1.1 These General Contractual Conditions aim to establish the terms and conditions that will apply to travel service provision organized by ARGULÓGIS, LDA, a company headquartered at Avenida da República, 48 B, 6th, 1050-195 Lisbon, registered at the Commercial Registry Office of Lisbon, with a registration and tax single number 507 687 256, with Registration No. 2637, in the Portuguese Register of Travel and Tourism Agencies (RNAVT) (hereinafter referred to as AGENCY), to be added to any Private Conditions agreed between the Client and the Agency.
1.2 The terms contained in any Private Conditions, if any, will prevail over the provisions contained in these General Conditions, prevailing over both any additional written provisions specially agreed between the Client and the AGENCY.
1.3 Services and products are offered to the Client under the terms and conditions contained herein.
1.4 When contracting the AGENCY, the Client recognizes and accepts all the established terms and conditions.
1.5 The economic activity code of ARGULÓGIS, LDA. is 79110-R3 - Travel agency activity.
1.6 These general conditions comply with the provisions contained in Decree-Law 61/2011 of May 6, with the amendment that was introduced by Decree-Law 199/2012 of August 24.
2.1 When the client books and makes a reservation he must pay 100% of the total price of the purchased service.
2.2 If the trip booked by the client is a Tour Operator combined program, not subject to automatic reservation procedures, a 50% advance payment shall be made, and the remaining 50% shall be paid until 21 days before the start of the trip.
2.3 Exceptions are made when suppliers require different payment conditions, regardless of the reservation anticipation; the conditions of those suppliers prevail as special conditions. If applicable, the AGENCY shall report the amount to be paid as soon as they are informed of the price, the client being held responsible for the payment of the same in order to make the reservation.
2.4 The AGENCY reserves the right to cancel any booking which payment has not been made on the conditions referred to above.
2.5 Reservations shall be conditional upon confirmation of all services by suppliers.
3. SPECIAL CONDITIONS FOR CHILDREN:
Given the so many different conditions applied to children (destination and supplier) we recommend you to always ask for special conditions that may exist for the trip in question.
4. SERVICE RESERVATIONS
4.1 FLIGHT RESERVATION
4.1.1 The AGENCY Website offers the possibility to book flights using for that purpose the global reservation system pursuant to the law.
4.1.2 The responsibility for availability, time, type of equipment, stopovers and airport information falls entirely upon airline companies.
4.1.3 The client must, before boarding, reconfirm the flight time(s) with the airline company or with the service hotline. The AGENCY cannot be held responsible for any change in flight times by airline companies.
4.1.4 Departure and arrival times are expressed in the country’s local time zone and in accordance with the schedules of the respective airline companies.
4.1.5 Price information given by search tool is based on flight availability for that time and, at least, for 1 passenger.
4.1.6 In case of more than 1 passenger and if it is not possible to confirm the submitted rate, the client will receive an error information sent via email by the AGENCY telling that the office will get in contact.
4.1.7 The quoted prices may not include additional services as for instance meals on board, luggage, check-in, etc. The client, if he was not informed at time of reservation, should get in contact with the Website hotline.
4.1.8 The AGENCY, in order to reduce the cost of the trip to the client, may offer travel solutions that may require issue of several tickets.
4.1.9 Fares are usually restrictive and non-refundable, this information being made available before reservation.
4.1.10 Reservations are made through the AGENCY website at . A support hotline and a Web Chat service shall be made available.
4.1.11 Some airline companies have code-share services on flights operated by another carrier for certain destinations.
4.1.12 Flight tickets are subject to a contract with carriers and therefore passengers shall adhere to the specific transportation conditions contained in the respective issued ticket.
4.2. ACCOMMODATION RESERVATION
4.2.1 The AGENCY offers hotel accommodation reservation in its Website, through reservation call centers and/or direct contact.
4.2.2 Suppliers are entirely responsible for accommodation availability and rates.
4.2.3 Disclosed rates are dynamic and are subject to change if reservation is not immediately made.
4.2.4 All available accommodation typologies are offered by service providers. Any possible special requests shall be reported to service provider and cannot be ensured by the AGENCY.
4.2.5 The AGENCY, after reservation, payment and effective collection of the selected stay, shall issue a voucher which shall be sent to the client’s email address to be submitted at check-in.
4.2.6 The confirmation of a reservation through the AGENCY website is reported to the supplier in accordance with the conditions contained in the contract and, in some cases, may not be immediate, namely in cases where reservation is not for that same day.
4.2.7 Hotel units provide a description of its premises and services, being the only ones responsible for the disclosed information.
4.2.8 The accommodation group, classification and name are determined by the host country, which sometimes are different from the ones used in Portugal. The hotel and apartment list and category are merely an indication. As far as accommodation is concerned, the following private rules are as follows:
4.2.9 Times: As a rule, hotel check-in time is from 2:00 p.m., on the day of arrival and hotel check-out time is 12:00 a.m. on the day of departure. As far as apartments are concerned, check-in time is normally from 5:00 p.m., on the day of arrival and check-out time is 10:00 a.m. on the day of departure. Keys can also be picked-up within regular business hours, at reception, at the address to be indicated by the AGENCY.
4.2.10 In organized trips on a half board or full board plans, meals which coincide with hours of flight and transportation to and from the airport or while waiting for flight connections are not included. Arrivals to the hotel after 7:00m p.m., the firs meal service will be breakfast on the next day. On the last day and except in case of check-out, the last hotel service will be breakfast.
4.2.11 Except as otherwise referred to, drinks are not included in full board and/or half board plans.
4.2.12 Any specific request from the Client regarding meals will always depend on supplier confirmation and may require payment of a supplement.
4.3 OTHER SERVICES
4.3.1 The AGENCY offers multiple products that can automatically and separately be booked in its Website through its support hotline.
4.3.2 Service requests without automatic confirmation will centrally be processed and answered by email to the client.
4.3.2 The services requested only with payment (even if partial) cannot be considered reserved, so the values may change until the time of booking.
4.3.3 Acceptance of the proposal by the client shall be made in writing and requires payment of the registration amount as provided for in paragraph 2 above.
5. INFORMATION PURSUANT TO LAW NO. 144/2015, DATED SEPTEMBER 8TH
Pursuant to Law no. 144/2015, dated September 8th, we hereby inform that the Client may always apply to the following entities involved in Alternative Dispute Resolution for Consumer Disputes:
iii) or to any of the entities duly indicated in the list made available by the Directorate General of Consumers in http://www.consumidor.pt whose consultation we already advise.
Complaints can only be considered if they are sub-mitted in writing to the agency within a maximum period of 30 days after the end of the provision of services.
In case of complaint due to failure to comply with hired services the client is entitled to apply to the Travel and Tourism Guarantee Fund provided for in the terms of DL 61/2011 of May 6, submitting his complaint to the following entities and within the following deadlines:
i) To the Customer Ombudsman because ARGULÓGIS Viagens e Turismo, S.A. has adhered to the Customer Ombudsman for Travel and Tourism Agencies at www.provedorapavt.com. In order to benefit from this service, you will have to submit your complaint in writing within 20 business days after the end of the trip. Agencies are bond to timely comply with the decision issued by this entity.
ii) To Turismo de Portugal I.P at turismodeportugal.pt within 30 days after:
(a) the end of the trip; (b) trip cancellation ascribable to the agency; (c) having become aware that the trip cannot be made for any reason ascribable to the agency; (d) closing of the business.
iii) With any of the entities of the website of the Directorate General for Consumers in http://www.consumidor.pt.
7.1 The AGENCY is responsible for any luggage pursuant to the law.
7.2 The client has the obligation to submit a complaint to the service provider entity in case of deduction, deterioration or destruction of his luggage.
7.3 In international transportation, in case of damage in his luggage, the complaint shall be addressed in writing to the carrier immediately after the damage, within 7 days at the utmost from delivery of the same. If there is a delay in delivering the luggage, the complaint shall be made within 21 days as from the delivery of the same.
7.4 Submission of such a complaint is foreseen in International Conventions and is essential for the AGENCY to hold the service provider entity liable.
8.1 The AGENCY responsibility shall be limited to the maximum amount required from the service provider entity, in accordance with the Montreal Convention, dated May 28th, 1999, on International Air Transport, and with Berne Convention, dated 1961, on Railway Transport.
8.2 As far as sea transport is concerned, the responsibility of travel agencies, regarding its clients, for the provision of transport or accommodation services, when applicable, by sea transport companies, in case of damages arising from negligence or deliberate action, shall have the following limits:
8.3 When applicable, the travel and tourism responsibility for the deterioration, destruction and deduction of luggage and other item, in touristic accommodation resorts, while the client is staying there, shall have the following limits:
8.4 The AGENCY responsibility for damages other than personal injury may contractually be limited to the amount corresponding to five times the price of the sold service.
9. RESERVATION AND AMENDMENT RATES AND EXPENSES
9.1 Each service reserved through the Website is subject to a rate of service which shall be informed during the process and before the reservation request is completed.
9.2 The client, when doing the reservation, accepts the disclosed rates.
9.3 In case flights, airport rates are listed and differentiated from the cost of the flight ticket.
9.4 In some destinations, there are local, entry and departure taxes to be paid locally.
9.5 Some cities charge a touristic tax. As a rule, this amount is not included in the price of accommodation and shall be paid locally.
9.6 The amounts referred to in 9.4 and 9.5 will be informed to the client before the reservation request is completed.
10.1 The client must have his personal and family documentation valid, (identity card, military documents, minors travel authorization, visas, vaccination certificate, and others that may also be required). The agency declines any responsibility for visa denial or non-permission to enter a foreign country; any cost that the client may incur with this shall entirely be for the client’s account and risk.
10.2 Trips in the European Union:
i) Clients (regardless of their age) traveling inside the European Union must have their respective civil identification document (passport; Id; Citizen Card).
ii) In order to have medical assistance they must have the respective European Health Insurance Card.
iii) Nationals from non-community countries must consult specific information regarding the required trip documentation with embassies/consulates of the origin countries.
10.3 Trips outside the European Union:
i) Clients (regardless of their age) traveling must have their respective civil identification document (passport) as well as the visa if necessary (get this information with the AGENCY during reservation).
ii) Nationals from non-community countries must consult specific information regarding the required trip documentation with embassies/consulates of the origin countries.
10.4 Minors traveling with their parents or authorized by the latter with other adults must have their own identification document; citizen card or Identity card, passport.
10.5 Countries requiring submission of a passport, passports must be valid for at least 6 months beyond the date of departure from the destination country.
11. CHANGES BY THE CLIENT
11.1 Should suppliers of the trip in question allow, whenever a client, registered for a certain trip, wishes to change his subscription to a different trip or to the same with departure on a different date, or other possible change, shall pay a rate, plus the expenses associated with that change.
11.2 However, when the change takes place 21 days or less before the trip date of departure, which the client subscribed, or if the service suppliers refuse to accept the change, he will be subject to the expenses and charges foreseen in item “withdrawal (termination)”.
11.3 Once the trip has been initiated, if the client requests any service change due to reasons non ascribable to the AGENCY (ex. extra accommodation nights, flight changes) the prices of touristic services may not correspond to the one published in the brochure that motivated the purchase.
12. ASSIGNMENT OF THE SUBSCRIPTION (CONTRACTUAL POSITION)
12.1 The client is entitled to assign his subscription, being replaced by another person who fulfils all the required conditions for the trip, if he informs the AGENCY at least seven consecutive days in advance. In the case of cruises and long-term air travel, it will be fifteen days in advance.
12.2 The assignment of the subscription jointly holds assignee and assignor accountable for payment of the price of the trip and for any additional charges originated by the assignment.
Whenever there are other reasons that justify it, the agency may change the order of the journeys, modify the departure times or replace any of the planned hotels with others of a similar category and location, and shall inform the customer of such change, as soon as it is aware of it.
14. CANCELATION OF PROGRAMS BY THE AGENCY
Whenever the trip depends on a minimum number of participants, the AGENCY reserves the right to cancel the organized trip if the number of participants is lower than the minimum. In these cases, the client shall be informed in writing about the cancelation within 7 days prior to the travel date.
15. PRICE CHANGE (tour packages)
Constant prices are based on service costs and exchange rates in force on the date of publication, so they are subject to change arising from variations in the cost of transports or fuel, rights, taxes, rates and exchange fluctuations until 20 days prior to the travel date. In case of currency fluctuations, the calculation will be made considering the difference between the exchange rate in force at the date of publication and the date on which such change is communicated to the customer.
Once the service has been initiated, no reimbursement is due for services which were not used by the client due to reasons of force majeure or for any reason ascribable to the client, except if reimbursed by the respective suppliers. Failure to provide the services for reasons ascribable to the AGENCY, and should it be impossible to replace them for other equivalent ones, entitles the client to be reimbursed of the difference between the price of the foreseen services and the ones which were actually provided.
17. IMPOSSIBILITY OF COMPLIANCE
17.1 If, before the beginning of the trip and, for reasons not attributable to the organizing agency, it becomes unable to fulfill any essential service included in the travel program, the client is entitled to withdraw from the trip, being refunded of all amounts paid or, alternatively, accept a change and possible price change.
17.2 If, those facts not attributable to the organizing agency determine the cancellation of the trip, the client may also choose to participate in another organized trip of an equivalent price. If the proposed package replacement is of a lower price, the customer will be refunded the respective difference.
18. WITHDRAWAL (TERMINATION)
18.1 The Client, or any of his accompanying travelers, is free to withdraw from the trip at any time.
18.2 This cancellation requires that the same will be responsible for the payment of any charges associated with compliance and withdrawal from contract and a percentage that can go up to 15% of the price of the trip.
18.3 When applicable, the client can get a full refund of the difference between the amount paid and the above-mentioned amounts.
If due to a fact not attributable to the customer, the agency must cancel the package before the departure date, the customer can choose:
i) Be reimbursed of all amounts paid, or
ii) Alternatively, choose to participate in another organized trip, being reimbursed for any price difference that may exist.
Pursuant to the legislation in force, the agency’s liability is guaranteed with a civil liability insurance with the Insurance Company AGEAS, policy no. 0084.10.193375, in the amount of € 75.000,00. He also contributed to the Travel and Tourism Guarantee Fund (FGVT - DL 61/2011 of 6 May with the wording given by DL 199/2012 of 24 August).
21. PAYMENT METHODS
21.1 The AGENCY Website offers the following payment methods:
*Payments by bank transfer can only be made for some services / products. If the client wishes to use this payment method, he should contact the Support line by email or phone.
21.2 Payment for air travel on Low Cost airlines is made directly to the airline. The AGENCY only acts as an intermediary in the transaction by forwarding the customer's data to the airline. The only accepted way to pay for these services is credit card.
21.3 Payment methods are indicated according to the type of booked service and sometimes may not allow the use of the payment methods referred to in paragraph 21.1. above.
21.4 Travel documents are issued after payment and proof of payment.
21.5 The AGENCY reserves the right to cancel reservations that have not been paid within the deadlines provided or in case suspicion of fraud.
21.6 In case of suspicion of fraud with credit cards, the AGENCY may request a copy of the credit card used and a copy of the user’s identification document.
21.7 In case of a situation of fraud, services are automatically cancelled even if travel documents have already been issued or even if the trip and/or stay has already started.
21.8 Any modifications and/or changes to the receipt invoices issued according to the information entered by the passenger in the field "Billing data" will not be accepted.
22. LEGISLATION AND JURISDICTION
All disputes arising out of or in connection with the interpretation or execution of these General Conditions shall be governed by the Portuguese legislation.
The agency offers insurance that may be purchased according to the trip and to guarantee assistance situations and cancellation expenses.
24. AMENDMENTS TO GENERAL CONDITIONS
The AGENCY reserves the right to change these General Conditions at any time, and whenever necessary, informing the client accordingly before the reservation is finalized. Such change will not, however, affect reservations already made.
25. SPECIAL PROVISIONS
Should any provisions of these General Conditions become void or unenforceable, the remaining provisions shall remain in force, and therefore its global validity will not be effected except if it is possible to conclude that the parties would not have agreed in providing the service or supply of the product if they had foreseen the nullity or ineffectiveness of the provision.
Arrival or departure times
Departure and arrival times are quoted in the local time of the respective country and according to the schedules of the respective airlines on the booking date, being therefore subject to change.
For trips that include bus transport, the hours indicated are approximate times.
Unless otherwise referred, drinks are not included in the lunches and dinners foreseen in the respective travel programs (full board and/or half board plans).
Any specific request from the Client regarding meals will always depend on the supplier confirmation and may require extra payment.
In organized trips on half or full board plans, meals that coincide with flight hours, transportation to and from the airport and waiting times for flight connections are not included.
If the Client arrives to the hotel after 7 pm, the first meal service will be breakfast on the next day. On the last day, and except possibility of late check-out, the last hotel service will be breakfast.
Check-in and check-out times
The arrival and departure times on the first and last day will be defined according to the first and last service. As a rule, which is no way binding, rooms can be used from 2 pm on the day of arrival and must be left vacant before 12 pm on the day of departure.
The apartments are normally available as from 5 pm on the day of arrival and must be left vacant before 10 am on the day of departure.