Términos y Condiciones
1. INTRODUCTION
While using or visiting the website hosted in www.pestana.com (“Site”) or the information, data files, written text, charts, links, audio files and other sound, photographs, videos and other images (together referred to as “Contents”), resources and services, including newsletter (together, and including Contents, referred to as “Services”) made available through the website, you are, either as a user or visitor (“User”), agreeing with and accepting (i) these terms of use (“Terms of Use”) and (ii) the privacy and data protection policy available at [ ] (“Privacy Policy”). The Site is property of PESTANA MANAGEMENT - SERVIÇOS DE GESTÃO S.A., a company with its registered office at in Rua Jau, n.º 54, 1300 - 314, Lisboa, registered in the Commercial Registry of Lisboa, under registration and taxpayer number 511230397, with a share capital of EUR 1.000.000,00 (“Pestana Management”), an entity which incorporates the Pestana Hotel Group.
Through the Site, Pestana Management provides the User with access to the Services. The Services, including updates, developments, new tools and/or new Web properties, are subject to the Terms of Use.
It is possible to make reservations for travels and/or accommodation through the Site, although the contracting party in contracts entered into through the Site, whose object is the rendering of travel services, will be another entity of Grupo Pestana, duly licensed and identified in the General Reservation Terms. Pestana Management merely offers the platform on which the User hires the services, and will not therefore be liable for any problems arising from the fulfillment of such contracts.
2. GENERAL OBLIGATIONS AND RESPONSIBILITIES OF THE USER
Pestana Management reserves the right to change these Terms of Use at any time, merely by posting the respective modifications online on the Site, and the User is the sole responsible for verifying and complying with the terms in every access to the Site. By continuing to use of the Site after the changes are posted you are stating to have accepted the updated version of the Terms of Use. In case you do not agree with the modifications made or, in general, with the Terms of Use, you must immediately cease to use the Site and the Services.
By accessing, using and downloading material from the Site, you agree, in your own name and/or on behalf of the entity you represent, to strictly comply with the provisions of the Terms of Use, further warranting you have the power to act on behalf of the third party you represent, if applicable.
The User must not, under any circumstances, access the Services by any other means other than the interface made available by Pestana Management, or access (or try to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers).
Under no circumstances must the User use the Site for any other purposes other than the purpose of the Site, including illegal purposes, or any other ends that may be considered harmful to the market image of Pestana Management. Usurping, counterfeiting, and using usurped or counterfeited content, as well as non legitimate identification and unfair competition are criminal offenses punished by law.
Additionally, the User must not create or place on the Site any type of virus or programs that may harm or contaminate it, and must not advise others to do so.
User Account
In order to access certain Services and restricted areas of the Site, the User may be required to provide some personal data (such as identification and contact details), in the scope of the registration process for the creation of a User account at the Site (“User Account”). A valid e-mail address, to which the user has the right to legitimately access, must be provided, as well as any other information necessary for the conclusion of the registration process. The information provided must be updated, complete and accurate.
The User is responsible for maintaining the confidentiality of his/her/its password. In case the User detects illicit use of his/her/its User Account, he/she/it must immediately communicate the occurrence to Pestana Management. Notwithstanding, he/she/it may answer for the illicit use of his/her/its User Account or password before Pestana Management or a third party.
The User Account may only be used by a third party with consent from the account holder.
The User is the sole responsible for any damage deriving from or loss of profit caused by his/her/its illicit conduct while using the Site and the Services, and for the Contents he/she/it makes available on the Site.
In case Pestana Management deactivates, or in any other way prevents the User from accessing his/her/its User Account, the User understands and accepts that he/she/it may be prevented from accessing certain restricted areas of the Site, his/her/its User Account details or any contents therein.
3. RIGHTS AND OBLIGATIONS OF PESTANA MANAGEMENT
Pestana Management reserves the right to (i) modify, add or remove portions of the Terms of Use, at any time; (ii) modify or terminate the Services under any grounds and without previous notice, at any time; (iii) remove User Accounts whose contents are illicit, offensive, threatening, defamatory, pornographic, obscene or condemnable, or that violate third party intellectual property rights or these Terms of Use; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in total or in part. These changes will be effective from the date of their posting on the Site or the date on which such notifications are sent.
Pestana Management commits to provide technical support to the User, regarding the User Account, which will be available via e-mail.
4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
Ownership
All information on the Site and the Services, and all data and information compiled by Pestana Management and associated to them (such as data files, written text, Software, music, audio files and other sound, photographs, videos or other images) to which the User has access as part of the Services or by using the Services, are deemed property of Pestana Management (or of an entity of Grupo Pestana or a third party, when duly identified). The User may not modify, let, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partial or total), unless with express consent from Pestana Management or a third party holder of the respective intellectual property and personality rights.
The User recognizes and agrees that Pestana Management and applicable entities of Grupo Pestana (as applicable) own all intellectual property rights (both registered or unregistered rights in any part of the world where such rights may exist) relative to the Services. Pestana Management and applicable entities of Grupo Pestana (as applicable) own all rights not expressly granted to the User by these Terms of Use.
The User agrees also not to remove, hide, or change any intellectual property rights notices (including copyright and trademark notices) that may be posted or stored in the Services.
Brands and related material
Unless expressly authorized by Pestana Management to do so, the Terms of Use do not offer the User a right to use any trademarks or registered trademarks, service brands logos, domain names, and other brand characteristics distinctive of Pestana Management or any other entity of Grupo Pestana.
Software
Pestana Management grants the User a personal, worldwide, free of charge, non transmissible and non exclusive license to use the reservations interface made available in the Site as part of the supplied Services (“Software”). This license has the purpose of allowing for the use and enjoyment of the reservation service as it is made available in the Site, and under the provisions of the Terms of Use.
The User may not, and may not allow any third parties to copy, modify, create a derivative work, reverse engineer, decompile, or, in any other way, try to extract the source code of the Software or any part of the Software, unless with express consent, or as foreseen by the applicable legislation, or if the User has been specifically authorized to do so, in writing, by Pestana Management. Unless Pestana Management has granted the User specific authorization, in writing, the User may not give (or sublicense) his/her/its rights to use the Software, neither may he/she/it grant his/her/its rights to use the Software as security nor, alternatively, transfer any part of his/her/its rights to use the Software.
5. DISCLAIMER OF WARRANTIES
To the extent permitted by the applicable legislation, the services are provided "as is", and "as available", and Pestana Management does not grant any type of warranty regarding the services. Especially, Pestana Management does not warrant the user that (i) the use of the services meets his needs or expectations; (ii) the use of the services is uninterrupted or timely, safe, or error free; (iii) any information obtained from the use of the services is accurate or reliable; and (iv) defects, if there are any, in the operation or functionality of any software supplied as part of the services will be corrected.
Conditions, warranties, or other terms (including any implicit terms in what concerns satisfying quality, fitness for a purpose or conformity with the description) do not apply to the services, except when expressly established by the Terms of Use.
The use of the site, services, and any material downloaded, or in any other way obtained by using the services, is at the own risk and expense of the user, who is the sole responsible for any damage and loss of profit related to the equipment on which he/she/it uses/views the site, the services and the materials made available therein.
The Terms of Use will not affect the rights foreseen by the applicable legislation, to which the user is always entitled in the capacity of consumer, when he/she/it intervenes and relates to Pestana Management in such capacity, and which, under the contract, he/she/it may not agree to change or waive.
No recommendation or information, oral or written, from Pestana Management will be construed as a warranty of any type, unless if expressly defined by the Terms of Use.
To make the access easier for the user, Pestana Management may include links for internet sites owned or operated by third parties. When the user uses those links to third-party sites, he/she/it must previously review and accept the rules of that site. The user must also accept that Pestana Management does not control the contents of those third-party sites and cannot undertake any responsibility for the material created or posted therein. Additionally, a link to a site not owned by Pestana Management does not mean that Pestana Management endorses such site or the products and services therein.
6. LIMITATION OF LIABILITY
To the extent permitted under the applicable legislation, Pestana Management is not liable before the user for:
(i) any damage deriving from the use of the site and the services, including reservations of travels and/or accommodation, since this service is rendered by another entity of Grupo Pestana;
(ii) any damage deriving from: (a) any judgment the user makes regarding the integrity, the accuracy or the existence of any advertisement or any relationship or transaction made with an advertiser, whose publicity is presented on the services or on the newsletter of Pestana Management; (b) any changes Pestana Management may perform on the services or any permanent termination of the services (or any of the services’ functionalities); (c) the removal, corruption or storage error of any content or communication data stored or transmitted when using the services; (d) direct or indirect violation of the Terms of Use; (e) non-maintenance and confidentiality of the user password or account details.
The responsibility of Pestana Management by way of compensation by any damage and loss of profit regarding the site and the services, caused by Pestana Management, their representatives or auxiliaries, is limited to the cases of intent or gross negligence. In case the user disagrees, in total or in part, with the site or the services, or these Terms of Use, he/she/it may only cease to use the site or services, as applicable, and demand cancellation of his/her/its user account.
7. PRIVACY POLICY
The Privacy Policy is available in Privacy Policy page. The document has an explanation of the procedures adopted by Pestana Management and third parties rendering services through the Site, in the scope of the handling of the users’ personal data and the protection of their privacy when using the Site and the Services. You accept that Pestana Management will collect and handle your personal data under the terms of the Privacy Policy.
8. GENERAL PROVISIONS
Prevalence
In case of conflicts between the Terms of Use and other specific provisions or specific terms and conditions on the Site concerning certain materials, those will prevail
Exercising rights
The choice not to exercise any rights or provisions, as foreseen by the Terms of Use, by Pestana Management must not be deemed a waiver to such rights.
Entirety
The Terms of Use are the entire agreement between the User and Pestana Management concerning the use and consultation of the Site and the Services, by the User, and regulate their use (excluding any Services that may be supplied by Pestana Management in the scope of a separate contract), fully replacing any previous agreements made between the User and Pestana Management concerning the Site and the Services.
Reduction
Non validity, declared by judicial or arbitrary rulings, res judicata, of a provision of the Terms of Use, does not determine the non validity of the remaining provisions, and Pestana Management reserves the right to, if applicable, modify the Terms of Use in order to suppress the non valid character of the provision.
Notices/Communications/Complaints
Any notifications and communications from Pestana Management to the User under the Terms of Use must, preferably, be sent to the e-mail or home addresses made available by the User on his User Account, without prejudice of Pestana Management’s ability to resort to other elements and contact methods.
Any notices, communications and complaints from the User must be sent, preferably, to the e-mail.
9. APPLICABLE LAWS AND JURISDICTION
The Terms of Use, as well as the User’s relationship with Pestana Management in accordance to the Terms, are ruled by the applicable laws of the Portuguese Republic. The User and Pestana Management agree to submit to the exclusive jurisdiction of the county courts of Lisbon the resolution of any legal issues deriving from the Terms of Use, without prejudice of the mandatory legal regulations applicable. Notwithstanding, Pestana Management may apply an injunction (or an equivalent mean of urgent legal compensation) in any jurisdiction.
BOOKING TERMS
1. SCOPE
1.1. The present general terms (“Booking Terms") govern and are an integral part of the contract for services entered into through the website www.pestana.com (“Site”) between Intervisa – Viagens e Turismo Unipessoal, Lda., a company with its registered office at Rua Jau, nº54, 1300-314, Lisboa, registered in the Commercial Registry of Lisbon with unique matriculation number and legal entity 502669152, permit nr. 163/1962, with a share capital of 200.000 EUR and the customer that subscribes the contract (“Customer”), for the purposes of providing reservation services of accommodation ("Accommodation") and the respective subsidiary travel services in hotels ("Hotels") owned by or explored by any society that is part of the hospitality group Pestana Hotel Group and also, when contracted, of transportation services (“Transportation”) or other travel services requested by the Customer or offered to the Customer by this entity as a Travel or and Organized Travels (“Contract”).
1.2. For the purposes of the Contract, a “Travel” shall mean a travel that combines at least two of the following services: Accommodation, Transportation or travel services not subsidiary of the aforementioned; an “Organized Travel” shall mean a Travel that is sold or proposed for sale at an all included price, when it exceeds twenty-four hours or includes at least a one night-stay in an Accommodation.
1.3. The execution of the Contract, that will occur after the Customer confirms the reservation through the Site, is made pursuant to these Booking Terms, which the Customer must acknowledge and accept through the validation of a checkbox for that purpose in the reservation form. In addition to the foregoing, the Customer further acknowledges and accepts the Terms of Use of the Site and respective Privacy Policy.
2. RESERVATIONS
2.1. While booking a reservation, the Customer must fill in the respective form correctly, providing, notably, the Hotel, Accommodation and (if applicable) the intended Transportation, departure dates, check-in and check-out and applicable tariffs, always subject to availability confirmation by Pestana Travels, as well as his/her personal data and payment information. The user is entirely responsible for the choices made and the information made available, that should be complete, accurate and updated.
2.2. With the confirmation of the reservation details by the Customer, a reservation code shall be automatically generated. This reservation code should be referenced in all contacts with Pestana Travels. After confirming the reservation, and subject to payment pursuant to section 9, the Customer is entitled to the services booked, under the terms and conditions set forth in the respective proof of reservation and in the Contract.
2.3. When a Customer has reserved only Accommodation, the Customer is fully responsible for the obtainment and/or contracting of means of transportation that allow him/her to enjoy the contracted services, without prejudice of the Customer being able to contract that service to Pestana Travels autonomously (if available and subject to acceptance by Pestana Travels).
2.4. Equally, the Customer assumes full responsibility for possessing and/or obtaining the documents necessary (such as identification documents, authorizations, visas and vaccination certificates) to enter the country and/or locality of the Hotel or an airport (should there be any connecting flights) during the booked trip. In the event the Customer has reserved only Accomodation, he/she shall be solely responsible for gathering the necessary information regarding these conditions. Pestana Travels does not assume any responsibility for the refusal of granting the Customer visas or permissions to enter any country. In this case, section 10 applies.
2.5. The organization of Organized Travels is made by Pestana Travels, except if the travel program expressly establishes otherwise.
2.6. In light of the regimes and special tariffs for children, that vary, among other factors, based on age, the service renderer and travel dates, Pestana Travels advises the Customer to previously seek information before making a reservation.
2.7. There is no debt or any reimbursement to the Customer for goods and/or services that, despite being placed at his/her disposal, the Customer decides not to use.
3. BENEFITS, PROMOTIONS AND DISCOUNTS
3.1. Depending on the agreements entered into by Pestana Travel with third parties ("Partners") and which are effective as at the date of booking by the Customer, he/she can have access to discounts and special tariffs ("Benefits") in the booking of a reservation, as long as the Customer is fully entitled by the Partner to access such Benefits and correctly introduces the corresponding identification number. Pestana Travels reserves the right to contact the Partner to obtain confirmation of the applicability of Benefits to a Customer.
3.2. Apart from the provisions of clause 3.1, Pestana Travels may post on the Site certain promotions (“Promotions”) and discounts (“Discounts”) in the reservations booked by the Customer, that may have a specific time frame.
3.3. The following conditions are applicable to Benefits, Promotions and Discounts:
i) For the benefit of determined Promotions and/or Discounts, a promotion code (“Promotional Code”), or previous payment of the reservation may be requested to the Customer;
ii) The Benefits, Promotions and Discounts are subject to confirmation of availability by Pestana Travels;
iii) Pestana Travels reserves the right to cancel the Benefits, Promotions and/or Discounts or reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial amount or when these are used in a fraudulent manner (namely, by someone who is not their rightful owner/beneficiary);
iv) The Benefits, Promotions and Discounts are only valid for reservations made through the Site and are not assignable to third parties;
v) In case of cancelation or lack of use of a reservation made in the scope of a Benefit, Promotion or Discount, the value of said Benefit, Promotion or Discount, will not be returned nor does Pestana Travels guarantee its reapplication on another reservation;
vi) In case of a change occurring, by the Customer’s initiative, of the characteristics and/or incumbency of a reservation made in the scope of a Benefit, Promotion or Discount, he/she can lose the benefit/discount granted by the reservation. In case of waiver, section 10 applies;
vii) The use of fraudulent mechanisms for the obtainment of Benefits, Promotions or Discounts holds the Customer responsible and confers Pestana Travels the right to choose between (a) the application of the tariff without discount and (b) the resolution of the Contract, and such resolution, regarding the consequences it creates, is equivalent to the resolution of the Contract by the Customer in terms of clause 10, without prejudice to the right of Pestana Travels to be indemnified by all sustained damage;
viii) Pestana Travels reserves the right to cancel and/or change at all times the Benefits, Promotions and Discounts.
4. TAXES
Except if explicitly referred otherwise, the taxes legally owed (including, notably, Value Added Tax) will be added to the reservation price, being charged by Pestana Travels to the Customer jointly with the reservation at the legal rate in force as at the date of the booking, based on the contracted services.
5. FEES
5.1. The booking of, changes to or cancellation of reservations may be subject to the payment of fees charged by Pestana Travels to the Customer, calculated in accordance with the type of reservation, date of booking (or respective change or cancellation) and the applicable tariff, to be disclosed in the moment of the booking of the reservation by the Customer. Moreover, additional fees can be charged by Pestana Travels to the Customer for changes in the reservations or cancellations, in case these are demanded by the company of the Pestana Group that operates the Hotel where the Accommodation is located or by other service renderers.
5.2. The fees are owed for each reservation booked as an offset for Pestana Travels making its online booking services available to the Customer, being charged at the moment of payment of the reservation by the Customer.
5.3. The fees owed by the Customer to Pestana Travels in the scope of a reservation are not reimbursable in case he/she does not use the goods and/or services contracted, as well as in case other events not attributable to Pestana Travels occur, except if the Customer cancels the reservation in the terms (including of deadline) described in the Booking Terms.
5.4. In case there is need for payment of airport taxes, these should be paid by the Customer in the reservation booking, or locally, at the airports where such taxes are demanded, not being included in the price of the ticket.
6. CHANGES
6.1. The Customer may make changes to the reservation of Organized Travels in the following terms and conditions:
i) Ownership. The Customer may assign his/her reservation, as long as Pestana Travel is informed in writing with at least 7 days prior notice in relation to the departure date of the trip or Accommodation check-in date, provided such assignment is possible under the terms of the transportation regulations applicable to the situation. A 15 days prior notice shall apply when the travel in question is related to cruises or long-haul air travel. In any case, the assignee and the assignor are solely responsible for the payment of the price and additional fees originated by the assignment;
ii) Other changes. Any changes to the reservations that are not referred in the previous paragraph require the full agreement of Pestana Travels and may imply changes to the price and/or be subject to the payment of fees calculated in function of the type of reservation, date of change and applicable tariff.
6.2. The provisions of paragraph ii), clause 6.1 are applicable to the changes requested by the Customer to any reservations made through the Site that are not Organized Travels with the due adaptations.
6.3. Without prejudice of the provisions of clause 6.1, Pestana Travels may make changes to an Organized Travel reserved by the Customer up to 20 days prior to the foreseen date of departure indicated in the proof of reservation, if that change reflects exclusively on the price and results of the increase in costs with transportation or fuel, duties, taxes or chargeable fees or currency Exchange fluctuations. The price will be altered in proportion to the increase verified in the taxes or chargeable fees or Exchange rate in force at the date of reservation, as applicable.
7. ACCOMODATION
7.1. The specifications of the Hotel and Accommodation are those stated in the reservation. However, since the Hotel photographs were not taken in the day the Customer made the reservations, there may be non substantial differences between the photograph and reality at the date of the use of services contracted by the Customer, which does not confer the Customer the right to any Contract modification.
7.2. The prices presented are per room and may be presented per person or based on different criteria that, in any case, will be duly indicated in the Site when the reservation is being booked. In case it is possible to make a reservation for a number of people larger than the normal capacity of the Accommodation, an extra bed might have to be added that may not be as comfortable or as high quality as the other existing beds, reducing habitable area of the Accomodation. The same will occur with children's beds.
7.3. The food regimes and its specificities are communicated to the Customer through the Site when the reservation is booked.
7.4. In case nothing is referred in the reservation, the food regime does not include any meal. In the travels with food regimes that include meals, these do not include those that coincide with the duration of the flight, the transportation from and to the airport and time waiting for connection flights.
7.5. The group, category and denomination of the hotel of the Accommodation are determined by applicable legislation of the host State.
7.6. In case the Customer presents him/herself with more people than those indicated in the reservation to use the Accommodation, the Hotel may refuse their entry, a situation for which Pestana Travels cannot be held responsible.
7.7. If there is a situation of overbooking (that is, more reservations than available accommodation) in the Hotel of the Accommodation reserved by the Customer, he/she acknowledges and accepts that Pestana Travels may place the Customer in another Accommodation of the same Hotel or in another Hotel of the same category (in any case, it is assured that the quality of the Accommodation made available is not inferior to the Accommodation reserved by the Customer), without additional costs to the Customer. For that reason, the Customer has no right to any indemnity or resolution of Contract.
7.8. As a rule of thumb, the Accommodation may be used from 4 p.m. of the date of arrival and should be left cleared before 12 a.m. of the departure date (in both cases, at the local time of the Hotel). Staying in the Accommodation beyond the check-out time may lead to the payment of additional amounts, which shall be borne exclusively by the Customer.
7.9. In case the Customer does not arrive at the Hotel until 11:59 a.m. of the check-in date indicated in the proof of reservation, the Hotel can disregard the reservation and sell the Accommodation to third-parties, a situation for which Pestana Travels cannot be held accountable.
7.10. The Customer should comply with the internal regulations of the Hotel, if any, and Pestana Travels cannot be held accountable for damages incurred by the Customer in consequence of its violation.
8. TRANSPORTATION
8.1. Because most airlines guarantee the price of its air-fares for a period not greater than 12 hours, the tariffs made available in the Site are subject to confirmation by Pestana Travels after the Customer has booked a reservation. Its price may vary as a result of the time interval between the booking and the acquisition of the ticket.
8.2. All aviation tariffs presented are subject to regulations that concern not only conditions of acquisition, but also with changes after emission and cancellation, whose contents are made available by Pestana Travels. The Customer should know these regulations and be responsible for their full compliance.
8.3. The check-in and check-out times are indicated in the local time of the respective destination and since they are determined in accordance with the schedules of the airlines, they may be subject to changes.
9. PAYMENT
9.1. The Customer must pay the amount indicated in the reservation form as a pre-requisite to be able to use the contracted reservation.
9.2. The payment of the reservation can be made by the Customer (i) in the Site, on the date of the booking or (ii) in the Hotel, on the check-in date of the Accommodation (in case this mode is available for the type of reservation made by the Customer).
9.3. If the Customer chooses to pay the reservation at the moment of booking, he/she should do so with a credit card of his/her own, within the list of issuing entities which Pestana Travels collaborates with and is made available in the reservation form, being the payment accepted by Pestana Travels within the limits authorized by the Customer's Card Issuing Entities.
9.4. Alternatively, in case the Customer intends to pay the reservation only in the Hotel, he/she can do in the terms permitted by the Hotel. The Customer should previously seek information about these terms from the Hotel or Pestana Travels on the accepted payment methods. Notwithstanding, your credit card information will always be requested by Pestana Travels when booking a reservation of the Site, for guarantee of reservation. Pestana Travels commits to charge the amount corresponding to the first night reserved only if (i) the Customer does not show up on the Hotel at the check-in date indicated in the proof of reservation or (ii) cancels the reservation without the previous warning set forth in the respective proof of reservation, which the Customer expressly accepts and authorizes.
9.5. The credit card information inserted by the Customer is protected by Verisign under the terms of the Pestana Travels Privacy Policy.
10. CANCELLATION
10.1. When the Customer has reserved an Organized Travel, and only in this case, the Customer can at all moments give up on the reservation and terminate the Contract, as long as the Customer communicates such cancellation to Pestana Travels until the date indicated in the proof of reservation. In that case, he/she has the right to receive the amounts paid for the booked reservation, deducted from the following costs, calculated in accordance with the reservation booked:
i) Management expenses. Management and administrative expenses incurred by Pestana Travels for the obtainment of the reservation and its cancellation;
ii) Annulment expenses. Non-reimbursable annulment expenses charged by the Hotel's operating company where the Accommodation is located or by other service renderers (airlines, tourist guides etc.);
iii) Cancellation penalty. A penalty for cancelling the reservation, no greater than 15% of the amount paid by the Customer.
10.2. Pestana Travels reserves the right to cancel an Organized Travel in case the number of participants is inferior to the minimum required by Pestana Travels to set up the Organized Travel, and should inform the Customer in writing with at least, 5 days prior notice.
10.3. The cancellation of any reservations made through the Site that are not Organized Travels implies the loss, in favour of Pestana Travels, of any amounts paid by the Customer, except if the contrary expressly results of the respective proof of reservation.
11. IMPOSSIBILITY TO PERFORM
When Pestana Travels cannot perform any of the obligations resulting from the Contract, and such impossibility is not attributable to Pestana Travels, it should notify the Customer immediately thereof. If the impossibility respects to an essential obligation, the Customer can terminate the Contract without any penalty or accept, in writing, a change in the Contract and an eventual variation to the price. The Customer should communicate his/her decision to Pestana Travels within 4 days as of reception of such notice. In case the Customer does not answer to the notice sent by Pestana Travels, such silence will be deemed as an agreement to the change.
12. COMPLAINTS
12.1. Any deficiency in the execution of the Contract relative to the services rendered by third-parties should be communicated to Pestana Travels in writing in a maximum of 20 working days after the end of the services contracted by the Customer.
12.2. For a complaint to be analyzed by Pestana Travels, it needs to be participated by the Customer to the service renderer (Hotels, air-companies, guides, etc.) during the course of the trip or stay, and the Customer must obtain the documents that prove the occurrence.
12.3. In case of a complaint presented for non-compliance of the services contracted to Pestana Travels, the Customer can trigger the deposit set forth in the applicable legislation (as long as the complaint is based on the non-compliance of duties which performance is guaranteed under said deposit). For that effect the Customer shall file a motion requesting Turismo de Portugal, I.P. to notify the guarantor with the following ancillary documents:
i) Court sentence res judicata, which shall bear a due, certain and liquid debt;
ii) Arbitration decision;
iii) Motion requesting the intervention of the arbitration committee, in the terms of the applicable legislation, instructed with the elements evidencing the alleged facts.
13. LIABILITY
13.1. In what concerns Organized Travels, Pestana Travels is liable to the Customers as pursuant to the law, except if:
i) The cancellation is based on the fact that the number of participants in the Organized Travel is inferior to the minimum required and the Customer is informed in writing of the cancellation on the deadline set forth in the travel program;
ii) The non-compliance does not result from over-booking and is due to situations of force majeure or fortuitous occurrences motivated by abnormal and unpredictable circumstances non attributable to Pestana Travels, which consequences could not have been avoided after all diligences were made;
iii) It is demonstrated that the non-compliance is due to the conduct of the Customer or the unpredictable actions of a third-party unrelated to the services set forth in the Contract;
iv) Pestana Travels cannot legally trigger the right of recourse against third-party service renderers set forth in the Contract, in the terms of the applicable legislation;
v) The provider of the Accommodation cannot be held responsible for the deterioration, destruction or loss of luggage or other items.
13.2. In respect to the rest of the travels that are not referred in clause 13.1, Pestana Travels is only liable for damages arising from the incorrect emission of the Accommodation and Transportation documents and for the negligent choice of the service renderers, except if these were suggested by the Customer.
13.3. Whenever Pestana Travels is limited to intervene as a mere intermediary on the reservation of the services requested by the Customer, the liability of Pestana Travels towards the Customer is limited to damages arising from incorrect issuance of the Accommodation documents (and, when applicable, Transportation documents).
13.4. To the extent allowed by the applicable legislation, Pestana Travels is not responsible for damages that might originate in any unpredictable circumstance or that is out of its control and also, expressly and as an example: delays or network failures, interferences, interruptions, viruses, breakdowns and/or disconnections in the operational functioning of the Site or the computer devices and equipments of the Customer, or any other anomalous functioning of the reservation service for causes that escape its control and that stop the booking of the reservation.
13.5. The Customer is liable towards Pestana Travels as pursuant to the law.
14. WARRANTIES
The liability of Pestana Travels, emerging from the obligations assumed before the Customer, is guaranteed by a liability insurance contracted by GENERALI – Companhia de Seguros, S.P.A., with policy nr. 0151 10001958 000 , in the amount of EUR 250 000 , and for a bond provided by bank guarantee whose beneficiary is Turismo de Portugal in the amount of EUR 45 023 , under the terms and with the exclusions established in the applicable legislation.
15. INDEMNIFICATION
15.1. The liability of Pestana Travels has as a limit the maximum amount demandable to service renderers pursuant to the Warsaw Convention of 1929 on International Aerial Transportation and the Bern Convention of 1961 on Railroad Transportation.
15.2. Concerning maritime transports, the liability of the travel agencies towards its customers for the rendering of the service of Transportation, or Accommodation, when that is the case, by maritime transportation companies, in the case of damages resulting from deceitful or negligent misconduct from these companies, will have the following amounts as limits:
i) EUR 441,436.14, in case of death or bodily harm;
ii) EUR 7,881, in case of total or partial loss of luggage or its damaging;
iii) EUR 31,424.26, in case of loss of vehicle, including the luggage contained in it;
iv) EUR 10,375, in case of loss luggage, accompanied or not, contained in the vehicle;
v) EUR 1,097.36, for damage in the luggage in result of damage to the vehicle.
15.3. To the extent allowed by applicable legislation, and taking into consideration clause 13.3, the liability of Pestana Travels, if any, for the deterioration, destruction or loss of luggage or other items in the Hotel where the Accommodation is located, while the Customer is accommodated there, is limited as follows:
i) EUR 1396.63, globally;
ii) EUR 448.92 per item;
iii) The value declared by the customer, relative to the items deposited at the guard of the Hotel.
15.4. To the extent allowed by applicable legislation, and taking into consideration clause 13.3, the liability of Pestana Travels for bodily harm is limited to the corresponding value at five times the price of service sold to the Customer.
15.5. The customer is obliged to indemnify Pestana Travels for all damages emerging from (including court costs and lawyer fees) the violation of the provisions of the Contract and the law without prejudice of what is especially laid out in clauses 9.4 and 10.3.
16. PERSONAL DATA
When filling the reservation form, certain data will be requested to the Customer that are susceptible of identifying him (Personal Data”). The Personal Data will be collected by Pestana Travels and processed by Pestana Management – Management Services, S.A., entity subcontracted by Pestana Travels for the effect, in the strict compliance of the law and according to the provisions of the Site’s Privacy Policy.
17. CONTACT
All communications and notifications in the scope of the Contract should be made using the information given by the Customer through the online form. Any change to the Customer’s details, as well as, any communication or notification from the Customer to Pestana Travels shall be made to the following contacts, according to the geographic location of the Hotel where the Accommodation is located:
i) Reservation of Accommodation in a Hotel located in Portugal or the rest of the world (except Africa and Brazil): guest@pestana.com;
ii) Reservation of Accommodation located in Brazil: reservas@pestanahotels.com.br;
iii) Reservation of Accommodation in a Hotel located in any African country (except South Africa): reservas.africa@pestana.com;
iv) Reservation of Accommodation in a Hotel located in South Africa: res.southafrica@pestana.com;
In addition, Grupo Pestana provides other forms of contact for the Customer to choose the most convenient one:
i) General telephone contact line: (+351) 210 158 100 (national landline call);
ii) Contact request: the Customer leaves their phone number and/or email and Grupo Pestana will contact them as soon as possible;
iii) Online chat: the Customer enters a WhatsApp link and Grupo Pestana provides a chat assistance service for booking stays or clarifying doubts.
18. GENERAL PROVISIONS
18.1. The Booking Terms are applicable only to the reservation of travel services made through the Site, being a complement of eventual specific terms agreed in writing between the Customer and Pestana Travels relative to the object matter of the Contract or referred in a specific area of the Site for a determined product or service, including the proof of reservation (“Specific terms”), that are also an integral part of the Contract.
18.2. The provisions of the Specific Terms prevail, in case of conflict, over the Booking Terms, prevailing over both any additional written stipulation especially agreed between the Customer and Pestana Travels and signed by both, which are also part of the Contract.
18.3. Once the Contract is executed it can only be changed in writing through a document signed by the Customer and Pestana Travels, which will be considered an integral part of the Contract.
18.4. The provisions of these Booking Terms can be changed at every moment by Pestana Travels for future legal relationships, without previous warning. As such, whenever you book a reservation, you should read them fully even if you frequently use the Site.
19. APPLICABLE LAW AND JURISDICTION
The Contract is ruled by the laws of the Portuguese Republic.
For the resolution of any litigation occurring from the validity, celebration, execution, non-compliance, extinction or interpretation of the Contract the County Court of Lisbon has exclusive jurisdiction, without prejudice of the mandatory applicable legal regulations.
Last modified: 10/12/2024