Terms and Conditions
1. Purpose and Organization
1.1 These General Contract Conditions are intended for the establishment of the terms and conditions that govern the organized travel services provided by TAKINGUTHERE NEW TRAVEL EXPERIENCES (T.U.T. TRAVEL, Lda). With its headquarters at Rua de Campolide, nº 27 – 4º Esquerdo in Lisbon, registered at Lisbon´s Commercial Registry Office under the registration number 510 829 112. TAKINGUTHERE is also registered with the registration number 4266 (RNAVT), and with the registration number 340/2013 (RNAAT) in the National Registry of Travel Agencies and Tourism, hereinafter referred to as “Agency” in complement to any eventual Special Conditions agreed between the Client and the Agency, and the program delivered to the client.
1.2 The terms referred to in the Special Conditions, if any, shall prevail over the provisions of these in the General Contract Conditions. Any additional written stipulations agreed between the Client and the Agency will prevail, as well as all regulatory provisions that conflict with the General Contract and Special Conditions.
1.3 The services and products are offered to the Client under the terms and conditions set forth herein.
1.4 The organization and sale of Tours/Trips undertaken under these General Contract Conditions is the responsibility of the Agency.
1.5 When booking with the Agency, the Client acknowledges and accepts all terms and conditions, and in doing so demonstrates its acceptance.
2 (A). Booking for organized trips in Portugal and/or Morocco (longer than 1 day)
2.1 Upon booking, the Client deposits 30% of the trip´s total price. Liquidating the remaining 70% until 30 days prior to beginning of the journey.
2.2 If the trip´s booking is done 30 days before the departure date, or less, the total price must be paid at registry, this being conditioned by the Agency obtaining reservation confirmation for all services.
2.3 In case of the Client not fulfilling the clauses 2.1 and 2.2, the Agency reserves the right to cancel the booking. Allowing the possibility of no refund if the amounts already paid match or exceeds the expenses already made by the Agency plus 15% of the total price of the trip.
2.4 Without prejudice to the preceding paragraphs, the Client´s booking shall only be considered valid, after receipt at the Agency’s services of the duly completed Application Form and proof of payment in accordance with clause 17.
2.5 For each trip, there is a detailed description of what is, or is not, included. You can find that in our site www.takinguthere.com . Obviously, we can adapt each tour to your specific preferences and needs.
2 (B). Booking for all Day-Tours
2.1 Upon booking, the Client pays the tour´s total price.
2.2 In case of the Client not fulfilling the clause 2.1, the Agency reserves the right to cancel the booking. Please see cancelation policy in clause 7.
2.3 Without prejudice to the preceding paragraphs, the Client´s booking shall only be considered valid, after receipt at the Agency’s services of the duly completed Application Form and proof of payment in accordance with clause 17.
2.4 For each tour, there is a detailed description of what is, or is not, included. You can find that in our site www.takinguthere.com . Obviously, we can adapt each tour to your specific preferences and needs.
3. Price Changes
3.1 The Agency has the right to up to 20 days before the Tour/Trip´s starting date. To change the price of the Tour/Trip, if this increase is due to variations in the cost of transportation or fuel, legal rights, taxes, chargeable fees or currency fluctuations being obligated to communicate this in writing, or any other recordable form, to the Client.
3.2 The amendment will be calculated in proportion to price changes of the elements that are the basis of influencing it.
3.3 Non-acceptance of the Tour/Trip´s price increase, under the law, gives the Client the right to cancel its booking on the same terms and conditions contained in Clause 10 – Impossibility to Comply.
Without prejudice to Clause 10 – Impossibility to Comply, after the Tour/Trip has started, there will not be due refunds for unused services by the Client. Failure to provide services in the Tour/Trip´s programme, for reasons not attributable to the Agency, and not being possible to replace them by other equivalent services, gives the Client the right to be reimbursed for the price difference between the agreed services and the one effectively provided.
5. Assignment of Contractual Position
5.1 The Client may transfer the booking. Another person, who satisfies all the conditions required for the Tour/Trip, can replace the client. Provided it notifies the Agency in writing, or any other recordable mean, at least 7 days in advance and that, the different service providers included in the Tour/Trip accept the replacement.
5.2 For the Tour/Trip, in case the transfer is for a Client of the opposite gender, there might be a supplemental charge for individual accommodation for the journey. Or a charge of the same nature, if there is no possibility of matching the new Client with another person.
5.3 The booking transfer makes the transferor and the transferee solely liable to pay the price and additional charges originated by the transfer.
6. VAT Tax
The Value Added Tax (VAT) applicable at the Tour/Trip´s is included in the price of the service.
7. Cancelling/Changes for trips and/or tours
7.1 Cancelations for day-tours in Portugal
At any given time, the Client may cancel the tour by providing a written notice to the Agency, being entitled for the following refunds:
a) Cancelling tour 15+ days prior to the starting date, client will receive a 100% refund, less the bank´s Service Fee of 5.6%;
b) Cancelling tour between 14 – 07 days prior the starting date, client will receive a 90% refund;
c) Cancelling tour between 06 – 03 days prior to the starting date, client will receive a 60% refund;
d) Cancelling tour 48 hours (02 days) prior to the starting date, client will receive 0% refund.
7.2 Cancelations for trips in Portugal & Morocco (longer than 1 day)
At any given time, the Client may cancel the trip: The client must provide a written notice to the Agency, being entitled for the refund of all sums paid, deducting the following expenses:
a) Proven management fees that the Agency has had plus a corresponding 15% of the journey´s total price;
b) Proven expenses for the annulment of reservations that are not refundable from suppliers in particular hotels and carriers;
c) Expenses related to travel insurances that were underwritten by the Client and which are not refundable.
7.3 Tour/Trip changes by Clients:
The Agency shall not be required to refund any amount paid by the client who must leave a Tour/Trip prematurely for any reason. Nor shall the Agency, or its affiliates and partners, be responsible for lodgings, meals, return transportation, or other expenses incurred by such clients. Refunds will be issued only when the Agency fails to provide a service, or if the provided service differs significantly from what was offered to the client at the time of booking. No refunds will be issued if the client is unsatisfied with a portion of a tour or with a particular service, such as a hotel room. It is the sole responsibility of the client, to become acquainted with details about the booking made.
The Agency is not responsible for any injury, loss, death, inconvenience, delay, or damage to personal property in connection with the provision of any goods or services. Whether resulting from, but not limited to, acts of God or force majeure, epidemics, pandemics, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind. In addition, the Agency is not responsible for food poisoning, mechanical or other failure of the means of transportation, or for failure of any transportation mechanism to arrive or depart to the meeting point on time.
8.1 In case of a complaint, the Client must submit it in writing or any other recordable form. It will have to be send to the Agency within a period not exceeding 20 days after the end of the Tour/Trip, or the date on which it would have ended in case it would have occurred.
8.2 Notwithstanding the preceding clause, the Client may submit the complaint through the Complaints Book.
8.3 In case of a claim for breach of the contracted services, the Client can still make use of the Arbitration Centre or the Guarantee Fund for Travel and Tourism. To do so, submit an application requesting the intervention of the arbitration committee, accompanied by proof of the alleged facts.
8.4 Under the preceding clause, the request must be made within a period not exceeding 30 days after:
a) The term of the Tour/Trip;
b) The cancellation of the Tour/Trip attributable to the Agency;
c) The acknowledgement date of the impossibility for the Tour/Trip’s realization for reasons attributable to the Agency
d) The closure of the Agency.
9.1 Where there are proven grounds that are justified, the Agency may change the conditions contained in the Tour/Trip. i.e. the order of the route, the time of departure or replace any of the accommodations provided by other of similar category and location, as long as these changes are communicated in writing to the Client.
9.2. Without prejudice to clause 10.1, if the programme´s preconditions are changed or if unforeseen circumstances force them to suspend or interrupt the Tour/Trip. The Client will always be entitled to a refund of the sum paid, less the bank Service Fee of 5.6%.
9.3 In accordance with the preceding clause, the Client may accept a written amendment to the contract and possible changes in price and should communicate it to the Agency within 7 days of the notice received, provided in Section 9.1
10. Impossibility to Comply
10.1 If by facts not attributable to the Agency, it is unable to comply with any essential service contained in the Tour/Trip’s programme, the Client can cancel the Tour/Trip. The Client will b immediately refunded of all the sums paid, or alternatively accept a change to services and price, having to inform the Agency within the period referred to in point 9.3
10.2 If by facts that are not attributable to the Agency, the Agency must determine the cancellation of the journey, the Client may choose to participate in another Tour/Trip, accepting an amendment to the contract and any possible price change.
10.3 If the price of the proposed Tour/Trip is lower, the Client will be refunded for the corresponding difference.
10.4 There will be no reimbursement for services that, although being available to the Client, it chooses not to use.
11. Minimum Number of Participants
11.1 The Agency reserves the right to cancel the Tour/Trip if the number of participants is less than that defined in the program. In these cases, the Client will be informed in writing at least 5 days prior to the departure date, being the Agency not responsible for the cancelation.
11.2 Under the preceding clause, the Client is entitled to the reimbursement of all sums paid, less the bank Service Fee of 5.6%.
12.1 The Client must have all personal or family documents (identity card/citizen card, authorization for minors, passports, visas, vaccination certificate and other possibly required) available and valid. Under no circumstances will the Agency be liable, directly or indirectly, by the refusal of a visa or entry permit to the Client in any country, in which case, the conditions set out in clause 7 will apply, being it the Client´s responsibility any and every cost due to the referred situation.
12.2 Clients who are foreign nationals must possess the necessary documentation (passport, visa, residence permit, etc.) for traveling or transiting within the European Union. For journeys that are fully or partially performed outside the EU space, visas or other special documentation might be needed.
13. Arrival e Departure times and Meeting Places
13.1 The time of arrival and departure in each city are listed in the time zone of the respective country, without prejudice to the amendments set out in the next paragraph.
13.2 With the exception of the delays resulting from technical or other reasons related to transportation or resulting from natural phenomenon.
13.3 The transportations that are not included in this contract are solely of the responsibility of the Client, unless these are provided through the Agency.
13.4 Prior to the Tour/Trip, the Client must check the programme details regarding the meeting place, being it the Client’s responsibility to show up at the time and place indicated in the programme.
14. Accommodation for the trips
14.1 The classification and designation of the accommodations is determined by the country´s offering. The Agency emphasizes accommodation at hotels (“Riads” or “Kasbah” in Morocco and “Quintas” in Portugal) with rooms for 2 people. These hotels are for small groups and usually located in the historic district of cities or villages.
14.2 It is the Client´s full and exclusive responsibility to abide by the capacity of the hotel room, communicated by the Agency. In case the Client tries to submit more people than the reserved number, the owners of the accommodation may refuse entry, being the Agency not liable for this situation.
14.3 If deemed necessary, the Agency can group single enrolled clients of the same gender, except if the client arranged payment of a supplement for individual accommodation when and if available.
15. Luggage (for trips in Portugal & Morocco)
15.1 The Agency is responsible for the luggage handling from the vehicles to the hotel and vice versa, under the stipulated law.
15.2 Notwithstanding the preceding paragraph, the Client should use soft bags that facilitate its handling and transportation.
16.1 The Agency´s responsibility and emerging obligations, is guaranteed by liability insurances (public, vehicle and personal accidents), with an insurance company, in accordance with the current stipulated law.
16.2 Whenever there is some sort of situation, the Client must immediately contact the Agency that will then contact the insurance company.
16.3 Adventure Travel Risks (Morocco): Some of the trips offered by the Agency are an adventure type of travel. There are certain inherent risks in adventure travel. These include, but are not limited to, hiking, climbing injuries, and altitude sickness. In addition, there might be a danger of animals, inaccessibility to medical attention, and difficulty in evacuation from remote locations in the case of a medical emergency. The Client assumes all such risks with regard to these possibilities.
The Client must pay to the Agency for the services, via credit card transaction or bank transfer.
17.1 All of our credit card transactions are processed through a PCI complaint payment processing company. All major credit and debit cards are accepted. They payments are done through a secure encrypted payment processor, so you can rest assured payments will go through safely and securely.
17.2 Bank transfer details are:
NIB – 0010 0000 50207370001 32
IBAN – PT50 0010 0000 5020 7370 0013 2
SWIFT / BIC – BBPIPTPL
18 Customer Information and Personal Data provided by the Client
18.1 Before accepting the contract, the Client must inform the Agency of any physical or psychological limitation that might be suffering from and that could undermine the journey.
18.2 At the time of accepting the terms of the contract, the Client must inform the Agency of any fact or circumstance that may limit the execution of the journey, given its characteristics.
18.3 The Client expressly consents that the data provided to the Agency will be transmitted to government authorities of the destination country for the purpose of border control.