Terms and conditions page

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Terms and conditions

About Portgall.com

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Welcome to the PORTGALL website. The content and infrastructure of this site, as well as the online touristic experience reservation service, are owned, operated, rendered and provided by Portgall.com, which is a private limited incorporated company, under the laws of Portugal and liable for the touristic experiences referred above. PORTGALL office is located at Rua das Flores 69, 1º Piso, 4050-265 Porto, Portugal. PORTGALL is registered with the trade register of the Chamber of Commerce of Vila Nova de Gaia, under the registration number 510658130. Our VAT registration number is 4/2014.

In order to use our website, you must accept our Terms and Conditions. They are important and contain many legal disclosures that you should read carefully, including terms of sale applied when you buy something from PORTGALL Turismo Experiencial, LDA through the website or mobile applications, and also the terms specifying permissible uses of the website.

Acceptance of Terms and Conditions

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PORTGALL – Turismo Experiencial, LDA. (“Portgall” or “we” or “our”) operates this website, http://www.portgall.com, or any other application, including mobile one, through any mean (from now on designated in a general way as “Site” in this document of Terms and Conditions). By using our Site and PORTGALL’s services through the Site, you (“you” or “End User” or “he”) accept these Terms and Conditions, as well as our Privacy Statement and other rules governing the use of the website and the contracting of services offered by PORTGALL. The term “using” includes any person or entity that accesses, uses and registers on the site. The terms and conditions herein become the exclusive and binding agreement. If you do not accept the terms of this agreement, stop immediately accessing the site and do not use any Portgall service or purchase any product offered through the site.

In the registration process, the user should indicate whether he accepts these Terms and Conditions, as well as the Privacy Policy in force.

To do so, please read the contents of such terms in detail, as they contain important information about your rights, how we treat and obtain your personal data and the rules governing the relationship and the link between PORTGALL and the users.

Your access to this website and the use of it constitutes your agreement and acceptance of these terms of use, as well as, any other document which reference is made by this one.

By accepting these Terms and Conditions you are declaring you are at least 18 years old and that you are able to create a binding agreement, and a legal obligation in accordance with the Portuguese civil law and the laws of electronic commerce, approved by the Dec. Lei 7/2004, 07.01.

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Portuguese law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent court in Porto.

Modification of this Agreement

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We reserve the right to discontinue or modify any part of this Agreement whenever we deem necessary or desirable at any time. These changes will be immediately effective for new and existing users of our Site and for all vouchers purchased after the effective date of the change or from the moment it is made known to the user, whatever occurs first. We suggest that you revisit our Terms of Use from time to time to ensure that you keep informed of any change of the Site. Your use of the Site after we update these Terms of Use will constitute the acceptance of the modified Terms of Use.

We also reserve the right to change, abandon or cease any aspect or feature of our services on the Site including, but not limited to, requirements for the access and usage of the tourist experiences.

Disagreements

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We will make every reasonable effort to resolve any disagreements that you may have with PORTGALL. If those efforts fail, by using this Site you agree that any claim, dispute or controversy you may have against PORTGALL related to or connected in any way with this Agreement, our Site or the purchase of any experience, shall be solved in the Porto’s Court Jurisdiction, and not in any other court.

Scope of our service

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Through the website we (Portgall.com) provide an online platform through which you can learn, select, plan and purchase the PORTGALL tourist experiences.

On the website for each service/experience is defined the content of the experience and its specific conditions as well as where it begins and ends.

Travel expenses to the place of the beginning of the experience or from where it ends to your destination are on costumer’s own account.

Whenever possible, PORTGALL will make available on its website an application that enables the customer/user to know the best way to travel to the place where the experience begins.

However, as this application is based on technological solutions that are not of our responsibility, this travel does not integrate our services and this information only intends to be a particular support for the customer’s/user’s travel, i.e., PORTGALL is not responsible for the accuracy of the information provided to consumers.

This information aims to help the tourist to optimize his stay, taking full advantage of it.

Nevertheless, the information about the experiences and context is just an opinion/interpretation of the authors, aimed to enrich the users’ tourism experience and based on their research work and empirical and subjective experience of the region itself. Therefore no legal consequences can be taken besides those that result from the mere expression of an opinion.

Despite our efforts to provide a suitable technological solution for the (above mentioned) purpose, PORTGALL will not be liable for any interruption (due to any temporary and/or partial breakdown, repair, upgrade, maintenance, unavailability or failure) of our website.

Our services are available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose, unless there is an express authorization of PORTGALL for this purpose.

Description of our services

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PORTGALL is responsible for organizing and delivering products named “experiences”, aimed for an international DIY tourist, who enjoys and values the contact with people and traditions of the geographical areas we cover.

These experiences are aimed for adults with autonomy. Unless the experience defines a different age or a limit of another kind, the following individuals may also participate:

Children up to the age of 12 if accompanied by adults;

Individuals with special needs, if accompanied by autonomous adults, and legally attributable to assume responsibility for them.

PORTGALL works directly with its clients, assuming any liability for services provided by its suppliers and established partners.

We cannot be held liable for circumstances arising from acts of God , force majeure or any other event beyond our control like strike, disorders, wars and civil conflicts; or on the other hand, natural phenomena, earthquakes, hurricanes, floods, changes, delays and/or cancellations of flights or other means of transport to prevent from enjoying the experience.

After entering the site, the tourist indicates the period of time he wants to stay in the geographic areas we work at (day and time of arrival and departure), and select, from a predefined list, his thematic preferences for the experience selection.

Based on these assumptions, the website suggests/lists a set of experiences which best address those preferences set in the period of time of his stay.

The description of the experience as well as what is included or not, is described in the site.

The right to purchase or participate in any one of the experiences contained in the Site constitutes an express and unequivocal acceptance by the customer of these Terms and Conditions as well as the specific conditions defined in the experience itself, which are considered an integral part of the delivery experience contract.

Portgall reservation

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To book the experience you want to do, you should indicate for each one: the number of adult participants and the number of children under the age of 12. Later during the booking procedure, you will have to indicate if any of the participants, adult or child, has any kind of special needs. If so, you must specify in the “comments” section what kind of special need, the degree of limitation implied and the precautions that should be taken into account.

PORTGALL is not responsible for: an incorrect indication of the number of participants; number and age of children participating; the number of people with special needs (listed in the number of adults identified); the lack of or incorrect information about the type of special need; the degree of limitation that implies and care of these individuals as well as other information that is specifically requested in the experience sheet. In these circumstances, PORTGALL reserves the right not to admit in the travel experience the participation of people from whom lacks full and accurate information to do a proper delivery.

The refusal of entrance or incomplete enjoyment of our services, caused by the insufficient or incorrect information given by the client during the purchase, will not give place to any refund or other form of compensation for the non-enjoyment of the service.

When booking a travel experience, the tourist will be registering for the participation of a selected experience in time and place specified in the booking record. However, all experiences have a minimum number of participants, so PORTGALL reserves the right to cancel the experience if this number is not reached.

The booking of the experience only becomes effective after your payment, in other words, after the purchase. You will then receive an email with registration information on the experience.

If the minimum number of participants is reached with your reservation, you will immediately receive an e-mail confirming your reservation. Otherwise, your reservation will be shown as PENDING.

On some of the experiences the booking will only be CONFIRMED after we’ve checked with the venue for availability, which can take one day more after we’ve guaranteed the minimum number of participants.

If the experience is considered PENDING the deadline of pending (or assurance of the experience) is indicated. PORTGALL will inform the tourist whether or not the experience will take place until the deadline.

In case of cancellation of a PENDING experience, PORTGALL will inform the user by email (to the email address listed in the customer registration) and will also update the state of reservation in the personal customer area.

Enjoyment of the experience

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In order to enjoy the travel experience, PORTGALL’s customer should be present at the time and place indicated in the Voucher. The user must present the Experience Voucher on paper or digitally to the Experience Leader, and an identification document that should correspond to the name entered on the Site at the time of booking.

There will be no refund if the customer or the user arrives with a delay of more than 15 minutes considering the time and place previously scheduled for the experience.

There will also be no full or partial refund for those who cannot or do not want to fully enjoy the experience as well as many of the services included.

During the experience, the user should ensure an civilized and respectful behaviour towards the leader and other people involved. PORTGALL reserves the right to remove from the experience anyone who does not respect this behaviour or shows signs of being under the influence of alcohol or other substances that may put at risk the good development of the experience.

PORTGALL is not responsible for any personal property which can be lost, forgotten or stolen. It is the tourist’s responsibility to keep his personal property safe during the enjoyment of the experience.

The ending time of the experience is only an indicative; but the responsible for the experience will try to ensure it will be accomplished.

Nevertheless, there may be delays due to multiple factors, not controllable by PORTGALL, so PORTGALL should not be responsible for any damage caused due to the delay at the ending of the experience.

Payments and security

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All prices indicated on the site are expressed in Euros. Unless otherwise stipulated, they include VAT at the Portuguese tax rate and all other taxes that may be incurred.

The monetary value of the experience does neither include any personal expenses nor any service that is not indicated on the product description. You are fully responsible for these expenses.

Payment can only be made using PayPal. When using PayPal for the booking of PORTGALL’s experiences, you can choose to use a regular PayPal account, or any other credit card accepted (Visa, Mastercard, American Express, or any other credit card listed on the site).

When you are booking, the CONFIRMED and the PENDING experiences will be debited. If there aren’t enough people for the experience to take place and it is cancelled, its monetary value will be refunded.

To proceed with the payment of the monetary value of the experience, the customer should provide the details of his credit card, including the expiration date and the 3 (three) security digits at the time he makes the request and/or accepts the purchase of the service and/or product listed in supply concerned. The Web Site does not undertake banking operations that the client should do to be able to make online purchases.

If an amount of money which does not correspond to the booking experience is wrongly debited, the customer should immediately report the situation to PORTGALL, in order to solve that situation as quickly as possible.

Withdrawal, changes and assignment of an experience

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The customer may give up on the experience at any time, by written communication sent to PORTGALL’s email customercare@portgall.com, and he has the right to:

– the full refund, if the experience is pending;

– the full refund if the experience is confirmed and the withdrawal communication was received until the 20th day before the experience;

– the refund of 70% of the confirmed experience, if withdrawal communication was received between the 19th and the 10th day before the experience;

– the refund of 50% of the confirmed experience if the withdrawal communication was received between the 9th and the 5th day before the experience;

From 4th day, inclusive, before the experience, there will be no refund due to withdrawal.

Day counting includes Saturdays, Sundays and holidays.

If possible and whenever a customer subscribed to a particular experience wants to change his registration to another travel or to the same in a different date and time, he can do so, being applied analogue deadlines and penalties to those defined for the withdrawal scheme.

The customer may transfer his registration, to another person who satisfies exactly all the conditions required for the experience, as long as he informs PORTGALL, in writing, until 48 hours before the date and time scheduled for the experience and complies with the duties of ensuring the correct and appropriate information, as set out in our 7th paragraph “Portgall Reserve/ Reservation”.

Failure to comply

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If before the experience and due to facts not attributable to PORTGALL, PORTGALL is unable to carry out the experience, the customer has the right, within seven days after such fact has been communicated, to give up the travel experience, being immediately refunded all amounts paid or, alternatively, he can choose to participate in another experience of equivalent price. If the new experience has a lower price, the respective difference amount will be refunded to the costumer.

Insurances

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Experiences include the coverage of a group of personal accident from Fidelidade group, insurance policy AG63110369, which covers the risks of death or permanent disability, by accident, and transport and treatment expenses and repatriation, by accident, in capital determined by current legislation.

There are some limitations of coverage imposed by the insurance company, for:

i) children under 14 years, the compensation for death is reduced to the value of burial expenses;

ii) People over 75 years or those with any disability, the guarantees are limited to the coverage of death.

The responsibility of PORTGALL is also guaranteed by an insurance against civil liability – insurance company Fidelidade, under the current legislation.

Complaints

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At PORTGALL we try to do our best to keep all Customers happy. However, if you are dissatisfied, please write us a complaint letter. Only those presented to PORTGALL within fifteen working days after the travel experience will be considered. Complaints can only be accepted if reported to the responsible for the delivery of the experience, during the course of it or when it ends.

For this purpose, the tourist shall request from responsible for the delivery of the experience the complaint document, that will then be signed by the responsible for the experience.

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