Contract
The Booking Form constitutes the entire Agreement between All Local Tours (Operator which the expression of includes all other companies/entities in its group, its operators and agents only to the extent they may provide any service or part thereof) and the Guest (which the expression of shall mean the person/s in whose name and/or on whose behalf the booking is made and/or whose name is on the Booking form, the Travel Reservation Ticket (TRT)/Service Voucher/s).
Definitions
1. Brochure: shall mean and include any printed/typed itinerary. The Brochure shall form an integral part of these Booking Terms and Conditions.
2. Child/Infant: An infant means a person below the age of two years, and a "Child" means a person above the age of two and below the age of twelve years on the date of travel/tour.
3a. Force Majeure: includes circumstances beyond the Operator's control like acts of God/nature, major road works, traffic congestions, weather conditions, fairs, festivals, sports events, political/religious gatherings, strikes, change of management/closure of hotels/restaurants, over booking of hotel/flights, delay/cancellation/re-routing of flights or railway, closure of/restricted entry at a place of sightseeing.
3b. Guests found to be under the influence of alcohol or drugs. All Local Tours reserves the right to deny travel to any persons deemed to be under the adverse influence of alcohol or drugs.
3c. Medical emergencies regarding guest or partner employed by the operator causing inability to proceed with tour or transfer service.
4. Independent Contractor: means any hotelier/hotel owner, owner of any airlines, shipping company or railway, ferry, boat owner/operator, cruise, coach owner/operator, transport owner/operator, owner/operator of any person or organisation whom have been selected by the Company to render services to the Guest.
Conditions of Passage/Contract
1. Only guests eligible to travel within Europe with the relevant documentation/visas required will be accepted.
2. In the event the guest makes a booking with a travel agent which involves only some travel related arrangements by the Operator, the guest shall be deemed to have his contract only with his travel agent who shall be solely responsible and liable.
3. There is no contract between the Operator and the guest until the Operator has received the appropriate payment in full. The full payment must be received in accordance with the completion of the Booking Form. Confirmation of itinerary will be sent to the guest at the time of booking. The Operator reserves the right to cancel the booking if payment has not been made at the time of booking or if payment details supplied have not been cleared.
4.The guest(s) shall participate in the tour in its entirety. It will be the responsibility of the guest to reach the place of commencement of the tour and register with the representative of the Operator at the appointed place, date and time. The Operator shall not be responsible in any manner for refund or otherwise, in the event that the guest fails to attend on tour date or does not participate in any part of the tour and/or does not avail of the services included but not limited to entry tickets, excursions, mislaid or destroyed travel tickets or vouchers in part or whole.
5.The Operator has the right at any time to terminate the contract after acceptance of payment but prior to the commencement of the tour with a valid reason as described in the Brochure as Force Majeure. In such an event, the Operator shall refund the percentage of the tour cost at his discretion as may be applicable. It is expressly agreed that the guest shall not be entitled to any other amount whether by way of interest or otherwise and the guest agrees not to make any claim thereof.
6.The Operator reserves the right to alter, amend, change, modify, vary or withdraw any tour package, itineraries, tour schedule, travel plan, tour arrangements and sightseeing, excursion or facility it has advertised or published at any time whether before or after registration or before or after the departure of the tour or to substitute an independent Contractor of similar class if it is deemed advisable or necessary. In such Events, the Operator shall not be liable for any additional expense or consequential loss suffered by the guest for any claim on any account whatsoever.
7.In the event of the Operator exercising its right to amend or alter any tour as advertised in its Brochure/Itinerary even after such tour has been booked, the guest shall not have the right:
a)To continue with the tour as amended or altered.
b)To accept any alternative tour which the Operator may offer.
c)To unconditionally accept the refund of 80% of tour cost charges as a full and final settlement.
d)In any of the above cases, the guest shall not be entitled to, nor shall the Operator be liable to the guest for any damage, additional expenses, the consequential loss suffered by him or to pay any amount as refund. The guest will not be entitled to make any grievance thereafter in respect of the same.
e)In the case where the guest travels on an amended tour, the legal relation between the parties shall not change only by virtue of the amendment. The guest opting to continue with the tour arrangements as altered or amended shall pay additional charges if any levied by the Operator.
f)These conditions are applicable to every guest of the Operator who books a Brochure Tour or any Special Tour or Travel Arrangement. In the event of a guest booking through a separate Operator or Tour Arrangement of any other Independent Contractor the "Booking Terms and Conditions" specified by such Tour Operator including their payment, schedule, cancellation, refund etc. shall be applicable in addition to these "BookingTerms and Conditions" while determining the independent Contractor or Operator.
g) Each of these conditions shall be severable from the other and if any remaining provisions shall nevertheless have full force and effect. No liability on the part of the Operator arising in any way out of the contract in respect of any tour, excursion facilities shall exceed the total amount paid or agreed to be paid for the tour and shall in no case include any consequential loss or additional expense whatsoever.
h) All tours/services/arrangements will be subject to and operated/provided in accordance with applicable laws, rules, regulations and European guidelines including those of the country of Portugal.
If any of the provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these booking conditions which shall remain in full force and effect.
Complaints
Our office carries an official complaints book where any complaints may be registered in writing. Where this is not possible you may register complaints in writing and forward to us as registered mail. Portuguese law will govern these conditions in all respects.
Governing Law & Jurisdiction
The Portuguese Courts will have exclusive jurisdiction over any claim arising from or related to our website or these terms of use. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Portugal, which will only be made in the local official court of Albufeira, Algarve.
If any provision or part of a provision of these terms and conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable such provision or part-provision will be struck out of these terms and conditions and the remainder of these administrative terms and conditions will continue to apply deeming the offending or part-provision non-existent.
You may not transfer any of your rights or obligations under these terms and conditions without our prior consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent.
Brochure
1.Brochures are published in advance and the brochure's description of services are as accurate as possible. However, the Operator does not own any hotels, airlines, restaurants, cruises or coaches. There may be changes in the services/itinerary including for reasons of Force Majeure/Vis Major.
2. In case the alternate arrangements made are materially superior as compared to the ones described in the Brochure, the Operator reserves the right to charge extra for the same at any time.
3. The prices quoted in the brochure have been calculated at the rate prevailing at the time of publishing of this brochure. The Operator reserves the right to amend the prices published in this brochure in case of currency fluctuations, changes in the various gross rates of exchange, and/or fuel costs, special high season charge levied before the date of departure and to surcharge accordingly. All such increases in price must be paid for in full before de departure of the guest.
4. No person including the Employee/s and Agents of the Operator other than the Operator, in writing has the authority to vary, add, amplify or waive any stipulation, representation, term or condition set forth herein or in the Brochure.
5. The guest accepts that the services detailed in the Brochure are as are normally available, especially at the time the Brochure is published, and which the Operator shall endeavor to provide subject to Operator's right to alter, amend, change, modify, vary or withdraw the same.
6. In case of publication of any travel scheme offering any discount or benefit by the Company, it shall have the sole right to withdraw such a scheme or discount at any time unless a specific assurance to the contrary is published.
7. The Operator shall not be responsible for or bound by any printing, typographical error or other such errors in the Brochure.
Tour Services
The Operator undertakes to arrange for the guest, through carriers and other providers of services, only the services detailed in the accompanying brochure.
Registration
The guest has been supplied with details of the tour arrangements and the tour Brochure/Itinerary for the relevant year and season. The guest shall read the same as well as the Booking Terms and Conditions and tour check list carefully before filling and signing the Booking form. The Booking Terms and Conditions, Booking Form, Payment Receipt shall be binding on the parties and shall constitute a contract between the parties, on the guest completing the Booking Form and making a payment towards the prescribed amount. In this case of one guest completing the Booking Form, it shall be deemed that any others have duly authorized the afore mentioned as a lead guest. The completion of the Booking Form by the lead guest shall mean acceptance in the totality of the Booking Terms and Conditions contained herein by the guest(s).
Documentation
1. The guest shall be solely responsible for obtaining his passport and ensuring that the passport is valid for minimum nine months from the date of commencement.
2. The guest shall be solely responsible for obtaining all required visas and ensuring that the visas are valid for the frequency/period as may be necessary for purposes of the tour. It is the responsibility of the guest to furnish all documents should this be required by the Operator or any co-operating organization regarding tour or transfer.
3. The guest shall be solely responsible for obtaining all requisite permissions, statutory clearances, Income Tax clearances, certificates and approvals, e.g., from emigration authorities of non-EU countries and related to health insurance and shall complete all other travel formalities as may be necessary.
4. The guest agrees that the Operator shall not be responsible for nor liable for any error, delay, denial or other related act/omission by any government authority, etc. or for any loss expense damage or cost resulting there from, credit or waiver, whether on account of travel related documents or otherwise, nor in the event of the guest and/or any member of his party being unable to travel due to those reasons.
Health and Insurance
1. It shall be the duty of the guest to inform the Operator of any medical condition that may affect his ability to enjoy and pursue fully the tour arrangements and wherein the interest of the group or any member thereof is prejudicially affected.
2. The Operator reserves the right to ask the guest to provide written certification of his medical fitness before departure. In the event that a medical condition has not been disclosed the Operator will not be liable to provide any assistance or refund.
3. The Operator makes it a mandatory condition that the guest is adequately covered by overseas medical insurance and other appropriate Insurance Policies to cover the risk of life, limb and property while on tour, as the Operator will not be responsible for the same.
4. It may be noted that the tour cost does not include the insurance premium and that the Customer shall have to acquire the same at his cost.
Minimum Participation
1.The operation of tours specified in the Brochure are subject to a minimum participation of paying participants, if the participation is below the minimum prescribed, the Operator reserves the right to amend, alter, vary or cancel a tour without incurring any liability to pay any compensation.
2. Alternatively, the Operator may continue the tour with an itinerary in favor of the majority with no obligation to refund non-participants who fail to provide acceptable reasons for failure to comply with agreed itinerary.
Payment
1.Reservation on the tour shall be accepted by the Operator only upon receipt of the fully completed Booking Form and clearance of full payment as advised via relevant payment method.
2. The tour cost as detailed in the Brochure and as may be revised, if necessary, shall be paid by the guest as follows: At the time of booking the full balance payment via credit/debit card or PayPal payment system is due. The guest will receive a confirmation voucher which may be downloaded or printed as proof of purchase.
3. Individual guests wishing to travel by separate transfer in advance of the proposed tour departure date or return after the tour date will be liable for all separate transfer charges incurred.
4. All tour and transfer payments must be made by the guest to All Local Tours online at the time of booking. Any separate payments regarding transfers, tickets, and admissions to local attractions may be paid directly to the Operator employee who may provide a receipt for such on request.
5. Payments made online will be calculated in local currency euros as per the rate of the foreign exchange on the day of payment. Any further or separate payments will only be accepted in local currency euros.
Tipping
Guests understand that it is customary to tip the drivers and the guides and other service providers in all parts of the world for services rendered at the guest discretion.
Responsibility
1. The Operator is responsible for arranging the tour Services as applicable and stated in the Brochure.
2. The guest acknowledges that the Operator acts only as an agent of the Independent Contractor and the Operator is not responsible or liable for any act or omission of such independent contractors. The guest agrees that all tickets and admissions are furnished and issued subject to the Terms and Conditions herein and to the Terms and Conditions relating to the service of each Independent Contractor. The guest further agrees that each separate contract of such Independent Contractor when issued shall constitute the sole agreement between the guest holder and the Independent Contractor.
3. All certificates/documents and other travel Documents issued by Operator or otherwise issued to the guest are subject to the terms and conditions of the concerned sub-contractor, as governed by the laws of the related country and/or applicable international conventions.
4. The guest agrees not to hold the Operator or its Directors, Agents or Employees responsible, nor seek from any or all of them any amount herein on account of loss, damage, cost expense or otherwise of whatsoever nature, for any act or omission not directly attributable to Operator. In the event, it is determined that the loss, damage, cost or expense is the direct result of an intentional negligent, act or omission of the Operator, the guest shall be entitled to only refund of the tour cost or part thereof, paid by him, as the case may be.
5. The guest agrees that he would not be entitled to make any claim against the Operator on any account whatsoever unless the same is lodged with the Managing Director of Operator at its Registered Office address not later than 14 (fourteen) days after the culmination of the tour along with requisite proof.
6. The Operator is making and/or coordinating tours for group tours , and/or individual tours. The Operator is a travel organizer only. The Operator does not control or operate any airline, it does not own or control any shipping company, coach or coach company, hotel, transport, restaurant or any other facility or service mentioned in the brochure. The Operator is responsible for arranging the tour services as applicable and stated in the brochure. Though the Operator takes care in selecting all the components in the guest tour, the Operator can only research, inspect and select any participating organizations. It cannot be responsible for any delay, improper services provided by any agency, airline, transport, hotel or any provider of services or for any injury, death loss or damage which is caused by the act or default of the management or employee of Independent Contractors.
7. The Operator reserves absolute right to alter, amend or modify the tour package, itineraries, the tour schedule, the travel plan, tour arrangements and sightseeing. Any change in the transportation, itinerary or other services, effected prior to the registration/departure of the tour would have been advised to the guest at the times of registration/departure of the tour. However, the Operator shall have the right at its sole discretion thereafter to change the transportation, itinerary or other services, as may be required at its sole discretion including whether they are for reasons beyond the control of the Operator or otherwise.
Liability
1. The Operator shall in no circumstances whatsoever be liable to the guest(s) in the case of the following:
a) Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and/or damage or any kind of theft howsoever caused.
b) Any act, omission, default of any independent contractor or other person by any agent employed by the provision of accommodation, refreshment, carriage facility or service for the guest(s) howsoever caused.
c) The temporary or permanent loss of or damage to baggage or personal effects howsoever caused including willful negligence on the part of any person.
d) In the event that the guest is unable to board any flight/cruise/train/bus booked with a particular company due to over booking/cancellation or for whatever reason said company provides the guest shall not hold the Operator responsible for the same and no claim whatsoever can be made by the guest against the Operator. e) The Operator shall not be responsible and/or liable for any damages caused to the guest due to reasons beyond the control of the guest including Force Majeure/Vis Major.
f) In the event that the Operator is unable to conduct a particular tour, the Operator shall at its own discretion refund the amount of cost or cost in part of the said tour to the guest without any interest on the same. The guest will not be entitled to make any grievance thereafter in respect in of the same.
Communication
1. The communication directed at the email address of the guest as disclosed in the "Booking Form" shall be deemed to have been communicated to the guest.
2. Any travel Agent through whom a guest books will act to relay information from guest to operator and vice versa. The Operator shall not be responsible for any error on the part of such travel agent in this case.
Grievance
1. If the guest on an escorted tour, has any grievance in respect of any services provided by any of the independent contractors, the guest shall immediately inform the Tour Manager in writing with a copy to the Operator and the independent Contractor so that the Operator can take up the matter with the independent contractor immediately. If the guest fails to do so with a genuine grievance, any right to compensation or refund which the guest may have will be extinguished or reduced.
2. In the case of a guest un escorted by a tour manager, any grievance concerning services of any independent contractor, should be communicated to Operator at its registered office in writing as soon as possible and a copy thereof should be sent to the independent contractor, whereby the operator has the chance to rectify any problems if the grievance is genuine. Failure to do so may result in the customer losing any right to compensation or refund.
3. Any complaint by the guest must be notified to the Operator in writing within 14 days of the end of the tour as provided herein above. No claim notified to the operator outside this period will be entertained and the operator shall incur no liability whatsoever in respect thereof.Withdrawal of Membership
The operator reserves the right to withdraw tour membership from anyone whose behavior is deemed likely to affect the smooth operation of the tour or adversely affect the enjoyment or safety of other passengers. The operator shall be under no liability to any such person namely deemed to be under the influence of alcohol or drugs. It is hereby declared that the immunities provided under this contract shall be available to the Operator's managers, tour managers, employees and agents but not to any independent contractor selected by the Operator.