Terms & Conditions

Classic Portugal - Terms and Conditions

  1. General

  1. The terms and conditions set herein govern all services provided by BOHEMIAN SUNSET – UNIPESSOAL, LDA., a company incorporated and operating under the laws of Portugal, with registered offices at Beco do Moreira 2, 1st floor, parish Oeiras e S.Julião da Barra, municipality of Oeiras, with the sole number of registration with the Portuguese Commercial Registry Office and of corporate taxpayer 515 878 570, and with the share capital, fully subscribed and paid-up, in the amount of EUR 1,000.00 (one thousand euros), email (info@classic-portugal.com)and contact number (+351 968603300), operating under the designation of “Classic Portugal Travel” (hereinafter "Classic Portugal”) (“Terms and Conditions”).

  1. Classic Portugal operates in accordance with Portuguese law and under the official license issued by Turismo de Portugal, I.P., RNAVT 12696.

  1. Services

  1. Classic Portugal offers a wide range of services tailored to individual preferences and curated experiences within the Portuguese territory, encompassing mainland Portugal and its 2 (two) autonomous regions of Madeira and the Azores. Our main services include:

a) organization and sale of bespoke package trips / events and itineraries and the facilitation of connected land travel services, when Classic Portugal receives payments directly from clients, relating to services ultimately provided by third-party service providers;

b) representation of other travel and tourism agencies, national or foreign, as well as intermediation in the sale of the respective products;

c) reservation of accommodation and services in tourist resorts, hotels and local accommodation establishments (“estabelecimentos de alojamento local”);

d) sale of tickets and reservation of seats in means of land transport; and

e) reception, land transfer and assistance to tourists.

  1. Classic Portugal also undertakes the following activities as ancillary services:

a) organizing congresses and similar events;

b) booking and selling tickets for shows and other public events;

c) providing tourist land transportation as part of a tour;

d) providing services related to tourist reception, including organizing visits to museums, historical monuments, and other sites of significant tourist interest.

e) Classic Portugal strongly recommends that clients book bespoke trips with a minimum lead time to ensure the availability of exclusive experiences, premium accommodations, and transport arrangements, thereby delivering a truly unique and tailored experience.

  1. Proposals; Duty of information and travel documentation

  1. The proposals presented by Classic Portugal for bespoke trips may range from 300€ to 500€. Each proposal outlines the total cost of the services (without a detailed breakdown), expressed in euros, and remains valid for a period of set consecutive dates from the date of issuance.

  1. When presenting a proposal, Classic Portugal provides clients with the Normalized Informative File (Ficha Normativa Normalizada) in a durable manner, along with the following pre- contractual information:

a) key information and features of the trip;

b) the destination, itinerary, duration of stay, including respective dates and the number of nights;

c) the means, characteristics, and categories of land transportation, as well as the locations, dates, and times of departure and return.

d) the approximate departure and return times if the exact times are not yet available;

e) the location, main features, and tourist category of the accommodation according to the rules of the destination country;

f) the meals provided and the meal plan included in the accommodation.

g) the tours, excursions, events or other services included in the package travel.

h) if there is any, the organization of group travel services, and whenever possible, the approximate size of the group if it is not evident from the context.

i) the language in which the tourist services will be provided, if the benefit of these services depends on effective verbal communication;

j) whether the trip, in general terms, is suitable for the clients’ needs, such as for individuals with reduced mobility, allergies, dietary restrictions, or any other type of disability or physical limitation;

k) information on subscribing to insurance that covers the cost of contract termination by clients or assistance costs, including repatriation, in cases of accident, illness, or death;

l) information about the rules of the transportation and accommodation contracts, including potential incompatibilities between flight schedules and check-in or check-out times at hotels.

  1. If a proposal is not confirmed within the validity period specified in clause 2 above, it will be subject to review and may potentially be subject to adjustments, including, but not limited to, schedules, hotels and accommodation details, and pricing conditions.

  1. In the case of significant revisions requested by clients after the initial proposal has been sent, Classic Portugal has the right to apply a trip planning fee, ranging between EUR 300.00 (three hundred euros) and EUR 500.00 (five hundred euros). Significant revisions include, but are not limited to, changes in the number of travelers, adjustments to the itinerary or modifications to the accommodation category.

  1. Clients are solely responsible for ensuring compliance with all entry requirements for Portugal, including obtaining and presenting all the documentation mentioned above, as well as any other relevant documents that may be required, such as visas and health certificates.

  1. Classic Portugal assumes no liability for any refusal of visas or denial of entry to Portugal. In such cases, the cancellation policy outlined in clause 8 below apply.

4. Reservations, VAT and payment methods

  1. Once Classic Portugal provides clients with the bespoke trip’s reservation documentation, including the legally required documents, and clients proceed with the payment – whether partial or in full – this constitutes a binding travel contract between the parties, obligating both to fulfill the agreed-upon terms. Furthermore, upon meeting these conditions, clients automatically accept these Terms and Conditions, together with any specific terms and conditions mutually agreed upon and detailed in the proposals.

  1. At the time of reservation, clients must pay a deposit equivalent to 30% (thirty percent) of the total price of the `bespoke trip´ with hotels, 50% (fifty percent) of the total price of the `bespoke trip´ with villas or a deposit equivalent to 50% (fifty percent) of the total price of the `bespoke event´, with the remaining amount payable no later than 60 (sixty) consecutive days before the scheduled arrival date.

  1. If the reservation is made 60 (sixty) consecutive days or less before the trip / event commences, full payment is required at the time of reservation.

  1. All reservations are contingent upon confirmation of the services outlined in the proposal by Classic Portugal's third-party service providers.

  1. Once the trip has commenced, if changes to the contracted services are requested for reasons not attributable to Classic Portugal (e.g., extension of stay, flight changes), the prices of the tourist services may not correspond to those published in the brochure that led to the booking.

  1. VAT and payment methods

  1. Any quoted prices included in the proposals and substantial revisions made after the initial proposal already include value added tax (“VAT”) at the applicable rate in accordance with Portuguese law.

  1. Classic Portugal accepts payments by wire transfers and credit card payments only.

  1. Classic Portugal reserves the right to cancel any reservation for which the final payment is not made on or before 60 days prior to arrival, in accordance with the terms outlined in these Terms and Conditions.

  1. Any credit card chargebacks will be subject to legal proceedings and all administrative and court costs for Classic Portugal will be passed to the client.

  1. Amendment of pricing conditions

  1. Once the contract has been agreed between Classic Portugal and clients the price is not subject to increase, except in the situations provided for in the following clauses.

  1. Prices may only increase up to 20 (twenty) consecutive days before the scheduled departure date if the following conditions are cumulatively met:

a) the contract expressly allows such increase and specifies that clients are entitled to a price reduction under the terms outlined in clause 6.4 below, establishing in this case the concrete rules for calculating the adjustment;

b) the adjustment directly results from variations in the cost of passenger transport due to changes in the price of fuel or other energy sources;

c) taxes or fees applicable to the travel services included, imposed by third parties not directly involved in the execution of the package travel, including accommodation taxes.

d) exchange rates applicable to the package travel. In such cases, Classic Portugal will notify clients in a clear and comprehensive manner, providing justification and detailed calculations in durable means.

  1. If the relevant increase exceeds 8% (eight per cent) of the total price of the bespoke trip, the provisions of clause 7 are applicable.

  1. Provided that the contract agreed between the parties sets out the possibility of a price increase, it must also provide that clients are entitled to a price reduction corresponding to the decrease in costs referred to in clause 6.2 a), which occurs after the contract has been concluded and before the start of the package travel. Classic Portugal is entitled to deduct the actual administrative expenses from the reimbursement owed to clients and must justify this amount if requested by clients.

  1. Changes of the bespoke trip or event by Classic Portugal

  1. Classic Portugal reserves the right to make changes to the bespoke trip, provided the following conditions are cumulatively met:

a) the agreement executed between Classic Portugal and parties expressly sets out said possibility;

b) the change is of an insignificant character; and Classic Portugal informs clients clearly and comprehensively, providing a justification and the corresponding calculations in a durable medium.

  1. Whenever, prior to the start of the package travel, Classic Portugal is required to significantly alter any of the main characteristics of the travel services, is unable to meet the special requirements requested by clients, or proposes a price increase of more than 8% (eight percent) for the package travel, clients may within 7 (seven) consecutive days: accept the proposed alteration; accept a substitute package travel offered by Classic Portugal, with any price difference refunded, if possible of equivalent or superior quality.

  1. Failure by clients to respond within the period set by Classic Portugal will imply tacit acceptance of the proposed alteration.

  1. In the cases set out in item above, Classic Portugal must communicate to clients, without undue delay and in a clear, comprehensible, and highly visible manner, in a durable medium the proposed changes and their impact on the price of the trip, as outlined in clause 7.5 below;

  1. a reasonable period for clients to communicate their decision;

  1. the consequences of clients’ failure to respond within the period referred to in the previous item; and if applicable, the proposed substitute package travel and its price.

  1. If the changes to the contract or the substitute package travel referred to in item b) above result in a package of lower quality or cost, clients are entitled to a price reduction.

  1. Whenever there are sufficient grounds, Classic Portugal reserves the right to adjust the itinerary order, modify timings, or replace experiences and accommodations with those of a similar nature and quality, due to unforeseen circumstances. Any modifications will be promptly communicated.

8. Termination of the contract by clients

  1. Clients may terminate the contract at any time before its commencement. In this case, the cancellation fee of 30% deposit must be paid by the clients. Once the 70% balance has been paid, during the 60 day period, this is also non-refundable.

  1. Termination of the contract by Classic Portugal

  1. When the trip is dependent on a minimum number of participants, Classic Portugal reserves the right to cancel the organized trip if the number of participants falls below the minimum required. In such cases, clients will be informed in writing of the cancellation within the following timeframes:

a) 20 (twenty) consecutive days before the start of the trip, for trips lasting more than 6 (six) consecutive days;

b) 7 (seven) days before the start of the trip, for trips lasting between 2 (two) and 6 (six) consecutive days;

c) 48 hours before the start of the organized trip, for trips lasting less than 2 (two) consecutive days.

  1. Before the start of the trip, Classic Portugal may also terminate the contract if it is unable to carry out the trip due to unavoidable and exceptional circumstances.

  1. The termination of the trip by Classic Portugal under the conditions mentioned above only entitles clients to a full refund of payments made, within a maximum of 14 (fourteen) consecutive days after the termination of the contract.

  1. Refunds

  1. After the trip has commenced, no refunds are due for services not used by clients due to force majeure or reasons attributable to clients (except for refunds provided by the respective third- party providers), as well as in case any services contracted are not provided during the trip to circumstances not attributable to Classic Portugal.

  1. In case of failure to provide the services outlined in the bespoke tip for reasons attributable to Classic Portugal, and if replacement with equivalent services is not possible, clients have the right to request a refund for the difference between the price of the contracted services and those effectively provided. Should the clients refuse to accept a replacement service, no refund will be given.

  1. Insurance

  1. The liability of Classic Portugal as the organizer and seller of bespoke trips and events, and arising from the obligations assumed by it, is covered by civil liability insurance subscribed (as required under Portuguese law) with Allianz, Companhia de Seguros, S.A., with registered offices at Rua Andrade Corvo, 32, 1069-014 Lisboa, with the sole registration number with the Commercial Registry Office and corporate taxpayer number 500 069 514, and with fully subscribed share capital of EUR 31,636,320.00 (thirty-one million, six hundred thirty-six thousand, three hundred twenty euros), policy number 206881855.

  1. The minimum coverage amount of the relevant insurance is EUR 75,000.00 (seventy-five thousand euros), covering risks arising from the activity, and guaranteeing compensation for property damage and personal injuries caused to clients or third parties by actions or omissions of Classic Portugal or its representatives.

The insurance also covers:

a) the repatriation of customers and their assistance; and

b) medical care and necessary medication in the event of an accident or illness occurring during the trip, including any required after the completion of the travel.

  1. Hotels and accommodations

  1. All hotels and accommodations are booked and paid for directly by Classic Portugal. Any additional nights which are booked by the client outside of the itinerary, due to flight changes / or flight delays, must be paid for by the client.

  1. Classic Portugal assumes no liability in relation to the facilities and services offered to clients by hotels and accommodations (or lack thereof), which are not part of the bespoke trip contracted by clients. Conversely, whenever facilities and services provided by hotels and accommodations are a part of the bespoke trip and are subject to changes, Classic Portugal will notify clients as soon as reasonably practical. In such case, the liability terms prescribed under clause 14 shall apply.

  1. Clients are responsible for any additional charges imposed by hotels and accommodations, including city taxes and room service, and other discretionary services. In some cases, a valid credit card may be requested check-in to cover such charges.

  1. Any additional expenses incurred outside the agreed-upon bespoke trip, itinerary and pricing, including, but not limited to, hotel city tax, room upgrades, room service, taxi rides, meals, spa treatments, or any other services contracted at clients’ sole discretion, are not covered by Classic Portugal and must be paid in full by the clients.

  1. Liability

  1. Classic Portugal is responsible for the proper execution of all travel services included in the trip contract.

  1. In the case of package travel, Classic Portugal is liable towards clients, even when the services are performed by third-party providers, without prejudice of right of recourse under applicable general law terms.

  1. For other travel services, Classic Portugal is liable for the correct issuance of accommodation and transport tickets, as well as for the negligent selection of third-party service providers, provided these were not suggested by clients.

  1. In case Classic Portugal acts as an intermediary in the sale or booking of individual travel services, it is liable for errors in issuing the respective tickets, even if these errors result from technical deficiencies in reservation systems attributable to Classic Portugal.

  1. Classic Portugal is liable for any errors due to technical deficiencies in its reservation system and, if it has agreed to proceed with booking a package travel or travel services forming part of linked travel services, for any errors made during the booking process.

  1. Classic Portugal is not liable for booking errors attributable to clients or caused by unavoidable and extraordinary circumstances.

  1. Classic Portugal will make every effort to ensure that the bespoke trips run safely but strongly advises that personal belongings are kept under clients’ care with the necessary precaution. Classic Portugal is not liable for any personal belongings whose liability lies entirely with clients, whether left in vehicles (in programs where transportation is included), in hotels or accommodation or with external service providers, museums, monuments, and other locations.

  2. Classic Portugal is not liable for personal injuries, illnesses, or accidents during the trip, nor for any related health and/or pharmaceutical expenses. Clients are strongly encouraged to obtain comprehensive personal travel insurance to cover such risks and at their own expense.

  1. Classic Portugal’s liability shall be limited to the maximum amount claimable from the service providers, in accordance with the Montreal Convention of May 28, 1999, on International Air Transport, and the Berne Convention of 1961, on Railway Transport.

  1. With regard to maritime transport, the liability of Classic Portugal before its clients for the provision of transportation or accommodation services by maritime transport companies, in the event of damages resulting from their willful misconduct or negligence, shall be limited to the following amounts:

a) EUR 441,436.00 (four hundred and forty-one thousand, four hundred and thirty-six euros) in case of death or bodily injury;

b) EUR 7,881.00 (seven thousand, eight hundred and eighty-one euros) in case of total or partial loss of baggage or damage to it;

c) EUR 31,424.00 (thirty-one thousand, four hundred and twenty-four euros) in case of loss of a motor vehicle, including the baggage contained therein;

d) EUR 10,375.00 (ten thousand, three hundred and seventy-five euros) in case of loss of baggage, whether accompanied or not, contained in a motor vehicle;

e) EUR 1,097.00 (one thousand and ninety-seven euros) for damage to baggage as a result of damage to the motor vehicle.

f) The liability for the deterioration, destruction, and theft of baggage or other articles, in tourist accommodation establishments while clients staying there, shall be limited to:

g) EUR 1,397.00 (one thousand, three hundred and ninety-seven euros) in total;

h) EUR 449.00 (four hundred and forty-nine euros) per article;

i) the value declared by clients for items deposited in the care of the accommodation establishment.

  1. The travel contract may limit the compensation to be paid, provided that such a limit does not apply to personal injuries, damages caused intentionally or through negligence and is not less than 3 (three) times the total price of the package travel.

  1. Assignment of contractual position

  1. Clients may assign their participation in the trip and be replaced by another person who satisfies all the conditions required for the trip, by giving notice to Classic Portugal at least 7 (seven) consecutive days before the scheduled departure date, in writing, and accepts the service providers included in the trip, as well as agrees and acknowledges these Terms and Conditions, together with the specific conditions detailed in the travel documentation.

  2. In this case, Classic Portugal must:

a) inform the assignor of the actual costs associated with the assignment, which cannot exceed the costs borne by the assignor as a result of the assignment in a duly substantiated manner;

b) provide the assignor with proof of the existence of any fees, charges, or additional costs incurred due to the assignment of the bespoke trip contract; and notify the third-party service providers of the assignment of the contractual position to ensure the contract’s fulfilment.

c) The assignor and the assignee are jointly responsible for paying the outstanding balance and fees, charges or additional costs arising from the assignment, which will be duly informed and proven by Classic Portugal.

  1. Assistance

  1. In case clients face difficulties, or when, for reasons beyond their control, they are unable to complete the organized trip, Classic Portugal will provide the following assistance:

a) provision of adequate information regarding healthcare services, local authorities, and consular assistance; and;

b) assistance in enabling the traveler to communicate remotely and in finding alternative travel arrangements.

  1. Classic Portugal may charge a reasonable fee for such assistance if the difficulty was caused by clients deliberately or through their misconduct. In any case, said fee cannot exceed the actual costs incurred by Classic Portugal.

  1. If, due to unavoidable and extraordinary circumstances, clients are unable to return, Classic Portugal is responsible for covering the costs of necessary accommodation, preferably of equivalent category, for a period not exceeding 3 (three) nights per traveler.

  1. The cost limitation provided in the preceding clause does not apply to individuals with reduced mobility, their accompanying persons, pregnant women, unaccompanied minors, or individuals requiring specific medical care, provided Classic Portugal is notified of these specific needs at least 48 (forty-eight) hours before the start of the package travel.

  1. Insolvency

In the event of insolvency of Classic Portugal, clients may resort to travel and tourism guarantee fund. To do so, clients must contact Turismo de Portugal I.P, the entity responsible for the respective activation:

Turismo de Portugal, I.P

Rua Ivone Silva, Lote 6, 1050-124 Lisboa

Tel: (+351) 211 140 200 (cost of a call to the national landline network) info@turismodeportugal.pt

  1. Privacy and personal data protection

  1. Classic Portugal ensures the confidentiality of all data provided by clients during the booking process. The personal data provided by clients during the booking process is essential for the provision of services by Classic Portugal, including the preparation and booking of travel services. The omission or inaccuracy of any data provided by clients are their sole and exclusive responsibility and may lead to the refusal or impossibility of providing services by Classic Portugal.

  1. Clients' personal data will be processed and stored electronically and will only be used for the purposes related to the contractual and/or commercial relationship with clients, including the provision of travel services and with the client’s express authorization. This may include transmitting relevant information to governmental authorities for border control and security purposes, in compliance with legal and regulatory requirements.

  1. Where Classic Portugal acts as a controller, Classic Portugal may process personal data received from Clients, or its behalf or acting under its instructions for the purposes of any of (i) providing the services, (ii) maintaining and using IT systems, (iii) quality and risk management reviews, (iv) providing clients with information about Classic Portugal and its range of services, and (v) complying with any requirement of law, regulation or a professional body of which Classic Portugal is a member.

  1. Classic Portugal may transfer personal data to subcontractors and IT service providers in relation to any of these purposes. Classic Portugal may, for the purposes of this clause, transfer personal data outside the EU (but only to a recipient who is (i) in a country which provides an adequate level of protection for personal data or (ii) under an agreement which covers the EU requirements for the transfer of personal data to data processors outside the EU or (iii) under an agreement with standard contractual clauses approved by the EU.

  1. Where Classic Portugal act as processor in relation to personal data received from clients, Classic Portugal will: (i) process it only on the clients’ lawful written instructions; (ii) implement appropriate measures designed to ensure its security, including by imposing confidentiality obligations on relevant personnel; (iii) transfer it only to sub-processors under a written contract which imposes obligations consistent with those in this clause and in case clients authorize Classic Portugal to transfer its personal data to them; (iv) provide clients with reasonable assistance in carrying out any legally required data protection impact assessments, complying with the rights of data subjects and complying with clients own data security obligations under applicable data protection legislation; (v) notify clients without undue delay after becoming aware of a breach in respect of it; (vi) subject to other provision in these Terms and Conditions, on the clients request either return or destroy it when the Terms and Conditions ends; and (vii) on clients’ written request, provide clients with reasonable information necessary to demonstrate Classic Portugal’s compliance with this clause which may include any available third party security audit reports.

  2. Under applicable data protection legislation, clients are guaranteed, at no additional cost, the right to access, rectify, and update their personal data. This may be done directly or upon written request to Classic Portugal. Clients also have the right to object to the use of their personal data for purposes other than those outlined in this clause, in accordance with their legal rights.

  1. Classic Portugal will only keep clients’ data for the period of time strictly necessary to achieve the purposes of the services rendered or during the period required by the applicable legislation or regulations, including the period of contractual liability by which Classic Portugal is legally obliged.

  1. Complaints

  1. Clients may complain regarding the services contracted or any other issue related to its quality, as soon as it occurs, without unjustified delay. For such purpose, clients shall use the digital “complaints book” available at www.livroreclamacoes.pt.

  1. Upon receiving a complaint via the platform, a response will be sent to client within a maximum of 15 (fifteen) business days to the email address provided in the form, informing them of the actions taken as a result of the complaint. Complaints submitted are received by Turismo de Portugal I.P., along with the response to clients and any other documents that Classic Portugal deems necessary to clarify the situation, with Turismo de Portugal I.P. taking any measures it considers appropriate.

  1. The right to submit complaints regarding price reduction or compensation for lack of conformity of the travel services included in the bespoke trip expires within a period of 2 (two) years.

  1. Governing Law and Jurisdiction

  1. These Terms and Conditions are governed by Portuguese law.

  1. Any dispute arising under or in connection with these Terms and Conditions shall be resolved through the following Portuguese Alternative Dispute Resolution Entities:

a) Provedor do Cliente das Agências de Viagens e Turismo, Rua Rodrigues Sampaio, nº 170, 1º 1169-120 Lisboa, Portugal provedor@provedorapavt.com

www.provedor.apavtnet.pt;

b) Comissão Arbitral do Turismo de Portugal, I.P. Rua Ivone Silva, Lote 6, 1050-124 Lisboa s.comissao.arbitral@turismodeportugal.pt www.turismodeportugal.pt

  1. Amendments to the Terms and Conditions

Classic Portugal reserves the right to amend or update these Terms and Conditions at any time. The revised Terms and Conditions will be published on our website and will take effect immediately upon publication. In case clients do not accept the amendment to the Terms and Conditions, they may terminate the commercial relationship with Classic Portugal.

  1. Miscellaneous

  1. These Terms and Conditions may be complemented by other specific terms, provided they are expressly agreed upon by the parties.

  1. References to business days herein refer to any day other than a Saturday, Sunday, or a public or bank holiday, during which general services and banking operations are typically opened and operating in mainland Portugal, as well as in the autonomous regions of Madeira and the Azores.

  1. All monetary amounts referred to herein, as well as those included in proposals and any subsequent amendments, are expressed in Euros. Clients are therefore required to apply the applicable exchange rate at the time of reviewing and agreeing to the proposals and these Terms and Conditions.

  1. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall continue to be valid and fully enforceable.