

Once the trip has commenced, no refund will be made for any services not used by Customer. Failure to provide services provided in the travel program for causes not attributable to the Agency, if substitution by other equivalent services is not possible, gives the Client the right to be reimbursed for the difference between the price of the services provided and those actually provided, without prejudice of the provisions of number 12.4 of these General Conditions.

  1. Assignment of Registration

5.1. The Client may assign his / her registration, being replaced by another person who fulfills all the conditions required for the trip, provided that he informs the Agency in writing at least 7 days in advance and that the different service providers included in the trip accept the replacement.

5.2. The assignment of the registration jointly blames the transferor and the transferee for the payment of the price and the additional charges originated by the assignment.

  1. Withdrawals

At any time, the client may withdraw from the trip / stay by written communication, being entitled to return the amounts paid deducted from the following expenses:

6.1. Management costs that the Agency has had to obtain the reserves and also a value that can go up to fifteen percent of the price of the services in question;

6.2. Cancellation expenses not refundable by suppliers (hotels, means of transport, accompanied visits and other services);

  1. Changes

7.1. If the suppliers of the travel concerned allow, whenever a customer, 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 shall pay the fee, as expenditure. 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, he will be subject to the expenses and charges in the section “Withdrawals”.

7.2. For each change (names, dates, type of apartment or room), a service charge of € 10.00 will be charged.
7.3. After the interruption of the execution of contracts, it is not taken into account, but is not available.

  1. Claims

8.1. They can only be considered provided that they are submitted in writing within a period not exceeding 20 days after the end of the provision of services.
8.2. They can only be accepted as long as they have been participated to the providers of the services (hotels, guides, local agents, etc.) during the course of the trip or stay, requiring them the corresponding documents proving the occurrence.
8.3. Failure to submit the participation and the documents in question on a timely basis constitutes a ground for exempting the Agency from liability.
8.4. In case of a complaint for non-compliance with the contracted services, the client may also apply the guarantee provided for under current legislation, and must present the respective complaint to Turismo de Portugal I.P within 20 working days of the end of the trip.

  1. Changes

9.1. Whenever justified reasons exist, the Agency may change the conditions of the Program, such as the order of the routes, the hours of departure or replace any of the accommodation provided by others of similar category and location.
9.2. If unforeseen circumstances make it necessary to suspend travel, Customer shall always be entitled to reimbursement of the amounts paid.

  1. Impossibility of Compliance

10.1. If for reasons not attributable to the Agency it is unable to fulfill some essential service included in the travel program, the Client has the right to withdraw from the trip, being immediately reimbursed of all the amounts paid or, alternatively, to accept a change services and possible price variation.
10.2. If the above facts that are not attributable to the Agency determine the cancellation of the trip, the Customer may opt to participate in another trip accepting an amendment to the contract entered into and any variation of the price.
12.3.There is no refund for services that, although made available to Customer, Customer has chosen not to use.

  1. Program cancellations by the Agency

The agency reserves the right to cancel the package if the number of participants is less than the minimum required. In these cases, the Customer will be informed in writing at least 8 days in advance, and the Agency will be exempted from any responsibility for the cancellation.

  1. Special Conditions for Children

Due to the diversity of conditions applied to children, depending on the age, service provider and travel dates, it is recommended to always question the special conditions that may exist that, in each concrete situation, will be adequately informed.

  1. Documentation

13.1 The client must have in good order all his or her personal or family documentation (identity card, authorization for minors, passports, visas, vaccination certificate and others that may be required.) The personal certificate is not a valid document to cross Portuguese borders. The Agency declines any responsibility for the refusal of the granting of visas or non-entry to the client in a foreign country; in these cases the conditions established for the cancellation of the trip are applied, being still of the account of the client any and all cost that such situation entails.
13.2. Customers who are foreign citizens must have the necessary documentation (passport, visa, residence permit, etc.) to travel or transit within the European Union according to their nationality. For travel in whole or in part outside the European Union, visas or other special documentation may be required. Always consult the Embassy or Consulate of the destination countries of your trip.
13.3. In no case shall the Agency be liable, directly or indirectly, for refusing the granting of visas or for not allowing the client to enter any country.

7.3. After starting 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 tourist services may not correspond to those published in the brochure that motivated the hiring.

  1. Complaints

8.1. They can only be considered provided that they are submitted in writing within a period not exceeding 20 days after the end of the provision of services.

8.2. They can only be accepted as long as they have been participated to the providers of the services (hotels, guides, local agents, etc.) during the course of the trip or stay, and require the corresponding documents proving the occurrence.

8.3. Non-delivery of the participation and the documents referred to above constitutes a ground for exonerating the Agency.

8.4. In case of a complaint for non-compliance with the contracted services, the client may also apply the guarantee provided for under current legislation, and must present the respective complaint to Turismo de Portugal I.P within 20 working days of the end of the trip.

  1. Limitation of Liability

14.1. 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.

14.2. With regard to maritime transport, the liability of travel agents, in relation to their customers, for 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:

  1. a) € 441,436, in case of death or personal injury;
  2. b) € 7,881, in the event of total or partial loss of luggage or damage to it;
  3. 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;

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

14.3. 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 customer is staying there, has the following limits:

  1. a) € 1.397, overall;
  2. b) € 449 per article;
  3. c) The value declared by the client, for the articles deposited in the custody of the tourist accommodation establishment.

The agency’s liability for non-personal damages may be contractually limited to the amount corresponding to five times the price of the service sold.

  1. Food Regimes

15.1. APA (Bed and Breakfast) – Breakfast only;

15.2. MP (Half Board) – includes breakfast and dinner. Drinks are not included;

15.3. PC (Full Board) – includes breakfast, lunch and dinner. Drinks are not included;

15.4. TI (All Including) – includes breakfast, lunch, dinner, snacks and beverages such as water, juices and wine. Inclusions may be more comprehensive or restricted by destination and the hotel chain.

You should confirm with the Agency the Inclusions of the All Inclusive regime regarding your reservation.

15.5. Any specific Customer request regarding meals is always dependent on the supplier’s confirmation and may entail payment of a supplement.

17.6. Meals that coincide with flight hours, transportation to and from the airport, or waiting times are not included in the package tours on a half-board or full-board basis.

of air connections.

  1. Arrival and Departure Hours

16.1. The arrival and departure times in each city are indicated by the time of the respective country and according to the schedules of the carriers, and are therefore subject to change.

16.2. On trips that include bus transportation the indicated hours are approximate.

16.3. Delays resulting from technical or other reasons relating to means of transport, to transport undertakings or to natural causes shall be excluded.

 

  1. Accommodation and Schedule

17.1 The group, classification and designation of accommodation shall be determined by the host State. The list of hotels and apartments included in the program is indicative, as well as its category. With regard to accommodation, the following specific rules apply: – Apartments: The Client is fully responsible for the information on the number of people (adults and children) who will occupy the apartment. In the event of more people being present than those booked, accommodation providers may refuse entry. – Hotels: The prices quoted are per person and are based on double occupancy. 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 with two double beds or double beds, it is considered that, in most cases, the triple only consists of these two beds.

17.2. Hours: As a rule of thumb, rooms can usually be used from 2 pm on the day of arrival and must be left free before 12 noon on the day of departure. In the apartments, the entrance is generally verified at 5:00 pm on the day of arrival, which must be free before 10:00 am on the day of departure. The delivery of the keys is usually done within the normal hours of operation of the offices, at the reception, at a location to be indicated by the Agency.

  1. Baggage

18.1. The agency is responsible for the luggage in legal terms;

18.2. The customer is obliged to complain to the entity providing the services at the moment of subtraction, deterioration or destruction of luggage.

18.3. 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 after delivery

18.4. The filing of such a complaint will be an essential basis for triggering the responsibility of the Agency over the entity providing the service.

  1. Liability

The liability of the Agency, arising out of the obligations assumed, is guaranteed by civil liability insurance at Allianz Insurance Company, with the policy number 204482984, in the amount of Eur: € 75,000.

  1. Means of Payment

The Client may pay for the services through Visa, Mastercard, American Express or others provided that previously agreed with the Agency