General Conditions
The programme/catalogue presented is the information document in which the existing general conditions are included, forming an integral part of it and constituting, in the absence of a separate document, the travel contract.
The present contractual information is binding for the agency unless cumulatively:
• The programme expressly provides for it;
• The changes are insignificant under the terms of the law;
• The information of the change is provided to the traveller in a durable medium.
The present general conditions complies with the provisions of Decree-Law n.º 17/2018 of 08 March.
The General Conditions applicable to an Organised Trip or Related Travel Service contained in the present programme, the corresponding standardised information sheets and the particular conditions contained in the travel documentation provided to the Traveller at the time of booking, constitute the travel contract that binds the parties.
1. Organisation
The organisation of the trips included in this brochure is the responsibility of COMPASSO, Incentivos e Turismo Lda., with registered office at Av. Eng.º Adelino Amaro da Costa, 728 R/C – E 2750-277 Cascais, taxpayer n.º PT503960659, with share capital of 100.000,00, registered at the Registry of Companies of Cascais under n.º 09898, telephone +351214812150, email compasso@compasso.pt.
2. Registrations
At the time of registration, the Traveller will make the requested payment. If the enrolment takes place 21 days or less before the start of the service, the total price of the service is payable at the time of the enrolment. Payment terms may be different for some destinations or specific journeys being the information regarding those payment terms duly provided in the pre-contractual information of the said journey. COMPASSO reserves the right to cancel any booking that has not been paid for under the conditions mentioned above. The reservations are subject to the obtaining of the supplier’s confirmation of all services.
3. Information under the Law n.º 144/2015 of 8 September
In terms of the Law n.º 144/2015 of 8 September, in its current wording, we inform you that the Traveller may appeal to the following Alternative Consumer Dispute Resolution Entities:
i) The Customer Ombudsman of Travel Agencies and Tourism in www.provedorapavt.com;
ii) Portuguese Tourism Board's Arbitration Committee in www.turismodeportugal.pt;
iii) Other entities of Alternative Resolution of Consumer Disputes (ARCD) available in www.consumidor.pt lists of ARCD Entities or 707 788 787.
4. Complaints
4.1 Any non-conformity in the performance of a travel service included in the package travel contract must be reported to the travel organiser or retailer in writing or in another appropriate form as soon as such non-conformity occurs, i.e., without undue delay.
4.2 The right to make claims for price reduction or compensation for non-conformity of the services included in the package shall be expired within 2 years.
5. Luggage
5.1 The agency is responsible for the luggage in accordance with the law;
5.2 The Traveller is obliged to complain to the service provider at the time of theft, deterioration or destruction of luggage.
5.3 In international transportation, in case of damage to the luggage, the complaint must be made in writing to the carrier immediately after the damage is verified, and at the latest 7 days after delivery. In case of delay on the delivery of the luggage, the claim must be made within 21 days from the date of delivery of the luggage.
5.4 The presentation of such complaint is essential for the activation of the responsibility of COMPASSO over the entity providing the service.
6. Limits
6.1 The liability of the Agency shall be limited to the maximum amount payable by the service provider under the Montreal Convention of 28 May 1999 on International Air Carriage and the Berne Convention of 1961 on Carriage by Rail.
6.2 In regard of maritime transport, the liability of travel agencies concerning the Travellers, for the provision of transport services or accommodation, when appropriate, by maritime transport companies, in the event of damage resulting from its intent or negligence, will be limited to the following amounts:
a) € 441.436 in the event of death or personal injury;
b) € 7.881 in case of total or partial loss of luggage or its damage;
c) € 31.424 in case of loss of a motor vehicle, including 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.
6.3 When applicable, the liability of travel agencies for the deterioration, destruction and removal of luggage or other articles, in tourist accommodation establishments, while the Traveller is staying there, is limited to
a) € 1.397 globally;
b) € 449 per article;
c) The value declared by the Traveller, regarding the articles deposited in the custody of the tourist accommodation establishment.
6.4 The liability of the travel agency for non-bodily injury is contractually limited to the amount corresponding to three times the price of the service sold.
7. Reservation and amendment fees
For each reservation and change (names, dates, type of apartment or room, trip, etc.) expenses will be charged according to information provided by the travel agency at the time of booking. Please note that the acceptance of such changes is subject to acceptance by the respective suppliers.
8. Documentation
8.1 The Traveller must possess in good shape his personal or family documents (identity card, military documents, authorisation for minors, visas, vaccination certificates and other documents that may be required). The Agency declines any responsibility for refusal to grant visas or for not allowing the Traveller to enter a foreign country; the Traveller shall be liable for any costs arising from such situation.
8.2 Travelling within the European Union:
• Travellers (regardless of age) travelling within the European Union must be in possession of the respective civil identification document (Passport; ID, Citizen's Card);
• To obtain medical assistance they must be in possession of the respective European Health Insurance Card;
• Nationals of non-EU countries should consult specific information regarding the documentation required for travel with the embassies / consulates of their countries of origin.
8.3 Travel outside the European Union:
• Travellers (regardless of the age) travelling outside the European Union must be in possession of the respective civil identification document (passport) as well as visa if required (such information is obtained from the Agency at the time of booking);
• Nationals of non-EU countries should consult specific information regarding the documentation required for travel with the embassies / consulates of their countries of origin;
8.4 For non-EU nationals, specific information on the documentation required for travel is to be obtained from the embassies/consulates in the countries of origin;
9. Changes requested by the Traveller
9.1 If the providers of the trip permit to the Traveller that booked a particular trip to change his booking to another trip or to the same trip departing on a different date, or to make other possible change, the Traveller must pay the above-mentioned fees as change costs. However, when the change takes place 21 days or less before the date of departure of the trip for which the traveller is booked or if the service providers do not accept the change, he shall be subject to the expenses and charges set out in the clause "Termination of the Contract by the Traveller".
9.2 Once the trip has started, if a change in the contracted services is requested 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 brochure that motivated the contract.
10. Assignment of the Booking (Contractual Position)
10.1 The traveller may transfer his position, being substituted by another person who fulfils all the conditions required for the organised trip, provided he informs the travel agency in writing at least seven days before the scheduled departure date.
10.2 The transferor and the transferee are jointly and severally liable for the payment of the outstanding balance and for the fees, charges or additional costs arising from such transfer, which will be duly informed and certified by the travel and tourism agency.
11. Changes to be made by the Travel Agent
11.1 When, before the start of the organised trip, (i) the travel agent is obliged to alter significantly any of the main characteristics of the travel services, or (ii) is unable to meet the special requirements requested by the traveller; or (iii) proposes to increase the price of the package by more than 8%, the traveller may within 8 days:
a) accept the proposed amendment;
b) terminate the contract without penalty and be reimbursed for the amount paid;
c) accept a substitute organised trip proposed by the travel agent and be reimbursed for the difference on the price, if any.
11.2 The absence of a response from the Traveller within the period set by the travel agency will imply tacit acceptance of the proposed amendment.
12. Cancellation of the contract by the Agency
12.1 When the trip is dependent on a minimum number of participants, the Agency reserves the right to cancel the package / organised trip if the number of participants reached is less than the minimum. In such cases, the traveller will be informed in writing of the cancellation within:
(a) 20 days before the start of the organised trip, in the case of trips lasting more than six days;
(b) 7 days before the start of the organised trip for journeys lasting from two to six days;
(c) 48 hours before the beginning of the organised trip for journeys of less than two days.
12.2 Before the start of the organised trip, the travel agency may also terminate the contract if it is prevented from executing the contract due to unavoidable and exceptional circumstances.
12.3 Termination of the travel contract by the travel agency under the above terms only entitles the traveller to a full refund of payments made within a maximum period of 14 days after termination of the travel contract.
13. Price changes
13.1 The prices in the programme are based on the costs of the services and the exchange rates in force on the date of printing this programme, and are, therefore, subject to alterations (increase or reduction in price) resulting from variations in the cost of transport or fuel, taxes, fees and exchange rate fluctuations up to 20 days prior to the date of travel.
13.2 Should the increase in question exceed 8% of the total price of the package, the provisions of the clause "Amendments to be made by the agency" will apply.
13.3 In the event of a price reduction, the travel agency reserves the right to deduct from the refund to be made to the traveller the corresponding administrative expenses, which shall be justified at the traveller's request.
14. Reimbursements
Once the trip has commenced, no refund is due for services not used by the traveller due to force majeure or for reasons imputable to the traveller, except for refunds by the respective suppliers. The non-provision of services foreseen in the travel programme, for reasons imputable to the organiser and if it is not possible to replace them with equivalent ones, gives the Traveller the right to be reimbursed for the difference between the price of the services foreseen and those effectively provided.
15. Termination of the contract by the traveller
15.1 The traveller is free to withdraw from the trip at any time before the start of said trip.
15.2 Such termination implies that he will be liable to pay all the charges to which the commencement of the contract and its withdrawal gives rise, such as non-refundable supplier costs or administrative/ agency management costs, less the reallocation of services and cost savings.
15.3 Where applicable, the Traveller will be refunded the difference between the amount paid and the above amounts. In such situation, the refund will be made, less the termination fee, not later than 14 days after termination of the travel contract.
15.4 The traveller is also entitled to terminate the travel contract before the start of the trip without paying any termination fee if unavoidable and exceptional circumstances occur at the place of destination or in its immediate vicinity which considerably affect the performance of the trip or the transport of passengers to the destination. Termination of the travel contract in this situation only entitles the traveller to a full refund of the payments made.
16. Liability
16.1 The travel agency is responsible for the proper performance of all travel services included in the travel contract.
16.2 In case of organised travel, travel agencies are liable towards the travellers, even if the services are to be performed by third parties and without prejudice to the right of recourse, under the general terms applicable.
16.3 Organising travel agencies are jointly and severally liable with retail agencies, in the case of package / organised travel.
16.4 In all other travel services, the travel agency is liable for the correct issue of accommodation and transport tickets and also for the culpable choice of service providers if these have not been suggested by the traveller.
16.5 The travel agency acting as an intermediary in sales or reservations of single travel services is liable for the errors in issuing the respective tickets, even in cases arising from technical deficiencies in the reservation systems which are attributable to them.
16.6 The travel agency is liable for any errors due to technical failures in the reservation system which are attributable to it and, if it has agreed to book a package or travel services, which are part of linked travel arrangements, for errors made during the booking process.
16.7 The travel agency is not liable for booking errors which are attributable to the traveller or which are caused by unavoidable and exceptional circumstances.
17. Assistance
17.1In the event of difficulties for the Traveller, or when for reasons beyond the Traveller's control, the travel Agency will provide the following assistance:
(a) Provision of adequate information about health services, local authorities and consular assistance; and
(b) Assisting the Traveller to communicate at a distance and to find alternative travel arrangements.
17.2 Where the difficulty giving rise to the request for assistance has been caused by the Traveller deliberately or through negligence, the travel agency may charge a fee for the costs incurred in providing such assistance.
17.3 If due to unavoidable and exceptional circumstances the Traveller is unable to return, the organising travel agency is responsible for securing the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per traveller. The retail travel agent is jointly and severally liable for the obligation in question, without prejudice to the right of recourse under the general terms applicable.
17.4 The limitation of costs provided for above does not apply to persons with reduced mobility, nor to persons accompanying them, to pregnant women and unaccompanied children, nor to persons requiring specific medical care, provided that the travel agency has been notified of such specific needs at least 48 hours before the start of the organised trips.
18. Insolvency
In the event of travel agency insolvency, travellers may resort to the Travel and Tourism Guarantee Fund, by contacting Turismo de Portugal I.P., the entity responsible for activating it:
Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830
info@turismodeportugal.pt
19. Insurance
19.1The liability of the travel agency organising this programme and arising from the obligations undertaken, is guaranteed by a liability insurance with Company ZURICK, policy n.º 9054423, on the amount of € 1.000.000,00 and under the terms of the legislation in force.
19.2The Agency also offers the sale of insurance that may be purchased depending on the trip to guarantee assistance situations and cancellation costs.
20. VAT
The prices mentioned in this programme already reflect Value Added Tax.
21. Use of Decree Law n.º 17/2020 of 23th April
Cancellation of travel services / organised travel which booking has been made using vouchers issued under Decree-Law n.º 17/2020 of 23 April as a means of payment, is subject to a cancellation fee equal to the price of the service, in order to avoid simulated or fraudulent bookings made with the sole purpose of anticipating receipt of the amounts vouched for.
NOTES:
• The present general conditions may be supplemented by any other specific ones as long as duly agreed by the parties.
• The prices of the programmes are based on the average quotation of the dollar, so that any relevant derivation of this currency may imply a revision of the prices of the trip under the terms of the clause "price change".
• Due to the constant changes in fuel prices on the prices charged, the fuel supplement included in the price may be altered under the terms set out in the "price change" clause.
• The hotel and cruise categories shown in this brochure follow the quality standards of the host country. These can be changed for similar ones when, for reasons beyond the Agency's control, it is not possible to maintain or confirm the existing reservation, being the Agency obliged to inform the traveller as soon as gets aware of said situation.
22.Types of Payment
- Hipay, with an extra charge of 3% (Credit cards such as Visa, MasterCard and Maestro)
- Bank transfer
GENERAL INFORMATION:
ARRIVAL OR DEPARTURE TIMES:
Departure and arrival times are indicated in the local time of the respective country and according to the respective airline’ schedules at the date of printing of this programme and may, therefore, be subject to change.
HOTELS/APARTMENTS:
Apartments - If accommodation is hired in apartments, it is the responsibility of the Traveller to inform the number of people who will occupy the apartment. If there are more people than booked, entry may be refused.
Hotels - The prices shown are per person and based on double occupancy. Not all hotels have triple rooms and usually an extra bed is placed in the room, which may not be of equal quality. In rooms equipped with twin beds or double beds, the triple bed may consist of these beds only.
The list of hotels and flats in the apartments is indicative, as is their category, which is subject to local criteria and classifications that are sometimes different from those applied in Portugal.
MEALS:
Unless otherwise stated, the prices shown for half-board and full-board supplements do not include drinks.
On arrivals at the hotel after 7pm, the first meal service will be breakfast on the following day; on the last day of stay and except for the possibility of late check-out, the last service of the hotel will be breakfast.
ENTRY AND EXIT TIMES:
Check-in and check-out times on the first and last day, will be defined according to the first and last service. As a general rule, rooms may be used from 2pm on the day of arrival and should be left free until 12 noon on the day of departure.
Apartments may generally be checked in at 5pm on the day of arrival and must be left vacant until 10am on the day of departure.
SPECIAL CONDITIONS FOR CHILDREN:
Given the diversity of conditions applied to children (destination and provider) it is recommended to always question the special conditions that may apply to the trip in question.
TRIPS TO THE CARIBBEAN:
In recent years, a natural phenomenon called "Sargaço" has occurred frequently and can affect the quality of the beaches in some Caribbean destinations limiting, in some locations and dates, the enjoyment of these beaches.
