TERMS & CONDITIONS
Terms & Conditions - Online Shop
The present general conditions are an integral part of the travel program presented on our website, in the absence of a separate document the travel contract
The information is binding on the agency unless cumulatively:
• The program expressly provides for it;
• Changes to it are insignificant;
• The change information is provided to the traveler on a lasting basis;
The present general conditions obey the provisions of Decree-Law no. 17/2018 of 8 March.
The General Conditions whose object is an Organized Travel or Related Travel Service included in the 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 travel comprise the travel contract that binds the parts.
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1. Organization
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1.1 The organization of the trips included in this website and their commercialization is the responsibility of Machado & Mendanha Lda, with commercial name Smartrack Tours, with headquarters at Praceta Maria Clementina Borges de Sá, nº 1, 2º left, 8005-547 Faro, NIPC 514463813, with the paid-up capital of € 50.000,00, telephone 289053262, email - info@smartrack.pt
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2. Registration
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Upon registration, the Traveler must deposit 20% of the service price, paying the remaining 80% up to the day of the service.
Smartrack Tours reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above. Reservations are subject to obtaining from suppliers the confirmation of all services.
3. Information under Law No. 1444/2015 of 8 September
In accordance with Law No. 144/2015 of 8 September in its current wording, we inform that the Traveler may resort to the following Alternative Dispute Resolution Entities:
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Ombudsman for Travel and Tourism Agencies in www.provedorapavt.com;
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ii) Arbitral Commission for Tourism of Portugal in www.turismodeportugal.pt.
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4. Complaints
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4.1 Any non-conformity in the execution of a travel service included in the package travel contract must be communicated to the organizing travel agency or retailer in writing or other appropriate form as soon as such non-conformity occurs, that is, without undue delay.
4.2 The right to submit claims for the purpose of price reduction or the right to compensation for non-conformity of the travel services included in the package travel lapses within 2 years.
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5. Baggage
5.1 The agency is responsible for the luggage under the legal terms;
5.2 The Traveler has an obligation to complain to the entity providing the services at the time of removal, deterioration or destruction of baggage.
5.3 In international transport, in case of damage to luggage, the claim must be made in writing to the carrier immediately after the damage has been verified, and at most 7 days after delivery. In case of a mere delay in the delivery of luggage, the claim must be made within 21 days from the date of delivery.
5.4 The submission of such a complaint will be an essential basis for triggering the agency's responsibility over the service provider.
6. Documentation
6.1. The Traveler must have in good order his personal or family documentation, (identity card, military documentation, authorization for minors, visas, vaccination certificate and others possibly required). The agency declines any responsibility for refusing to grant visas or not allowing Travelers to enter a foreign country; the Traveller's account being any and all costs that such situation entails.
6.2. Travel in the European Union:
• Travelers (regardless of age) traveling within the European Union must have the respective civil identification document (Passport; B.I, Citizen Card);
• To obtain medical assistance, they must have the respective European Health Insurance Card;
• Nationals of non-EU countries must consult specific information regarding the necessary documentation to travel with the embassies / consulates of the countries of origin;
6.3. Travel outside the European Union:
• Travelers (regardless of age) traveling outside the European Union must be in possession of the respective civil identification document (passport) as well as the visa if necessary (obtain this information from the agency at the time of booking);
• Nationals of non-EU countries must consult specific information regarding the necessary documentation to travel with the embassies / consulates of the countries of origin;
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7. Changes requested by the client
7.1. If the suppliers of the trip in question allow, whenever a Traveler, registered for a specific trip, wishes to change his enrollment for another trip or for the same departing on a different date, or any other change, he must pay the above fee , as modification expenses. However, when the change takes place 21 days or less in advance of the departure date of the trip, for which the Traveler is enrolled, or if the service providers do not accept the change, they are subject to the expenses and charges provided in the “Traveler's Termination of Contract” clause.
7.2. After the trip or tour has started, if requested to change the contracted services for reasons not attributable to the agency (eg extension of hours, nights, change of destination or number of persons) the prices of tourist services may not correspond to those published in the brochure that motivated the hiring.
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8. Assignment of Registration (contractual position)
8.1 The traveler may cede his position, making himself substituted by another person who
fulfills all the conditions required for the organized trip, provided that he informs the travel and
tourism agency, in writing, up to 24 hours before the scheduled date for the service.
8.2 The assignor and the assignee 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 confirmed by the travel and tourism agency.
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9. Changes to be made by the agency
9.1. Whenever, before the start of the package, (i) the travel and tourism agency is required to
significantly alter any of the main characteristics of travel or tour services,
(ii) or is unable to meet the special requirements requested by the Traveler; (iii) or proposes to
increase the price of package travel by more than 8%, the traveler can, within 7 days:
a) Accept the proposed amendment;
b) Terminate the contract, without any penalty, being reimbursed for the amounts paid;
c) Accept a replacement package proposed by the travel and tourism agency, being refunded in
the event of a price difference.
9.2. 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 change.
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10. Termination of the contract by the agency
10.1. When the trip or tour 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 organized trip, in the case of trips lasting more than six days;
b) 7 days before the start of the organized trip, in the case of trips lasting two to six days;
c) 48 hours before the start of the organized trip, in the case of trips lasting less than two days.
10.2. Before the start of the organized trip or tour, the travel and tourism agency may also terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances.
10.3. Termination of the travel contract by the agency under the aforementioned terms only gives the traveler the right to a full refund of payments made within a maximum period of 14 days after the termination of the travel contract.
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11. Price change
11.1. The prices listed in the program are based on the costs of services and exchange rates in effect at the date of printing of this program, so they are subject to change (price increase or decrease) resulting from changes in the cost of transportation or fuel, taxes, fees and currency fluctuations up to 20 days before the travel date.
11.2. If the increase in question exceeds 8% of the total price of the package, the provision in the clause “CHANGES TO BE MADE BY THE AGENCY” will apply.
11.3. In the event of a price reduction, the travel and tourism agency reserves the right to deduct from the refund to be made to the traveler the corresponding administrative expenses, which at the request of the traveler will be justified.
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12. Refunds
Once the trip has started, no refunds are due for services not used by the Traveler for reasons of force majeure or for reasons attributable to the Traveler, unless reimbursed by the respective suppliers. Failure to provide services foreseen in the travel program for reasons attributable to the organizing agency and if replacement by other equivalents is not possible, gives the Traveler the right to be reimbursed for the difference between the price of the services provided and that actually provided.
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13. Termination of the contract by the traveler
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13.1 The traveler is free to give up the trip at all times before the trip begins.
13.2 Such termination implies that he is responsible for paying all charges to which the beginning of the performance of the contract and its withdrawal will take place, less the reallocation of services and cost savings.
13.3 Where applicable, the Traveler will be reimbursed for the difference between the amount paid and the amounts mentioned above. In the present situation the refund will be made, less charges, within a maximum period of 14 days after the termination of the travel contract.
13.4 The traveler is also entitled to terminate the travel contract before it starts 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 realization of the same or the transport passengers to their destination. The termination of the travel contract in this situation only gives the traveler the right to a full refund of payments made.
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14. Responsibility
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14.1. The travel and tourism agency is responsible for the correct performance of all travel services included in the travel contract.
14.2. When it comes to organized trips and tours, travel and tourism agencies are responsible to Travelers, even though the services must be performed by third parties and without prejudice to the right of return, under the applicable general terms.
14.3. Organizing travel and tourism agencies respond jointly with retail agencies in the case of package travel and tours.
14.4. In the remaining travel services, the travel and tourism agency is responsible for the correct issuance of accommodation and transport tickets and for the culpable choice of service providers, if these have not been suggested by the traveler.
14.5. The travel and tourism agency that intervenes as intermediaries in sales or reservations of individual travel services is responsible for the errors in issuing the respective titles, even in cases resulting from technical deficiencies in the reservation systems attributable to them.
14.6. 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 accepted to book an organized trip or travel services that are part of related travel services, by mistakes made during the booking process.
14.7. 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
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15. Assistance
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15.1. In case of difficulties of the traveler, or when for reasons not attributable to him, he cannot finish the organized trip, the travel and tourism agency will provide the following assistance:
a) Provision of adequate information about health services, local authorities and consular assistance; and
b) Assistance to the traveler in carrying out remote communications and finding alternative travel solutions.
15.2 If the difficulty underlying the request for assistance has been caused by the traveler deliberately or through negligence, the travel and tourism agency may charge a fee in the amount of the costs incurred as a result of providing such assistance.
15.3. 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 traveler. The retail travel and tourism agency is jointly and severally liable for the obligation in question, without prejudice to the right of recourse, under the applicable general terms.
15.4. The cost limitation provided for above does not apply to persons with reduced mobility, their accompanying persons, pregnant women and unaccompanied children, or persons requiring 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.
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16. Insolvency
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In the event of insolvency of the travel and tourism agency, the traveler may resort to the Travel and Tourism Guarantee Fund, and for this purpose he must resort to Turismo de Portugal I.P entity responsible for the respective activation:
Turismo de Portugal, I.P.
Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830
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17. Insurance
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17.1. The liability of the organizing travel agency and the selling agency of this program and arising from the assumed obligations, is guaranteed by civil liability insurance in the insurance company Fidelidade, policy No. 201518576, in the amount of € 6,000,000.00 and under current legislation.
17.2. The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance and cancellation expenses.
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18. VAT
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The prices mentioned in this program already reflect the Value Added Tax at the current rate of 23%.
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19. EXPIRING DATE
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The programs presented on our website are valid until the last travel return date for each of them.
NOTES
• The present general conditions can be complemented by any other specific ones, as long as duly agreed by the parties.
• The prices of the programs are based on the average quotation of the Euro, so any relevant derivation of this currency may imply a revision of travel prices in the terms contained in the “price change” clause.
• Due to the constant changes in the price of fuels over the prices charged, there may be a change in the fuel supplement inserted in the price under the terms of the “price change” clause.
• The categories of hotels and service partners presented in this brochure follow the quality standards of the host country, and they can be changed by similar ones when, for reasons beyond the agency, it is not possible to maintain or confirm the existing reservation, forcing the agency to inform the Traveler as soon as he becomes aware of it.
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GENERAL INFORMATION
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ARRIVAL OR DEPARTURE HOURS
The departure and arrival times are indicated in the local time of the respective country and according to the schedules of the respective partners at the date of printing of this program, which may therefore be subject to change.
HOTELS / APARTMENTS
Apartments - In case the accommodation is hired in an apartment, the Traveler is responsible for informing the number of people who will occupy the apartment. In the event of more people than booked, the apartments may refuse entry. Hotels - The price shown is per person and are based on double occupancy. Not all hotels have a triple room and an extra bed is usually installed which may not be of the same quality. In rooms equipped with two beds or a double, the triple can be made up only of those beds. The list of hotels and apartments included in the programs is indicative as well as their category that respects local criteria and classifications whose criteria are sometimes different from those used in Portugal.
MEALS
Unless otherwise stated, prices shown for Half Board and Full Board supplements do not include drinks. On arrival at the hotel after 7 pm, the first meal service will be breakfast the next day, on the last day and unless there is a possibility of late check-out, the last service of the hotel will be breakfast.
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INPUT AND OUTPUT TIMES
The hours and entry and departure on the first and last day will be defined according to the first and last service. As a rule, non-binding rooms can be used from 2 pm on the day of arrival and must be left free until 12 noon on the day of departure. In the apartments, the entrance usually takes place by 5 pm on the day of arrival and must be left free until 10 am on the day of departure.
SPECIAL CONDITIONS FOR CHILDREN
Given the diversity of conditions applied to children (destination and supplier) it is recommended to always question the special conditions that may be applied to the trip in question.
TRAVEL INSURANCE
Smartrack Tours Agency offers the sale of multi-travel insurance with cancellation of force majeure and supplements that may be purchased depending on the trip to guarantee assistance situations and cancellation expenses.
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CONDITIONS OF USE
When accessing this site know that:
All copyrights, copyright, trademark and others applicable or used in this Website are owned by Machado & Mendanha Lda., with headquarters at Praceta Maria Clemntina Borges de Sá, Nº1, 2º Esquerdo, 8005-547, Faro, and are protected by copyright. All rights that are not expressly granted by this content are reserved rights.
This Website is for your personal, non-commercial use. Copying, altering, distributing, transmitting, exhibiting, reproducing, publishing, transferring or selling any information, products or services obtained through it is prohibited.
Under no circumstances Machado & Mendanha Lda. may be liable, directly or indirectly, for any resulting damage or in any way related to the use of our Website.
Machado & Mendanha Lda. does not guarantee that its web pages will not be interrupted or that there will be no errors.
Machado & Mendanha Lda. reserves the right to insert, change and remove, without prior notice and whatever the cause, any information present on the Website. The user is responsible for reviewing the content whenever consulting or booking trips through it.
To facilitate its accessibility, Machado & Mendanha Lda. may include links to sites on the Internet that are owned or operated by third parties, thus accepting the rules of these if you visit them. In addition, a link to a website other than Machado & Mendanha Lda. does not mean that Machado & Mendanha Lda. supports the website or the products and services referenced there.
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