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”).
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
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.
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 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
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.
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
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.
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.
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;
7. POLÍTICA DE PRIVACIDADE
8. GENERAL PROVISIONS
Exercise of Rights
Any notifications, communications and complaints from the User should preferably be made to the email address [ email@example.com] .
9. APPLICABLE LAW AND JURISDICTION
General Booking Conditions
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.
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.
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.
5.1. 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.
6.1. 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.
7.1. 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.
8.1. 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.
9.1. 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.
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.
12.1. 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.
13.1. 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.
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.
15.1. 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
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): firstname.lastname@example.org;
ii) Booking Accommodation located in Brazil: email@example.com;
iii) Booking Accommodation in Hotel located in any country in Africa (with the exception of South Africa): firstname.lastname@example.org;
iv) Hotel accommodation bookings located in South Africa: email@example.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.