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We are Fun in Portugal References to “Organizer” means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person). “You”, “your” and ‘party’ in these booking terms means all persons (or any of them including the Organizer) named on the booking (and persons added or substituted at a later date). “We”, “us” and “our” means Fun in Portugal
In these terms, a ‘package’ has the same meaning as in the Package Travel and Linked Travel Arrangements 2018. Please note that bookings of single activities are not a package, and nor are multiple activity bookings where each activity is individually less than 24 hours in duration or where each element is the same type of travel service (eg multiple bookings of different activities).
These booking conditions apply to bookings made for activities taking place in the Portugal They, our privacy policy, our website terms and conditions of use, and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us for the arrangements making up your booking (your ‘arrangements’). Please read all that information carefully as it sets out the scope of our agreement as well as our respective rights and obligations. By making a booking, you agree to be bound by all of it.
The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
The key terms of our agreement:
Key terms
Accuracy of information and booking errors
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as described in clause 8.
All website descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself.
Please note: most daytime activities take place at outdoor activity centers, which by their nature are not usually located in city centers/urban areas. Breaks/events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide, we would consider a reasonable distance to be approximately 30 miles although this may be more for some exclusive activities. It is your responsibility to ensure that you have adequate time and suitable transport to get between your chosen activities.
Activities including transportation are quoted based on accommodation pick up in the applicable city center. Transportation from outside the city center can be provided on request but may incur an additional charge.
The Group Organizer
Whether you choose to have the Organizer make all payments on behalf of your party or if you choose to pay individually, you accept that the Organizer has the authority to deal with us on your behalf but we may act on the instructions of individual members of the party if we consider it necessary. If for any reason there is a change in the Organizer, you should notify us in writing immediately. The Organizer must be authorized to make the booking on the basis of these terms and conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Organizer is a minimum of 18 years old. Each individual member of the party will be liable for payment of amounts due in relation to their individual booking. Additionally (at our option) the Organizer will be liable for payment of all amounts due in relation to the whole booking.
Making a Booking
When you ask us to make your booking, we will ask the Organizer to make a non-refundable, non-transferable deposit or full payment as applicable. At this point we will then confirm your booking by sending you a confirmation email at which point a binding contract between you and us will come into existence. Once a binding contract is in place, we will indicate the time the Organizer has to invite guests and for them to pay through your dedicated customer’s area subject to the payment terms in the clause below.
Please check all details on the itinerary in your customer’s area immediately on receipt of your confirmation email. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies as soon as possible after confirmation. It may harm your rights if you don’t.
Payments of Amounts Due
Deposit
When you make a booking, the Organizer must pay either an initial non-refundable, non-transferable deposit of £40, or the full balance of the cost of the arrangements if you are booking within 42 days of the departure date. Following confirmation of the booking, all invited guests must also pay a non-refundable, non-transferable deposit of £40 (or the full balance of the cost of the arrangements if there are less than 42 days until you are due to depart) within 2 weeks of the booked date. If guests have agreed to attend the event but have not paid the deposit (or balance) by the deposit due date (or balance due date) they will be automatically cancelled from the booking at no charge shortly after the applicable due date.
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part.
Some of the activities and events we offer are by their nature inherently dangerous and on the day of the event some suppliers may require you to sign a disclaimer or acknowledgement of the risks involved (copies are available on request). By participating in these events, you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 2.
Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. We will give you general information about whether your arrangements are suitable for persons with reduced mobility but many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we may cancel your booking and impose the cancellation charges as set out in clause 6 where in our reasonable opinion, the confirmed arrangements are not suitable.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements. Once you have made a booking then subject to other clauses in these terms and conditions, the price will not change. However, we may change the price where there has been a change to the details of the original booking that affects its overall price. Please note that some accommodation providers charge a security deposit. This is beyond our control and non-negotiable.
any concessions agreed for your booking were based, suppliers may need to amend their pricing. We will notify you if that is the case.
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 11.
Pre-departure changes and cancellations
Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them.
Most changes will be insignificant. For example: a change in the timing of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed); or a change of accommodation to accommodation of the same or higher standard within the same destination city. If we make an insignificant change to the main characteristics of your arrangements, we will try to notify the change to you as soon as reasonably possible before your departure, but we will not notify you about any other insignificant change.
Occasionally we may have to make a significant change to your confirmed arrangements and if that is the case, we will seek your agreement to do so. A significant change is one where we or our suppliers significantly alter any of the main characteristics of your arrangements. If we have to make a significant change or cancel, we will contact you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i) (for significant changes) agreeing to the changed arrangements,
ii) accepting the cancellation or terminating the contract between us and receiving a refund (without undue delay) of all monies paid; or
iii) accepting an offer of alternative arrangements of comparable standard from us, if available.
In the event that any proposed change or alternative results in a reduction or increase in the price you have agreed to pay, we will also notify you of any refund or additional amount due. You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Where you have booked a package and you choose option ii) above, subject to the following exceptions as well as the limitations and exclusions in section B of clause 11, we will where appropriate pay you reasonable compensation The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where:- i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 8;
iii) where you choose options i) or iii) above;
We will not make a price reduction or pay you compensation; and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested
Changes and cancellations after departure
If we become unable to provide a significant proportion of your arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in line with this clause, where appropriate and only where you have booked a package, we will pay you compensation subject to section B of clause 11.
Weather Conditions
Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out above. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances which we or the supplier(s) of the service(s) in question could not avoid even taking all reasonable measures. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
If you experience difficulty whilst away or perceive that your arrangements do not conform to those you have booked, please inform the relevant supplier (e.g. your hotelier) without undue delay so that they can take steps to assist you or put things right. You should also contact us as soon as possible by calling our weekend helpline. If your complaint remains unresolved and you wish to pursue further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behavior is jeopardizing the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues. Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.
Where we refer to a ‘price reduction’ in this clause, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of this clause.
In relation to bookings of Packages: We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you reasonable compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent in performing or arranging the package arrangements if you wish to make a claim against us.
In relation to all other bookings: We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact our local representative.
In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:-
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 8.
We will not be responsible, make a price reduction or pay compensation:- a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):- (a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by the Paris Convention
We rely on the terms and conditions contained in the Paris Convention (with respect to hotel arrangements).
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
If you have booked a package, the maximum amount we will have to pay you in respect of all such claims is three times the price paid by or on behalf of the person(s) affected in total. In respect of all other arrangements, the maximum amount we will have to pay you in respect of all such claims is twice the price paid by or on behalf of the person(s) affected in total. These maximum amounts will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
Assistance to those on a package in the event of difficulty or unavoidable and extraordinary circumstances
Where you have booked a package, we will provide appropriate assistance without undue delay in the event that you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact our local representative.
Portugal is an ideal place to have endless fun, if you know where to look. Fun In Portugal knows when and where to have fun, and goes the extra mile to make groups of friends share moments they will remember for the rest of their lives.
During all our tours you will be escorted around by local guides, who will be on hand to share their knowledge on all the best places to go.
Fun In Portugal loves to cater to the needs of groups. That’s why the company’s efforts are in improving the communication with its customers, to help them decide what is most important, and how to make their dreams come true.
