Terms of Use

and General Conditions

These general conditions comply with the provisions of DL No. 17/2018 of March 08th. The General Conditions, the object of which is an Organized Trip or Related Travel Service contained in this program, the corresponding Standardized Information Sheets and the Specific Conditions contained in the travel documentation provided to the Traveller at the time of booking the trip, and constitute the contract of trip that binds the parties.

ORGANIZATION

The organization and marketing of journeys included in this programme / brochure is from Onvicta.com - Paulo A. Frutuoso Carvalho Lda., Headquaters in Avenida 25 de Abril Nº 198 R/C, 4760-101 Vila Nova de Famalicão NIPC 509350291, RNAVT No. 3831, with paid-up share capital of € 5,000, registered at the Conservatory of the Commercial Registry of Vila Nova de Famalicão with the unique registration number and corporate number 509350291 and with telephone number 252310109, e-mail vnf.lowcost@gmail.com below referred as Onvicta - Travel.



REGISTRATIONS

i. Upon registration, the Traveler must deposit 40% of the price of the service, settling the remaining 60% up to 21 (twenty-one) days before the start of the service.

ii. If the registration is made 21 (twenty-one) days or less from the date of commencement of the service, the price of the service must be paid at the registration.

iii. The Onvicta - Travel reserves the right to cancel any registration for which payment has not been made under the above conditions.

iv. Reservations are subject to confirmation of all services by suppliers.



ALTERNATIVE RESOLUTION ENTITIES OF CONSUMMER DISPUTES

Under the terms of Law No. 144/2015 of 8 September, in your newsroom, we inform that the traveler may resort to the following Alternative Dispute Resolution Entities:

i. Arbitral Commission for Tourism of Portugal in www.turismodeportugal.pt

ii. Other Alternative Consumer Dispute Settlement Entities appearing on the list provided by the consumer portal in www.consumidor.pt

iii. Travel Agency Customer provider (when the travel agency is a member of APAVT-Portuguese Association of Travel Agencies) in www.provedorapavt.com



CLAIMS

i. Any non-compliance in the performance of a service included in the package travel contract must be reported to the organizing or retail travel agency in writing or otherwise as soon as such non-compliance occurs, ie without undue delay, in accordance with Article 28. DL No. 1/2018 of March 8th.

ii. The right to lodge claims for the purpose of price reduction or the right to compensation for non-compliance of travel services included in the package travel shall expire within two (2) years, pursuant to article 28, paragraph 5 of DL no. 2018 of March 8.



BAGGAGE

i. The agency is responsible for Traveller’s luggage under the law.

ii. The Traveller has an obligation to complain to the service provider at the time of baggage removal, deterioration or destruction.

iii. In international transport, in case of damage to the luggage, the complaint must be made in writing to the carrier immediately after the damage has been verified, and no later than 7 (seven) days after its delivery. In case of mere delay in the delivery of luggage, the claim must be made within 21 (twenty-one) days from the date of delivery.

iv. The filing of such a complaint will be an essential basis ground for the liability of A Onvicta - Viagens - Lda. To the entity providing the service.



LIABILITY LIMITS

i. The liability of the Agency shall be limited to the maximum amount required of service providers under the Montreal Convention of 28 May 1999 on International Air Transport and the Berne Convention of 1961 on Rail Transport.

ii. With regard to maritime transports, the liability of travel agents, with respect to their Travelers, for the provision of transport services or accommodation, where appropriate, by maritime transport companies in the event of damage resulting from intent or negligence thereof will have, in accordance with article 36. No. 2 of DL no. 17/2018 of 8 March, as limits the following amounts:
a) € 441,436 (four hundred and forty one thousand four hundred and thirty six euros), in the event of death or personal injury;
b) € 7,881 (seven thousand eight hundred and eighty one euros), in case of total or partial loss of luggage or damage to it;
c) € 31,424 (thirty one thousand four hundred and four hundred and four), in case of loss of motor vehicle, including the luggage contained therein;
; d) € 10,375 (ten thousand three hundred and seventy five euros), in case of loss of luggage, accompanied or not, contained in a motor vehicle;
e) € 1,097 (one thousand and ninety seven euros), for damage to luggage, as a result of damage to the motor vehicle.

iii. Where travel and tourism agencies are responsible for deterioration, destruction and subtraction of luggage or other articles in tourist accommodation establishments, while the Traveller is housed therein, is in accordance with Article 36 (3) of DL 17/2018 of 8:
a) € 1,397.00 (one thousand three hundred and ninety seven euros), globally;
b) € 449.00 (four hundred and forty nine euros) per article;
c) The value declared by the Traveller, in respect of the articles deposited in the custody of the tourist accommodation establishment.

iv. The agency's liability for non-bodily harm is contractually limited to three times the price of the service sold.



DOCUMENTATION

i. The traveller must have all his personal or family documentation valid:
• Citizen Card
• Passport
• Authorization for minors (when necessary)
• Visa (when needed)
• Vaccine certificate (Visa when required)
• And others eventually required
• The agency declines any responsibility for refusing to grant visas or not allowing entry to the traveller in a foreign country; the traveller is also responsible for any costs that such situation entails.

ii. Travel within the European Union:
• Travelers (regardless of age) traveling within the European Union must be in possession of their civil identification document (Passport, Citizen Card);
• To obtain medical assistance they must have their European Health Insurance Card;
• The Nationals of non-EU countries should consult specific information regarding the documentation required for travel to embassies / consulates of the countries of origin

iii. Travel outside the European Union:
• Travelers (regardless of age) traveling outside the European Union must be in possession of their civil identification (passport) and visa if required (obtain such information from the agency at the time of booking);
• The nationals of non-EU countries should consult specific information regarding the documentation required for travel to embassies / consulates of the countries of origin.



RESERVATION AND ALTERATION EXPENSES

i. The following funds will be charged for each reservation under the concept of reserve expenses:
• Portugal: € 20
• Other countries: € 20

ii. Expenses for changes:
• For each change (names, dates, type of apartment or room, trip, etc.): €100.00.
• Acceptance of such changes depends on acceptance by the respective suppliers.



CHANGES REQUESTED BY THE TRAVELER

i. If the suppliers of the trip concerned allow, whenever a Traveler, registered for a particular trip, wishes to change his or her registration for another trip or departing on a different date or any other change, he / she shall pay the above fee. , such as amending expenses. However, when the change takes place 21 (twenty-one) days or less prior to the departure date of the trip to which the Traveler is registered, or if the service providers do not accept the change, subject to expenses and charges provided for in the Traveler Termination of Contract” clause.

ii. After initiation of the trip, if requested to change the services hired for reasons not attributable to the agency (eg extension of nights of stay, change of flight) the prices of tourist services may not correspond to those published in the leaflet that motivated the hiring.



AMENDMENTS TO BE MADE BY THE AGENCY

i. Whenever, before the start of the organised journey,
(i) The travel and tourism agency is required to significantly change some of the key features of travel services;
(ii) or fails to meet the special requirements requested by the Traveller;
(iii) or propose to increase the price of the package by more than 8%, the traveller may, within 02 (two) days:
a) Accept the proposed amendment;
b) Terminate the contract, without penalty, being reimbursed of the amounts paid;
c) Accept a replacement travel package proposed by the travel agency being refunded in case of price difference.

ii. Failure by the traveller to respond within the time limit set by the travel agency will imply tacit acceptance of the proposed amendment / cancellation of the trip with the respective termination fees provided for in the clause (TERMINATION OF TRAVELER TRAVEL AGREEMENT )



ASSIGNEMENT OF CONTRACTUAL POSITIONL

i. The Traveller may, in accordance with article 22 no. 1 of DL no. 17/2018 of 8 March, assign his position, being replaced by another person who fulfils all the conditions required for the organized trip, provided to inform the travel agency in writing up to seven days in a row before the scheduled departure date.

ii. The assignor and the assignee, pursuant to article 22, paragraph 2 of DL no. 17/2018 of 8 March, are jointly and severally liable for the payment of the outstanding balance and the fees, charges or additional costs arising from the assignment. , which will be duly informed and proven by the travel and tourism agency.



TERMINATION OF THE TRAVEL CONTRACT ORGANISED BY THE AGENCY

i. Where travel is dependent on a minimum number of participants, the Agency reserves the right to cancel the package if the number of participants reached is less than the minimum. In such cases, the traveler will be informed in writing of the cancellation within:
a) 20 (twenty) days prior to the beginning of the package, in the case of trips longer than six days
; b) 7 (seven) days before the beginning of the organized trip, in the case of trips lasting from two to six days
c) 48 (forty-eight) hours prior to the commencement of the package, in the case of trips shorter than two hours

ii. Prior to the commencement of the organized trip, the travel agency may also terminate the contract if it is prevented from performing the contract due to unavoidable and exceptional circumstances.

iii. The termination of the travel contract by the agency under the above terms only entitles the traveler to full reimbursement of payments made no later than 14 (fourteen) days after the termination of the travel contract pursuant to Article 27 (5). of DL No. 17/2018 of 8 March.



REFUNDS

After the journey is initiated it is not due any reimbursement for services not used by the traveler for reasons of force majeure or any cause attributed to the Traveler, unless reimbursed by respective suppliers. The non-provision of services provided for in the travel program for causes attributable to the organizing agency, and if it is not possible to replace them with other equivalents, entitles the traveller the right to be reimbursed for the difference between the price of the services envisaged and that of those actually provided.



CHANGE OF PRICE

i. The prices listed in the program are based on the service costs and exchange rates prevailing at the date of creation / printing of this program and are therefore subject to change (price increase or reduction) pursuant to article 29 of DL n. 17/2018 of 8 March, resulting from variations in the cost of. Transportation or fuel, taxes, fees and currency fluctuations up to twenty (20) days prior to the travel date.

ii. If the increase in question exceeds eight per cent (8%) of the total price of the organized travel, the provisions of the clause shall apply CHANGES TO BE MADE BY THE AGENCY.

iii. In the event of a price reduction, the travel agency reserves the right to deduct from the reimbursement the traveller’s related administrative expenses, which shall be justified at the traveller’s request.



TRAVEL CONTRACT TERMINATION BY THE TRAVELAR

i. The traveller may terminate the travel contract at any time prior to the commencement of trip, in accordance with Article 25 (1) of DL 17/2018 of 8 March.

ii. In the event of termination of the contract pursuant to the preceding paragraph, pursuant to article 25. No. 2 of DL No. 17/2018 of 8 March, the traveller will pay a termination fee as follows:
a) (to be determined according to the early date of termination, the cost and revenue savings resulting of redeployment of travel services).

iii. Such termination implies that he will be responsible for paying all charges incurred in initiating and withdrawing from the contract, less redeployment of services and cost savings.

iv. When appropriate, the Traveller will be reimbursed for the difference between the amount paid and the above amounts mentioned. In the present situation the reimbursement will be made, deducted from the termination fee, within a maximum of 14 (fourteen) days after the termination of the travel contract, pursuant to article 25 no. 7 of DL no. 17/2018 of 8 March.

v. The Traveller is also entitled to terminate the travel contract prior to commencement of the travel without paying any termination fee if there are unavoidable and exceptional circumstances at or near the place of destination that considerably affect the performance of the contract or the transport of passengers to their destination, pursuant to article 25, no. 4 of DL no. 17/2018 of 8 March.

vi. The termination of the travel contract under the above terms only gives the traveller the right to full reimbursement of payments made pursuant to article 25. No. 5 of DL No. 17/2018 of 8 March.



ASSISTANCE TO TRAVELERAS

i. In the event of a traveller’s difficulties, or when for reasons not attributable to him, he cannot finish the organized trip, the travel agency is obliged to assist him, in particular:
a) Providing adequate information on health services, local authorities and consular assistance;
b) Assisting the traveler in conducting remote communications and finding alternative travel solutions.

ii. The travel and tourism agency may charge a fee in the amount of the costs incurred as a result of provision of such assistance if the difficulty underlying the request for assistance was caused by the traveler deliberately or by negligence, but may not exceed the costs actually incurred by the agency.

iii. If, due to unavoidable and exceptional circumstances, the traveller is unable to return, the organizing travel and tourism agency shall be responsible for ensuring the necessary accommodation costs, if possible of equivalent category, for a period not exceeding three nights per traveller.

iv. The retail travel and tourism agency shall be jointly and severally liable for the obligation in question, without prejudice to the right of return in the general terms applicable.

v. The above cost limitation does not apply to persons with reduced mobility, their accompanying persons, pregnant and unaccompanied children, or persons in need of specific medical care, provided that the travel and tourism agency has been notified of such specific needs at least 48 hours before the start of the package trip.



TRAVEL AGENCY RESPONSIBILITY

i. The travel and tourism agency is responsible for the correct execution of all travel services included in the travel contract.

ii. In the case of package travel, travel agencies are responsible to travellers, even if the services must be performed by third parties and without prejudice to the right of return, in accordance with the applicable general terms.

iii. Organizing travel and tourism agencies respond jointly with retail agencies in the case of package travel.

iv. In the other travel services, the travel agency is responsible for the correct issuance of accommodation and transport permits and for the wrong choice of service providers, if these have not been suggested by the traveller.

v. The travel and tourism agency that acts as an intermediary in sales or bookings of single travel services is liable for errors in the issuance of their securities, even in cases of technical deficiencies in the booking systems attributable to them.

vi. The travel agency shall be liable for any errors due to technical deficiencies in the booking system attributable to it and, if it has agreed to book an organized travel or travel services that are part of related travel services, the mistakes made during the booking process.

vii. The travel agency is not responsible for booking errors that are attributable to the traveller or caused by unavoidable and exceptional circumstances.



INSOLVENCY

In the event of insolvency of the travel and tourism agency, the traveller may resort to the Travel and Tourism Guarantee Fund, and to this end should resort to 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 E-mail: info@turismodeportugal.pt



INSURANCE

The responsibility of the organizer travel agency/ seller of this program emerging from the obligations assumed, is guaranteed by liability insurance in the Company Zurick, policy No. 006388430, in the amount of € 75,000 and in accordance with current legislation.

ii. The agency also offers the sale of insurance that can be purchased depending on the trip to guarantee assistance situations and cancellation expenses.



TAXES

The prices mentioned in this program reflect the predicted of DL 221/85 of 3 July, I. V. A. in the margin.



VALIDITY OF THE PROGRAM

This program is valid from 01/01/2019 to 31/12/2020



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