Terms and Conditions of
bestbenagiltours.com & portimaoboattours.com

operated by Algarvornia Marketing and Advertising

Introduction and Scope of Services
Updated: May 15th, 2024

Bestbenagiltours & Portimaoboattrips, based in Estômbar, Portugal, operates a website under www.bestbenagiltours.com and www.portimaoboattrips.com (including its social media channels and mobile applications, jointly the “Platform”) where Tour Operators (“Operators”) can offer, promote, market and sell package tours within the meaning of Directive (EU) 2015/2302 to users and registered users of the Platform (the “Traveler” or “you”). Travelers can also use the Platform to evaluate and compare Operators and their tours, participate in competitions, write reviews and enjoy other related offers (together “Bestbenagiltours & Portimaoboattrips Services”).

These terms and conditions apply to all Bestbenagiltours & Portimaoboattrips Services and govern the rights and obligations arising out of the Traveler’s use of the Platform.

• If you have your place of residence or business in the European Economic Area (“EEA”) or the United Kingdom, your use of the Platform is subject to these Terms of Use for European Users.
• For Travelers with a place of residence or business in Australia, the use of the Platform is subject to the Australian Terms of Use.
• For Travelers with a place of residence or business in Canada, the use of the Platform is subject to the Canadian Terms of Use.
• For Travelers with a place of residence or business in all other jurisdictions, the license agreement with Bestbenagiltours & Portimaoboattrips is subject to the US Terms of Use.

By accessing, browsing or using the Platform, you agree to be bound by these terms and conditions. Please read these terms and conditions and our policy and privacy section.

A) Terms of Use of the Platform

1. Bestbenagiltours & Portimaoboattrips operates the Platform on which Operators can offer and market travel services such as multi day tours, cruises, adventure trips, luxury travels and other travel activities (individually or jointly “Travel Adventures”)

2. The Bestbenagiltours & Portimaoboattrips Services can solely be booked by persons who are aged 18 years or older. Any access to or use of the Platform by anyone under 18 years is expressly prohibited. By accessing or using the Services and the Platform you guarantee that you are 18 years or older.

3. If you are acting on behalf of a company or another legal entity you guarantee that you are legally entitled to accept these terms and conditions in their name.

Prohibited Conduct

4. Bestbenagiltours & Portimaoboattrips Services are only available for private, non-commercial use. It is not allowed to sell, re-sell, re-use or commercially use content, information, software, products or services available on our Platform.
5. Further, it is prohibited to:
◦ Use bots, crawlers, scrapers or other automated means (besides authorized use of our API) to access or interact with the Platform or generally collect data or content not in connection with your booking.
◦ Circumvent established security or technological barriers in place to protect the Platform and it’s content.
◦ Decrypt, decompile, reverse engineer or copy the website and Platform.
◦ Otherwise compromise or damage the Platform and its proper functioning.

Content and Intellectual Property

6. Bestbenagiltours & Portimaoboattrips may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”) on the Platform and through the Bestbenagiltours & Portimaoboattrips Services. By making available any Content, you agree that Bestbenagiltours & Portimaoboattrips may use the Content on the Platform, in particular for promotional materials and publications. You hereby grant to Bestbenagiltours & Portimaoboattrips a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to publicly display or otherwise use the Content for the aforementioned purpose. Bestbenagiltours & Portimaoboattrips does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the Content.

7. You acknowledge and agree that you are solely responsible for all Content that you make available on the Platform or through the Bestbenagiltours & Portimaoboattrips Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases that are necessary to grant to Bestbenagiltours & Portimaoboattrips the rights in such Content, as contemplated under these terms and conditions; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Bestbenagiltours & Portimaoboattrips's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8. It is not allowed to upload or submit Content that (i) is illegal, pornographic, incites hate, obscene or defamatory; (ii) contains commercial content, especially advertisement or marketing for other good or services (iii) infringes intellectual property rights of others (iv) contains viruses, malware, trojan horses or other infested files.Bestbenagiltours & Portimaoboattrips is not obliged to check any Content ex-ante. Content that violates this clause can be blocked or removed immediately without notice.

Termination

9. Bestbenagiltours & Portimaoboattrips and registered users can terminate the usage contract anytime with immediate effect. Please send an email to contact@algarvornia.com and we will delete your account.
10. In case of a termination Bestbenagiltours & Portimaoboattrips is not obliged to delete or revert any content posted by the Traveler on the Platform.
11. Rights and obligations of existing Travel Adventures are not affected by such a termination.

B) Terms for Boat Tours and other experiences - The Role of Bestbenagiltours & Portimaoboattrips

12. The combination of travel services offered to you are packages within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. The Operator will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, the Operator has to have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

More information on key rights under Directive (EU) 2015/2302 here.

13. The Tour Adventures are independently created, offered and carried out by the Operators at their own discretion and responsibility. Bestbenagiltours & Portimaoboattrips is solely acting as a commercial agent for the Operators. Bestbenagiltours & Portimaoboattrips is not an Operator, nor a provider of Travel Adventures, nor a representative or proxy of an Operator nor an insurer. Bestbenagiltours & Portimaoboattrips does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers.

14. Bestbenagiltours & Portimaoboattrips has no control over the behavior of Operators, Travelers and other users of the platform.

15. It is the responsibility of the traveler to be in possession of a valid travel identification along with any necessary visa at the time of the travel. The Traveler is also responsible for compliance with applicable health requirements and recommended or obligatory vaccinations.

Conclusion of a Contract, Documents & Information

16. Tour Adventures are booked directly with the respective Operator. The current Operators terms and conditions apply.

17. By clicking on “Book now” you are submitting a binding offer for the selected Travel Adventure to the respective Operator. The Travel Adventure contract is concluded by the Operator accepting your offer (“Booking”). In this case the contract is concluded directly between the Traveler and the Operator.  The contract text and your booking data are saved by Bestbenagiltours & Portimaoboattrips to process the contractual relationship.

18. The Operators booking calendar will show the operators own terms and conditions, which may vary from operator to operator. As soon as the booking transaction is completed (including successful (down) payment), the Traveler receives a booking confirmation and or ticket via email with a summary of the contract.

19. Booking on request: In certain circumstances you are informed that a booking is “on request” (which is usually the case with Travel Adventures booked shortly before the start of the trip). In this case the Operator needs up to 5 Business days to ensure that all components of the Travel Adventure can be confirmed. In case of such a Booking on request the Traveler is bound to his offer until the Operator either accepts or rejects the booking. The Operators’ cancellation and payment terms apply from the moment of your request. If the request is accepted, you will be billed for the full amount. If the Operator cannot confirm your request, you will receive a full refund of any amounts already paid.

20. Special requests by the Traveler are non-binding, as long as they have not been confirmed by the Operator. Bestbenagiltours & Portimaoboattrips will forward special requests and inquiries of the Traveler to the Operator. A binding performance commitment however is only available upon confirmation by the respective Operator.

Your Responsibilities

21. When using the Bestbenagiltours & Portimaoboattrips Services, you undertake to provide all required personal information in a timely, complete and truthful manner. In particular, you will provide upfront information on all circumstances and restrictions affecting the performance of the services by Bestbenagiltours & Portimaoboattrips and the Operator (e.g. special needs such as food intolerance, restricted mobility or state of health).

22. Travelers who make a booking for themselves or on behalf of third parties (such as fellow travelers) through the Platform are deemed to be the client and, in the absence of any other declaration, accept the obligations arising out of their use of the Platform under these terms and conditions. By using the Bestbenagiltours & Portimaoboattrips Services for himself or others, the Traveler agrees to inform those others of these terms and conditions. The Traveler accepts that he is responsible for all bookings and travel reservations made by anyone under his control. The Traveler guarantees that all information that he provides directly or indirectly through third parties is true, complete and accurate and that the Traveler is not an unaccompanied minor. Any exploratory, manipulative, speculative, false or fraudulent booking (inquiry) is prohibited without restriction.

23. The Traveler undertakes to check all contractual documents transmitted by means of the Bestbenagiltours & Portimaoboattrips Services (e.g. travel contract, booking confirmation, vouchers) for factual correctness and completeness (spelling mistakes, e.g. name, date of birth, special travel requirements) and to report any recognizable errors or defects in the activity of Bestbenagiltours & Portimaoboattrips immediately.

24. Travelers with restricted mobility, pregnant Travelers and Travelers who require special medical care must inform the tour operator of their special needs at least 48 hours before the start of the journey.

25. Travelers must immediately report any perceived breach of contract, so that the respective Operator can be put in a position to quickly remedy any non-conformity which can be addressed with reasonable effort. The Traveler is advised to file any complaints in writing using the Bestbenagiltours & Portimaoboattrips Services and in particular the Booking Management Page. If the Traveler fails to report a lack of conformity, it can be prejudicial to the Traveler. The mere report of a lack of conformity alone does not trigger any legal obligations on the side of Bestbenagiltours & Portimaoboattrips or the Operator.

26. The Traveler is obliged to pay the contractually agreed fees in due time and will indemnify and hold Bestbenagiltours & Portimaoboattrips harmless for any damage caused by delay.

27. The Traveler must inform Bestbenagiltours & Portimaoboattrips without delay in the event that he receives payments arising from claims for damages or price reduction due to breach of contract.

Payments

28. If applicable and available, certain Operators offer the opportunity for Bookings to be paid (wholly or partly and as required under the payment policy of the Operator) to the Operator during the Booking process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Bestbenagiltours & Portimaoboattrips facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Operator (Bestbenagiltours & Portimaoboattrips never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the Operator through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Operator will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

29. Bestbenagiltours & Portimaoboattrips reserves the right to offer to the Traveler particularly advantageous payment options (e.g. installment payment models) itself or through a payment service provider. If you accept, you agree to be bound by the terms and conditions specified and communicated by Bestbenagiltours & Portimaoboattrips or the payment service provider.

Trip cancellations and refunds

30. If the Operator does not confirm the requested Booking or if an Operator cancels an existing Booking, all authorizations made on the Traveler's (credit) card will be automatically released and/or all amounts collected through another payment method will be refunded to the Traveler within 14 days.

31. As soon as the Operator confirms a Booking, the Operator’s cancellation and payment conditions apply. Please read the important information on the Booking Detail Page, Booking Management Page and in your booking confirmation regarding the Operator's terms and conditions carefully. Any cancellation must be made through the Bestbenagiltours & Portimaoboattrips Services (booking management page).

32. Complaints and claims from the Traveler in relationship to Travel Adventures will be handled by the Operators via the Bestbenagiltours & Portimaoboattrips Services.

Important information on insurance for package travel

33. When booking Travel Adventures well in advance, unforeseeable things can happen. Bestbenagiltours & Portimaoboattrips recommends that all Travelers conclude the following insurance policies which are not part of any Travel Adventure:
◦ Travel cancellation insurance in order to minimize financial risk in case of cancellation by the Traveler before departure.
◦ Travel interruption insurance in order to minimize financial risk in case of a travel interruption by the Traveler after departure
◦ Adequate health insurance

C) General Provisions

Liability

41. Bestbenagiltours & Portimaoboattrips is not liable for slight negligence. This limitation of liability shall not apply in case of fraudulent intent, in case of bodily injury or personal damage, for the breach of guarantees and for claims arising from product liability. Bestbenagiltours & Portimaoboattrips is not liable for acts of force majeure (Cyber Crime, earthquakes, pandemics, floodings, etc).

42. Bestbenagiltours & Portimaoboattrips as an intermediary is particularly not liable for:
◦ the Operator’s performance under the Travel Adventure contract;
◦ for the provision of a service that is outside of the scope of the booked Travel Adventure;
◦ for additional services booked by the Traveler on his own risk and account after departure.

43. Bestbenagiltours & Portimaoboattrips is not liable for booking errors (e.g. typographical errors) that are caused by the Traveler or that are caused by unavoidable and extraordinary circumstances.

Electronic correspondence

44. The delivery address for notifications and all official correspondence from Bestbenagiltours & Portimaoboattrips to you is the contact information (E-mail address) you have last entered into your Bestbenagiltours & Portimaoboattrips account details. You are obliged to update any changes without delay.

Contact and Complaints

45. The Traveler can also send messages, requests and complaints in regards to the performance of a Travel Adventure to Bestbenagiltours & Portimaoboattrips as the retailer. Bestbenagiltours & Portimaoboattrips will forward those messages, requests and complaints without delay to the Operator. For the purpose of deadlines any message delivered to Bestbenagiltours & Portimaoboattrips shall be deemed as duly delivered to the Operator.

46. Bestbenagiltours & Portimaoboattrips advises you to first notify Bestbenagiltours & Portimaoboattrips of any complaints by contacting Bestbenagiltours & Portimaoboattrips’s Customer Support team by using your Bestbenagiltours & Portimaoboattrips Booking Conversation page and clicking the ‘notify us’ link. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: https://ec.europa.eu/odr.

Privacy

47. The data protection regulations of Bestbenagiltours & Portimaoboattrips apply. Information and notes on the collection and use of your personal data by Bestbenagiltours & Portimaoboattrips can be found under privacy policy.
Applicable law, place of jurisdiction and dispute resolution

48. These terms and conditions and the provision of the Bestbenagiltours & Portimaoboattrips Services shall be governed by and construed in accordance with Austrian law with the exclusion of its conflict-of-law rules. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the Traveler as a consumer has his habitual residence, remain unaffected.

49. Any dispute arising out of these terms and conditions and the Bestbenagiltours & Portimaoboattrips Services shall exclusively be submitted to the competent courts in Portimão, Portugal. Notwithstanding the foregoing jurisdiction clause, a Traveler as a consumer may also bring proceedings in the courts of the country in which he is domiciled, and proceedings against a Traveler as a consumer may be brought only in the courts of the country in which he is domiciled.