As of 1st April 2024

 

Preliminaries

Your use of this website is subject to the binding and irrevocable acceptance without modification of these terms and conditions and you agree to use this website in accordance with and subject to these Terms. By accessing any part of the www.portulenatours.com website, you consent to be bound by these Terms. Additional terms and conditions of the relevant supplier or service provider may be applied. Please read all conditions carefully before using our services. Please be aware that we only provide a booking service to you. We are not a party to the contract (s) you conclude with Offering Parties and do not accept any liabilities in connection with those contract (s).

​

Language

The working language of PortuLenatours and the website www.portulenatours.com is English. With your use of our services you warrant to us that you are fully able to understand the English language. We provide some or all information on the website and in the booking process in other languages. This information is provided to you for informational purposes only. In any case, the English language version shall prevail and be legally binding.

​

Our Agreement with You

The www.portulenatours.com Website (“Website”) is operated by Lena Funke, with NIF number 289062748, email: info@portulenatours.com (hereafter referred to as “PORTULENATOURS” or “we”). Your use of the Website is governed by the following Terms and Conditions which are available only in the English language. These Terms and Conditions govern all use of the Website although some provisions will only apply to you if you complete a booking or purchase on the Website. If you make a booking or purchase while using the Website, you will be subject also to the terms and conditions of the relevant supplier of accommodation or other goods or services (hereafter referred to as the “Offering Party”). You should review these Terms and Conditions each time you use this Website as they may change from time to time.

​

Online Bookings

If you make a booking or purchase on the Website, you will be asked to confirm your acceptance of this Agreement. If you choose to do so, you are expressly accepting these Terms and Conditions and you consent to be bound by and to become a party to the electronic version of these Term and Conditions, the additional terms and conditions of suppliers / service providers, the Security Statement and the Privacy Policy which, together with the terms of any contracts entered into by you with other Offering Parties govern your relationship with us and with other Offering Parties. If you choose not to click your acceptance of this Agreement prior to completing your online booking or purchase, you will not be able to conclude your online transaction but your use of the Website will nonetheless continue to be subject to these Conditions as stated above.

​​​

Confirmation Emails

When making a booking with us we will send you a confirmation via email.

​

Cancellations

If you book a tour with us, you do not have a statutory right to cancel this Agreement once you have concluded your booking. However, you may be entitled to cancel a booking under certain circumstances which are contained below under “The Booking Process”. PORTULENATOURS shall not be liable in any way for losses, additional expenses or other travel services, weather, strikes, sickness or any other cause. All those claims shall be borne by you. INFO@PORTULENATOURS and the Offering Party shall have the right to cancel your reservation without compensation should you intend to use your reservation only in order to obtain an entrance visa without intending to fulfill your contract with the Offering Party. This right shall come into existence as soon as ALDEIADAPRAIA.PT receives information that allows a judgment on your intentions to a certain degree of probability.

​

The Question of Liability

Furthermore we cannot take any responsibility for the quality or the details of any service or product that you book or purchase. We do not warrant that information published on the website will be error-free. All liabilities for the offered products and services are solely between the Offering Party and the User. You are solely responsible for reviewing the Offering Party’s terms and conditions of trade that will apply to your purchase of any products/services. We shall in no way be liable to you in the event that any product or service purchased from any Offering Party is not suitable for your purpose.

 

Your Responsibilities

You warrant to PORTULENATOURS as follows:

1. That you are fully and legally entitled to enter into this Agreement;

2. That you have full authority to execute this Agreement;

3. That your entering into this Agreement is not illegal in your jurisdiction and you will not use any PORTULENATOURS.COM Service while located in any jurisdiction that prohibits the use of such services;

4. That you are over 18 years of age;

5. That all details provided by you to PORTULENATOURS.COM are accurate and that you will not take steps to conceal your true identity from PORTULENATOURS.COM such as by using pseudonyms, false addresses or taking technical steps to conceal your identity or location. You agree to indemnify and hold PORTULENATOURS.COM  and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands, including reasonable attorney’s fees, made by any third party arising out of your breach of this Agreement or out of your violation of any law or the rights of any third party. You acknowledge that PORTULENATOURS.COM and its subsidiaries will hold information with respect to your identity, including, but not limited to, your name, address and payment details. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide. You agree to indemnify us for any losses, costs or expenses which may be incurred by us as a result of any errors contained in instructions submitted by you, or any unauthorized or unlawful use of the Website.

​

Disclaimers

We reserve the right to refuse, to provide or to suspend and/or terminate a person’s use of the Website at our absolute discretion and with no obligation to provide that person with any reasons for so doing. If, through use of the PORTULENATOURS.COM  Service, you cause PORTULENATOURS.COM  to publish, whether on the Website, via email or otherwise, potentially defamatory, illegal, obscene or offensive material, you agree that you shall be solely liable for the publication of such material and that you will indemnify PORTULENATOURS.COM  for all costs, penalties, liabilities and charges incurred by it in relation to such publication.

 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORTULENATOURS.COM  SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ALDEIADAPRAIA.PT SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE, IF LEGAL IN THE APPLICABLE LEGISLATION, OUR RESPONSIBILITY SHALL BE LIMITED TO WILFUL ACTION AND GROSS NEGLIGENCE. IF NOTWITHSTANDING THE ABOVE DISCLAIMERS ALDEIADAPRAIA.PT IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE EVENT OR DEFAULT IN QUESTION.

​

Intellectual property

The information contained in the Website is copyrighted and protected by worldwide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, PORTULENATOURS.COM does not grant any express or implied right to you or any person in any intellectual property rights, details of members or trade secret information. PORTULENATOURS.COM is the owner or authorized user or licensee of all the intellectual property rights in the Website including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logo(s) or any right subsisting in Portugal or elsewhere in respect of formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein you or any other persons are not permitted to interfere with, infringe or violate any intellectual property rights of PORTULENATOURS.COM  or its licensors and you agree not to interrupt or attempt to interrupt the operation of the Website. PORTULENATOURS.COM  shall seek legal redress to the fullest extent of the law against any individual(s) or company(s) which interferes with, infringes or violates or attempts to interfere with, infringe or violate any intellectual property rights in the Website anywhere in the world. Subject to our Privacy Policy that you will find at the end of our homepage at PORTULENATOURS.COM , any person that posts data, information, material or content on the Website shall give PORTULENATOURS.COM a worldwide, royalty-free, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, link, modify, adapt, frame, brand, distribute and publish such data, information or material on any media now known or later developed.

​

Force Majeure

We shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control including but not limited to government or regulatory restriction, act of God, power cut, trade or labor dispute, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if you are unable to access your online service provider), unauthorized access, theft, operator errors, severe weather, earthquakes, terrorist attack, floods and strikes or other labor problems. In such an event, we reserve the right to cancel or suspend the PORTULENATOURS.COM Services without incurring any liability. We shall not be liable neither for the internet connection nor for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the PORTULENATOURS.COM  Services, or prevent you from being able to contact us.

​

Changes to this agreement or to the PORTULENATOURS.COM Services

We may amend this Agreement at any time by posting the amended terms on the Website. All amended terms shall automatically be effective immediately they are posted on the Website. This right shall not affect the Agreement accepted by you upon making a reservation or purchase using this website. The continuing use of the Website and the PORTULENATOURS.COM Services by a person following such modifications to this Agreement shall constitute acceptance of the new Agreement and you will be bound by such modifications. If you do not accept any such changes, then your sole remedy is to cease using the PORTULENATOURS.COM Services. You should print a copy of this Agreement as amended from time to time and retain it for your records. PORTULENATOURS.COM  reserves the right to change the format and contents of the Website and other PORTULENATOURS.COM Services.

​

 

 

Miscellaneous

If one or more provisions of the present Agreement shall be or become completely or partly ineffective, the validity of the remaining provisions shall remain in force. The ineffective provision shall be replaced by an effective provision meeting most closely the economic intentions of the Parties. Same shall apply in case of a loophole requiring supplementation. The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until PORTULENATOURS.COM has received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not. In contrary and due to the fact that PORTULENATOURS.COM is sending out and receiving a huge number of emails per day, an email shall be considered to be received by PORTULENATOURS.COM  as soon as PORTULENATOURS.COM is confirming receipt or answering to the according email. Any amendments or supplements to this Agreement shall be in writing or via email. The same shall apply to the waiver of this clause. No delay or failure of PORTULENATOURS.COM  in enforcing against you any term or condition of this Agreement and no partial exercise by PORTULENATOURS.COM  of any rights hereunder, shall be deemed to be a waiver of any of our rights under this Agreement. You hereby agree that this Agreement shall be binding upon your heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of PORTULENATOURS.COM  and its successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice. The relationship between PORTULENATOURS.COM  and you established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to:

1. Give either party the power to direct and control the day-to-day activities of the other;

2. Deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or

3. Other than as stated in this Agreement, permit either party or any of either party’s officers, directors, employees, agents or representatives to create or assume any obligation on behalf of the other party for any purpose whatsoever. The parties agree to attempt to settle all disputes arising out of and in connection with this Agreement in an amicable way. No legal proceedings shall be started if not one party has requested the other party to agree to mutual settlement of the dispute within a period of one month.

​

Jurisdiction and Governing Law

This agreement is governed by the laws of Portugal. The courts in Sintra shall have exclusive jurisdiction to decide any disputes arising in relation to this Agreement. Should this clause be fully or partially invalid due to any reasons whatsoever, jurisdiction and / or governing law shall be determined by the rules of the relevant international private law.

​

​

​

​

​