1. INTRODUCTION
By using or visiting the website hosted at www.pestana.com (“Site”) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, “Content”), resources and services, including newsletter (collectively, including the Content, the “Services”) made available through it, you, as a user of or visitor to the same (“User”), agree to and accept (i) these Terms of Use (“Terms of Use”) and (ii) the privacy and personal data protection policy available at Privacy Policy.

The Site is owned by PESTANA MANAGEMENT – SERVIÇOS DE GESTÃO S.A., a public limited company with registered office at Largo António Nobre, Sé, Funchal, registered at the Companies Registrar of Funchal under the single registration and VAT number 511230397, with a share capital of EUR 50,000.00 (“Pestana Management”), which is part of the hotel group controlled by Grupo Pestana, SGPS, S.A. (“Grupo Pestana”).
Through the Site, Pestana Management gives the User access to the Services. The Services, including updates, developments, new tools and/or new web properties, are subject to these Terms of Use.

Travel and/or accommodation reservations can be made through the Site, although the counterparty in contracts concluded through the Site that have as their object the provision of tourist services is another entity of the Pestana Group, duly licensed and identified in the General Booking Conditions, Pestana Management being limited to making available the platform that allows the contracting of the services by the User, consequently not assuming any responsibility for problems arising from the execution of such contracts.

2. GENERAL USER OBLIGATIONS AND LIABILITY
Pestana Management reserves the right to alter these Terms of Use at any time, simply by placing the alterations online on the Site, and it is the exclusive responsibility of the User to check and comply with them at the time of each use. Use of the Site after the posting of changes constitutes acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or generally with the Terms of Use, you should immediately stop using the Site and Services.

By accessing, using and downloading material from the Site, you agree, on behalf of yourself and/or the entity on whose behalf you are acting, to comply in a timely manner with these Terms of Use and warrant that you are authorised to act on behalf of the third party that you represent, if any.
Access to the Services by any means other than through the interface made available by Pestana Management, as well as access (or attempted access) to the Site and/or Services through automated means (including the use of scripts or web crawlers) is expressly prohibited.

It is expressly forbidden to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to the image of Pestana Management in the marketplace. Usurpation, counterfeiting, taking advantage of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.

It is also forbidden for the User to create or introduce into this Site any type of virus or programmes that may damage or contaminate it, or to advise third parties to do so.

User Account
In order to access certain Services and restricted areas of the Site, you may be required to provide certain personal data (such as identification and contact details) as part of the registration process to create a user account on the Site (“User Account”). You must provide a valid e-mail address which you have the right to access legitimately, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete and accurate.

You are responsible for maintaining the confidentiality of your password. If you detect any illicit use of your User Account, you must immediately notify Pestana Management. Nevertheless, you may be held liable by Pestana Management or a third party for the unlawful use of your User Account or password.

The User account shall only be used by a third party with the consent of the account holder.

The User is solely liable for any consequential damage or loss of profit caused by its unlawful conduct when using the Website and the Services and the Content it makes available on the Website.

If Pestana Management disables or otherwise removes access to your User Account, you understand and agree that you may be prevented from accessing certain restricted areas of the Site, your User Account details or any content contained therein.

3. RIGHTS AND OBLIGATIONS OF PESTANA MANAGEMENT
Pestana Management reserves the right to (i) modify, add or remove portions of the Terms of Use at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or which violates third party intellectual property rights or the Terms of Use; (v) modify, replace, refuse access to, suspend or discontinue, partially or totally, the Site and the Services. These changes will take effect from the time of posting on the Site or sending any communications.

Pestana Management is committed to providing technical support to the User with a User Account, which is only available via e-mail.

4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
Ownership
All the information contained in the Site and Services and all data and information compiled by Pestana Management associated to it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which you have access as part of the Services or through their use are considered content of Pestana Management, of an entity of the Pestana Group or of a third party, when properly identified. The User may not modify, rent, lend, loan, sell, distribute or create a derivative work based on the said contents (in part or in full) unless expressly authorised in writing to do so by Pestana Management or by a third party holding the respective intellectual property and personality rights.

The User acknowledges and agrees that Pestana Management and the applicable entities of the Pestana Group (as applicable) retain all intellectual property rights (whether such rights are registered or unregistered and wherever in the world those rights may exist) in relation to the Services. Pestana Management and the applicable entities of the Pestana Group (as applicable) retain all rights not expressly granted to the User in these Terms of Use.
You further agree not to remove, obscure or alter any intellectual property rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

Brands and Related
Unless expressly authorised by Pestana Management to do so, nothing in the Terms of Use confers on the User the right to use any of the trademarks, trade names, service marks, logos, domain names and other distinctive brand features of Pestana Management or any other entity of the Pestana Group.

Software
Pestana Management grants the User a personal, worldwide, free, non-transferable and non-exclusive licence to use the booking interface on the Site as part of the Services provided (“Software”). The sole purpose of this licence is to allow you to use and enjoy the booking service as made available on the Site in the manner permitted by the Terms of Use.

You may not (and may not permit any third party to) copy, modify, create a derivative work from, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or provided for by applicable law or unless you have been specifically authorized to do so in writing by Pestana Management. Unless Pestana Management has given you specific written permission to do so, you may not assign (or sub-license) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

5. EXCLUSION OF GUARANTEES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PESTANA MANAGEMENT MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES. IN PARTICULAR, PESTANA MANAGEMENT DOES NOT GUARANTEE THE USER THAT (I) THE USE OF THE SERVICES MEETS YOUR NEEDS OR EXPECTATIONS; (II) THE USE OF THE SERVICES IS UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED AS A RESULT OF USING THE SERVICES IS ACCURATE OR RELIABLE; AND (IV) DEFECTS, IF ANY, IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMITY WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THE TERMS OF USE.

YOUR USE OF THE SITE, THE SERVICES AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES AND LOST PROFITS CAUSED TO ANY EQUIPMENT ON WHICH YOU USE OR VIEW THE SITE, THE SERVICES AND THE MATERIALS AVAILABLE THEREIN.

NOTHING IN THE TERMS OF USE SHALL AFFECT THE RIGHTS PROVIDED BY APPLICABLE LAW TO WHICH THE USER IS ALWAYS ENTITLED AS A CONSUMER, IF IN THAT CAPACITY HE INTERVENES AND RELATES TO PESTANA MANAGEMENT, AND WHICH, CONTRACTUALLY, HE CANNOT AGREE TO ALTER OR WAIVE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FROM PESTANA MANAGEMENT SHALL BE CONSTRUED AS CONSTITUTING A WARRANTY OF ANY KIND UNLESS EXPRESSLY PROVIDED FOR IN THE TERMS OF USE.

TO FACILITATE USER ACCESSIBILITY, PESTANA MANAGEMENT MAY INCLUDE LINKS TO WEBSITES THAT ARE OWNED OR OPERATED BY THIRD PARTIES. WHEN USING LINKS TO SUCH THIRD PARTY SITES, YOU MUST REVIEW AND ACCEPT THE RULES OF THAT SITE BEFORE USING IT. YOU MUST ALSO ACCEPT THAT PESTANA MANAGEMENT DOES NOT CONTROL THE CONTENT OF THAT SITE AND CANNOT ACCEPT ANY RESPONSIBILITY FOR MATERIAL CREATED OR PUBLISHED BY SUCH THIRD PARTY SITES. FURTHERMORE, A LINK TO A NON-PESTANA MANAGEMENT SITE DOES NOT MEAN THAT PESTANA MANAGEMENT ENDORSES THE SITE OR THE PRODUCTS AND SERVICES REFERENCED THEREIN.

6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PESTANA MANAGEMENT ASSUMES NO LIABILITY TO THE USER FOR:

(I) ANY DAMAGES RESULTING FROM THE USE OF THE WEBSITE AND THE SERVICES, INCLUDING THE BOOKING OF TRAVEL AND/OR ACCOMMODATION TO THE EXTENT THAT THIS SERVICE IS PROVIDED BY ANOTHER ENTITY OF THE PESTANA GROUP;

(II) ANY RESULTING DAMAGE: (A) ANY JUDGMENT OF THE USER AS TO THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISEMENT OR ANY RELATIONSHIP OR TRANSACTION ENTERED INTO WITH ANY ADVERTISER WHOSE ADVERTISING IS DISPLAYED ON THE PESTANA MANAGEMENT SERVICES OR NEWSLETTER; (B) ANY CHANGES THAT PESTANA MANAGEMENT MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY CESSATION OF THE PROVISION OF THE SERVICES (OR ANY FEATURES OF THE SERVICES); (C) THE DELETION, CORRUPTION OR STORAGE ERROR OF ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE SERVICES; (D) DIRECT OR INDIRECT VIOLATION OF THE TERMS OF USE; (E) FAILURE TO MAINTAIN THE SECURITY AND CONFIDENTIALITY OF THE PASSWORD OR USER ACCOUNT DETAILS.

THE LIABILITY OF PESTANA MANAGEMENT TO COMPENSATE YOU FOR ANY CONSEQUENTIAL DAMAGES AND LOST PROFITS IN CONNECTION WITH THE SITE AND THE SERVICES CAUSED BY PESTANA MANAGEMENT, ITS REPRESENTATIVES OR AGENTS IS LIMITED TO CASES WHERE YOU ACT WITH INTENT OR GROSS NEGLIGENCE. IF YOU DISAGREE, PARTIALLY OR TOTALLY, WITH THE SITE OR THE SERVICES, OR WITH THE TERMS OF USE, YOU HAVE ONLY THE RIGHT TO STOP USING THE SITE OR THE SERVICES, AS APPLICABLE, AND TO REQUEST THE CANCELLATION OF YOUR USER ACCOUNT.

7. POLÍTICA DE PRIVACIDADE
The Privacy Policy is available at [http://www .pestana.com/pt/informacao/pages/politica-privacidade.aspx]The document contains an explanation of the procedures adopted by Pestana Management and by third parties providing services through the Site in relation to the processing of the personal data of its Users and the protection of their privacy when using the Site and Services. You agree that Pestana Management collects and processes your personal data in accordance with the Privacy Policy.

8. GENERAL PROVISIONS
Prevalence
In the event of any conflict between the Terms of Use and other specific provisions or specific terms and conditions existing on the Site relating to particular materials, the latter shall prevail.

Exercise of Rights
The non-exercise or non-immediate application of rights or provisions by Pestana Management, provided for in the Terms of Use, shall not be interpreted as a waiver thereof.

Integrality
The Terms of Use constitute the entire agreement between the User and Pestana Management regarding the use and consultation by the User of the Site and the Services and regulate the use of the same (excluding any Services that may be provided by Pestana Management under a separate written contract), replacing in full any previous agreements established between the User and Pestana Management in relation to the Site and the Services.

Reduction
Invalidity, declared by a final court decision or arbitration award, of any provision of the Terms of Use shall not determine the invalidity of the remaining provisions, and Pestana Management reserves the right, if necessary, to modify the Terms of Use accordingly in order to overcome the invalidity.
Notifications/Communications/Complaints
Any notifications and communications from Pestana Management to the user under the Terms of Use shall preferably be made to the email address or address provided by the user in its User Account, without prejudice to Pestana Management being able to use other elements and forms of contact.
Any notifications, communications and complaints from the User should preferably be made to the email address [ suporte.ecommerce@pestana.com] .

9. APPLICABLE LAW AND JURISDICTION
The Terms of Use, as well as the User’s relationship with Pestana Management in accordance with them, are governed by the applicable laws of the Republic of Portugal. The User and Pestana Management agree to submit to the exclusive jurisdiction of the judicial courts of the district of Lisbon to resolve any legal issues arising from the Terms of Use, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, Pestana Management may seek injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

General Booking Conditions
1. SCOPE
1.1 The present general conditions (“General Conditions”) govern and are an integral part of the service provision contract signed through the website www.pestana.com (“Site”) between Intervisa – Viagens e Turismo, S.A., a public limited company with registered office at Rua Ivone Silva, n.º 6, 5º, 1050 – 124 Lisbon, registered at the Commercial Registry Office of Lisbon under the single registration and taxpayer number 502669152, license number 163/1962, with a share capital of EUR 450. 000.00 (“Pestana Travels”) and the client who signs the contract (“Client”), whose object is to render tourist accommodation reservation services (“Accommodation”) and respective subsidiary tourist services in tourist resorts, local accommodation and, in general, in hotel units (“Hotels”) owned and/or operated by a company that integrates the hotel group controlled by Grupo Pestana, SGPS, S. A. (“Pestana Group”), and also, when contracted, of associated transportation services (“Transportation”) or other tourist services, requested by the Customer to Pestana Travels or sold or proposed to the Customer as Touristic Trips or Organized Trips (“Contract”).

1.2. For the purpose of the Contract, “Tourist Travel” means a trip combining at least two of the following services: Accommodation, Transport, or tourist services not subsidiary to the aforementioned; and “Organised Trip” means a Tourist Trip which is sold or offered for sale at an all-inclusive price where it exceeds twenty-four hours or includes an overnight stay.

1.3. The conclusion of the Contract, which occurs after the confirmation of the reservation through the Website, is made under the terms of these General Conditions, whose knowledge and acceptance by the Customer is manifested by validating the selection box for the purpose in the reservation form, being also of the Customer’s knowledge and acceptance of the Website Terms of Use and respective Privacy Policy.

2. RESERVES
2.1. When making any reservation, the Customer must fill in the respective form correctly, indicating the Hotel, Accommodation and (if applicable) Transport desired, the dates of departure, check-in and check-out and the applicable rate, always subject to confirmation of availability by Pestana Travels, as well as their personal details and payment information, taking full responsibility for the choices made and the information provided, which must be complete, true and up-to-date.

2.2. Upon confirmation of the reservation data by the Customer, a reservation code is attributed to him/her, which must be referred to in all contacts with Pestana Travels, the Customer acquiring the right to the travel services contracted with Pestana Travels, under the terms and conditions described in the respective booking voucher and in the Contract, after payment under the terms of section 9.

2.3. When only accommodation has been booked, the Customer is entirely responsible for obtaining and/or contracting means of transport that allow him/her to enjoy the services contracted, without prejudice to the Customer being able to contract this service to Pestana Travels independently (if available and provided that Pestana Travels accepts this).

2.4. Likewise, the Customer assumes full responsibility for possessing and/or obtaining the necessary documents (such as identification documents, permits, visas and vaccination certificates) for entry into the country and/or locality of the Hotel where the Accommodation is located or where he/she will make a stopover during the trip acquired, and must inform himself/herself of this in good time when having reserved only Accommodation. Pestana Travels accepts no responsibility for refusal to grant visas or entry permits to the Customer in any country, in which case the provisions of section 10 shall apply.

2.5. Organised Trips are organised by Pestana Travels, unless otherwise expressly stated in the respective travel programme.

2.6. In view of the special schemes and rates that exist for children, which vary, among other factors, according to age, service provider and travel dates, Pestana Travels advises the Customer to find out about them before making the booking.

2.7. No refunds shall be due for goods and/or services which, although made available to the Customer, the Customer chooses not to enjoy or use.

3. BENEFITS, PROMOTIONS AND DISCOUNTS
3.1. According to the agreements entered into by Pestana Travels with third parties (“Partners”) and which are in force on the date of the reservation made by the Customer, the Customer may have access to discounts and special rates (“Benefits”) when making a reservation, provided that the Customer is fully authorised by the Partner to obtain the Benefits and correctly introduces its identification number. Pestana Travels reserves the right to contact the Partner to obtain confirmation as to the applicability of the Benefits to a Customer.

3.2. In addition to the provisions of clause 3.1, Pestana Travels may run on the Site, whether or not limited in time, certain promotions (“Promotions”) and discounts (“Discounts”) on reservations made by Customers.

3.3. The following conditions apply to Benefits, Promotions and Discounts:
i) To benefit from certain Promotions and/or Discounts, the Customer may be required to enter a promotional code (“Promotional Code”) or to pay in advance for the reservation;
ii) Benefits, Promotions and Discounts are subject to availability;
iii) Pestana Travels reserves the right to cancel the Benefits, Promotions and/or Discounts or to reject a Promotion Code when the total value of the Promotion Codes already used exceeds a certain financial value or when they are used in a fraudulent manner (namely by someone who is not their holder/beneficiary);
iv) The Benefits, Promotions and Discounts are only valid for bookings made through the Website and are not transferable to third parties;
v) In the event of cancellation or non-use of a reservation made under a Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be returned to you, nor will its re-application to another reservation be guaranteed;
vi) If, on the Customer’s initiative, there is a change in the characteristics and/or ownership of a reservation made under a Benefit, Promotion or Discount, the Customer may lose the benefit/gratuity granted by the reservation, applying the provisions of section 10 in the event of withdrawal;
vii) The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts renders the Customer liable in general terms and gives Pestana Travels the right to choose between (a) the application of the tariff without discount and (b) termination of the Agreement, such termination being equivalent in its consequences to termination of the Agreement by the Customer under clause 10.1, without prejudice to Pestana Travels’ right to be indemnified for all damages suffered;
viii) Pestana Travels reserves the right to cancel and/or alter at any time the Benefits, Promotions and Discounts.

4. TAXES
Unless explicitly stated otherwise, taxes legally due (including, namely, Value Added Tax) will be added to the booking price and will be charged by Pestana Travels to the Customer together with the booking at the legal rate in force, depending on the contracted services.

5. RATES
5.1. The making of reservations, amendments thereto and cancellations may be subject to the payment of fees charged by Pestana Travels to the Customer, calculated according to the type of reservation, the date on which it is made (or the respective amendment or cancellation) and the applicable rate, to be disclosed when the Customer makes the reservation. Additionally, Pestana Travels may also charge the Customer additional fees for changes in reservations or cancellations, if these are required by the Pestana Group company that operates the Hotel where the Accommodation is located or by other service providers.

5.2. The fees are due for each reservation made, in return for Pestana Travels making the online booking services available to the Customer, and are debited at the time of payment of the reservation by the Customer.

5.3. The fees owed by the Customer to Pestana Travels as part of a reservation are not refundable if the Customer does not use or enjoy the contracted goods and/or services, as well as for any other reason not attributable to Pestana Travels, except if the Customer cancels the reservation under the terms (including term) described in the General Conditions.

5.4. If airport taxes are to be paid, these must be paid by the Customer at the time of booking or locally at the airport where they are required, and are not included in the ticket price.

6. CHANGES
6.1. The Customer may make changes to bookings of Package Travel under the following terms and conditions:
i) Ownership. The Customer may assign the reservation, provided that the Customer informs Pestana Travels in writing at least 7 days prior to the date of departure of the trip or entry into the Accommodation, and that such assignment is possible under the transport regulations applicable to the situation. The advance notice to be observed by the Customer is extended to 15 days for cruises and long-haul air travel. In any case, the transferor and the transferee are jointly and severally liable for the payment of the price and additional charges arising from the assignment;
ii) Other amendments. Any other changes to bookings, other than those referred to in the previous paragraph, require the express agreement of Pestana Travels, and may imply changes in price and/or be subject to the payment of fees, calculated according to the type of booking, the date of the change and the applicable rate.

6.2. The provisions of clause 6.1(ii) apply to changes requested by the Customer to any bookings made through the Website, other than bookings of Package Travel, mutatis mutandis.

6.3. Notwithstanding the provisions of clause 6.1, Pestana Travels may make alterations to an Organised Trip booked by the Customer up to 20 days prior to the scheduled departure date indicated on the booking voucher, if the alteration relates exclusively to the price and results from an increase in the cost of transport or fuel, the duties, taxes or fees chargeable or from exchange rate fluctuations, the price being altered in proportion to the increase verified in relation to the taxes or fees charged or the exchange rate in force on the date of the booking, as applicable.

7. ACCOMMODATION
7.1. The characteristics of the Hotel and Accommodation are as shown in the reservation. However, since the photographs of the Hotel were not taken on the day the Customer made the reservation, there may be non-substantial differences between the photograph and the reality on the date of the Customer’s enjoyment of the contracted services, which do not entitle the Customer to any modification of the Contract.

7.2. The prices shown are per room, but may be presented per person or according to other characteristics, which in any case will be duly indicated on the Site when making a reservation. If it is possible to book more people than the normal occupancy of the accommodation, an extra bed may have to be placed, which may not have the same comfort and quality as the other beds in the accommodation, reducing its usable area, the same happening with children’s beds.

7.3. The diets and their specificities are communicated to the Customer through the Website when making a reservation.

7.4. If nothing is stated in the reservation, the diet does not include any meal. When travelling on a diet that includes meals, those meals that coincide with the duration of the flight, transport to and from the airport, or waiting for air connections are not included.

7.5. The group, category and denomination of the Hotel where the Accommodation is located are determined by the applicable legislation of the Host State.

7.6. If the Guest shows up with more people than those indicated on the reservation to use the accommodation, the Hotel management may refuse entry, for which Pestana Travels cannot be held responsible.

7.7. If there is an overbooking situation (i.e. more reservations than available accommodation) at the Hotel where the accommodation booked by the Customer is located, the Customer expressly acknowledges and accepts that Pestana Travels may place him/her in another accommodation of the same Hotel or another Hotel of the same category (in any case, ensuring that the quality of the accommodation provided is not inferior to the accommodation booked by the Customer), at no additional cost to the Customer, and without being entitled to any compensation or termination of the Contract for this reason.

7.8. As a rule, the accommodation can be used from 16:00 on the day of arrival and must be vacated before 12:00 on the day of departure (in both cases, at the local time of the respective Hotel). Staying in the Accommodation beyond the departure time may lead to payment of additional amounts, for which the Customer is solely responsible.

7.9. If the Guest fails to show up at the Hotel until 23:59 of the check-in date indicated on the booking voucher, the Hotel may disregard the booking and sell the Accommodation to a third party, a situation for which Pestana Travels cannot be held responsible.

7.10. The Customer must comply with the internal regulations for use of the Hotel, if any, and Pestana Travels cannot be held responsible for any damages suffered by the Customer as a result of its violation.

8. TRANSPORT
8.1. As most airlines guarantee the price of air tickets for a period not exceeding 12 hours, the fares available on the Site are subject to confirmation by Pestana Travels after the reservation is made by the Customer and their price may vary due to the time interval between making the reservation and purchasing the ticket.

8.2. All the air fares presented herein have associated rules, which relate not only to acquisition conditions, but also to alterations after issue and cancellations, the content of which is made available by Pestana Travels and which the Customer must be aware of and be responsible for fully complying with.

8.3. Arrival and departure times are indicated in the local time of the respective destination and are determined according to the schedules of the transport companies and are therefore subject to change.

9. PAYMENT
9.1. The Customer must pay the amount indicated in the reservation form as a prerequisite to be able to enjoy the contracted reservation.

9.2. The payment of the reservation can be made by the Customer (i) on the Site, on the date the reservation is made, or (ii) at the Hotel, on the date of entry into the accommodation (if this method is available for the type of reservation made by the Customer).

9.3. If the Client chooses to pay for the reservation when it is made, he/she must do so using a credit card of his/her own, within the list of issuing entities with which Pestana Travels collaborates and that is made available on the reservation form, with the payment being accepted by Pestana Travels within the limits authorised by the issuing entities.

9.4. Alternatively, if the Customer wishes to pay for the reservation only at the Hotel, he/she may do so under the terms permitted by the Hotel, and must inform Pestana Travels in due time about which means of payment are accepted. Notwithstanding this, Pestana Travels will always request, when making a reservation on the Site, information about the credit card for the purpose of guaranteeing the reservation, with Pestana Travels undertaking to debit it for the amount corresponding to the first night booked only if (i) the Customer fails to show up at the Hotel on the date of entry indicated on the booking confirmation or (ii) cancel the reservation without the advance notice foreseen in the respective proof of reservation, which the Customer expressly accepts and authorises.

9.5. The credit card information entered by the Customer is protected by Verisign under the terms of the Pestana Travels Privacy Policy.

10. CANCELLATION
10.1. When having booked an Organised Trip, and only in this case, the Customer may, at any time, give up the reservation and rescind the Contract, as long as he/she communicates this to Pestana Travels until the departure date indicated on the booking voucher, in which case he/she is entitled to a refund of the amounts paid for the reservation made, less the following expenses, calculated according to the reservation made:
i) Management costs. Pestana Travels’ management and administrative costs for obtaining the booking and its cancellation;
ii) Cancellation costs. Non-refundable cancellation fees charged by the company operating the Hotel where the Accommodation is located or by other service providers (airlines, tour guides, etc.);
iii) Cancellation penalty. A penalty for cancellation of the booking, not exceeding 15% of the amount paid by the Customer.

10.2. Pestana Travels reserves the right to cancel an Organised Trip if the number of participants is less than the minimum required for it to take place, for which purpose it must inform the Customer in writing at least 5 days in advance.

10.3. Cancellation of any reservations made through the Site, which are not Organised Travel reservations, implies the loss, in favour of Pestana Travels, of any amounts paid by the Customer, unless the opposite expressly results from the respective booking voucher.

11. IMPOSSIBILITY OF COMPLIANCE
When Pestana Travels is unable to fulfil its obligations under the Agreement for reasons beyond its control, it shall immediately notify the Customer of such impossibility. If the impossibility concerns an essential obligation, the Customer may terminate the Contract without penalty or accept in writing an amendment to the Contract and possible variation of the price. The Customer must notify Pestana Travels of his decision within 4 working days of receiving notification from Pestana Travels, and if he does not say anything, he shall be deemed to be in agreement with the change.

12. COMPLAINTS
12.1. Any deficiency in the execution of the Contract regarding the services provided by third party service providers must be communicated to Pestana Travels in writing within a maximum of 20 working days after the end of the services contracted by the Customer.

12.2. For a complaint to be analysed by Pestana Travels, it must have been previously reported by the Customer to the service provider (Hotels, airlines, guides, etc.) during the course of the trip or stay, requiring from them the respective documents proving the occurrence.

12.3. In the event of a claim for non-compliance with the services contracted with Pestana Travels, the Customer may call the deposit provided for in the applicable legislation (as long as the claim is based on non-compliance with duties whose compliance is guaranteed by that deposit), and to this end, the Customer shall request Turismo de Portugal, I. P., to request that the guarantor be called, submitting:
i) Judgment that has become final and unappealable, stating the amount of the debt due, certain and liquid;
(ii) Arbitration award;
iii) Application requesting the intervention of the Arbitration Committee, under the terms of the applicable legislation, together with the elements proving the alleged facts.

13. LIABILITY
13.1. When it comes to Organised Travel, Pestana Travels is liable to Customers under the terms of the law, unless:
i) The cancellation is based on the fact that the number of participants in the Organised Trip is lower than the minimum required and the Customer is informed in writing of the cancellation within the period foreseen in the trip programme;
ii) The non-fulfilment does not result from over-booking and is due to situations of force majeure or unforeseeable circumstances, outside Pestana Travels’ control, the consequences of which could not have been avoided in spite of all due diligence;
(iii) it is shown that the non-performance is due to the Customer’s own conduct or to the unforeseeable action of a third party unconnected with the provision of the services due under the Contract;
(iv) it is legally unable to exercise a right of recourse in relation to third party service providers under the Contract in accordance with applicable law;
v) The accommodation provider cannot be held liable for the deterioration, destruction or removal of luggage or other items.

13.2. In the field of tourist trips other than those referred to in clause 13.1, Pestana Travels shall be liable for the correct issue of the Accommodation and transport tickets and also for the culpable choice of service providers, unless these are suggested by the Customer.

13.3. Whenever Pestana Travels merely intervenes as an intermediary in the booking of individual services requested by the Customer, Pestana Travels’ liability towards the Customer shall be limited to that arising from the breach of the obligation to correctly issue the Accommodation and, where applicable, Transport tickets. Additionally, in the sale of Tourist Travel other than Organised Travel, Pestana Travels’ liability is limited to the correct issue of Accommodation and Transport tickets and also for the culpable choice of service providers if these have not been suggested by the Customer.

13.4. To the extent permitted by applicable legislation, Pestana Travels is not liable for damages that may arise from any unforeseen circumstances or that are beyond its control, and also, expressly and by way of example: delays or blockages of the network, interference, interruptions, viruses, malfunctions and/or disconnections in the operation of the Site or in the Customer’s computer equipment and appliances, or any other anomalous operation of the booking service for causes beyond its control and that prevent the booking from being made.

13.5. The Customer shall be liable to Pestana Travels in accordance with the law.

14. GUARANTEES
Pestana Travels’ liability, arising from the obligations assumed towards the Customer, is guaranteed by a civil liability insurance policy taken out with GENERALI – Companhia de seguros S.P.A, with policy no. 0151 1001958 000, in the amount of EUR 250,000.00, and by a guarantee provided by means of a bank guarantee whose beneficiary is the Portuguese Tourism Board in the amount of EUR 45,052.63 , under the terms and with the exclusions established in the applicable legislation.

15. INDEMNITIES
15.1. Pestana Travels’ liability is limited to the maximum amount payable by the service providers under the terms of the Warsaw Convention of 1929 on International Air Transport and the Berne Convention of 1961 on Rail Transport.

15.2. With regard to maritime transport, the liability of travel agencies, in relation to their customers, for the provision of Transport, or Accommodation, where appropriate, by maritime transport companies, in the event of damage resulting from their intent or negligence, will be limited to the following amounts:
i) EUR 441,436.14 in the event of death or personal injury;
ii) EUR 7.881, em caso de perda total ou parcial de bagagem ou da sua danificii) EUR 7,881 in the event of total or partial loss of or damage to luggage;ação;
iii) EUR 31,424.26 in the event of loss of a motor vehicle, including the luggage it contains;
(iv) EUR 10,375 in the event of loss of baggage, whether accompanied or not, contained in a motor vehicle;
(v) EUR 1,097.36, for damage to luggage as a result of damage to the motor vehicle.

15.3. To the extent permitted by applicable law, and subject to clause 13.3, if any, Pestana Travels’ liability for the deterioration, destruction and removal of baggage or other items, at the Hotel where the Accommodation is located, while the Customer is staying there, is limited:
(i) EUR 1396,63 in total;
(ii) EUR 448,92 per item;
iii) The value declared by the customer in respect of the items deposited in the custody of the Hotel.

15.4. To the extent permitted by applicable law, and subject to the provisions of clause 13.3, Pestana Travels’ liability for non-injury damages is limited to an amount corresponding to five times the price of the service sold to the Customer.

15.5. The customer undertakes to indemnify Pestana Travels for all damages arising (including court costs and lawyers’ fees) from breach of the provisions of the Agreement and the law, without prejudice to the special provisions of clauses 9.4 and 10.3.

16. PERSONAL DATA
When filling in the booking form, the Customer will be requested to provide certain data that may identify him/her (“Personal Data”), which will be collected by Pestana Travels and processed by Pestana Management – Serviços de Gestão, S.A., an entity subcontracted by Pestana Travels for this purpose, in strict compliance with the law and in accordance with the provisions of the Site’s Privacy Policy.

17. CONTACT
All communications or notifications under the Agreement shall be made using the information provided by the Customer through the online form. Any change to the Customer’s data and, as well as any communication or notification addressed by the Customer to Pestana Travels must be made to the following contacts, depending on the geographical location of the Hotel where the Accommodation is located:
i) Accommodation Booking in Hotel located in Portugal or in the rest of the World (with the exception of Africa and Brazil): guest@pestana.com;
ii) Booking Accommodation located in Brazil: reservas.br@pestana.com;
iii) Booking Accommodation in Hotel located in any country in Africa (with the exception of South Africa): reservas.africa@pestana.com;
iv) Hotel accommodation bookings located in South Africa: res.southafrica@pestana.com.

18. GENERAL PROVISIONS
18.1. The General Conditions are applicable only to the reservation of travel services made through the Site and are complementary to any particular conditions agreed in writing between the Customer and Pestana Travels in relation to the subject matter of the Contract or referred to in a specific area of the Site for a given product or service, including the proof of reservation (“Particular Conditions”), which are also an integral part of the Contract.

18.2. The provisions of the Specific Conditions prevail, in case of conflict, over the General Conditions, and any additional written stipulations especially agreed between the Customer and Pestana Travels and signed by both, which form part of the Contract, prevail over both.

18.3. Once the contract is concluded, it can only be altered in writing, by a document signed by the Customer and Pestana Travels, which becomes an integral part of the contract.

18.4. The provisions of these General Conditions may be amended at any time by Pestana Travels for future legal relationships, without prior notice. As such, whenever you make a reservation, and even if you use the Site frequently, you must read them in their entirety.

19. APPLICABLE LAW AND JURISDICTION
The Contract is governed by the laws of the Republic of Portugal.
For the resolution of any disputes arising from the validity, conclusion, execution, non-fulfilment, termination or interpretation of the Contract, the District Court of Lisbon has exclusive jurisdiction, without prejudice to the applicable mandatory legal rules.