What a nice view!
The SMM seen from the fortress of São João Baptista in Angra do Heroísmo, Terceira.
The SMM seen from the fortress of São João Baptista in Angra do Heroísmo, Terceira.
Definitions used in these General Terms:
2.1. Unless otherwise agreed in writing, these General Terms apply to all contracts, including all offers made under this agreement, entered into between the carrier and the client and relating to the transport and/or catering services and other related services.
2.2. These Terms also apply to guests. The client shall be responsible for its guests and indemnify the carrier for any damages caused by such guests.
2.3. These Terms are written in Portuguese and translated into English. In case of any divergence between the original version and the translation, the Portuguese version shall prevail.
3.1. All of the carrier's offers, including offers contained in brochures, advertisements and websites are optional and may be cancelled by the carrier. Such cancellation, if it occurs, will be notified to the client as soon as possible.
3.2. The offer mentions:
These General Terms are an integral part of the first offer.
4.1. Except in case of a cancellation as provided for in article 3.1, the contract is concluded after the client accepts the offer. The carrier shall send a written or electronic confirmation to the client, after the agreement has been concluded.
4.2. The client provides to the carrier in advance or, at the latest before departure, all of his/her information as well as that of the registered guests.
5.1. In the event of the contract's cancellation, the client must inform the carrier as soon as possible, by letter. The valid date for the contract's cancellation is the date of receipt of said letter by the carrier.
5.2. The contract's cancellation by the client requires the payment of a fixed amount to the carrier, in the following terms:
Compensation - ship:
Compensation - catering and other services:
Whenever the losses incurred by the carrier, as a result of the cancellation, exceed 15% of the fixed amounts mentioned above, the carrier shall be compensated by the client who shall pay such additional amounts.
6.1. In the event of breach of the obligations provided in the contract, by either party, the other party has the right to suspend the fulfillment of its obligations, except in cases in which such non-compliance does not justify the suspension due to being based on matters of special or minor importance.
6.2. Failure by one of the parties to comply with the obligations provided in the agreement, gives the other party the right to cancel its respective pledge, except in cases in which such breach does not justify the cancellation due to being based on matters of special or minor importance.
6.3. The carrier reserves the right to terminate the contract at any time with immediate effect in case of:
6.4. The cancellation or suspension must be notified in writing, by one party to the other, stating the relevant reasons. The contract is deemed to have been settled amicably upon receipt of the cancellation letter by the client.
6.5. If the client is responsible for the cause underlying the suspension or cancellation, the resulting damages will be borne by the client.
7.1. Unless otherwise agreed, the price does not include port expenses, bridge or locks expenses, fees and other similar expenses, which shall be borne by the client who is on board the ship.
7.2. The referred price is subject to changes resulting from the unforeseen increase in government charges, taxes or surcharges on fuel, whenever these occur after the signing of the contract.
7.3. If, as a result of the increase in prices, as mentioned in the previous paragraph, the agreed price has an increase of more than 15%, the client has the right to cancel or withdraw from the contract.
8.1. Payment shall be made by bank transfer to the account designated by the carrier. The date on the carrier's bank statement is considered the payment date.
9.1. The client defaults after the agreed payment date has expired. In that case, the carrier shall notify the client granting him/her a period of five working days after receiving the notification to make the payment.
9.2. Failure to pay the amount due after the period stipulated in the payment notice entitles the carrier to charge interest calculated from the due date, at the applicable legal rate, plus 3% per year over the due amount.
9.3. If the client remains without paying the amount due after being notified to do so, the carrier has the right to add collection costs to the amount owed, which include the judicial and extrajudicial costs.
Extrajudicial costs amount to:
9.4. All billing claims shall be made in writing, clearly defined and documented, and sent promptly to the carrier upon receipt of the invoice.
10.1 The carrier performs the cruise according to its best practices and efficiency rules.
10.2. The carrier shall ensure that the ship and the crew comply with the legal requirements of the country where the ship is registered.
10.3. The route shall be defined by consulting the client, unless it has been previously fixed by the carrier and/or by the captain of the ship.
10.4. The carrier and/or the captain of the ship may change the cruise for navigation reasons.
Navigation reasons include, but are not limited to, all aspects relating to weather and sea conditions, blocking of sea lanes, state of the ship, force majeure, strikes and the salvage of lives and property at sea.
These reasons may also include the amendment of the place of departure and/or arrival and/or the decision not to set sail.
10.5. In the cases mentioned in the previous paragraph, the carrier and/or the captain of the ship shall always try to find, together with the client, an alternative solution. All reasonable additional costs, shall be borne by the client.
11.1. The client and his guests are to have their personal documentation duly organised and updated and the carrier declines any responsibility for the failure to comply with these duties.
11.2. Children travelling with their parents or authorised by them to travel with other adults are required to have their own personal identification document.
11.3. Unless otherwise agreed, at the end of the cruise, the client shall deliver the ship under the same conditions as the client found it upon boarding.
11.4. During the duration of the cruise, the client and the guests must maintain appropriate behavior towards the crew and other persons on board.
11.5. The instructions given by the carrier and/or the ship's captain and/or crew must be strictly followed for safety reasons and to maintain order on the ship.
11.6. If, in the opinion of the carrier and/or the captain, the client fails to comply with paragraphs 2 and 3 above, the carrier and/or the ship's captain may terminate the contract immediately and/or deny the client and/or his/her guests access to the ship, unless such breach does not justify the termination of the contract due to being based on reasons of special or minor importance.
11.7. The client and the guests are not authorized to carry other goods on board other than the luggage mentioned above, unless prior authorization is given by the carrier and/or the ship's captain.
11.8. The client and guests may not carry pets on board, unless prior authorization is given by the carrier and/or the ship's captain.
11.9. The client and guests may not bring on board or be in possession of materials or objects that may endanger the health, well-being and/or safety of third parties, such as hazardous substances, explosives, radioactive and/or toxic substances, contraband, weapons, ammunition and drugs.
11.10. The client must deliver to the ship's captain a list with the name of the guests, no later than the day of their arrival.
12.1. Force Majeure are unforeseeable circumstances that can lead to delays or the inability to comply with the contract, whenever these circumstances cannot be avoided by the carrier due to legal, contractual or social issues.
12.2. Force Majeure includes damage to the ship that causes the ship to be unable to perform. These damages must be caused by circumstances that the carrier could not anticipate or prevent.
12.3. The termination of the contract for reasons of force majeure gives the carrier the right to be reimbursed for expenses incurred before the occurrence of such force majeure that led to the termination of the contract and provided that the client benefits from the services provided.
13.1. If, before the start of the travel, and for facts not attributable to the carrier the latter fails to comply with the travel program, the client has the right to cancel the boat trip and to terminate the contract and will be refunded for all expenses incurred or, alternatively, to accept a change and an price variation, should such alternatives be offered by the carrier.
13.2. If facts not attributable to the carrier determine the cancellation of the boat trip, the client will also be given the opportunity to participate in another boat trip and of equivalent price, upon proposal of the carrier.
13.3. If the price of the proposed replacement boat trip is lower, the client will be refunded for the remaining amount.
14.1. The carrier shall not be liable for damages resulting from death or injury and/or property damage that is caused by circumstances whose consequences any diligent carrier could not have avoided.
14.2. Any compensation to be paid, as a result of the inability to comply with its obligations as set out in Article 10 above, shall be limited to the agreed price for hiring the ship.
14.3. If the carrier proves that the damages were caused by the client's and/or the guest's fault or negligence, or if such fault or negligence contributed to the damages, the carrier's liability shall be removed, in full or in part.
14.4. The carrier shall not be liable for damages caused by delays due to meteorological reasons, the time the cruise starts and/or finishes or the availability of a replacement ship due to unforeseen circumstances.
The customer is liable for the damages caused by himself or his guests on board the ship, except in cases where the damages are due to the carrier's acts or omissions.
16.1. Claims relating to the performance of the contract shall be clearly presented to the carrier and/or to the captain of the ship immediately after the relevant facts have occurred.
16.2. All claims for invoices must be submitted, in writing, within a maximum period of 10 days after receipt of the invoice.
All disputes relating to this contract are governed by Portuguese law, with the exclusive jurisdiction of the Maritime Court of Lisbon (Tribunal Marítimo de Lisboa).