Below are details of the terms and conditions of the agreement. Please read them carefully. When you make a booking and we accept it a legally binding contract is made on Accommodation Only basis. (Whom we are acting retail agents)
Your Contract with Portugala.com
3. LATE BOOKINGS – Late bookings are those made within 12 weeks of departure. Once details have been confirmed to you over the telephone, a contract based on these booking conditions will be deemed to have come into existence between us. Should you cancel after this point, cancellation charges as shown in clause 17 will apply. Full payment will be due immediately.
3a. HOLIDAYS THAT ARE ON REQUEST BASIS! – Upon your instructions by telephone or in writing, when we have to request a specific holiday, such as Pousadas, Manor Houses, Villas, extra rooms, apts etc. Please note, bookings that are on request basis always incurs extra costs to us such as faxes, telephone calls etc. We will gladly proceed with the booking at no extra costs to you. However, we will only proceed with the booking when you give us a guarantee payment by credit card, cheque or cash. Our part of the agreement is for us to supply the goods you have requested, once we have confirmed the booking you will be held to the booking and all monies will be deducted accordingly as per our booking conditions clause 17. If, we are unable to confirm, then, no monies will be deducted at all.
4. IF WE CHANGE YOUR HOLIDAY – We plan your holiday arrangements many months in advance and though it is unlikely that we will have to make any changes to confirmed arrangements, occasionally changes may be made. We reserve the right to do so at any time. Most changes are of a very minor nature and we will advise you (or your travel agent) at the earliest possible date. If a major change occurs, we will inform you or your travel agent as soon as is reasonably possible. A major change is one that we make to your holiday arrangements, that includes offering accommodation of a lower standard, with the price difference refunded. In such cases you have the choice of either accepting the renewed arrangements as notified to you, or cancelling your holiday with full refund of money paid.
If Portugala.com makes a major change after the date of payment of the balance of the holiday price it will in addition to the choice offered in this clause compensate the Client as follows:
* For children invoiced at reduced rates, credit/compensation will be paid on a pro-rata
Compensation is not payable if the alternative offered is of equal or a higher official category or shown on our web site at a similar or higher price. The provisions of this clause will not apply in the event of a major change due to any cause beyond Portugala’s reasonable control and without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Portugala.com reasonable control:
5. PRICE GUARANTEE – We guarantee that the price of your holiday will not be subject to any surcharges. Once you have made your booking and paid a deposit, the cost of your holiday will not be increased. Only Government action can change this Guarantee. Whilst we reserve the right to increase or decrease prices at any time, the price of your holiday as shown on your Holiday Invoice will not be increased, unless you alter your booking after it is issued. The holiday prices on the our web site can vary at the time of booking, as prices are based on currency exchange rate.
6. OUR RESPONSIBILITY – You will appreciate that many people and companies over whom Portugala.com have no control are involved in the planning and provision of your holiday. Portugala.com have taken all reasonable steps to ensure that the suppliers of services provided are of an acceptable standard. As part of our policy of customer care Portugala will accept responsibility for the standard of services provided to you.
You should note:
7. ASSISTANCE – In the event of the client suffering illness, personal injury or death during the period of the client’s holiday arising out of an activity which does not form part of the holiday booking nor an excursion offered through Portugala.com. Portugala.com will offer assistance and knowledge and guidance to the client during the period of the holiday in respect of such illness, personal injury or death . Please note, the above does not apply to “Flight Only”, “Accommodation Only”, “Car Hire Only” or “Transfers Only”.
The cost of legal proceedings overseas can be very expensive and we would strongly recommend that you take out a Travel insurance, that covers legal expenses policy for that purpose. PLEASE INSURE YOU BUY TRAVEL INSURANCE BEFORE YOU TRAVEL (Buy your Travel Insurance in the country you are resident only, which covers for some of these eventualities).
8. TRAVELLING CONDITIONS/MISBEHAVIOUR – If you are prevented from travelling on an aircraft because in the opinion of any person in authority at the airport (including for example the police, pilot or security personnel) you appear by reason of intoxicating liquor or misuse of drugs, either to be unfit to travel or likely to cause discomfort or disturbance to other passengers, our responsibility for your journey or holiday, including any return flight, thereupon ceases. Full cancellation charges will then apply and no refunds will be given. Furthermore, we will then be under no obligation whatsoever for compensation or costs you may incur in respect of or as a result of alternative arrangements you may make. When travelling by air, the Airlines Conditions of Carriage apply, some of which limit or exclude liability. These conditions are often the subject of international agreements between countries, copies of the conditions are available to you, on the flight carriers web site. Portugala has no control over the behaviour of persons staying at or visiting your holiday accommodation and is not responsible for any withdrawal or impairment of facilities or other loss or damage caused by them. Under no circumstances are you entitled to sub-let or share your accommodation with anyone other than those passengers shown on your booking.
9. DELAYS – We cannot accept any liability for any delay in your flight to or from the UK, whether the cancellation or delay is caused by adverse weather conditions, re-scheduling of times by the airline, the airport authorities and/or the action of air traffic controllers, mechanical breakdown, strike or industrial action or otherwise. We regret that we cannot make refunds for any services which have been paid for but are not used for whatever reason irrespective of any statement to the contrary by the supplier of the services. However, in certain circumstances you may be able to make a claim under an insurance policy, and we refer you to the terms covering you and your party against the risk of flight delay and would recommend such insurance to you. You are subject to the flight carrier conditions. Not Portugala conditions. Please buy your travel insurance, as we do not book flights.
The airlines involved will endeavour to keep you as comfortable and well informed as possible. Portugala.com has no control over flights, the provision of meals, refreshments, etc. in such circumstances as these are covered by Airlines’ Conditions and EU Airline/s regulations and conditions.
9a. FLIGHTS INFORMATION – Should anyone check-in less than 120 minutes before the ticketed departure time, admission to the flight can be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible as we do not sell flight tickets. In all such cases we will not be liable for any costs involved.
International Flights can be operated by many airlines including, Britannia Airways, Monarch, British Airways, TAP Portugal, British Midland Airways, Excel Airways, Easy Jet, Ryanair, Thomas Coook Airways, First Choice Airways, SATA Air Azores, European Air Charter, Maersk Air, A or any other airline operating CAA licensed aircraft using Boeing 727, 737, 757, 767, DC10, MD83, MD87, MD88, TriStar, Airbus A-300, A-310, A-320, A-321 and Fokker 100 aircraft.
When you travel with a carrier, the Conditions of Carriage of that carrier apply, some of which limit liability. Such conditions are often the subject of international agreement between countries. We draw your attention to the conditions regarding delayed flights and point out that the conditions printed on your tickets apply, and we cannot accept any additional responsibility for delays over those stipulated by the carrier.
10. IF WE CANCEL YOUR HOLIDAY – We reserve the general right to cancel your holiday up to the time when payment of the balance of the prices becomes due (normally 12 weeks before the departure date). But we will only cancel after that time
If we cancel your holiday then we will offer you a choice of an alternative holiday of at least comparable standard, if available, or lower standard, if available, with the price difference refunded, or a prompt and full refund of all monies you have paid in accordance with clause 4. This offer does not apply when a cancellation is chosen by yourself under clause 17 or where you have failed to pay deposits or balances on due when you paid to Portugala.com a cheque which has subsequently been dishonoured. In such circumstances Portugala.com reserves the right to recover the money due by any means deemed appropriate.
11. INSURANCE – It is important you have travel insurance for your holiday. Take out travel insurance, in particular it should offer a 24-hour emergency telephone and repatriation service. When you take travel insurance policy, we advise you to study the terms very carefully to ensure that it is suitable for you.
12. TRAVEL DOCUMENTS, BAGGAGE AND HEALTH REGULATIONS INFORMATION– Where travel and health documents are necessary to comply with requirements of any country to which the relevant holiday relates, then it will be your responsibility to procure them. If for any reason costs, expenses or fines are imposed upon Portugala.com as a result of your failure to ensure that your travel documentation is in order then you shall be liable on demand to reimburse Portugala.com such costs, expenses or fines.
Under the terms of various international conventions, while your personal effects and baggage are in the hands of the carrier, the carrier is liable for the safety of such baggage. If your baggage is lost or damaged between the time of airport check-in, and the recovery of the baggage from the carousel at the end of the flight, then the carrier is under a duty to pay compensation. The amount of any compensation is determined by international convention, details of which are on the reverse of your flight tickets. In the case of loss or damage a Property Irregularity Report must be completed before you leave the airport. Should your claim be in excess of the airline’s compensation level, then you should contact your insurers to see if they will pay the difference. It is your responsibility to ensure that all your belongings are loaded onto the correct transfer coach, minibus or taxi.
Items of high individual value should be adequately insured, as neither Portugala nor its carriers will accept liability for loss or damage. Where travel and health documents are necessary to comply with the requirements of any country you wish to visit, then it is your responsibility to procure them.
When travelling abroad you are advised to check with your doctor well before departure to ensure that you have any inoculations which are advisable or necessary for your trip. You should also read Health Advice for Travellers which gives some useful information concerning health overseas and is available by calling free phone 0800 555 777. If you will be more than 28 weeks pregnant at the time of travelling you will need a certificate of fitness to fly and most airlines will refuse permission for anyone more than 32 weeks pregnant, You are sublject to the airlines booking conditions. check with airlines, as booking conditions may vary.
In such circumstances as described, Portugala.com shall be under no liability for any loss or damage arising therefore. The operation and supervision of overseas property, transport and their services is subject to local laws, regulations, standards and codes of practice of individual countries .The legal and safety requirements of many foreign countries may be of a lower standard than that in the UK. You should note that the standards imposed will be that of the country you are visiting, and not that of the UK.
We would draw your attention to the fact that parts of many resorts are still in the process of development and building work may be in progress on or adjacent to your accommodation. If you have booked with Portugala, we will endeavour to keep you informed as to the possibility of such building work but cannot accept liability for any inconvenience, discomfort or annoyance which you may possibly suffer from building works being carried out on property, such work being beyond our control. We would also draw your attention to the fact that for certain facilities you may find that the management of a property utilised makes a charge, for example, for the use of tennis courts, hire of equipment, sunbeds, babysitting etc. Airlines reserve the right to alter the flight departure time to a different time within a period of twelve hours of the printed or notified time of departure without responsibility for any loss or damage arising therefore, subject to the contents of clause 4.
15. SPECIAL REQUESTS – Our contracts for accommodation and transport provide for the allocation of rooms to us. Your booking will be made within those allocations but no specific rooms can or will be confirmed. Although we will endeavour wherever possible to meet special requests made in writing, no guarantee is given.
16. IF YOU CHANGE YOUR BOOKING – If you want to change any details of your booking we will do our best to help. Amendment requests should be made in writing to us direct, or via the travel agent who made the booking. Should you wish to substitute a party member where that party member is prevented from taking their holiday, the original partner member may transfer their booking to someone else providing we are notified not less than 31 days prior to departure.
An alteration increasing the total value of the booking made before documents are issued will not incur an amendment fee. Where the original price is based on the number of people occupying a room and you change the number of passengers the price will be recalculated on the basis of the new party size, e.g. where a twin room is only occupied by the person and not two, a single supplement will be payable. In addition to the charges shown above we may also have to charge you any additional costs involved.
If you wish to make any change while on holiday (e.g. upgrading your accommodation or extending your stay) all requests are subject to availability and any extra costs must be paid through Portugala.com in the UK, or locally. Please remember changing the length of your stay means that you have to buy new aircraft seats. After departure the length of stay cannot be altered and we regret we cannot make refunds for any services which have been paid for but are not used for whatever reason, irrespective of any statement to the contrary by the supplier of the service or the local agent.
17. IF YOU CANCEL YOUR HOLIDAY – Should you or any member of your party be forced to cancel your booking after it has been accepted by us, the effective date for cancellation will be the date that we receive your written instructions at our Portugala.com office. If you cancel, a cancellation charge (being agreed damages to cover our estimated loss) calculated on the scale set out below becomes payable by you as signatory of the Booking Form or the named person on invoice. Insurance premiums are non-refundable.
Period before written notification is received by Portugala Amount of cancellation charge expressed as a % of Total Holiday Price inclusive of extras (including all deposits paid)
NB! You may be able to make a claim under any travel insurance policy, if your cancellation falls within the provisions of the policy.
18. IF YOU HAVE A PROBLEM ON HOLIDAY – In the very unlikely event of there being something not to your liking whilst you are on holiday, that is in our direct control. You must report it immediately to the manager of the establishment and our resort agent. This will give both an opportunity to correct the matter so that it does not spoil your holiday. Should you not be satisfied please contact Portugala.com in London, by telephone straight away, with details of your complaint, and we will endeavour to put things right.
Should you fail to report your complaint ultimately with Portugala.com in London, then, we will not consider ourselves to be liable in respect of complaints which were not registered. The complaint must be followed up upon your return to the UK, by writing, by Recorded or Registered Post, within 28 days of your return.
18a. REFUNDS – We regret we cannot make refunds for any services which have been paid for but not used for whatever reason, irrespective of any statement to the contrary by the suppliers of the service. If you have any doughts, call us any time 24 hours 0044 (0)7795 661 609.