1. Scope and Purpose of the General Conditions
1.1 – These General Conditions are designed to regulate the terms and conditions governing the provision of services of the International Wine Entity Agency, Unipessoal Lda., With its registered office at Rua José Luís Monteiro, Lote 245, 9º C , 1950-162 – Lisbon, under the corporate identity number (NIPC) 513943676.
1.2 – The IEA – International Wine Tourism Agency, Unipessoal Lda., Hereinafter referred to as the Wine Tour Experience, provides access to its online store through the electronic address www.winetourexperience.pt.
1.3 – The Wine Tour Experience promotes and disseminates experiences of wine tourism through vouchers and online reservations. The voucher acts as a means of payment with the entity providing the services, at the choice of the acquirer with or without intermediation in the reservation of the service. The online booking system allows the customer to purchase a Wine Tour Experience for the activities legally framed within the exercise.
1.4 – The Wine Tour Experience sells experiences organized, conducted and provided by partners, who are legally certified entities for its exercise by Turismo de Portugal.
1.5 – The experiences marketed by the Wine Tour Experience as a tour operator comply with the requirements established and approved by Turismo de Portugal for the activity of the Tourist Animation Companies, including the Marítimo-Turísticos operators, and are regulated by Decree-Law no. 108/2009 of 15 May, as amended by Decree-Law no. 95/2013 of 19 July and by Decree-Law no. 186/2015 of 3 September.
1.6 – The purchase of wine tourism experiences must be made by users of the Wine Tour Experience platform with an age equal to or greater than 18 (eighteen) years. The elements and information transmitted by the user will enjoy full legal effects, recognizing the user’s electronic purchases, and can not claim the lack of signature for non-compliance with the obligations assumed.
1.7 – By registering and / or acquiring an experience of wine tourism by the Wine Tour Experience, the user expressly accepts and accepts the Terms and Conditions described in this document, assuming that he / she is fully aware of all its content and its legal implications .
2. Purchase of Vouchers and Online Booking
2.1 – The voucher acts as payment method of the experience with the partner who organizes and realizes the experience.
2.2 – The experience of wine tourism contains the following descriptions: title of the experience, photos merely illustrative, options to choose the voucher or reservation options with calendar, summary of the experience, what includes, conditions, other information, partner contact and location experience.
2.3 – The Wine Tour Experience will send all the vouchers purchased by the reservation to the email indicated by the client.
2.4 – The reservation of the experience of wine tourism is realized through the direct contact with our partners that provide the experience. The partner’s contact is in the description of the experience.
2.5 – In order to carry out the experience of wine tourism, the client must be the holder of the voucher of the reservation at the moment of its realization.
2.6 – For the enotourism experiences called “Immediate Booking” or “NO BOOKING”, the client can realize the experience of wine tourism without the need of reservation by dates. In this context, the customer can travel to the partner taking his voucher, during the hours of operation of the service, being conditioned by the immediate availability of this.
2.7 Experience is a service provided by the partner, so it is the responsibility of the partner entity that provides the experience to perform and confirm its scheduling, reception and customer service. Failure to comply with the experience according to the partner’s description, customer dissatisfaction with the services provided or complaints, as well as the legal implications thereof, are the responsibility of the partner company. If you wish, you can always ask for our help for service complaints that you are not satisfied with.
2.8 – Each experience has an expiration date to be used, corresponding to the period of time the partner provides the experience from the time of purchase or reservation on the platform. The validity of the vouchers can be found in the description of the experience. After this deadline or in the case of non-presence on the date and time of the reservation, the experience is automatically without effect, and there is no refund.
2.9 – It is not possible to exchange or refund vouchers and reservations whose experiences are scheduled to take place and the client is not present at the time of their realization, as indicated in the experiment.
2.10 – In case the client reserves the experience with the partner and does not appear according to the schedule, the voucher is not effective, taking into account the damage caused by the non-appearance.
2.11 – The Wine Tour Experience online booking service is immediately transmitted to the partner. The partner upon receiving the reservation request of the client can accept immediately, suggest a new date for its realization or cancel the reservation. In case of the suggestion of new date or cancellation of the reservation, the client is informed of the change.
2.12 – The invoice is issued immediately by InvoiceXpress software with communication to the Tax Authority, always concluding the payment of wine tourism experiences by the Wine Tour Experience platform on the Hipay Portugal platform. In case of reservation cancellation by the partner, the total value of the experience will not be charged. And if you wish, you can exchange your experience or request a refund, according to your right of free resolution.
2.13 – The Wine Tour Experience will do everything possible so that the information presented does not contain typographical errors, which will be quickly corrected if they occur. The customer or other user may suggest corrections to any error identified through firstname.lastname@example.org.
2.14 – Information on partners’ experiences is indicative and non-binding as content is the responsibility of the partner providing it.
2.15 – Information on prices, products, specifications, promotional actions and services can be changed at any time by the Wine Tour Experience.
3. Responsibilities and Insurance
3.1 – All products and services marketed by Wine Tour Experience are in accordance with Portuguese Law. The Wine Tour Experience has the National Registry of Agents of Tourist Animation 582/2016, with its activities approved by Turismo de Portugal. The partners’ experiences are provided by their institutions, which are also within the scope of their regulated activities and are compulsorily registered in Turismo de Portugal.
3.2 – The Wine Tour Experience has the adequate levels of security, however it will not be responsible for any damages suffered by the user (and / or third parties) due to delays, interruptions, errors and suspensions of communications that originate in factors outside of its control, in particular any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or any computer viruses or from downloading through the service of infected files or containing viruses or other properties that may affect the user’s equipment. If for any reason of error of access to the website of the Wine Tour Experience is impossible to provide service, Wine Tour Experience will not be responsible for any damages.
3.3 – Inquiries of data and information made within the scope of this service are presumed to be made by the user, with the Wine Tour Experience declining any responsibility arising from the misuse or fraudulent use of the information obtained.
3.4 – The Wine Tour Experience shall not be liable for any loss or damage caused by abusive use of the service that is not directly attributable to it as intent or gross negligence. The Wine Tour Experience is not responsible in particular for (i) errors, omissions or other inaccuracies regarding the information made available through the Service; (ii) damages caused by the fault of the user or of third parties, including infringements of intellectual property, (iii) failure or defective performance resulting from compliance with judicial decisions or administrative authorities or (iv) failure or failure to comply situations of extraordinary or unforeseeable nature outside the Wine Tour Experience and which can not be controlled, such as fires, power outages, explosions, wars, riots, civil unrest, decisions governmental organizations, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by the Wine Tour Experience that prevent or impair the fulfillment of the obligations assumed.
3.5 – The Wine Tour Experience does not guarantee that the service will be provided in an uninterrupted, error-free or infinite way, and will make every effort using the professionals competent to resolve this type of occurrence.
3.6 You agree that the Wine Tour Experience can not in any way be held liable for any damages, including but not limited to damages for loss resulting:
i) the use or impossibility of not performing the experience for reasons other than the Wine Tour Experience, namely due to unavailability of the partner or the customer, whatever the circumstance;
ii) the difficulty of marking any experience by extraneous factors;
(iii) access to or modification of experience not reported by the partner.
3.7 – Enotourism experience activities are covered by legally required compulsory insurance to suppliers of experiences within their activity. The risks related to the practice of any activity of an enotourism experience are assumed by the customer who enjoys the experience. The client freely consents and accepts the risks inherent to the activities described in the definition of the wine tourism experience, being covered by insurance under the legally required conditions of the supplier partners. It is the responsibility of the client to ensure that they have the physical and mental conditions to carry out the wine tourism experience. These experiences are reserved for those over 18 years of age. In the case of minors, it is the parents who give their informed consent so that they can carry it out with them.
3.8 – In the event of an accident occurring during the wine tourism experience, the client should immediately contact the experience partner, who will take the necessary measures to activate their compulsory insurance, within the scope of their legal activities.
4. Obligations of the Client (User)
4.1 – The client undertakes to:
i) Provide on your consent the correct and current personal data in the customer registration space. Being sure that they are properly used for the express and consensual purposes, as described by our policy of provability;
ii) Do not use false identities.
4.2 – If any of the data is incorrect, that is, insufficient, and for this reason there is a delay or impossibility in the processing of the experience, or if it is not sent, it is the responsibility of the user, and the Wine Tour Experience declines any responsibility in this matter . In case the user violates any of these obligations, Wine Tour Experience reserves the right to cancel future purchases, block access to the e-store, cancel the provision of any other services offered simultaneously by the Wine Tour Experience to the same user; and also does not allow future access by the user to any or any services provided by the Wine Tour Experience.
4.3 – The use of experiences of wine tourism acquired for the purpose of reselling services is expressly forbidden.
4.4. – Purchases or reservations are not allowed by persons under 18 years of age.
5. Privacy and Protection of Personal Data
5.1 – The Wine Tour Experience guarantees the confidentiality of all data provided by users complying with the rules set forth in the General Regulation on Data Protection (RGPD).
5.2 – The personal data identified in the customer registry as being of obligatory supply are indispensable to the provision of the service. The omission or inaccuracy of the data provided by the user is his sole responsibility and may lead to the refusal to provide the Service by the Wine Tour Experience.
5.3 – The personal data of the user will be processed, encrypted and stored by computer and are intended to be used by the Wine Tour Experience within the contractual and / or commercial relationship agreed by the user and, if authorized, to send a newsletter .
5.4 – Under the applicable legislation, the user is guaranteed, without additional charges, the right to access, rectify and update their personal data, either directly or through a communication, as well as the right to oppose the use of the same for the purposes set forth in previous number
6. Cancellation of Experiences
6.1 – At the request of the user:
i) The user can cancel the experience by requesting directly to the experience supplier, according to the cancellation policy of the experience, except in the wine tourism experiences that are carried out by the Wine Tour Experience itself.
ii) To cancel an experience of wine tourism provided and provided by the Wine Tour Experience the user should contact the telephone number (+ 351 210 105 630) or by e-mail (email@example.com) referring the corresponding data. Cancellation will be accepted provided the reservation has been made up to 10 business days prior to the date of the experiment.
For cancellation purposes, the user must indicate the following data:
a) Experiment Number
b) Full name
6.2 – By Wine Tour Experience decision:
i) The Wine Tour Experience reserves the right not to process the issuance of vouchers or confirmations of reservations, when it verifies some inconsistency in the presented personal data or to observe bad conduct on the part of the client.
6.3 – The Wine tour Experience reserves the right not to process any experience or resolution within the legal time limit, in case of errors in the values and / or characteristics of the experiences, when these are due to technical problems or errors not Wine Tour Experience, in particular the responsibility of the experience partner.
7. Right of Free Resolution
7.1 – The customer, who is a user of the Wine Tour Experience platform, may exercise the right of free resolution within a period of up to 14 (fourteen) days from the date of purchase of the voucher, confirmed by e-mail.
7.2 – In the case of online booking of experiences with a scheduled date, no refunds are made, as described by the law in force.
7.3 – The client may request the exchange of experience within the aforementioned legal deadline. The replacement of the voucher is made in the amount equal to what was paid. In case the value is higher, the customer can exchange with the payment of the differential.
i) In order to exercise the right of free resolution, the user may make in their customer space “exchange experience” or may contact the Wine Tour Experience, indicating their customer registration data and send the copy of the invoice the experience you want to solve, as well as the date of purchase. The communication must be made by e-mail to firstname.lastname@example.org, within the period defined above.
7.4 – In case of communication of return request, the value corresponding to the amount paid by the experience (value of the sales invoice) will be returned to the user. If you have used a promotional discount code, this amount will not be refunded, ie the refund will only be for the amount actually paid.
7.5 – The method of refund of the amount to be returned depends on the payment method used in the respective purchase. In the case of payments with credit card and PayPal, these will be credited to the respective accounts. In other cases, when IBAN information is provided, the refund is made to the indicated bank account. The refund is made up to 14 days after receiving the free will resolution.
8. Intellectual Property
8.1 – The Wine Tour Experience is owned by the IEA – International Wine Entity Agency, Unipessoal Lda. And the exclusive owner of the industrial and intellectual property rights of the site, its design and creations of specialized experiences in wine tourism through e-voucher ( e-voucher) and online reservations with content and presentation on this platform.
8.2 – The Wine Tour Experience is a registered site and the service provided by the website itself is the responsibility of the AIE – International Wine Agency, Unipessoal LDA.
8.3 – The user acknowledges that the service contains confidential information and is protected by the exclusive rights and related rights of Wine Tour Experience, industrial property and other applicable laws.
8.4 You acknowledge that any content appearing in the advertising, highlighting, promotion or mention of any sponsor, advertiser or partner is protected by copyright and related rights laws, industrial property laws and other copyright protection laws. property, and any use of such content may only occur under the express authorization of the IEA – International Wine Agency, Unipessoal LDA.
8.5 – The user undertakes to fully respect the rights referred to in the preceding paragraph, namely to refrain from any acts that may violate the law or such rights, such as copy / reproduction, transmission or the making available to the public of such contents or any other unauthorized acts that have as their object the same exclusive contents of Wine Tour Experience.
9.1 – Without prejudice to other forms of communication provided for in this Term and General Conditions, notifications made to the user that relate to the service, including any changes to these General Conditions, may be sent to the user’s email address, for SMS or telephone contact, as available in the customer record.
9.2 – In case you sign up to receive the Wine Tour Experience newsletter, it will be sent to the indicated email address (e-mail).
9.3 – The user may request at any time the cancellation of these communications and / or notifications through the Contact Form or through the option “Do not receive the Newsletter” registered in the email.
10. Technical Settings
10.1 – Notwithstanding the provisions of the following paragraph, the Wine Tour Experience may change the service and / or the technical conditions of its provision, as well as the respective rules of use, and shall disclose such changes to the user by means of a communication.
10.2 – The current version of these General Terms and Conditions and its annexes is available on the website.
11. Suggestions and Complaints
11.1 – The user may submit any contractual conflicts to the arbitration and mediation mechanisms described in this instrument, as well as claim from the Wine Tour Experience acts and omissions that violate the legal provisions applicable to the acquisition of the experiences. The suggestion or complaint should be sent by means of a communication to email@example.com.
11.2 – The complaint must be submitted within a maximum of thirty (30) days, counted from the knowledge of the facts by the user, being recorded in the information systems of the Wine Tour Experience that shall process the complaint and notify the interested party within a maximum period of Thirty (30) days from the date of its receipt.
11.3 – In the case of online consumer litigation, the consumer may use an online dispute resolution (RLL) system, the ODR Platform (“online dispute resolution”), which has the power to resolve disputes regarding contractual obligations resulting from sales contracts or online services, available at https://webgate.ec.europa.eu/odr.
11.4 – For all disputes arising from these Terms and Conditions of use, the Judicial Court of the District of Lisbon is competent, with express waiver of any other.
For Complaints and Complaints – firstname.lastname@example.org
More information at Portal do Consumidor – www.consumidor.pt
12. Governing Law
The Contract is governed by Portuguese law.
Updated in Lisbon, August 5, 2018.