1. Identification of the parties
The parties of these terms and conditions are Bikesul Unipessoal Lda, as the first party, a company incorporated and registered in Portugal with legal person number PT 509 739 512 whose registered office at Rua Candido dos Reis, 62, 8375-105 São Bartolomeu de Messines, represented of any of its duly identified staff members (“us, we, our”) and you, as second party, purchaser of a product or /and hirer of our Equipment, and here and after referred as “the client”.
Bikesul is registered at the Portugal National Tourism Organization, the National Board for Tourism activities:
RNAAT – 361/2015 and RNAVT – 8803
The Contract is between the Company and you (“Bikesul” and “you /client” in these conditions), being any person traveling or intending to travel on a trip operated by us including any person who is added or substituted after booking. We both agree that Portuguese law (and no other) will apply to your contract and to any dispute, claim or other matter of any description /and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Portugal only. No employee of the Company other than the Director has the authority to vary or omit any of these Terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. Booking and Paying Conditions
2.1. To Secure booking, we must receive a payment of the minimum 50% deposit of the total trip price, per person, (or full payment if booking within 40 days of the start of your trip or at an earlier stage for some trip.) A higher deposit might be requested if any supplier(s) requires additional payment at the time of booking /prior to balance due date. The applicable deposit will be confirmed at the time of booking. All Clients (including anyone who is added or substituted later), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following conditions:
2.1.1. They have read and accepted our Booking Conditions and general information pages contained in our brochure and/or on our website.
2.1.2. Clients acknowledge and accept the risks involved in adventure travel.
2.1.3. Clients confirm that they don't suffer from any pre-existing medical condition or disability which may prevent him from actively participating in the trip. If any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking to discuss your requirements.
2.1.4. The person making the booking confirms that he/she is at least 18 years old and has full authority to firm a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware and advised and accept these conditions.
2.1.5. Except for self-guided trips (see below), a booking is accepted and becomes definitive only from the date we issue a confirmation invoice, to you or your authorized travel agent. It is at this point that contract is firmed between parts. Any online query for a booking request it's not a confirmation. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease holiday prices.
2.1.6. Certain documents may need to be sent by e-mail or post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by email if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
2.1.7. Self-guided trips: We may not be able to confirm the costs for all services forming part of your self-guided holiday at the time of booking until your services are confirmed. If some costs cannot be confirmed, we collect the necessary deposit based on the estimated price. Once we have confirmation of all applicable costs, we will issue a confirmation which will show the confirmed price. This price may be higher or lower than the estimated price. It is at this point that our price guarantee will take effect. If, however, an increase between the estimated price and the confirmed price shown on your revised invoice is greater than 10% of the estimated price, you may cancel your holiday and receive a full refund of all monies you have paid us notifying us in writing within 7 days. No compensation will be payable after this period.
2.2. Individual Programs
2.2.1. For Any Tour Lasting more than 1 (one) day a deposit of 50% of the total value must be made at the time of the booking.
2.2.2. Remaining payment is due 45 days prior to departure.
2.2.3. For any tour lasting under 1 (one) full day a deposit of 100% of the total value is required at the time of the tour booking.
2.3. Business Events
2.3.1. A deposit of 50% must be made at booking time. The remaining 50% plus any agreed amendment must be paid 60 days prior to the event.
2.3.2. Included and Not Included Items:
2.3.2.1. The Tour price is per person and includes those items mentioned in the “INCLUDED” section of our website or, in case of a custom proposal, in the included section of the proposal sent to you by email.
2.3.2.2. Any item not mentioned in the included section is not included. Bikesul usually mention “NOT INCLUDED” for relevant items or services we consider important to call your attention to.
2.4. Payment methods:
2.4.1. We do not accept checks.
2.4.2. Payments by bank transfer must be made to our bank account which details are present in the invoice.
2.4.3. Directly at Bikesul store in cash, by credit or debit card
2.4.4. Directly in our official webpage bikesul.pt through the payment gateway.
3. Booking Changes
3.1. A confirmed booking can be changed or transferred, free of charge, to a different trip or date, up to 45 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below.
3.1.2. Changes are subject to availability.
3.1.3 A confirmed booking for any tour lasting under 1 (one) full day can be changed or transferred up to 48h before the tour starts. (Not applicable to Business or Group Events)
3.2. Upon a booking change request the Client can request a credit voucher for the amount paid in respect of any cancelled booking, less any non-refundable charges incurred by us or imposed by our suppliers. This must be redeemed within 12 months of issue against a new booking directly and only on the Bikesul website. No further credit vouchers can be requested against the new booking. No cash refund will be provided if the cost of the new booking is less than the value of the credit voucher. In this case the Client can use the remaining balance for Bikesul equipment renting.
3.3. If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by the client) up to 15 days prior to departure. Any costs or charges incurred by us or any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid.
4. Cancellations and Refunds
4.1. By Bikesul’ Initiative:
Bikesul has the right to cancel a program according to the following circumstances:
4.1.1. Force Majeure: Refunds and compensation payments are not liable in circumstances beyond our control or our supplier’s control. This includes but is not limited to changes due to war, threat of war, acts of terrorism, civil strikes, natural disaster, fire, adverse weather or similar circumstances. If possible, we will supply an alternative program.
4.1.2. Extreme weather conditions that may compromise the security of the program. In this case no refunds and compensation payments are not liable, we will offer an alternative program as close as possible to the original one.
4.1.3. Programs for individual guests with set date and minimum number of participants to given price: if the minimum number of participants is not achieved then you may choose one of the following options:
4.1.3.1. Money refund.
4.1.3.2. Price for an inferior group, to be accepted or not by the client; Alternative program.
4.1.4. Bikesul has the right to change the program or the routes whenever it's necessary for any reason as per example road works, health, safety etc. No refund will apply in these situations.
4.1.5. In the unlikely event that we have to cancel your tour for any reason, we will refund you 100% of the amount paid.
4.2. By Client’s Initiative
4.2.1. Individual package activities - including accommodation and activities.
4.2.1.1. We highly recommend you to make a trip cancellation insurance.
4.2.1.2. Should you be unable to proceed with your tour for any reason you should inform us immediately. Our cancellation and refund policy for all multi-day tours is as follows:
4.2.1.2.1. For cancellations until 56 days before the tour start date, we refund your deposit minus 50 € for handling fees.
4.2.1.2.2. For cancellations between 55 and 42 days before the tour start date, we will keep your deposit, but we will not charge anything else.
4.2.1.2.3. For cancellations between 41 and 21 days before the tour start date, you can choose one of the following options:
4.2.1.2.3.1. 50% refund of the amount paid.
4.2.1.2.3.2. Rebook the tour on another date, subject to availability.
4.2.1.2.3.3. Choose another available tour.
4.2.1.2.4. For cancellations from 20 days before the tour starts there will be no refunds.
4.2.1.2.5. No refunds are available once the tour starts. Including weather or other factors beyond our control.
4.2.1.2.6. Exception: In case of illness of the participant (proven with an official medical report), including Covid-19 or Covid-19 restrictions, the booking can be postponed for other available dates. There are no costs or charges incurred directly by Bikesul, although eventual costs incurred or imposed by any supplier(s), might be applied. Any overdue balance payment must also be paid.
4.2.3. Business Events
4.2.3.1. For cancellations until 56 days before the tour start date we refund your deposit minus 200€ for handling fees.
4.2.3.2. For cancellations between 55 and 42 days before the tour start date, we refund your deposit minus 200€ for handling fees, plus any other expenses associated such as suppliers’ cancellations fees, route check)
4.2.3.3. For cancellations from 20 days before the tour starts there will be no refunds.
4.2.3.4. No refunds are available once the tour starts. Including weather or other factors beyond our control.
4.2.3.4.5. Cancellation policies can be negotiated before booking but never after booking confirmation.
According to Portugal decree law n. º 24/2014, from February 14th applicable to contracts concluded at a distance, has the right to freely terminate a contract, without indicating a reason, within 14 calendar days from the date of conclusion of the same or the date of payment for a purchased tour, as long as respected the set out in the previous description on point 1.
Consumer information
According to Portugal decree law 18.º law n. º 144/2015, in the event of a dispute, the consumer may appeal to an Alternative Dispute Resolution Entity:
CIMAAL – Algarve Consumer Dispute Information, Mediation and Arbitration Center. All counties from Faro District.
Address: Ninho de Empresas, Edifício ANJE, Estrada da Penha, 3º andar, sala 26, 8000 Faro;
Tel. 289823135
E-mail: cimaal@mail.telepac.pt
Website: http://www.consumidoronline.pt
5. Risks and Liabilities
5.1. The tour difficulty level is explained in each tour description. If you have any doubts, please contact us.
Your booking is accepted on the following conditions:
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You will inform us of any medical condition that may be affected by or affect the activity.
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You understand and accept the risks associated with bicycle, canoeing, walking or jeep travel (depending on the tour you chose)
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You are fit and medically able to undertake the activity you booked.
6. Warranties, Insurances, and liabilities
6.1. Bikesul Unipessoal Lda is fully insured according to the Portuguese law in force for its activity. This means that those participating in our programs are covered by insurances as described below:
6.1.1. Personal Accident insurance policy – 01694118
6.1.1.1. This insurance is nominal which means we need to know each participant's full name, DOB and ID card/passport before the starting date.
6.1.1.2. Coverage per accident:
Medical treatment: Limited to 3,500.00€
Death or Permanent Disability: Limited to 20,000.00€
6.1.2. Civil liability insurance policy – 01694118
6.1.2.1. Civil liability insurance covers damages caused to third parties or clients and that occurs because of the activity and of our responsibility.
6.1.2.2. Limits:
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3,500.00€ per incident/year as Tourism entertainment
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50,000.00€ per incident/year as Tour operator.
7. Responsibilities
7.1. Bikesul accepts no liability for illness/injury suffered by you or loss/damage to your property during the holiday save that is covered by its insurances.
7.2. Travel insurance not included, should be arranged by you at the time of booking.
7.3. Trip cancellation insurance is not included in the tour price but is strongly recommended. This will protect you should you need to cancel for unpredictable reasons such as illness and should provide for your air and tour refunds in full. Additional insurance for baggage, health/accident is also strongly recommended.
7.4. Our programs are run by experienced guides. We have emergency plans and procedures for all activities.
Procedure: In case of an accident, you or a member of our team will call the Emergency service. Transport costs to the hospital are your responsibility. If the emergency service considers an ambulance is not necessary, you must pay for a taxi and this might not be refunded by the insurance company. Hospital bills must be paid by you. We will file a report to the insurance company. The insurance company will then decide the amount to be refunded.
8. Available emergency means
8.1. Portugal has a national emergency system that can be used anywhere in the country through the number 112. Free of charge.
8.2. Human resources: all Tour leaders have a 1st aid certificate.
8.3. Material resources: in all our programs, we have a basic 1st aid kit and mobile phones. We may also use our bikes or cars as emergency means.
9. Trip participation and client responsibility
9.1. You agree to accept the authority and decisions of our employees, Bikesul Tour Leaders, and agents whilst on trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense. When you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion.
9.2. In case of illness, Bikesul will look for possible solutions in order to make your return. We will also try to recover, when possible, costs for unused services.
9.3. If you commit an illegal act (including, for example, causing any damage) you may be excluded from the trip, and we shall cease to have responsibility to/for you as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. The Client will also be responsible for meeting any claims subsequently made against Bikesul and all costs incurred by us (including our own and the other party’s full legal costs) as a result of his actions.
9.4. The Client should ensure to have appropriate travel insurance to protect you if any of the previous situations arises.
9.5. If you have any medical condition or disability which may affect your active participation on the tour of any other person, or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before confirming your booking so that we can assist you regarding the suitability of the proposed tour. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your trip, or the trip arrangements of any other person develops after your booking has been confirmed.
10. Itinerary changes
10.1. We reserve the right to make changes to your itinerary. Should this be necessary we will do our utmost to ensure that any changes do not substantially alter the nature, structure durability and quality of the tour.
11. Routes
11.1. We cannot guarantee the condition or accessibility of routes, since they follow public roads that are subject to road works, diversions, landslides etc.
12. Support Car (Guided or Supported / Assisted Tours)
12.1. Depending on the Tour booked the support car might not always ride with the group. It will be sometimes at a reasonable distance from the group in order to be able to reach it in a maximum of 60 minutes in case of need. The support car also does other services like setting up water and feed assistance points, preparing light snacks or doing shopping for the day.
13. Photographs, Videos and personal data
13.1. Upon a Booking confirmation, Client agrees that Bikesul is entitled to use the photographs taken during the activities for promoting and marketing purposes for our tours only. No images shall be used when the image of a person is equal to or larger than 50% of the photograph size.
13.2. All personal data collected by BIKESUL are provided voluntarily and will not be transmitted to third parties, unless authorized by the customer for that purpose, or in cases expressly mentioned in the contract.
14. Queries and Complaints
14.1. We will respond to your tour queries by email or telephone within 48 hours. Absence of reply may mean that we haven’t received your query. Please resubmit.
14.2. If you have a problem during your tour, you should talk to your guide or phone Bikesul, and we will do our utmost to resolve the matter promptly.
14.3. Our first goal is to serve you well. Whenever you have a complaint, please try to inform us in time to solve it during your trip. Otherwise, you should notify us in writing with the details of your complaint within 30 days of your tour finish date.
14.4. According to legislation, we do have a Complaint book. We also have a Compliment’s book.