Terms and Conditions
Contacts
Name: FOLLOW SENSATIONS UNIP. LDA.
VAT number: PT513467114
Address: Av. dos Náufragos - Porto de Abrigo / 2970-152 Sesimbra, Portugal
E-mail: info@bolhastours.com
Mobile: +351 910658555 | +351 912265834 (call to national mobile network)
Agreement Between User and SeaProtech
The SeaProtech website is comprised of various web pages operated by Follow Sensations Unipessoal Lda.
The SeaProtech website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SeaProtech website constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms and Conditions
SeaProtech reserves the right to change the terms, conditions, and notices under which the SeaProtech website is offered, including but not limited to the charges associated with the use of the SeaProtech website.
Links to Third Party Sites
The SeaProtech website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SeaProtech and SeaProtech is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SeaProtech is not responsible for webcasting or any other form of transmission received from any Linked Site. SeaProtech is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SeaProtech of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the SeaProtech website, you warrant to SeaProtech that you will not use the SeaProtech website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SeaProtech website in any manner which could damage, disable, overburden, or impair the SeaProtech website or interfere with any other party's use and enjoyment of the SeaProtech website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SeaProtech websites.
Use of Communication Services
The website SeaProtech may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
SeaProtech has no obligation to monitor the Communication Services. However, SeaProtech reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SeaProtech reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SeaProtech reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SeaProtech's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SeaProtech does not control or endorse the content, messages or information found in any Communication Service and, therefore, SeaProtech specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SeaProtech spokespersons, and their views do not necessarily reflect those of SeaProtech.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to SeaProtech or Posted at any SeaProtech website
SeaProtech does not claim ownership of the materials you provide to SeaProtech (including feedback and suggestions) or post, upload, input or submit to any SeaProtech website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SeaProtech, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SeaProtech is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SeaProtech's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products, and services included in or available through the SeaProtech website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SeaProtech and/or its suppliers may make improvements and/or changes in the SeaProtech website at any time. Advice received via the SeaProtech website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
SeaProtech and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the SeaProtech website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. SeaProtech and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall SeaProtech and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SeaProtech website, with the delay or inability to use the SeaProtech website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SeaProtech website, or otherwise arising out of the use of the SeaProtech website, whether based on contract, tort, negligence, strict liability or otherwise, even if SeaProtech or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the SeaProtech website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the SeaProtech website.
Termination/Access Restriction
SeaProtech reserves the right, in its sole discretion, to terminate your access to the SeaProtech Web Site and the related services or any portion thereof at any time, without notice.
General
Use of the SeaProtech website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SeaProtech as a result of this agreement or use of the SeaProtech website. SeaProtech's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SeaProtech's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SeaProtech website or information provided to or gathered by SeaProtech with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SeaProtech with respect to the SeaProtech website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SeaProtech with respect to the SeaProtech website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- GENERAL CONDITIONS
1.1 Follow Sensations Unipessoal Lda, with NIF 513467114, RNAAT 346/2015 (TP) with registered office in Sesimbra and holder of the national brand SeaProtech (INPI), hereinafter referred to for commercial purposes as SeaProtech, establishes the following general conditions for the provision of leisure activities and coastal transportation services to its individual or collective client, hereinafter referred to as Client.
1.2 SeaProtech hereby informs the Client that enrolment in any activity or rental program it carries out presupposes knowledge and acceptance of these conditions and the particular specifics presented on the respective product page at www.bolhastours.com and/or in a written quotation, presented to the Client by the email: info@bolhastours.com.
1.3 SeaProtech undertakes to guarantee insurance to all participants. In accordance with the legislation in force for Touristic Companies and Maritime Tour Operators, SeaProtech guarantees Civil Liability insurance and Personal Accident insurance to the Client in its activities, in accordance with the Decreto-Lei nº 108/2009, in its Artigo nº 20 of the Portuguese Legislation.
1.4 The responsibilities of SeaProtech set out in this document and arising from the obligations assumed with the Client are guaranteed by valid annual Civil Liability and Personal Accident insurance, and by licensing with the corresponding public bodies for the Touristic Companies and Maritime-Tourism activity, by complying with the annual safety inspections required of its equipment, by the professional training of its human resources and by respecting the best environmental and HSW (Health and Safety at Work) standards applicable to the sector, in the pursuit of the activities contracted with the Client. The licensing bodies are: Turismo de Portugal IP (TP), the Direção Geral dos Recursos Marítimos (DGRM), the Autoridade Marítima Nacional (AMN) and the Instituto da Conservação da Natureza e Florestas (ICNF).
1.5 Individual conduct is the responsibility of the Client. SeaProtech accepts no responsibility for accidents resulting from the reckless acts of participants or their disregard for the instructions of its staff. During the activities and before registering for them, it is the Client's responsibility to ensure that they are in good health to take part in the contracted activity(ies). Whenever there are minors taking part in the activities, they must be accompanied by a direct family member, their guardian or another person duly designated under the applicable legal terms.
1.6 At any time, the SeaProtech representative or their duly identified collaborator may forbid access to participation or continued participation in the activity to a Client who appears to be under the influence of alcohol, narcotics, psychotropic substances or products with a similar effect; if any of these conditions are met, the contractual relationship between the parties will be automatically terminated. In the event of refusal to abandon the activity, the competent Public Authority will be activated to define the consequent measures, where applicable.
BOOKING CONDITIONS AND PAYMENTS
1.7 Activity reservations (quote request, at info@bolhastours.com):
Booking will be effective after payment of 50% of the total amount of the quote, by the means of payment made available from SeaProtech to the Client after acceptance of the budget.
The remaining amount to be paid on the day of the activity by the Client, at the time of check-in, at the sailing center by MB/Visa/MBway, or other means provided to the client.
1.8 Online Bookings (Tickets, at www.bolhastours.com):
Booking will be made after payment of the full amount of the activity presented in the online store by the means of payment made available there, with confirmation of the date to the Client by SeaProtech for the activity to take place.
1.9 After payment by the Client of the ticket amount, SeaProtech must be provided with the tax data by email or by the online form with the ticket in order to issue the activity invoice to the Client.
1.10 Upon payment of the total value of the activity, under the agreed conditions, there is no place for the Client to pay any additional amount to SeaProtech and likewise, there will be no deductions from the amount due to SeaProtech by the Client according to the price accepted between the parties for the realization of the activity or for the rental.
1.11 All online prices and the ones provided under quote include VAT at the legal rate in force.
REFUND POLICY
1.12 Cancellation requests up to 15 days before the activity: must be requested by email and the amount paid up to that date will be refunded 100%;
1.13 Cancellation requests up to 48 hours before the activity: must be requested by email and the amount paid up to that date will be refunded at 50%;
1.14 Cancellation requests less than 48 hours before the start of the activity: No refund.
1.15 If the sea conditions do not allow the contracted activity to be carried out safely, the Client will be informed by email up to 12 hours before the time of the activity and the amount will be refunded 100% - without any additional cost or fee, within 24 hours of sending the client's account details for the refund. No compensation will be paid to the Client for travel, meals, accommodation reservations or other ancillary costs resulting from this cancellation. If the parties are willing to reschedule the activity on a new date, the original contractual conditions will be maintained.
1.16 If the activity contracted with the Client is canceled at the time of check-in due to unforeseeable adverse weather conditions or force majeure (wars, earthquakes, acts of terrorism, cataclysms, pandemics, etc.) the amount will be refunded 100% - without any additional cost or fee, within 24 hours of receiving the Customer's account details for the refund. No compensation will be paid to the Client for travel, meals, accommodation or other ancillary costs resulting from this cancellation. If both parties are willing to reschedule the activity on a new date, the original contractual conditions will be maintained.
1.17 If a Client who appears to be under the influence of alcohol, narcotics, psychotropic substances or products having a similar effect is not allowed to take part in the activity or in part of the activity, no refund apllies.
1.18 Other specific cancelations conditions may be accepted by written agreement Between SeaProtech and the Client at the quotation stage.
1.19 Any questions about this Conditions, should be writen and sent to the email: info@bolhastours.com. Replies from SeaProtech within 48 hours.
1.20 For the rest, and in all that is omitted from these General Conditions, Portuguese law shall apply.
Copyright
All contents of the SeaProtech website are: © SeaProtech and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
To the maximum extent permitted by law, this agreement is governed by the laws of PORTUGAL and you hereby consent to the exclusive jurisdiction and venue of courts in LISBON, PORTUGAL in all disputes arising out of or relating to the use of the SeaProtech website.