These general conditions are an integral part of the travel program presented on the website (hereinafter “the website”) of Mandarina Viagens (www.mandarina.travel), a platform that allows users to make and manage reservations for tourist activities, excursions, guided tours , packages and transfers.

MANDARINA VIAGENS, LDA is a private limited company, with the number 516188240, headquartered at Rotunda Nuno Rodrigues dos Santos, nº 1B, 5º E, 2685-223, in Portela de Sacavém, registered in the National Register of Travel and Tourism Agencies (RNAVT) under the number ….

These conditions comply with the provisions of Decree-Law No. 17/2018, of 8 March, which transposes Directive (EU) 2015/2302, of the European Parliament and of the Council, of 25 November 2015, to the national legal order on package tours and related travel services.

a) Acceptance of the general conditions of use and access to the website

By using the website, accessing, viewing, or using the various content and services available on it, the user is expressing that he understands and accepts these General Conditions of Use, which define the rights and obligations of MANDARINA VIAGENS and the USER in contracting of tourist activities, excursions, guided tours, packages and transfers.

To be able to contract the services provided by MANDARINA VIAGENS, you will have to register on the website as a user and expressly accept these conditions, before making the payment. For mere access to the site, you will not need to register.

b) Purpose of the website

With the creation of this website, MANDARINA VIAGENS intended to provide the user with a reservation service for activities, tours and guided tours, shared or private in different countries around the world, as well as a transfer service that allows them to have a private vehicle pick it up and take it from one point to another within the city where MANDARINA offers such service.

MANDARINA VIAGENS clarifies that its activity is limited to offering, through the website, a booking service for activities, excursions, guided tours and transfers in different parts of the world – such services are offered directly by third parties (“suppliers”).

Through the website MANDARINA VIAGENS also provides free tourist itineraries of different destinations that include photographs, information on transport, the most important tourist attractions, interactive maps and various recommendations and advice related to the destination. Access to and consultation of such guides can only be done online and their sale is prohibited, and the user is responsible for their improper and unauthorized use.

In certain situations, the website may function as an online platform through which Providers offer their Services so that they can be contracted directly by Users. In these situations, upon formalizing the reservation, the user will establish a direct contractual relationship with the Provider with whom he has booked the service, MANDARINA VIAGENS being a mere intermediary between the user and the provider.

All the information that MANDARINA VIAGENS makes available on the website regarding the provision of services is based on the information provided by the suppliers.

c) Booking and registration on the website

The user will have to provide their personal data (full name, passport or document, e-mail address, telephone and mobile number, among others) or, alternatively, the personal data of the person in whose name the activity is being reserved. or the transfer, so that MANDARINA can make the requested reservation.

Users may also create a User Account by filling out the registration form that the website makes available. In that account, they will be provided with a private area through which they will be able to manage all reservations made through the website.

Users will be responsible for the veracity of the data provided to MANDARINA VIAGENS and for any consequences that may arise from errors in the information provided - they must, therefore, provide truthful, accurate, current and complete data on their identity or on the identity of the person on behalf of which the service is reserved.

Users are fully responsible for the use of their account - they will be solely responsible for the retention and confidentiality of the User's name and/or passwords that allow access to their account, pledging not to grant their use to third parties, temporal or permanently, nor to allow access to third parties.

Whenever a user detects that their username and/or password have been misused, due to theft, loss or unauthorized access to them, they must immediately inform MANDARINA VIAGENS of this fact, through from the email address legal@mandarina.travel, so that it can proceed with the immediate cancellation or blocking and/or disqualification. As long as such facts are not communicated to MANDARINA VIAGENS, it will be exempt from any liability that could arise from the misuse of usernames or passwords by unauthorized third parties.

d) Specific conditions for booking activities, excursions and guided tours

Reservations made through the Site are subject to the specific conditions applicable to each activity, excursion or guided visit, which are included in the Site description form for each of these services, as well as in the confirmation email that MANDARINA VIAGENS will send after making the reservation.

1 - General conditions applicable to all bookings

Regardless of the specific conditions applicable to each of the services offered on the website, the booking of activities, excursions and visits that MANDARINA VIAGENS promotes through the Website is subject to the following general conditions:

• The dates and times of activities, excursions and guided tours published on the website were pre-established by the suppliers and do not allow any type of change. Such change will only be possible if the user has contracted a private service and, in this situation, he should directly address the question to MANDARINA VIAGENS, via e-mail: legal@mandarina.travel. MANDARINA VIAGENS' response will depend on the applicable conditions of each supplier.
• Users will be able to modify the details of their reservations whenever the conditions of the activity, excursion and/or guided visit allow. In order to make such a change, users will have to click on the link in the booking confirmation email sent by MANDARINA VIAGENS or go directly to their User Account, in the "Reservations" section.
• The minimum advance notice to make a reservation varies depending on the activity, excursion and/or guided tour in question, this being expressly provided for in the activity form on the website, and no reservations can be made with less advance notice than provided for therein.
• For the user to make a reservation for an unpublished private service, he must contact MANDARINA VIAGENS through the email: book@mandarina.travel.

2 - Specific conditions related to information about the activity, excursion and/or guided tour reserved

In the descriptive form of each activity, excursion or guided visit, on the website, there is all the information necessary to carry out the same, namely the meeting point, date, time and duration. In the email that the user will receive with the confirmation, a proof or voucher for booking the activity, excursion and/or guided tour will be sent or, alternatively, information about the sending of another email, directly from the supplier of the service, with the necessary proof of reservation.

The punctuality with which users must be at the meeting point indicated on the voucher is absolutely essential, as all activities, excursions and visits are scheduled to leave at a specific time and it is not possible to modify the respective start time.

The duration of activities, excursions and guided visits published on the Site is merely indicative and may vary depending on the development of the service itself, or due to any fact unrelated to the supplier and/or MANDARINA VIAGENS (weather changes, road traffic problems, strikes , between others).

In case of doubts related to the activity booked, namely the meeting point to start it, users can contact the supplier through the contact phone number that appears on the voucher that MANDARINA VIAGENS delivered at the time of booking confirmation.

MANDARINA VIAGENS informs that the supplier may ask the user to hand over the voucher that proves the reservation of the activity before the start of the activity. MANDARINA VIAGENS will not assume any responsibility if the user does not present such voucher to the supplier.

e) Specific conditions for transfer bookings

In the description form of each transfer, on the website, there are the respective specific conditions. Users will be able to consult them there or in the confirmation email that MANDARINA VIAGENS sends when booking.

Even so, users must take into account the following general conditions:

• The prices shown on the MANDARINA VIAGENS website are final and do not have any supplement for taking luggage (as long as it fits in the reserved vehicle). The price indicated on the website may vary per passenger or per hired vehicle and includes tolls and driver tips.
• A supplement will only be paid in cases where the luggage exceeds the capacity of the reserved vehicle. However, all information regarding included luggage will be mentioned in the service information.
• The transfer service offered by MANDARINA VIAGENS may be private – in these cases, the vehicle will only be used by those who have contracted the service. In certain destinations, MANDARINA offers the possibility of choosing a transfer shared with other customers, with more competitive rates.
• The number of seats indicated on the website corresponds to the maximum number of people who can travel in the vehicle, in addition to the driver. It should be noted that children occupy a seat, just like adults.
• For transfers departing from the airport, the user must indicate the estimated time of arrival of their flight, as well as the code/flight number. For transfers that originate at a specific point in the destination, the user must only indicate the time at which he wants the transport to pick him up.
• The user can modify the transfer whenever the conditions of the contracted service allow it. When modification is possible, this must be done through a link provided by MANDARINA VIAGENS in the service confirmation email or directly via email or in the User Account.
• In the booking confirmation email, MANDARINA VIAGENS will provide the user with the name, email and emergency number of the Supplier (or the driver) in case this is necessary.
• If users need to make a stop along the way (for example, if vehicle Users stay in different hotels or have to get a key to enter the apartment, etc.), these stops will have an economic supplement, which will be different from city to city.
• Transfers will always have an indication of the pick up and drop off zones. If the destination address is different from these zones, a transfer fee will be charged.
• There will also be a place to pay a supplement, if the User decides to make changes to the routes initially agreed, and the User is responsible for such payment.

f) economic conditions of contracting

The contracting of the services available on the MANDARINA VIAGENS website will be considered carried out as soon as the users have completed and accepted the booking form for the activity or transfer and the same has been confirmed, after the respective payment has been made.

The prices of each service will be those indicated by MANDARINA VIAGENS when booking the activity or transfer that the user has chosen. All services must be paid at the time of booking, by credit or debit card (Visa or Mastercard) or by PayPal and will be confirmed shortly thereafter. All Credit and Debit card transactions are debited at the point of purchase. Exceptionally, in the case of certain services whose providers allow it, at the time of booking the user will pay a part of the total amount of the service and, on the day of the activity, excursion, guided visit or transfer, the user will pay the remaining amount.

Prices are available in Euros (€) and Dollars ($), including taxes, and the total amount will be indicated at the time of definitive confirmation of contracting the service.

As a rule, MANDARINA VIAGENS will not apply discounts for the provision of its services, unless this is provided for in the conditions of the activity, excursion, guided tour and/or transfer in question.

After making the reservation, users will receive an e-mail with confirmation that the contracted service has been charged and a receipt for the purchase of the contracted services. However, such receipt is not equivalent to the invoice to be issued – such invoice must be requested by the user after completing the reservation on the website.

The user will be able to download the documentation referring to the services contracted from MANDARINA VIAGENS through the website. In certain situations, the documentation in question will be sent to the user via e-mail, directly by the service provider.

If the service has been contracted directly from the supplier, and when the provision of the contracted services takes place outside Portuguese territory, MANDARINA VIAGENS will issue a purchase receipt and ask the suppliers to issue the respective invoice, which it will deliver to customers.

If the services are provided within Portuguese territory, MANDARINA VIAGENS will issue an invoice for the provision of services as an intermediary in the name and on behalf of the supplier, in compliance with the provisions of Decree-Law No. 28/2019, of February 15, which proceeds with the regulation of obligations relating to the processing of invoices and other fiscally relevant documents.

MANDARINA VIAGENS must be notified of any undue or fraudulent charge on the card used for the purchase through the email address legal@mandarina.travel, as soon as possible, so that it can take the necessary measures.

g) Cancellation Policy

Without prejudice to the User's rights regarding cancellations of travel services, provided for in Decree-Law No. 217/2018, of March 8, each of the services promoted by MANDARINA VIAGENS on the website (activities, excursions, guided tours, transfers and others) has a specific cancellation policy that the User can consult in the description form of the activity in question, on the website, as well as in the confirmation email that will be sent to you after the booking has been made.

In that specific cancellation policy, the cancellation period will be established and the application, or not, of any penalty for such cancellation will be foreseen.

In case the supplier does not have availability on the contracted date, an alternative date or time will be offered to the User, which must be accepted or refused by the same within 72 hours, counting from the notification of the modification of the reservation. In case you do not receive an answer within the established deadline or if the modification is not accepted, the reservation will be canceled and the value of the same will be refunded, immediately, to the user. In any case, MANDARINA VIAGENS will issue the necessary amending documentation.

UPON ACCEPTANCE OF THESE GENERAL TERMS OF USE, USERS ACKNOWLEDGE THAT THEY HAVE READ AND EXPRESSLY ACCEPT THIS POLICY ON CANCELLATIONS AND THEY DEMAND TO BE IN ACCORDANCE WITH THE TERMS OF CANCELLATION OF THE ACTIVITY, EXCURSION, GUIDED TOUR AND/OR SERVICE OF THE RESERVED STRAV.

h) Conduct on the website

Users undertake to make lawful, diligent, honest and correct use of the information and content to which they have access through the website, respecting the principles of good faith, current legislation and these General Conditions of Use.

For example, users should not:

1 - Register or communicate personal data that are not true, accurate, complete and/or updated, nor access the site using the name, identification data or password of another user or improperly use someone else's person or identity.

2 - Use the website for fraudulent or criminal purposes or for illegal activities of any kind.

3 - Introduce or spread computer viruses that may produce unauthorized alterations to the contents or systems that make up the website.

4 - Create a profile or use the website to disseminate illegal, offensive, pornographic, abusive, defamatory, obscene or threatening material of any kind, or that represents a violation of copyright, registered trademarks or confidentiality, privacy or any other right, or is otherwise libelous or objectionable to third parties.

5 - Downloading, sending or otherwise distributing content or applications that may violate current legislation or that may violate any right of any party.

MANDARINA VIAGENS reserves the right to deny any attempt to access the website or cancel user accounts, in cases where there is an improper use of the website, in accordance with the provisions of this clause.

i) Opinions, comments, communications and other content

Users who have booked activities, excursions, guided tours and/or transfers through MANDARINA VIAGENS will be able to send their opinions and evaluations to that company. To this end, they may send an email to the user, after the end of the service, so that he can evaluate the experience and the service provided. When receiving the user's opinion and evaluation, MANDARINA VIAGENS may publish this on the website. However, if the content of users' opinions is unlawful, offensive to good faith and good manners, abusive, threatening, defamatory, invade the privacy of third parties, that is, in any way, objectionable and whenever its content incorporates advertisements or links to other websites and/or is not related to the rated service will not be published on the website. Specifically, MANDARINA VIAGENS reserves the right not to publish opinions whose content may include discriminatory expressions (on grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance); references to illegal activities or behavior; references to violence; intimidating or threatening content.

Communications between MANDARINA VIAGENS and users will be made in writing, via e-mail with acknowledgment of receipt or by any other means in which the receipt and the content of the communication are stated:

* Communications with MANDARINA VIAGENS should be sent to: legal@mandarina.travel or www.mandarina.travel

* Communications addressed to users will be sent via the registration email.

j) Disclaimer

In addition to the provisions of Decree-Law No. 17/2018, of March 8, which establishes the regime for accessing and exercising the activity of travel and tourism agencies, MANDARINA VIAGENS is not responsible for the following circumstances:

• Cancellations made after the deadline by users – MANDARINA VIAGENS will not be responsible for returning the amounts paid by its users when they have not met the cancellation deadline provided for in the cancellation policy applicable to each service.
• Delays or errors committed by users regarding the meeting point of the activity, excursion, guided tour and/or reserved transfer - MANDARINA VIAGENS will not assume any responsibility for the user losing the activity or the reserved transfer due to lack of punctuality and/ or for not being at the meeting point previously indicated.
• Impediment, by the supplier, of access to the activity, excursion and/or guided visit due to lack of voucher printed on paper and/or kept in the mobile phone (as established in each case by each Supplier).
• Damages and theft affecting users and property owned by them during activities, excursions and guided tours and/or during the route of the contracted transfer service.
• Injuries, damages and accidents that the user may suffer while carrying out the activity, excursion, guided tour and/or reserved transfer, as well as injuries, damages and accidents suffered by the user before the service and that prevent him from enjoying it.
• Cases where the vehicle reserved for the transfer does not show up at the meeting point due to the fact that the information given by the user about the times and the meeting point is wrong or misleading.
• Loss of flights, trains, buses or any other means of transport due to the user not having requested the transfer service within the period recommended by MANDARINA VIAGENS. The user is solely responsible for knowing the departure time of his/her flight/train/bus and for requesting the transfer service in sufficient time.
• Weather conditions in which the Supplier performs activities, excursions and guided tours booked by users – the service will be understood as correctly provided, and MANDARINA VIAGENS will not be held liable.
• Quality and adequacy of the service contracted by the user.
• Cases in which the duration of the service has suffered a slight variation, due to factors external to the supplier and/or MANDARINA VIAGENS.
• Complaints regarding the service contracted by the user – such complaints/complaints must be handled with the service provider.

In cases where the user contracts the services directly from the supplier, MANDARINA VIAGENS will not be responsible for the fulfillment of any tax obligation of declaration, payment or any other type that derives from or is a consequence of the service provided by the Supplier.

MANDARINA VIAGENS is not responsible, under any circumstances, for damages of any nature that may result from access to or use of the website's content. Among others, it is not responsible for the following circumstances:

• Lack of availability, maintenance and effective functioning of the website and/or its services or contents, as well as damages of any nature that may be due to the lack of availability or continuity of operation of the website.
• Technical failures attributable to third parties or force majeure causes that prevent the site from functioning correctly.
• Failure, suspension or interruption of services or use of the website as a result of blocking the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the control of MANDARINA VIAGENS that prevent normal use of the website.
• Illicit, negligent, fraudulent use of the website, contrary to these General Conditions of Use, or to good faith, by users.

MANDARINA VIAGENS reserves the right to initiate the necessary legal proceedings against users, as a result of the practice of the acts described in this section and, in general, for failure to comply with these General Conditions of Use.

In the case of combined travel services offered by MANDARINA VIAGENS to which the provisions of Decree-Law No. 17/2018, of March 8, apply if, after having chosen and paid for a combined travel service with another company, the user makes a reservation additional travel services for your trip through MANDARINA VIAGENS, it will not be responsible for the correct execution of such additional travel services. If there is any problem, the user should contact the corresponding service provider.

However, if the user books additional travel services during the same visit to the MANDARINA VIAGENS booking website, these services will form part of some linked travel services. As provided for in Community Directive 2015/2302, of the European Parliament and of the Council, of 25 November 2015, MANDARINA VIAGENS has a consumer protection guarantee that guarantees the reimbursement to users of payments made to them, relating to services which have not been executed due to the insolvency of MANDARINA VIAGENS and, if necessary, their repatriation. However, it should be noted that reimbursement will not be made in the event of insolvency of the corresponding service provider.

k) Intellectual Property

1 - Intellectual and Industrial Property relating to the MANDARINA VIAGENS website.

All rights to the content, design and source code of this website and, in particular, all rights to the photographs, images, texts, logos, designs, brands, trade names, data included on the website and any other intellectual property rights and industrial products are owned by MANDARINA VIAGENS, or by third parties who have expressly authorized MANDARINA VIAGENS to use them on the website.

Thus, in accordance with the provisions of the Code of Copyright and Related Rights (Decree-Law No. 63/85, of March 14th) and of the Industrial Property Code (Decree-Law No. 110/2018, of December 10th) , the reproduction, transmission, adaptation, translation, distribution, public communication and making available, of all or part of the website's contents, in any support and by any technical means, is expressly prohibited, unless expressly authorized in writing by MANDARINA VIAGENS.

MANDARINA VIAGENS does not grant any license or authorization to use its intellectual and industrial property rights or any other property or right related to the website and, in no case, will it be understood that the access and navigation of users implies a waiver, transmission , license or total or partial assignment of such rights by MANDARINA VIAGENS.

Any use of these contents by the user, not previously authorized, will be considered a serious breach of intellectual or industrial property rights and will give rise to the necessary legal consequences.

2 - Intellectual Property relating to the opinions of users published on the Site.

Given the fact that the site allows the publication of opinions, users grant MANDARINA VIAGENS a universal, unrestricted and free authorization for the use, distribution, public communication, adaptation and reproduction of such opinions. Through this authorization, MANDARINA VIAGENS may use the opinions of users for advertising and promotion purposes on the websites and social networks owned by it.

l) Modifications

MANDARINA VIAGENS reserves the right to make as many changes as it deems necessary in these General Conditions of Use, and will notify users in advance. These modifications will be valid after their publication on the website.

m) Safeguard clause

All clauses of these General Conditions of Use must be interpreted independently and autonomously. If any provision of these Conditions is declared null by a court decision or arbitration resolution, the affected clause or clauses will be replaced by another one or others that preserve the effects desired by the General Conditions of Use.

n) Jurisdiction and applicable legislation

These General Conditions of Use will be governed by Portuguese law. In case of dispute about the interpretation, execution or validity of these General Conditions of Use, the Courts of the user's country of residence will be competent.

Pursuant to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of 21 May 2013, regarding the resolution of disputes about online consumption, MANDARINA VIAGENS also informs that, in the event of a dispute, the Users residing in the European Union will be able to access the “Online Dispute Resolution Platform” that the European Commission has developed, in order to try to resolve extrajudicially any dispute arising from the provision of services by MANDARINA VIAGENS.

You can access the “Online Dispute Resolution Platform” via the following link: http://ec.europa.eu/consumers/odr/.

In any case, MANDARINA VIAGENS informs the user that it has a Complaints Book through which it can formulate any complaint or claim in relation to the services it provides.