We recommend that you carefully read these General Conditions and Traveler Terms, as they govern your access to and use of the Travelosophy Website linked to these Terms. By using the Website, or related services in any way, including browsing, creating a member account, submitting a travel request, purchasing any trip and/or using any interactive features, you are creating a binding contract between you and Travelosophy, and you acknowledge that you have read, understood and agreed to be bound by all of these Terms. If you do not agree to any of these Terms, you should not access or use the Site.
These Terms have been developed for all users and users of the Site owned and operated by Trilhos Esperadoáveis Unip. Lda, located at Rua do Cristo Rei 74, 4505-867 Feira - Portugal.
Please see our Privacy Policy for information about how we collect, use and disclose information about you. In addition to these Terms, your use of the Site is governed by the Privacy Policy and any other Travelosophy policies posted from time to time, all of which are incorporated by reference into these Terms.
In addition to the other words defined throughout these Terms, the following words shall have the following meanings:
"The Company" and "Travelosophy" and "we/our" mean Trilhos Esperadoáveis Unip Lda, owner and manager of the Site, together with our affiliated brands.
"Site" means any website owned and operated by Trilhos Expectáveis Unip Lda that has links to these Terms, including the website currently located at: www.travelosophy.pt.
"User" and "
your" mean all persons who access and use the Site, and includes any User, Member and Traveller.
"Content" means any information presented on the Site, including text, data, images, graphics, photographs, music, audio, video and any other presentation of information.
"Travelosophy Content
" means any Content made available by Travelosophy through the Site, including any content licensed by Travelosophy from a third party, but excluding any Member Content.
"Feedback" means any questions, comments, suggestions, ideas, original or creative materials or other information about Travelosophy, the Site or Services submitted by a User to Travelosophy. Feedback submitted to Travelosophy will not be considered Member Content for the purposes of these Terms.
"Member Content"
means any Content (other than Feedback) that is posted, transmitted or shared by a Member on the Site, including all Content accessible through the "My Account" section.
"Services" means the travel information, travel agency market services and other travel services offered by Travelosophy on the Site.
"User" means any person or entity that browses, visits, or uses the Site.
"Member" means any User who has created an Account on the Site, after approval and acceptance of the Account by Travelosophy.
"Local Travel Agency" means any third-party independent travel agent based in a destination country that makes travel services available through the Site.
"Account" means any individual account created by a User through registration on the Site.
"Traveler" means any Member who has submitted a travel request or purchased Services through the Site.
Travelosophy is a marketplace that brings together Travelers with Local Travel Agencies for the purpose of designing and providing personalized Services. Travelosophy, through the Site, offers the following Services to people who wish to organize their trips:
Information, advice and fact sheets;
Promotes contact with Local Travel Agencies specialized in the elaboration and delivery of personalized Services;
System for transmitting personal contact data and other information to selected contacts and partners;
Secure payment system to Local Travel Agencies;
information and offers of assistance services regarding repatriation and payment of medical expenses;
Information about travel insurance sold by third parties;
Viewing and sharing online travel reports and photos;
Creation and sharing of testimonies, comments and advice;
Creation and sharing of feedback and experience content;
As between you and Travelosophy,
Travelosophy owns all intellectual property and proprietary rights (including copyrights, trademarks and database rights and any similar rights anywhere in the world) in the Travelosophy Site and Content.
You may use the Travelosophy Site and Content solely for your personal, non-commercial use in connection with accessing, evaluating, obtaining and using the Travelosophy Services. You are not granted any other right or license to use the Site or Travelosophy Content. Without limiting this general statement, you may not reproduce, represent, publish, distribute, transmit, display, modify, create derivative work from, extract data, or use or exploit in any way, in whole or in part, any content without our prior written permission.
You have permission, and Travelosophy grants you a limited, non-exclusive, non-transferable license, to use, view, download and print any Site Content solely for the permitted use of such Content, and not for republication, distribution, assignment, sublicensing, sale, preparation of derivative works or any other use. Without limiting the foregoing, you may not download, republish, retransmit, reproduce or otherwise use any image on the Site as a stand-alone file (i.e., separate from the article, text, caption or other graphics used with the image in the context of the Site). No other rights or licenses are granted to You or any other party except as expressly set forth herein.
"TRAVELOSOPHY" and all names, logos, brands, product and service names, designs and related slogans are registered trademarks of Trilhos Esperadoáveis Unip. Lda. The User may not use or reproduce, in whole or in part, any of these marks without our prior written permission. In addition, you may not use meta tags, meta elements, "hidden text" or other equivalents using these names or any other colored equivalent without our prior written permission.
The User will not remove or modify any copyright, trademark or other proprietary rights notices that appear on any part of the Site.
Any violation of the terms set forth in this Section may subject you to the maximum liability under applicable law, including intellectual property law, for infringement and other legal actions.
The User is only permitted to use the Website and Services for personal, non-commercial purposes and only for the purposes intended, as described on the Website in these Terms and any other applicable policy.
The use of the website is not allowed for children under 13 years of age. If you are under 18 years of age (or the legal age of majority where you reside), you may only access or use the Site with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms and who agrees to be responsible for all conduct on the Site. You may only create an Account and use the Site to purchase travel or other Services if you are at least 18 years of age (or the legal age of majority where you reside).
You are solely responsible for your conduct (and the conduct of anyone using your Account) when using our Site or Services.
In addition, you must use the Site and Services in accordance with applicable law. Without limiting this general requirement, and in addition to your other obligations throughout these terms, you agree that you will not, directly or indirectly:
Use our Site or Services in any manner that may
interfere, interrupt, adversely affect or inhibit other Users, Members or Travelers from fully enjoying our Site or Services, or that may damage, disable, overburden, or impair the functioning of our Site or Services in any way;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous or objectionable conduct while using the Site or Services;
Attempt to indicate in any way that you have a connection with Travelosophy or that Travelosophy has
endorsed you or any products or services for any purpose, unless Travelosophy has provided prior written permission to do so;
Use the Site or Services to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, or collect the email addresses or other contact information of other users, members, or Travelers for such purposes;
Attempt to reverse engineer any aspect of our Site or Services or
do anything that may discover the source code or circumvent measures employed to prevent or limit access to any area, content or code of our Site or Services (except as expressly permitted by law);
Use or attempt to use another person's Account without authorization from Travelosophy and the Member who created such account;
Interfere with the security of the Site or Services, including attempting to obtain personal information from any other person or attempting to gain access to any Account in a fraudulent manner;
Develop any third-party application that interacts with the Content or Site or Services without Travelosophy's prior written permission;
Use any robot, iframe, spider, crawler, scraper or other automated means (other than any interface provided and authorized by Travelosophy) to interfere, prevent or disrupt access to the Site or Services, or engage in any screen scraping, database scraping or similar activities, including for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any Content made available through our Site or Services;
Otherwise, accumulate or index, directly or indirectly, by automated means or otherwise, any Content made available through our Site or Services;
Use the Site or Services to establish independent data files or gather statistical information;
Use our website or services for any illegal or unauthorized purpose, or participate, encourage or promote any activity that violates these Terms.
The Site may include links to web pages, websites, and various resources or web locations provided by third parties (collectively, "third party websites"). Links to third party websites are provided solely for the convenience of our Users, Members and Travellers. We do not operate, control, endorse or guarantee any third party websites, and these Terms and all other Travelosophy policies do not apply to any third party websites. Instead, any use by you of third-party sites will be subject to the terms of use, privacy policy, and other policies posted on those third-party sites.
In addition to the website, we may interact with you on third-party websites where we post content or invite your feedback, such as through Travelosophy's accounts on social media platforms such as Facebook, Twitter, Instagram and YouTube ("social media platforms"). However, social media platforms are websites
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE TRY TO DISPLAY ALL TRAVEL AND DESTINATION INFORMATION AND ALL OTHER CONTENT, MATERIALS AND INFORMATION YOU SEE ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THE ACCURACY, COMPREHENSIVENESS, AVAILABILITY OR TIMELINESS OF SUCH INFORMATION AND MATERIALS, AND WE ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF OR RESULTING FROM YOUR RELIANCE ON THEM.
THE WEBSITE MAY CONTAIN INFORMATION ABOUT TRAVEL SCHEDULES THAT ARE NOT AVAILABLE AT ALL TIMES OR IN ALL AREAS.
THE SITE
, SERVICES AND ALL CONTENT AND OTHER INFORMATION AND MATERIALS INCLUDED IN OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "WHERE AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT AND OTHER INFORMATION AND MATERIALS INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AND SERVICES AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, THEY ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, SUITABILITY, USEFULNESS, RELIABILITY.
SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT A PARTICULAR LIMITATION OR EXCLUSION.
Certain sections of the site are free to access without registration. However, some features are only available to members. By creating an Account as a Member, you must understand that your Member Account information is unique to you and agree not to disclose it or share it with third parties. You also agree that you will be solely responsible for the maintenance and security of your Account password.
The Site allows Members to submit and share photos, stories, experiences, opinions and travel blogs, all of which constitute Member Content. You are solely responsible for any Member Content that you post, submit or offer to us. You are also responsible for all activities performed by any person who accesses the Site on your behalf or uses your Account, even if you are not the individual who performs such activities. This includes any unauthorized access and/or use of your Account or your computer or mobile device.
By creating an Account, signing up for our newsletter, submitting any travel request, purchasing Trip or submitting any Member Content, and each time you do any of the above, you represent and warrant that (a) you are over the age of 18; (b) you are using your real identity; (c) you are providing only true, accurate, current and complete information; and (d) with respect to any Member Content, you are the sole author and owner of all intellectual property and other rights in such Member Content, or have the full legal right to submit it to us and grant us all rights to use it under these Terms, without our need to obtain any third party consent, and Member Content does not and will not violate any of these Terms.
If you submit any Member Content to the Site, you
understand and agree that we have the right, but not the obligation, to use such Member Content, or any portion thereof, at our discretion and for any purpose, including advertising and promotional activities and/or any other commercial purposes, without any right of compensation to you or any third party. Accordingly, when you submit any Member Content, you grant a non-exclusive, transferable, perpetual, royalty-free, worldwide right and license to copy, use, reproduce, distribute, display, publish, adapt, prepare derivative works from, and/or alter any Member Content in any format, in any press and manner, and for any purpose (whether commercial, promotional or otherwise), including within and to promote our Site, Services and Local Travel Agencies, without obtaining any other consent from you. You understand that no Member Content disclosed, sent or offered to us will be treated as confidential and you agree that you will not provide any Member Content that includes any confidential or proprietary information.
All Member Content must comply with these Terms and any other requirements we may implement from time to time. To this end, you will not publish, send, transmit, distribute, store, create or publish, directly or indirectly, through our Site or Services, any of the following:
Member Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading or objectionable;
Member Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party, or creates liability or violates any local, state, national or international law;
Member Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
Member Content that you do not have the right to submit, either by law or under any contractual or fiduciary relationship;
Member Content that contains or describes any statements, observations or claims that do not reflect your honest opinions and experiences;
Member Content that contains personal information about any person, including names, addresses, email address, credit card information, or images of any individual, without that person's permission;
Member
Content that impersonates or misrepresents your affiliation with any person or entity, including through the use of forged headers or identifiers that disguise the origin of any Member Content;
Unsolicited promotions, political campaigns, advertising or solicitations;
Viruses, corrupted data or other harmful, disturbing or destructive files or content; or Member content that, in Travelosophy's sole discretion, is objectionable or that restricts or inhibits any other person from using or enjoying our Site or Services, or that may expose Travelosophy or its Users, Members, Travelers or Local Travel Agencies to any damage or liability of any kind.
While Travelosophy reserves the right to monitor any Member Content for compliance with these Terms and our other policies, we cannot control all Member Content prior to its posting. Travelosophy reserves the right at any time to withdraw any and all Member Content that violates these Terms, without notice and in its sole discretion.
In addition to Member Content, you can send Feedback to Travelosophy. Feedback is not confidential and will become the exclusive property of Travelosophy upon transmission to us. Travelosophy shall own exclusive rights, including all intellectual property rights, to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
TRAVELOSOPHY SHALL NOT BE LIABLE TO ANY USER, MEMBER, TRAVELER OR THIRD PARTY UNDER ANY THEORY OF LIABILITY - WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE - FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT , INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES RESULTING FROM INCONVENIENCE, DELAY OR LOSS OF USE), ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR ANY CONTENT OR OTHER INFORMATION , MATERIALS AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, OR SERVICES, INCLUDING (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION OPERATION, COMPUTER VIRUS OR LINE FAILURE, AND (B ) ANY INABILITY TO USE, OR RELY ON THE SITE, SERVICES AND ANY CONTENT OR ANY PRODUCTS OBTAINED ON OR THROUGH THE SITE, OR ADDICTIONS, IN EACH CASE EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED THE POSSIBILITY OF SUCH DAMAGES.
TRAVELOSOPHY'S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, SERVICES OR ANY CONTENT OR OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE THROUGH THE SITE OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THEY ARE LIMITED TO THE MAXIMUM OF (I) THE AMOUNT PAID BY THE USER TO TRAVELOSOPHY TO ACCESS OR USE THE SITE OR SERVICES OR (II) 100€ EUROS.
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW A SPECIFIC LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
We reserve the right, at any time, to suspend or cancel your Account for any reason and without liability to you, including if you fail to comply with these Terms of Use. If we cancel your account, you will have no further access to any of the information associated with your account or any content sent through your account. However, the closure of your account will not relieve you of any outstanding obligations in connection with any travel package order you may have in progress with a local travel agency at the time your account is closed.
Travelosophy has the right, but not the obligation, to monitor the Site and any Content (including Member Content), at our discretion or at the request of third parties, in order to verify compliance with these Terms and any other policies Travelosophy. However, Travelosophy assumes no responsibility or liability arising from any use of the Site and Travelosophy has no obligation to enforce these Terms or any other policy of Travelosophy on its behalf against any other User, Member, Traveler, Local Travel Agency , or another party.
If you have any questions about these Terms or any other Travelosophy policy, or about the website or services, please contact us by email at info@travelosophy.pt.
We use email as a vital and primary communication channel with you. When using the Site, if you provide us with an email address, or any similar feature of the Site, create an Account or opt-in to receive our newsletter, you grant us permission to communicate with you via email for any purposes, including to any disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will make our best effort to honor any request to unsubscribe from marketing messages, but under no circumstances will we have any liability for the sending of any email. You agree that any notice, agreement, disclosure or other communication that we send to you by email will satisfy any legal communication requirements, including that such communication be in writing.
A. Access to the website.
Travelosophy provides online access to the Services through the Site. An Internet connection is required to access the site.
To access certain features of the Site, you must register as a Member and create an Account. Creating an account will require you to enter your email address and create a password.
B. Availability and operation of websites
Although we try to make the Site available on an ongoing basis, we do not guarantee that the Site will operate continuously or error-free, or that it will be secure or free from bugs or viruses. Please see the Disclaimer included in Section 7 of these Terms, which includes certain limitations regarding our responsibility for the availability of the Site.
The user is responsible for configuring their information technology, computer programs and platform to access the Site and Services. We recommend that you use your own virus protection software.
C. Denial, Suspension and Interruption of access
Travelosophy is free, at any time and for any reason, to refuse, interrupt or suspend access to, modify and remove or remove all or part of the Site or Services, including for operational or maintenance reasons.
To receive Travelosophy services (i.e. contact a local travel agency, submit a travel request or receive a travel cost estimate), the traveler must first confirm their identity by registering account and submitting a request for the applicable information.
Issuing requests to Local Travel Agencies for cost estimates is free. To request a quote, simply click the "Contact a local agency" button on the home page of any destination and submit the online form.
Certain conditions must be met for the traveler to become a Member and be able to submit an estimate of travel costs:
You must be a consumer and not act on behalf of third parties;
All information provided must be accurate, verifiable, comprehensive and up-to-date;
You must use a personal email address; and
The login details and password you choose must comply with these Terms and all other Travelosophy policies.
If you submit any false information on behalf of yourself or another Traveler, you will be liable to the fullest extent provided by applicable law.
To contact a local travel agency to organize your trip, proceed in the following order:
Select destination
Describe the travelers and their travel plan
Specify your expectations in terms of accommodation, travel companions and pace of travel
Please provide your contact information so that your chosen local travel agency can contact you
Receive an email confirming transmission of your registration form
Receive a personalized cost estimate directly from your selected local travel agency
Travelosophy's choice of appropriate local travel agencies is dependent on you providing the information set out above.
A. Personal Responsibility for Use of the Site and Services
You will defend and hold harmless Travelosophy, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors and partners from any claims or damages, including reasonable attorneys' fees, arising from (a) your access, use or conduct in connection with our website or services; (b) any Member Content or Feedback you provide; (c) your violation of these Terms, any other Travelosophy policies or any agreement between you and any local travel agency; (d) your infringement, misappropriation or violation of any third party rights (including intellectual property rights or privacy rights); and (e) any claims made by third parties participating in any travel purchased through our Site or Services.
B. Your responsibility in relation to assistance/insurance
With regard to the intended trip, it is advisable to take out insurance that includes coverage for personal assistance services and payment of medical expenses, accident insurance, repatriation coverage, luggage insurance, cancellation insurance and civil liability coverage . It will be your responsibility to check your insurance coverage and, if necessary, take out insurance with your insurance broker or through an insurance agency you connect with through our Site.
C. Your responsibility for your communications
You acknowledge that you (and not Travelosophy) are solely responsible for any and all information and electronic content (including Member Content) you upload to the Site, and you acknowledge that Travelosophy will not incur any liability in this regard. You acknowledge that you will and must use the Site and Services in a manner consistent with applicable law.
D. Launch of Travelosophy
The traveler acknowledges that he/she is connecting to and using the Site and Services at his/her own risk, including all risks associated with other Users, Members, Travelers and Local Travel Agencies.
Travelosophy, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, partners and representatives (collectively, "released party") will not be responsible for cancellations, acts of local travel agencies, operators tourist or other service providers, variation, postponement, omission or default by air carriers, ground carriers, hoteliers or hotels, transport companies or any other persons providing services or accommodation to you, including any results thereof, such as changes in services, accommodation or facilities. Nor shall they be liable for loss of or damage to baggage or property, or for injury, illness or death, or for any damages or claims arising from loss, negligence or delay arising from the act, error, omission, default or negligence of any person who is not your employee, including any act, error, omission, default or negligence of any country, government or governmental authority, director or employee. The released party will not be liable for indirect, special or consequential damages. Traveler hereby expressly releases Travelosophy from any and all liabilities, controversies, claims, suits, injuries, losses, damages, or damages arising out of or relating to disputes, dealings, or interactions between itself and any other Users, Members, Travelers , Local Travel Agencies, Tour Operators, Travelers or other third parties.
E. Additional Risks
Security is a major concern for all of us and the global situation is constantly changing. Events around the world, along with "Travel Advisories" issued by various governments, can sometimes require changes to accommodations and itinerary or even cancellation of the trip. Travelers must accept these risks involved in traveling to any country that may face security difficulties and take responsibility for their own travel decisions. We recommend that you consult government sources, including the United States Department of State, news sources, as well as your local travel agent before making your travel plans. Travelosophy and our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors and partners are a referral service only and do NOT arrange tours, transportation, sightseeing, lodging or any other services related to your itinerary. Travelosophy is an independent contractor and is not an employee, agent or representative of any local travel agencies, tour operators or their suppliers. Travelosophy does not own, manage, operate, supervise or control any transportation, vehicle, airplane, hotel or restaurant, or any other entity that provides services related to your itinerary. Travelosophy is not affiliated with any local travel agency or tour operator. All local travel agencies, tour operators and suppliers are independent contractors and are not agents, employees or representatives of Travelosophy. All tickets, receipts, coupons and vouchers are issued subject to the terms and conditions specified by each supplier and, by accepting the coupons, vouchers and tickets, or using the services, all customers agree that neither Travelosophy nor its employees, agents, or representatives are or may be responsible for any loss, injury or damage to any tour participant or their belongings, or otherwise, in connection with any service provided or not provided resulting directly or indirectly from any occurrence outside the control of Travelosophy. Travelosophy assumes no responsibility for any delay, schedule change, loss, injury or damage or loss to any participant that may result from any act or omission on the part of any third party; and Travelosophy will be released from any obligations under these terms and conditions in the event of any strike, labor dispute, act of God or government, fire, war, whether declared or undeclared, terrorism, insurrection, riot, robbery, theft, epidemic, illness, injury physical, quarantine, medical or customs or immigration regulations, delay or cancellation. Travelosophy is not responsible for lost or stolen items.
Travelosophy has selected Local Travel Agencies that are specialists in organizing consumer travel and that have the authorizations and insurance required in their countries of establishment. Travelosophy offers a service through which Members are put in touch with Local Travel Agencies. Travelosophy screens Local Travel Agencies, but this screening does not necessarily imply any type of identity background check and unless otherwise stated in these terms and conditions. We recommend that travelers speak to their local travel agency to confirm that they feel comfortable using their services. We will not charge for our services and will not add additional costs to the cost estimate provided by local travel agencies. Our remuneration is made up of commissions paid to us by Local Travel Agencies.
All agreements concluded between Travelers and Local Travel Agencies are solely between the Traveler and the Local Travel Agency in question and not Travelosophy who, therefore, is not involved in the contracting.
Travelosophy does not employ any Local Travel Agent and has no control over the acts or omissions of any Local Travel Agent.
Travelosophy does not guarantee the quality, safety or legality of the Local Travel Agency Services advertised or provided on and/or through the Site, the veracity or accuracy of listings, the qualifications, background or abilities of Members, the ability of Local Travel Agencies to provide Services, the ability of Travelers to pay for Services or that a Local Travel Agency or Traveler will actually complete a transaction.
Local Travel Agencies assume full responsibility for the services they offer and provide and for the choice of service providers. In this regard, Travelers will be required to accept each Local Travel Agency's terms of sale as set out in the Local Agency Agreement and as they come into force at the time of their acceptance of delivery of a cost estimate by the Local Travel Agency . and/or the traveler makes the initial payment.
The traveler hereby expressly releases Travelosophy from any and all liability for any controversies, claims, suits, injuries, losses, damages or damages arising from or relating to our Services or your interactions or dealings with Travel Agencies Locations and their service providers, including acts and omissions of local travel agencies. All use of our Services is at your sole risk.
Before making a reservation with a Local Travel Agency, the traveler agrees to read and accept the terms of the applicable Local Agency Agreement, all of which will apply in addition to these terms.
A. Cancellation
Any cancellation must be notified by letter, fax or email directly informing the Local Travel Agency in the format required by the Local Agency Agreement. Cancellation fees may be paid at an amount that may vary according to the cancellation period and the Local Agency Agreement, which you should consult.
We suggest that the traveler takes special care (a) to read in detail the Local Agency Agreement relating to cancellation, prepayment and failure, and (b) to show and make all payments within the deadlines agreed with the Travel Agency Location.
It is your responsibility to notify any insurer of cancellation within the time limits set out in the insurer's cancellation terms and conditions, which may affect your ability to claim cancellation charges. Travelosophy will not refund any cancellation insurance premiums incurred. The Local Agency Agreement will apply to the traveler. Cancellation expenses will be paid from the initial payment made by the traveler at the time of booking through the Local Travel Agency. If you made the payment through the Travelosophy secure payment platform, Travelosophy will credit the traveler using the originally adopted payment method (bank card, bank transfer, etc.).
B. Payment
Reservations take effect once initial payment is received.
Payment terms and conditions are those defined in the Local Agency Contract, which you should consult.
Each Local Travel Agency is obliged to inform you of its terms, conditions and means of payment.
Travelers pay local travel agencies through the secure payment platform Travelosophy.
In the event of an error relating to the pricing or billing of a Package, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or cancel your purchase and refund any amount charged . Your only remedy in the event of a billing error is to obtain a refund of the excess amount charged. To be eligible for this refund, you must report any billing error within 120 days of the date on the billing statement on which the error first appeared.
C. Modifications
Between the time you prepare the quote and the time you agree to it, the availability of accommodation may change. If such changes occur, your renewed consent to the changed situation will be requested.
D. Unused services
If any trip is interrupted or interrupted by the Traveler, including if any land, river, sea or air service is not fully used for any reason, there will under no circumstances be any refund from the Local Travel Agency.
It is the Traveler's responsibility to take out insurance that provides for the recovery of any amounts paid for unused Services.
E. Travelosophy disclaimer against local travel agency non-compliance
Travelosophy makes no representations or warranties in relation to and is not responsible for the services provided by Local Travel Agencies, nor will it be held responsible for their failure to comply in any case, including in the event of them entering into administration or receivership or for any criminal irregularity committed by local travel agencies.
F. Travelosophy Customer Service
However, in the event of non-compliance by the Local Travel Agency, making it impossible to carry out the selected travel schedule, Travelosophy will help by trying to find an alternative solution through another Local Travel Agency.
As part of this commitment, Travelosophy undertakes to ensure that the traveler does not suffer financial losses in this regard.
Travelosophy is therefore committed to paying you compensation in the amount you paid to the defaulting Local Travel Agency, reimbursing you if no alternative Local Travel Agency can manage the travel schedule you paid for, or if not, by paying an equivalent amount directly to the alternative local travel agency that manages your travel program. If there is an outstanding balance of Services, unpaid in whole or in part, the traveler must make full payment to the alternative Travel Agency, without any liability attributed to Travelosophy in such circumstances.
In the event of a dispute with the Local Travel Agency, before, during or after your trip, Travelosophy's customer service is at your disposal to help resolve the issue. You can contact Travelosophy at the following address: info@travelosophy.pt.
Please read the following section carefully as it limits the way in which a traveler can request our assistance.
These Terms are governed by the laws of the Portuguese State, regardless of conflicts of law principles. All complaints from Users, Members and Travelers must be submitted in writing and received by Travelosophy no later than sixty (60) days after (a) the date of the event giving rise to the complaint, or (b) the conclusion of the complaint, what happens first. The Traveler's vacation as booked through the Site if applicable. Claims not presented and received within this period will be considered waived and barred.
TRAVELOR AND TRAVELOSOPHY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS. FURTHERMORE, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER CLAIMS ARE NOT PERMITTED.
Travelosophy reserves the right, in its sole discretion, to modify the Site and Services from time to time and may restrict access to them. By using the Site or Services following any notice of modification, you accept the modifications made.
Travelosophy reserves the right to modify these Terms at any time and at our sole discretion. If we make changes to these Terms, the changes will be effective when the changes are posted on the Site. We may provide notice of such changes, for example, by sending an email notification or providing notice through the Site, but it is your responsibility to check these Terms for updates. You can determine when these Terms were last updated by referring to the “Last Updated” date at the top of these Terms. Your continued use of the Site will confirm your acceptance of the revised Terms, whether or not you have revised them. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Terms, you may not access or use the Site. Any changes we make will not affect your rights in relation to Services you have already purchased before the effective date of the changes.
If any provision contained in these Terms is declared, in whole or in part, to be invalid or unenforceable under applicable law, (a) the invalid or unenforceable provisions in question will be deemed superseded by valid and enforceable provisions that are the closest approximation to the intent of the original provision, and (b) all other terms of these Terms will not be affected and will remain in full force and effect.
Travelosophy shall have the right to assign, transmit, subcontract or delegate its rights, duties and obligations under these Terms to third parties. No such rights are granted to the traveler.
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