Terms and Conditions

1. Introduction

When using or visiting the website hosted at www.douroxperience.com (“Site”) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (together,“Contents”), resources and services, including newsletter (together, including the Contents, the “Services”) made available through it, you are, as a user or visitor (“User”), agreeing and accepting (i ) these Terms and Conditions (“Terms and Conditions”) and (ii) the privacy and personal data protection policy available in the Privacy Policy page.

The Site is owned by Bartilotti Familia Lda, NIF 514908750, based in Rua Santa Catarina, N.º 36, 3.º 4000-441, Porto, registered in the Oporto Commercial Registry, hereinafter referred to as DouroXperience.

Our website is: https://www.douroxperience.com

You may contact us by:

Email: info@douroxperience.com
Phone: +351 91 726 1485

Through the Site, DouroXperience gives the User access to the Services. The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms.

2.  General user obligations and liability

DouroXperience reserves the right to change these Terms and Conditions at any time, by placing changes online on the Site, being the exclusive responsibility of the User to verify and comply with them during each use. Usage of the Site after the changes are posted constitutes acceptance of the updated Terms and Conditions. If the User does not agree with the changes or, in general, with the Terms and Conditions, he /she should immediately stop using the Site and the Services.

By accessing, using and downloading materials from the Site, the User agrees, on his behalf and / or on behalf of the entity on behalf of whoever is acting, to timely comply with the provisions of these Terms and Conditions, ensuring that he has the power to act on behalf of the third party the User represents, if that is the case.

Access to the Services is expressly prohibited by any means other than through the interface provided by DouroXperience, as well as access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or web crawlers).

It is expressly prohibited to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to DouroXperience’s image on the market. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.

The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate it or advise third parties to do so.

Site access

Access to the Site is free, except with regard to the cost of connection through the telecommunications network provided by the service provider contracted by the Client.

In order to be able to access certain Services, the User may be asked to provide some personal data (such as identification and contact details). The User must provide a valid email address that he / she has the right to legitimately access, as well as any other information necessary to complete the purchase process. The information provided must be updated, complete and accurate.

The User is solely responsible for any emergent damages or lost profits caused by his / her unlawful conduct when using the Site and the Services and for the Content made available on the Site.

3.  DouroXperience’s rights and obligations

DouroXperience reserves the right to (i) modify, add or remove parts of the Terms and Conditions at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms and Conditions; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, partially or totally. These changes will take effect as of their placement on the Site or the date of sending any communications.

DouroXperience is committed to providing technical support to the User with a User Account, which is only available via email.

4.  Intellectual property and personality rights

Ownership

All information contained on the Site and Services and all data and information compiled by DouroXperience associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which the User has access as part of the Services by using them are considered DouroXperience or third party content when properly identified. The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the referred contents (partially or totally), unless expressly authorized in writing by the DouroXperience or by third party that holds the intellectual property and personality rights.

The User acknowledges and agrees that DouroXperience retains all intellectual property rights (whether those rights are registered or not and in any part of the world where those rights may exist) relating to the Services. DouroXperience retains all rights not expressly granted to the User in these Terms and Conditions.

The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.

Brands and related

Unless expressly authorized by DouroXperience to do so, nothing in the Terms and Conditions gives the User the right to use any of the registered trademarks, commercial brands, service marks, logos, domain names and other brand features distinctive features of DouroXperience.

Software

DouroXperience grants the User a personal, worldwide, free, non-transferable and non-exclusive license to use the purchase interface on the Site as part of the Services provided (“Software”). This license has the sole purpose of allowing the usage of the purchase service as it is made available on the Site, as permitted by the Terms and Conditions.

The User is not allowed (nor can he / she allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by the applicable legislation or the User has been specifically authorized in writing by DouroXperience to do so. Unless DouroXperience has granted the User a specific written authorization to do so, he / she cannot assign (or assign a sub-license to) its rights to use the Software, grant a guarantee regarding its rights to use of the Software or, alternatively, transfer any part of your rights to use the Software.

5.  Exclusion of guarantees

To the extent permitted by applicable law, the services are provided “as is” and “as available” and DouroXperience does not provide any type of guarantee in relation to them. In particular, DouroXperience does not guarantee to the User that (i) the use of the services meets his / her needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, safe or free from errors; (iii) any information obtained, resulting from the use of the services, is accurate or reliable; and (iv) that defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.

No conditions, warranties or other terms (including any implied terms with respect to satisfactory quality, fitness for purpose or compliance with the description) apply to the services, except to the extent that they are expressly defined in the Terms and Conditions.

The use, by the User, of the website, of the services, as well as of any materials downloaded or otherwise obtained through the use of the services is done at his / her sole risk, being solely responsible for any emergent damages and lost profits caused to the equipment where he / she uses or views the Site, services and materials available there.

Nothing in the Terms and Conditions shall affect the rights provided for by the applicable legislation to which the User is always entitled as a consumer, if in that capacity he / she intervenes and relates to DouroXperience, and which, contractually, cannot agree to change or waive.

No recommendation or information, oral or written, from DouroXperience should be interpreted as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.

To facilitate user accessibility, DouroXperience may include links to websites on the internet that are owned or operated by third parties. When using the links to these third party sites, the User must review and accept the rules of that site before using it. The user must also accept that DouroXperience does not control the content of that website and cannot assume any responsibility for the materials created or published by these third party websites. In addition, a link to a non-DouroXperience website does not mean that it supports the website or the products and services referenced there.

6.  Limitation of liability

To the extent permitted by applicable law, DouroXperience assumes no liability to the User for any resulting damages from:

1. a) any judgment by the user related to the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is shown on the services or in the DouroXperience newsletter;
2. b) any changes that DouroXperience may make to the services or any permanent or temporary cessation of the provision of services (or any functionalities of the services);
3. c) the elimination, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services;
4. d) the direct or indirect violation of the Terms and Conditions;

DouroXperience’s liability for compensation for any emergent damages and loss of profits related to the website and services, caused by DouroXperience, its representatives or helpers is limited to cases in which it acts with intent or serious fault. If you disagree, partially or totally, with the website or services, or with the terms and conditions, you only have the option to stop using the website or services, as applicable, and to demand the cancellation of your user account.

7.  Privacy policy

The Privacy Policy is available at [https://www.douroxperience.com/privacy-policy]. The document contains an explanation of the procedures adopted by DouroXperience and by third parties that provide services through the Site, within the scope the treatment of personal data of its Users and the protection of their privacy when using the Site and the Services. You accept that DouroXperience collects and processes your personal data in accordance with the Privacy Policy.

8.  General provisions

Prevalence

In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Site relating to certain materials, these must prevail.

Exercise of rights

The non-exercise or non-immediate application of rights or provisions by DouroXperience, provided for in the Terms and Conditions, should not be interpreted as a waiver of them.

Completness

The Terms and Conditions constitute the entire agreement between the User and DouroXperience regarding the use and consultation by the User of the Site and Services, and regulate the use of these (excluding any Services that may be provided by DouroXperience within the scope of a separate written contract), completely replacing any previous agreements between the User and DouroXperience in relation to the Site and the Services.

Reduction

The invalidity, declared by a final judicial or arbitration award, of some provision of the Terms and Conditions does not determine the invalidity of the others, reserving DouroXperience the right, if necessary, to modify the Terms and Conditions accordingly to supply the invalidity.

Notifications / Communications / Complaints

Any notifications and communications from DouroXperience to the User under the Terms and Conditions should preferably be made to the email address or address provided by the User in his / her User Account, without prejudice to DouroXperience being able to use other contact elements and forms.

Any notifications, communications and complaints from the User should be made, preferably, to the email [info@douroxperience.com].

Complaints must be submitted within a maximum period of 30 (thirty) days, counted from the Client’s knowledge of the facts, being recorded in DouroXperience’s information systems, which must decide the complaint and notify the interested party within a maximum period of 30 (thirty) days from the date of receipt.

9.  Applicable law and jurisdiction

The Terms and Conditions, as well as the User’s relationship with DouroXperience in accordance therewith, are governed by the applicable laws of the Republic of Portugal. The User and DouroXperience agree to submit to the exclusive jurisdiction of the judicial courts of the Oporto District the resolution of any legal issues resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, DouroXperience may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.

General purchasing conditions

1.  Scope

1.1. The present general conditions (“General Conditions”) govern and are an integral part of the service provision agreement entered into through the website www.douroxperience.com (“Site”) between Bartilotti Familia Lda, NIF 514908750, based in Rua Santa Catarina, N.º 36, 3.º 4000-441, Porto, registered in the Oporto Commercial Registry, hereinafter reffered to as DouroXperience, and the client who signs the contract (“Client”), whose object aims to provide the purchase of services marketed by DouroXperience (“Contract”).

1.2. The execution of the Contract, which takes place after the confirmation of the purchase through the Site, is made under the terms of these General Conditions, whose knowledge and acceptance by the Client are manifested through the validation of a checkbox for the purpose in the purchase form, and of the Client’s knowledge and acceptance of the Website Terms and Conditions and respective Privacy Policy.

2.  Purchase

2.1. The procedure for purchasing services through the Site is as follows:

2.1.1. Start the process by clicking on “Book Now” that appears next to each service.

2.1.2. Choose the number of persons (minimum 2 – maximun 10) and click on “Continue”.

2.1.3. Choose a schedule and click on “Continue”.

2.1.4. The Customer must enter his personal data (Name, Phone and Email adress) and click on “Continue”.

2.1.5. The Customer must select one of the payment methods provided by DouroXperience:

• Credit Cards: Visa, MasterCard;
• MB WAY;
• Multibanco;

2.1.6. Finally, the Customer must click on “Place order” and will receive confirmation of acceptance of his order through a message on the screen and an email at the address he has previously provided.

2.2. With the confirmation of the purchase data by the Customer, a code is assigned to this code that must be referenced in all contacts with DouroXperience, acquiring the Customer the right to the services contracted with DouroXperience, under the terms and conditions described in the respective proof of booking and in the Contract, after payment under section 6.

2.3. The Customer assumes the responsibility of entering, correctly and reliably, the service delivery data, and DouroXperience will have no responsibility in the event that delivery cannot be made due to inaccuracy or incorrect data.

2.4. The order description is the one in the technical description of the service. Any discrepancy between the service purchased by the consumer and the one published on the platform will be the responsibility of DouroXperience.

2.5. DouroXperience offers the Customer a service to purchase products for consumption, both for individuals and companies. DouroXperience does not authorize the resale of these purchases, nor does it provide documentation for this, and the Customer is fully responsible for these actions, DouroXperience being exempt from any responsibility in the case of resale of these products. If users are legal persons, consumer legislation will not apply to them and, in an illustrative but not limiting way, rights such as the right of withdrawal will not apply.

2.6. Children under twelve years old are forbidden and teenagers from twelve  to eighteen years old must be accompanied by an adult.

2.7. At DouroXperience we do our best to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any food allergies or dietary restrictions. Also you must be in both physically and health good conditions.

3.  Prices

3.1. Prices shown on Site are per person and indicated in euro currency.

3.2. Prices are subject to change until the booking has been confirmed.

3.3. Prices do not Include (unless stated otherwise) – discretionary gratuities to the guide, driver or tour manager, extra food and beverages.

4.  Taxes

Unless explicitly stated otherwise, the price of the service includes taxes legally due (namely, Value Added Tax), which will be charged by DouroXperience to the Client at the legal rate in force, depending on contracted services.

5.  Fees

5.1. The making of purchases, changes to them and cancellations may be subject to the payment of fees charged by DouroXperience to the Client, calculated according to the type of purchase, the date of the purchase (or the respective change or cancellation) and the applicable tariff, disclose when the purchase is made by the Client.

5.2. The fees owed by the Client to DouroXperience are non-refundable even if he / she does not use or enjoy the contracted goods and / or services, as well as for any other reason not attributable to DouroXperience, unless the Client cancels the purchase under the terms described in the General Conditions.

6.  Payment

6.1. The Customer will be able to pay for purchases made through the means that DouroXperience makes available on its Website, as referred to in the section of the purchase process. In any case, these will always be systems that guarantee a secure payment.

6.2. DouroXperience reserves the right to use electronic means of payment from third parties and / or financial institutions to manage payments made by the Client through the Site, in collaboration with the providers of means of payment.

6.3. DouroXperience does not have access to bank details linked to the Client’s means of payment and does not know or record these details during the payment transaction.

6.4. DouroXperience reserves the right to reject or cancel, after notifying the Customer, with total discretion, the orders in which they may be found (i) inaccuracies or notorious errors in the service, (ii) inaccuracies or manifest errors in pricing through the Site or (iii) any suspicion of fraud or that false, incomplete or inaccurate important data has been provided by the Customer.

6.5. DouroXperience reserves the right to request a copy, by fax or e-mail, of the card used in the purchase and of the identity document, bank statement, national identity document, passport or documentation equivalent to the Customer’s national identity document, for confirm the accuracy of the data provided.

6.6. The Client expressly authorizes DouroXperience, in the case of requesting an invoice for the purchased products, to issue it in electronic format.

6.7. Full payment is required at the time of booking.

7.  Impossibility of compliance

7.1. Orders can be canceled free of charge at any time before the start of the tour service.

7.2. The Customer will be able to freely resolve the purchase and sale contract, without giving reasons, within fourteen (14) calendar days following the date of the order.

7.3. In order to exercise his right of free resolution, the Client must communicate it to the email address info@douroxperience.com, mentioning, for identification and management purposes, the email used for the purchase and the order number. DouroXperience will respond to the Client, specifying the necessary instructions for exercising the right of withdrawal.

7.4. DouroXperience, in case of free resolution of the order, will refund the total amount of the order, discounting the collection expenses, which will usually be managed by DouroXperience, using the same payment method used by the Customer for the purchase of the product, within maximum of fourteen (14) calendar days from the date of withdrawal.

7.5. When, for facts not attributable to it, DouroXperience cannot fulfill obligations resulting from the Contract, it must immediately notify the Client of this impossibility. If the impossibility respects any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any variation in price. The Client must inform DouroXperience of his / her decision within 4 working days after receiving the notification from DouroXperience.

8.  Responsibility

8.1. All services sold on the Site are in compliance with the Portuguese law.

8.2. The Site has adequate security levels, however DouroXperience will not be responsible for any losses suffered by the Client and / or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely , any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from downloading (“download”) through the infected or containing files service viruses or other properties that could affect your equipment. If for any reason of error in accessing the Site it is impossible to provide the service, DouroXperience will not be responsible for any losses.

8.3. The consultations of data and information carried out within the scope of this Service are deemed to have been carried out by the Client, and DouroXperience declines any responsibility arising from the abusive or fraudulent use of the information obtained.

8.4. DouroXperience will not be responsible for any losses or damages caused by abusive uses of the Service that are not directly attributable to it as intent or serious fault.

8.5. DouroXperience is not responsible for the damages or damages resulting from the non-fulfillment or defective fulfillment of the Service when this is not directly or indirectly attributable as an intent or serious fault, and is not responsible for:

(i) errors, omissions or other inaccuracies relating to the information made available through the Service;

(ii) damages caused by the fault of the Client or third parties, including violations of intellectual property;

(iii) for non-compliance or defective compliance that results from compliance with judicial decisions or administrative authorities or

(iv) for non-compliance or defective compliance that results from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside DouroXperience and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by DouroXperience that prevent or hinder the fulfillment of the assumed obligations.

8.6. DouroXperience does not guarantee that: the Service is provided uninterruptedly, is safe, without errors or works in an infinite way; the quality of any product, service, information or any other material purchased or obtained through the Service fulfills any expectations of the Customer in relation to it; any material obtained in any way through the use of the Service is used at the Client’s own risk and risk, the latter being solely responsible for any damage caused to his computer system and equipment or for any loss of data resulting from that operation. No advice or information, whether oral or written, obtained by the Customer from or through the Service will create any warranty that is not expressed in these General Conditions.

8.7. The Client accepts that DouroXperience cannot in any way be held responsible for any damage, including, but not limited to, damage due to loss of profits, data, content, or any other losses (even if previously notified by the User about the possibility the occurrence of such damages), resulting from: the use or inability to use the Service; the difficulty of obtaining any substitute for goods / services; unauthorized access or modification to personal databases.

8.8. The Customer reports to DouroXperience under the terms of the law.

9.  Personal data

When filling in the booking form, the Client will be asked for certain data that can identify him / her (“Personal Data”), which will be collected and processed in strict compliance with the law and in accordance with the provisions of the Site’s Privacy Policy.

10.  Tour information

10.1. We may, at our discretion, require any person to withdraw from any tour, if we deem their acts or conduct offensive, or a nuisance to other guests, and we shall have no further liability.

10.2. We reserve the right to cancel any tours due to unforeseeable partners shutting down or adverse conditions. We also reserve the right to alter at any time any price, place visited, or itinerary owing to unforeseen circumstances. Every endeavor will be made to advise guests in advance of any alterations that are deemed necessary.

10.3. In the case of an event not being carried for any cause whatsoever, no liability will be accepted by the operators beyond the refund of the fares.

10.4. Should the guest fail to arrive or arrive late at the starting point or during the tour, the tour shall not be delayed in order to wait for the client and then no liability can be accepted.

11.  Assurance policy

11.1. We have an assurance contract with Mutua dos Pescadores company that includes: personal assistance insurance, personal accident insurance, liability insurance.

12.  Alternative Dispute Resolution

In the event of a consumer dispute, the consumer can use the European Online Dispute Resolution Platform, available at https://ec.europa.eu/consumers/odr/main/ or the following alternative consumer dispute resolution entities:

1. CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
   Tel.: 213 847 484; E-mail: cniacc@unl.pt
2. CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
   Tel.: 289 823 135; E-mail: cimaal@mail.telepac.pt
3. Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
   Tel.: 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com
4. Centro de Arbitragem de Conflitos de Consumo de Lisboa
   Tel.: 218 807 000 / 218807030. E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
5. Centro de Informação de Consumo e Arbitragem do Porto
   Tel.: 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt
6. Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
   Tel.: 253 422 410; E-mail: triave@gmail.com
7. Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
   Tel.: 253 617 604; E-mail: geral@ciab.pt
8. Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira
   Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal; E-mail: centroarbitragem.sras@gov-madeira.pt