GENERAL TERMS AND CONDITIONS FOR BOOKING WITH BECOOL TRAVEL
These General Terms and Conditions for Booking with BeCool Travel (the "General Terms and Conditions"), along with the information set out in your booking confirmation email (the "Booking Confirmation") set out the terms on which Relaxdefender, Unipessoal (under BeCool Travel brand) agrees to make available the Services to you through the Website (see defined terms below).
These General Terms and Conditions, the Booking Confirmation and the relevant Cancellation Policies of the Suppliers also set out the terms on which the Suppliers agree to provide the Services to you.
The Services made available by BeCool Travel can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance.
Customers undertake to fulfil the obligations contained within these General Terms and Conditions. The agreement between Customers and BeCool Travel comes into force as soon as BeCool Travel provides the Customer with the Booking Confirmation by email.
Customers should save and/or print a copy of these General Terms and Conditions for future reference when making a booking.
By using BeCool Travel services, you agree with these General Terms and Conditions.
Article 1. Definitions and scope
The following definitions have the same meaning whether they are singular or plural.
'Customer' (or "you/your") means a customer who reserves and/or books one or more Services offered on the Website.
Holiday Activities' means the offering of tickets to events or tourist attractions at travel destinations, such as boat tours or guided tours.
'BeCool Travel' means RelaxDefender, Unipessoal and/or becooltravel.com.
Relaxdefender Unipessoal, with NIPC: 514463570 under the brand BeCool Travel, has its headquarters on Rua Emissor Regional do Sul, Bloco D, Loja 3, 8000-338 Faro, Portugal.
'General Terms and Conditions' means these general terms and conditions for booking and use, as amended from time to time.
'Lead Customer' means the Customer who makes a booking for themselves and/or on behalf of others under the same booking.
'Package Holiday' means the same as the definition of a "package" in the Package Travel Regulations.
'Package Travel Regulations' means The Package Travel and Linked Travel Arrangements Regulations 2018.
'Service' means a service offered by the Suppliers on the Website, such as transport services, accommodation services, car hire services, rail transport services, Holiday Activities, insurance and Package Holidays.
'Supplier' means a supplier of Services, such as an hotel, tour operator, car hire company, or Destination Service supplier.
'Website' means the www.becooltravel.com website.
1.2. Scope and your relationship with BeCool Travel
These General Terms and Conditions apply to offering of the Services by BeCool Travel. BeCool Travel operates the Website which acts as an interface between you and the various Suppliers offering the Services, including BeCool Travel. When you make a booking for a Service using the Website, you will be entering into a contract within the relevant Supplier of that Service.
These General Terms and Conditions are subject to the Suppliers' Cancellation Policies which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is your responsibility to familiarise yourself with the Suppliers' Cancellation Policies and any third party booking service supplier’s terms and conditions.
The General Terms and Conditions can be changed by BeCool Travel at any time without prior notice, although such changes will not apply to bookings that have already been accepted by BeCool Travel on behalf of the Supplier(s) concerned. It is therefore essential that all Customers read, save and/or print a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.
Article 2. Booking via the Website
2.1. The Customer's legal authority
The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Suppliers.
The Lead Customer must also ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these General Terms and Conditions and that the Lead Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all Customers in the booking.
The Lead Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.
The Lead Customer agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.
The Lead Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the Services offered by BeCool Travel and the Suppliers or to the other functionalities of the Website.
2.2. Confirming and cancelling bookings
The Booking Confirmation, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Lead Customer by e-mail. If the Lead Customer does not receive a Booking Confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services at firstname.lastname@example.org.
It is expressly agreed that the data stored in the information systems of BeCool Travel, and / or its Suppliers shall constitute proof with respect to the bookings made by the Lead Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
Cancellations can be made by email for email@example.com.
All such requests will be dealt with on behalf of the Suppliers concerned. Customers do not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their Cancellation Policy.
In the event of cancellation or partial cancellation of a booking by the Lead Customer, charges may be imposed by the applicable Suppliers according to the Cancellation Policy on each product/service.
A fee may be imposed by the applicable Supplier in the event of a cancellation to a booking – please refer to the Cancellation Policy notified in the booking process for more details.
If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the Cancellation Policy of the applicable Suppliers as notified in the booking process.
If a Customer wishes to cancel any part of a booking, and if such cancellation is permitted by the applicable Supplier, BeCool Travel will not apply any cancellation administration fee.
BeCool Travel reserves the right to cancel a Customer’s booking if full payment for the booking, or any applicable cancellation fee relating to a booking is not received in a timely fashion.
2.2.3 Change of booking
Alterations are not possible after the booking is complete and fully payed by the Customer. Please contact our services through email: firstname.lastname@example.org
In the event of a refund to the Customer after a cancellation, the relevant amounts will be transferred back by the party that took the original payment (such as BeCool Travel, a Supplier, or such other party as may appear on Customer's credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note refunds may take up to 3 months.
2.3. Travel documents
The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Lead Customer when making his / her reservation.
If the delivery of travel documents is impossible because of an error made by the Lead Customer in providing his / her personal details, neither the Supplier nor BeCool Travel shall be liable.
Article 3. Specific Services
BeCool Travel operates the Website, which acts as an interface between the Customer and the Suppliers with respect to offering and supplying all Services.
The purpose of this Article 3 is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer's information. These details are not exhaustive and do not replace the Suppliers' Cancellation Policies. In the event of any conflict or inconsistency between these General Terms and Conditions and the Supplier's Cancellation Policies or any third party booking service supplier’s terms and conditions, the Supplier's Cancellation Policies or the third party booking service supplier’s terms and conditions will prevail. The Cancellation Policies of Suppliers are made available prior to making a booking.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of BeCool Travel.
3.1. Accommodation services
Accommodation may be offered separately or as part of a Package Holiday. The accommodation services, whether booked separately or as part of a Package Holiday, are subject to the Cancellation Policies of the Suppliers offering the accommodation which will be made available before booking and the provisions under this Article 3. The Supplier's Cancellation Policies may include restrictions on and/or charges for cancellation and/or changes imposed by the Suppliers.
All bookings will require that the Lead Customer's credit card or Paypal account is charged for the full payment upon reservation. Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.
If a Customer does not show for the first night of the reservation and plans to check-in for subsequent nights in the reservation, the Lead Customer must confirm the reservation changes with BeCool Travel no later than the original date of check-in to prevent cancellation of the whole reservation. If the Lead Customer does not confirm the reservation changes with BeCool Travel the whole reservation may be cancelled and refunds will only be due to the Customer in line with the Cancellation Policies of the applicable Supplier as notified in the booking process.
Any Customer who does not cancel their reservation before the cancellation policy period applicable prior to the date of arrival will be subject to the charges shown in the Cancellation Policies.
Customers should note that some suppliers do not permit cancellations of reservations after they are made and these restrictions are shown in the Cancellation Policies for the given Holiday Package / Hotel.
3.2. Use of rooms
The Customer is reminded that, in general, rooms are only available from 14:00 and have to be vacated by 12:00, irrespective of the time of arrival or departure or the means of transport used.
Single rooms generally have one bed and a supplement is often payable for these rooms. Double rooms usually have either two single beds or one double bed.
3.3. Hotel Classification
The indication of the comfort level given to hotels in the descriptions on the Website corresponds to a classification based on local standards in that country. This classification is provided only as an indication. Customers should be aware that standards can vary between hotels of the same class in different countries, and even in the same country. It is important to read carefully the individual hotel descriptions. Accommodation in all hotels, whatever the rating, is in standard rooms unless otherwise stated.
It is possible that, from time to time, for reasons (for example a hotel is overbooked due to connectivity issues with the hotel) or for reasons of force majeure (for example a hotel is closed due to a hurricane) a hotel booking is cancelled by the accommodation Supplier. Should such events occur, BeCool Travel will make all reasonable efforts to notify the Customer of this as soon as possible and where possible will offer alternative accommodation in a hotel with at least the similar range services.
It is possible that, from time to time particular activities offered by the Suppliers that are shown in the description of the Holiday Package /Holiday activities on the Website are cancelled, for example as a result of weather conditions or other reasons beyond the Supplier's reasonable control, or if the required number of participants for the activity is not achieved.
Where Holiday Package is concerned, the sequence of the various activities/attractions is shown only as an indication. This can be changed by the Suppliers.
If meals are part of an accommodation package, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the accommodation package. Accommodation which includes main meals generally commences with dinner on the day of arrival at the hotel and terminates with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refunds will be made.
The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself / herself.
Parents are advised to bring special food for their baby with them, as this is not always available locally.
The local authorities in certain countries may impose additional taxes (tourist tax, etc), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.
3.7. Car hire
Car hire services are offered separately or as part of a Package Holiday. These car hire services, whether booked separately or as part of a Package Holiday, are subject to the Cancellation Policies of the respective Supplier (car hire company) and the provisions under this Article 3.
3.7.1. Method of payment
The Customer making the booking must present a valid card in her/his name upon pick up of the hire vehicle. Debit cards are not accepted and the Customer must check which credit cards are accepted by the Supplier.
The Supplier may submit an authorisation request to the credit card company during the period of car hire by way of a deposit held by the Supplier. The Customer must therefore contact his / her credit card company to ensure the payment card limit is suitable for this purpose. Some larger car types require two credit cards.
If the Customer does not comply with the terms set out in this Article 3.7.1, the Supplier may not make the vehicle available and the full price of car hire will still be charged.
Additional charges may be payable locally such as refuelling, additional driver charges and young driver surcharge. The Customer acknowledges that in no event shall BeCool Travel and/or its Suppliers be liable for such additional charges as detailed or otherwise.
An excess amount may be applicable in the event of theft or damage to the hire car. This will vary depending on the Supplier and country of rental. Purchase of an optional additional insurance coverage locally (called super CDW or super TP) will remove/reduce the excess applicable. The Customer acknowledges that in no event shall BeCool Travel or its Suppliers be liable for such excess or provision of additional insurance coverage as detailed or otherwise.
Petrol is not usually included in the hire tariff. For the hire of vehicles in certain countries, certain Suppliers automatically add charges for filling the fuel tank when the vehicle is returned. In addition, certain Suppliers charge a supplement if snow tyres are used.
Unless agreed otherwise, the Customer must return the vehicle to the branch of the Supplier from which it was collected. If the Customer does not comply with this, the Suppliers may charge an additional surcharge.
Special equipment, such as child seats, can be requested, and will be payable directly to the Supplier upon pick up (if available).
3.7.3. Collection / use of the vehicle
Drivers must usually be aged between 21 and 75 although this can vary between Suppliers and from country to country. It is the Customer's responsibility to check this with the Supplier. Additional charges may also apply if any driver is aged below 25 or over 70.
All drivers must present a full valid driving licence in their name for the category of vehicle rented when taking delivery of the hire car. International rentals may have different driving licence requirements. An international driving licence is required if the drivers' licence is not in the Roman alphabet. Additional documentation such as a passport or up to two forms of proof of name and address may also be required. Customers should check the Cancellation Policies of the Supplier offering the car-hire for details of all applicable criteria for booking car-hire.
The Customer is reminded that some Suppliers do not permit the rented vehicle to be used outside the country in which it has been rented.
3.7.4.Cancellation of bookings / unused rental days
No refunds will be offered on bookings cancelled within 6 hours to pick up time or any unused rental days, and the supplier Cancellation Policies will prevail over this rule.
3.8. Holiday Activities
Holiday Activities may be offered separately or as part of a Package Holiday through BeCool Travel or another third party company at the time of booking. These Services are subject to these General Terms and Conditions and the Cancellation Policies of the Suppliers offering the Holiday Activities. The Holiday Activities are not usually transferable, nor eligible for refunds or changes (unless cancelled by the Supplier).
3.8.1. Refund and cancellation of Holiday Activities
It is possible that, occasionally, Holiday Activities offered by the Suppliers on the Website are cancelled for reasons such as weather conditions, or other reasons beyond the reasonable control of the Supplier, or if the required number of participants for the activity is not achieved. In these circumstances, Customers should refer to the relevant Supplier's Cancellation Policies in relation to refunds.
3.9. Package Holidays
A Package Holiday, in general terms, exists when you make a single booking which includes a combination of services according to a defined program.
If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via BeCool Travel, you will NOT benefit from rights applying to Package Holidays.
Package Holidays made available on the Website are supplied by BeCool Travel or a third party Supplier. Customers must read the terms and conditions of this Article and the Cancellation Policies of the Suppliers before booking. If there is any inconsistency between the terms of this Article and the Cancellation Policies of the Suppliers, the Cancellation Policies of the Suppliers shall prevail.
3.9.1. Reservations and bookings
All bookings for Package Holidays are subject to availability at the time of booking. Acceptance by the Supplier of reservations made by the Customer will depend on availability of the Package Holidays. Suppliers do not have to give reasons for refusing to accept a reservation.
A contract will only come into existence between you and the Supplier when you have paid the price payable on booking and we have issued a Booking Confirmation to you. Acceptance by the Supplier is formalised by sending a Booking Confirmation e-mail to the Lead Customer within 24 hours of a booking being placed by the Lead Customer.
We advertise a large number of Package Holidays and we try hard to ensure that the advertised price is always accurate. Despite BeCool Travel best efforts, some of the Services listed on the Website may be incorrectly priced. BECOOL TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE.
The Suppliers are under no obligation to supply you with a Package Holiday which is incorrectly priced, even after we have issued the Booking Confirmation, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.
The trip descriptions on the Website specify the Services included in the price for each trip. Prices are shown in Euros.
The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.
If BeCool Travel and/or the Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, without prejudice to any action that might be taken against him / her.
3.9.3. Cancellation and changes by the Customer
Requests by the Customer for cancelling a trip must be submitted by email to email@example.com. Such requests will be dealt with on behalf of the Suppliers concerned.
In the event of cancellation of the Package Holiday booking by the Customer, BeCool Travel and the Supplier can require compensation to cover the costs of the travel arrangements already made. In addition to this, a standard cancellation charge may be made by the Suppliers of each element of the Package Holiday in respect of each cancellation. Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking.
In addition to the cancellation right set out above, you shall have the right to cancel your booking before the start of the Package Holiday without paying any cancellation charge in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity, if we have confirmed to you that the event will significantly affect the performance of the Package Holiday, or will significantly affect the carriage of passengers to the destination. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in Article 3.9.9 below.
If the Customer does not present himself / herself at the departure of the trip and/or fails to use some or all of the Services booked, refunds will only be awarded to the Customer in line with the Cancellation Policies of the applicable Suppliers as notified in the booking process.
Please note that Package Holidays are subject to the Cancellation Policies of the Supplier and separate cancellation charges imposed by the Supplier may apply.
You may transfer your Package Holiday to another person who satisfies all the conditions applicable to the Package Holiday, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days or more before departure shall be considered to be reasonable. BeCool Travel will seek to help with the name transfer, but note that where the Package Holiday includes a flight, depending on the airline’s Cancellation Policies, this may amount to a flight cancellation and rebooking (with a 100% cancellation charge).
3.9.4 Cancellation and changes by BeCool Travel before travel
22.214.171.124 Changes by BeCool Travel before travel
As the arrangements which make up your Package Holiday are planned many months in advance, from time to time BeCool Travel may need to make a change to your Package Holiday. BeCool Travel reserve the right to do so at any time. Most changes are minor changes, however, occasionally BeCool Travel will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Package Holiday, or where it cannot fulfil any of your special requirements which it has accepted.
In the unlikely event that BeCool Travel has to make a significant change to your Package Holiday, we will tell you as soon as reasonably possible. You will then have the option to:
(a) accept the proposed change. If this results in a Package Holiday of lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below;
(b) reject the proposed change and terminate your Package Holiday with a full refund; or
(c) reject the proposed change, terminate your Package Holiday and take an alternative one if we decide to offer this. If you decide to take an alternative Package Holiday, we will inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below.
BeCool Travel will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the change. If you do not confirm within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package Holiday and provide you with a refund.
If you decide to reject the proposed change and terminate your Package Holiday with a full refund, you may also be entitled to compensation in accordance. This will usually be as outlined in the table below, unless the change is as a result of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.
In the event of more than one significant change to the Customer's Package Holiday BeCool Travel will only pay compensation in respect of a single change per full fare paying adult.
BeCool Travel will pay compensation dependent on the time before their departure that BeCool Travel notifies the Customer about the change.
|Time before departure date (days)
We may not give you any of the above options in the event that a change to the purchased Package Holiday is a minor change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the departure time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, a change of accommodation to another of the same or higher standard, or a time change of activity qualify as minor changes.
126.96.36.199 Cancellations by BeCool Travel before travel
On rare occasions, BeCool Travel may have to cancel your Package Holiday and it reserves the right to do so. If it has to do so, it will notify you as soon as possible. BeCool Travel may (at its discretion) also offer you an alternative Package Holiday if it is able to do so, and inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below. If BeCool Travel cannot offer you an alternative, or even if you just prefer, it will provide you with a full refund of any payments made for the Package Holiday.
You may be entitled to compensation as a result of our cancellation of your Package Holiday in accordance with Article 3.9.9 below, except where BeCool Travel is prevented from providing the Package Holiday because of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.
3.9.5 BeCool Travel Travel's responsibility for the performance of the Package Holiday
BeCool Travel does not itself own or provide any of the Services, facilities or travel arrangements which make up your Package Holiday. These are provided by Suppliers which BeCool Travel arranges to provide the Services, facilities or travel arrangements which make up your Package Holiday. BeCool Travel has a legal duty to exercise reasonable skill and care in making the arrangements for the Suppliers to provide the Services, facilities and travel arrangements to you.
You must tell us immediately of any problem or improper performance of your Package Holiday. This will give BeCool Travel the opportunity to resolve the issue whilst you are on your Holiday. However, these rights will not arise if remedying the issue is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with Article 3.9.9.
If a significant proportion of the Services included in your Package Holiday cannot be provided as agreed in the booking, BeCool Travel shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Package Holiday. If the alternative arrangements available are of lower quality you will be entitled to a price reduction as described in Article 3.9.9 below. You may only reject the alternative arrangements offered to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if BeCool Travel is not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Article 3.9.9.
If BeCool Travel is unable to ensure your return to your place of departure as agreed in your Package Holiday because of Unavoidable and Extraordinary Circumstances, it shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package Holiday.
If a longer period of accommodation than that referred to above is provided for in EU passenger rights legislation concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.
3.9.6 Supplier Cancellation Policies
BeCool Travel works with Suppliers of travel products such as rent-a-cars, tour operators and hotels, but does not control these Suppliers. The Services are subject to the Cancellation Policies of the Suppliers offering the Services. The Cancellation Policies of Suppliers of transport services and accommodation services are made available prior to making a booking.
3.9.7 Unforeseen and Extraordinary Circumstances
In these General Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.
3.9.8 Assistance in resort
188.8.131.52 Assistance when Customer is in difficulty
BeCool Travel shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, BeCool Travel does not charge for this assistance, although it does reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
184.108.40.206 Resolving disputes at the resort
If there is a problem with your Package Holiday during your trip, please immediately inform both us (via email firstname.lastname@example.org) and the relevant Supplier (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Supplier so we can both help to put things right without delay.
If your Booking Confirmation does not refer to a local representative, please contact BeCool Travel directly to report any problems for email@example.com. Quote in any case the Booking reference, the destination and the dates of travel.
BeCool Travel, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.
220.127.116.11 Resolving disputes after your holiday
However, if your complaint is not resolved locally, please follow this up within 30 days of your return home by emailing us (firstname.lastname@example.org) at the details set out above, giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
The consumer can also resort to an alternative third party entity for resolution, like the: Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (www.consumoalgarve.pt).
At Livro de Reclamações Electrónico (www.livroreclamacoes.pt) you can submit a complaint and / or request practical information about your consumer rights.
Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
3.9.9 BeCool Travel's obligation to provide a price reduction and/or compensation for damages
You will be entitled to an appropriate price reduction from BeCool Travel for any period during which there is a problem, unless the problem is attributable to you.
You shall be entitled to receive appropriate compensation from BeCool Travel for any damage you sustain as a result of a problem except where the problem is:
(a) attributable to you;
(b) attributable to a third party unconnected with the provision of the Services included in the Package Holiday and is unforeseeable or unavoidable; or
(c) due to Unavoidable and Extraordinary Circumstances.
BeCool Travel shall not be liable to pay compensation to you in connection with your Package Holiday where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of its Suppliers. These same limitations will apply to BeCool Travel and in an identical manner as if such limitations applied directly to BeCool Travel. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. BeCool Travel shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package Holiday.
BeCool Travel’s liability will also be limited in accordance with the Cancellation Policies of the Suppliers of your Package Holiday and in an identical manner as if such limitations applied directly to BeCool Travel.
BeCool Travel's liability to you in connection with your Package Holiday shall be limited to a maximum of three times the cost of your Package Holiday, except in cases involving death, injury or illness where we or its Suppliers have caused such damage intentionally or with negligence.
If you are granted compensation or a price reduction by another party in relation to the same problem which you claim compensation or a price reduction from BeCool Travel, then it may deduct the compensation or price reduction you receive from the other party from that which is payable by BeCool Travel.
Except as set out above, BeCool Travel accepts no liability for any claims, losses, expenses, damages or liability for your Package Holiday, except in cases involving death, injury or illness where BeCool Travel has caused such damage with negligence.
3.9.10 Lapsing of liability and limitation complaints period
Claims based on implementation of the trip not being in accordance with the contract should be submitted within 30 days of the contractually-scheduled end of the trip. In that case, contact email@example.com. Claims should be made in writing, in Customer's own interest. The limitation period begins on the day on which the trip should end, based on the contract.
3.9.11 Accessibility and reduced mobility
Not all Package Holidays are suitable for customers with reduced mobility. We recommend that you contact us to discuss whether a travel product would be suitable for your particular needs so we can provide support before you complete your Package Holiday booking.
Article 4. General Dispositions
4.1. Travel destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. BeCool Travel advises Customers to review any travel prohibitions, warnings, announcements and advisories.
By offering travel to particular international destinations, BeCool Travel does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for damages or losses that may occur from travel to such destinations.
The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated above. The Customer will be notified of all applicable charges at the time of booking. Despite BeCool Travel best efforts, some of the Services listed on the Website may be incorrectly priced. BECOOL TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. BeCool Travel is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.
4.3. How our sort order is determined
Customers have many options to help them find the perfect hotel, package, car rental or activity. The “sort” settings allow travellers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow Customers to include or exclude various options to suit their travel needs.
4.4. Photographs and illustrations
BeCool Travel does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.
The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer's responsibility to ensure any insurance policy taken out is adequate to cover their requirements.
Article 5. Financial conditions and payment procedures
5.1 Local taxes and payments
Unless specified otherwise in the Cancellation Policies, the prices of the Services shown on the Website are expressed in Euros, excluding local taxes imposed by the authorities in some countries.
The price of Services booked on the Website must be paid to BeCool Travel which will accept such payments on behalf of the Suppliers.
The Customer shall provide the details of his/her payment card and BeCool Travel will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer's credit card).
BeCool Travel is located in Portugal. An invoice for every transaction will be issued by RelaxDefender, Unipessoal, NIPC (VAT) 514463570.
Article 6. BeCool Travel's liability
The Customer accepts that where BeCool Travel acts as an interface between the Customer and the Suppliers, BeCool Travel will under no circumstances be held liable with respect to Services the Customer has booked with one or more Suppliers. BeCool Travel is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.
The information displayed on this Website has been provided by the respective Suppliers, and BeCool Travel does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.
Customers should note that all hotel ratings shown are intended as guidance only and may not be an official rating. BeCool Travel does not accept any liability in relation to the ratings shown.
Article 7. Disclaimer
Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that BeCool Travel will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website. The exclusions and limitations contained in this Article apply only to the extent permitted by law.
Article 8. Applicable law
These General Terms and Conditions are governed by the laws of Potugal. In the rare event of litigation, the consumer can resort to an alternative third party entity for resolution, like the: Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (www.consumoalgarve.pt).
At Livro de Reclamações Electrónico (www.livroreclamacoes.pt) you can submit a complaint and / or request practical information about your consumer rights.
Article 9. Final Provisions
If BeCool Travel does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions come into force on 30 June 2018
ANNEX 1 WALKING TOURS HEALTH & SAFETY GUIDELINES
Safety on Tour
Safety of our clients is paramount and we do monitor local events and conditions. If we feel it is necessary to modify an itinerary we will do so and naturally advise you immediately, although this is rare. Every attempt will be made to safeguard your holiday arrangements.
You should be aware of potential hazards as walking amongst mountains, hills and even in cities does involve an element of risk. Terrain underfoot can vary and you may find walking poles a great aid to mobility and they take some strain off the knees.
As the tour leader is responsible for the safety of all group members, he or she may adopt a more cautious approach depending on local conditions.
Do be aware that itineraries planned for some tours may be varied on the spot because of unexpected events such as weather conditions.
The final decision for any change rests with our leader.
We cannot be held responsible for disruption to planned itineraries arising from weather conditions or other situations beyond our control. Every effort will be made to provide alternative activities and to ensure that you have the best possible Tour.
Health & Physical Condition
Travelers in all tours should be in good physical condition and prepared to enjoy considerable walking, often over uneven surfaces. Many spectacular views are usually seen from the tops of hills that must be walked up.
We ask you to appraise your own capabilities honestly. In addition, those individuals requiring special attention, treatment or whose condition limits their activities must disclose this information to us.
We reserve the right to decline to accept or retain any person as a tour member should such a person's health, mental condition, physical infirmity or attitude jeopardize the operation of the tour and the rights welfare or enjoyment of other participants or their own self.
Participants agree not to hold the organizer responsible for any loss, injury or damage to any person, property or otherwise in connection with any accommodation, transportation or resulting from any Acts of God, dangers, incident at sea, fire, breakdowns in machinery or equipment, act of governments authorities, de hure or de facto, wars declared or not, hostilities, civil disturbances, strikes, riots, thefts, pilferage, epidemics, quarantines, medical or customs regulations, defaults, delays, cancellations or any causes beyond our control, for any loss or damage resulting from improperly issued visas or other documents, and that our or its staff will not be responsible for any additional expenses or liability sustained for or incurred by the tour participant as a result of any of the forgoing clauses.
Travelling In A Different Country
We would ask you to show respect to the many diverse customs of the different places we visit. Please note that living standards and practices, as well as conditions and standards with respect to the provision of utilities, sanitary services and the grading of accommodation that differ with your country standards, may be encountered during your travel for which we can not be held responsible.
Travelling In The Nature
We promote ecotourism activities with natural, cultural and environmental interest. We expect the utmost respect of the natural areas and local lifestyles of the places we visit by the participants. We also respect the code of conduct of the protected areas according with the ICNB (Biodiversity and Nature Conservation Institute) and we expect the same from our clients.
We reserve the right to suspend or cancel an activity if we find that your behavior is in conflict with this philosophy and code of conduct.
Your appointed BeCool Travel Tour Guide may need to make a decision in the interests of safety. It is a condition of bookings that you comply with the authority and decisions of the appointed representative of BeCool Travel. If you do not comply with the said representative and are not compatible with the general enjoyment and well-being of members of the tour, we reserve the right to refuse to allow you to continue the tour. In such a case we will not be liable for any refund, compensation or any additional costs incurred by you. We cannot accept liability for the behavior of others on your tour nor if any facilities are curtailed as a result of their actions.
The routes and exact time on certain interest points are indicative. Our team works flexibly with you, and some of these moments can be extended or shortened. The duration and itinerary of activities are subject to change without previous notice depending on external factors.
It is your responsibility to meet your tour at arranged points. Because of the nature of the service, BeCool Travel will not be liable if any service leaves or arrives later than its specified time, even if as a result you miss a connecting service, BeCool Travel will endeavour to ensure that departure and arrival.