Company General Conditions 1. INTRODUCTION 1.1. We believe in the transparency that is needed to clarify both our and your responsibilities. However, it is always our commitment to let common sense prevail (in favour of the customer), because we believe that it is the basis of every interaction between human beings, regardless of legal reasons. 1.2. We advise you to carefully read these general terms and conditions of the contract, which are the terms and conditions under which our company offers and ensures services and services relating to travel, stays and sports activities. 1.3. Participation in trips and activities of U-Adventure (later on) the organisation“) is subject to compliance with these rules and conditions and to those stated in the offers or other illustrative documentation provided by the organisation before the trip or activity, including the technical notes in the offers as reported on the website or on the program sent in booking phase 1.4 The customer is aware that our trips and excursions often lead to areas where on-site services are not always comparable to those of classic tourism and / or not always everything works perfectly and punctually. sometimes patience is required, a minimum spirit of adaptation and collaboration on the part of the client 1.5 Offers and quotations present on the site / catalog do not in themselves constitute a contractual proposal by the organisation and are subject to reconfirmation both for the quotas and for the services provided in the specific offer, based on the actual availability at the time of confirmation by the customer. 2. LEGISLATIVE SOURCES, JURISDICTION AND PRIVACY 2.1 The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by Law 27/12/1977 No. 1084 of ratification and execution of the International Convention relating to travel contracts (CCV), signed in Brussels on 23/4/1970 and the Tourism Code (articles 32-51) and its subsequent amendments. 2.2 This Agreement is governed by the laws of the Portuguese Republic . The Court of Lisbon will have exclusive jurisdiction over any dispute concerning or arising from this Agreement or its execution. 2.3All data transmitted by the customer are treated according to the current privacy regulations and will not be transmitted to third parties , except for reasons related to the performance of the procedures for the trip or the planned activity. The rules of the European Community regarding travel are recognised in principle, where not in contrast with the local regulations of the individual countries in which the services are carried out. 3. BOOKING AND REGISTRATION 3.1. The booking and registration procedure for our trips and activities (whether it takes place directly with us or through a travel agency) follows the following points: • 1. Confirmation on your part for adherence to the trip or activity via e-mail or telephone and sending the contract to us (Proposal for the sale of a package / tourist service) to be signed and returned scanned, showing our bank details for the payment of a deposit or balance (depending on the date of departure). • 2. Once the payment of the deposit or balance and the signed contract has been received, the services will be confirmed within 5 days from the calendar. • 3. If there are changes to the services, and therefore to the relative participation fees, we will notify you promptly and you will be free to dedicate not to participate in the trip or activity. In this case we will fully refund the down payment or balance. The reservation is valid only against receipt for payment of deposit and / or balance and signature of the contract. 3 . 2 . T h e c o n fi r m i n g c u s t o m e r u n d e r t a k e s t o s e n d all required documentation within the terms indicated in the travel offer or communicated via e-mail, such as copies of passports, copies of insurance contracts or other documents that must be the same used on the trip, in the terms indicated by the organisation. It also undertakes, where required or expected, to temporarily deliver on arrival or when necessary for the performance of services, passports or original documents as well as any amounts payable in cash upon arrival. 4. CURRENCY, UNITS AND PRICES 4.1. Each organisation’s offer, service or package is calculated with reference to the changes and costs of the services at the time the offer is processed. Quotas published in the online catalog or in individual offers may therefore be modified at any time as a result of changes in the currency exchange rate fluctuations , supplier tariffs, carrier rates and the costs of tourist services or similar services and adjustments which could lead to program and quota changes. 4.2.We will not make any payment to any service provider to block prices before receiving the first payment from you, according to the terms set forth in our invoice or contract. We will not be able to confirm any reservation before having received the first payment from the customer. 4.3. If, after a confirmation by the organisation of a travel proposal, currency exchange rate fluctuations occur with differences exceeding 3% of the quotas per person indicated (with the exception of increases caused by fees, tax increase, flight rates , visas or government permits, calculation errors) to the offer in question, these will be borne by the participants and communicated in advance within and no later than 20 days prior to the start of services. Increases in participation fees after this deadline are excluded. 4.4. The prices are subject to variations between the date of our offer and the date of our invoice or contract and between the date of the latter and the date of actual payments to service providers. This is due to price changes by the suppliers before the payment of the trip or activity is received, to any changes made with your agreement and to changes in the exchange rates in effect at the time of each payment received. If it had a 10% higher increase with respect to the participation fees after a confirmation of an offer by the organisation , the customer has the right to withdraw without penalty within five days after the notice. 5. PAYMENTS 5.1. Payments – unless otherwise agreed in writing, even by simple email – are made by bank transfer in the terms as indicated on the invoice sent to the client confirming registration, first deposit, balance or, if agreed, a cash payment on arrival. Any fees for visas or permits to be paid locally are always to be paid in cash and in the currency indicated. 5.2. The due dates of payments are an essential element of the contract. In the event of failure to respect the agreed deadlines, we reserve the right to change the prices or even cancel the contract signed with you. 5.3. Making a payment the customer constitutes actual travel registration. It automatically confirms that it has read and approved our general conditions of the travel contract, and undertakes to send an accounting copy of the transfer in .doc .pdf or .jpg format. for each payment. It is the responsibility of the confirming client to guarantee the sending off the payments due in the terms established above. 5.4. Each bank expense of the client bank and any intermediary bank is always charged to the customer. Only those actually credited to our accounts indicated on the invoice are recognised as sums paid. Any missing sums must be paid with the balance or, respectively, in the arrival / start of the trip or activity. 5.6.The organisation reserves the right to cancel any service without prior notification, even if in progress, if payments are incomplete within the deadlines and terms indicated on the invoice or agreed with the management. In this case, the customer loses any right to reimbursement for amounts already paid. 5.7. After 20 calendar days from the receipt of our last delivery (by e- mail or in any other written form), in the absence of confirmation from you, we can consider the cancellation of the request or concluded our services. 5.8. The services, as well as the start of the formalities for obtaining permits or visas in the name of the client and participant in the trip, are guaranteed by the organisation only after receipt of the deposit, documents and copies required for the necessary formalities. 5.9. Our accompanying staff is not authorised to request or receive payments, as well as to give refunds to the customer, if not explicitly authorised in writing, also by SMS or by email from the organisation. 6. WAIVER AND REFUNDS 6.1. Each participant registered for a trip can replace himself with another person only under the conditions of the organisation, provided that there are no other reasons or logistical problems for the organisation. In case of replacement, the renouncing customer will be charged for all expenses for changes, government permits and visas issued in his name, possible penalties from third party suppliers (accommodation, carriers for example) and the replacement customer has the responsibility to pay the sums missing and any other supplements. The organisation will arrange this replacement and missing sums in writing. However, confirming, renouncing and replacement customers cannot oblige the organisation to accept the requested replacement. However, the organisation is committed to finding the best solution for the customer. 6.2.Before the beginning of the services the participants can renounce the same at any time. The renouncement report must be sent to the organisation via email from the confirming customer. 6.3. Subject to exclusion from any reimbursement are all services subject to penalties from third party suppliers (hotels, transport and guides), permits and visas requested / reserved by the organisation on behalf of the participating client, the share of any single supplement that another participant to a travel should pay for losing double room accommodation. We recommend the travel insurance option which includes cancellation , cancellation or waiver of travel participation. 6.4.If the participant cancels their participation in the trip or activity after having confirmed and executed the payment, the following penalties will be applied to the participation fee per person: • Cancellation up to 45 days from departure: 35% penalty • Cancellation between 45 and 30 days from departure: 45% penalty • Cancellation between 30 and 15 days from departure: 60% of penalty • Cancellation between 15 and 5 days from departure: 75% penalty • Cancellation within 5 days prior to departure: 100% penalty The days are to be considered as calendar (and not working). As indicated in paragraph 6.3. all services subject to penalties from third party suppliers will not be reimbursed. 7. CANCELLATION OF THE JOURNEY BY THE ORGANISATION 7.1. The organisation reserves the right to cancel any trip or activity due to events not attributable to it , as long as this is brought to the attention of the participant, without any obligation other than the return of the sums paid. This includes cancellation of air flights, transportation, strikes, natural disasters, wars, insurrections, coups, force majeure or what is not directly attributable to the organisation. 7.2. In this case it is the organisation’s concern to promptly inform the confirming customer, compensating him for any sums already paid or offering an alternative, which the confirming customer or participating customer is not required to accept. However, no other rights can be exercised. The conditions for exclusions from travel refunds and cancellations also apply. 7.3. For our group dates , if at the time of closing the registrations (as indicated on the page of each activity or trip) the minimum number of participants has not been reached (indicated on the page of each activity or trip), we offer two solutions: full repayment of the advance payment and renouncement of the trip without any penalty, or if you still want to do the activity or the trip, we will tell you the participation fee appropriate to the final number of the participants . Also in this case, if you do not want to confirm your membership as the price has changed too much, you will be refunded the deposit without penalty In this case, your cancellation must be communicated to us no later than 2 calendar days following our email regarding the final number of participants. This is fundamental, since also the other members could see the participation fee changed in case there are fewer registered people and adapt accordingly. 8. RESPONSIBILITY 8.1. The Organisation is responsible for the correct planning and description of the offer and the execution of the services as well as the choice and quality of the suppliers. It guarantees the customer the 24- hour telephone assistance and disposition to resolve any problems during the itinerary to make the trip or the activity smooth and pleasant. Such assistance contacts will be communicated before arrival or on arrival on site to the customer. 8.2. For travel abroad, the hotel categories indicated are in accordance with the local regulations in force. Generally these categories are often considered rather modest for their category and often do not reflect international standards as the regions are relatively under-developed for tourism. The choice of the structure is our exclusive competence. The customer has the right to request others, but cannot force the organisation to accept them. 8.3. Overbooking nights can lead to variations in the performance of the services provided and will possibly be replaced with services of the same category or higher category. 8.4. Some of our trips and activities may require a minimum level of fitness to be able to participate in a pleasant and risk-free way. You are solely responsible for taking these risks. However, we recommend that you inform us, at the time of booking, if you suffer from a health problem, whatever it may be, that may represent a possible danger for you on a physical level. 8.5. The transport contract of each airline is the only one to regulate the relationship between you and the airline . We disclaim any liability even if the flight booking has been made through us. 8.6. They are not included in our offers: insurance policies, entry visas in countries requesting them where not indicated, supplements for excess baggage, tips, meals and beverages not specifically mentioned in offers, visits or excursions made outside of the described itinerary, personal expenses such as laundry, dry cleaning or other, telephone and telecommunications charges, the activities proposed in option. The latter always depend on availability. 8.7. The organisation should indicate transfer times, duration of flights, walks etc. refers exclusively to approximate journey times without any stops or delays for any reason. 8.8.The organisation is not responsible for deficiencies on individual services, caused by conditions that could not reasonably be foreseen or resolved, as it is impossible to visit a place for closure, restoration, indicated holidays moved to other dates, as well as for reasons of force majeure such as strikes, adverse weather conditions, natural disasters, civil and military disorders, riots, acts of terrorism, political raids, catastrophes , delays or cancellations of transport and flights, road interruptions, refusal to issue previously booked airline tickets or refusal of boarding by airlines or transport companies, flight cancellations or delays and other similar events not attributable to the ‘organisation. Any services that for these reasons should fail, cannot be replaced or reimbursed. 8.9. The organisation cannot be held responsible for theft or damage to baggage or any type of equipment / equipment as transportation is often difficult. The fall of a wearer, landslides or accidents, for example, can cause damage for which we decline all responsibility and it is therefore advisable to ensure the baggage against such and similar eventuality. 8.10. The issuing of government or visa permits that the organisation requires in the name of the client or for its personnel are the exclusive responsibility of the competent authorities (embassies, ministries, government bodies). The same authorities can refuse access to specific areas or to continue the service or journey. 8.11. Any additional costs resulting from these or similar causes mentioned above, such as overnight stays, meals, porterage, additional transport will be charged to the participants, payable also to those who provide the service at the time as any operating expenses of the organisation for the reorganisation of services and it will not be possible the refund / exchange for missing services. To deal with any additional costs such as extra overnight stays, meals, transport, etc. not included in the offer, we advise you to keep a sufficient amount in cash. 8.12. Participating customers must have the same passport valid for all countries covered by the itinerary, as well as residence and transit visas and any health certificates required, except for those that the organisation requires on behalf of the client. They must also comply with the rules of normal prudence and diligence and with the laws in force in the countries of destination of the trip, with all the information provided to them by the organiser, as well as with the regulations and administrative provisions. The participants will be called to answer for all the damages that the organiser should suffer due to their non- fulfilment regarding the obligations examined above. 8.13. Participation in the organisation’s services is always the personal responsibility of the participants. The customer is responsible and declares at his own risk that he is aware of the risks involved in sports activities, which is appropriate, in terms of health and required technical experience, to the nature and related risks of travel or outdoor activity. 8.14. The organisation, not being able to verify the suitability of the participants before the beginning of the planned services , whether for leisure or cultural trips, but also for trips that include mountaineering, sports in nature in general or at high altitudes, also commonly defined as outdoor or sports activities, reserves the right not to allow the client to participate in the trip or activity, if necessary, even on arrival or during the journey or activity if the participant is found to be unsuitable or a risk for the other participants or the journey or activity, even for psychological reasons at the last minute. Therefore each confirming client is obliged to verify that, in addition to himself, the participating customer registered by him or her, is suitable for all the planned activities and acknowledges that the organisation cannot be responsible for any danger and risk deriving from its participation. 8.15. The issuing of government or visa permits that the organisation requires in the name of the participating client or for its accompanying personnel are the exclusive competence of the competent authorities (for example Embassies, Ministries, Government agencies) and the organisation declines all responsibility in this regard. 8.16. Subsequent penalties or expenses will be borne by the participating customer. Furthermore, the organisation refuses all responsibility inherent to the continuation of the service or travel at any time if local authorities refuse access to areas or do not allow the continuation of the service or journey. 9. INSURANCE 9.1. For trips abroad, the organisation strongly advises its travellers to take out insurance coverage for medical expenses, repatriation, travel cancellation or travel cancellation during the course of the trip (eg due to failure to issue visas on site, etc.) or flight (including national visa), theft, damage or loss of luggage and if the travel includes activities such as hiking (trekking), mountaineering, rafting, paragliding, mountain biking or other outdoor activities, including coverage for emergency search cases and evacuation / helicopter rescue. Possession of travel insurance is strongly suggested for participation in our trips, however the organisation is not required to verify the suitability of the coverage clauses in the insurance contract agreed by the customer with his insurance, as it does not have competence in the matter . Participants are not insured by the 9.2. A copy of the original insurance contract , if present, must be sent to the organisation by the confirming customer at least 14 days before the beginning of the services. Each customer is responsible for himself if he is not covered by insurance during the trip or service offered by the organisation, which is not obliged to check whether the customer is or is not insured. 10. MODIFICATIONS 10.1. In principle, the acceptance of any change is at the discretion of the organisation . The organisation is entitled to replace hotels and / or resorts with others of similar characteristics, or other changes that may arise due to operational reasons. If the participating customer cancels on- site services or makes changes that are not confirmed and accepted by the organisation, the same declines all responsibility for economic reimbursement to the customer, for costs or risks arising. 10.2. The special requests, such as for example rooms for smokers / non-smokers, adjoining or adjoining rooms, a special diet, early check-in or late check-out, must be made at the time of booking request, against payment of a supplement. We will do everything possible to access the requests, but we cannot guarantee that they will be met. 10.3. Expenses arising from program or service changes due to errors in the proposals after confirmation by the organisation or through its fault cannot be attracted to the customer. 10.4. Requests for changes to proposals before a final customer confirmation are possible. Continue requests for changes they involve, in addition to the adjustment of costs, the charge of 20 euros per change / person for labor costs. 10.5. Extra services on site resulting from reasons not attributable to the organisation, for example but not only due to cancellation or delay of flights, refusal to continue, refusal to issue permits or visas, landslides, natural disasters, strikes, etc. are charged to the customer and to be paid directly at the time on site or at the request of the organisation. 10.6. If the customer requests changes after his confirmation, if operationally possible and accepted by the organisation, they are subject to cost adjustment and a charge of 20 euros per change / person charged to the customer. If the customer requests changes during the trip or activity, these, if operationally possible and accepted by the organisation, are subject to charges to be paid by the customer which will vary according to the type of modification requested. There are no refunds for services not taken or outside the organisation’s responsibility. 10.7. In case of changes during the journey or due to force majeure as interruption of both air and land transfers, even without prior notice, or for other reasons of force majeure not due to the organisation, if necessary to proceed with the journey or activity, it may happen that you have to use transport, accommodation and other services alternative and we advise you to keep available a sufficient amount in cash, keeping each bill or receipt of expenses incurred for a possible request for reimbursement of your insurance. 11. DISSERVICES, CLAIMS AND COMPLAINTS 11.1. For minor disruptions during the trip or activities, such as a bathroom or a malfunctioning light bulb in the hotel, the customer is asked to contact the reception / hotel staff first and only later to the assistance of the organisation if not finds a satisfactory solution and within a reasonable time. 11.2. Any failure , in the execution of the contract by the organisation, must be contested by the customer without delay by calling the assistance telephone numbers, operating 24 hours a day, so that the organiser can promptly remedy them directly, through his local representative or the accompanist. 11.3.The customer must also, under penalty of forfeiture, lodge a complaint with the organisation directly or through the travel agency where he booked the trip by sending a registered letter, with return receipt, or by e-mail (email) with confirmation request receipt, no later than ten working days from the date of the end of the journey / end of services. 12. AUTHORITY 12.1. The customer is obliged to contact only the telephone assistance or the site for any requests for changes to the program or services and the organisation declines all responsibility for any consequence deriving from changes of services or itinerary made without the approval and confirmation in writing also by e-mail / SMS from the organisation since the staff employed or whoever carries out the services is not authorised neither to propose nor to accept requests for changes of single services, visits or itinerary on behalf of the organisation. 12.2.Unless otherwise indicated in writing by the participant of a service offered by the organisation, it is agreed that every photographic, video or written image taken by the same client and transmitted to the organisation or made by collaborators of the organisation that also include the participant will eventually be used on our website, in magazines, other media or media. 12.3. Additional clauses or changes to these “general contract conditions” are not valid unless confirmed in writing, including by e- mail, by the organisation. 13. JURISDICTION 13.1. For any dispute, the forum where the registered office of the organisation is located will be competent , namely Lisbon , Portugal 13.2. The contract is governed by Portuguese law and in the event of a dispute that cannot be resolved amicably, the exclusive jurisdiction is conferred on the Portuguese court.
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