General Conditions

These contractual General Conditions are intended to establish the terms and conditions that will govern the provision of travel services in addition to any Special Conditions agreed between the Client and the Agency.

1. Object

1.1. These contractual General Conditions are intended to establish the terms and conditions that will govern the provision of travel services organized by Melo, Lda., a company headquartered at Rua de Santa Luzia, 7/11, 9500-114 Ponta Delgada, Azores, Portugal, registered at the Commercial Registry Office of Ponta Delgada, with the unique registration and legal entity number 512 005 133, with a share capital of €360,750.00, with Registration No. 3544, in the National Registry of Travel and Tourism Agencies (RNAVT) (hereinafter referred to as AGENCY), in addition to any Special Conditions agreed between the Client and the AGENCY.
1.2. The terms contained in the Special Conditions, if they exist, prevail over the provisions of these General Conditions, with any additional written stipulations specially agreed between the Client and the AGENCY prevailing over both.
1.3. Services and products are offered to the Client under the terms and conditions expressed herein.
1.4. The information contained in the program is binding for the agency except if cumulatively:
• The Program expressly provides for it;
• The changes to it are insignificant;
• Information about the change is provided to the traveler on a durable medium.
1.5. These general conditions comply with the provisions of Decree-Law 17/2018 of March 8.
1.6. The General Conditions whose object is an Organized Trip or Connected Travel Service contained in this program, the corresponding standardized information sheets and the particular conditions contained in the travel documentation provided to the Traveler at the time of booking the trip constitute the travel contract that binds the parties.
1.7. When contracting with the AGENCY, the Client acknowledges and accepts all the established terms and conditions, also declaring to have expressly taken knowledge of all the documents referred to in 1.6.

2. Registrations

2.1. At the time of registration and booking, the client must make payment of 100% of the total service to be contracted.
2.2. If the trip for which the client registers results from a combined tour operator program and does not result from automatic booking processes, a payment of 25% of the trip price must be made, settling the remaining 75% up to 21 days before the start of the trip.
2.3. Cases where suppliers impose payment conditions different from those set out above are excepted, regardless of booking advance notice, with the conditions of those suppliers prevailing as particular conditions. If applicable, the AGENCY will communicate the amount to be paid as soon as it obtains this information, and it is the client's responsibility to ensure the respective payment to make the booking.
2.4. The AGENCY reserves the right to cancel any registration whose payment has not been made under the above conditions.
2.5. Bookings are subject to obtaining confirmation of all services from suppliers.
2.6. GROUPS: website and catalog prices are not valid for Groups.
A group is understood as:
• Bookings of 10 or more passengers.
• Bookings in several phases, distributing 10 or more passengers traveling together in several individual bookings (to the same destination; hotel/program; same or coinciding dates). The AGENCY reserves the right to recalculate the price of those group trips that have been made individually to benefit from these conditions, as well as to inform the new specific contracting conditions to be applied to these bookings, canceling the affected bookings if the client does not pay the correct amount before departure and accept the new conditions.

3. Information under Law No. 144/2015 of September 8

Under the terms of Law No. 144/2015 of September 8, we inform that the Client may resort to the following Alternative Consumer Dispute Resolution Entities:
• Travel and Tourism Agencies Customer Ombudsman at www.provedorapavt.com;
• Portugal Tourism Arbitration Commission at www.turismodeportugal.pt

4. Individual Service Bookings

4.1. Flight Bookings
4.1.1. The AGENCY provides through its website the possibility of making flight bookings using a global booking system for this purpose, being responsible for such bookings under the terms provided by law.
4.1.2. The responsibility for information regarding availability, schedules, type of equipment, stopovers and airports lies entirely with the airlines.
4.1.3. The client must, before boarding, reconfirm with the airline or with the AGENCY services, the schedule(s) of the flight(s) to be used. The AGENCY is not responsible for schedule changes made by airlines.
4.1.4. Departure and arrival times are indicated in the local time of the respective country and according to the schedules of the respective airlines.
4.1.5. The price information indicated as a search result is based on flight availability at that moment and for at least 1 passenger.
4.1.6. The prices informed may not include additional services such as onboard meals, baggage, check-in, etc., and the client should contact the AGENCY if they do not obtain information at the time of booking.
4.1.7. The AGENCY, in order to reduce travel costs to the client, may offer travel solutions that result from issuing multiple tickets.
4.1.8. Some airlines operate on an equipment sharing system for certain destinations (codeShare) and the flight may be operated by another carrier.
4.1.9. Bookings are made through the AGENCY website with a telephone support line and email service available.
4.1.10. The fares used are normally restrictive and non-refundable, with such information being made available prior to booking.
4.1.11. The issuance of transport tickets establishes the contract with the transport companies, with passengers being subject to the specific transport conditions, which are contained in the respective transport ticket issued.
4.2. Accommodation Booking
4.2.1. The AGENCY provides through its website the possibility of making hotel bookings.
4.2.2. The proposed rates are dynamic and may, if the booking is not made immediately, undergo price changes.
4.2.3. Any special requests will be forwarded to the service provider, but cannot be guaranteed by the AGENCY.
4.2.4. The AGENCY, after booking, payment and good collection of the selected stay, issues a voucher that will be delivered or sent by email to the client which must be presented at check-in.
4.2.5. Hotel categories follow the quality standards of the host country, and they may be changed to similar ones when for reasons beyond the agency's control it is not possible to maintain or confirm the existing booking, with the agency being obliged to inform the client as soon as it becomes aware of this.
4.2.6. The requested services are subject to availability from the respective suppliers and cannot be considered booked until confirmation is obtained from the service supplier.
4.3. Activities (excursions, tours, transfers and other services).
4.3.1. Suppliers distribute their fleet by groups, with the brand and model of vehicles associated with a particular group being merely indicative, with only the reserved group being guaranteed in the booking.
4.3.2. The client, by accepting the booking, is subject to the service provision conditions of the contracted rental company.
4.3.3. The client is responsible for paying any extras contracted locally and not considered in the initially informed price.
4.3.4. The requested services are subject to availability from the respective suppliers and cannot be considered booked until confirmation is obtained from the service supplier.
4.4. Activities (excursions, tours, transfers and other services).
4.4.1. The client, by accepting the booking, is subject to the service provision conditions of the contracted company.
4.4.2. The AGENCY provides on its website multiple products that can be booked automatically and autonomously or through the support line.
4.4.3. The requested services are subject to availability from the respective suppliers and cannot be considered booked until confirmation is obtained from the service supplier.

5. Complaints

5.1 Any non-conformity in the execution of a travel service included in the organized travel contract must be communicated to the organizing or retail travel agency in writing or other appropriate form as soon as such non-conformity occurs, that is, without unjustified delay.
5.2 The right to file complaints for the purpose of price reduction or right to compensation for lack of conformity of travel services included in the organized trip expires within 2 years.

6. Baggage

6.1. The AGENCY is responsible for baggage under legal terms.
6.2. The client has the obligation to complain to the service provider entity at the time of theft, deterioration or destruction of baggage.
6.3. In international transport, in case of baggage damage, the complaint must be made in writing to the carrier immediately after verification of the damage, and at most 7 days from its delivery. In case of mere delay in baggage delivery, the complaint must be made within 21 days from the date of its delivery.
6.4. The presentation of such complaint is provided for in International Conventions and is essential for triggering the AGENCY's responsibility over the service provider entity.

7. Limits

7.1. The AGENCY's liability will be limited to the maximum amount required from service provider entities, under the terms of the Montreal Convention of May 28, 1999, on International Air Transport, and the Bern Convention of 1961, on Railway Transport.
7.2. Regarding maritime transport, the liability of travel agencies, in relation to their clients, for the provision of transport services, or accommodation, when applicable, by maritime transport companies, in case of damages resulting from willful misconduct or negligence thereof, will have the following amounts as limits:
• €441,436.00 in case of death or bodily injury;
• €7,881.00 in case of total or partial loss of baggage or its damage;
• €31,424.00 in case of loss of motor vehicle, including baggage contained therein;
• €10,375.00 in case of loss of baggage, accompanied or not, contained in motor vehicle;
• €1,097.00 for baggage damage, as a result of motor vehicle damage.
7.3. When it exists, the liability of travel and tourism agencies for deterioration, destruction and theft of baggage or other items, in tourist accommodation establishments, while the client is staying there, has the following limits:
• €1,397.00 globally;
• €449.00 per item;
• The value declared by the client, regarding items deposited in the custody of the tourist accommodation establishment.
7.4. The AGENCY's liability for non-bodily damages may be contractually limited to the value corresponding to three times the price of the service sold.

8. Booking and Amendment Fees and Expenses

For each booking, expenses will be charged according to information to be provided by the travel agency at the time of booking. For each change (names, dates, type of apartment or room, trips, etc.) €25.00 will be charged. The acceptance of such changes depends on acceptance by the respective suppliers.
In some destinations, there are local entry and exit taxes to be paid locally, which must be informed before booking.
Some cities charge a tourist tax, which is informed before booking. As a general rule, this amount is not included in the accommodation price and must be paid locally.

9. Documentation

9.1. The client must have in good order their personal or family documentation (identity card, military documentation, authorization for minors, visas, vaccination certificate and others eventually required). The AGENCY declines any responsibility for the refusal to grant visas or the non-permission of entry to the client in a foreign country; being also at the client's expense any and all costs that such situation may entail.
9.2. Travel within the European Union:
I. Clients (regardless of age) who travel within the European Union must possess the respective civil identification document (passport; ID card, Citizen Card);
II. To obtain medical assistance they must carry the respective European Health Insurance Card;
III. Nationals of non-EU countries must consult specific information regarding the documentation necessary for travel at the embassies/consulates of their countries of origin.
9.3. Travel outside the European Union:
I. Clients (regardless of age) who travel must possess the respective civil identification document (passport) as well as a visa if necessary (obtain such information from the AGENCY at the time of booking);
II. Nationals of non-EU countries must consult specific information regarding the documentation necessary for travel at the embassies/consulates of their countries of origin.
9.4. Minors who travel together with their parents or authorized by them with other adults, are required to hold their own identification document; citizen card or identity card and passport.
9.5. Some countries for which passport presentation is required, require that its validity be more than 6 months after the departure date from the destination country.

10. Changes Requested by the Client

10.1. If the suppliers of the trip in question allow it, whenever a client, registered for a particular trip, wishes to change their registration to another trip or to the same one with departure on a different date, or any other change, they must pay a fee, plus the expenses associated with that change.
10.2. However, when the change takes place 21 days or less in advance of the departure date of the trip for which the client is registered, or if the service suppliers do not accept the change, they are subject to the expenses and charges provided for in the section Contract Termination by the Client.
10.3. After the trip has started, if a change to the contracted services is requested for reasons not attributable to the AGENCY (e.g. extension of nights of stay, flight change) the prices of tourist services may not correspond to those published in the brochure or proposal that motivated the contracting.

11. Transfer of Registration (Contractual Position)

11.1. The client may transfer their registration, being replaced by another person who meets all the conditions required for the trip, provided they inform the AGENCY, in writing, at least seven consecutive days in advance of the scheduled start date of the trip.
11.2. The transferor and the transferee are jointly responsible for payment of the outstanding balance and for the fees, charges or additional costs arising from the transfer, which will be duly informed and proven by the AGENCY.

12. Changes to be Made by the AGENCY

12.1. Whenever, before the start of the organized trip:
I. The AGENCY is obliged to significantly alter any of the main characteristics of the travel services;
II. Or cannot meet the special requirements requested by the Traveler;
III. Or proposes to increase the price of the organized trip by more than 8%,
The Traveler may, within 24 Hours:
I. Accept the proposed change;
II. Accept the organized trip proposal replaced by the travel and tourism agency, if it is more expensive they must pay the difference, but if it is cheaper the travel and tourism agency will make the appropriate refund;
III. Terminate the contract, without any penalty, being refunded the amounts paid.
12.2. The absence of response from the traveler within the deadline set by the AGENCY will imply tacit acceptance of the proposed change.

13. Contract Termination by the AGENCY

13.1. 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 below the minimum. In these cases, the client will be informed in writing of the cancellation within:
• 20 days before the start of the organized trip, in the case of trips lasting more than six days;
• 7 days before the start of the organized trip, in the case of trips lasting two to six days;
• 48 hours before the start of the organized trip, in the case of trips lasting less than two days.
13.2. Before the start of the organized trip, the AGENCY may still terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances.
13.3. The termination of the travel contract by the AGENCY under the terms referred to above only gives the traveler the right to full refund of payments made within a maximum period of 14 days after termination of the travel contract, with no right to any compensation.

14. Price Change (Organized Trips)

14.1. The listed prices are based on service costs and exchange rates in effect at the date of publication, so they are subject to changes resulting from variations in transport or fuel costs, duties, taxes, fees and exchange rate fluctuations up to 20 days before the travel date.
14.2. If the increase in question exceeds 8% of the total price of the organized trip, the provisions of the clause Changes to be made by the AGENCY will apply.
14.3. In case of price reduction, the Agency reserves the right to deduct from the refund to be made to the traveler the corresponding administrative expenses, which will be justified upon request by the traveler.

15. Refunds

After the service has started, no refund is due for services not used by the client for reasons of force majeure or for reasons attributable to the client, except for refunds by the respective suppliers. The non-provision of planned services for reasons attributable to the organizing agency and if it is not possible to substitute them with equivalent ones, gives the client the right to be refunded for the difference between the price of the planned services and those actually provided.

16. Contract Termination by the Client

16.1. The Client or any of their companions is free to withdraw from the trip at any time.
16.2. Such termination implies that they are responsible for payment of all charges arising from the start of contract performance and their withdrawal, minus service reallocation and cost savings.
16.3. When applicable, the client will be refunded for the difference between the amount paid and the amounts referred to above. In this situation, the refund will be made, deducted from the termination fee, within a maximum period of 14 days after termination of the travel contract.
16.4 The traveler also has the right to terminate the travel contract before its start without paying any termination fee, if unavoidable and exceptional circumstances occur at the destination or in its immediate vicinity that considerably affect its realization or the transport of passengers to the destination. Termination of the travel contract in this situation only gives the traveler the right to full refund of payments made.

17. Liability

17.1. The AGENCY is responsible for the correct execution of all travel services included in the travel contract.
17.2. When dealing with organized trips, the AGENCY is responsible to Travelers, even if the services must be performed by third parties and without prejudice to the right of recourse, under the applicable general terms.
17.3. Organizing travel and tourism agencies are jointly liable with retail agencies, in the case of organized trips.
17.4. For other travel services, the AGENCY is responsible for the correct issuance of accommodation and transport tickets and also for the negligent choice of service providers, if these have not been chosen by the traveler.
17.5. The AGENCY that acts as an intermediary in sales or bookings of individual travel services is responsible for errors in issuing the respective tickets, even in cases arising from technical deficiencies in booking systems attributable to them.
17.6. The AGENCY is responsible for any errors due to technical deficiencies in the booking system attributable to it and, if it has agreed to proceed with booking an organized trip or travel services that are part of connected travel services, for errors committed during the booking process.
17.7. The AGENCY is not responsible for booking errors that are attributable to the traveler or that are caused by unavoidable and exceptional circumstances.

18. Assistance

18.1. In case of traveler difficulties, or when for reasons not attributable to them, they cannot complete the organized trip, the AGENCY will provide the following assistance:
I. Provision of adequate information about health services, local authorities and consular assistance;
II. Assistance to the traveler in making long-distance communications and finding alternative travel solutions.
18.2. If the difficulty that justifies the assistance request has been caused by the traveler deliberately or through negligence, the AGENCY may charge a fee equal to the costs it incurred by virtue of providing such assistance.
18.3. If due to unavoidable and exceptional circumstances, the traveler cannot return, the organizing AGENCY is responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per traveler. The retail AGENCY is jointly responsible for the obligation in question, without prejudice to the right of recourse, under the applicable general terms.
18.4. The cost limitation provided above does not apply to people with reduced mobility, nor to their companions, to pregnant women and unaccompanied children, nor to people who need 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 organized trip.

19. Insolvency

In case of insolvency of the travel and tourism agency, the traveler can resort to the Travel and Tourism Guarantee Fund, and for this purpose must contact Turismo de Portugal I.P, the entity responsible for its activation:
Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830
info@turismodeportugal.pt

20. Insurance

20.1. The AGENCY also provides the sale of insurance that may be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
Notes:
• The remaining special conditions will be included in the brochure of each specific destination and trip - particular conditions that are part of the travel contract.
• These general conditions may be complemented by any other specific ones provided they are duly agreed by the parties.
• Program prices are based on the average dollar quotation, so any relevant deviation of this currency may imply a revision of trip prices under the terms contained in the price change clause.
• Due to constant changes in fuel prices on practiced prices, there may be changes to the fuel supplement included in the price under the terms contained in the price change clause.
• The photographs and maps reproduced in the catalog/website are intended solely to offer greater information to Clients. In case any type of modification occurs in the establishments, it cannot be considered as misleading advertising by the Organizing Agency.
• The Organizing AGENCY is not responsible for changes in Direction/Management of hotels contained in the catalog/website after its publication, as well as the repercussions and/or consequent changes it originates (name, services, establishment category, partial closure of facilities, etc.) which in any case, will be promptly communicated to the user.

General Information

Arrival or departure times
Departure and arrival times are indicated in the local time of the respective country and according to the schedules of the respective airlines at the date of booking, and may therefore be subject to change.
On trips that include bus transport, the indicated times are approximate.
Meals
Unless otherwise indicated, drinks are not included in lunches or dinners provided in the respective travel programs (full board and/or half board regimes).
Any specific request from the Client regarding meals is always dependent on supplier confirmation and may involve payment of a supplement.
On all trips with breakfast, half board or full board regime, meals that coincide with flight times, with transport to and from the airport or with waiting for air connections are not included.
For hotel arrivals after 7 pm, the first meal service will be breakfast the next day, on the last day and except for the possibility of late check-out, the last hotel service will be breakfast.
Check-in and check-out times
Check-in and check-out times on the first and last day will be defined according to the first and last service. As a rule, without binding character, rooms can be used from 2 pm on the arrival day and must be vacated by 12 pm on the departure day.
In apartments, check-in generally occurs at 5 pm on the arrival day and must be vacated by 10 am on the departure day.
Special conditions for children
Given the diversity of conditions applied to children (destination and supplier), it is recommended to always ask about the special conditions that may be applied to the trip in question.