TERMS & CONDITIONS
From 26/10/2023
PREVIOUS INFORMATION
The following conditions are agreed upon between Bibala Services Al-ghrif, LDA., headquartered at Rua do Turismo 72, 8500-791 Portimão, a Tourist Animation and Maritime-Tourist Operator company with RNAAT number 1118/2023, hereinafter referred to as The Sailor, and any person, hereinafter referred to as the CLIENT, who wishes to purchase tickets or book a trip to enjoy the trips, tour or experiences described on the websites www.thesailorcharter.com.
The acquisition of any service provided by The Sailor depends on the registration of the CLIENT's data, by providing the information requested at the time of purchase, including full name, email, and telephone number, as well as the full and unconditional acceptance of these Terms and Conditions.
The CLIENT declares to be of legal age (18 years or older) and to have the legal capacity to understand and contract the acquisition of services provided by The Sailor, in accordance with the provisions of these Terms and Conditions.
The Sailor guarantees the existence of the services published on its websites www.thesailorcharter.com on the date of their respective consultation and declares that it uses all available means to ensure the accuracy and completeness of the information therein, assuming no responsibility in any case if the provided information is not accurate or complete.
The Sailor reserves the right to change, add, or delete in whole or in part these Terms and Conditions, which will take effect after their publication on the websites www.teshailorcharter.com, with the CLIENT always subject to the Terms and Conditions in effect at the time of purchase.
VERBIAGE
“Terms” General Terms and Conditions.
“Service” operated by The Sailor.
“TS”, “us”, “we” and “our” refer to The Sailor.
“Client” refers to the individual or group that confirms the reservation and undertakes a trip.
Below are listed general terms and conditions regarding our service.
Please read these Terms and Conditions carefully before using the http://www.thesailorcharter.com website.
TS directly owns the yacht listed on this page. We act as a booking website for TS to secure the reservation and ensure you receive the highest level of service.
Our dedication is always to the client and to representing your best interests, delivering the highest quality. We check standards and monitor feedback at all times. Where we feel quality or safety standards are not of the highest level we will in all cases take action to improve or remove the product from our offering.
CELEBRATION OF THE CONTRACT (ACQUISITION PROCEDURE)
The object of this contract consists of bookings by the CLIENT for the services provided by TS, as identified on the websites www.thesailorcharter.com, at the prices indicated on these websites or agreed per email depending on the service requested at the time of contracting.
The contract can be celebrated through the following channels: online (via the website www.thesailorcharter.com) , by phone (via the number +351 926699771), via email at services@thesailorcharter.com or through authorized resellers such as Online Travel Agencies, and local hotels/kiosks with partnerships.
The procedures for acquiring tickets online are detailed on the website www.thesailorcharter.com, which the CLIENT must follow until their formalization. This formalization is only possible after the express and unconditional acceptance of these Terms and Conditions, of which the CLIENT is made aware prior to contracting TS services.
The procedures for acquiring tickets by phone are provided by the TS operator at the time of purchase, which the CLIENT must follow until formalization. This formalization is only possible after the express and unconditional acceptance of the Terms and Conditions, which are available for consultation on the website www.thesailorcharter.com. The CLIENT retains the option to cancel the purchase according to the deadlines established in the Terms and Conditions.
The procedures for acquiring tickets in person are provided by the TS operator at the time of purchase, which the CLIENT must follow until formalization. Formalization is only possible after the express and unconditional acceptance of the present Terms and Conditions, which are available for consultation on the websites www.thesailorcharter.com.
The procedures for purchasing tickets through an authorized reseller are provided by the seller at the time of purchase, which the CLIENT must follow until formalization. This formalization is only possible after the express and unconditional acceptance of the Terms and Conditions, which are available for consultation on the websites www.thesailorcharter.com, except for ticket prices, payment procedures, and invoicing, which will be determined by the specific reseller.
The prices indicated on the website www.thesailorcharter.com or by the TS operator at the time of purchase are in euros and include the legally applicable VAT.
TS reserves the right to change ticket prices at any time and without prior notice, as well as to temporarily or definitively suspend or cancel their sale. However, the rights arising from purchases already made by the CLIENT are not affected.
TS product tickets are sold for specific dates and times, and the CLIENT can only change them by sending a request to F with a minimum of 96 hours notice before the date/time of the purchased tickets. Changes to the date and/or time of the tickets will only take effect after confirmation of availability by TS via email.
Online payments can only be made by using a CARD, so the CLIENT must provide the relevant information, including the card number, expiration date, and CVV code, which will be entered into the computer platform used by TS at that time. In-person TS only accepts cash or MBWAY.
The online ticket acquisition process will be completed by entering the data mentioned in the previous number and validating it by the system in place, after which a payment confirmation will be automatically sent by email to the CLIENT.
After payment confirmation, TS will issue an invoice/ticket that will also be sent to the CLIENT by email by the end of the day, for both online and in-person purchases. If for any reason the CLIENT does not receive the invoice/ticket within a maximum of 2 hours after payment confirmation, they should contact TS via email at services@thesailorcharter.com.
The CLIENT is fully responsible for the fate of the ticket(s), including their non-use, loss, theft, robbery, or destruction, and cannot demand any compensation or indemnification from TS.
TS trips and experiences products require a deposit of 30% to secure a reservation. No reservation is confirmed until the deposit has been paid.
The balance of payment will be due on or before the departure of the trip/experience product.
In certain cases, TS reserves the right to request full payment at the time of reservation.
CONTRACT TERMINATION (REFUND POLICY)
TS reserves the right to cancel any bookings made. In the event of a cancellation, no liability shall fall on TS. In The event, that TS cancels the booking all deposits or payments in full shall be returned to the client.
TS rarely cancels but in certain instances it is unavoidable. Cancellations will generally only occur due to bad weather conditions, sea conditions, mechanical failure, or illness leading to a lack of qualified crew.
CANCELATION BY THE CLIENT
Once a deposit is made the trip/tour is secured, and as such TS can no longer accept reservations for that timeslot. Due to this, TS is unable to refund a deposit in the event of a cancellation by the client.
If the client has made payment in full and cancels, then no refund will be possible.
In the event that the client wishes to change the date or time of the reservation TS will attempt to oblige but, in the event this is not possible, then no refunds will be issued, and the original reservation will hold firm.
THIRD-PARTY RESERVATIONS
In some circumstances, the client will have made a reservation through a third party such as a hotel, booking agency, ticket shop, or online portal. In these cases, TS accepts no responsibility or liability for misinformation, cancelation, or communication errors.
BOARDING/DISEMBARK LOCATION FOR THE SERVICE PROVIDED
The boarding (and disembarking) location for the service provided by TS is situated at Dock Bartolomeu Dias, Portimão, in front of the Zona Ribeirinha of Portimão.
Access to the yacht is often by a steep ramp and a step across the water to board the yacht. It can happen that the access is quite narrow. Access can be a challenge for less abled persons and TS cannot accept responsibility for delay or cancellation due to access issues.
TS is fully committed to making the trips available to all ages and abilities, however. TS requests plenty of notice and advance communication in regard to particular mobility issues to avoid delay, cancelation, and disappointment. Yachts are not ideal for the less physically able but with time and information, we can provide extra crew and resources to help make it happen. Please drop us a contact mail for more information on Disabled Access.
TS wants you to have the very best experience and memories. To help us in helping you attain such experience, communication is paramount, so please talk to us.
ITINERARY CHANGES
Itineraries discussed in email and verbally prior to the trip date are always subject to changes and updates as we factor in tides, winds, weather, and other issues beyond our control. TS accepts no liability for changes to the discussed itinerary. Itinerary changes do not constitute cancellation and under these terms should the client cancel the reservation due to itinerary changes then liabilities will show as a Client Cancelation.
Typical itinerary changes could be:
A change to departure and arrival times;
Inability to stop for swimming;
Inability to use the SUP;
Change of lunch venue or catering options.
All yacht trips, the Benagil tour, and experiences are totally governed by the weather and the sea conditions. We reserve the right not to operate in the event of large swell, the final decision belonging to the skipper. Safety is always our number 1, 2 and 3 priority.
FOOD AND BEVERAGES
ALLERGIES
TS accepts no liability for the effects of allergic reactions whilst in our yacht or workspaces. The client is responsible for informing TS of any medical conditions and allergies that can affect the trip. With advance notice, TS can prepare the yacht with allergies in mind OR can refuse to accept the reservation if there is deemed to be a risk to health and life.
RELIGION
The client has the responsibility to inform us of any religious preferences relating to food or drink and any other considerations deemed to be culturally relevant.
TS will endeavour to tailor the trip to the client’s requests bearing in mind the security and the comfort of our crew and under Portuguese law.
ATTENTION
Any food and drink supplied by the client is subject to the approval of TS and should be informed 24 hours before the trip. This is to protect the vessel from certain damages that can occur through spillage, etc.
Red wine, red Port, Blackcurrant juice, and other such red drinks are not permitted on board.
DAMAGE WAIVER AND LIABILITIES
If our vessel is damaged due to the actions of the client or their guests, TS will inform the client within 24 hours. The damage and the cause of the damage will be stated in writing within 48 hours.
TS will then obtain a quotation from a relevant contractor for the required repairs or replacement. The quote will be forwarded to the client for payment or charged to the payment card.
Clients may be requested and required to pay up to 5000€ for any damage caused to our vessel until the full evaluation of repairs has been calculated. Any excess amount is returned to the client once the repair cost has been settled.
Any dispute must be informed in writing to the director of operations.
Any extra cleaning required as a result of your charter is deemed chargeable under damage waiver agreement.
Any fines incurred through the local marine authority as a direct action or failure to comply with TS policies or local laws will be fully chargeable to the client under the damage waiver.
No liability or responsibility is accepted for any loss or additional expenses incurred by accident, injury, sickness or death.
A mature adult must supervise all persons under the age of 18 years.
Any food and drink supplied by the client is subject to the approval of TS and should be informed 24 hours before the trip. This is to protect the vessel from certain damages that can occur through spillage, etc.
TS do not allow smoking throughout the yacht interior, only on the rear swim platform is smoking permitted. Failure to comply will lead to immediate termination of the charter.
Red wine, red Port, Blackcurrant juice, and other such red drinks are not permitted on board.
TS shall not be liable for any losses suffered by the customer and/or third parties, resulting from:
Access and use, or the inability to access and use, the contents of the websites www.thesailorcharter.com or the telephone service system;
Delays, interruptions, errors, communication suspensions, and loss of information;
Damage caused by third parties or attacks on the server or the telephone service system affecting the quality of their services;
Deficiencies or failures in communication networks, as well as those caused by the computer system, modems, connection software, and/or potential computer viruses that may affect the CLIENT's software and/or equipment, especially when the CLIENT does not install adequate protection software;
Failures in capturing, viewing, or using the websites or the telephone service system;
Unauthorized use of TS software, equipment, and/or facilities;
Force majeure events, including, but not limited to, any unforeseeable and inevitable situations, even if they were foreseeable, such as strikes or labor disputes that prevent or hinder the provision of the services marketed, accidents, fires, floods, earthquakes, pandemics, wars, trade embargoes, or any legislative changes;
The CLIENT is responsible for their personal data and its updating, ensuring its confidentiality.
In case of misuse or fraudulent use of the websites www.thesailorcharter.com or the telephone service system, regardless of the legal procedures applicable to the specific case, TS reserves the right to delete the CLIENT's record and cancel the right to enjoy the purchased service.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is necessary, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
TS yacht is fully compliant with current and local safety regulations. TS yacht is inspected annually.
TS only employs fully qualified and experienced crew and captains. The Captain’s orders are final and under maritime authority, they have the right to terminate any trip at any time in instances where clients are disrespectful or in instances of anti-social or reckless behavior.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
CLIENT SUPPORT
Any requests for information, questions, or complaints should be made through the email services@thesailorcharter.com.
All communications to be made by the CLIENT under these Terms and Conditions should be sent to the email services@thesailorcharter.com.
All communications to be sent to the CLIENT will be forwarded to the email address provided by the CLIENT at the time of identification, and the CLIENT undertakes to inform TS of any changes.
In the event that the CLIENT does not comply with the provision in the previous paragraph, for the purpose of receiving communications, they will be considered validly conducted when sent to the initially provided email address.
If you have any questions about these Terms, don’t hesitate to get in touch with us at services@thesailorcharter.com.
Thank you for your preference.
THE SAILOR
Bibala Services Al-ghrif, LDA
Rua do Turismo 72
8500-791 Portimão
+351 924 748 781