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Porto, Portugal


1. Area of Validity
1.1. These General Terms and Conditions of Contract (GTCC) shall apply to all transactions between the traveler and Splendidevasion, Lda (hereinafter SE).
1.2 These GTCC shall apply to all transactions until new GTCC are issued by SE, even if these come about without reference to these GTCC.

2. Conclusion of Contract
2.1 The basis of the business relations shall be the respective booking, in which all services (scope of performance) as well as compensation are set out. Assurances given by employees or representatives of SE shall be irrelevant, unless confirmed in writing by the company.
2.2 The quotations provided by SE are subject to change. All price alterations further to the booking confirmation made by SE must be informed to the traveler. The booking is only deemed to have been accepted by SE once written order confirmation has been provided.

3. Remuneration and Payment
3.1 The amount of remuneration will be set out by SE. When the booking is confirmed, the traveler confirms having acknowledged these and to accept them as appropriate.
3.2 Modifications or additional requests will be charged by SE accordingly to each case.
3.3 The remuneration claim by SE comes about for each individually provided program/service. All programs/services which are not expressly settled by the agreed remuneration, shall be remunerated separately.
3.4 If necessary SE is within its rights at any time to demand payment for the entire remuneration agreed. For general programs/services the first 25% of the remuneration shall be due when the order is placed, only then SE can confirm the resulting reservations, the following 50% shall be due 45 days before the beginning of the program/service and the remaining 25% 20 days before the beginning of the program/service.
3.5 The traveler shall be responsible for any bank transaction charges and currency exchange rates.

4. Cancellation and Alteration Policy
4.1 If waived by the traveler, before or once at destination, SE shall be entitled to charge the following amounts or the obligation to repay the amount already received, according to the following:
If the cancellation or alteration of the program/service hired occurs between:
a)    For every cancellation of the program/service selected, a 10% of the total charge;
b)    30 days before the beginning of the program/service selected, receive full credit towards future travel with SE. Travelers can postpone their travel dates to any date, within 18 months of the original travel date, without penalty.
c)    29 to 16 days before the beginning of the program/service selected, a 50%  of the total charge;
d)    15 days prior to the beginning the program/service selected, 100% of the total charge.
4.2 The conditions referred on 4.1 shall not be applied whenever has been explicitly communicated by SE different conditions regarding cancellation or alteration terms.
4.3 SE has the right to apply a higher charge in case of cancellation/alteration if for any specific or punctual reason the amount stipulated above, does not cover all the booking expenses, such as in high peak seasons, among others. If that is the case SE must formally present detailed information to the traveler regarding the booking expense.
4.4 In the event that after the beginning of the program/service selected, SE does not furnish or verify that cannot supply an important part of the services under the contract, SE shall take an appropriate continuation of package solutions at no additional cost price to the traveler, and, if applicable, shall pay the amount of the difference between the services offered and those supplied. If the traveler continues with the program/service with the solutions given by SE, it shall be deemed to have tacitly accepted these proposals.
4.5 SE has the right to cancel or modify any program/service, without any financial loss and without previous notice, due to weather conditions, natural phenomenon, social instability, or whenever safety conditions for all participants are not assured, including all SE representatives.
4.6 SE will never be held responsible for any failure of every form of transportation to arrive or departure as schedule, including flights.
4.7 In the cases of cancelation/modification of any activity due to delays not controlled by SE, such as traveler/group delays, traffic, breakdown on transportation means, theft, SE is not responsible for any expenses incurred.
4.8 SE reserves the right to refuse a person’s participation on any program/activity if any of its representatives finds that person doesn’t have physical conditions or is mentally unprepared for the same program/activity, nor if shows evidences of alcohol, drugs abuse or any behavior supporting racist ideals or disrespect for both local nature and traditions. SE has also the right and obligation to decline a traveler if by any reason doesn’t follow the mandatory measures defined by local health authorities concerning Covid-19 virus or other eventual outbreak.
4.9 Considering the Covid’s world situation and the effects that brings to the certain of traveling, SE will fully refund the travelers that are forced to cancel trips due to Covid restrictions until the point of travel. The refund will be considered if some of the following restrictions to travel may occur at any point before the time of travel leaving the traveler unable to complete the trip as planned, namely:
- Traveler’s Country Health or Governmental Authorities expressly declare themselves “against all but essential travel” to Portugal by their citizens;
- Traveler’s Country Health or Governmental Authorities expressly declare themselves “against travel to certain areas” of Portugal, however if relevant to the traveler’s itinerary";
- Implementation of quarantine upon arrival at the traveler’s destination;
- For any other reason besides these ones that were stated here, the general cancelation conditions will be applied.

5. Right of Ownership and Copyright Protection
5.1 All programs/services and information provided and also suggestions or ideas, or individual parts, are property of SE. Any copy, improper or unauthorized use of its content will be subject to legal action.

6. Warranty and Damages
6.1 The traveler shall bring to notice any complaints in writing within 5 days following the end of the services performed by SE and state reasons for this. If the complaint is made during the course of the program/services and is justified and punctual, the traveler shall only have the right to rectification of the same program/service.
6.2 Any liability for damages on part of SE shall be excluded by mutual agreement, provided that SE cannot be proven to have committed intent or gross negligence in breaching its primary duties. The right of the traveler to warranty shall remain unaffected in accordance with these GTCC. Claims for damages on part of the traveler for consequential damages shall be excluded in any case.
6.3 SE expressly does not provide any warranty in the event that any of the programs/services performed do not achieve any result or not the result hoped for.
6.4 SE will not be held responsible for any costs involved in rescuing and illness situations, besides the ones included on the insurance policy mandatory by Turismo de Portugal, I.P..
6.5 In the case of the participant leaves any activity before its completion, for whatever reason, the participant is responsible for any expenses incurred.
6.6 SE is not responsible for lost, stolen or damaged baggage or equipment or any expenses incurred in the event of such loss or damage.
6.7 SE will not be held responsible for any costs, damages or thefts made by the traveler, accidentally or intentionally, during his stay, activities and free time.
6.8 If for any reason the Traveler entrance in Portugal is not allowed by the Portuguese Government or Custom Authorities, SE reserves the right not to refund any of the amount paid and charge any possible cost associated with the program/service selected. SE will not be held responsible for that same reason.

7. Acknowledgement of Risks
7.1 The Traveler recognizes and acknowledges that there are risks in any activity associated with the outdoors. These risks include dangers not only associated with participation in outdoor activities, but include dangers associated with travel to and from the location of outdoor activities.

8. Confidentiality Obligation
8.1 SE pledges to treat with confidentiality all matters concerning the traveler. It will ensure that the secrecy obligation is also met by its employees and representatives. This obligation for confidentiality shall apply even after termination of the contract.
8.2 Notwithstanding this confidentiality obligation, SE shall be within its rights indefinitely and irrevocably to include the traveler and, if need be, a short description of the performances rendered on his behalf in its reference list and to use this information for advertising and presentation purposes in any bona fide way, in particular also on the internet.

9. Final Provisions
9.1 Place of performance and legal jurisdiction is Vila Nova de Gaia - Portugal. Portuguese law shall apply exclusively.

Addendum to GTCC
Commercial Sexual Exploitation of Children and Adolescents is an increasing problem around the world (prostitution, pornography, sex trafficking of children and adolescents).
SE recognizes that the Tourism Industry does have the legal and moral obligation to ensure that the protection of children and adolescents is incorporated in its development agenda.
So, the Traveler expresses its commitment to accomplish the following Code of Ethics and will implement during the extension of the contract:
1.    Promote Human Beings Rights, specially, Children and Adolescents Rights;
2.    Refuse, repress and condemn commercial exploitation of human beings, in all its forms, especially commercial sexual exploitation and specifically when it affects children and adolescents;
Any breach of either point cancels automatically the contract between SE and the Traveler that herewith accepts to stand all consequences that would arise from behaving otherwise.

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