1. Booking a Trip
Before you pay a deposit and make a booking through our website you will have been asked to tick a box agreeing to these terms and conditions. Once you tick that box you are bound by these terms and conditions and acknowledge that you have read and understood them.
If you have any queries contact CoolPortugal at firstname.lastname@example.org
All our prices are in Euros and unless stated otherwise include VAT
We reserve the right to change prices with notice even after you have booked a CoolPortugal experience and paid a deposit or in full. CoolPortugal will not however change a price unless it is the result of a supplier increasing prices lawfully or as a result of some other circumstance beyond either the control of CoolPortugal or its supplier such as increased cost of conducting the supplier’s business, or the introduction or increase of taxes.
Payment terms will be provided to you with each particular booking. Different suppliers have different policies. However by way of overview you can expect that you will be required to pay 50% of the price of the Experience at the time of booking with the balance payable as required by each Supplier. No booking will be made with the Supplier until the Deposit is paid. Should the Customer delay in paying the Deposit or any other payment due under the Payment terms then CoolPortugal cannot warrant or promise that the Experience will still be available at the times requested or at the same price.
If there occurs an Experience Price Increase you will be entitled, subject to any policy of a Supplier to the contrary, to a refund of any monies paid provided that the price increase occurs more than one calendar month before the commencement of the experience booked. A Transaction Fee will be deducted from any monies to be refunded.
All payments made by credit card will be subject to a transaction charge as noted on CoolPortugal’s booking form.
By supplying credit card details to us you authorise us to have access to your credit card number reports and or credit reports, to authenticate your identity, to validate your credit card, to obtain credit card authorizations and to authorise individual purchase transactions.
3. Some of the Terms used in these Terms and Conditions
“Cancellation Without Cause” means in respect of Clause 9 a cancellation of an Experience at the discretion of the Customer and in the absence of Major Change.
“Customer” means you.
“Deposit” means 50% of the price of the Experience unless advised otherwise as to the sum required.
“Experience” means any product, activity, accommodation, or travel related endeavour including for example driving a car, playing golf, hiking, surfing, touring, dining, etc. and being the Experiences depicted on the website of CoolPortugal from time to time.
“Experience Price Increase” means an increase in the price of the Experience by more than 5% and occurring more than one calendar month before the commencement date of the Experience
“Major Change” means a significant change to the components of an Experience (including an Experience Price Increase) such as a downgrading of room classification for the whole of a stay or the cancellation of an activity fundamental to the Experience such as a surfing Experience centred around a Rip Curl or Billabong international event but would not include any delay in the Customers arrival at the Experience which delay is unconnected with the Experience. Major Change does not include events covered by clause 10 Force Majeure.
“Minor Change” means an insignificant change to the components of an Experience which in the sole discretion of CoolPortugal could not reasonably be expected to lead to a cancellation of an Experience by a Customer acting reasonably, such as a change in date or time of the undertaking of an activity, or a change in room classification for a day, or such other change which could not reasonably be compensated for by the Supplier providing a refund of any charges paid for in respect of services not delivered.
“Supplier” means the entity supplying the product activity or accommodation.
“Transaction Fee” means a fee, presently $200 payable by the Customer to CoolPortugal in the event of cancellation based upon a Major Change.
4. Travel Documentation and Requirements
It is the Customers responsibility to ensure that all travel, visa, health and other necessary documents ( including for example driving licences ) are in order at the time of travel. CoolPortugal will not be liable for any loss or increased cost which arises from the Customer failing to comply with his or her responsibility.
It is the Customers responsibility to arrange appropriate travel insurance to cover any eventuality which might result in injury, illness, inability to participate in the Experience, delay in arrival at the Experience, or any other loss or damage associated with the Experience including as a result of a Major Change or Force Majeure.
You may also be engaging in activities as part of some Experiences which may not be covered by your travel insurance. You should check with your insurer to see if you would be covered by your travel insurance for all activities included in the Experience.
CoolPortugal requests all suppliers to provide warranties as to appropriate public liability insurance under Portuguese Law. CoolPortugal makes no representation or warranty that any request has been responded to or that any Supplier has in fact obtained current appropriate public liability insurance. CoolPortugal does not make any warranty or representation as to the business of any supplier. CoolPortugal is not in any way liable for any act or omission of a Supplier, negligent or otherwise, which in the course of an Experience results in loss or damage to the Customer. CoolPortugal has no control over any Supplier.
CoolPortugal is dedicated to promoting Portugal as a tourist destination. However CoolPortugal makes no representation that any particular Experience will be enjoyed by the Customer or be tailored to the Customers needs and the Customer will not be entitled to make any claim against CoolPortugal in respect of any dissatisfaction with the Experience including dissatisfaction with the type of accommodation, an Itinerary selected, any activity or any other matter whatsoever associated with the Experience. The Customer accepts full responsibility for satisfying himself / herself that The Experience booked is one which he or she wishes to undertake.
CoolPortugal will also not be responsible for any Experience or part of an Experience which cannot be undertaken because of weather or other conditions which cannot be forseen including for example an insufficient number of participants or the termination of any Suppliers business. CoolPortugal will accordingly also not be responsible for any refund of monies claimed by the Customer relating to any Experience or part of an Experience which cannot be undertaken unless the claim falls within the terms of the Cancellation and Refunds clause.
CoolPortugal packages Experiences which we think will show you the best of Portugal. CoolPortugal puts much time and effort into designing Experiences and selecting Suppliers who are best equipped to provide those Experiences.
CoolPortugal however is not responsible for its Suppliers and cannot make any representation about the actual level of service, performance or non performance that will be supplied at the time the Customer undertakes the Experience.
The information CoolPortugal discloses on its website is based on information provided by Suppliers. CoolPortugal uses reasonable skill and care in verifying that information. CoolPortugal cannot guarantee that that information is correct and cannot be held responsible if any information is not correct or is misleading. Only the Supplier can be responsible for that information and the Customer should note that when a booking is made the Customer agrees to the terms and conditions of each particular Supplier who contributes any service making up part of the Experience or the Experience.
In respect of hotel Suppliers bookings are based on double occupancy and on availability of certain types of room at the time requested. CoolPortugal cannot guarantee that rooms of the type described will be available at the relevant time because of for example operational or maintenance reasons.
8. Changes to Booking Experiences
If you wish to change the dates or makeup of any Experience CoolPortugal will attempt to make those arrangements with Suppliers but cannot guarantee that the changes requested can be accommodated.
If it becomes necessary for CoolPortugal to change dates or any specifications of an Experience by reason of the request of a Supplier then if the change is a Major Change the Customer will be offered a refund in accordance with the Cancellation and Refunds clause. CoolPortugal shall not be liable for any claim for compensation or damages in addition to its obligations under the Cancellation and Refunds clause.
If however the change is a Minor Change the Cancellation and Refunds clause is not applicable and in addition CoolPortugal shall not be liable for any claim for compensation or damages.
9. Cancellation and Refunds
Any cancellation by the Customer must be made in writing to email@example.com and must specify the reason for the cancellation.
In the event of Cancellation Without Cause by the Customer more than 60 days from the commencement date of the Experience then following payment of a deposit an amount of 15% of the Experience Price will be forfeited and CoolPortugal is entitled to deduct that sum of monies from the Deposit and return the balance of the Deposit to the Customer
In the event of Cancellation Without Cause between 30 and 60 days the amount forfeited will be 25% on the same basis.
In the event of Cancellation Without Cause between 15 and 29 days the amount forfeited will be 50% on the same basis.
In the event of Cancellation Without Cause less than 15 days from the commencement date of the Experience no refund will be made.
Should a Minor Change occur the Customer shall not be entitled to any refund and shall not be entitled to make any claim for compensation or damages against CoolPortugal and should the Customer determine to cancel the Experience that cancellation shall be deemed to be a Cancellation Without Cause.
In the event of a Major Change we will notify you of that change and will offer to you, subject to our ability to do so having regard to the cancellation policies of the Supplier either the option of accepting the changed arrangements, purchasing an alternative similar Experience, or cancelling the Experience and subject to the Suppliers cancellation policy offering a refund of monies paid ( subject to deduction of the Transaction Fee ). If the Suppliers cancellation policy prohibits the refund of monies paid CoolPortugal will not be able to make a refund. CoolPortugal recommends that Customers arrange appropriate travel insurance and will not be liable for any loss howsoever caused which otherwise would be covered by the usual type of travel insurance policy.
10. Force Majeure
Sometimes events occur which are even with the application of due care beyond the control of either the Customer, Suppliers or CoolPortugal. These events can include war, riots hurricanes typhoons or other severe weather events.
Should such events occur you will still be liable for the cancellation fees that apply to Cancellation Without Cause ( see clause 9 above ).
CoolPortugal will make all reasonable endeavours to secure refunds from Suppliers but cannot guarantee that it can obtain any refund and again CoolPortugal emphasises to the Customer that appropriate travel insurance should be obtained.
11. CoolPortugal’s role
CoolPortugal does not run supervise control or own in part or in whole any of the Suppliers who supply the components of or the whole of any Experience. The Experiences are provided by Suppliers generally based and owned in Portugal.
CoolPortugal is not a provider of any of the components of or the Experiences. CoolPortugal has no responsibility for any Supplier.
The Supplier provides the components of or the Experience directly to the Customer.
CoolPortugal make no representation or warranty regarding the standard of of service or performance of any Supplier.
CoolPortugal makes no guarantee or warranty about the services or performance supplied by the Supplier.
12. Complaints and Liability
If the Customer has a complaint or problem with the Supplier and / or any component of or the Experience then that complaint or problem should be raised immediately on the spot with the Supplier.
CoolPortugal has no liability for any act omission or default whether negligent or otherwise of any Supplier or third party.
CoolPortugal has no liability for any loss or damage occasioned by any negligent act or omission of any Supplier.
Where the liability of CoolPortugal cannot be excluded any liability of CoolPortugal is restricted to the price of the Experience relating to the person making the claim.
The illustrations and photographs on our website to illustrate and depict Experiences are used as an indication only of the look and feel of the Experience and may not be identical to the components of the Experience booked.
14. Applicable Law and Jurisdiction
The law of Portugal shall be the law applicable to these Terms and Conditions and the Customer and CoolPortugal consent to the exclusive jurisdiction of the courts and tribunals of Portugal.