THE AMITY FAMILY CURIOUS EXPERIENCES FOR TRAVELERS is delighted you have purchased or are considering purchasing one or more of its products, in particular tourist services, whether offline or online, via www.theamityfamily.com, its website, or via an authorized agent's website.
By booking or participating in a tour, an activity and any related products or services (a “Tour” or an “Activity”) with The Amity Family Curious Experiences For Travelers (“TAF” or “us” or “we” or “Tour Operator” or the “Company”), you (“you” or “costumer” or “client”) agree to these general booking terms and conditions (the “Booking Terms and Conditions” or the “Booking Terms” or the “Terms and Conditions” or the “T&C” or the “Terms”).
By booking a Tour or an Activity or any other service you acknowledge that you have read, understand and agree to be bound by these Terms.
If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator and to any third-party integrated within the Booking process.
The Amity Family Curious Experiences For Travelers (hereinafter referred to as the “company” or the “tour operator” or “The Amity Family” or “TAF” or “we” or “us”) is a registered trademark operated by Time To Smile – Tourism Activities, Unip. Lda., an independent company with intra-community VAT No. PT510341225, headquarters in the city of Caldas da Rainha, Portugal and operational offices in the municipalities of Nazaré and Lisbon, also in Portugal.
The company is a Tour Operator licensed by Turismo de Portugal (the Portuguese tourism authority) under permit no. RNAAT 51/2013 and complies with all legal health, safety and insurance regulations. You can check the license with Turismo de Portugal at www.rnt.turismodeportugal.pt by clicking on this web address.
The company creates and operates in-destination experiences. It offers and market tourist services, individualized or bundled, including, but not limited to, excursions, trips, visits, guided tours, accommodation, entertainment and restaurant reservations, tickets for attractions and events, leisure activities, nature activities, wine and gastronomic activities, cultural discovery and others (hereinafter referred to as "services"), directly to travelers or indirectly to them through associated or partnered websites or through authorized online and offline travel agents.
The company can be contacted: by email, at the following address experiences@theamityfamily.com; or by telephone at the following number +351 9107432989 (call over the Portuguese mobile network) during office hours, which are Monday to Friday from 9:30 a.m. to 5:30 p.m. (UTC+0).
The use of www.theamityfamily.com, hereinafter the “website” or the “Site”, implies complete and unconditional adherence to the website Agreement of Terms of Use statement and to the website Privacy Policy statement. The Privacy Policy includes important information about your personal data and the Terms of Use of the website includes information about how you can interact with it. We encourage you to read both statements carefully. To view The Amity Family’s website Terms of Use or/and Privacy Policy statements click on “Terms of Use” or “Privacy Policy” found at the footer to the website.
In short, this does not cancel out your reading of the Terms and Policies mentioned above, the Tour Operator must collect your personal information to deliver any products or services booked. The Tour Operator collects, uses and discloses only that information reasonably required to enable the Tour Operator and its Third-Party Suppliers to provide the particular Tour, Activity and/or services that you have booked. By submitting any personal information to the Tour Operator, you indicate your acceptance of the Tour Operator’s Privacy Policy.
Whilst inquiring or booking a tour or any other tourist service on our website, you’ll be using our booking system, Bókun, a Tripadvisor company, www.bokun.io, which is one of the world’s largest and most trusted travel services brands, in order to administer your bookings and ensure you get the best service possible.
In the case of online payment through our website and occasionally for offline payments, we partnered and integrate with third-party payment service providers to ensure your transactions are safe and protected. This way your personal data will be exclusively processed via one of our two payment gateway providers, Stripe (www.stripe.com) or PayPal (www.paypal.com), which are two of the world’s largest and most trusted payments provider brands. With advanced encryption technology and trusted payment platforms, your personal and financial information is handled with the highest level of security. Through these payment gateways you will have at your disposal, directly at the checkout of your online purchase or through a secure and shielded email link (on request), the possibility of making a payment at least through one of the following payment channels: Visa, Mastercard, Maestro, American Express, Discover, Diners Club, JCB, China UnionPay, Apple Pay, Google Pay, Multibanco and Paypal. This means that, for online payments originated through our website and occasionally for offline payments, this provider processes all payments on our behalf and, as such, we never access your personal banking or financial data.
We invite you to learn more about their privacy policy as we are not responsible for the privacy practices of third-party vendors and providers.
Your booking is confirmed and a contract exists when the Tour Operator or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to the Tour Operator or authorized agent immediately.
Remember, you must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator.
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
In order to comply with the legal requirements of a licensed tourist operation in the Destination, the Tour Operator is obliged to collect from you, the group's booking head, some personal information of each of the participants, including you, namely but not limited to: first name, last name, nationality, country of residence and date of birth.
In order to fulfill the minimum inquiring or booking requirements for a service, the Tour Operator needs to collect some personal information from you, the group's booking head, namely but not limited to: first name, last name, email address and telephone contact.
You are fully responsible for assessing whether a Tour or an Activity is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on vaccinations and medical precautions. The Tour Operator does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
Travel with the Tour Operator may involve visiting remote regions, where medical care may not be easily accessible and medical facilities may not meet the standards of those found in your home country. The Tour Operator makes no representations and gives no warranties in relation to the availability or standard of medical facilities in those regions.
If it comes to it, you must provide any medical information reasonably requested by the Tour Operator.
If you have any pre-existing medical conditions which may impact your ability to travel, participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, consult with your doctor or physician as to whether you should book or participate in a Tour.
The Tour Operator reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Tour.
The Tour Operator reserves the right to deny you permission to travel or participate in any aspect of a Tour at any time and at your own risk and expense where the Tour Operator determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Pregnancy is considered a medical condition and must be disclosed to the Tour Operator at the time of booking or until the date of the activity when the pregnancy situation is not known at the time of booking. The Tour Operator may refuse to carry pregnant women over 24 weeks.
The Tour Operator may refuse to carry anyone with certain medical conditions if reasonable accommodation, transportation, mobility, communication, feeding or alternatives to all of the previous cannot be arranged.
Anyone under the age of 18 on the date of first service is considered to be a minor. Minors must always be accompanied by an adult. Unless otherwise indicated in the Tour description or by the Tour Operator, one adult may accompany up to 5 minors in total, including 2 minors up to the age of 3 and 5 minors up to the age of 17. Also, unless otherwise indicated in the Tour description or by the Tour Operator, the minimum age for minors travelling on any Tour is 6 months and the maximum age for adults is 99 years old.
All bookings with a minor are subject to review and approval by the Tour Operator. If the consent of a parent, guardian or any other person is required by applicable law for any minor to travel or to experience an activity, the accompanying adult is responsible for securing all consents, documentation and ensuring that they and the minor(s) meet all legal requirements to travel, to enter into any attractions and be eligible for child discounted prices if applicable. The Tour Operator will not be responsible for any fees, damages, or losses incurred as a result of any failure to secure necessary consents, permits, and approvals.
Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. The Tour Operator does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
The Tour Operator or any other supplier partner with services incorporated into the Tour, such as an attraction, a restaurant, a hotel or others, may request the voluntary presentation of the ID Card or the Passport on any of the participants, before or during the provision of the service and you acknowledge and accept this procedure. In addition, the Tour Operator or a partner providing services on the Tour may suspend or deny the provision of the service if it finds that the ages or any other information previously communicated do not coincide with that shown on the ID Card or Passport.
For booking and price selection purposes, age is considered to be the age on the date the service is or will be provided. You also understand that being a minor does not mean or entitle you to child prices and conditions. For these purposes it is necessary to check the corresponding price categories applicable to each of the Tours, Activities or Services at the time of booking.
Any special requirements must be disclosed to the Tour Operator at the time of booking or afterwards, provided that they are communicated in a satisfactory amount of time and no less than 72 hours before the start of the activity on the date on which the service is to be provided. The Tour Operator is not obliged under any circumstances to accept special requirements. However, the Tour Operator will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the offer on sale, the available resources and the availability of options outside a planned itinerary. If this is the case, the Tour Operator may consider that the special requirements constitute a ground for treating the booking process as a customized process and in these circumstances suggest to you other terms and conditions including, but not limited to, price changes.
Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking but the Tour Operator cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests.
Tour operators licensed by the Portuguese tourism authority are obliged to include personal injury insurance coverage for all participants in any Tour or Activity. In part, this is one of the reasons why personal information including date of birth and country of residence are asked of you at the time of booking. The Tour Operator is insured and any Tour or Activity you are booking or intent to book with us is covered for personal injury as follows and its cost is included in the price of the service being sold: payment of up to 5.000,00 euros (five thousand euros) for medical treatment and payment of up to 26.000,00 euros (twenty six thousand euros) in the event of death or permanent disability. This coverage applies exclusively to personal injuries sustained during the activity or tour.
This insurance coverage is in accordance with the Portuguese Law. If you wish to have higher and wider coverage, you are required to purchase separate coverage at an additional cost.
Listed Services, whether Activities or Tours, shall mean all offers that are pre-programmed, packaged, unaddressed, priced or not and published offline or online on the Tour Operator's website or on any other authorized website.
Customized Services shall mean all offers programmed under specific requests, addressed to a specific customer, quoted or not and not published.
You understand and accept that a Customized Service may resemble, be similar to or originate from a Listed Service and that the classification of a Listed or Customized Service is the sole responsibility of the Tour Operator. In addition, you understand and accept that on any special requests for a Listed Service, the Tour Operator may reclassify the Listed Service as a Customized Service, quote it and apply the associated Terms and Conditions which may differ from these. You understand and accept that Booking Terms and Conditions may differ in part or in total between Listed Services and Customized Services.
Unless otherwise specified, whether in Listed Services or in Customized Services, whether online or offline: all prices, surcharges, fees and taxes are listed, advertised or informed in (€) Euros and all bookings are processed in (€) Euros; all prices listed, advertised or informed are per person; and all prices listed, advertised or informed include all the legal fees and taxes. It may be the case that for offline proposals, for customized services, prices are also presented per group or per package.
You understand and accept that without prior notice, whether online or offline, before or after confirmation of booking, the published prices of the Tours, the Activities and any other products or services offered by the Tour Operator: are subject to change at any time; may be subject to promotion or discount at any time; may differ between the Tour Operator's sales channels and those of authorized resellers.
You also understand and accept the concept of dynamic pricing. In other words, the price may vary, decreasing or increasing, after the booking is made due to various factors, both internal and external to the Tour Operator's operation, and that the definition and publication of prices is the sole responsibility and discretion of the Operator.
The customer also understands and accepts the concept of a non-refundable rate. In other words, the price for the same Listed Service and under the same offer conditions may vary, often substantially decreasing. So, the same service can be offered at two prices, and not necessarily simultaneously, a price at which the customer is offered the chance to cancel and be refunded (refundable or regular rate) in accordance with the informed and related cancellation policy, and a price, often much lower, at which if the customer cancels they are not refunded (non-refundable rate). In addition, if you book at a non-refundable rate, not only can you not cancel, you can't make any changes or no-shows, otherwise you won't be eligible for a refund under the Tour Operator's standard cancellation policy.
From time-to-time the Tour Operator may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least 1 deposit has been received by the Tour Operator are not entitled to reduced pricing.
Prices are subject to change until the booking has been processed and confirmation provided to the customer based on real-time availability.
You understand and accept that prices may vary according to the price categories defined by the Tour Operator and that the categories may vary from service to service. Unless otherwise specified, whether for Listed Services or Personalized Services, online or offline, the standard price categories are as follows: up to 3 years old are considered infants; between 4 and 11 years old are considered children; from 12 years old are considered adults while in some services participants aged 12 to 17 constitute a category and are considered young.
After a booking confirmation has been issued by the Tour Operator, or by any authorized reseller, the Tour Operator reserves the right to impose surcharges on any products or services booked for reasons arising from increases in transportation costs, fuel costs, fees, taxes, currency and monetary fluctuations, inflation, fees charged for integrated third-party services or government action that has an impact, directly or indirectly, on the price of the applicable products or services. Provided however, the Tour Operator will only do so where the increase in question is greater than 3% of the original price paid for the products or services (excluding taxes). Upon learning of the necessity to impose a surcharge in accordance with this section the Tour Operator will provide notice to you as soon as reasonably possible. Where the increase in price is greater than 15% of the original price of the applicable products or services (excluding taxes), you may choose to either: (a) cancel the applicable booking without incurring any penalty; or (b) accept the change of price. You must notify the Tour Operator of your choice within 7 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.
If you have a promotional code, are eligible for a discount or have a gift card with applicable funds, this must be applied, used or communicated during the booking process before the purchase process is finalized and payment made.
If you have a Promotional Code from us, and unless otherwise stated, you can only use it when making a booking on our website. Once you've started the booking process, a specific field will appear for you to enter the code. The discount will be automatic. You understand and accept that promotional codes are targeted. In other words, the validity of the codes varies and they can be, among other possibilities and combinations, redeemed only for making reservations during a specific period of time, or for traveling on specific dates, or on a specific offer, or for a set of specific offers.
Gift Cards and Promotional Codes cannot be stacked, consolidated, accumulated, transferred, re-used, or redeemed for cash value unless otherwise noted. All Gift Cards and Promotional Codes have an issuance and an end or expiration date, whether explicit or not. Where allowed under applicable law, end or expiration dates for Promotional Codes are set at 6 months from issuance when no end date is explicitly noted and expiration dates for Gift Cards are set at 18 months from issuance when no end date is explicitly noted.
You understand and accept that, unless otherwise specified, the promotional codes, discounts and gift cards are only valid and can only be used to make bookings directly with the Tour Operator through the booking channels provided for this purpose. This means that these promotional codes, discounts and gift cards are not valid or redeemable for bookings made through any third-party agents, even if authorized, whether online or offline.
We, as the Tour Operator and final service provider and understanding that there is no other intermediary in the production of the service, guarantee the best (lowest) price, at the time of the booking, on all services directly produced by us and exclusively marketed through our website, namely all Listed Services designated as Guided Tours. The best (lowest) price shall mean any price equal to or less than any other price found elsewhere applied to the EXACT same Listed Service, provided that it is inclusive of all the same service components, same rate and taxes, is intended for the same number of participants, on the same date, at the same time of departure or start of activity, marketed through an authorized reseller, in the same currency and being marketed through the same sales channel – online – and in the same conditions. This means that when we advertise this guarantee, if the customer finds the same advertised service cheaper at the time of booking, we will, after examining and proving the price comparison, match the difference and add a 5% discount if the customer books the service directly with us. You understand and accept that once you have booked and are guaranteed the lowest price at the time of booking, the price may change, either up or down, either as a base price or as a result of promotions or discounts, and that this does not entitle you to any discount, credit or refund. The Tour Operator has implemented and markets under the concept of dynamic pricing, which sets prices according to factors internal and external to its operation. In addition, note that our best (lowest) price guarantee covers retail rates available to the general public. It does not include discounts you may receive from third party organizations, or special offers made as part of a membership program, corporate discount, daily deal, group or reward program. Also note that this is not to be confused with the non-refundable rate. In other words, for the purposes of the Best (Lowest) Price Guarantee, a Service advertised at a non-refundable rate cannot be compared with the same Service advertised at a refundable or regular rate. This will result in different prices for the same service, but one of the components, the rate and therefore the underlying conditions, is not the same. For more information, see the previous section on Prices and Non-Refundable Rates.
All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance these Terms.
You acknowledge that you are responsible for keeping up to date on the specific details of your Tour and any other products or services, including, but not limited to checking the Tour Operator’s emails at least 1 (one) hour prior to departure as changes may have been made after the time of booking. You also acknowledge that you are aware and agree that, before, during and after the tour, the Tour Operator and the Tour Guide may communicate details and information about the tour through instant written messages, either via SMS and/or WhatsApp, on the cell phone number submitted by the group leader.
The Tour Operator cannot be held responsible for emails that end up in the spam folder of your inbox and you acknowledge that under no circumstances can you claim lack of information or ignorance due to the fact that the email(s) ended up in spam.
As a result of your online booking of a Listed Service, made directly on the Operator's website or on another website of an authorized reseller, you will receive via email a confirmation of your booking, classified with an alphanumeric reference automatically assigned by the booking system. Also, as a result of your offline booking of a Listed Service or a Customized Service, you will receive via email a confirmation of your booking, classified with an alphanumeric reference automatically assigned by the booking system.
As soon as the date of your activity or tour approaches, you will receive directly by TAF your access ticket to your activity or tour by email and in digital format. You will receive your ticket well in advance and always no later than 24 hours before the scheduled start time of the activity or tour. Unless, of course, you book services less than 24 hours before the departure or start time. You will need to present your digital ticket to the Host, Driver, Guide or Tour Leader, depending on the activity booked, so that they can scan and validate it.
As a condition of booking, either online or offline, you must provide the information requested by the Tour Operator along with full payment. If you fail to provide all required information, during the booking process and afterwards until a date set by the Tour Operator, an administrative fee will be charged for any costs incurred by the Tour Operator as a result of your failure to provide the required information.
In the event that you fail to supply information required by the Tour Operator, even after you have received the booking confirmation, the Tour Operator also reserves the right to treat your booking as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. The information required by the Tour Operator will vary by Tour and will be communicated to you or to the Tour Operator’s authorized agent during the booking process and/or after the booking has been made. The Tour Operator will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
If you are booking online, on Listed Services, on the Tour Operator's website, you will be asked to pay in full for the services you are booking. It is not likely, but it may occasionally happen, that on the website of one or more of the resellers authorized by the Tour Operator you can book on Listed Services and pay in installments.
Please verify that the Service(s) and cost(s) displayed in your shopping cart when purchasing through the websites are correct before finalizing payment.
During the online booking and payment process, on the Tour Operator's website, you will be shown and suggested to read these Terms, including the cancellation policy, so that you can make an informed decision and make a consented act.
If you are booking offline, on Listed Services and directly with the Tour Operator, you can pay in full or if you request it, you may be eligible to pay in installments. However, please note that the Tour Operator reserves the right to apply a fee on this payment method, which will always be informed in advance for your knowledge and acceptance. In this payment method, a matrix of partial payments will be defined, applied and informed to you. Payments will be requested to be made by you during the time between the date of booking and the date of the activity. Final payment must be made by the date set by the Tour Operator, which will always be before the date of the Activity.
In both of the above cases, booking Listed Services online or offline, the payment conditions applied will always be aligned and in accordance with the Tour Operator’s cancellation policy, which will be presented and informed to you during the booking process. This means that by completing your booking and making the corresponding payment(s), whether partial or total, you acknowledge and accept the booking's cancellation policy.
Customized Services are always booked offline, directly with the Tour Operator or through an authorized reseller or agent. If you are booking offline, on Customized Services, directly with the Tour Operator, you will be asked to pay in full or in installments, depending on the services requested and the time between the date of booking and the date of the Activity. If the Tour Operator considers that it meets the conditions to accept payments in installments, it will define, apply and inform you in advance, for your knowledge and acceptance, a matrix of installments and dates for you to make the corresponding payments. Payments will always be requested during the period between the date of booking and the date of the activity. The final payment must be made by the date set by the Tour Operator, which will always be before the date of the Activity.
Booking Customized Services requires the definition and application of a booking dedicated cancellation policy, which may differ from booking process to booking process. During the booking process, the Tour Operator will submit a dedicated booking cancellation policy for your consideration and acceptance. The payment conditions applied will always be aligned and in accordance with the Tour Operator’s dedicated cancellation policy. This means that by completing your booking and making the corresponding payment(s), whether partial or total, you acknowledge and accept the booking's dedicated cancellation policy.
During the offline booking and payment process, directly with the Tour Operator, whether you are booking on Listed Services or Customized Services, you will be shown and suggested to read these Terms, including the cancellation policy, so that you can make an informed decision and make a consented act.
Once payment(s) has been made, either online or offline, you acknowledge and accept these Terms as well as other Terms, Conditions and Policies presented as dedicated directly during an offline booking process. You acknowledge and accept that any dedicated Terms, Conditions and Policies presented to you directly on a booking process and which may or may not contradict or even be in conflict with the Terms, Conditions and Policies stated in these general Terms and Conditions, overlap to these Booking Terms and Conditions statement.
Whether you are booking online or offline, on Listed Services or Customized Services, through an authorized Reseller or Agent, you will always be subject to these Agent’s Booking Terms and Conditions as well as their payment terms and booking cancellation policy. In this booking scenarios, through these booking channels, the Tour Operator will never be held responsible for any disputes. Please also note that under no circumstances may you proceed with the Tour Operator with a booking and payment process, whether you are booking online or offline, on Listed Services or Customized Services, initiated through an authorized reseller or agent. If this is the case and you wish to manage your booking directly with the Tour Operator, you must always cancel the booking process initiated with the reseller or authorized agent, subject yourself to their cancellation policy and start a new booking process with the Tour Operator and subject yourself to its booking terms and cancellation policy.
Whether you are booking online or offline, on Listed or Customized Services and directly with the Tour Operator, only the total payment over the requested services, will guarantee the Acceptance of the Booking and the consequent provision of the correspondent services by the Tour Operator. Only this completion will trigger the issuance of the access ticket to the Activity or Tour. If total payment is not received by the applicable due date, the Tour Operator may, at its sole discretion, change the rate payable for the booking, or treat the booking as cancelled and retain any deposits paid on booking as a cancellation fee.
You acknowledge and accept that the Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Tour Operator.
To confirm an online booking on our website, you need to start and complete a booking process from the booking widget available on the page of the tour you have selected. The booking process is completed when payment is made. As soon as payment is confirmed, you will receive an e-mail confirming your booking. If you don't receive the booking confirmation email, first check your spam folder and, if you still don't receive it, contact us directly and as soon as possible. Later, closer to the date of your activity, whether you booked online or offline, on listed or customized offers, you will receive the activity or tour ticket. Only the ticket gives you access to the activity or tour. The ticket will be sent to you by email between 7 and 2 days before the date booked for the tour. Unless you book 48 hours before the activity start time or the tour departure time. In this case, you will receive your ticket no later than 10 hours before start/departure. Unless otherwise indicated and informed, which may happen, there is no need to print out the tour or activity ticket. Simply show it to the tour guide or activity host from your mobile phone so that they can scan it before start/departure.
If you book online and directly with the Tour Operator, you may cancel your booking from the confirmation email you received following all the steps provided for this purpose. Cancellation fees, if any, will be determined automatically by the Tour Operator’s booking system with reference to the date and time on which command of cancellation is registered by the Tour Operator’s booking system in confrontation to its Booking Cancellation Policy established for online bookings and the booked Listed Service in particular.
If you book offline and directly with the Tour Operator, you may cancel your booking by notifying the Tour Operator in writing and via email. No other form of contact, whether by voice or in writing, will be considered effective for this purpose. Cancellation fees, if any, will be determined with reference to the date and time on which notice of cancellation is received by the Tour Operator in confrontation to its Booking Cancelation Policy established for offline bookings and the booked Listed or Customized Service in particular.
It is reiterated here that the Tour Operator is based in Portugal and considers for all purposes the following time zone (UTC+0) WEST Western European Summer Time / GMT + 1 & WET West European Time / GMT + 0.
Unless otherwise stated and which will prevail, whether for online or offline bookings on Listed Services and provided these are made directly with the Tour Operator, the Tour Operator's Booking Standard Cancellation Policy establishes that no operational costs will be applied to the customer if the booking is rebooked or canceled up to 24 hours, 48 hours, 3 days, 5 days, 7 days, 15 days or 30 days (depending on the Listed Service booked) before the date and scheduled start time of the Activity or Tour. Regarding rebooking, you understand and accept that these are always subject to availability and price changes. This means that if you rebook, you are not guaranteed a date of your choice or the same price. The above does not apply at all to bookings made on non-refundable rates. Bookings made at this rate are not rebookable and are not refundable under any circumstances, unless canceled by the Tour Operator and in accordance with the Booking Changes and Cancellations by the Tour Operator section. See also Prices and Non-Refundable Rate section.
Also, unless otherwise stated and which will prevail, for offline bookings on Customized Services and provided these are made directly with the Tour Operator, the Tour Operator will define, apply and inform to the customer a Booking Dedicated Cancellation Policy, establishing a time frame indicating dates by which the customer can cancel with and without application of operational costs and be entitled to a full or partial refund of payment(s) already made.
Unless otherwise stated and which will prevail, if entitlement to a refund is verified, you accept that in both of the above cases and as well as in any other case stated in these Terms and related to refunds, the customer will receive from the Tour Operator a refund of the of the respective payment(s) made minus any financial costs to be supported by the Tour Operator, such as charges levied by third parties or financial institutions due to the financial transaction necessarily arising from the refund operation. The same applies in full to the term “100% refund guarantee promoted on the website or any other advertising medium used by the Tour Operator, whether online or offline.
Still regarding cancellations and refunds, you understand and accept that, once the time limits set out in the cancellation policies, whether standard or dedicated, have been exceeded, you as a customer will not be able to unilaterally decide to cancel a booking alleging causes and reasons of force majeure and therefore become eligible to request a refund. This decision, if it happens and falls within these types of causes and reasons, is the exclusive responsibility of the Tour Operator. Under this assumption, if you actually cancel the booking, the Tour Operator will consider the cancellation as a breach of contract and therefore, under no circumstances, will you be entitled to a refund.
For each Listed Service, the Operator will always designate one or more Meeting Points and the associated information. These Meeting Points are used to find you and/or pick you up to start an Activity. In the case of private tours, the Tour Operator may offer you the possibility of indicating a Pick-up and Drop-off address, provided that it is within a limited geographical area. In these cases, when you indicate an address for Pick-up and do not indicate it for Drop-off, the Operator will default to the same address as for Pick-up.
After purchasing a service, you will receive a confirmation email with details of the location and specific time of the meeting point or pick-up point, as well as the drop-off point. If this information is not included in the confirmation email, it will certainly appear on the ticket that will be sent later.
In circumstances where the address indicated by you for Pick-up and/or Drop-off is pedestrianized and therefore off-limits to cars, or is very difficult to access by car, or for any other reason is off-limits to traffic, the Tour Operator reserves the right, in advance or on the day of the Activity, to suggest an alternative Pick-up point. The Meeting Points, Pick-up and Drop-off addresses will always appear on the tickets issued. The Tour Operator is not responsible for tickets obtained from unauthorized sources which may not be valid.
Unless otherwise stated on the Activity or Tour ticket, guests must arrive at the meeting point or pick-up point 10 minutes before the start of the service, tour or activity. We recommend that you give yourself enough time to get to the meeting or pick-up points. If you or your travel companions are running late or need help finding the meeting point or pick-up point, please call primarily to the Tour Guide's cell phone number provided to you in advance and if you are unable to make contact then call to Tour Operator’s office at the number provided in your confirmation email or Activity access ticket and we will do our best to help you. In the event that the Activity or Tour is private and the Tour Guide does not receive any warning contact from the client informing of a delay, or the Guide's telephone call to the client is not answered, a tolerance of 30 minutes will be offered if the booked service is private and 10 minutes if the booked service is not private. Once this tolerance has elapsed, the Tour Operator reserves the right to consider it as a “No-Show” and cancel the services booked without incurring any liability. You acknowledge and accept that it will not be possible to reschedule or compensate you for missing the activity or excursion due to traffic, falling asleep, getting lost, or any other circumstance.
If, for any reason, you arrive late for the meeting, whether uninformed or informed to the Tour Guide, you acknowledge and accept that the original itinerary may be compromised and that there may be a need to adapt the programmed itinerary. Consequently, you also accept that you will be subject to the adaptation proposed by the Tour Guide and that under no circumstances will you hold the Tour Operator responsible for what has happened.
Should it happen that at the time of the meeting you change your mind and that you, part of the group or the whole group no longer wish to do the activity as booked or that you want to change it in part or in whole, you understand and accept that the Tour Guide representing the Tour Operator may agree to do it but with conditions or deny its execution without you being able to hold the Tour Operator responsible in either case or be eligible for a partial or full refund.
The Tour Operator may suggest changes or even cancel a booking, whether you are booking online or offline, on Listed or Customized Services, directly made with the Tour Operator or through authorized agents, at any time even if it is secured with a valid payment. Nevertheless, the Tour Operator will always do everything in its power to ensure that this never happens.
You acknowledge and accept that your booking is subject to changes, reasonably made by the Tour Operator and which do not significantly affect or compromise the essence of the activity or tour, such as, but not limited to: replacement of the booked vehicle; change of departure or arrival time; replacement of the Tour Guide; change of tour itinerary; change with replacement of attractions; replacement of restaurant or accommodation; and other similar changes. These types of changes, which are considered minor, reasonable and acceptable, do not constitute valid grounds for cancellation on the part of either the Tour Operator or the Client and as such are also not eligible for a refund on the part of the client if the time limit for cancellation free of charge is exceeded.
Whether online or offline, on Listed or Customized Services, via the Tour Operator or via authorized agents and resellers, you also acknowledge and accept that there may be overbookings as well as lapses and errors in the communication, announcement and advertising of availability by the Tour Operator. As such, you acknowledge that once you have made a reservation and it has been confirmed by the Tour Operator, the latter may, after exhausting all possibilities to accept and proceed with the booking, cancel it due to unavailability, at any time and even if it is secured with a valid payment. If this is the case, provided that the evident lack of availability is the reason, the Tour Operator: should but is not obliged to notify you of the cancellation within 72 hours of making the booking; or may notify you of the cancellation at any time up to the time of departure, if the booking is made within 72 hours of the date and time of departure for the activity or tour. In either case the costumer will be entitled to a refund of any valid payment made in the meantime to hold the reservation.
You also acknowledge and accept that the Tour Operator may at any time, and not necessarily for reasons of force majeure or your negligence, conclude either that there is an imminent need to make significant changes to the booking, of the kind that significantly impact the essence or operation of the activity or tour, or that it should be effectively canceled. Therefore, the Tour Operator, in the event of an objective situation that prevents it from proceeding with the booking, whether made online or offline, on Listed or Customized Services, via the Tour Operator channels or via the authorized agents and resellers channels, may cancel it, based on any of the following causes and/or reasons, but not limited to: overbooking; errors in communication and advertising of availability; unexpected failure of resources associated or not with the booking or service to be provided; breach of contracts and agreements with suppliers and third parties; significant changes to the booking or service to be provided; significant operational disruption; significant computer and technological disruption; human error; among others.
In the event that the Tour Operator communicates the need to make significant changes to the booking or the effective cancellation of the booking, the customer will have the option of accepting one and only one of the alternatives suggested and made available by the Tour Operator, such as, but not limited to: (1) the option of accepting the significant change to the booking and proceed with the amended product or service, namely but not limited to: change of dates, change of times, change of activities, replacement of attractions, change of the duration of the activity or tour, replacement of the activity or tour, among others; (2) the option to book another product or service of equal, lesser or greater value, if available. You will be responsible for paying any difference in price if the new booking is of greater value or the Tour Operator will refund you the difference in price if the new booking is of lesser value; (3) the option of receiving a refund of all payments made on the booking and definitely cancel the booking; (4) the option to be issued a credit of any amounts paid on the booking, valid for a period of time to be determined by the Tour Operator, to be redeemed exclusively against the payment of another existing or future booking. The Tour Operator reserves the right to decide, at its sole discretion, on one of the aforementioned options, or even another that it considers more suitable and provided that it has suggested it in its communication to the customer, if it does not receive the customer's decision within the period informed in the same communication.
You acknowledge and accept that your decision on the options set out above is binding and that under no circumstances may you reverse it without the acceptance of the Tour Operator and that, for whatever reason, you will never hold the Tour Operator responsible and/or claim any kind of compensation, whether financial, material or operational, for the cancellation of a booking. Furthermore, the Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including but not limited to visas, vaccinations, non-refundable flights or rail, non-refundable car parking, non-refundable hotel rooms or any other fees, loss of earnings, or loss of enjoyment.
You acknowledge that the nature of adventure travel, tours, activities and in general the enjoyment of experiences requires your flexibility and understanding. You acknowledge that, at the time and during the operation, you will allow reasonable changes to the products, services or itineraries in progress by the Tour Operator. The route, schedules, accommodations, activities, attractions, amenities, accessibilities, mode of transportation and other elements are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator and its operational staff, including but not limited to: Force Majeure; illness; mechanical breakdown; weather conditions; car accident; strikes; political events; local celebrations; authorities' instructions; roadblocks and roadworks; etc.).
After departure, for reasons beyond the control of the Tour Operator, it reserves the right to alter or cancel any of the booked services without prior notice due to the impossibility of carrying it out entirely as described, planned and booked. Where a significant element of an Activity or Tour as described cannot be provided after departure, the Tour Operator will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, the Tour Operator may provide you with a refund based on a discount for unused products or services as determined in its discretion. Nevertheless, no reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Tour Operator, including your removal from a Tour because of your negligence, inappropriate behavior or breach of these Terms. It is emphasized that after departure and in the event of impossibility of access, by road or on foot, to any site or impossibility of visit to any attraction or in the event of a travel delay in accessing any site or attraction listed in the itinerary, the customer will not be entitled to any refund. The same non-entitlement to a refund occurs in some of the following cases but is not limited to: sites or attractions suddenly or momentarily closed; crowded sites or attractions; lack of good visiting conditions; unexpected or longer than expected queues; unexpected events and celebrations; longer than expected walks; adverse weather; traffic jams; and other. Furthermore, you acknowledge and accept that the Tour Operator is not responsible for any incidental expenses or consequential losses that you incur as a result of delay in the execution of the services, including but not limited to flights, trains, cruises, rent-a-car or other transportation bookings; hotel bookings; restaurant reservations; entertainment bookings; show tickets; or any other booked services and any other unforeseen expenses; loss of earnings; or loss of enjoyment.
You acknowledge and accept that once a Tour has departed, delays may happen and itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Tour Operator. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Tour Operator, whether or not such expenses arise from a delay in the execution of services or change of itinerary, and the Tour Operator is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. The Tour Operator will not be liable for any indirect and or consequential losses associated with any delays or changes to a booking or itinerary.
In the case of private activities or tours, due to the nature of the service, the costumer's preferences and the relationship built up between the costumer and the Tour Guide, changes may be made to the itinerary on-the-go. These changes and adjustments to the program are agreed and accepted at the time between the parties, including the direct payment of extra costs, if any. This type of changes to the itinerary, personally agreed and mutually accepted, may result in part or all of the services booked not being used and, in this sense, will not entitle the customer to a refund.
You acknowledge that the nature of travel, adventure, tours, activities and in general the enjoyment of experiences requires your acceptance of risk. You acknowledge that the products and services offered by the Tour Operator may involve a significant amount of risk to your health and safety. By traveling with the Tour Operator, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases the Tour Operator from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including but not limited to car travel, visiting sites and attractions, and participating in adventurous activities such as those included in Tour itineraries or otherwise offered by the Tour Operator.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating in physical activities and in traveling to remote locations as other low or high-risk activities. The Tour Operator operates in two of the world's top-ranked Destinations, namely Portugal and Spain, and makes sure that it operates in compliance with and even beyond the standards required by local laws. Nevertheless, standards of hygiene, accommodation and transport in Portugal and Spain, where activities, tours and services take place, may differ or may be perceived as lower than the standards you may reasonably expect in your home country. You agree that the Tour Operator is not responsible to match your expectations of these standards and that variations may occur, as for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with these Terms and all applicable laws and regulations of the countries where the Tour Operator operates. Should you fail to comply with the above, or contradict and break the rules informed by the Tour Guide when on an Activity or Tour, or commit any illegal act when on Tour or, if in the opinion of the Tour Operator, acting reasonably, your behavior is causing or is likely to cause danger, distress or material annoyance to others, the Tour Operator may terminate the execution of services on any product or service immediately at your expense and without any liability on the Tour Operator’s part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by the Tour Operator or the Tour Operator’s suppliers for property damage, destruction or theft caused by you while on a Tour or Activity. You agree to immediately report any pre-existing damage to a representative of the Tour Operator and staff of the accommodation, transportation service, or facility as soon as possible upon discovery.
You agree that you are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of your failure to secure or be in possession of proper travel documentation. You understand and accept that you must travel with personal identification, photo ID Card or Passport, and that at any time you may be asked to show it by authorities, booked attractions, or simply to access the Tour Operator’s booked services, or any others. Please ensure that all members of your party have a valid photo ID on them on the day of the service execution. This is particularly important for participants who have qualified for a reduction based on age or student or any other status. Students and others who have qualified for a price reduction must also be accompanied by their student, member or associate ID. You accept that you will never hold the Tour Operator responsible for any damage or loss caused to you as a result of not providing your identification in person and on a valid form. The Tour Operator does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas, vaccinations, climate, clothing, baggage, or special equipment and you agree that the Tour Operator is not responsible for any errors or omissions in this information.
The operator is also not responsible for your failure to show up or delay at the meeting point or pick-up point. Please refer to the Meeting-points and Pick-up section of these Terms regarding no-shows and late arrivals.
You agree to take all prudent measures in relation to your own safety while on Tour or Activity including, but not limited to, the proper use of safety devices, including seatbelts, and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour Operator nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
You agree to bring any complaints to the Tour Operator as soon as possible in order to provide the Tour Operator with the opportunity to properly address such complaint. You agree to inform your tour leader, tour guide, driver or another representative of the Tour Operator when on Tour or Activity, or the Tour Operator’s contact person or customer service department directly after the execution of services has been completed. The Tour Operator assumes no liability for complaints that are not properly brought to the attention of the Tour Operator and cannot resolve or attempt to resolve complaints until proper notice is provided either immediately, while the services are being carried out, or subsequently, after the services have been carried out. Any complaint made after the completion of a Tour or Activity must be received in writing by the Tour Operator within 15 days of the last day of travel of the booking in question.
The Tour Operator makes arrangements with, but not limited to, accommodation providers, activity providers, attractions providers, restaurants, cruise lines, coach companies, transfer operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third-Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third-Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the Tour Operator does not warrant that any Third-Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
The Tour Operator is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees and when applicable. The Tour Operator is not liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.
“Optional Extras” refers, but not limited, to any activity, transportation, attraction entrance, meal, entertainment, product or service not expressly included in the Tour Operator’s booked product and its price and do not form part of the booked Tour or Activity. These Optional Extras can take place during the Activity or Tour or beforehand when the travel services are being organized. You agree that any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras. You release the Tour Operator from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
The company’s office can be contacted for both business and customer support purposes: by email, at the following address experiences@theamityfamily.com; or by telephone at the following number +351 9107432989 (call over the Portuguese mobile network) during office hours, which are Monday to Friday from 9:30 a.m. to 5:30 p.m. (UTC+0).
The Tour Operator provides Online Bookings and produces Tour Operations on a 24x7x365 basis. This means that Online Bookings are always available through its website and that Activities and Guided Tours run daily at the Destination without regard to weekdays, weekends or holidays, all year round and with no fixed timetable.
We, the Tour Operator, provide reliable human customer support to assist the customer every step of the way. Our dedicated team is available to answer your questions, resolve issues, and ensure a smooth experience. Expect personalized, friendly, and efficient help whenever you need it. No chatbots, just real human support.
Furthermore, we would like you to know that the Tour Operator has implemented a methodology for assigning Experience Advisors to all bookings from the beginning and in accordance with the theme of the booking. It's like a dedicated booking manager, but with even more depth, as this person is empowered to assist you 360º and tends to be, not guaranteed, the Activity Leader or Tour Guide on the day of your activity. This guarantees that not only will you always be talking to someone who has in-depth knowledge of the service you're booking, but also has the power to help you tailor the service to your personal interests. What's more, from the outset you'll also be creating an empathetic relationship with your Activity Leader or Tour Guide who you'll meet on the day of the activity. With this assignment of professionals, the details are not lost, you really get what you're looking for and beyond, the relationship is much more fruitful and the tourist experience is much more qualitative and even human. That's why, for Customer Support purposes, if you already have an active booking, you will certainly have been assigned an Experiences Advisor, along with their direct email and telephone contact details, you should always contact this person first, as they will be the best informed about your booked Activity or Guided Tour and will possess the best knowledge about you and your booking in general.
The Tour Operator is obliged by Portuguese law, as an economic agent of the country where it is based and the Destination where it operates, to provide the customer with a legal and formal mean of exercising their right to complain. This is known as the Complaints Book and will be made available to the customer in electronic format and on request whenever the initial dispute step presented below has not been successful between the parties. This complaint channel is directly managed by ASAE, the Portuguese Authority for Economic Activities. However, before filing a formal complaint with the competent authority, you acknowledge and agree to proceed with the following steps and their order, failing which you may not meet the requirements and eligibility to litigate in court.
Initial Dispute Resolution: The Tour Operator is available to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved by informal means. The Tour Operator will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration: If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the Lisbon Consumer Dispute Arbitration Center (the “LCDAC”) or in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Portuguese arbitration law.
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state courts located in the cities of Lisbon or Leiria, Portugal. The parties expressly consent to exclusive jurisdiction of the courts thereof.
The Tour Operator and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for: (1) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any land, air or water vehicle operated or provided by such other provider; and (2) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, pandemics, theft, or any other cause(s) beyond their control. You waive any claim against the Tour Operator for any such loss, damage, injury, or death.
In the event that any loss, death, injury or illness is caused by the negligent acts or omissions of the Tour Operator then the Tour Operator limits its liability, where applicable by its liability and operational insurances as all applicable laws of the country in which it operates. See Tour Operator’s insurance limits in separate section.
Notwithstanding anything to the contrary elsewhere in these Terms, the Tour Operator will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
For verified claims not involving personal injury, death or illness or which are not subject to the insurances and laws referred to above, any liability the Tour Operator may incur for the negligent acts or omissions will be limited to a maximum of the price which you paid for the applicable booked product or service, not including taxes, insurance premiums and other administration charges. Where this relates to loss or damage to other personal possessions, such as, but not limited to: garments; sunglasses and other accessories; suitcases, bags and backpacks, then the Tour Operator liability will not exceed € 50,00 Euros (fifty euros) per item and € 250,00 Euros (two hundred fifty euros) in total. The Tour Operator will not at any time be liable for any loss of or damage to valuables of any nature, such as, but not limited to: watches; wallets and purses and their contents; cell phones and other electronic devices; jewelry; cash and credit cards. You agree that you will be precluded from making a double recovery by making the same claims and seeking recovery against the Tour Operator and its suppliers, contractors or other third parties.
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, quarantine, epidemics, pandemics, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
You agree that, while participating in any Tour or Activity, images, photos or videos may be taken by other participants, the Tour Operator or its representatives that may contain or feature you. You acknowledge and accept that by making a booking you are automatically contracting with these Terms and you hereby consent to any such images being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors and assigns, to reproduce, either online or offline, for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you. If you don't want the Tour Operator or their representatives to take pictures of you, simply inform the Tour Guide on arrival at the start of the Activity. However, we cannot in any way guarantee that other participants, tourists, travelers, locals or others will not take images of you. Should this be the case, you will never hold the Tour Operator responsible for what happened or for any publishing or use of them.
As a booker of products and services, or as a traveler, or as costumer, the Tour Operator encourages you to register a rating and a review of the services provided, either on the Tour Operator's website, or on the website of authorized agents, or on the websites for registering ratings and reviews.
If the website makes it possible, bookers or travelers may: post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, false, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Amity Family reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. Where applicable, the above also applies when bookers or travelers make comments, ratings or reviews on other websites or platforms, whether open or not, and whether or not the Tour Operator is represented on them, such as, but not limited to, www.tripadvisor.com; www.google.com. If this is the case, the Tour Operator reserves the right and will make every effort with the website or platform to edit and/or remove the review, rating or comment. Ultimately, depending on the extent of the damage to its business or reputation, you understand and accept that the Tour Operator may even take legal action against you.
If you do post content or submit material, and unless we indicate otherwise, either on the Tour Operator's website, or on the website of authorized agents, or on the websites for registering ratings and reviews, you grant the Tour Operator a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Tour Operator the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Terms and will not cause injury to any person or entity; and that you will indemnify the Tour Operator or its third-party suppliers for all claims resulting from content you supply. The Tour Operator has the right but not the obligation to monitor and edit or remove any activity or content. The Tour Operator takes no responsibility and assumes no liability for any content posted by you or any third party.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors and assigns.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.
The Booking (contract), the Terms and its interpretation shall, to the maximum extent allowed, be subject, governed by and construed in accordance to the laws of the country of Portugal and you accept to submit to the exclusive jurisdiction of the arbitration authorities and/or courts located in the cities of Lisbon and/or Leiria, Portugal for the resolution of any dispute under these Terms or concerning any Tour, Activity product or service.
We may assign our rights under these Terms and Conditions without your approval.
The Tour Operator reserves the right to update or alter these Terms at any time without notice, and will post the amended Terms updating its statement on the Tour Operator’s website. Any amendment will take effect 7 days after being posted to the Tour Operator’s website. An up-to-date copy of these Terms, as amended, may be accessed at any time on the Tour Operator’s website and may be sent to you upon written request to the Tour Operator. You are deemed to have accepted any amendments to these Terms on the date that is 7 days after their posting on the Tour Operator’s website, even if the customer has already booked or has a booking in progress. The Tour Operator recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.