Morus Rubra, Ltd is a travel agency, registered in the Commercial Register of Lisbon with the collective person number 510 174 450, RNAVT n.º 4493 and RNAAT 95/2012.
1.1 These General Conditions contract intended to establish the terms and conditions that govern the provision of travel service provided by Morus Rubra, Ltd as a complement of any Special Conditions agreed between the customer and Morus Rubra.
1.2 The terms in the Particular Conditions, if any, shall prevail over the provisions of these General Terms. Prevail over all, any additional stipulations written, specially agreed between the customer and Morus Rubra.
1.3 The services and products are offered to the customer under the terms and conditions expressed here.
1.4 When engaging with Morus Rubra, customer acknowledges and accepts all terms and conditions.
2 . Reservations
2.1 To reservations, service fees, reservation changes and other services will be applied the constant value of the tables that they are in effect in each moment, available for inspection at the head office, plus the amounts charged by providers, particularly in case of changes.
2.2 The standard form for reservation or service request should contain all the necessary elements for processing the same.
2.3 The prices specified in 3.1. are due to each booking request, provide services or goods and products supply and will be debited to the customer upon acceptance of booking, provide services or supply of goods and products by Morus Rubra.
2.4 The prices specified in 4.1, will not be repaid to the customer in case of no use or pleasure of the good or service reserved, as well as for any other reason not attributable to Morus Rubra.
3. Airport taxes. VAT Tax
3.1 The payment of airport charges must be made by the customer upon purchase of travel or, locally, at airports where required, what may vary according to the destination. In any case, Morus Rubra informs the customer, on registration moment, about the form of payment of such fees.
3.2 The VAT Tax, applicable at the time of the trip, is included in the price of the service.
4.1 After express confirmation, by Morus Rubra, of all the conditions for the services to be provided on the trip, the customer should liquidate 100 % of the total price of the same.
4.2 Any change to contracted services, by customer’s request, Morus Rubra reserves the right to charge a change fee, pursuant to the provisions on point 4.1 below.
4.3 Without prejudice to the amount payable by the Customer, for expenses to be incurred with the necessary booking for confirmation of the services required, which must be added to the price of the trip, the customer is still obligated to pay all cancellation charges according to the point 10 of these General Conditions, if it would give up the trip.
4.4 Morus Rubra reserves the right to cancel any reservation for which payment has not been effected under the above conditions.
5.1 Whenever the customer, subscribed to a particular journey, want to change his registration to another trip or to the same on a different date departing, or any other change, and since the journey suppliers so permit , customer shall pay the rate of change and respective costs.
However, when the change takes place 21 days, or less, prior to the departure date of the trip for which the client is registered, or if service providers do not accept the amendment, the customer is subject to the fees and charges provided in point 10 above.
5.2 For each change (names, dates , type of accommodation), it reserves the right to charge a fee of € 10.00 service.
5.3 Once you start your trip , if requested a change to the services contracted for reasons not attributable to Morus Rubra ( eg expansion of nights stay and/or services, flight change, among others) the prices of tourist services may not match those published in brochure which led to the hiring.
6.1 After the start of the stay will not be due any refund for unused services by customer.
6.2 Failure to provide services provided in the tour due to causes not attributable to Morus Rubra, if not replaced by other equivalent services, gives the customer the right to be reimbursed for the difference between the value of the paid services and effectively provided, without prejudice to paragraph 9.3 of these Terms.
7. Assignment of Contractual Position
7.1 The customer may assign his contractual position, making himself substituted by another person who satisfies all the conditions required for the trip, since informs Morus Rubra at least 7 days in advance and the different service providers included in the trip accept substitution.
7.2 In the case of cruise and air travels of long distances, the above period shall be 15 days.
7.3 The assignment of registration severally liable assignor and assignee to pay the price and additional charges occasioned by the transfer.
8. Changes in prices of travel
8.1 The Morus Rubra reserves the right, within twenty days before the date of travel, change the price of the trip if this increase is due to variations in the cost of transportation or fuel, duties, taxes or fees chargeable or currency fluctuations and shall report such fact to the Client.
8.2 The amendment will be calculated in proportion to changes in the prices of the factors that influence the same amendment.
8.3 Non-acceptance of the travel price increase, under the law, gives the customer the right to cancel his enrollment in the trip.
9. Impossibility of compliance by Morus Rubra
9.1 If by acts not attributable to Morus Rubra this is unable to comply with any essential service, the customer has the right to give up from the trip, being immediately refunded for all amounts paid, or, alternatively, to accept an amendment of the services and any variation of price. The customer shall inform Morus Rubra about its decision within four (4) working days after receipt of notification of non-compliance by the Morus Rubra.
9.2 If those facts not attributable to Morus Rubra determinate the cancellation of the trip, the customer may choose to participate in another trip, accepting an amendment to the contract and any price change.
9.3 If the replacement package offered is of lower price, the Customer will be refunded the respective difference.
9.4.Is not due any reimbursement for services that, although made available to the Customer, Customer chose not to use.
10. Cancellation of Travel
10.1 At any time the customer may cancel the trip, by written communication to Morus Rubra, receiving the refund of amounts paid deducted from the following expenses:
10.1.1 Administration fees that Morus Rubra have had to obtain the reserves and can go up to:
10.1.1.1. Up to 30 days before travel start date a fee equal to the down-payment or 20%,
10.1.1.2. 15-29 days before travel start date a fee of 30%,
10.1.1.3. 7-14 days before travel start date a fee of 60%,
10.1.1.4. 6 or less days until travel start date and in the event of no-show a fee of 100%
10.1.2 Cancellation fees not recoverable from suppliers (hotels, transportation, guided visits and other services);
10.1.3 Expenses with airline tickets subject to specific conditions therefore, not refundable after issue.
11. Deficiencies in the implementation of services
11.1 Only may be considered if submitted in writing, not later than 20 days after the end of the services provided.
11.2 The same only may be accepted if they have been communicated to the respective suppliers (hotels, guides, local agents, etc.) during the course of the journey or stay, requiring of the same the respective documents that comprove the occurrence.
11.3 Failure to delivery, on time, of participation and documents referred to is a cause of exoneration from liability Morus Rubra.
11.4 In case of a claim for breach of contract services, the client may still trigger the deposit provided under the legislation in force. For such, the customer shall submit the respective complaints to the Turismo de Portugal IP, within 20 days after the end of the trip.
12. Itinerary changes
12.1 Wherever there are reasons beyond justifying, Morus Rubra could change the conditions listed in the program, namely the order of the route, the time of departure or replace any of the accommodations provided by other of similar location and category, if obtains the agreement by the customer.
12.2 If unforeseen circumstances force to suspend any trips, the customer will always be entitled to reimbursement of amounts paid.
13. Participants Needed
The travel program shall fix, in each case, the minimum number of participants. If the minimum number of participants fixed is not reached, Morus Rubra may cancel the trip, notifying the customer at least eight (8) days in advance, getting Morus Rubra exonerated from any responsibility for the cancellation.
14. Child Policy
14.1 Children under two years of age may get a discount which may go up to ninety percent, on trips where air transport is used, on condition does not occupy a place, and always that the services used in hotels, restaurants or other are paid directly by their companions.
14.2 Children from two to eleven years of age can get a discount up to sixty- seven percent in air transport.
14.3 Shall not affect any characteristics of certain trips, where such discounts are not applicable, so that the client should always inquire about the conditions for children.
15.1 The Customer shall have in good order all his personal and family documents, including identity cards, military documentation, minors authorization, passports, visas, vaccination certificate and other documents required for the trip chosen, appearing on Travel Program, being responsible for their timely retrieval.
15.2 Users who are foreign nationals must possess all necessary documentation (passport, visa, residence authorization, etc.) to traveling or transiting within the European Union on the basis of their nationality. For travel totally or partially outside the European Union visas or other special documentation may be necessary. Always consult the Embassy or Consulate of the countries of destination of your trip.
15.3 In no case Morus Rubra may be responsible, directly or indirectly, by the refusal of visa grant or by incoming client impediment in any country.
16. Limitation of liability
16.1 The liability of Morus Rubra shall be limited to the maximum amount callable to providers of transportation services, under the law, including limitations for not bodily harm, which are limited to an amount equivalent to five times the price of the service sold.
16.2 The Morus Rubra is not liable, in any case, for baggage and other belongings that customers can carry whatever their place in the transport. Customers are advised to hiring baggage insurance and being present in the loading and unloading thereof.
16.3 In case of subtraction, deterioration or destruction of baggage, customers must claim, immediately, by writing, to the entity providing services and/or entity to whom custody of the same were deposite , keeping a copy of the complaint.
16.4. The responsibility of Morus Rubra can only be triggered by filing proof of claim provided for in the preceding paragraph.
16.5 The responsibility of Morus Rubra for not bodily harms is contractually limited to an amount equivalent to five times the price of the service sold.
17.1. Unless otherwise indicated, the drinks are not included in lunches or dinners provided at the respective travel programs.
17.1.1 BB – Includes accommodation and breakfast.
17.1.2 HB – Half board, includes accommodation, breakfast and dinner. Drinks are not included.
17.1.3 FB – Full board includes stay, breakfast, lunch and dinner. Drinks are not included.
17.1.4 AI – All inclusive, includes accommodation, breakfast, lunch, dinner, snacks and beverages such as water, juice and wine. Depending on the Hotel inclusions may be more restrictive or comprehensive.
17.2. Any specific request of the customer on the meals is always subject to confirmation from the provider and may involve the payment of a supplement.
17.3. In the organized trips on a half board or full board, are not included meals which coincide with the hours of flight, with transportation to and from the airport or for waiting for flight connections.
18. Arrivals and Departures
18.1. Arrivals and departures in each city are in accordance with the schedules of airlines and, therefore, are subject to change.
18.2 On trips that include bus transport, times indicated are approximate.
18.3 Delays caused by technical reasons or other reasons related to the means of transport or transport companies are safeguard.
19.1 The list of hotels and apartments in the program is indicative, as well as its category.
19.2 Concerning to the accommodation, the following special rules are applied:
It is the sole responsibility of the user the information of the number of people (adults and children) who will occupy the apartment. In case you submit more people than reserved, the responsible for the accommodation may refuse entry.
Prices shown are per person and are based on double room occupancy.
Not all hotels have triple room, being so placed an extra bed in a double room this may not have the same quality and comfort.
In the case of similar rooms with two double or large beds, it is considered that, in most cases, triple consists only of these two beds.
How indicative rule, usually the rooms can be used from 14h, the day of arrival and should be left free before 12am the day of departure. In apartments, the entrance is usually at 17h the day of arrival, and they must be free before 10am the day of departure. The keys collection is usually made within the normal business hours of the office, at the reception, in place indicated by Morus Rubra.
20.1 The Morus Rubra is responsible for luggage in the terms of the law.
20.2 The client has the obligation to make a complaint to the service provider entity at the time of subtraction, deterioration or destruction of luggage.
20.3 In international transport, in case of damage of luggage, the complaint must be made, in writing, to the transporter, immediately upon verification of damage, and no more than 7 days after its delivery. Being in case the mere delay in delivery of the luggage, claim must be made within 21 days from the date of delivery.
20.4 The submission of such claims is essential foundation to drive Morus Rubra’s responsibility over the service provider entity.
21. Liability guarantee
21.1 The liability of Morus Rubra is guaranteed by the policy n. 00841013546300000 AXA Seguros.
21.2 Are considered grounds for justification of exclusion of Morus Rubra’s liability, among others, the speculative, false or fraudulent booking a trip taken by the customer, the cancellation of the trip by the customer, the faults found in the implementation of the agreement attributable to the customer, deficiencies attributable to a third person unrelated with providing the services provided and unforeseeable or unavoidable and situations of force majeure.
22. Changes to Terms
The Morus Rubra reserves the right to amend these Terms at any time and whenever deemed necessary.
23. Use of Customer’s Information
23.1 Morus Rubra don’t process data relative the name, address and other information relating to the Customer, except as provided in these Terms and Conditions..
23.2 The customer accepts that Morus Rubra provides to third parties information concerning the habits and customs of Customers as a group and not including the identity or characteristics of any particular client.
23.3 Morus Rubra can automatically process the data, designing the same to sending of your request, to the appropriate administrative and statistical support and future new proposals, except if the customer does not consent to its processing, which you can do by any means upon recruitment of the trip. You will have under applicable law, the right of access to their data and respective rectification.
The customer is obliged to compensate the Morus Rubra or suppliers for all damages arising from the breach of the duties set out in these terms and conditions, including lawyer’s fees and court costs.
25.Mode of Payment
The Customer may pay for services using Visa, PayPal, bank transfer or cash.
26. Loose provisions
26.1 If any part or provision of these Terms come to be invalid or nonexistent, will remain in effect the remaining provisions, not being affected its Global validity unless it is possible to conclude that the parts would not have agreed on the service delivery or supplying product, if they had foreseen the invalidity or unenforceability of that provision.
26.2 All disputes arising from the interpretation or implementation of this Agreement shall be settled by the District Court of Lisbon, with express waiver of any other.