Terms and conditions
This program/catalogue is the informative document in which these General Conditions are inserted, forming an integral part thereof and constituting, in the absence of a separate document, the travel contract.
This information is binding on the Agency unless: the program expressly provides for it; the changes to it are insignificant; the information on the change is provided to the traveler on a durable medium.
These general conditions comply with current legislation. The General Conditions for an Organized Trip or Related Travel Service contained in this program, the corresponding standard information sheets and the specific conditions contained in the travel documentation provided to the Traveler when booking the trip, constitute the travel contract that binds the parties.
ORGANIZATION – The organization of the trips included in this program/catalogue was carried out by Pinto Lopes Viagens, S.A., based in Porto, with a share capital of EUROS 3,000,000, taxpayer no. 503 149 950, registered at the Commercial Registry Office of Porto under no. 51069, with RNAVT no. 2070.
REGISTRATION – When registering, the Traveler will make the required payment of 30% – € 1 390,00. A new deposit of 30% (€ 1 390,00) are requested 120 days before departure and the remaining cost of the trip, according to the number of participants, must be paid until 60 days before departure. If registration takes place 59 days or less before the start of the service, the full price of the service must be paid at the time of registration.
The deadlines indicated here may change in the case of trips whose maximum capacity has been reached and have interested passengers on a waiting list.
Pinto Lopes Viagens S.A. reserves the right to cancel any registration for which payment has not been made under the above conditions. Reservations are conditional on suppliers confirming all services.
INFORMATION UNDER LAW NO. 144/2015 OF SEPTEMBER 8TH – Under the terms of Law no. 144/2015 of September 8 in its current wording, we would like to inform you that the Traveler may resort to the following Alternative Dispute Resolution Entities: – Customer Ombudsman for Travel and Tourism Agencies in www.provedorapavt.com; – Arbitration Commission of Turismo de Portugal in www.turismodeportugal.pt.
CLAIMS – Any non-conformity in the performance of a travel service included in the package travel contract must be reported to the organizing or retail travel agency in writing or other appropriate form as soon as such non-conformity occurs, i.e. without undue delay.
The right to submit claims for a price reduction or compensation for non-compliance of the travel services included in the package is time-barred within 2 years.
BAGGAGE – The Agency is responsible for baggage in accordance with the law. The Traveler is obliged to complain to the service provider when baggage is stolen, damaged or destroyed. In international transport, in the event of damage to luggage, the claim must be made in writing to the carrier immediately after verifying the damage and no later than 7 days after its delivery. In the case of a mere delay in the delivery of baggage, the claim must be made within 21 days of the date of delivery. The presentation of such a complaint will be essential grounds for triggering the liability of Pinto Lopes Viagens S.A. over the entity providing the service.
LIMITS – The Agency’s liability will be limited to the maximum amount payable to service providers under the Montreal Convention of May 28, 1999 on International Carriage by Air and the Berne Convention of 1961 on Carriage by Rail.
With regard to maritime transport, the liability of travel agencies towards their Travelers for the provision of transport services, or accommodation where appropriate, by maritime transport companies, in the event of damage resulting from their intent or negligence, shall be limited to the following amounts: a) € 441,436, in the event of death or bodily injury; b) €7,881, in the event of total or partial loss of luggage or its damage; c) € 31,424, in the event of the loss of a motor vehicle, including the luggage contained therein; d) € 10,375, in the event 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 vehicle.
Where applicable, the liability of travel and tourism agencies for the deterioration, destruction and removal of luggage or other articles in tourist accommodation establishments, while the Traveler is staying there, is limited: a) €1,397 overall; b) € 449 per article; c) The value declared by the Traveler for items deposited in the custody of the tourist accommodation establishment.
The Agency’s liability for non-bodily injury is contractually limited to the amount corresponding to three times the price of the service sold.
BOOKING AND AMENDMENT COSTS – Each booking will be charged according to the information provided by the travel agency at the time of booking. 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 at the time of booking. Acceptance of such changes depends on acceptance by the respective suppliers.
DOCUMENTATION – Travelers must have their personal or family documentation in good order (Citizen’s Card, ID Card, Passport, military documentation, authorization for minors, visas, vaccination certificates and any other documentation 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 the Traveler will be responsible for any and all costs arising from this situation.
Travel within the European Union: Travelers (regardless of age) traveling within the European Union must be in possession of the respective civil identification document (Citizen’s Card, ID Card, Passport); To obtain medical assistance, they must be in possession of the respective European Health Insurance Card; Non-EU nationals should consult specific information on the documentation required for travel with the Embassies/Consulates of the countries of origin.
Traveling outside the European Union: Travelers (regardless of age) traveling outside the European Union must be in possession of their civil identification document (Passport) as well as a visa if necessary (obtain this information from the Agency at the time of booking); nationals of non-EU countries should consult specific information on the documentation required for travel from the Embassies/Consulates of the countries of origin.
CHANGES REQUESTED BY THE TRAVELER – If the suppliers of the trip in question allow it, whenever a Traveler, registered for a particular trip, wishes to change their registration for another trip or for the same trip departing on a different date, or any other possible change, they must pay the aforementioned fee as change costs. However, when the change takes place 21 days or less before the departure date of the trip for which the Traveler is booked, or if the service providers do not accept the change, the Traveler will be subject to the costs and charges provided for in the “Termination of the Contract by the Traveler” clause.
Once the trip has begun, if a change is requested to the services contracted for reasons not attributable to the Agency (e.g. extension of the nights of stay, change of flight), the prices of the tourist services may not correspond to those published in the program/catalogue that motivated the contract.
ASSIGNMENT OF REGISTRATION (CONTRACTUAL POSITION) – The Traveler may assign his/her position, being replaced by another person who meets all the conditions required for the package, provided that he/she informs the Agency in writing no later than seven consecutive days before the scheduled departure date.
The assignor and the assignee shall be jointly and severally liable for the payment of the outstanding balance and for the fees, charges or additional costs arising from the assignment, which shall be duly informed and evidenced by the Agency.
CHANGES TO BE MADE BY THE AGENCY – Whenever, before the start of the organized trip, (i) the travel and tourism agency is obliged to significantly alter any of the main characteristics of the travel services, (ii) or fails to meet the special requirements requested by the Traveler, (iii) or proposes to increase the price of the package by more than 8%; the Traveler may, within 8 (eight) days:
a) Accept the proposed change;
b) Terminate the contract without penalty and be reimbursed for the sums paid;
c) Accept a replacement organized trip proposed by the Travel and Tourism Agency and be reimbursed in the event of a price difference.
Failure by the Traveler to respond within the time limit set by the Travel and Tourism Agency shall imply tacit acceptance of the proposed change. During the course of the trip, whenever there are external reasons that justify it, the organizing agency may change the order of the visits or modify the departure times, and must keep the client on site informed of this need.
TERMINATION OF CONTRACT BY THE AGENCY – When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the trip 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 start of the package, in the case of trips lasting more than six days; b) 7 days before the start of the package, in the case of trips lasting between two and six days; c) 48 hours before the start of the package, in the case of trips lasting less than two days. Before the start of the package, the Travel and Tourism Agency may also terminate the contract if it is prevented from executing the contract due to unavoidable and exceptional circumstances. Termination of the travel contract by the Agency under the above terms only entitles the Traveler to a full refund of the payments made within a maximum period of 14 days following the termination of the travel contract.
PRICE CHANGE – The prices in the program/catalogue are based on the costs of the services and exchange rates in force on the date of printing, and are therefore subject to changes (price increases or reductions) 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 package, the provisions of the “CHANGES TO BE MADE BY THE AGENCY” clause will apply.
In the event of a price reduction, the Travel and Tourism Agency reserves the right to deduct the corresponding administrative costs from the reimbursement to be made to the Traveler, which will be justified at the request of the Traveler.
REIMBURSEMENTS – Once the trip has begun, no reimbursement is due for services not used by the Traveler due to force majeure or for reasons attributable to the Traveler, unless reimbursed by the respective suppliers. Failure to provide the services provided for in the travel program for reasons attributable to the organizing Agency and if it is not possible to replace them with equivalent ones, entitles the Traveler to be reimbursed for the difference between the price of the services provided for and those actually provided.
TERMINATION OF THE CONTRACT BY THE TRAVELER – The Traveler is free to withdraw from the trip at any time before the start of the trip, by sending a notice of repudiation of contract by registered mail to the Pinto Lopes Viagens, S.A.
Such termination implies that he will be responsible for paying all the costs incurred by starting to perform the contract and withdrawing from it, except for the reallocation of services and cost savings.
When The Traveler cancels a travel, the tour operator is entitled to claim appropriate refund for the travel arrangements made and other relevant expenditures. Depending on the date of receipt of the notice of repudiation of contract, the following rates will be charged (in per cent of the booked overall package):
Standard cancellation fees
≥120 days before the start of the travel: 30% of the travel price;
119–90 days before the start of the travel: 50% of the travel price;
89–45 days before the start of the travel: 75% of the travel price;
44–15 days before the start of the travel: 90% of the travel price;
14 days–1 day before the start of the travel: 100% of the travel price.
Where applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts referred to above. In this situation, the refund will be made, less the cancellation fee, within a maximum of 14 days after the travel contract has been terminated. The Traveler also has the right to terminate the travel contract before the start of the trip 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 trip or the transportation of passengers to the destination. Termination of the travel contract in this situation only entitles the Traveler to a full refund of the payments made.
RESPONSIBILITY – The Travel and Tourism Agency is responsible for the correct execution of all travel services included in the travel contract.
In the case of package travel, travel and tourism agencies are liable to Travelers, even if the services are to be performed by third parties and without prejudice to the right of recourse under the applicable general terms.
Organizing travel and tourism agencies are jointly and severally liable with retail agencies in the case of package travel.
In the case of other travel services, the travel and tourism agency is responsible for the correct issue of accommodation and transport tickets and also for the culpable choice of service providers, if they were not suggested by the Traveler.
The travel and tourism agency that acts as an intermediary in sales or reservations of single travel services is responsible for errors in issuing the respective tickets, even in cases resulting from technical deficiencies in the reservation systems that are attributable to them.