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, or Car Hire (whom we are acting retail agents).
Your Contract with Portugala.com
1. BOOKING – A deposit of £120 per person including all children (or full payment if booking 10 weeks or less before departure) must be paid at the time of booking. In addition, all applicable premiums for the insurance policy (for UK residents only), we offer must be paid when booking if required (see clause 11 below on insurance).The first named person on the booking (who must be at least 18 years of age) must sign our booking form. The signed booking form must then be handed to your travel agent (or sent to us) togethher with the payment mentioned above. A binding contract between us will only come into existence when we issue a confirmation notice confirming your booking, except in the case of bookings made within 10 weeks of departure in which case our late booking procedures as set out in clause 3 below will apply. When you book through one of our authorised travel agents, all monies you pay to that agent for your holiday with us will be held by him on our behalf until they are paid to us or refunded to you. Please check your confirmation invoice and all other documentation immediately on receipt and contact us straight away if anything appears to be incorrect as it is not always possible to make changes at a later stage. We reserve the right to refuse a booking without any given reason.
2. PAYMENT OF THE BALANCE – The balance must be paid 10 weeks before departure. If the balance is not received by us in full and on time, we have the right to treat your booking as cancelled by you in which case the cancellation charges as set out in clause 17 will be payable. For bookings made within 10 weeks of departure date, you will be required to pay the full cost of your holiday at the time of booking.
2a.SECURITY DEPOSIT– A security deposit is always required and is held on all villas or selected apartment and villa reservations. This is payable with the holiday balance in the UK by us or upon arrival in the resort and will be refunded automatically approx 2 weeks after your return, after deduction of any charges/damages claimed by the villa owner and approved by us
3. LATE BOOKINGS – Late bookings are those made within 10 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, 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: Period before due departure date | Compensation payable per person (excluding infants)* | | Cash refund | Credit Voucher | More than 56 days | NIL | NIL | 29-55 days | £5 | £10 | 15-28 days | £10 | £15 | 8-14 days | £15 | £20 | 0-7 days | £20 | £25 |
* For children invoiced at reduced rates, credit/compensation will be paid on a pro-rata
basis of the adult rate.
Compensation is not payable if the alternative offered is of equal or a higher official category or shown in the brochure or 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:
(a) Act of God, explosion, flood, fire or accident.
(b) War, terrorism or any threat thereof, insurrection, civil disturbance.
(c) Any government or local authority restrictions or regulations.
(d) Strikes or other industrial actions. In the event of such a major change Portugala.com will immediately offer the client the choice of accepting the holiday with such major change or a full refund of all money paid.
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. 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 in this brochure are based on currency exchange rate of £1 = Euro 1.491
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:
• No liability can be accepted for any negligent acts or omissions of air or sea carriers, whose responsibilities are governed by international convention which may limit or exclude liability. The conditions which apply to your holiday journey are available for inspection at the travel agent where you book your holiday or at the offices of Portugala.
• We cannot accept any liability for loss, damage or expense resulting from war or terrorist activities threatened or actual, civil unrest, closure of airports, industrial action, threatened or actual or any event outside our control where such events delay, extend or compel a change in holiday arrangements.
• No liability can be accepted for failures attributable to the customer due to a third party not covered with the provision of the services contracted for and are unforeseeable or unavoidable. Due to unusual and unforeseeable circumstances which are beyond the control of the person seeking the exemption, where the consequences could not be avoided by taking of all reasonable care. Due to events which even with due care could not have been forestalled or foreseen.
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 to the client during the period of the holiday in respect of such illness, personal injury or death which assistance will take the form of advice guidance and initial financial assistance (where appropriate) up to a limit of £5,000 per booking, refundable to Portugala.com after your insurance claim.
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 legal expenses policy for that purpose. (Our travel insurance for UK residents only, also covers for some of these eventualities, details of covers on request.)
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 which apply are available for inspection at your local Portugala.com office. 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 arranged by Portugala.com, 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. We will gladly sell you 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 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 90 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 ten weeks before the departure date). But we will only cancel after that time
(a) if you default in payment of the balance of the holiday price, or
(b) if it is necessary to do so as a result of hostilities, political unrest or other circumstances amounting to irresistible forces such as war or threat of war, riot, civil strike, industrial dispute as defined above, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions.
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 money 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 – You must have insurance for your holiday. You can either take out our special travel insurance or arrange your own. If you arrange your own it must be as good as or better than ours. In particular it must offer a 24-hour emergency telephone and repatriation service. We will automatically add the premiums for our insurance policy to the price of your holiday unless you tell us at the time you book who your alternative insurer is and the policy number. Whether you take our insurance policy or some other company’s 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.
At all other times when your personal effects and/or baggage is in the custody care and control of Portugala.com, we will be responsible for the safety of such items. However, we will not accept liability for claims in excess of £400. 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.
13. CHILDREN – On certain Portugala.com holidays we offer free or reduced price children’s places at many of our accommodation. You should see the appropriate pages in the brochure or web site for full details. Certain conditions apply to children as follows:
• A Free child offer applies to accommodation only. All free or reduced price children must share accommodation with one or two full fare paying passengers.
• In self-catering studios or apartments the adult price is based on the number of full fare paying passengers sharing the accommodation.
• Infants under 2 years, details will be supplied upon enquiry, and payment should be made direct to the apartment/hotel for any services provided, cot, etc.
• Infant and child reduction age limits apply to the child’s age at the date of departure from the UK. It is therefore essential that you put your child’s date of birth on the booking form.
14. BROCHURE AND WEB SITE INFORMATION – We have compiled the information as accurately as possible. However, since we include so much detail and since the brochure and web site is prepared up to twelve months in advance there may be occasions when an advertised facility may be altered or withdrawn for reasons outside our control during your own particular holiday. For example, planned entertainment may be changed or cancelled or during the low season a swimming pool may be closed. Further, the operation of certain amenities and facilities may be subject to local licensing laws or religious holidays. Maintenance and local energy conservation measures may mean that a hotel or apartment limits certain facilities, eg air-conditioning or water supplies; un-seasonal weather conditions can cause electricity failures.
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 from one of our brochures Portugala 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. We reserve the right to alter the brochure 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 or seats to us. Your booking will be made within those allocations but no specific rooms or seats 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.
A fixed administration charge of £25 per person (maximum £100) affected will be payable at the time of the alteration request. In addition, you will have to pay any expenses, costs or charges incurred by ourselves or incurred or levied by our suppliers in making the amendment. We reserve the right to pass on our reasonable costs in addition to the fixed administration charge. You may not amend from a holiday featured in any Portugala.com brochure or web site to any late availability or other special offer holiday.
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 locally. Please remember changing the length of your stay means that aircraft seats may go empty or we may have to buy extra seats and you will have to pay for these. 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 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)
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) | More than 56 days | Deposit only | 29-56 days | 50% or deposit if greater | 22-28 days | 70% or deposit if greater | 0-21 days | 100% | | |
NB! You may be able to make a claim under any insurance policy arranged by us for you 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 fax, or 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.
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