Tailor made trips
The present Organized Travel program is the information document in which the present general conditions are inserted, forming an integral part of it and which constitute, if it does not exist, the Organized Travel Contract, under the terms of art. 20 of DL no. 17/2018 of 8 March.
This information is binding on the agency, pursuant to art. 24 of DL nº 17/2018 of 8 March, unless, cumulatively:
• The program expressly provides for it;
• Changes to it are insignificant;
• The change information is provided to the traveler on a lasting basis.
The present general conditions obey the provisions of DL nº 17/2018 of March 8. The General Conditions whose object is an Organized Travel 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, and embody the travel contract that binds the parties.
i. The organization of trips included in this program / brochure is by Caravelatur Coimbra Viagens e Turismo Lda, with headquarters at Rua Dr Paulo Quintela 190-B 3030-393 Coimbra, NIPC 503 568 740, RNAVT Nº 2160, with paid-in capital € 100 000.00, registered at the Commercial Registry Office of Coimbra under No. 6222, and under Registration No., telephone 239 404 777, email Coimbra@caravelatur.pt.
The contract is constituted by the general conditions provided that it includes all the necessary information. We know and refer that some information will only be known pending the reservation process, so it cannot be included in the general conditions, but must be included in a document that is delivered to the customer - particular conditions - as the contract will only be complete when it includes all the information mandatory by law
i. When registering, the Traveler must deposit 40% of the service price, paying the remaining 60% up to 21 (twenty-one) days before the start of the service.
ii. If the registration takes place 21 (twenty-one) days or less from the date of the beginning of the service, the total price of the same must be paid at the time of registration.
iii. Caravelatur Coimbra Viagens e Turismo, Lda reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above.
iv. Reservations are subject to suppliers obtaining confirmation of all services.
ALTERNATIVE RESOLUTION ENTITIES FOR CONSUMER DISPUTES
Pursuant to Law No. 144/2015 of 8 September, in its current wording, we inform that the traveler may resort to the following Alternative Dispute Resolution Entities:
i. Arbitral Commission for Tourism of Portugal in www.turismodeportugal.pt
ii. Other Alternative Dispute Resolution Entities, included in the list made available by the consumer portal in www.consumidor.pt
iii. Travel Agencies Client Ombudsman (when the travel agency is a member of APAVT - Portuguese Association of Travel and Tourism Agencies) in www.provedorapavt.com
i. Any non-conformity in the performance of a service included in the package travel contract must be communicated to the organizing travel agency or retailer in writing or in another appropriate way as soon as such non-compliance occurs, that is, without undue delay, under the terms of article 28 nº 1 of DL nº17 / 2018 of 8 March.
ii. The right to submit claims for the purpose of price reduction or the right to compensation for the lack of conformity of the travel services included in the package travel expires within 2 (two) years, pursuant to article 28 no. 5 of DL no. 17 / 2018 of March 8.
i. The agency is responsible for the Traveler's baggage under legal terms;
ii. The Traveler is obliged to complain to the service provider at the time of subtraction, deterioration or destruction of baggage.
iii. In international transport, in case of damage to the luggage, the claim must be made in writing to the carrier immediately after the damage has been verified, and at most 7 (seven) days after its delivery. In case of a mere delay in the delivery of luggage, the claim must be made within 21 (twenty one) days from the date of delivery.
iv. The filing of such a complaint will be an essential basis for triggering the liability of Caravelatur Coimbra Viagens e Turismo, Lda over the entity providing the service.
LIMITATIONS OF LIABILITY
i. The agency's liability will 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.
ii. With regard to maritime transport, the responsibility of travel agencies, in relation to their Travelers, 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 have, under the terms of article 36. no. 2 of DL no. 17/2018 of 8 March, as limits the following amounts:
a) € 441,436 (four hundred and forty-one thousand four hundred and thirty-six euros), in case of death or bodily injury;
b) € 7,881 (seven thousand eight hundred and eighty-one euros), in case of total or partial loss of luggage or damage;
c) € 31,424 (thirty-one thousand four hundred and forty-four), in the event of loss of a motor vehicle, including the luggage contained therein;
d) € 10,375 (ten thousand three hundred and seventy-five euros), in case of loss of luggage, accompanied or not, contained in a motor vehicle;
e) € 1,097 (one thousand and ninety-seven euros), for damage to luggage, as a result of damage to the motor vehicle.
iii. When it exists, the responsibility of travel and tourism agencies for the deterioration, destruction and subtraction of luggage or other items, in tourist accommodation establishments, while the Traveler is staying there has, pursuant to article 36. No. 3 of the DL 17/2018 of 8 March, as limits:
a) € 1,397.00 (one thousand three hundred and ninety-seven euros), globally;
b) € 449.00 (four hundred and forty-nine euros) per item;
c) The value declared by the Traveler, regarding the items deposited in the custody of the tourist accommodation establishment.
iv. The agency's liability for non-bodily harm is contractually limited to an amount corresponding to three times the price of the service sold.
i. The Traveler must have all valid personal or family documentation:
• Citizen Card.
• Authorization for minors (when necessary)
• Visa (when needed)
• Vaccine certificate (When necessary)
• And others that may be required
• The agency declines any responsibility for refusing to grant visas or not allowing the Traveler to enter a foreign country; any and all costs incurred by such a situation are still incurred by the Traveler.
ii. Travel within the European Union:
Travelers (regardless of age) traveling within the European Union must have the respective civil identification document (Passport, Citizen Card);
To obtain medical assistance, they must have the respective European Health Insurance Card;
Nationals from non-EU countries should consult specific information regarding the necessary documentation to travel with the embassies / consulates of the countries of origin.
iii. Travel outside the European Union:
Travelers (regardless of age) traveling outside the European Union must be in possession of the respective civil identification document (passport) as well as the visa if necessary (obtain this information from the agency at the time of booking);
Nationals from non-EU countries should consult specific information regarding the necessary documentation to travel with the embassies / consulates of the countries of origin.
RESERVATION AND AMENDMENT EXPENSES
i. For each reservation, the following amounts will be charged under the concept of Reserve Expenses:
Portugal: € 50
Other countries: € 50
ii. Change Expenses:
For each change (names, dates, type of apartment or room, trip, etc.): € 50.
The acceptance of such changes depends on acceptance by the respective suppliers.
CHANGES REQUESTED BY THE TRAVELER
i. If the suppliers of the trip in question allow, whenever a Traveler, registered for a specific trip, wishes to change his enrollment to another trip or for the same departing on a different date, or any other change, he must pay the above fee , as modification expenses. However, when the change takes place 21 (twenty-one) days or less in advance of the departure date of the trip, for which the
Traveler is enrolled, or if service providers do not accept the change, subject to the expenses and charges provided for in the “Traveler's Termination of Contract” clause.
ii. After the trip has started, if requested to change the contracted services for reasons not attributable to the agency (eg extension of nights, change of flight) the prices of tourist services may not correspond to those published in the brochure that motivated the hiring.
CHANGES TO BE MADE BY THE AGENCY
i. Whenever, before the start of the organized trip,
(i) the travel and tourism agency is required to significantly alter any of the main characteristics of travel services,
(ii) or is unable to meet the special requirements requested by the Traveler;
(iii) or proposes to increase the price of the organized trip by more than 8%, the traveler can, within 02 (two) days:
a) Accept the proposed amendment;
b) Terminate the contract, without any penalty, being reimbursed for the amounts paid;
c) Accept a replacement package proposed by the travel and tourism agency, being refunded in case of price difference.
ii. The lack of response by the traveler within the period set by the travel and tourism agency will imply tacit acceptance of the proposed change / cancellation of the trip with the application of the respective termination fees provided for in the clause (“TERMINATION OF THE TRAVEL AGREEMENT BY THE TRAVELER” )
ASSIGNMENT OF THE CONTRACTUAL POSITION
i. The Traveler may, under the terms of article 22 no. 1 of DL no. 17/2018 of 8 March, give up his position, making himself replaced by another person who fulfills all the conditions required for the organized trip, provided to inform the travel and tourism agency, in writing, up to seven days in a row before the scheduled departure date.
ii. The assignor and assignee, pursuant to article 22. No. 2 of DL no. 17/2018 of 8 March, 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 confirmed by the travel and tourism agency.
TERMINATION OF THE TRAVEL CONTRACT ORGANIZED BY THE AGENCY
i. 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:
a) 20 (twenty) days before the start of the organized trip, in the case of trips lasting more than six days;
b) 7 (seven) days before the start of the organized trip, in the case of trips lasting two to six days;
c) 48 (forty-eight) hours before the start of the organized trip, in the case of trips lasting less than two days.
ii. Before the start of the organized trip, the travel and tourism agency may also terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances.
iii. The termination of the travel contract by the agency under the aforementioned terms only gives the traveler the right to a full refund of payments made within a maximum period of 14 (fourteen) days after the termination of the travel contract, under the terms of article 27 no. 5 of DL no. 17/2018 of 8 March.
Once the trip has started, no refunds are due for services not used by the Traveler for reasons of force majeure or for reasons attributable to the Traveler, unless refunded by the respective suppliers. Failure to provide services foreseen in the travel program for reasons attributable to the organizing agency, and if replacement by other equivalents is not possible, gives the Traveler the right to be reimbursed for the difference between the price of the services provided and that actually provided.
i. The prices contained in the program are based on the costs of services and exchange rates in force at the date of creation / printing of this program, so they are subject to changes (price increase or reduction), pursuant to article 29 of DL no. 17/2018 of 8 March, which result from variations in the cost of transportation or fuel, taxes, fees and currency fluctuations up to 20 (twenty) days before the travel date.
ii. If the increase in question exceeds 8% (eight percent) of the total price of the package, the provision in the clause “CHANGES TO BE MADE BY THE AGENCY” will apply.
iii. In the event of a price reduction, the travel and tourism agency reserves the right to deduct from the refund to be made to the traveler the corresponding administrative expenses, which at the request of the traveler will be justified.
TERMINATION OF TRAVEL CONTRACT BY TRAVELER
i. The traveler can terminate the travel contract at any time before the trip begins, under the terms of article 25. nº 1 of DL nº 17/2018 of 8 March.
ii. In the event of termination of the contract under the terms of the preceding paragraph, pursuant to article 25. No. 2 of DL No. 17/2018 of 8 March, the traveler will pay a termination fee under the following terms:
a) (to be defined depending on the date of termination in advance, the cost and revenue savings resulting from the reallocation of travel services).
iii. Such termination implies that he is responsible for the payment of all charges to which the beginning of the performance of the contract and its withdrawal give rise, less the reallocation of services and cost savings.
iv. Where applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts mentioned above. In the present situation, reimbursement will be made, deducted from the termination fee, within a maximum period of 14 (fourteen) days after the termination of the travel contract, under the terms of article 25. nº7 of DL nº 17/2018 of 8 March.
v. The Traveler is also entitled to terminate the travel contract before it starts 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 realization of the same or the transport of passengers to the destination, under the terms of article 25. no. 4 of DL no. 17/2018 of 8 March.
saw. The termination of the travel contract under the aforementioned terms, only gives the traveler the right to a full refund of the payments made, pursuant to article 25. No. 5 of DL no. 17/2018 of 8 March.
ASSISTANCE TO TRAVELERS
i. In the event of difficulties for the Traveler, or when for reasons not attributable to him, he cannot finish the organized trip, the travel and tourism agency is obliged to assist him, namely:
a) Providing adequate information about health services, local authorities and consular assistance; and
b) Assisting the traveler in carrying out remote communications and finding alternative travel solutions.
ii. The travel and tourism agency may charge a fee in the amount of the costs incurred due to the provision of such assistance, in case the difficulty underlying the request for assistance was caused by the traveler deliberately or through negligence, but cannot, however, exceed the costs actually incurred by the agency.
iii. 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 traveler.
iv. The retail travel and tourism agency is jointly and severally liable for the obligation in question, without prejudice to the right of recourse, under the applicable general terms.
v. The cost limitation provided for above does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons
who require specific medical care, provided the travel and tourism agency has been notified of these specific needs at least 48 hours before the start of the package.
RESPONSIBILITY OF THE TRAVEL AGENCY
i. The travel and tourism agency is responsible for the correct execution of all travel services included in the travel contract.
ii. When it comes to organized trips, travel and tourism agencies are responsible to Travelers, even though the services must be performed by third parties and without prejudice to the right of return, under the applicable general terms.
iii. Organizing travel and tourism agencies respond jointly with retail agencies in the case of package travel.
iv. In the remaining travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transport tickets and for the culpable choice of service providers, if these have not been suggested by the traveler.
v. The travel and tourism agency that intervenes as an intermediary in sales or reservations of individual travel services is responsible for errors in the issuance of the respective titles, even in cases resulting from technical deficiencies in the reservation systems attributable to them vi. The travel and tourism agency is responsible for any errors due to technical deficiencies in the reservation system attributable to it and, if it has accepted to proceed with the booking of an organized trip or travel services that are part of related travel services, by mistakes made during the booking process.
vii. 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.
In the event of insolvency of the travel and tourism agency, the traveler may resort to the Travel and Tourism Guarantee Fund, for which purpose he must resort to Turismo de Portugal I.P., the entity responsible for the respective activation: Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830 E-mail: firstname.lastname@example.org
i. The liability of the travel agency organizing this program and arising from the assumed obligations, is guaranteed by civil liability insurance at Companhia Fidelidade, policy No. RC64076413, in the amount of € 75 000.00 and under the terms of the legislation in force.
ii. The liability of the travel agency selling this program and arising from the assumed obligations, is guaranteed by civil liability insurance at Companhia Fidelidade, policy No. RC64076413, in the amount of € 75 000.00 and under the terms of the legislation in force.
iii. The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance and cancellation expenses.
The prices mentioned in this program reflect the provisions of DL 221/85 of 3 July, I. V. A. on the margin.