Terms & Conditions |
|
1. Scope and Object of the General Store Conditions These General Conditions are intended, together with the order form and the other elements referred to therein, to regulate the terms and conditions governing the provision of the Online Shop Service by Tuker Lisbon Tours, with head office at Rua Policarpo Anjos nº72, 0A, 1495- 207 - Cruz Quebrada, under the single registration and legal person identification number 51505076. The Service consists of providing access to the Online Shop via the address www.tukerlisbontours.com which, in addition to providing information on a range of products and/or services, allows the User to electronically order the products advertised therein, under the terms and conditions described herein. Orders for services must be placed by Users aged 18 (eighteen) or over (individuals under this age must be authorised by their representatives). The elements and information transmitted by the User will enjoy full legal effect, with the User recognising the electronic purchases and not being able to claim lack of signature for breach of the obligations assumed. 2. Product Information and Content Tuker Lisbon Tours will attempt to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur. If you purchase a product that has different characteristics to those presented online, you have the right to cancel the purchase contract under the applicable legal terms (right of free cancellation - see point 9). Tuker Lisbon Tours will attempt to send all the products ordered, but it is possible that, in certain cases and due to causes that are difficult for Tuker Lisbon Tours to control, such as human errors or incidents in computer systems, it will not be possible to make any of the products ordered by the User available. If a product is not available after you have placed your order, you will be notified by email or telephone. You will then be offered the chance to cancel the order with a refund if you have already paid for it. All information about prices, products, specifications, promotional activities, and services may be changed at any time by Tuker Lisbon Tours. 3. Responsibilities 3.1 All products and services commercialized in the Tuker Lisbon Tours Online Shop are in accordance with Portuguese law. 3.2 The Store has adequate security levels, however Tuker Lisbon Tours shall not be liable for any damages suffered by the User and/or third parties, due to delays, interruptions, errors and suspensions of communications that originate from factors beyond its control, namely, any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, modems, connection software or any computer viruses or resulting from the downloading ("download") through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason of error in accessing the Tuker Lisbon Tours Online Store website it is impossible to provide the service, Tuker Lisbon Tours will not be liable for any damages. 3.3 The data and information consultations carried out within the scope of this Service are presumed to have been carried out by the User, and Tuker Lisbon Tours declines any responsibility arising from the abusive or fraudulent use of the information obtained. 3.4 Tuker Lisbon Tours shall not be liable for any loss or damage caused by misuse of the Service that is not directly attributable to it through willful misconduct or gross negligence. 3.5 Tuker Lisbon Tours shall not be liable for any loss or damage arising from the non- fulfilment or defective fulfilment of the Service when this is not directly or indirectly attributable to it by way of intent or serious fault, and shall not be liable in particular for:
3.6. Tuker Lisbon Tours does not warrant that:
3.7. The User accepts that Tuker Lisbon Tours cannot in any way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of the occurrence of such damages), resulting from:
4. Consumer Obligations 4.1. The user undertakes to:
4.2 If any of the data is incorrect, or insufficient, and for this reason there is a delay or impossibility in processing the order, or possible non-delivery, the responsibility lies with the User, and Tuker Lisbon Tours declines any responsibility. In the event that the consumer violates any of these obligations, Tuker Lisbon Tours reserves the right to eliminate future purchases, block access to the shop, cancel the supply of any other services made available simultaneously by Tuker Lisbon Tours to the same User; and also not to allow the User future access to any or all services made available by Tuker Lisbon Tours. 4.3 It is expressly forbidden to use the products and services purchased for commercial purposes, namely for the purpose of reselling goods. 5. Privacy and Protection of Personal Data 5.1. Tuker Lisbon Tours guarantees the confidentiality of all data provided by Users. 5.2 The personal data identified on the order form as being mandatory is essential for Tuker Lisbon Tours to provide the Service. The omission or inaccuracy of the data provided by the User is their sole and entire responsibility and may result in Tuker Lisbon Tours refusing to provide the Service. 5.3 The User's personal data will be processed and stored by computer and is intended to be used by Tuker Lisbon Tours within the scope of the contractual and/or commercial relationship with the User. 5.4 Under the terms of the applicable legislation, the User is guaranteed, free of charge, the right to access, rectify and update their personal data, directly or by written request, as well as the right to object to its use for the purposes set out in the previous paragraph, and for this purpose should contact the entity responsible for processing personal data: [email protected]. 5.5 The Internet is an open network, so the User's personal data, other personal information and all content hosted on the Service may circulate on the network without security conditions, even running the risk of being accessed and used by unauthorized third parties, and Tuker Lisbon Tours cannot be held responsible for such access and/or use. 6. Cancellation of bookings 6.1 At the User's request The User may cancel their reservation by requesting it from Tuker Lisbon Tours via telephone or e-mail, referring to the reservation number, within 7 days of making the reservation. 6.2 By decision of Tuker Lisbon Tours: Tuker Lisbon Tours reserves the right not to process bookings when it finds any inconsistency in the personal data submitted or observes misconduct on the part of the buyer. Tuker Lisbon Tours reserves the right not to process any booking or refund in the event of errors in the values and/or characteristics of the products, when these are due to technical problems or errors beyond the control of Tuker Lisbon Tours. 6.3 Refunds Tuker Lisbon Tours reserves the right to make a refund by the same means of payment used for payment, without prejudice to the customer, within a maximum period of 14 days. If the refund is requested using a different method, no additional costs will have to be reimbursed. 7. Intellectual property 7.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of Tuker Lisbon Tours. 7.2 The User recognizes that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation. 7.3 The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by copyright and related rights laws, industrial property laws and other property protection laws, so any use of such content may only occur under the express authorization of the respective owners. 7.4 The User undertakes to fully respect the rights referred to in the previous paragraph, namely by refraining from any acts that may violate the law or these rights, such as the reproduction, commercialization, transmission or making available to the public of this content or any other unauthorized acts that have the same content as their object. 8. Service Security Conditions 8.1. The User undertakes to comply with all applicable legal provisions, in particular, not to practice or encourage the practice of unlawful acts or acts offensive to good customs, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through automatic calling devices, and must also comply with the rules for using the Service, under penalty of Tuker Lisbon Tours suspending or deactivating the Service under the terms set out in point 14. 8.2 The User expressly recognizes and accepts that the IP Network is a public electronic communications network that can be used by several users, and as such is subject to computer overloads, so Tuker Lisbon Tours does not guarantee the provision of the Service without interruptions, loss of information or delays. 8.3 Tuker Lisbon Tours also does not guarantee the provision of the Service in situations of unpredictable overload of the systems on which it is based or of force majeure (situations of an extraordinary or unpredictable nature, external to Tuker Lisbon Tours and which cannot be controlled by it). 8.4 In the event of an interruption in the provision of the Service for reasons of unpredictable overload of the systems on which it is based, Tuker Lisbon Tours undertakes to regularize its operation as soon as possible. 9. Suspension and deactivation of the Shop Service 9.1 Regardless of any prior or subsequent communication, Tuker Lisbon Tours may, at any time, and in its sole discretion, discontinue making the Service and or part of the Service available to one or all Users. 9.2 Tuker Lisbon Tours also reserves the right to immediately suspend or terminate access to the Service in the following cases:
9.3 The suspension or termination of the Service by Tuker Lisbon Tours, under the terms of the preceding paragraphs, does not entitle the User or third parties to any indemnity or other compensation, and Tuker Lisbon Tours cannot be held liable or in any way burdened by any consequence resulting from the suspension, cancellation, or termination of the Service. 9.4 In the situations described above, Tuker Lisbon Tours will notify the User in advance so that he/she can, if he/she wishes, safeguard the content of his/her order viewing area within 3 (three) working days of sending the e-mail or making the information available on the main page of the Service. 10. Communications 10.1 Without prejudice to other forms of communication provided for in these General Terms and Conditions, notifications made to the User relating to the Service, including any changes to these General Terms and Conditions, may be made to the User's e-mail address, by SMS or by telephone. 10.2 The User agrees to receive any communication and/or notification related to the Online Shop at the address, contact telephone number and/or e-mail address ("e-mail") indicated in the order process. At any time, you can request not to receive these communications and/or notifications via the Contact Form or by choosing the "Do not receive the Newsletter" option included in each Newsletter. 11. Technical Settings 11.1 Without prejudice to the provisions of the following paragraph, Tuker Lisbon Tours may change the Service and/or the technical conditions under which it is provided, as well as the respective rules of use, and must inform the User of such changes at least 15 (fifteen) days in advance. 11.2 The current version of these General Conditions and their annexes is available on the following email: 12. Communications 12.1 Whenever Tuker Lisbon Tours deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate the network settings. 12.2 Without prejudice to the provisions of the following paragraphs and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Tuker Lisbon Tours may change its technical configurations whenever it proves convenient to adapt it to possible technological developments. 12.3 Tuker Lisbon Tours does not, however, guarantee the User any upgrades or improvements to the Service. 12.4 Some upgrades or new features of the Service may only be available against payment by the User and/or subscription by the User to Specific Conditions of Use. 13. Complaints 13.1 The User may submit any contractual disputes to the arbitration and mediation mechanisms that are or will be legally constituted, as well as complain to Tuker Lisbon Tours about acts and omissions that violate the legal provisions applicable to the acquisition of goods. 13.2 The complaint must be submitted within a maximum of 30 (thirty) days from the date the User becomes aware of the facts, and will be registered in Tuker Lisbon Tours information systems, which must decide on the complaint and notify the interested party within a maximum of 30 (thirty) days from the date of the complaint. Applicable Law |