General conditions
RNAVT 10066
Selling Agency
The marketing of services and products included in this site is carried out by Culturália - Turismo Cultural, a brand used by Carla Sofia Costa Almeida (Businesswoman in Individual Name) based in Mafra, Taxpayer No. 224798952 and with the National Register of Travel and Tourism (RNAVT) nº10066.
Registrations
Upon registration, the customer must deposit 40% of the price of the service, or another amount to be indicated depending on the type of service booked, paying the remaining 60%% up to 21 days before the start of the service. If registration takes place 21 days or less before the start of the service, the total price of the service must be paid at the time of registration, which is subject to the suppliers obtaining confirmation of reservations for all services. Culturália - Cultural Tourism reserves the right to cancel any registration whose payment has not been made under the above mentioned conditions.
Alternative Consumer Dispute Resolution Entities
Under the terms of Law No. 144/2015 of 8 September in its current wording, we inform you that the Traveler may resort to the following Alternative Dispute Resolution Entities:
Customer Ombudsman for Travel and Tourism Agencies in www.provedorapavt.com;
Tourism of Portugal Arbitration Committee in www.turismodeportugal.pt;
Claims
Any non-compliance in the performance of a travel service included in the package travel contract must be communicated to the organizing travel agency or retailer in writing or in another appropriate form as soon as such non-compliance occurs, i.e. without undue delay. In the event of a claim for non-compliance with the contracted services, the customer may activate the deposit provided for in the terms of the legislation in force, and for this purpose, he must submit the respective claim to Turismo de Portugal IP within 20 working days after the end of the trip.
The right to file claims for price reductions or the right to compensation for non-compliance of the travel services included in the package trip expires within 2 years.
According to Decree-Law nº 74/2017, Travelwings.pt also provides the Complaints Book in electronic format, which can be consulted at: https://www.livroreclamacoes.pt/inicio
Baggage
The agency is responsible for the luggage in the legal terms; The Traveler is obliged to complain to the entity providing the services at the time of removal, deterioration or destruction of luggage. In international transport, in case of damage to the luggage, the claim must be made in writing to the carrier immediately after the damage is verified and no later than 7 days after delivery. In the case of a mere delay in the delivery of the luggage, the claim must be made within 21 days from the date of delivery of the same. The presentation of such a claim will be an essential basis for triggering the responsibility of Culturália - Turismo Cultural on the entity providing the service.
Limits and Responsibilities
The agency's liability will be limited to the maximum amount required from the entities providing the services, under the terms of the Montreal Convention of 28 May 1999 on International Transport by Air and the Berne Convention of 1961 on Rail Transport.
With regard to maritime transport, the liability of travel agencies, in relation to their Travelers, for the provision of transport services, or accommodation, when applicable, by maritime transport companies, in the event of damages resulting from willful misconduct or negligence of these , 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 damage to it;
c) €31,424, in case of loss of a motor vehicle, including the luggage it contains;
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.
When applicable, the liability of travel and tourism agencies for the deterioration, destruction and removal of luggage or other items in tourist accommodation establishments, while the Traveler is staying there, has the following limits:
a) €1,397 globally;
b) €449 per article;
c) The value declared by the Traveler, regarding the articles deposited in the custody of the tourist accommodation establishment.
The agency's liability for non-bodily damages is contractually limited to the amount corresponding to three times the price of the service sold.
Documentation
The Traveler must have all his/her personal or family documentation valid:
- Citizen Card;
- Passport - Authorization for minors (when necessary);
- Visa (when necessary);
- Vaccination Certificate (when necessary);
- and others that may be required.
- The agency declines any responsibility for the refusal to grant visas or the non-permission of entry to the Traveler in a foreign country; The Traveler is also responsible for any and all costs that such situation may entail.
Travel within the European Union:
- Travelers (regardless of age) who travel within the European Union must have their civil identification document (Passport, Citizen's Card);
- To obtain medical assistance, they must have the respective European Health Insurance Card;
- Nationals of non-Community countries should consult specific information regarding the documentation required for travel at the embassies/consulates of the countries of origin.
Travel outside the European Union:
- Travelers (regardless of age) who travel outside the European Union must be in possession of their civil identification document (passport) as well as a visa if necessary (obtain this information from the agency at the time of booking);
- Nationals of non-Community countries should consult specific information regarding the documentation required for travel at the embassies/consulates of the countries of origin.
Changes
For each change (names, dates, type of apartment or room, trip, etc.) expenses will be charged according to the information provided by the travel agency at the time of booking. Acceptance of such changes depends on acceptance by the respective suppliers.
Changes Requested by the Traveler
If the providers of the trip in question allow, whenever a Traveler, registered for a particular trip, wishes to change his registration for another trip or for the same one departing on a different date, or any other possible change, he must pay the aforementioned fee. , such as alteration expenses. However, when the change takes place 21 days or less in advance of the date of departure of the trip, for which the Traveler is registered, or if the service providers do not accept the change, it is subject to the foreseen expenses and charges. in the clause “Termination of the Contract by the Traveler”.
After starting the trip, if requested to change the services contracted for reasons not attributable to the agency (eg extension of nights of stay, change of flight) the prices of tourist services may not correspond to those published in the brochure that motivated the contract.
Changes to be made by the Agency
Whenever, before the start of the organized trip, the travel and tourism agency is obliged to significantly change some of the main characteristics of the travel services, or is unable to meet the special requirements requested by the Traveler; or propose to increase the price of the package trip by more than 8%, the traveler may, within 8 (eight) days:
a) Accept the proposed change;
b) Terminate the contract, without any penalty, being refunded the amounts paid;
c) Accept a replacement package trip proposed by the travel and tourism agency, being refunded in case of price difference.
The absence of a response from the traveler within the period set by the travel and tourism agency will imply tacit acceptance of the proposed amendment.
Assignment of Contractual Position
The Traveler may, under the terms of article 22º nº 1 of DL nº 17/2018 of 8 March, give up his position, being replaced by another person who fulfills all the conditions required for the package trip, provided that inform the travel and tourism agency, in writing, up to seven consecutive days before the scheduled departure date.
The assignor and the assignee, under the terms of article 22.º nº 2 of the Decree-Law 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 verified by the travel and tourism agency.
Termination of the Agreement by the Agency
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 days before the start of the package trip, in the case of trips lasting more than six days;
b) 7 days before the start of the package trip, in the case of trips lasting from two to six days;
c) 48 hours before the start of the package trip, in the case of trips lasting less than two days.
Before the start of the package trip, the travel and tourism agency may also terminate the contract if it is prevented from performing it due to unavoidable and exceptional circumstances.
Termination of the travel contract by the agency under the terms mentioned above only entitles the traveler to a full refund of payments made within a maximum period of 14 (fourteen) days after the termination of the travel contract, pursuant to article 27. nº 5 of DL nº 17/2018 of 8 March.
Price Change
The prices included in the program are based on the costs of services and exchange rates in force on the date of printing of this program, so they are subject to changes (price increase or reduction), pursuant to article 29 of DL n. 17/2018 of March 8, which result from variations in the cost of transport or fuel, taxes, fees and exchange rate fluctuations up to 20 (twenty) days before the travel date.
If the increase in question exceeds 8% (eight percent) of the total price of the package trip, the provisions of clause “Alterations to be carried out by the Agency” will apply.
In case of price reduction, the travel and tourism agency reserves the right to deduct the corresponding administrative expenses from the reimbursement to be made to the traveler, which will be justified at the request of the traveller.
refunds
Once the trip has started, no refund is due for services not used by the Traveler for reasons of force majeure or for reasons attributable to the Traveler, except for reimbursement by the respective suppliers. Failure to provide services provided for in the travel program for reasons attributable to the organizing agency and if it is not possible to replace them with other equivalents, entitles the Traveler to be reimbursed for the difference between the price of the services provided and that of those actually provided.
Termination of the Contract by the Traveler
The traveler may terminate the travel contract at any time before the start of the trip, pursuant to article 25.º nº 1 of DL nº 17/2018 of 8 March. ii. In the event of termination of the contract under the terms of the previous paragraph, under the terms of article 25.º nº 2 of DL nº 17/2018 of 8 March, the traveler will pay a termination fee in the following terms:
a) Up to 91 days before the trip – the applicable termination fee corresponds to the value of the air tickets + 30% of the remaining services
b) 90 days before the trip – the applicable termination fee corresponds to the value of the air tickets + 60% of the remaining services
c) 30 days before the trip – the applicable termination fee corresponds to the value of the air tickets + 100% of the remaining services.
Such termination implies that the same is responsible for the payment of all charges that the beginning of the performance of the contract and its withdrawal give rise, minus the reallocation of services and cost savings.
Where applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts referred to above. In the present situation, the refund will be made, deducting the termination fee, within a maximum period of 14 (fourteen) days after the termination of the travel contract, pursuant to article 25.º nº 7 of DL n.º 17/2018 of the 8th of March.
The Traveler is also entitled to terminate the travel contract before the commencement of the same 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 performance of the same or the transport of the passengers to the destination, pursuant to article 25.º nº4 of DL nº 17/2018 of 8 March. saw. The termination of the travel contract under the terms mentioned above, only entitles the traveler to a full refund of the payments made, under the terms of article 25.º nº 5 of DL n.º 17/2018 of 8 March.
Assistance to Travelers
In case of difficulties on the part of the Traveler, or when, for reasons not attributable to him, he cannot complete the package trip, the travel and tourism agency is obliged to provide assistance, namely:
a) Providing adequate information on health services, local authorities and consular assistance;
b) Helping the traveler to carry out communications at a distance and to find alternative travel solutions.
The travel and tourism agency may charge a fee in the amount of the costs incurred as a result of providing such assistance, if the difficulty underlying the request for assistance was caused by the traveler deliberately or through negligence, but may not exceed the costs actually incurred by the agency.
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 traveller.
The retail travel and tourism agency is jointly and severally liable for the obligation in question, without prejudice to the right of return, under the general terms applicable.
The cost limitation provided for above does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons in need of specific medical care, provided that the travel and tourism agency has been notified of these specific needs at least 48 hours before the start of the package tour.
Responsibility
The travel and tourism agency is responsible for the correct execution of all travel services included in the travel contract.
In the case of package trips, travel and tourism agencies are responsible to Travelers, even if the services must be performed by third parties and without prejudice to the right of return, under the general terms applicable.
Organizing travel and tourism agencies are jointly and severally liable with retail agencies in the case of organized trips.
In other travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transport tickets and also for the faulty choice of service providers, if these have not been suggested by the traveller.
The travel and tourism agency that acts as an intermediary in sales or reservations of separate travel services is responsible for errors in issuing the respective tickets, even in cases arising from technical deficiencies in the reservation systems attributable to them.
The travel and tourism agency is responsible for any errors due to technical deficiencies in the booking system attributable to it and, if it has agreed to book an organized trip or travel services that form part of related travel services, by mistakes made during the booking process.
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.
Insolvency
In the event of insolvency of the travel and tourism agency, the traveler may appeal to the Travel and Tourism Guarantee Fund, and for this purpose the traveler must resort to Turismo de Portugal IP, the entity responsible for the respective action:
Turismo de Portugal, IP,
Rua Ivone Silva, Lote 6, 1050-124Lisboa, - Tel. 211 140 200 | Fax. 211 140 830 - info@turismodeportugal.pt
insurance
The liability of the travel agency selling this program and arising from the obligations assumed is guaranteed by civil liability insurance at Companhia de Seguros Fidelidade, policy no.
The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
Taxes
The prices mentioned in this program already reflect the Value Added Tax at the current rate (23%).