General Terms and Conditions
1. Contract Conclusion
A binding contract between the client and the organizer is created by verbal or written record (i.e. the reservation). By making a reservation, the client acknowledges the general business conditions as part of the contract between the client and the organizer.
2. Subject Matter
The organizer is responsible for providing the requested service as described in their website and/or in the booking confirmation. Extensions of the provided service can be considered after consultation with the organizer. Any additional costs will be borne by the client.
The prices of the available activities can be found on the organizer’s website. These are the amounts per person, in Euros, and including VAT at the legal rate. The prices are subject to change.
4. Payment Terms
The contracted activities must be paid in full when making the reservation, whether this is made online (via the organizer’s website) or in person.
When the payment is made after the deadline has expired, the organizer reserves the right to refuse to provide the service. The client shall be subject to cancellation costs in accordance with the provisions of paragraph 5 of this document. These costs shall be calculated according to the number of registered participants at the time of the cancellation, or denial of service.
5. Cancellation and contractual changes made by the client
Contract cancellations must be communicated in writing. Cancellations will only be valid after consultation with the organizer, and after their agreement. All documents received (confirmation, tickets, coupons, etc.) must be returned at that time.
In the case of a full cancellation, the following percentages of organizational costs will be charged to the contracting party:
For group reservations with more than 8 participants:
10 to 20 days before the start of the activity: 30%
2 to 9 days before the start of the activity: 75%
48 hours or less before the start of the activity or no show: 100%
For individual clients (up to 8 participants):
48 hours or less before the start of the activity: 100%
If the service provider is a third party, the third party cancellation conditions will apply. These potential costs may be additionally charged to the client.
In case of partial cancellation of a group reservation (reduction of the number of participants), the following percentage of organizational costs will be charged per person, to the contracting party:
2 to 9 days before the start of the activity: 30%
2 days or less before the start of the activity: 100%
The client is not entitled to a refund for a delay in the start or the early termination of an activity. The client shall be responsible for any extra costs resulting from the delay in the start of the activity, its early termination, or any delays. In case of a delay or change in the date of an activity up to 30 days before its start, the organizer may require the payment of an additional 10% to the total price per person. Any delays or changes to the date of an activity within 30 days of its start will be charged according to the cancellation policy described above, or based on the actual costs incurred.
6. Cancellation or contractual changes made by the organizer
A minimum number of participants is required for certain activities. The organizer reserves the right to cancel the contract. If contract compliance cannot be achieved at another date, or if the client is unable to participate in the alternative services offered, they will be refunded of any amount paid, minus the amounts corresponding to services already rendered. The organizer shall not be liable for any subsequent damage to the client. The organizer reserves the right to cancel the program in case the clients hinder or, through their behaviours, omissions or other acts, make it impossible to accomplish the program. In this case, the regulation of cancellation costs applies according to the provisions of paragraph 5. If a programme, or part of a programme, cannot be performed due to situations of force majeure, security concerns by the organizer, official regulation, strikes or uncertain weather conditions, the organizer reserves the right to cancel or shorten the activities. Any amounts paid will be returned to the client, discounting provided services, costs and maintenance fees. Please note that the safe completion of an activity is in everyone’s interest. Any decisions made by the activity manager are final. The organizer expressly reserves the right to change the activity. The organizer will provide an equivalent alternative service.
7. Conditions for participation, Participant’s obligations
A good health is required in order to participate in the activities. Participants are obliged to inform the organizer of any health problems. Participants may not take part in the activities, under any circumstances, if they are under the influence of alcohol, drugs, psychiatric medication, or similar substances. Participants are required to comply with the conditions of participation and must agree to strictly follow the instructions of the organizer, the guides, the activity leader, and their assistants. If the conditions for participation are not met, or if the instructions are not followed, the organizer reserves the right to prohibit participation.
The organizer holds an insurance against civil liability and a personal accident insurance in accordance with the law. The client has the option to additionally purchase a personal and group accidents insurance. This insurance is not mandatory, but the client’s option, and the organizer shall not bear any responsibility with respect to it.
In the event that the activity gives rise to complaints or damages, those shall be communicated without delay, in writing, to the activity leader (activity provider), and must be confirmed in writing by the head leader. The activity leader, however, shall not be entitled to recognize claims, and the confirmation of a complaint shall not have the effect of recognition of intent or gross negligence. The activity leader (activity provider) shall endeavour, within the programme’s limits and his/her possibilities, to remedy the situation. Should the situation not be sufficiently remedied, or in case the participants wish to submit a complaint, this information must be received by the organizer no later than four weeks after the end of the activity contracted in the reservation. The participant’s claim must be accompanied by the confirmation from the activity leader/ provider, as well as by any other relevant evidence. Any extemporaneous or omitted complaints, even when presented within the required timeframe, will not be accepted.
The organizer or their assistants shall not be liable for any damage suffered by the participants, provided the damage has not been caused by intent or gross negligence. The organizer is allowed to have assistants or to hire a third party to provide certain services. If the organizer legally transfers the performance of the activity to a third party, the organizer shall not be liable for that third party’s actions or omissions during the activity. The organizer shall not be liable for damage caused by the actions or omissions of the activity leader if his/her conduct is not in accordance with the responsibility provided for in the contract; for damage caused by third parties, other participants, the participant him/herself, random acts or acts of force majeure, natural disasters, official regulations, etc., or damage caused by the late return from the activity. The organizer’s liability shall cease if the participant does not follow the instructions of the activity organizer, the activity leader, etc.
11. Applicable Law and Jurisdiction
The Portuguese law, excluding international standards, is exclusively applicable to the contractual relationship. The parties agree that the legal domicile is Évora. The organizer is, however, authorized to take legal action in the client’s legal domicile.
In the event that one or more clauses are ineffective and/or incomplete, the clause that comes closest to legality will replace the ineffective and/or incomplete clause. The lack of efficacy and/or incompleteness of one clause does not affect the effectiveness of the remaining clauses.
Backcountry Tours Lda
Licence No. RNAAT 12/2016