Terms and Conditions - Agency
1. Purpose and Organization
1.1. These Terms and Conditions are intended to regulate the provision of travel services organized by Capture Atlas, with taxpayer number 244533822, headquartered at Rua Maria Augusta Botelho Nº4, 2640-534 Mafra, duly licensed by Turismo de Portugal, in accordance with RNAVT [●], in conformity with the provisions of Decree-Law No. 17/2018, which regulates the activity of travel and tourism agencies.
1.2. Andreia Costa, as a consultant and travel agency, acts on behalf of customers to make reservations with service providers, including carriers, accommodation, and other tourist services. Capture Atlas, a brand owned by Andreia Costa, shall under no circumstances be liable for any damage, loss, bodily injury, or any other type of loss arising from services provided by third parties, in accordance with the provisions established by law.
1.3. These Terms and Conditions apply to all clients, whether residents or not, who use the services of the Capture Atlas travel agency, fully respecting the rights granted to consumers by current Portuguese legislation.
1.4. By entering into a contract with the Capture Atlas agency, the customer declares that they unconditionally accept these Terms and Conditions, binding themselves to the obligations stipulated herein and assuming the responsibilities arising from their acceptance.
2. Capture Atlas's liability
2.1. Under the provisions of Decree-Law No. 17/2018, Capture Atlas ensures its civil liability to customers through an insurance policy with AGEAS Portugal - Companhia de Seguros, which protects against possible contractual breaches arising from its activity.
2.2. In addition, Capture Atlas customers are protected by the Travel and Tourism Guarantee Fund of Turismo de Portugal.
3. Booking Process
3.1. A customer's registration for a trip will be considered valid upon strict compliance with the following requirements:
(i) completing the booking form available on the website www.andreia-costa.com;
(ii)payment of a deposit or the total amount of the trip within a maximum of 5 days from the date of registration; and
(iii) confirmation of the reservation by Capture Atlas through written communication, preferably via email.
3.2. If payment for the reservation is not made by the indicated date, Capture Atlas will assume that the customer has canceled their reservation, without penalty to either party.
3.3. The completion of these steps grants Capture Atlas authorization to make the proposed reservations on behalf of the customer with the tourism service providers according to the agreed plan.
4. Prices and Payments
4.1. The final price presented to the customer by Capture Atlas includes the consulting services provided. However, the total cost of the trip may be revised due to variations in transportation, accommodation, food, complementary activities, exchange rates, insurance, and current legal provisions.
4.2 Whenever, for reasons beyond Capture Atlas' control, there is a change in the price of the trip, the Customer will be immediately informed. If the increase is greater than 8% of the trip price, the customer is invited to accept the necessary increase or cancel their registration within 8 days. Failure to respond will be considered as acceptance of the amendment to the proposal.
4.3 If the registration is made more than 90 days before the start of the trip, it will be necessary to comply with this deadline to complete the total payment of the reservation. If the registration is made less than 90 days before the start of the trip, payment must be made in full at the time of reservation, otherwise participation cannot be guaranteed.
5. Cancellations, Refunds, and Complaints
5.1 The traveler may cancel their trip at any time prior to its commencement, but if they cancel the trip up to 90 days prior to the start date of the travel program, they will lose 30% of the program value, which was paid by the customer to Capture Atlas as a non-refundable deposit.
5.2 If this cancellation occurs 90 days or less before the start date of the program, the customer will lose the total value of the travel program. The customer will also lose the value of any additional services that they have requested.
5.3 The customer will not be entitled to any refund, under the terms described above, even if they have canceled because they are unable to travel for health or accident reasons. They will also not be entitled to any refund if they wish to cancel because they do not have a certificate for any vaccine required by the destination country, even if not informed by Capture Atlas.
5.4 The customer may transfer their registration to another person who meets all the conditions required for the trip, provided that they inform Capture Atlas in writing at least 10 days before the start date of the trip and that such transfer is possible with the various service providers involved in the trip. The new person's registration may interfere with accommodation and transportation, and may be subject to possible limitations and extra payments.
5.5 Once the trip has begun, no refund will be due to the customer for not using services or programs due to force majeure or for reasons attributable to the customer, even if due to negligence.
5.6 Complaints will only be considered if submitted in writing to Capture Atlas, where the trip was booked and paid for, within 20 days of the end of the trip. In accordance with the European Union Council Directive, complaints can only be accepted if they have been reported to the service providers (hotels, restaurants, guides, local agents, etc.) during the course of the trip, requiring them to provide the respective documents proving the occurrence.
5.7 Any dispute arising from this service agreement shall be settled by the Judicial Court of the District of Lisbon, with express waiver of any other, and for all matters not regulated by these Terms and Conditions of Participation, Portuguese law shall apply.
6. Documentation
6.1 The customer is responsible for all personal or family documentation (identity card, citizen card, passport, military documentation, authorization for minors, visas, vaccination certificates, and any other documentation that may be required) necessary for the trip. Capture Atlas declines any responsibility for the refusal to grant visas or the non-permission of entry to the Customer in a foreign country; in these cases, the conditions established in the previous clause referring to "Withdrawals, Refunds, and Complaints" apply, and the customer is also responsible for any and all costs that such a situation may entail.
7. Use of Customer Information
7.1 The customer gives their express consent for all information, including personal data, provided in relation to their trip to be transmitted to government authorities for the purposes of border control and security in air travel or other means of transport.
7.2 The customer expressly consents to all information, including personal data, provided in relation to their trip being transmitted to Capture Atlas' local partners in order to carry out the travel program, including tastes, food preferences, private health information, or others.
7.3 Capture Atlas will make the necessary contact with the customer to ensure the smooth running of the service.
8. Image
8.1 Capture Atlas occasionally produces photo/video content during trips for use as promotional material. Capture Atlas assumes the consent of trip participants, unless they indicate that they do not allow it.
9. Cancellation or Change by Capture Atlas Agency
9.1. Capture Atlas reserves the right to cancel an organized trip if the minimum number of participants established in the trip summary is not reached, communicating this cancellation in writing to the customer with the minimum legal notice, in accordance with Article 27(2) of Decree-Law No. 17/2018, before the scheduled start date of the trip. The total amount paid will be refunded to the customer, excluding amounts relating to services purchased directly by the customer from third parties.
9.2. Capture Atlas also reserves the right to modify or cancel reservations due to operational requirements or circumstances beyond its control, acting in accordance with the applicable legal provisions.
9.3. In situations controllable by Capture Atlas, any change or cancellation will be communicated to the customer with the minimum legal notice, in accordance with Article 27(2) of DL No. 17/2018, before the scheduled start date of the trip, except in cases of force majeure, where this period may be adjusted according to the nature of the impediment.
9.4. If Capture Atlas is forced to change or cancel the trip due to force majeure events, such as, but not limited to, war, political instability, terrorism, or natural disasters, the customer will be reimbursed for the cost of the trip, however, non-recoverable costs incurred in reservations or pre-reservations already made will be charged, in strict compliance with the applicable legal regime.
9.5. Capture Atlas assumes no responsibility for any additional expenses or losses that may be caused by cancellations or changes in dates that impact the customer's travel plans, in accordance with the relevant legislation.
9.6 Whenever there are justifiable reasons, Capture Atlas may change the order of the itineraries, modify departure times, or replace any of the planned hotels with others of a similar category and location, and shall inform the customer of such changes as soon as it becomes aware of them.
10. Travel Details and Conditions
10.1. The travel proposal presented by Capture Atlas to the customer is prepared based on the information available to the company at the time of its preparation, and cannot guarantee the absolute confirmation of the services designated in the proposal, since these services may be provided by third parties over which Capture Atlas has no direct control.
10.2. Capture Atlas is committed to offering the customer a high-quality travel experience, based on its own experience and detailed research. The information obtained through the Contact Form and subsequent communications will be used to adjust the travel details to the customer's expectations and needs, in full compliance with the relevant legal obligations.
10.3 The Customer is responsible for any costs incurred as a result of damage or extra cleaning fees related to their accommodation. Capture Atlas recommends immediately reporting any pre-existing damage in the room to the accommodation staff and/or the responsible leader.
10.4 When the Customer occupies a seat in a vehicle equipped with a seat belt, the service providers or operators, agents, or collaborating organizations cannot be held responsible for any illness, injury, death, or any loss, damage, fines, or claims resulting from any accident or incident if the seat belt is not being used.
10.5 Any behavior on the part of the Customer that threatens safety, well-being, or inappropriate behavior, whether verbal or physical, may result in the immediate cancellation of their trip. In this case, the Customer is responsible for their own repatriation and related costs.
11. Flights
11.1 Flights are the sole responsibility of the customer, as Capture Atlas does not make reservations or purchase flights. However, it is hereby stated that Andreia Costa has no responsibility for the purchase of flights and is not liable for them if the tour is ultimately canceled.
12. Minimum number of participants and cancellation of the program by the Agency
12.1 The travel program will set the minimum number of participants on a case-by-case basis. If the minimum number of participants is not reached, the Agency may cancel the trip and will inform the customer in writing of the cancellation up to 30 days before the departure date, as stated in the clause "Cancellation or Change by the Capture Atlas Agency."
13. Meeting place and start of trips
13.1 The meeting place for the Customer, their companion(s) on each trip with the guide or trip leader and the other participants will be indicated in each travel program. The specific location will be communicated to the Customer in a timely manner before the start of the trip.
13.2 The Customer is responsible for air travel or any other means of transportation that takes them to the start of the trip, these trips being purchased independently by the Customer by other means. In any case, it is the Customer's responsibility to be at the meeting point at the time indicated for the start of the trip.
14. Insurance
14.1 The Customer undertakes to purchase travel insurance. The insurance must be adjusted to the duration of their trip, destination, and type of activities. By not taking out travel insurance or purchasing inadequate travel insurance, the Customer automatically exempts Capture Atlas and all its service provider partners from any and all liability for the risks and consequent costs incurred by the Customer for not having taken out the recommended protection.
15. Luggage
15.1 Capture Atlas is not responsible, under any circumstances, for the luggage and other belongings that the Customer and their companions carry with them, regardless of the location or means of transportation used. The Customer is advised to purchase luggage insurance and to be present during the loading and unloading of their luggage.
15.2 In the event of theft, damage, or destruction of luggage, the Customer and their companions must immediately file a written complaint with the service provider and/or entity in whose custody the luggage was deposited, keeping a copy of the complaint. Andreia Costa's liability can only be invoked upon presentation of proof of complaint as provided for in the previous paragraph.
16. Language spoken during trips
16.1 With rare exceptions, Capture Atlas trips are conducted with groups consisting solely of
Portuguese clients or non-Portuguese clients who reside in Portugal, speak Portuguese, and are culturally integrated into Portuguese society. It should be noted, however, that many tour guides/local guides only speak English, so it is important that travelers understand this language.
17. Management of funds received from customers
17.1. The amounts received from customers, whether as a deposit or as part of the total cost of the reservation, will be managed in accordance with the company's operational requirements and used in the manner that Capture Atlas deems most appropriate for the performance of the contracted services.
17.2. This management must be carried out in accordance with the legal regime in force, ensuring that the funds are used to fulfill the obligations assumed in relation to the customer.
18. Accommodation
18.1 Capture Atlas provides double rooms as accommodation for its trips. In some cases, accommodation may be in triple rooms. The Customer will always be informed through the trip program available on the website.
18.2 Room occupancy will be determined by Capture Atlas according to the order of registration and divided by people of the same sex. If single rooms are available, they will be occupied giving priority to the order of registration of participants.
Note
These Terms and Conditions are supplemented by the travel program in which the Customer and their companions register, which constitutes the specific conditions for participation in the trip. They may also be supplemented by any other specific conditions sent to the Customer at the time of registration or any others, provided they are duly agreed upon by the parties.