General Terms & Conditions
for Booking with BeCool Travel

Introduction

These General Terms and Conditions for Booking with BeCool Travel (the “General Terms and Conditions“), along with the information set out in your booking confirmation email set out the terms on which Relaxdefender, Unipessoal (under BeCool Travel brand) agrees to make available the Services to you through the Website (see defined terms below).

The Services made available by BeCool Travel can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally. It is not possible to proceed with the booking process without this acceptance.

Customers undertake to fulfil the obligations contained within these General Terms and Conditions. The agreement between Customers and BeCool Travel comes into force as soon as BeCool Travel provides the Customer with the Booking Confirmation by email.

Customers should save and/or print a copy of these General Terms and Conditions for future reference when making a booking.

By using BeCool Travel services, you agree with these General Terms and Conditions.

Article 1. Definitions and scope

1.1. Definitions

The following definitions have the same meaning whether they are singular or plural.

‘Customer’ (or “you/your” or “Client” or “Traveller”) means a customer who reserves and/or books one or more Services offered on the Website.

Holiday Activities’ means the offering of tickets to events or tourist attractions at travel destinations, such as boat tours or guided day tours.

‘BeCool Travel’ means RelaxDefender, Unipessoal and/or becooltravel.com.

Relaxdefender Unipessoal, with NIPC: PT514463570 under the brand BeCool Travel, has its headquarters on Rua Emissor Regional do Sul, Bloco D, Loja 3, 8000-338 Faro, Portugal.

‘General Terms and Conditions’ means these general terms and conditions for booking and use.

‘Lead Customer’ means the Customer who makes a booking for themselves and/or on behalf of others under the same booking.

‘Package Holiday’ means the same as the definition of a “package” in the Package Travel Regulations.

‘Package Travel Regulations’ means The Package Travel and Linked Travel Arrangements.

‘Service’ means a service offered by the Suppliers on the Website, such as transport services, accommodation services, car hire services, rail transport services, holiday activities, insurance and package holidays.

‘Supplier’ means a supplier of Services, such as a hotel, tour operator, car hire company, or Destination Service supplier.

‘Website’ means any of the websites managed by Relaxdefender, Unipessoal: www.becooltravel.com, www.portugal-walking.com, www.walking-portugal.com, www.algarve-birdwatching.com, www.algarve-walking.com.

1.2. Scope and your relationship with BeCool Travel

These General Terms and Conditions apply to offering of the Services by BeCool Travel. BeCool Travel operates the Website which acts as an interface between you and the various Suppliers offering the Services.  When you make a booking for a Service using the Website, you will be entering into a contract within the relevant Supplier of that Service.

These General Terms and Conditions are subject to the Suppliers’ Cancellation Policies which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is your responsibility to familiarize yourself with the Suppliers’ Cancellation Policies and any third party booking service supplier’s terms and conditions.

The General Terms and Conditions can be changed by BeCool Travel at any time without prior notice, although such changes will not apply to bookings that have already been accepted by BeCool Travel on behalf of the Supplier(s) concerned. It is therefore essential that all Customers read, save and/or print a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.

BeCool Travel offers the travels as a travel agent. The travel contract is concluded with the local organiser, whereby the travel terms and conditions may deviate from the BeCool Travel Terms and Conditions of Travel. Travelers are able to obtain any and all information required in this context and which is adjusted to the relevant travel prior to concluding a contract.

Together with the attached privacy policy, the information about the procedure to settle consumer disputes and the corresponding legal provisions, the terms and conditions of travel hereinafter will become part of a travel contract concluded between the traveller and BeCool Travel.

 

Article 2. Booking via the Website

2.1. The Customer’s legal authority

The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Suppliers.

The Lead Customer must be at least 18 years old, be legally authorized to enter into contractual obligations at the time of booking, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions.

The Lead Customer must also ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these General Terms and Conditions and that the Lead Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all Customers in the booking.

The Lead Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.

The Lead Customer agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

The Lead Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.

Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the Services offered by BeCool Travel and the Suppliers or to the other functionalities of the Website.

2.2. Confirming and cancelling bookings 

2.2.1 Confirming

The Booking Confirmation, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Lead Customer by e-mail. If the Lead Customer does not receive a Booking Confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services at reservas@becooltravel.com.

It is expressly agreed that the data stored in the information systems of BeCool Travel, and / or its Suppliers shall constitute proof with respect to the bookings made by the Lead Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.

2.2.2 Cancellation

Cancellations can be made by email for reservas@becooltravel.com.

All such requests will be dealt with on behalf of the Suppliers concerned. Customers do not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their Cancellation Policy.

In the event of cancellation or partial cancellation of a booking by the Lead Customer, charges may be imposed by the applicable Suppliers according to the Cancellation Policy on each product/service.

A fee may be imposed by the applicable Supplier in the event of a cancellation to a booking – please refer to the Cancellation Policy notified in the booking process for more details.

If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the Cancellation Policy of the applicable Suppliers as notified in the booking process.

If a Customer wishes to cancel any part of a booking, and if such cancellation is permitted by the applicable Supplier, BeCool Travel will not apply any cancellation administration fee.

BeCool Travel reserves the right to cancel a Customer’s booking if full payment for the booking, or any applicable cancellation fee relating to a booking, is not received in a timely fashion.

2.2.3 Change of booking

Alterations are not possible after the booking is complete and fully paid by the Customer. Please contact our services through email: reservas@becooltravel.com

2.2.4 Reimbursements

In the event of a refund to the Customer after a cancellation, the relevant amounts will be transferred back by the party that took the original payment (such as BeCool Travel, a Supplier, or such other party as may appear on Customer’s credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note refunds may take up to 3 months.

2.3. Travel documents

The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Lead Customer when making his / her reservation.

If the delivery of travel documents is impossible because of an error made by the Lead Customer in providing his / her personal details, neither the Supplier nor BeCool Travel shall be liable.

2.4 Methods of Payment

Bookings from Becool Travel are processed with Paypal (see here how to book and pay).

If you don’t have a PayPal account, you can still checkout by entering your credit card data directly at PayPal to complete your payment (see instructions here).

The amount presented at the checkout is the exact amount charged to the customer, without any extra fees.

For purchases outside BeCool Travel’s site, guests may have other payment methods available, depending on the supplier.

Article 3. Specific Services

BeCool Travel operates the Website, which acts as an interface between the Customer and the Suppliers with respect to offering and supplying all Services.

The purpose of this Article 3 is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer’s information. These details are not exhaustive and do not replace the Suppliers’ Cancellation Policies. In the event of any conflict or inconsistency between these General Terms and Conditions and the Supplier’s Cancellation Policies or any third party booking service supplier’s terms and conditions, the Supplier’s Cancellation Policies or the third party booking service supplier’s terms and conditions will prevail. The Cancellation Policies of Suppliers are made available prior to making a booking.

Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of BeCool Travel.

3.1. Accommodation services

Accommodation may be offered separately or as part of a Package Holiday. The accommodation services, whether booked separately or as part of a Package Holiday, are subject to the Cancellation Policies of the Suppliers offering the accommodation which will be made available before booking and the provisions under this Article 3. The Supplier’s Cancellation Policies may include restrictions on and/or charges for cancellation and/or changes imposed by the Suppliers.

All bookings will require that the Lead Customer’s credit card or PayPal account is charged for the full payment upon reservation. Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.

If a Customer does not show for the first night of the reservation and plans to check-in for subsequent nights in the reservation, the Lead Customer must confirm the reservation changes with BeCool Travel no later than the original date of check-in to prevent cancellation of the whole reservation. If the Lead Customer does not confirm the reservation changes with BeCool Travel the whole reservation may be cancelled and refunds will only be due to the Customer in line with the Cancellation Policies of the applicable Supplier as notified in the booking process.

Any Customer who does not cancel their reservation before the cancellation policy period applicable prior to the date of arrival will be subject to the charges shown in the Cancellation Policies.

Customers should note that some suppliers do not permit cancellations of reservations after they are made and these restrictions are shown in the Cancellation Policies for the given Holiday Package / Hotel.

3.2. Use of rooms

The Customer is reminded that, in general, rooms are only available from 14:00 and have to be vacated by 12:00, irrespective of the time of arrival or departure or the means of transport used.

Single rooms generally have twin beds (one bed) and a supplement is often payable for superior rooms (these rooms). Double/Twin rooms (Double rooms) usually have either two single beds or one double bed.

3.3. Hotel Classification

The indication of the comfort level given to hotels in the descriptions on the Website corresponds to a classification based on local standards in that country. This classification is provided only as an indication. Customers should be aware that standards can vary between hotels of the same class in different countries, and even in the same country. It is important to read carefully the individual hotel descriptions. Accommodation in all hotels, whatever the rating, is in standard rooms unless otherwise stated.

It is possible that, from time to time, for operational reasons (for example a hotel is overbooked due) or for reasons of force majeure (for example a hotel is closed due to a hurricane), a hotel booking is cancelled by the accommodation Supplier. Should such events occur, BeCool Travel will make all reasonable efforts to notify the Customer of this as soon as possible and where possible will offer alternative accommodation in a hotel with at least the similar range services.

3.4. Activities

It is possible that, from time to time particular activities offered by the Suppliers that are shown in the description of the Holiday Package /Holiday activities on the Website are cancelled, for example as a result of weather conditions or other reasons beyond the Supplier’s reasonable control, or if the required number of participants for the activity is not achieved.

Where Holiday Package is concerned, the sequence of the various activities/attractions is shown only as an indication. This can be changed by the Suppliers.

3.5. Meals

If meals are part of an accommodation package, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the accommodation package. Accommodation which includes main meals generally commences with dinner on the day of arrival at the hotel and terminates with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refunds will be made.

The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself / herself.

Parents are advised to bring special food for their baby with them, as this is not always available locally.

3.6. Taxes

The local authorities in certain countries may impose additional taxes (tourist tax, etc.), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.

3.7. Car hire

Car hire services are offered separately or as part of a Package Holiday. These car hire services, whether booked separately or as part of a Package Holiday, are subject to the Cancellation Policies of the respective Supplier (car hire company) and the provisions under this Article 3.

3.7.1. Method of payment

The Customer making the booking must present a valid card in her/his name upon pick up of the hire vehicle. Debit cards are not accepted and the Customer must check which credit cards are accepted by the Supplier.

The Supplier may submit an authorization request to the credit card company during the period of car hire by way of a deposit held by the Supplier. The Customer must therefore contact his / her credit card company to ensure the payment card limit is suitable for this purpose. Some larger car types require two credit cards.

If the Customer does not comply with the terms set out in this Article 3.7.1, the Supplier may not make the vehicle available and the full price of car hire will still be charged.

3.7.2. Supplements

Additional charges may be payable locally such as refuelling, additional driver charges and young driver surcharge. The Customer acknowledges that in no event shall BeCool Travel and/or its Suppliers be liable for such additional charges as detailed or otherwise.

An excess amount may be applicable in the event of theft or damage to the hire car. This will vary depending on the Supplier and country of rental. Purchase of an optional additional insurance coverage locally (called super CDW or super TP) will remove/reduce the excess applicable. The Customer acknowledges that in no event shall BeCool Travel or its Suppliers be liable for such excess or provision of additional insurance coverage as detailed or otherwise.

Petrol is not usually included in the hire tariff. For the hire of vehicles in certain countries, certain Suppliers automatically add charges for filling the fuel tank when the vehicle is returned. In addition, certain Suppliers charge a supplement if snow tires are used.

Unless agreed otherwise, the Customer must return the vehicle to the branch of the Supplier from which it was collected. If the Customer does not comply with this, the Suppliers may charge an additional surcharge.

Special equipment, such as child seats, can be requested, and will be payable directly to the Supplier upon pick up (if available).

3.7.3. Collection / use of the vehicle

Drivers must usually be aged between 21 and 75 although this can vary between Suppliers and from country to country. It is the Customer’s responsibility to check this with the Supplier. Additional charges may also apply if any driver is aged below 25 or over 70.

All drivers must present a full valid driving license in their name for the category of vehicle rented when taking delivery of the hire car. International rentals may have different driving license requirements. An international driving license is required if the drivers’ license is not in the Roman alphabet. Additional documentation such as a passport or up to two forms of proof of name and address may also be required. Customers should check the Cancellation Policies of the Supplier offering the car-hire for details of all applicable criteria for booking car-hire.

The Customer is reminded that some Suppliers do not permit the rented vehicle to be used outside the country in which it has been rented. And if permitted extra fees may apply, please check in the car pick up.

3.7.4. Cancellation of bookings / unused rental days

No refunds will be offered on bookings cancelled within 24 hours to pick up time or any unused rental days, and the supplier Cancellation Policies will prevail over this rule.

3.8. Holiday Activities

Holiday Activities may be offered separately or as part of a Package Holiday at the time of booking. These Services are subject to these General Terms and Conditions and the Cancellation Policies of the Suppliers offering the Holiday Activities. The Holiday Activities are not usually transferable, nor eligible for refunds or changes (unless cancelled by the Supplier).

3.8.1. Refund and cancellation of Holiday Activities

It is possible that, occasionally, Holiday Activities offered by the Suppliers on the Website are cancelled for reasons such as weather conditions, or other reasons beyond the reasonable control of the Supplier, or if the required number of participants for the activity is not achieved. In these circumstances, Customers should refer to the relevant Supplier’s Cancellation Policies in relation to refunds.

3.9. Package Holidays

A Package Holiday, in general terms, exists when you make a single booking which includes a combination of services according to a defined program.

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via BeCool Travel, you will NOT benefit from rights applying to Package Holidays.

Package Holidays made available on the Website are supplied by a third party Supplier. Customers must read the terms and conditions of this Article and the Cancellation Policies of the Suppliers before booking. If there is any inconsistency between the terms of this Article and the Cancellation Policies of the Suppliers, the Cancellation Policies of the Suppliers shall prevail.

3.9.1. Reservations and bookings

All bookings for Package Holidays are subject to availability at the time of booking. Acceptance by the Supplier of reservations made by the Customer will depend on availability of the Package Holidays. Suppliers do not have to give reasons for refusing to accept a reservation.

A contract will only come into existence between you and the Supplier when you have paid the price payable on booking and we have issued a Booking Confirmation to you. Acceptance by the Supplier is formalized by sending a Booking Confirmation e-mail to the Lead Customer within 24 hours of a booking being placed by the Lead Customer.

3.9.2. Prices

We advertise a large number of Package Holidays and we try hard to ensure that the advertised price is always accurate. Despite BeCool Travel best efforts, some of the Services listed on the Website may be incorrectly priced.

BECOOL TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE.

The Suppliers are under no obligation to supply you with a Package Holiday which is incorrectly priced, even after we have issued the Booking Confirmation, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.

The trip descriptions on the Website specify the Services included in the price for each trip. Prices are shown in Euros.

The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.

Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.

If BeCool Travel and/or the Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, without prejudice to any action that might be taken against him / her.

3.9.3. Cancellation and changes by the Customer

Requests by the Customer for cancelling a trip must be submitted by email to reservas@becooltravel.com. Such requests will be dealt with on behalf of the Suppliers concerned.

In the event of cancellation of the Package Holiday booking by the Customer, BeCool Travel and the Supplier can require compensation to cover the costs of the travel arrangements already made. In addition to this, a standard cancellation charge may be made by the Suppliers of each element of the Package Holiday in respect of each cancellation. Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking.

In addition to the cancellation right set out above, you shall have the right to cancel your booking before the start of the Package Holiday without paying any cancellation charge in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity, if we have confirmed to you that the event will significantly affect the performance of the Package Holiday, or will significantly affect the carriage of passengers to the destination. If you cancel in this circumstance, we shall provide the refund given from our suppliers and pass them into you for any booking made, but you will not be entitled to compensation or any of the rights set out in Article 3.9.9 below.

If the Customer does not present himself / herself at the departure of the trip and/or fails to use some or all of the Services booked, refunds will only be awarded to the Customer in line with the Cancellation Policies of the applicable Suppliers as notified in the booking process.

Please note that Package Holidays are subject to the Cancellation Policies of the Supplier and separate cancellation charges imposed by the Supplier may apply.

You may transfer your Package Holiday to another person who satisfies all the conditions applicable to the Package Holiday, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days or more before departure shall be considered to be reasonable. BeCool Travel will seek to help with the name transfer, but note that where the Package Holiday includes a flight, depending on the airline’s Cancellation Policies, this may amount to a flight cancellation and rebooking (with a 100% cancellation charge).

3.9.4 Cancellation and changes by BeCool Travel before travel

3.9.4.1 Changes by BeCool Travel before travel

As the arrangements which make up your Package Holiday are planned many months in advance, from time to time BeCool Travel may need to make a change to your Package Holiday. BeCool Travel reserve the right to do so at any time. Most changes are minor changes, however, occasionally BeCool Travel will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Package Holiday, or where it cannot fulfil any of your special requirements which it has accepted.

In the unlikely event that BeCool Travel has to make a significant change to your Package Holiday, we will tell you as soon as reasonably possible. You will then have the option to:

(a) Accept the proposed change.  If this results in a Package Holiday of lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below;

(b) Reject the proposed change and terminate your Package Holiday with a full refund; or

(c) Reject the proposed change, terminate your Package Holiday and take an alternative one if we decide to offer this. If you decide to take an alternative Package Holiday, we will inform you of its impact on the price of your booking.  If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below.

BeCool Travel will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the change. If you do not confirm within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package Holiday and provide you with a refund.

If you decide to reject the proposed change and terminate your Package Holiday with a full refund, you may also be entitled to compensation in accordance. This will usually be as outlined in the table below, unless the change is as a result of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.

Please note:

In the event of more than one significant change to the Customer’s Package Holiday BeCool Travel will only pay compensation in respect of a single change per full fare paying adult.

BeCool Travel will pay compensation dependent on the time before their departure that BeCool Travel notifies the Customer about the change.

Compensation Table
Time before departure date (days) Compensation (€)
60+ 0
60-42 10
41-28 20
27-15 30
14-0 50

We may not give you any of the above options in the event that a change to the purchased Package Holiday is a minor change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the departure time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, a change of accommodation to another of the same or higher standard, or a time change of activity qualify as minor changes.

3.9.4.2 Cancellations by BeCool Travel before travel

On rare occasions, BeCool Travel may have to cancel your Package Holiday and it reserves the right to do so.  If we have to do so, we will notify you as soon as possible.  BeCool Travel may (at its discretion) also offer you an alternative Package Holiday if it is able to do so, and inform you of its impact on the price of your booking.  If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.9.9 below. If BeCool Travel cannot offer you an alternative, or even if you just prefer, it will provide you with a full refund of any payments made for the Package Holiday.

You may be entitled to compensation as a result of our cancellation of your Package Holiday in accordance with Article 3.9.9 below, except where BeCool Travel is prevented from providing the Package Holiday because of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.

3.9.5 BeCool Travel’s responsibility for the performance of the Package Holiday

BeCool Travel does not itself own or provide any of the Services, facilities or travel arrangements which make up your Package Holiday. These are provided by Suppliers which BeCool Travel arranges to provide the Services, facilities or travel arrangements which make up your Package Holiday. BeCool Travel has a legal duty to exercise reasonable skill and care in making the arrangements for the Suppliers to provide the Services, facilities and travel arrangements to you.

You must tell us immediately of any problem or improper performance of your Package Holiday. This will give BeCool Travel the opportunity to resolve the issue whilst you are on your Holiday. However, these rights will not arise if remedying the issue is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with Article 3.9.9.

If a significant proportion of the Services included in your Package Holiday cannot be provided as agreed in the booking, BeCool Travel shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Package Holiday. If the alternative arrangements available are of lower quality you will be entitled to a price reduction as described in Article 3.9.9 below. You may only reject the alternative arrangements offered to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if BeCool Travel is not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Article 3.9.9.

If BeCool Travel is unable to ensure your return to your place of departure as agreed in your Package Holiday because of Unavoidable and Extraordinary Circumstances, it shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package Holiday.

If a longer period of accommodation than that referred to above is provided for in EU passenger rights legislation concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.

3.9.6 Supplier Cancellation Policies

BeCool Travel works with Suppliers of travel products such as rent-a-cars, tour operators and hotels, but does not control these Suppliers. The Services are subject to the Cancellation Policies of the Suppliers offering the Services. The Cancellation Policies of Suppliers of transport services and accommodation services are made available prior to making a booking.

3.9.7 Unforeseen and Extraordinary Circumstances

In these General Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken. This may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.

3.9.8 Assistance in resort

3.9.8.1 Assistance when Customer is in difficulty

BeCool Travel shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, BeCool Travel does not charge for this assistance, although it does reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.

3.9.8.2 Resolving disputes at the resort

If there is a problem with your Package Holiday during your trip, please immediately inform both us (via email reservas@becooltravel.com) and the relevant Supplier (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Supplier so we can both help to put things right without delay.

If your Booking Confirmation does not refer to a local representative, please contact BeCool Travel directly to report any problems for reservas@becooltravel.com. Quote in any case the Booking reference, the destination and the dates of travel.

BeCool Travel, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.

3.9.8.3 Resolving disputes after your holiday

However, if your complaint is not resolved locally, please follow this up within 30 days of your return home by emailing us (reservas@becooltravel.com) at the details set out above, giving your booking reference and all other relevant information. Please keep your letter concise and to the point.

You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

The consumer can also resort to an alternative third party entity for resolution, like the: Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (http://www.consumoalgarve.pt).

At Livro de Reclamações Electrónico (http://www.livroreclamacoes.pt) you can submit a complaint and / or request practical information about your consumer rights.

Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.

3.9.9 BeCool Travel’s obligation to provide a price reduction and/or compensation for damages

You will be entitled to an appropriate price reduction from BeCool Travel for any period during which there is a problem, unless the problem is attributable to you.

You shall be entitled to receive appropriate compensation from BeCool Travel for any damage you sustain as a result of a problem except where the problem is:

(a) Attributable to you;

(b) Attributable to a third party unconnected with the provision of the Services included in the Package Holiday and is unforeseeable or unavoidable; or

(c) due to Unavoidable and Extraordinary Circumstances.

BeCool Travel shall not be liable to pay compensation to you in connection with your Package Holiday where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of its Suppliers. These same limitations will apply to BeCool Travel and in an identical manner as if such limitations applied directly to BeCool Travel. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. BeCool Travel shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package Holiday.

BeCool Travel’s liability will also be limited in accordance with the Cancellation Policies of the Suppliers of your Package Holiday and in an identical manner as if such limitations applied directly to BeCool Travel.

BeCool Travel’s liability to you in connection with your Package Holiday shall be limited to a maximum of three times the cost of your Package Holiday, except in cases involving death, injury or illness where we or its Suppliers have caused such damage intentionally or with negligence.

If you are granted compensation or a price reduction by another party in relation to the same problem which you claim compensation or a price reduction from BeCool Travel, then it may deduct the compensation or price reduction you receive from the other party from that which is payable by BeCool Travel.

Except as set out above, BeCool Travel accepts no liability for any claims, losses, expenses, damages or liability for your Package Holiday, except in cases involving death, injury or illness where BeCool Travel has caused such damage with negligence.

3.9.10 Lapsing of liability and limitation complaints period

Claims based on implementation of the trip not being in accordance with the contract should be submitted within 30 days of the contractually-scheduled end of the trip. In that case, contact reservas@becooltravel.com. Claims should be made in writing, in Customer’s own interest. The limitation period begins on the day on which the trip should end, based on the contract.

3.9.11 Accessibility and reduced mobility

Not all Package Holidays are suitable for customers with reduced mobility. We recommend that you contact us to discuss whether a travel product would be suitable for your particular needs so we can provide support before you complete your Package Holiday booking.

 

Article 4. Self-Guided Holidays

Your Self-Guided Holidays booking is accepted on the understanding that you realise and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday or other group members’ enjoyment of it, before you book your holiday.

If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. You are responsible for bringing with you the proper clothing and equipment, which we advise you about in the Annex below.

BeCool Travel does not itself own or provide any of the Services, facilities or travel arrangements which make up your Self-Guided Package Holiday. These are provided by Suppliers which BeCool Travel arranges to provide the Services, facilities or travel arrangements which make up your Package Holiday. BeCool Travel has a legal duty to exercise reasonable skill and care in making the arrangements for the Suppliers to provide the Services, facilities and travel arrangements to you.

The following conditions are specific to Self-Guided Tours, any other subject not laid out here is subject to the general conditions.

4.1. Itinerary

Any deviations from the described itinerary are possible for reasons of organisation (e.g. road blocks, closures of companies); however, they will not affect the type and scope of the travel.

Safe routes with minor traffic are privileged when organising the itinerary. However, routes on roads with major traffic cannot be fully avoided sometimes. All information on kilometers shall be deemed to be estimates and may differ from the actual length of the route.

4.2 Accommodation

The accommodation offered will be chosen with the greatest care within the classifications stated in the travel specifications. Any deviations within a classification may not be fully excluded, however, in general, may be compensated by other qualities. In this sense, we expressly reserve the right of deviations from hotels given as an example.

4.3 Price

The travel price shall be in Euro /EUR and per person in a double/twin room. The first day of the basic package will be relevant for the season price. Any booked additional nights must be purchased separately. Please refer to any exceptions and/or additions in the relevant travel description and also in the travel confirmation/invoice.

4.4 Cancellation

Prior to the commencement of the journey, the Customer may withdraw from the contract at any time. The withdrawal shall be made in writing. In the event of a withdrawal (= cancellation) or if the traveller does not show up (no show), the following cancellation fees (= compensation for the travel operator) will be set off.

Cancellation fees (= compensation) for self-guided holidays:

  • Up to 45 days prior to the commencement of travel: 50% of the travel price (= invoice amount),
  • From the 30th day prior to the commencement of travel: 100% of the travel price
  • “No show” or travel interruption: 100% of the travel price

– A cancellation fee of 100% if booking is cancelled 30 days or less before the event. We will charge a cancellation fee of 50% if booking is cancelled 45 days or less before the event.

These are general conditions for Self-Guided cancellations – some providers may have different policies. Please refer to each tour description.

4.5 Extras

Children accompanying their parents as third person with occupation of a double/twin room by two adults paying the full price must be confirmed prior to booking, as some hotels do not have facilities to accommodate children (or are adult’s only properties).

All costs incurred on site, if any (accommodation / board for children, visitors’/ place-related taxes and/or city taxes, accommodation / board / cleaning service for dogs, if any) as well as excluded transport and services will be referred to in the individual travel description.

4.6 Language

To the extent that this is relevant for rendering the services, we refer to the language in which the described services are rendered (EN, DE, or other when available), prior to a binding booking.

4.7 Refunds

Should the Customer not make use of the services included in the travel price and provided for use (e.g. ship/train fares, airport transfers, entrance fees etc.), then they will not be entitled to a partial refund of the travel price.

4.8 Customer responsibility

It is in the customers’ own area of responsibility that they can cope with the requirements of active travel with regard to their health (e.g. physical activity over a period of several hours). The offered travel is unfortunately not suitable for travellers with reduced mobility.

Customers are responsible for their own compliance with the respectively applicable road traffic regulations. Particularly the suitability of equipment brought for the offered travel shall be clarified at the customers’ own responsibility (e.g. brought bikes owned by the customers on non-sealed road sections, lights etc.). We do not assume any liability for damage on customer’s own bikes caused by the itinerary.

The customers is in general responsible for their own compliance with all passport, customs and health regulations.

During the duration of travel, the customers will be liable for any damage or loss caused to the equipment provided to them by the suppliers.

4.9 Luggage & Equipment transfer

Should luggage be lost or damaged during the luggage transfers included in the Self-Guided tour description, then the supplier will be liable only if this was caused by the supplier and was reported immediately after its occurrence, however, only up to a maximum of EUR 200 per person. It is not assumed liability for the following: items which usually are not transported in luggage (e.g. laptops or other electronic devices); means of payment of any kind; visible damage and damage at handles and rolls; damage to luggage whose total weight exceeds 20 kg.

The transport of bikes owned by customers will be possible at the customers’ own risk only, both during travel and transfers. The fixed settings at the bicycle trailers are usually set for the bikes used by the operator so that even with the greatest care, circumstances may occur (e.g. loosening of the mounting), which can result in minor damage, particularly paint defects. For this reason, any liability can be assumed for any damage caused during transport. This limitation of liability shall also apply to externally commissioned carriers. When selecting accommodations, BeCool Travel pays attention to safe bike parking areas. However, we are unable to guarantee separate lockable bicycle garages all the time. Both hire bikes and your own bikes must always be parked in a way that they are well protected and locked. Should your own bike be stolen, BeCool Travel accepts no liability whatsoever.

4.10 Insurance

In order to insure customers against any types of risks, travel cancellation insurance, including a travel interruption insurance and insurance for the transport of bikes owned by customers should be taken out, if any.

4.11 Travel documents

The customer shall inform BeCool Travel immediately if they have not received the required travel documents by the eighth day prior to the commencement of the journey (please find the contact details of the contact person on the booking confirmation/invoice), unless there is specification that those documents will be delivered on spot upon arrival.

Article 5. Guided Group Holidays (Active and Nature Holidays)

BeCool Travel does not itself own or provide any of the Services, facilities or travel arrangements which make up your Guided Group Package Holiday. These are provided by Suppliers which BeCool Travel arranges to provide the Services, facilities or travel arrangements which make up your Package Holiday.  BeCool Travel has a legal duty to exercise reasonable skill and care in making the arrangements for the Suppliers to provide the Services, facilities and travel arrangements to you.

The following conditions are specific to Guided Group Holidays, any other subject not laid out here is subject to the general conditions.

5.1 Tour Leader authority

Booking a place in a Guided Group Holiday with us and accepting our terms signify your agreement to abide by the authority of the leader, who represents BeCool Travel. The decision of the leader as to the conduct, itinerary and objectives of the tour is final. If, in the opinion of the leader, your behaviour or physical condition is detrimental to the safety, welfare and well-being of the group as a whole (which are the paramount considerations), or if the leader considers your general wellbeing will be put at risk by continuing with the holiday, you may be asked to leave the tour without the right to any refund for unused services.

5.2 Customer Responsibility

Your booking is accepted on the understanding that you realize and accept the risks and hazards potentially involved in adventure holidays and that you are mentally and physically capable of undertaking your chosen trip. You must tell us if you have an existing medical condition or disability that might affect your holiday or other group members’ enjoyment of it, before you book your holiday.

If, in our reasonable opinion, your chosen holiday is not suitable for your medical condition or disability we reserve the right to refuse your booking. We reserve the right to cancel the contract if medical problems are discovered and, in this eventuality, we will give a full refund but no compensation. If you are unable, or choose not to complete an itinerary outlined for a holiday, BeCool Travel is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group.

When you book your holiday with us, you accept responsibility for the proper conduct of all members of your party during your holiday. Bookings can only be accepted from persons under 18 years of age when accompanied by an adult who will be responsible for them and accompany them on all holiday activities. You agree to accept the authority and decisions of our staff and tour leaders whilst on a holiday booked with BeCool Travel.

If in the reasonable opinion of any such person(s) or any other person in a position of authority (such as, for example, a boat pilot, a bus driver or hotel manager), your health, mobility, level of fitness or conduct at any time before or during a holiday is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the company) or the safe, comfortable or happy progress of the holiday, you may be excluded from all or part of the holiday. In such circumstances full cancellation charges will apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation and return travel arrangements) you may incur as a result of your holiday arrangements being terminated.

If you cause damage to the accommodation in which you are staying or vehicle in which you are travelling you must fully reimburse the accommodation or transport supplier concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must indemnify us for the full amount of any claim (including legal costs) made against us by the accommodation supplier or any third party as a result. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions.

You must comply with a non-smoking policy whilst travelling, when dining as a part of a group, during group meetings and if sharing a room with an independent traveller.

The customer is in general responsible for their own compliance with all passport, customs and health regulations.

You are responsible for bringing with you the proper clothing and equipment, which we advise you about in the Annex below.

5.3 Safety on Tour

Safety of our customers is paramount and we do monitor local events and conditions. If the tour supplier feels it is necessary to modify an itinerary it will be done and naturally advise you immediately, although this is rare. Every attempt will be made to safeguard your holiday arrangements.

You should be aware of potential hazards as walking amongst mountains, hills and even in cities does involve an element of risk. Terrain underfoot can vary and you may find walking poles a great aid to mobility and they take some strain off the knees.

As the tour leader is responsible for the safety of all group members, he or she may adopt a more cautious approach depending on local conditions.

Do be aware that itineraries planned for some tours may be varied on the spot because of unexpected events such as weather conditions.
The final decision for any change rests with our Leader.

We cannot be held responsible for disruption to planned itineraries arising from weather conditions or other situations beyond our control. Every effort will be made to provide alternative activities and to ensure that you have the best possible Tour.

Participants agree not to hold the organizer responsible for any loss, injury or damage to any person, property or otherwise in connection with any accommodation, transportation or resulting from any Acts of God, dangers, incident at sea, fire, breakdowns in machinery or equipment, act of governments authorities, de hure or de facto, wars declared or not, hostilities, civil disturbances, strikes, riots, thefts, pilferage, epidemics, quarantines, medical or customs regulations, defaults, delays, cancellations or any causes beyond our control, for any loss or damage resulting from improperly issued visas or other documents, and that our or its staff will not be responsible for any additional expenses or liability sustained for or incurred by the tour participant as a result of any of the forgoing clauses.

5.4 Insurance

It is a term of booking that you obtain adequate holiday insurance to undertake the holiday by the date your holiday arrangements commence.

It is your responsibility to check that your policy is adequate for the nature of the holiday booked. Policies should include, as a minimum, cover for medical expenses, mountain rescue including helicopter rescue, death, repatriation, cancellation and curtailment and not include exclusion clauses limiting cover for the activities included and altitudes reached in the holiday arrangement. You must carry proof of insurance with you and be able to produce it when arriving to your Guided group tour.

No refunds will be made should you be refused participation and excluded from the holiday through being uninsured or you being unable to demonstrate that you are insured.

5.5. Itinerary

The unpredictability of nature and adventure travel means that the itineraries put forward for each Guide group holidays should be seen as statements of intent, rather than as contractual obligations.

Any deviations from the described itinerary are possible for reasons of organization (e.g. road blocks, closures of companies); however, they will not affect the type and scope of the travel.

Safer routes with minor traffic are privileged when organizing the itinerary. However, routes on roads with major traffic cannot be fully avoided sometimes. All information on kilometres shall be deemed to be estimates and may differ from the actual length of the route.

5.6 Accommodation

The accommodation offered will be chosen with the greatest care within the classifications stated in the travel specifications. Any deviations within a classification may not be fully excluded, however, in general, may be compensated by other qualities. In this sense, we expressly reserve the right of deviations from hotels given as an example.

5.7 Price

The travel price shall be in Euro /EUR and per person in a double/twin room. Any booked additional nights must be purchased separately. Please refer to any exceptions and/or additions in the relevant travel description and also in the travel confirmation/invoice.

5.8 Cancellation

Prior to the commencement of the journey, the customers may withdraw from the contract at any time. The withdrawal shall be made in writing. In the event of a withdrawal (= cancellation) or if the customers does not show up (no show), cancellation fees (= compensation for the travel operator) will be set off, and vary according to the tour and supplier. Please refer to each tour description for the cancellation conditions.

5.9 Travelling with Children

For our travels offered, children accompanying their parents as third person with occupation of a double/twin room by two adults paying the full price must be confirmed prior to booking, as some hotels do not have facilities to accommodate children (or are adult’s only properties). This does not apply to Family tours.

5.10. Extras

All costs incurred on site, if any (accommodation/board for children, visitors’/place-related taxes and/or city taxes, accommodation/ board/ cleaning service for dogs, if any) as well as excluded transport and services will be referred to in the individual travel description.

5.11 Refunds

Should the customers not make use of the services included in the travel price and provided for use (e.g. ship/train fares, airport transfers, entrance fees etc.), then they will not be entitled to a partial refund of the travel price.

 

Article 6. General Dispositions

6.1. Travel destinations

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. BeCool Travel advises Customers to review any travel prohibitions, warnings, announcements and advisories.

By offering travel to particular international destinations, BeCool Travel does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for damages or losses that may occur from travel to such destinations.

6.2. Prices

The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated above. The Customer will be notified of all applicable charges at the time of booking. Despite BeCool Travel best efforts, some of the Services listed on the Website may be incorrectly priced.

BeCool travel expressly reserves the right to correct any pricing errors on our website and/or on reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

BeCool Travel is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.

6.3. How our sort order is determined

Customers have many options to help them find the perfect hotel, package, car rental or activity. The “sort” settings allow travellers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow Customers to include or exclude various options to suit their travel needs.

6.4. Photographs and illustrations

BeCool Travel does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.

6.5. Insurance

The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer’s responsibility to ensure any insurance policy taken out is adequate to cover their requirements.

You must be adequately insured to join our Guided Group Holidays and Self-Guided holidays.

Article 7. Financial conditions and payment procedures

7.1 Local taxes and payments

Unless specified otherwise in the Cancellation Policies, the prices of the Services shown on the Website are expressed in Euros, excluding local taxes imposed by the authorities in some countries.

The price of Services booked on the Website must be paid to BeCool Travel which will accept such payments on behalf of the Suppliers.

The Customer shall provide the details of his/her payment card and BeCool Travel will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card).

BeCool Travel is located in Portugal. Please request your invoice, issued by RelaxDefender, Unipessoal, VAT PT514463570.

Article 8. BeCool Travel’s liability

The Customer accepts that where BeCool Travel acts as an interface between the Customer and the Suppliers, BeCool Travel will under no circumstances be held liable with respect to Services the Customer has booked with one or more Suppliers. BeCool Travel is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.

The information displayed on this Website has been provided by the respective Suppliers, and BeCool Travel does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.

Customers should note that all hotel ratings shown are intended as guidance only and may not be an official rating. BeCool Travel does not accept any liability in relation to the ratings shown.

Article 9. Disclaimer

Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that BeCool Travel will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer’s use of links from the Website. The exclusions and limitations contained in this Article apply only to the extent permitted by law.

Article 10. Applicable law

These General Terms and Conditions are governed by the laws of Portugal. In the rare event of litigation, the consumer can resort to an alternative third party entity for resolution, like the: Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve (www.consumoalgarve.pt).

At Livro de Reclamações Electrónico (www.livroreclamacoes.pt) you can submit a complaint and / or request practical information about your consumer rights.

Article 11. Final Provisions

If BeCool Travel does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.

If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.

Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.

 

These General Terms and Conditions come into force on 30 June 2019.