Terms and Conditions
These Terms and Conditions govern the contractual relationship between you (Customer) and us (Ourisland – Our Island, Lda). Ourisland – Our Island, Lda is a travel agency based in Rua Serpa Pinto, 32, Horta, Faial Island, with a share capital of 6000 €, registered at Conservatória do Registo Comercial da Horta, with the tax and commercial registration number 513833722, with the RNAVT (National Registry of Travel and Tourism Agencies) registration number 6109 and RRAAT (National Registry of Touristic Animation Agents) nº 8/2016/RAA.
Ourisland – Our Island, Lda travel agency, referred to as Ourisland – Our Island, Lda or as the Agency in these Terms and Conditions, is responsible for organizing the trips and tours.
These Terms and Conditions are complemented by the specific participation conditions of the trip/tour that the Customer signs up to.
By hiring our services, the Customer fully acknowledges and accepts these terms and conditions and enters into a binding agreement with Ourisland – Our Island, Lda.
Liability and Agency Insurances
The responsibility of the Agency is guaranteed, under current legislation, by the Travel and Tourism Guarantee Fund of the Tourism of Portugal and by the liability insurance through Fidelidade Insurance Company, with the insurance policy number RC63515443.
The Agency is also insured, under current legislation, by a liability insurance and a personal accidents insurance through Mútua dos Pescadores Insurance Company, with the policy number 85/00023640, in order to be able to practice tourism entertainment activities.
Booking and Payment
The Customer’s tour booking will only be validated after paying 30% of the total value of the chosen tour. The Costumer agrees to pay the remaining cost of the tour on the tour day. The customer is in charge of any fee associated to the bank transfer operation when he proceeds the payment.
The Customer’s trip booking will only be validated after filling in the form, provided on the Agency’s website, in the chosen trip, and after full payment or after paying 30% of the total value of the chosen trip, within 15 days after receiving the data for payment. The Customer agrees to pay the remaining cost of the trip up to 30 days before the starting date of the trip. If booking takes place 30 days or less before the starting date of the trip, the total price of the booking must be paid upon reservation, being the latter subject to confirmation. Ourisland – Our Island, Lda reserves the right to cancel any registration that does not fulfill the payment conditions described above. The customer is in charge of any fee associated to the bank transfer operation when he proceeds the payment.
By hiring Ourisland – Our Island, Lda, the Customer assumes several commitments:
– The Customer acknowledges and accepts these Terms and Conditions of participation, as well as the specific participation conditions of the trip/tour program that the Customer signs up to.
– The Customer acknowledges that is in good health conditions to follow the signed up program/tour. The Customer also accepts the nature of the chosen trip/tour, specifically the risks involved in the activities and the possibility of not having immediate access to medical care.
– The Customer is aware of the physical, cultural and psychological requirements that the program/tour may involve and that could lead to unexpected situations.
All prices listed on the Agency’s website already include the Value Added Tax (VAT) according to the rate applied in the Azores Archipelago.
Use of Customer Information
The Customer agrees that all information, including personal data provided for the selected trip/tour, may be communicated to government authorities for border control purposes and for security in air travel or in other means of transport.
The Customer agrees that all information, including personal data provided for the selected trip/tour, food preferences and specific health information or other may be given to the Agency local partners for organization purposes.
The Customer must purchase a travel insurance, independent from the Agency. This insurance should be appropriate for the duration of the trip, the destination and the type of activities. By not getting a travel insurance or by purchasing an inappropriate travel insurance, the Customer automatically exempts Ourisland (Our Island, Lda) and all its service provider partners from any and all liabilities related to consequential risks and to associated costs that the Customer may have for not having purchased the recommended protection.
The Customer’s flight(s), from and back to his homeland, has to be purchased by the Customer. It is the Customer’s responsibility to ensure that he arrives at the town of Horta on the first day of his chosen program.
Ourisland (Our Island, Lda) provides accommodation for its programs in double rooms in Local Accommodation Houses, Apartments or Rural Tourism Houses. In certain cases, the accommodation may be in 3 (or more) bed dorms.
The Agency may group customers, who have individually registered for the same program, into pairs. In some programs, it may not be possible to accommodate customers by gender.
The Customer is responsible for all personal or family documents (ID card, passport, visa, vaccination certificate and other documents) required by any applicable laws to travel to the Archipelago of the Azores and to enjoy the selected program. The Agency declines any responsibility for the refusal to grant visas or denying entry permission to the Customer in Portugal. The conditions described in the clause “Cancellations” are applied in these cases. The Customer is also responsible for any cost that may occur from this situation.
Meeting Point and Beginning of the Trip
The Customer’s meeting point with Ourisland Guide and the other participants will always be in the town of Horta on Faial island, Azores, Portugal. Ourisland Guide will be at Horta Airport to welcome you in the first day of your chosen program, unless something unpredictable occurs.
Minimum Number of Participants and Cancellation of the Trip by the Agency
The minimum number of participants per trip is 4 and the maximum is 7. If the minimum set number of participants is not reached, the Agency may cancel the trip. In this case, the Agency will inform, in writing, the Customer about the cancellation up to 30 days before the starting date of the chosen trip. The Agency will also refund the Customer all amounts paid and will be discharged from any responsibility for the cancellation of the trip.
Minimum Number of Participants of the tour
The minimum number of participants per tour is 1 person, and the tours are exclusive for the customer or cutomers who books it.
The prices shown in the programs are based on the costs of the services and may, therefore, suffer changes associated to transport or fuel variation costs, catering, taxes, among others. If the Customer has already done the reservation payment or paid for the whole trip and price changes occur, the Customer will not be affected by these price changes.
Changes in the Activities
Whenever there are reasons beyond the Agency’s control, the Agency may change the order of the routes, the schedule of the activities or replace any planned accommodation or transport by another one similar in category and location. If the weather conditions are unfavorable, the Agency may change the routes or activities.
Failure to Comply
If, for reasons not imputable to the Agency, the Agency determines the cancellation of the trip/tour, the Customer can still choose to participate in another trip/tour, which must be equivalent to the one cancelled in terms of cost and must have available places. If the proposed replacement trip/tour is at lower price than the cancelled one, the Customer will be refunded for the difference. If the client is not interested in participating in another trip/tour, the amount will be refunded in full.
The Customer may not change his reservation to another date or to another trip/tour without the fully express consent of Ourisland (Our Island, Lda). In case it is possible to change the date or the trip/tour, this change may be subject to extra expenses and charges.
The Customer may transfer his reservation to another person who meets all the requirements of the trip if the Customer informs the Agency of this transference at least 60 days before the starting date of the trip, under penalty of being considered a withdrawal of the chosen trip.
Both transferor and transferee are responsible for the payment of the trip and for any additional charges that may occur.
If the Customer or any of his accompanying persons withdraw from the trip up to 120 days before the trip starting date, the Customer will receive a refund of 30% of the trip cost, which was previously paid as trip reservation by the Customer to the Agency. If such withdrawal occurs in less than 120 days before the trip starting date, the Customer will lose the 30% of the trip reservation.
If the Customer or any of his accompanying persons withdraw from the trip after having fully paid for it, the Customer will receive a refund of 70% of the trip cost. He also will receive a refund of the other 30% of the trip cost if such withdrawal occurs up to 120 days before the trip starting date.
If the Customer or any of his accompanying persons withdraw from the tour up to 30 days before the tour date, the Customer will receive a refund of 30% of the tour cost, which was previously paid as tour reservation by the Customer to the Agency. If such withdrawal occurs in less than 30 days before the tour date, the Customer will lose the 30% of the tour reservation.
After the beginning of the trip/tour, there will be no refund for unused services by the Customer. The failure to comply with the planned services in the program trip/tour for reasons not imputable to the Agency and the impossibility to replace those services by others equivalent gives the Customer the right to be reimbursed for the difference between the price of the services planned and the ones actually rendered.
Only complaints presented in writing within no more than 20 days after the end of service delivery may be considered. These complaints can only be accepted if they have been previously communicated to the service providers (accommodation, guides, local agents, etc.) during the trip sequence and if proven through the documents that should be required from the service providers when the event occurs.
Any conflict deriving from this service agreement shall be settled by the Tribunal Judicial da Comarca da Horta, expressly waiving any other agreement and all matters not expressly governed by these Terms and Conditions of participation will apply to Portuguese law.
Baggage and Personal Belongings
The Agency is not responsible, in any situation, for baggage and other belongings that the Customer and his accompanying person(s) may carry, regardless of the place or means of transport in question. It is recommended that the Customer gets luggage insurance and that is always present in the loading and unloading of his baggage. In case of theft, damage or destruction of baggage, the Customer and his accompanying person(s) must claim immediately in writing with the service provider identity and/or identity responsible for the baggage deposit, keeping a copy of the complaint. The responsibility of the Agency may only be exercised by submitting the complaint evidence referred to in the previous paragraph.
These Terms and Conditions are complemented by the program trip/tour that the Customer and his accompanying person(s) have chosen. This program trip/tour comprises the particular conditions of participation in the trip/tour. These Terms and Conditions may also be complemented by other specific conditions that will be sent to the Customer upon registration, or other since agreed by both parties.