ELEMENTO TERRA’S TERMS AND CONDITIONS
These terms establish the conditions for the provision of travel services and/or courses organized by Elemento Terra, referred to herein in this way and commercial designation used by Mountain Experience Unipessoal Lda., with registered office at Trv. do Bonfim BR PSP 12, Oporto, with legal person number 515178853, RNAVT Nº Registo 8339 and the client.
When hiring Elemento Terra services the client recognizes and accepts all the terms and conditions established, so they are an integral and essential part of the contract between Elemento Terra and the client.
The present Terms and Conditions of participation are supplemented by the travel and/or course programme in which the customer registers, which constitutes the particular conditions of participation in the travel and/or course. These particular conditions are accepted by the customer and integrated into the contract through the completion of the registration form by the customer.
RESPONSIBILITY
The responsibility of Elemento Terra (Mountain Experience Unipessoal Lda) is guaranteed by a civil responsibility insurance with the insurance company Fidelidade Seguros and by the Tourism and Travel Guarantee Fund of Turismo de Portugal, under the terms of the current legislation.
REGISTRATION AND PAYMENTS
The enrolment will only be valid after a 30% deposit on the total value of the programme. The client must also send the registration form duly filled and signed. The remaining payment must be made by the client until 60 days before the departure date. In cases where the registration is made within 60 days prior to the date of departure, the customer must pay the full amount of the programme.
Elemento Terra reserves the right to cancel any registration which payment has not been made under the conditions mentioned above.
By registering the client assumes several commitments before Elemento Terra (Mountain Experience Unipessoal Lda):
– That he/she has read and accepted the present Terms and Conditions of participation, as well as the programme of the trip and/or course in which the client is enrolled, which constitutes the particular conditions of participation in the trip and/or course.
– That he/she is physically fit and in good health for the trip and/or course that he/she enrolls in and accepts the nature of the trip and/or course, namely the risks arising from the impossibility of immediate access to medical assistance.
– That he/she is aware of the type of physical, cultural and psychological demands that the trip and/or course may involve and that may lead to unforeseen situations.
MINIMUM AGE
The minimum age to participate in Elemento Terra’s trips and courses is 16 years old. Underage participants may only take the trip and/or course accompanied by both parents or only one, according to the applicable legislation in force. There may be, however, trips or courses where the minimum age required is higher. In these cases, the minimum age will be informed in the particular conditions of the respective trip and/or course or course.
USE OF CUSTOMER INFORMATION
The client gives express consent that all information, including personal data, provided in connection with your travel and/or course may be transmitted to government authorities for the purpose of border control and air travel security or other purposes.
The client gives express consent that all information, including personal data, provided in relation to his/her trip and/or course may be transmitted to local partners of Elemento Terra (Mountain Experience Unipessoal Lda) in order to be able to carry out the trip and/or course programme, including tastes, food preferences, particular health information or others.
Elemento Terra (Mountain Experience Unipessoal Lda) will make the necessary contacts with the client, in order to guarantee the good functioning of the service.
MEETING POINT AND START OF THE TRIPS
The meeting place of the client on each trip or course with the guide or trip and/or course leader and with the other participants is indicated in each trip and/or course programme. The specific place will be communicated to the customer in good time before the start of the trip and/or course.
It is the client’s responsibility to be at the meeting point at the time indicated for the start of the trip and/or course.
LANGUAGE SPOKEN DURING THE TRIPS
The trips of Elemento Terra (Mountain Experience Unipessoal Lda), may take place with multinational groups of clients and be led by leaders of other nationalities than Portuguese. As such the language spoken during the trip and/or course will be the one that best fits the group’s needs and each specific moment of the trip and/or course.
CESSION OF ENROLMENT OR CHANGE OF DATE OF THE TRIP AND/OR COURSE
If you want to change and participate in another date of the trip and/or course, the client must notify Elemento Terra at least 60 days in advance. It is, however, subject to vacancies of the trip and/or course for which you want the change. If you wish, you can also transfer your registration to another person who fulfills all the conditions required for the trip and/or course, but you must notify Elemento Terra with the same anticipation.
If the client wishes to transfer his/her booking to a person of a different sex, he/she may be subject to payment of the supplement for individual accommodation for the trip and/or course or to a cost of the same nature if this is not foreseen for the trip and/or course for which he/she has booked, in the event that it is not possible to group the new participant with another person of the same sex.
The assignment of the enrolment makes both assignor and assignee jointly and severally liable for the payment of the price of the trip and/or course and for any additional charges arising.
WITHDRAWALS
If the client or any of his or her companions give up the trip and/or course up to 60 days before the programme start date of the trip and/or course, he or she will lose 30% of the price of the programme, which was delivered by the client to Elemento Terra as a non-refundable deposit. If the cancellation occurs 60 days or less before the program start date, the client will lose the total value of the programme of the trip and/or course. The client will also forfeit the value of additional services which have been requested by the client and which have non-recoverable charges.
REFUNDS
Once the trip and/or course has begun, no refund is due for services not used by the client. The non-provision of services foreseen in the program of the trip and/or course for causes not attributable to Elemento Terra, and in case it is not possible to substitute them by equivalent ones, does not give the client the right to be reimbursed for the total value of the foreseen service that was not provided, but for the difference between the price of the services foreseen and those effectively provided.
COMPLIANCE WITH THE INSTRUCTIONS OF ELEMENTO TERRA’S REPRESENTATIVE
During any program where mountaineering, climbing, diving, canyoning, canoeing, rafting or other activities involving special danger take place, the customer agrees to strictly follow the instructions of Elemento Terra’s representative. If you do not comply with these instructions, all of Elemento Terra’s obligations cease and you bear all the consequences of your acts or omissions, including any resulting damages caused to third parties, other program participants or Elemento Terra.
MINIMUM NUMBER OF PARTICIPANTS AND EARLY CANCELLATION OF THE TRIP AND/OR COURSE BY ELEMENTO TERRA
If the client or any of his companions withdraws from the trip and / or course up to 60 days before the start date of the trip and / or course programme, he / she will lose 30% of the price of the programme, which was delivered by the client to Elemento Terra under the non-refundable sign condition. If the cancellation occurs 60 days or less before the programme start date, the client will lose the total amount of the programme of the trip and/or course. The client will also forfeit the cost of additional services which have been requested by the client and which have non-recoverable charges.
Taking into account the nature of the trips and/or courses, it may happen that they cannot be carried out under the conditions foreseen, because the weather conditions do not allow it, because it represents an increased danger to the safety of the participants, due to a decision of the local authorities or other constraints; such fact may lead to a change of the programme or its cancellation. In these cases, the client will have the right to be reimbursed by Elemento Terra for the amounts not spent to date in the preparation of the trip and/or course.
IMPOSSIBILITY OF CARRYING OUT THE TRIP AND/OR COURSE DURING THE COURSE
Taking into account the nature of the trips and/or courses, it may happen that they cannot be carried out under the conditions foreseen, because weather conditions do not allow it, because they represent an increased danger to the safety of the participants, due to a decision by the local authorities or other constraints; this fact may lead to a change in the programme or its cancellation.
If this impossibility occurs during the trip and/or course, the decision to change or cancel will be the exclusive competence of Elemento Terra’s representative/leader and will be communicated to the customer immediately, being the customer obliged to comply with the instructions of Elemento Terra’s representative/leader. In case the customer does not comply with those instructions, all obligations of Elemento Terra cease, and the customer will bear all consequences of his acts or omissions, including any resulting damages caused to third parties, other participants in the program or to Elemento Terra. In these cases, the customer will not be entitled to any kind of reimbursement nor will be able to demand any responsibility to Elemento Terra.
PRICE CHANGES
Elemento Terra reserves the right to change the price of the trip and/or course in case there is a variation in any of the cost components of the trip and/or course that makes such change necessary. The client will be immediately notified of this change and of the need for such a change and may cancel his or her participation, if he or she so wishes, in which case he or she will be reimbursed for the amounts already paid.
ROUTE CHANGES
Whenever there are unrelated reasons Elemento Terra may change the order of the routes, the departure times or replace any of the accommodations or transportations for others of similar category and location.
In these cases the client will not have the right to any reimbursement nor can claim any responsibility from Elemento Terra.
VAT
All prices shown on the Elemento Terra website include Value Added Tax at the prevailing rate.
INSURANCE
The client is obliged to acquire travel and accident insurance. The insurance must be adjusted to the duration of your trip and/or course, destination and type of activities. By not subscribing a travel insurance or by acquiring an inadequate travel insurance, the client automatically exempts Elemento Terra (Mountain Experience Unipessoal Lda) and all its service provider partners from any and all responsibility relative to the risks and consequent costs that the client incurs for not having taken the recommended protection. The consequences of that fact will be borne solely by the client, who cannot demand any responsibility from Elemento Terra.
THE BEGINNING OF THE TRIP AND/OR COURSE
Unless duly specified in the travel and/or course programmes, the price of the trips and/or courses does not include any internal transfer between the arrival/departure airport in the country of destination and the starting points of the trip and/or course. The booking and acquisition of this transport service is the client’s entire responsibility.
DOCUMENTATION
It is the customer’s responsibility all and any personal or family documentation (identity card, citizen card, passport, military documentation, authorization for minors, visas, vaccination certificate and others eventually required) necessary for the trip. Elemento Terra declines any responsibility for refusal to grant visas or for not allowing the customer to enter a foreign country; in these cases the conditions set out in the clause “Withdrawals” apply and the customer is responsible for any and all costs that may arise from such a situation.
FLIGHTS AND LUGGAGE
Elemento Terra does not book flights or provide this type of service. Consequently, Elemento Terra will not take any responsibility for any eventual damage, loss, misplacement or robbery of baggage, as well as for any flight delays, losses or cancellations. In these cases, any claim should be made directly by the customer to the service provider.
It is recommended that the customer takes out travel insurance that includes
– The possibility of early flight cancellation and/or change of date.
– Baggage insurance appropriate to the equipment carried (cameras, film cameras, diving equipment, etc.)
ACCOMMODATION AND FOOD
According to what is mentioned in the programme, accommodation can be in double or triple rooms, dormitories or tents. When the program excludes lodging or meals, Elemento Terra can make reservations or bookings on behalf of the client, but with all the expenses to be paid by the client. Payment will always be made by the customer to the service provider, as well as any complaints should be made to them.
MATERIAL AND EQUIPMENT
All material and individual equipment is the responsibility of the client. The client must bring all personal equipment needed according to the list that will be given by Elemento Terra. Elemento Terra cannot be held responsible for the lack of any personal equipment which is the client’s responsibility and whose lack will prevent the realization of the trip and/or course programme. Elemento Terra cannot be held responsible for the lack of any personal equipment that the client must provide and whose lack puts at risk the health of the client, of third parties or of the other participants of the trip and/or course and/or course.
The material considered collective and indicated will be responsibility of Elemento Terra. Whenever material is given by Elemento Terra to the client, the client must keep it organized, in good conditions, and deliver it immediately after the training or programme. The non-delivery of the ceded material, its loss, damage or robbery obliges the client to pay the full amount of the material.
Elemento Terra reserves the right to give the material to the customer in a rental basis charging the respective retribution.
USE OF YOUR IMAGE
When participating in any programme, it is assumed the client’s consent for the use of his image and disclosure in Elemento Terra communication channels. If you do not wish to give this consent you must indicate this fact in writing when you register in the programme.
COMPLAINTS AND DISPUTES
The customer has the right to complain in the legal terms.
The contract between Elemento Terra and the client is governed by Portuguese law, and the competent court for any litigation regarding the existence, formation, validity, effectiveness, interpretation, integration, fulfillment and validity of this contract will be the Judicial Court of Porto, with express renounce to any other.
SPECIAL PROVISION FOR THE CANCELLATION OF PROGRAMMES DUE TO THE COVID-19 PANDEMIC
On all new bookings made between 1 December 2020 and 31 March 2021, for trips and/or courses with a departure date until the end of 2021:
You can change the date or destination of your trip up to 60 days before departure, without justifying the reason and at no additional cost. If you prefer to leave the rebooking for later, the amount paid will remain on a voucher to be used on any other trip with available seats until the end of 2023.
In cases of cancellation of trips and/or courses run by Elemento Terra due to the impact of COVID-19, affected travellers may transfer their registration to another edition of the same trip with a departure date up to 31 December 2023 (subject to available places). Alternatively, they may choose to keep 100% of the amount paid in credit to register for any Elemento Terra trip with a departure date up to 31 December 2023 (subject to available places) or for a refund of the amounts paid in accordance with the legislation at the time of cancellation.
NOTE
The present Terms and Conditions are complemented by the programme of the trip and/or course in which the customer registers, which constitutes the particular conditions of participation in the trip and/or course. They may also be supplemented by any other specific conditions sent to the customer at the time of registration or any other as long as duly agreed by the parties.