SANTA MARIA MANUELA TERMOS E CONDIÇÕES GERAIS DE RESERVA

The present General Conditions are applicable to contracts entered into with the company Santa Maria Manuela Turismo, S.A., registered at the Lisbon Commercial Registry Office under the sole registration and corporate taxpayer number 515755028, with its registered office at Rua Actor António Silva, nº 7 1600 – 404, Lisbon, in the scope of maritime transport provided by this company, including the carrying out of maritime-tourism activities.

Article 1. – Definitions

Definitions used in these General Conditions:

1. Carrier: Santa Maria Manuela Turismo.
2. Client: an individual or legal entity that enters into one or more contracts with the carrier, covered by these General Conditions.
3. Contract: all contracts signed between the carrier and the client under these General Conditions. d.Guest: third parties whose entry onto the vessel is authorised by the carrier under the terms of the contract signed with the client.
4. Vessel Voyage: the entire cruise, including the stay on board during the period specified in the contract. f.Luggage: luggage easy to carry by the client and/or guest; suitcases, travel bags and/or backpacks g.Vessel: the vessel identified in the contract.
5. Preço: the price referred to as such in the contract.

Article 2. – Scope of application

2.1These General Conditions apply, unless otherwise expressly agreed in writing, to all contracts, including all offers made under this contract, entered into between the carrier and the client and relating to transport and/or catering services and other related services.

2.2These Conditions also apply to guests. The client assumes responsibility for their guests and indemnifies the carrier for all damages caused by them.

2.3These Conditions are drawn up in the Portuguese language and translated into English. In the event of any discrepancies between the original version and the translation, the Portuguese text shall prevail.

Article 3. - Offer / adjudication

3.1.All disclosed offers may be cancelled by the carrier.

Such cancellation, if it occurs, will be communicated to the client as quickly as possible.

3.2.The offer mentions:

1. the total amount of the voyage and the respective percentage to be paid in advance;
2. the method of payment;
3. the maximum number of guests per vessel;
4. the place, date and time of boarding and disembarkation; ,

These General Conditions are an integral part of the first offer.

Article 4. - The contract

4.1.The contract is concluded, except in the case of cancellation referred to in article 3.1, after acceptance of the offer by the client. The carrier sends a written or electronic confirmation to the client after the agreement has been established.4.2.The client shall provide the carrier beforehand, or at the latest before departure, with all information about themselves and the registered guests.

Article 5. - Cancellation

5.1.In the event of cancellation of the contract, the client must inform the carrier as quickly as possible, by letter. The valid date for the cancellation of the contract is the date of receipt of the said letter by the carrier.

5.2.The cancellation of the contract by the client requires the payment of a fixed amount to the carrier, under the following terms:

Compensation - vessel:

• 15% in case of cancellation up to 6 months before departure;
• 20% in case of cancellation up to 5 months before departure;
• 30% in case of cancellation 4 months before departure;
• 40% in case of cancellation 3 months before departure;
• 50% in case of cancellation 2 months before departure;
• 75% in case of cancellation 1 month before departure;
• 90% in case of cancellation 1 day before departure;
• 100% in case of cancellation on the day of departure.

Compensation - catering and other services:

• 15% in case of cancellation 2 months before departure;
• 25% in case of cancellation 1 month before departure;
• 50% in case of cancellation 2 weeks before departure;
• 75% in case of cancellation 1 week before departure;
• 95% in case of cancellation 1 day before departure;
• 100% in case of cancellation on the day of departure.

Whenever the losses incurred by the carrier, due to the cancellation, exceed 15% of the fixed amounts referred to above, thecarrier will be reimbursed by the client who must pay such additional amounts.

Article 6. - Suspension and cancellation

6.1.In the event of failure to comply with the obligations, as set out in the contract, by either party, the other party has the right to suspend the fulfilment of its obligations, except in cases where such failure does not justify its suspension due to issues of a special nature or of minor importance.

6.2.Failure to comply with the obligations by one of the parties, as set out in this contract, gives the other party the right to cancel the respective commitment, except in cases where such failure does not justify its cancellation due to issues of a special nature or of minor importance.

6.3.The carrier reserves the right to terminate the contract at any time with immediate effect in the event of:•Bankruptcy, insolvency, initiation of a special revitalization process or appointment of a judicial administrator;•If the client fails to comply with their obligations within 5 working days after written notification to that effect.•If a situation similar to that referred to in Article 11 paragraphs 2, 3 and 4 below occurs.

• If the vessel is not available due to unforeseeable circumstances and if, despite the efforts made by the carrier, it is not possible to provide a similar vessel.

6.4.Cancellation or suspension must be communicated in writing by one party to the other, specifying the respective reasons. The contract is considered terminated extrajudicially after receipt of the cancellation letter by the client.

6.5.If the cause of the suspension or cancellation is the responsibility of the client, the resulting damages will be borne by the client.

Article 7. - Price and price changes

7.1.Unless otherwise agreed, the price does not include port charges, bridge or lock charges, taxes and other similar expenses, which are borne by the client who is on board the vessel.

7.2.The indicated 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, due to the price increase, as referred to 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.

Article 8. - Payment

8.1.Payment will be made through the carrier's website, via bank transfer through the SIBS Digital Payments Gateway platform. The date shown on the carrier's bank statement is considered the payment date.

Article 9. - Late payment

9.1.The client is in default after the agreed payment date has expired. In such a case, the carrier sends a notification to the client granting them a period of five working days after receipt of the notification to make the payment.9.2.Non-payment of the outstanding amount after the period stipulated in the payment notification has expired gives the carrier the right to charge interest calculated from the due date, at the current legal rate, plus 3% per year on the outstanding amount.9.3.If the client continues without paying the outstanding amount after notification to that effect, the carrier has the right to add collection expenses to theoutstanding amount, which include judicial and extrajudicial costs.

The extrajudicial costs amount to:

• 15% on the first 2,500.00 euros of the outstanding amount, with a minimum of 40 euros;
• 10% on the following 2,500.00 euros of the outstanding amount;
• 5% on the following 5,000.00 of the debt value;
• 1% on the following 15,000.00 of the outstanding amount,

unless the value spent by the carrier is less than such amounts.

9.4.All claims regarding billing must be made in writing, clearly defined and documented, and sent promptly to the carrier upon receipt of the invoice.

Article 10. – Obligations of the carrier

10.1.The carrier carries out the cruise in accordance with its best practices and efficiency rules.

10.2.The carrier ensures that the vessel and crew meet the legal requirements of the country of the vessel's flag of registration.10.3.The route will be defined in consultation with the client, unless it has been fixed beforehand by the carrier and/or the vessel's captain.

10.4.The carrier and/or the vessel's captain may change the cruise for navigation reasons.

Navigation issues are considered to be, among others, all aspects related to weather and sea conditions, blocking of sea lanes, condition of the vessel, force majeure, strikes and saving of lives and property at sea. These reasons may also include changing the place of departure and/or arrival and/or the decision not to weigh anchor.

10.5.In the cases referred to in the previous paragraph, the carrier and/or the vessel's captain will always try to find, together with the client, an alternative solution. All additional costs, provided they are reasonable, will be borne by the client.

Article 11. – Obligations of the client (and guests)

11.1.The client must deliver the vessel, at the end of the cruise, in the same condition in which they found it when they boarded, unless otherwise agreed.

11.2.The client and their guests must maintain appropriate behaviour on board, for the duration of the cruise, towards the crew and other persons on board.

11.3.Instructions given by the carrier and/or the vessel's captain and/or crew must be strictly followed for reasons of order and safety of the vessel.

11.4.If, in the opinion of the carrier and/or the captain, the client does not comply with the provisions of paragraphs 2 and 3 above, the carrier and/or the vessel's captain may immediately terminate the contract and/or deny access of the client and/or their guests to the vessel, unless such failure does not justify termination of the contract due to issues of a special nature or of minor importance.11.5.The client and guests are not authorised to carry other goods on board besides the luggage referred to above, unless previously authorised to do so by the carrier and/or the vessel's captain.

11.6.The client and guests may not carry pets on board, unless previously authorised by the carrier and/or the vessel's captain.

11.7.The client and guests may not bring on board or be in possession of materials or objects that may put the health, well-being and/or safety of third parties at risk, such as dangerous substances, explosives, radioactive and/or toxic substances, contraband, weapons, ammunition and narcotic products.

11.8.The client must provide the vessel's captain with a list with the names of the guests, no later than the day of their arrival.

Article 12. – Client's fitness to travel

12.1.All clients must ensure that they meet all conditions, namely health, to carry out the voyage by sea safely.

12.2.In case of allergy or intolerance to any food, the client must inform the carrier of this fact beforehand, and must adopt appropriate measures to avoid the consumption of any food to which they are allergic during the vessel voyage.

Article 13. – Force Majeure

13.1.Force Majeure are unforeseeable circumstances that may lead to delays or impossibility of executing the contract, whenever these circumstances cannot be avoided by the carrier, due to legal, contractual or social issues.13.2.Force Majeure includes damage to the vessel that causes the vessel not to be in a condition to execute the contract, occurring due to circumstances that the carrier could not anticipate or prevent.

13.3.Termination of the contract due to force majeure gives the carrier the right to be reimbursed for expenses incurred before the occurrence of that force majeure reason that led to the cancellation of the contract and provided that the client benefits from the services provided.

Article 14. – Liability of the carrier

14.1.The carrier assumes no responsibility for damages resulting from death or injury and/or for material damages caused by circumstances whose consequences any diligent carrier could not have avoided.14.2.The compensation potentially payable, due to the impossibility of fulfilling its obligations, as provided for in Article 10 above, is limited to the price agreed for the charter of the vessel.

14.3.Se a transportadora provar que a falta ou negligência do cliente e/ou convidado provocou ou contribuiu para os danos, a responsabilidade da transportadora será assim afastada completa ou parcialmente.

14.4.A transportadora não é responsável por danos causados por atrasos, motivados por razões meteorológicas, ao tempo do início e/ou fim do cruzeiro ou pela disponibilização de um navio de substituição em razão de circunstâncias imprevistas.

Artigo 15. – Responsabilidade do cliente (e dos convidados)

15.1.O cliente é responsável pelos danos causados por si ou pelos seus convidados a bordo do navio, exceto nos casos em que os danos são imputáveis a actos ou omissões da transportadora.

Artigo 16. – Utilização de Reembolso

16.1.Qualquer reembolso emitido pela Transportadora ao Cliente para posterior utilização na aquisição de serviços à Transportadora, deverá forçosamente ser utilizado até ao final do ano civil seguinte ao ano em que ocorra o referido reembolso.

Artigo 17. – Informações, esclarecimentos e reclamações

17.1.Para o esclarecimento de qualquer questão, dúvida, ou para nos dar conhecimento de alguma insatisfação acerca da prestação do nosso serviço, por favor entre em contacto através deinfo@santamariamanuela.pt.

17.2.Reclamações relacionadas com a execução do contrato devem ser apresentadas, de forma clara, à transportadora e/ou ao capitão do navio imediatamente após a ocorrência dos factos em causa.

17.3.Todas as reclamações sobre faturas devem ser apresentadas, por escrito, no prazo máximo de 10 dias após a receção da fatura.

Artigo 18. - Litígios

18.1.Todos os litígios relativos a este contrato regem-se pela lei portuguesa, sendo competente em exclusivo o Tribunal Marítimo de Lisboa.

Artigo 19. - Taxa bebidas

19.1.A bordo do SMM vendemos vinhos, cervejas e bebidas espirituosas. Se deseja levar bebidas a bordo a nossa taxa é:•Bebidas espirituosas: 30,00€

• Vinho: 20,00€
• Cerveja: 2,00€

Artigo 20. Regime Alimentar

20.1.O Santa Maria Manuela procura acomodar as necessidades de todos os nossos hóspedes, mas devido a limitações de infraestrutura apenas podemos acomodar alergias e intolerâncias. Em todo o caso, o nosso menu diário disponibiliza salada, sopa e legumes.

Artigo 21. - Alteração dos Termos e Condições

21.1.Os presentes Termos e Condições poderão ser sujeitos a alterações, as quais serão divulgadas através do website Santa Maria Manuela.