last edited – May 2023
Translations of these materials into languages other than Portuguese are intended solely as a convenience to the non-Portuguese-reading public. Any discrepancies or differences that may arise in translations of the official Portuguese versions of these materials are not binding and have no legal effect for compliance or enforcement purposes.
The General Conditions of an Organized Trip or Linked Travel Service, the pre-contractual information, the corresponding standard information sheets, and the specific conditions stated in the travel documentation provided to the Traveler prior to the trip booking constitute the travel contract binding both parties.
This means that, in the absence of an autonomous document, these general conditions and their respective annexes form the organized travel contract.
This contractual information is binding for the agency unless:
▫️ It’s expressly provided for in the program;
▫️ The modifications to it are insignificant under the law;
▫️ Information on the modification is provided to the traveler on a durable medium;
These general conditions comply with the provisions of Decree-Law no. 17/2018 of March 8th.
The organization and sale of the trips presented are by TUGA.ME – Agency, Lda, headquartered at Urbanização Cerveira, Store 18, 4920-245 Vila Nova de Cerveira, Portugal, Tax Identification Number “VAT” PT516153765, with a capital of 50,000.00 EUR registered at the Commercial Registry Office R.N.P.C., and with RNAVT (Portuguese National Registry of Travel and Tourism Agencies) no. 9418, and RNAAT (Portuguese National Registry of Tourist Entertainment Agents) no. 34/2021, email [email protected].
2.1. At the time of registration, the Traveler can choose to pay in full or partially for the service.
2.2. If the traveler chooses partial payment, a deposit of 30% (non-refundable signal) of the service price should be made, settling the remaining 70%, under the terms and on the dates indicated during registration, which must be fully settled 60 days before the start of the service.
2.3. If the registration takes place 60 days or less from the service start date, the total price must be paid at the time of registration.
2.4. Payment conditions may differ for certain destinations or specific trips, and information regarding these payment conditions will be duly provided in the pre-contractual information of the said trip.
2.5. TUGA.ME – Agency, Lda reserves the right to cancel any registration whose payment has not been made under the conditions mentioned above.
2.6. Reservations are subject to confirmation of all services by the suppliers.
2.7. Payment is accepted, in part or in full, only after confirmation of the reservation in writing (email or other) by the Agency.
2.8. By registering, the Client assumes several commitments to TUGA.ME – Agency, Lda
▫️ Having acknowledged and accepted these Terms and Conditions of participation, as well as the travel program in which the Client registers, which constitutes the specific conditions of participation in the trip.
▫️ Being in appropriate health conditions for the trip in which they are enrolling and accepting the nature of the trip, especially the risks arising from the impossibility of immediate access to medical assistance.
▫️ Being aware of the type of physical, cultural, and psychological demands the trip may involve and that may lead to unforeseen situations.
3. MINIMUM AGE
The minimum age for TUGA.ME trips are 18 years old. From 16 years old will be accepted if accompanied by parents (both parents or just one, according to legislation).
4. MINIMUM NUMBER OF PARTICIPANTS
The travel program will establish, on a case-by-case basis, the minimum number of participants. If the minimum number of participants established is not reached, the Agency may cancel the trip and will inform the client in writing of the cancellation up to 20 days before the departure date, refunding the Client all amounts paid, with the Agency being exonerated from any responsibility for the cancellation.
5. CLIENT’S SPECIAL NEEDS
All travelers are welcome on our trips, but if a Traveler has a health issue that somehow physically limits them, we recommend speaking with us through email at [email protected] before making a reservation so we can advise or recommend a TUGA.ME trip that we find more suitable.
6. CLIENT’S SPECIAL REQUESTS
Special requests related to meals must be made at the time of completing the reservation form, received after payment. However, the Agency does not guarantee the feasibility of such requests and assumes no responsibility or obligation should the special meal requirements not be met or if contracted partners or services cannot ensure them.
7.1. The accommodations provided on TUGA.ME trips are as follows:
▫️ Double Room – can be double or twin depending on the accommodation’s availability
▫️ Triple Room – a group of friends or individuals traveling alone who wish to share
▫️ Single Room – subject to the payment of a single accommodation supplement; there might be travels/nights where this option is not available due to restrictions by the lodging unit.
7.2. In some cases, as provided in the travel program, accommodation will be in camping tents, train cabin beds, dormitories, or others.
7.3. If the Client travels alone, TUGA.ME may group clients in pairs, by gender and chronological order of registration. Exceptionally, due to each accommodation’s features, gender separation may not be possible. Couples or friends traveling together will have their private room.
7.4. TUGA.ME aims to use smaller local accommodations on its trips so that, whenever possible, it remains almost exclusive to the group. This means the group may often be accommodated in rooms of different categories. Room assignments are made randomly as travelers register.
7.5. The accommodations and their pictures are indicative to describe the type of accommodation the Client will have. Due to circumstances not controlled by the agency, the accommodations described in the program may need to be altered.
7.6. The nights booked are counted from the first day of travel until the last day; any nights not included in the program cannot be exchanged with additional nights to it.
7.7. The Client is responsible for any costs incurred as a result of damages or extra cleaning fees related to their accommodation. Immediate reporting of any pre-existing damage to the room to the accommodation team and the accompanying leader is recommended by the Agency.
8. CLIENT DATA
8.1. The client expressly consents that all information, including personal data, provided in relation to their trip may be transmitted:
▫️ to government authorities for border control and travel security purposes;
▫️ to partners of TUGA.ME – Agency, Lda to execute the travel program, including tastes, dietary preferences, particular health information, or others.
8.2. The Client agrees that the leader/team of TUGA.ME – Agency, Lda may take photographs and film them during the experience, access their images, videos, or sound files published, and use these contents for promotional purposes on their communication channels without special authorization and without any payment obligation to the Agency. If the Client wishes to revoke this point, they must communicate their desire to the Agency, in writing, before the trip starts.
9. MEETING POINT AND START OF GROUP TRIPS
9.1. Group trips from Tuga.me do not include air tickets or other means of transport to and from the starting and ending point of the trip. Such tickets must be purchased by the client through their own means.
9.2. The Client is responsible for all costs and plans of the trip to and from the starting and ending point of it, and there will be no representative or leader from TUGA.ME – Agency, Lda to accompany the Client from the origin.
9.3. The meeting point for each trip with the travel leader or Local Guide and the other participants is indicated in each travel program. The specific location will be communicated to the Traveler in due time before the trip. In any case, it is their responsibility to be at the meeting point at the indicated time for the start of the Tour.
10. AIR TICKETS
The client can purchase air tickets through TUGA.ME or one of its partners, but said air ticket is always a service sold separately from group trips.
11. TOUR LEADER’S AUTHORITY
11.1. There might be moments when the Tour Leader of TUGA.ME – Agency, Lda must make decisions in the best interest of the group. Therefore, the Client agrees:
▫️ To comply with the authority and decisions of the leader, as well as with the local laws of the travel destination. Non-compliance or any conduct that, in the leader’s opinion, is incompatible with the general enjoyment and well-being of the group members or the smooth operation of the experience itself, the Agency reserves the right to prohibit the Client from continuing on the tour.
▫️ That the other group members and any Agency leader have the right to a safe and comfortable environment. Any threats to their safety, well-being, or any inappropriate behavior, whether verbal or physical, will be taken very seriously and may result in the immediate cancellation of the Client’s trip.
▫️ The possession or transport of illegal or restricted substances is strictly prohibited.
11.2. In all situations presented, the Client is responsible for their own repatriation and related costs, having no claims against TUGA.ME – Agency, Lda.
12.1. No refunds will be made for meals, accommodation, excursions, etc., that the Client chose not to partake in, or when the places to visit are closed for reasons beyond the Agency’s control.
12.2. No amount will be refunded if delays in transport, unannounced closures, weather conditions, or other unforeseen circumstances beyond the Agency’s control prevent the realization of services.
12.3. Once the journey has commenced, no refund is due for services not utilized by the Traveler due to force majeure or reasons attributable to the Traveler.
12.4. Failure to provide services outlined in the travel program due to reasons attributable to the organizing agency and if replacement with equivalent services is not possible, grants the Traveler the right to be reimbursed for the difference between the price of the planned services and those actually provided.
▫️ When the Client occupies a seat in transportation equipped with a seatbelt, service providers or operators, agents, or collaborating organizations cannot be held liable for any illness, injury, death, loss, damages, or claims resulting from any accident or incident if the seatbelt is not being worn at the time of the accident.
▫️ When the Client does not use or removes the indicated safety equipment during the experience, service providers or operators, agents, or collaborating organizations cannot be held liable for any illness, injury, death, loss, damages, or claims resulting from any accident or incident if the safety equipment is not being worn at the time of the accident.
14. TRAVEL LANGUAGE
14.1. TUGA.ME – Agency, Lda is delighted to welcome Clients of various nationalities. However, it is necessary to note that the Tour Leader, local guides, and partners may not be able to communicate in the Traveler’s language.
14.2. The languages in which the Tour Leader can communicate will be specified in each travel program.
14.3. Aiming for a more authentic experience for travelers, whenever possible, local guides hired will be natives to the location, thus it is very likely that their communication will not be in the Traveler’s language.
14.4. Whenever possible, a Tour Leader, local guides, and partners who can communicate in one of these languages (Portuguese, English, Spanish, or French) will be selected.
15.1. If the Client has a complaint regarding their travel experience, they should inform the leader (in writing or another suitable form) during the trip. If the matter is not resolved after the leader’s best efforts, the client’s complaint should be made in writing to TUGA.ME – Agency, Lda, to the email [email protected], which must include in-location evidence of the complaint.
15.2. Complaints sent to TUGA.ME – Agency, Lda will only be accepted if they have been reported by the client to the service providers (hotels, local guides, local agents, etc.) during the course of the trip or stay, requiring from them the respective documents proving the occurrence.
15.3. Any dispute arising from this service agreement will be settled by the Judicial Court of the District of Porto, with express waiver of any other and for all matters not regulated by these Terms and Conditions of Participation, Portuguese law will apply.
15.4. The right to file complaints for the purpose of price reduction or the right to compensation for lack of conformity of the travel services included in the organized trip expires after 2 years.
15.5. Under Law No. 144/2015 of September 8 in its current wording, we inform that the Traveler may resort to the following Alternative Dispute Resolution Entities for Consumer Disputes:
▫️ Customer Ombudsman of Travel and Tourism Agencies provedorapavt.com;
▫️ Arbitration Commission of Tourism of Portugal turismodeportugal.pt;
16.1. Customer baggage is limited to a reasonable size and a maximum weight of 20 kilograms (except for rare exceptions informed by the Agency), plus a small backpack/bag that can accompany the Customer in transit. TUGA.ME – Agency, Lda reserves the right to refuse excessively large baggage on its trips.
16.2. Group trips sold by TUGA.ME – Agency, Lda include travel insurance that covers baggage. It is essential that the client reads the general and particular conditions of the said insurance and the specificities of its coverages.
16.3. The Agency is not responsible, under any circumstances, for the baggage and other belongings that the Customer and their companions carry with them, regardless of the location or means of transport used. The customer must be present during the loading and unloading operations.
16.4. In the event of theft, deterioration, or destruction of baggage, the Customer and their companions must immediately claim, in writing, from the service provider and/or the entity in whose custody they were deposited, keeping a copy of the claim.
16.5. Unless specified in the travel program, the Customer is responsible for carrying their luggage to transportations and to the room. There may be situations where the Customer will have to carry their baggage over long distances and through areas with some obstacles; thus, no assistance will be provided unless the cost of this is borne by the customer.
17.1. The agency’s responsibility is limited to the maximum amount claimable to service providers, under the terms of the Montreal Convention of May 28, 1999, on International Air Transport, and the Bern Convention of 1961, on Rail Transport.
17.2. Concerning maritime transport, the responsibility of travel agencies regarding their Travelers, for the provision of transport services, or accommodation when appropriate, by maritime transport companies, in the case of damages resulting from these companies’ wilful misconduct or negligence, is limited to the following amounts:
▫️ € 441.436,00, in case of death or bodily damage;
▫️ € 7.881,00, in case of total or partial loss of baggage or its damage;
▫️ € 31.424,00, in case of loss of motor vehicle, including the baggage contained therein;
▫️ € 10.375,00, in case of loss of baggage, accompanied or not, contained in a motor vehicle;
▫️ € 1.097,00, ffor baggage damage, resulting from the damage to the motor vehicle.
17.3. When existing, the responsibility of travel and tourism agencies for the deterioration, destruction, and subtraction of baggage or other items, in tourist accommodation establishments, while the Traveler is accommodated there, has the following limits:
▫️ € 1.397, globally;
▫️ € 449 per item;
▫️ The value declared by the Traveler, regarding items deposited in the custody of the tourist accommodation establishment.
17.4. The agency’s responsibility for non-bodily damages is contractually limited to the amount equivalent to three times the price of the service sold.
18.1. Different payment methods from different payment gateways are displayed on our Checkout page, depending on the country and the bank where the Customer has an account.
18.2. The fees that Tuga.me charges for each available payment method are indicated on the checkout page during payment.
18.3. The payment description that will appear on the customer’s bank statement depends on the selected payment method, respective payment gateway, and the customer’s bank. To assist the customer with their bank reconciliation process, Tuga.me informs them by email and in the login area, of the information expected to appear on their bank statement.
19.1. It is the Traveler’s responsibility to have their personal or family documentation in good order (passport, ID card, military documentation, authorization for minors, visas, vaccination certificates, and others possibly required). The agency declines any responsibility for the refusal to grant visas or not allowing the Traveler to enter a foreign country; being also the Traveler’s account any and every cost that such a situation entails.
19.2. Trips within the European Union:
▫️ Travelers (regardless of age) moving within the European Union must possess the respective civil identification document (Passport or Citizen Card);
▫️ To obtain medical assistance they must carry the respective European Health Insurance Card (for travelers residing in the EU);
▫️ Nationals of non-EU countries should consult specific information regarding the necessary documentation for traveling at the embassies/consulates of the countries of origin.
19.3. Trips outside the European Union:
▫️ Travelers (regardless of age) traveling outside the European Union must possess the respective civil identification document, passport (which must be valid for a minimum of 6 months after the return date) as well as the visa if necessary. (obtain such information from the agency at the time of booking);
▫️ Nationals of non-EU countries should consult specific information regarding the necessary documentation for traveling at the embassies/consulates of the countries of origin.
20. CHANGE OF DATES
20.1. After confirming the reservation, the client can change it to an alternative date, subject to the following conditions:
▫️ The alternative date is available on our website;
▫️ There is availability/openings for that date.
20.2. Changing the trip to an alternative date implies:
▫️ Payment of the difference in value if the trip is more expensive;
▫️ Not receiving any compensation or credit if the value of the trip is lower.
20.3. Date change fees:
▫️ Free – confirmed reservations less than 15 days in which the start date of the trip is more than 120 days;
▫️ 50 eur – more than 60 days from the start date of the trip;
▫️ Cancellation – 60 or fewer days from the start date of the trip, the change of dates is not allowed. Any change will be treated as a termination of the Contract by the Traveler, and normal cancellation fees will apply.
21. ASSIGNMENT OF REGISTRATION (CONTRACTUAL POSITION)
21.1. The traveler may assign his position (change of name to a different person), substituting himself with another person who meets all the required conditions for the organized trip, provided that he informs the travel and tourism agency, in writing, under the conditions described below:
▫️ If traveling with a companion and sharing the same room, inform the travel and tourism agency, in writing to [email protected], up to seven consecutive days before the scheduled departure date;
▫️ If traveling alone and of the same sex, inform the travel and tourism agency, in writing to [email protected], up to seven consecutive days before the scheduled departure date;
▫️ If traveling alone and of the opposite sex, the name change is subject to availability in double/triple room or subject to availability in accommodation for a single room supplement, upon payment of an extra value (a quote is needed). In this case, it must be requested a minimum of 15 consecutive days before the scheduled departure date, in writing to [email protected].
21.2. If the assignment of registration is possible, a change fee of 25 EUR will be applied.
21.3. O cedente e o cessionário são solidariamente responsáveis pelo pagamento do saldo em dívida e pelas taxas, os encargos ou custos adicionais originados pela cessão, os quais serão devidamente informados e comprovados pela agência de viagens e turismo.
22. TERMINATION OF THE CONTRACT BY THE TRAVELER
22.1. The traveler is free to withdraw from the trip at any time before the start of the trip.
22.2. The cancellation notice should be notified to TUGA.ME – Agency, Lda as soon as possible, in writing to [email protected], and after the Agency has communicated the receipt of the same.
22.3. In case of termination, the traveler will pay a termination fee under the following terms:
▫️ If the Client or any of his companions withdraw from the trip more than 60 days before the start date of the travel program, he will lose 30% of the value of the program, which was delivered by the client to the Agency as a non-refundable deposit;
▫️ If the Client or any of his companions withdraw from the trip 60 or fewer days from the start date of the program, he will lose the total value of the travel program. The Client will also lose the value of additional services that have been requested by him;
▫️ If the reason for cancellation is within the terms of any insurance policy the Client holds, then such fees may, subject to the terms of the insurance policy, be refunded to him by the insurance company.
23. CHANGES TO BE MADE BY THE AGENCY
23.1. Whenever there are external reasons that justify it, the Agency may change the order of the routes, modify the departure times, or replace any of the planned accommodations or transports with others of similar category and location.
23.2. Whenever, before the start of the organized trip, (i) the travel and tourism agency is obliged to significantly alter any of the main characteristics of the travel services; (ii) or proposes to increase the price of the organized trip by more than 8%, the traveler may, within the deadline:
▫️ Accept the proposed change;
▫️ Terminate the contract, without any penalty, being refunded the amounts paid;
▫️ Accept a substitute organized trip proposed by the travel and tourism agency, being refunded in case of price difference.
23.3. Any non-significant changes to one of the main characteristics of the organized trip that occur will be communicated to the Traveler by the Travel Agency, and he may within the deadline:
▫️ Accept the proposed changes;
▫️ Terminate the contract, applying the penalties provided in the clause of termination of the contract by the traveler.
23.4. Traveler’s response deadline:
▫️ 7 days when there are more than 90 days left to the start of the trip;
▫️ 5 days when there are 90 or fewer days left to the start of the trip;
▫️ 24 hours when there are less than 5 days left to the start of the trip.
23.5. In the situations described above, the lack of response from the traveler within the deadline set by the travel and tourism agency will imply the tacit acceptance of the proposed change.
24. TERMINATION OF THE CONTRACT BY THE AGENCY
24.1. When the trip is dependent on a minimum number of participants, TUGA.ME – Agency, Lda reserves the right to cancel the organized trip if the number of participants reached is less than the minimum. In these cases, the traveler will be informed in writing of the cancellation within:
▫️ 20 days before the start of the organized trip, in the case of trips lasting more than six days;
▫️ 7 days before the start of the organized trip, in the case of trips lasting two to six days;
▫️ 48 hours before the start of the organized trip, in the case of trips lasting less than two days.
24.2. Before the start of the organized trip, the travel and tourism agency may also terminate the contract if it is prevented from executing it due to unavoidable and exceptional circumstances.
24.3. A rescisão do contrato de viagem pela agência nos termos acima referidos apenas confere ao viajante o direito ao reembolso integral dos pagamentos efetuados no prazo máximo de 14 dias após a rescisão do contrato de viagem.
24.4. The termination of the travel contract by the agency under the terms referred to above only grants the traveler the right to a full refund of the payments made within a maximum of 14 days after the termination of the travel contract.
25. CHANGE IN PRICE
25.1. The prices listed in the program are based on the costs of the services and exchange rates in effect at the date of publication of this program, so they are subject to price increase alterations resulting from variations in the cost of transport or fuel, taxes, fees, and exchange rate fluctuations up to 20 days before the travel date.
25.2. The price of the travel plan can also vary due to government action, such as changes in VAT or any imposition of currency change in relation to an exchange variation.
25.3. If the said increase exceeds 8% of the total price of the organized trip, the provisions of the clause “CHANGES TO BE MADE BY THE AGENCY” will apply.
26.1. The travel and tourism agency is responsible for the proper execution of all travel services included in the travel contract.
26.2. In the case of organized travels, travel and tourism agencies are responsible to Travelers, even if the services are to be performed by third parties, without prejudice to the right of recourse, under the applicable general terms.
26.3. The travel and tourism agency is responsible for any errors due to technical deficiencies in the booking system that are attributable to it during the reservation process.
26.4. The travel and tourism agency is not responsible for booking errors that are attributable to the traveler or that are caused by inevitable and exceptional circumstances.
27. CONTRACTED SERVICES
27.1. The responsibility of the travel agency is limited to the tourist services outlined in the contracted travel program and any additional and/or optional services contracted thereto or to its duly identified representatives at the destination.
27.2. Except as provided in the previous number, the travel agency will not be responsible for tourist services contracted by the Traveler to third parties, before or during the trip; any claims and damages arising from these services cannot be attributed to the Travel Agency and are also excluded from the scope of coverage of travel insurance associated with the organized trip.
28.1. In the event of traveler difficulties, or when the traveler cannot complete the organized trip for reasons not attributable to them, the travel and tourism agency will provide the following assistance:
▫️ Providing appropriate information on health services, local authorities, and consular assistance;
▫️ Assisting the traveler in making long-distance communications and finding alternative travel solutions.
29.1. In the event of insolvency of the travel and tourism agency, the traveler may resort to the Travel and Tourism Guarantee Fund, and must contact Tourism of Portugal I.P, the entity responsible for its activation:
▫️ Tourism of Portugal, I.P.;
▫️ Rua Ivone Silva, Lote 6, 1050-124 Lisbon, Portugal
▫️ [email protected];
▫️ Tel. +351 211 140 200.
30. SEGUROS RC DA AGÊNCIA
30.1. he responsibility of the organizing travel agency and the selling agency of this program, and arising from the obligations assumed, is guaranteed by liability insurance with Allianz Company, policy no. 205952051, in the amount of €75.000,00, and under the terms of current legislation.
30.2. The responsibility of the organizing tourist animation agency and the selling agency of this program, and arising from the obligations assumed, is guaranteed by liability insurance with Tranquilidade Company, policy no. 0006527323, in the amount of €50,000.00, and under the terms of the legislation in force.
30.3. The responsibility of the organizing maritime tourist animation agency and the selling agency of this program, and arising from the obligations assumed, is guaranteed by liability insurance with Tranquilidade Company, policy no. 0006527323, in the amount of €50,000.00, and under the terms of the legislation in force.
31. TRAVEL INSURANCE
31.1. TUGA.ME – Agency, Lda, includes group travel insurance, adjusted to the duration of the trip, destination, and type of activities, with a guarantee of assistance situations, and cancellation expenses. This insurance can be supplemented with extra coverages that the client can purchase after booking the trip and before its commencement.
31.2. In the event of purchasing a group trip that does not include travel insurance, the Client is required to acquire a personal travel insurance to participate in said trip. This can be acquired through TUGA.ME – Agency, Lda, or not:
▫️ The insurance must be adjusted to the duration of the trip, destination, and type of activities;
▫️ If not subscribing to a travel insurance through TUGA.ME – Agency, Lda or acquiring an inadequate travel insurance, the Client automatically exempts the agency, and all its service-providing partners from any and all responsibility relating to the risks and consequent costs the Client incurs for not having proper protection.
31.3. Regardless of the insurance being included in the travel booking, being acquired separately through Tuga.me or another company, it is the client’s responsibility to read the general and special conditions of the insurance and decide whether it is entirely suitable for their needs and the trip to be undertaken.
31.4. When the client books a trip with Tuga.me with included insurance or acquires separately an insurance through the agency, it is important to know that the reimbursement offered by the insurance will only apply to services purchased directly with TUGA.ME – Agency, Lda. Services purchased from third parties are not covered by the insurance, especially in cases of early cancellation of the trip or interruption of the trip.
All prices listed on the Agency’s website already include Value Added Tax at the prevailing rate.
33. OTHER PROVISIONS
These general conditions can be derogated in case of specific provisions for certain situations expressly stated in the pre-contractual information or the corresponding special conditions.