1. SUBJECT MATTER
These General Contractual Conditions are intended to establish the terms and conditions governing the provision of technical travel organisation services by I GOTRAVEL (VISITA SURPRESA UNIPESSOAL, LDA) - hereinafter referred to as AGENCY -, a travel agency based in Alameda dos Oceanos Lote 31B 1990 197 Lisbon, corporate entity no. 509 029 728, with a share capital of € 5,000, registered at the Company Registration Office of Lisbon under the same number and with RNAVT no. 3835.
1.2. The terms contained in any Particular Conditions prevail over the provisions of these General Conditions prevailing over both any additional written stipulations specially agreed between the Client and the AGENCY.
1.3. These general conditions comply with the provisions of Decree-Law 17/2018 of 8 March, which establishes the regime for access and exercise of the activity of travel and tourism agencies, transposing Directive (EU) 2015/2302.
2.1. Upon registration, the customer must deposit 40% of the service price, paying the remaining 60% up to 45 days before the start of the service, unless the registration takes place 30 days or less from the service date, in which case the customer must pay the service price in full.
2.2. When services are part of the promotion scheme, the AGENCY may demand full payment upon registration.
2.3. All registrations are subject to obtaining the confirmation from suppliers of reservations for all services.
2.4. When the confirmation provided for in the previous paragraph is not obtained, the deposited money will be returned to the customer, under the same conditions as the respective settlement.
2.5. The AGENCY reserves the right to cancel any registration whose payment has not been made under the conditions prescribed in paragraphs 2.1 and 2.2 of this article.
3. DOCUMENTATION, PASSPORTS AND VISAS
3.1. The customers must have their personal or family documentation (identity card, military documentation, authorisation for minors, passports, visas, vaccination certificates and others possibly required) in good order.
3.2. The agency declines any responsibility for refusing to grant visas or for not allowing the customer to enter a foreign country, or for refusing the Boarding of a customer because he/she does not have the necessary valid documents (Citizen’s Card or Passport); in these cases, the conditions set out in point 15 "Withdrawals" apply, and any and all costs incurred by such a situation are still the responsibility of the client.
3.3. Travel in the European Union
i) Customers (regardless of age) who move within the European Union must have the respective civil identification document (passport; ID Card, Citizen’s Card);
ii) To obtain medical assistance, they must have the respective European Health Insurance Card;
iii) Nationals of non-EU countries should consult specific information regarding the necessary documentation to travel with the embassies/consulates of the countries of origin.
3.4. Travel outside the European Union:
i) Customers (regardless of age) who travel must have the respective civil identification document (passport) as well as a visa if necessary (obtain such information from the AGENCY when booking);
ii) Nationals of non-EU countries should consult specific information regarding the necessary documentation to travel with the embassies/consulates of the countries of origin.
3.5. Minors travelling together with their parents or authorised by them with other adults are required to have their own identification document; citizen’s card or identity card, passport. When travelling with a passport, they must also hold a citizen’s card.
3.6. Some countries for which a passport is required, require that the validity of the passport be longer than 6 months after the date of departure from the country of destination.
4.1. For all purposes and with regard to land transport, we understand that the user's luggage and other personal supplies are kept by him/her, whatever part of the vehicle which they are placed in, and that they are transported at the user's own risk and are the user’s own responsibility. We recommend that customers purchase luggage insurance and that they are present during all loading and unloading of luggage.
Regarding air, rail, sea or river luggage transportation, the conditions of the transport companies are applied, with the travel ticket being the document that binds the aforementioned companies and the passenger.
In the event of suffering any damage or loss, the traveller must present, at the time, a timely complaint to Companhia de Transportes. In international transport, in case of damage to luggage, the claim must be made in writing to the carrier immediately after the damage has been verified, and no more than 7 days after delivery. In case of a mere delay in the delivery of luggage, the claim must be made within 21 days from the date of delivery.
4.2. The AGENCY undertakes to provide timely assistance to customers who may be affected by any of these circumstances.
4.3. Limits of liability under the terms of article 36 of DL 17/2018 of 8 March.
The agency's liability shall be limited to the maximum amount payable to the entities providing the services, under the terms of the Montreal Convention of 28 May 1999 on International Air Transport and the Berne Convention of 1961 on Rail Transport.
4.4. With regard to maritime transport, the responsibility of travel agencies, in relation to their Travellers, for the provision of transport services or accommodation, when applicable, by maritime transport companies, in the case of damages resulting from intent or negligence of these, will be limited by the following amounts:
a) € 441,436, in case of death or personal injury;
b) € 7,881, in case of total or partial loss of luggage or damage to luggage;
c) € 31,424, in case of loss of a motor vehicle, including the luggage contained therein;
d) € 10,375, in case 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 motor vehicle.
4.5. Where applicable, the responsibility of travel and tourism agencies for the deterioration, destruction and removal of luggage or other items, in tourist accommodation establishments, while the Traveller is staying there, has the following limits:
a) € 1,397, overall;
b) € 449 per item;
c) The value declared by the Traveller, regarding the items deposited in the custody of the tourist accommodation establishment.
4.6. The agency's liability for non-bodily harm is contractually limited to an amount corresponding to three times the price of the service sold.
5. LOCAL TAXES
5.1. There are countries that charge the airport tax, hotel taxes/ city tourist taxes locally.
5.2 Payment of these taxes is the customer's responsibility, not the AGENCY's.
6. TIPS OR BONUSES
6.1. Tips are not included in the price of the trip.
6.2. In the case of cruises, the tip loses its voluntariness and, at the beginning of the cruise, the customer is warned that he/she must assume the commitment to deliver a value determined according to the duration at the end of the trip. This amount, fixed before the start of the cruise, has service personnel as its sole recipient.
7. SPECIAL CONDITIONS FOR CHILDREN
7.1. 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
7.2. Regarding stays of minors abroad, we will provide specific information for each case and which may be included in the contract or in the travel documentation delivered to the customer. We inform that the airline may request, at the airport, the document proving the child's age, as well as his/her affiliation.
8. ARRIVAL AND DEPARTURE TIME
8.1. The arrival and departure times in each city are indicated in the local time of the respective country and according to the schedules of the transport companies at the date of printing the programme, so they are subject to change.
8.2. The customer must reconfirm his/her return up to 72 hours before departure.
8.3. For trips that include bus transportation (transfer service), the times indicated are approximate.
9. FLIGHT CHECK-IN
9.1. The AGENCY declines any and all responsibility for non-diligent procedures on the part of airlines and/or customers when checking flights and booking airline seats.
9.2. It is the customer's responsibility to check-in online at least 24 hours in advance of the initial flight (when the airline allows) on the airline's website with the reservation code on the airline ticket documentation.
9.2.1. The failure to carry out this action and resulting in the loss or cancellation of flights is the responsibility of the customer. Thus, the AGENCY declines any responsibility for any damages caused by the loss or cancellation of the flight.
11. PRICE CHANGE
11.1. The prices listed in the schedule are based on the costs of services and exchange rates in force at the time of printing, so they are subject to change (increase or decrease) that results from changes in the cost of transportation or fuel, duties, taxes, rates and currency fluctuations.
11.2. If the price increase exceeds 8% of the total price of the package, the provision in point 14 “Impossibility of Performance / Changes to be made by the Agency” will apply.
11.3. In the event of a price reduction, the AGENCY reserves the right to deduct the corresponding administrative expenses from the refund to be made to the traveller, which will be justified at the request of the traveller.
12.1. Once the trip has started, no refunds are due for services not used by the customer, voluntarily or for reasons attributable to the Traveller, unless reimbursed by the respective suppliers.
12.2 In case of failure to provide services foreseen in the travel programme for reasons attributable to the AGENCY and if replacement by other equivalents is not possible, the customer is entitled to the right to be reimbursed for the difference between the price of services and those actually provided.
13.1. Any non-conformity in the execution of a travel service included in the package contract must be communicated to the AGENCY in writing as soon as such non-conformity occurs, that is, without unjustified delay and within a period not exceeding 30 days after the provision of the services.
13.2. Complaints must first be reported to service providers (hotels, guides, local agents, etc.) during the trip or stay, requiring from them the respective documents proving the occurrence, which must be attached to the complaint communicated to the AGENCY.
13.3. The right to submit claims for the purpose of price reduction or the right to compensation for non-conformity of the travel services included in the package lapses within 2 years.
13.4. In the event of a claim for non-performance of the contracted services, the customer may activate the Travel and Tourism Guarantee Fund and must submit the respective claim to the following entities within the following deadlines:
i) With the Travel and Tourism Agencies Customer Ombudsman at www.provedorapavt.com. To take advantage of this service, you must submit your complaint in writing within 20 working days after the end of the services.
ii) With Turismo de Portugal I.P at www.turismodeportugal.pt within 60 days after: (i) the end of the trip; (ii) the cancellation of the trip attributable to the AGENCY; (iii) the date of knowledge of the impossibility of its realisation due to a fact attributable to the AGENCY; (iv) the closure of the establishment.
14. IMPOSSIBILITY OF PERFORMANCE /
CHANGES TO BE MADE BY THE AGENCY
14.1. Whenever, before the start of the trip, (i) the AGENCY is obliged to significantly change any of the main characteristics of the travel services due to events that cannot be attributed to it, (ii) or it is unable to meet the special requirements requested by the customer, provided that these have been communicated in writing by the customer to the AGENCY and accepted by the AGENCY, prior to payment of the customer's registration for the trip; (iii) or proposes to increase the price of the package by more than 8%, the customer can, within a period of ???? INSERT DAYS / 24 HOURS??: a) Accept the proposed change; b) Terminate the contract, without any penalty, being reimbursed for the amounts paid; c) Accept a replacement package proposed by the AGENCY, being refunded in case of price difference.
14.2. The absence of a response from the customer within the period set by the AGENCY will imply acceptance of the proposed change.
15.1. If the customer or one of his/her companions withdraws from the trip, he/she will have to pay all the charges that the withdrawal gives rise to, and a percentage that can go up to 15% of the price of the trip (termination fee). Where applicable, the customer will be reimbursed for the difference between the amount paid and the amounts of services and cost savings.
15.2. The refund will be made, deducted from the cancellation fee, within a maximum period of 14 days after the termination of the travel contract.
15.2. Reservation and Complementary Insurance expenses contracted do not give rise to any refund.
15.3. If the customer does not comply with the legal terms with the due payment, he/she will follow the legal means of debt recovery in a judicial and legal manner.
15.4. The traveller is entitled to terminate the travel contract prior to commencement of the contract 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 its performance or the transport of passengers to the destination. The termination of the travel contract in this situation gives the traveller the right to a full refund of payments made.
16.1. The AGENCY is responsible for the correct execution of all travel services included in the travel contract.
16.2. The AGENCY is not responsible for errors in the booking that are attributable to the traveller or that are caused by unavoidable and exceptional circumstances.
17.1. Under the terms of the legislation in force, the responsibility of the travel agency listed in this programme and arising from the obligations assumed, is guaranteed by a civil liability insurance at Companhia de Seguros ALLIANZ, policy no. 201970152, in the amount of 150,000 euros.
18. Information under Law no. 144/2015 of 8 September
Pursuant to Law no. 144/2015 of 8 September, we inform that the Client may resort to the following Alternative Dispute Resolution Entities
i) Travel and Tourism Agencies Customer Ombudsman at www.provedorapavt.com.
ii) Portuguese Arbitration Committee for Tourism at www.turismodeportugal.pt;
iii) Other Alternative Dispute Resolution Entities (ADR) available at http://www.consumidor.pt, in List of ADR Entities.
19. LEGISLATION AND JURISDICTION
For all disputes arising from the interpretation or execution of these General Conditions, Portuguese law will apply.
20. CHANGES TO THE GENERAL CONDITIONS
The AGENCY reserves the right to change these General Conditions at any time and whenever necessary, informing the client of this fact and prior to making the reservation.
21. SPECIAL PROVISIONS
If any part or provision of these General Conditions is considered null or void, the remaining provisions will remain in force, without affecting its overall validity, unless it is possible to conclude that the parties would not have agreed on the provision of the service or supply of the product if the provision in question had been nullified or ineffective.