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General Conditions – Gustavo & Andreia 2

The present program is the information document in which the present general conditions are inserted, forming an integral part of it and which, in the absence of a separate document, the travel contract,

This information is binding on the agency unless cumulatively:

  • The program expressly provides for it;
  • Changes thereto are insignificant;
  • The change information is provided to the traveler on a durable medium;

These general conditions comply with the provisions of Decree-Law No. 17/2018 of March 8th.

The General Conditions whose object is an Organized Trip or Related Travel Service included in this program, 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
  1. These General Contractual Conditions are intended to establish the terms and conditions governing the provision of travel services organized and marketed by Gustavo & Andreia 2 – Agência de Viagens e Turismo, Lda , headquartered at Avenida Arriaga nº 30 – 3º Andar, POBOX 8 – 9001-901 Funchal, registered at the Commercial Registry Office of Funchal, with the single registration and corporate number 511 013 094, with paid-up capital € 613,521.42, with Registration No. 3663, at the National Register of Travel and Tourism Agents (RNAVT), telephone 291 208 900, email info@travel-to-madeira.com, hereinafter referred to as AGENCY, in addition to any Particular Conditions agreed between the TRAVELER and the AGENCY;
  1. REGISTRATIONS
  1. In the act of Enrollment and Reservation, the TRAVELER must provide all the correct and necessary elements for the processing of the reservation. These data will be treated in accordance with the AGENCY ‘s privacy and data protection policy;
  2. Upon registration, the Traveler will make the requested payment. If registration takes place 21 days or less before the start of the service, the total price of the service must be paid at the time of registration. The AGENCY reserves the right to cancel any registration for which payment has not been made under the aforementioned conditions. Reservations are subject to the suppliers obtaining confirmation of all services;
  3. Reservations, service fees, changes to reservations and other services will be subject to the value shown in the tables in force at any given time, plus the amounts charged by suppliers, namely in cases of changes; The TRAVELER, when making the reservation, accepts the rates mentioned therein;
  1. INFORMATION UNDER LAW NO. 144/2015 OF SEPTEMBER 8

Pursuant to Law No. 144/2015 of September 8, in its current wording, we inform you that the Traveler may resort to the following Alternative Dispute Resolution Entities:

  1. i) Customer Ombudsman of Travel and Tourism Agencies in suporteapavt.com ;

ii ) Turismo de Portugal Arbitration Committee at www.turismodeportugal.pt ;

  • CLAIMS
    1. Any non-compliance in the performance of a travel service included in the package travel contract must be communicated to the organizing travel agency or retailer in writing or in another appropriate form as soon as such non-compliance occurs, i.e. without undue delay.
    2. The right to file claims for price reductions or the right to compensation for non-compliance of the travel services included in the package trip expires within 2 years.
  1. BAGGAGE
    1. The agency is responsible for the luggage in the legal terms;
    2. The Traveler is obliged to complain to the entity providing the services at the time of removal, deterioration or destruction of luggage;
    3. In international transport, in case of damage to the luggage, the claim must be made in writing to the carrier immediately after verification of the damage, and no later than 7 days after delivery. In the event of a mere delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery of the same;
    4. The presentation of such a claim will be an essential basis for triggering the liability of the travel agency on the entity providing the service.
  2. LIMITS
    1. The agency’s liability will be limited to the maximum amount required from the entities providing the services, under the terms of the Montreal Convention of 28 May 1999 on International Transport by Air and the Berne Convention of 1961 on Rail Transport.
    2. With regard to maritime transport, the liability of travel agencies, in relation to their Travelers, for the provision of transport services, or accommodation, when applicable, by maritime transport companies, in the event of damages resulting from willful misconduct or negligence of these , will be limited to the following amounts:
  1. a) €441,436, in the event of death or personal injury;
  2. b) €7,881, in case of total or partial loss of luggage or damage to it;
  3. c) €31,424, in case of loss of a motor vehicle, including the luggage it contains;
  4. d) €10,375, in case of loss of luggage, accompanied or not, contained in a motor vehicle;
  5. e) €1,097 for damage to luggage as a result of damage to the motor vehicle.
  1. When applicable, the liability of travel and tourism agencies for the deterioration, destruction and removal of luggage or other items in tourist accommodation establishments, while the Traveler is staying there, has the following limits:
  1. a) €1,397 globally;
  2. b) €449 per article;
  3. c) The value declared by the Traveler, regarding the articles deposited in the custody of the tourist accommodation establishment.

 

  1. The agency’s liability for non-bodily damages is contractually limited to the amount corresponding to three times the price of the service sold.
  1. BOOKING AND AMENDMENT EXPENSES
    1. For each reservation, expenses will be charged according to 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 at the time of booking. Acceptance of such changes depends on acceptance by the respective suppliers.
    2. The change of travel services / package trips whose reservation has been made using the voucher issued under Decree-Law no. law, is subject to a termination fee equal to the price of the service or another that may be indicated by the service providers and will only be made by prior agreement between the parties.
  2. PAYMENT METHODS
  • Online Payments – Credit Card
  • Cash
  • Bank transfer
  • checks
  • ATM
  • Pre-purchased products (Traveler’s Check, etc.)
  1. Payment methods will be agreed in advance with the AGENCY depending on the type of service booked, the time of booking and/or the supplier’s requirements;
  2. Payment for services using pre-purchased products such as traveler’s checks and others is not possible automatically and requires the presentation of original documents;
  3. The AGENCY reserves the right to cancel reservations that have not been paid within the indicated deadlines or in case of suspicion of fraud;
  4. In case of suspicion of fraud with the use of credit cards, the AGENCY may request the delivery of a copy of the card used and a copy of the identification document;
  5. In the event of a fraud situation, the services are automatically canceled, regardless of whether the travel documents are issued or even the trip and/or stay has already started;
  6. Travel documents are issued after payment and verification of good collection.
  1. DOCUMENTATION
    1. The Traveler must have their personal or family documentation in good order (identity card, military documentation, authorization for minors, visas, vaccination certificate and others that may be required). The agency declines any responsibility for the refusal to grant visas or the non-permission of entry to the Traveler in a foreign country; The Traveler is also responsible for any and all costs that such situation may entail.
    2. Travel in the European Union:
  • Travelers (regardless of age) who travel within the European Union must be in possession of the respective civil identification document (Passport; BI, Citizen’s Card);
  • In order to obtain medical assistance, they must have the respective European Health Insurance Card;
  • Nationals of non-Community countries should consult specific information regarding the documentation required to carry out the trip at the embassies/consulates of the countries of origin;
  1. Travel outside the European Union:
  • Travelers (regardless of age) who travel 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-Community countries should consult specific information regarding the documentation required to carry out the trip at the embassies/consulates of the countries of origin;
  1. CHANGES REQUESTED BY THE TRAVELER
    1. If the providers of the trip in question allow, whenever a Traveler, registered for a particular trip, wishes to change his registration for another trip or for the same one departing on a different date, or any other possible change, he must pay the aforementioned fee. , such as alteration expenses. However, when the change takes place 21 days or less in advance of the date of departure of the trip, for which the Traveler is registered, or if the service providers do not accept the change, it is subject to the expenses and charges foreseen. in the clause “Termination of the Contract by the Traveler”.
    2. After starting the trip, if requested to change the services contracted for reasons not attributable to the agency (eg extension of nights of stay, change of flight) the prices of tourist services may not correspond to those published in the brochure that motivated the contract.
  2. ASSIGNMENT OF REGISTRATION (CONTRACTUAL POSITION)
    1. The traveler may give up his position, being replaced by another person who fulfills all the conditions required for the organized trip, provided that he informs the travel and tourism agency, in writing, up to seven consecutive days before the date scheduled for the match.
    2. The assignor and the assignee are jointly and severally liable for the payment of 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.
  3. CHANGES TO BE MADE BY THE AGENCY
    1. Whenever, before the start of the package trip, (i) the travel and tourism agency is obliged to significantly change some of the main characteristics of the travel services, ( ii ) or is unable to meet the special requirements requested by the Traveler; ( iii ) or propose to increase the price of the package trip by more than 8%, the traveler may, within 20 days:
  1. a) Accept the proposed change;
  2. b) Terminate the contract, without any penalty, being refunded the amounts paid;
  3. c) Accept a replacement package trip proposed by the travel and tourism agency, being refunded in case of price difference.
  1. The absence of a response from the traveler within the period set by the travel and tourism agency will imply the tacit acceptance of the proposed change / the cancellation of the trip with the application of the respective termination fees provided for in the above clause.
  1. TERMINATION OF CONTRACT BY THE AGENCY
    1. When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the organized 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:
  1. a) 20 days before the start of the package trip, in the case of trips lasting more than six days;
  2. b) 7 days before the start of the package trip, in the case of trips lasting from two to six days;
  3. c) 48 hours before the start of the package trip, in the case of trips lasting less than two days.
  1. Before the start of the package trip, the travel and tourism agency may also terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances.
  2. Termination of the travel contract by the agency under the terms mentioned above only entitles the traveler to a full refund of payments made within a maximum period of 14 days after termination of the travel contract.
  1. CHANGE IN PRICE
    1. The prices included in the program are based on the costs of services and exchange rates in force at the time of printing of this program, therefore they are subject to changes (price increase or decrease) resulting from variations in the cost of transport or fuel, taxes, exchange rates and fluctuations, up to 20 days before the date of travel.
    2. If the increase in question exceeds 8% of the total price of the package trip, the provisions of the clause “ AMENDMENTS TO BE MADE BY THE AGENCY ” will apply.
    3. In case of price reduction, the travel and tourism agency reserves the right to deduct the corresponding administrative expenses from the reimbursement to be made to the traveler, which will be justified at the request of the traveller.
  2. REFUNDS
    1. Once the trip has started, no refund is due for services not used by the Traveler for reasons of force majeure or for reasons attributable to the Traveler, except for reimbursement by the respective suppliers. Failure to provide services provided for in the travel program for reasons attributable to the organizing agency and if it is not possible to replace them with other equivalents, entitles the Traveler to be reimbursed for the difference between the price of the services provided and those actually provided.
  3. TERMINATION OF THE CONTRACT BY THE TRAVELER
    1. The traveler is free to withdraw from the trip at any time before the trip begins. Such termination implies that it is responsible for the payment of all charges that the beginning of the performance of the contract and its withdrawal give rise to, namely management expenses, cancellation expenses and expenses with air tickets. minus the redeployment of services and cost savings.
    2. Where applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts referred to above. In the present situation, the refund will be made, deducting the termination fee, within a maximum period of 14 days after the termination of the travel contract.
    3. The traveler is also entitled to terminate the travel contract before the commencement of the same 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 same or the transport of the passengers. passengers to the destination. Termination of the travel contract in this situation only entitles the traveler to a full refund of payments made.
    4. The cancellation of travel services / organized trips whose reservation has been made using the voucher issued under Decree-Law no . law, is subject to a termination fee equal to the price of the service, in order to avoid simulated or fraudulent reservations made only with the intention of anticipating the receipt of the amounts entitled by the voucher.
  4. RESPONSIBILITY
    1. The travel and tourism agency is responsible for the correct execution of all travel services included in the travel contract.
    2. In the case of package 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 terms applicable.
    3. Organizing travel and tourism agencies are jointly and severally liable with retail agencies in the case of organized trips.
    4. In other travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transport tickets and also for the faulty choice of service providers, if these have not been suggested by the traveller.
    5. The travel and tourism agency that intervenes as intermediaries in sales or reservations of separate travel services is responsible for errors in issuing the respective tickets, even in cases arising from technical deficiencies in the reservation systems attributable to them.
    6. The travel and tourism agency is responsible for any errors due to technical deficiencies in the booking system attributable to it and, if it has accepted to book an organized trip or travel services that form part of related travel services, by mistakes made during the booking process.
    7. The travel and tourism agency is not responsible for errors in the booking that are attributable to the traveler or that are caused by unavoidable and exceptional circumstances.
  5. ASSISTANCE
    1. In case of difficulties for the traveller, or when, for reasons not attributable to him, he cannot complete the package trip, the travel and tourism agency will provide the following assistance:
  1. a) Availability of adequate information on health services, local authorities and consular assistance; and
  2. b) Assistance to the traveler in carrying out communications at a distance and in finding alternative travel solutions.
  1. If the difficulty underlying the request for assistance has been caused by the traveler deliberately or through negligence, the travel and tourism agency may charge a fee in the amount of the costs incurred as a result of providing such assistance.
  2. If, due to unavoidable and exceptional circumstances, the traveler is unable to return, the organizing travel and tourism agency is responsible for ensuring the necessary accommodation costs, if possible of an equivalent category, for a period not exceeding three nights per traveller. The retail travel and tourism agency is jointly and severally liable for the obligation in question, without prejudice to the right of return, under the general terms applicable.
  3. The cost limitation provided for above does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons in need of specific medical care, provided that the travel and tourism agency has been notified of these specific needs at least 48 hours before the start of the package tour.
  1. INSOLVENCY

In the event of insolvency of the travel and tourism agency, the traveler may appeal to the Travel and Tourism Guarantee Fund, and for this purpose the traveler must resort to Turismo de Portugal IP, the entity responsible for the respective activation:

Turismo de Portugal, IP

Rua Ivone Silva, Lote 6, 1050-124 Lisbon

Tel. 211 140 200 | Fax. 211 140 830

info@turismodeportugal.pt

  1. INSURANCE
    1. The liability of the travel agency selling this program and arising from the obligations assumed, is guaranteed by a civil liability insurance in the amount of €75,000.00 at Companhia de Seguros Tranquilidade, Policy No. 0004512799 and in accordance with the legislation in force.
    2. The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
  2. VAT

The prices mentioned in this program reflect the provisions of DL 221/85 of 3 July , IVA at the margin.

  1. VALIDITY

This program is valid for the duration of the trip(s).

GRADES:

  • These general conditions may be complemented by any other specific ones as long as they are duly agreed by the parties.
  • The categories of hotels and cruises presented follow the quality standards of the host country, and they may be changed by similar ones when, for reasons beyond the agency’s control, it is not possible to maintain or confirm the existing reservation, the agency being obliged to inform the Traveler as soon as you become aware of it.

GENERAL INFORMATION

 

  • TRAVEL DOCUMENTS
  • The issuance of travel documents (airline tickets and vouchers) by the AGENCY is subject to contractual conditions for group travel, so they cannot be issued far in advance of the departure date. Under exceptional conditions imposed by suppliers, emissions may have to be anticipated.
  1. SPECIAL CONDITIONS FOR CHILDREN
    1. Given the diversity of treatment applied to children, depending on their age, by the service provider and the date of travel, we recommend that you always consult the scope of the special conditions that exist and that at any time you will be subject to concrete and detailed information and placed in the contract or travel documentation;
    2. In general, special conditions for children will apply whenever the child shares a room with two adults;
    3. Regarding trips and/or stays of minors abroad, we will provide specific information for each case and that may be included in the contract or in the travel documentation.
  2. ARRIVAL AND DEPARTURE TIMES

Arrival and departure times in each city are indicated in the local time of the respective country and in accordance with the timetables of the transport companies at the time the programs were printed, and are therefore subject to change. For trips made entirely or partially by bus, the times are approximate. In all means of transport, exceptions are made for delays resulting from technical or other reasons related either to the means of transport themselves or to the transport companies or motivated by natural causes.

  1. AIR TRAVEL

For air travel, the presentation at the airport will be made at least two hours before the official departure time and in any case the specific recommendations indicated in the travel documentation will be strictly followed.

  1. HOTELS/APARTMENTS
    1. With regard to Accommodation, the following particular rules apply:
      1.  Apartments: It is the responsibility of the TRAVELER to inform the number of people (adults and children) who will occupy the apartment. If more people show up than those booked, those responsible for the accommodation may refuse entry.
      2. Hotels: Prices shown may be per room or per person based on a double room occupancy, unless another room type is specified. 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.
    2. As a rule of thumb, rooms can be used from 14:00 on the day of arrival and must be left free by 12:00 on the day of departure. The AGENCY will provide specific information for each case in the booking information or travel documentation;
    3. In some cases there is the possibility of providing cribs, which must be requested by TRAVELERS at the time of registration / reservation and which, unless mentioned, are not included in the price;
    4. Likewise, you should consult the AGENCY, when making the reservation, about the possibility of bringing animals , to ensure that they are admitted to the hotels and apartments;
  2. TYPE OF FOOD REGIME

SA – Accommodation only;

APA – Accommodation and breakfast;

MP – Half Board – includes breakfast and dinner; drinks are not included;

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

TI – all inclusive – includes breakfast, lunch, dinner, snacks and drinks such as water, juices and wine. Inclusions may be more comprehensive or restricted by destination and hotel chain. You must confirm with the AGENCY the inclusions of the All Inclusive regime regarding your reservation.

  1. MEALS
    1. Unless otherwise stated, the prices shown for the MP – Half Board and PC – Full Board supplements do not include drinks;
    2. Any specific request from the TRAVELER regarding meals is always subject to confirmation from the supplier and may involve the payment of a supplement.
    3. For stays on half board or full board, meals that coincide with flight times, transport to and from the airport and waiting for air connections are not included. Upon arrival at the hotel after 19:00, the first meal service will be breakfast the next day. On the last day, unless there is a possibility of late check-out, the last service of the hotel will be breakfast.
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