GttA Terms & Conditions for Customers

1.1 - By using www.guidetotheazores.pt or any Guide to the Azores affiliated website, you agree to be legally bound by these terms, which shall take effect immediately. If you do not agree to be legally bound by all the following Terms & Conditions, please do not use Guide to the Azores or affiliated websites.

1.2 - Guide to the Azores may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Guide to the Azores. Your continued use of guidetotheazores.pt or a Guide to the Azores-affiliated website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

1.3 - You agree to use guidetotheazores.pt and Guide to the Azores-affiliated websites only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Guide to the Azores.

1.4 - Your use of guidetotheazores.pt or any Guide to the Azores-affiliated sites is intended for personal, use and/or to make legitimate requests to book the products or services offered, or sell the services you offer. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Guide to the Azores.

1.5 - You represent and warrant that you;

a) have not previously been suspended by Guide to the Azores or otherwise banned from the site

b) are not a direct competitor of Guide to the Azores

c) do not have more than one Guide to the Azores account at any given time

d) that you have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

1.6 - We grant you permission to use the site subject to the restrictions in these Terms & Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Guide to the Azores does not endorse such content, and cannot vouch for its accuracy. You, therefore, access and use the site at your own risk.

1.7 - You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content owned by Guide to the Azores (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal use. Any commercial use of Guide to the Azores content requires the prior written permission of Guide to the Azores.

2. User Accounts

2.1 - You need to create an account and provide information about yourself in order to use some of the features on the site. You are responsible for maintaining the confidentiality of your account password.

2.2 - You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 - Your account in is for your personal use only. You may not impersonate someone else (e.g. adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

2.4 - Guide to the Azores reserves the right to close your account at any time without warning.

3. Content

3.1 - You can contribute to the site in a number of different ways, including writing reviews, commenting on articles, uploading photos, filling out your public profile, and rating other users’ contributions (Your Content). We may use Your Content in a number of different ways, including displaying it on the site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).

3.2 - By placing content on the Guide to the Azores webpage you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the site’s users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

3.3 - You alone are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein.

3.4 - You may not imply that your Content is in any way sponsored or endorsed by Guide to the Azores.

3.5 - You may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

3.6 - Guide to the Azores may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

3.7 - Guide to the Azores and its affiliates may display advertisements and other information adjacent to or included with your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

4. Liabilities

4.1 - Guide to the Azores does not operate any tours but directs you to tours operated by operators and service providers in The Azores. Neither does Guide to the Azores charge users any fees, and as such, cannot be liable for any accidents, losses, injuries, death, damages, delays, expenses due to any action or inaction on the part of the operator, guide or his/her services.

4.2 - The same applies to individuals registered as locals on the Guide to the Azores webpage. Anyone knowledgeable about The Azores can maintain a blog in Contact a Local, provided they have a clean criminal record. Locals agree to blog and offer services under their own names and/or companies, and as such, Guide to the Azores cannot be liable for any infringement of copyright, accidents, losses, injuries, death, damages, delays, expenses due to any action or inaction on their part, services or product.

4.3 - Any complaints about a tour or a local are to be directed to through www.guidetotheazores.pt. Please let us know so we can help you address your grievances. The email usersupport@guidetotheazores.pt directs to our project manager.

4.4 - As the terms and conditions of each tour operator may vary, please read the terms and conditions of each operator you have purchased a tour from. Check the voucher you receive on your email for details.

5. Pricing & Inclusions/Exclusions

5.1 All products, tours and services offered on the Guide to the Azores webpage are valid as per the dates displayed at guidetotheazores.pt or any Guide to the Azores-affiliated website.

5.2 - Should suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. Guide to the Azores is not responsible or liable for any information of tours that it does not directly provide.

5.3 - Prices listed on guidetotheazores.pt and Guide to the Azores-affiliated websites are per person, unless otherwise specified.

5.4 - Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by Guide to the Azores. Price quotations are subject to change without notice, until a booking has been confirmed.

5.5 - Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

5.6 - Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; parking fees and any beverages or food not specifically listed under “Inclusions” on the product pages of guidetotheazores.pt or Guide to the Azores-affiliated websites.

6. Cancelling and changing bookings

6.1 - All cancellations must be made through the electronic voucher that you receive on your email after booking. It will have an edit booking button that allows you to modify and cancel your bookings. If you can not cancel or modify your booking then the time to do so has expired.

6.1.1 - Please note that if the change incurs additional cost, an online invoice will be issued to you. The change requested will not take effect until the invoice has been paid.

6.2 - We do not charge for helping you change or rearrange your booking for all day tours and car rentals but costs can change accordingly with your new details.

6.3 - Refunds of past services need to be submitted within 15 days after the completion of the tour/all-in-one self-drive or holiday package has been serviced. All refund requests must be made through email to booking@guidetotheazores.pt with the email subject as: Refund Request – “Order number”. Please note that no refunds will be issued over the phone.

6.4 - Changing the number of people in a booking to a smaller number is considered cancellation for the change in number of participants. For day tours and car rentals, changes have to be requested with a minimum 24-hour notice. For multi-day tours and All-In-One Self Drives and Holiday Packages, all requests for changes must be made minimum 7 days in advance. Please note that we might not be able to fulfil your changed requirements due to lack of availability, though we will always do our best, and do offer alternative options.

6.5 - During the booking process you will be able to choose a pickup location and starting time. If you do not show up for the scheduled pickup time and location stated on your booking, your reservation is non-refundable.

6.5.1 - If you do not know your pickup location at the time of booking, you can choose to update your pickup location later. Click on the ‘Click here to edit booking’ button in your email voucher to update your pickup location and other details, and fill no later than 24 hours before departure. Please call the number listed on your voucher if you do not receive a confirmation of your pickup location update.

6.6 - If booking an All-in-One self-drive or a holiday package arranged by Guide to the Azores you will be asked to provide your flight information upon booking. If you do not know your flight information at the time of booking you can choose to update it later. However, please note that late turn in of this information might affect your tour and your possibilities. This information must be turned in minimum seven days before your arrival at the latest.

7. Terms of payment

7.1 - When you reserve online a full payment is charged to your credit card. To reserve for group bookings and packages of more than 15 people, you can also contact us by email and make a 15% down payment. We will then start reserving your trip to secure you the best price. The remaining payment must reach us 30 days before your arrival. Please contact info@guidetotheazores.pt for this service.

7.1.1 - If booking an All-In-One Holiday Packages or Self Drives arranged by Guide to the Azores it is possible to reserve with a downpayment 50% upon reservation. The remaining fee is due 30 days before arrival. Please contact us for more details.

7.2 - All charges on the Guide to the Azores webpage are made in Euros. On our website you can view an estimate of prices in a number of currencies. This is only to help you understand the approximate price in your preferred currency. Final payment is always conducted in EUR.

7.2.1 - If one chooses to pay via bank transfer, it is possible to process payment in the currency of their choice. Please contact info@guidetotheazores.pt for this option.

7.3 - All refunds are processed in EUR. As Guide to the Azores does not charge any booking or transaction fees we can not be held liable to any loss in currency exchange during transactions.

7.4 - As Guide to the Azores does not charge any booking or transaction fees we can not be held liable to any third party transaction fees that may occur at the time of payment and/or refund, such as fees imposed by your bank or other international transfer fees.

8. General terms

8.1 - Guide to the Azores cannot be liable to any loss, damage, accidents, injuries, death or sickness during your tour. The same applies for any changes in tour schedule due to weather, strikes or any other force majeure.

8.2 - Tour operators reserve the right to change routes, schedules and itineraries if needed because of weather, road conditions or should the necessity arise due to unforeseen reasons. We advise all travellers to purchase a comprehensive travel insurance to minimize possible losses due to unforeseeable situations during your travel.

8.3 - If you have a complaint about any of our partners please contact us in the email info@guidetotheazores.pt and we will protect your rights.

9. Passports, Visas & Insurance

9.1 - It is the responsibility of all travellers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

9.2 - As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.

9.2.1 - Please note that should your visa not be sufficient upon arrival, refund for your tour will not be issued as it is past the change and cancellation date

9.3 - We advise all travellers to purchase a comprehensive travel insurance to minimize possible losses due to unforeseeable situations during your travel. Guide to the Azores does not offer any travel insurance, so please contact your preferred private travel insurance company.

10. Disclaimers & Limitations of Liability

10.1 - Under no circumstances will Guide to the Azores or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of guidetotheazores.pt regardless of the form of action.

10.2 - Guide to the Azores and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, death, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.

10.3 - Guide to the Azores, its agents and suppliers accept no responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.

10.4 - Guide to the Azores’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Guide to the Azores, guidetotheazores.pt and/or to a Guide to the Azores-affiliated website, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

10.5 - At Guide to the Azores we check and recheck the details about all the products and services we offer for accuracy. However, Guide to the Azores does not warrant that functionality, content or information contained on guidetotheazores.pt or any Guide to the Azores-affiliated website will be uninterrupted or error-free, that defects will be corrected, or that guidetotheazores.pt or the servers that make it available are free of viruses or bugs.

10.6 - If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

11. Restrictions on Use

11.1 - You agree that you will not, and will not assist or enable others to:

– use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the site;

– use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

– use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

– use the site to promote bigotry or discrimination against protected classes;

– use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

– use the site to submit or transmit pornography or illegal content;

– use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;

– use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;

– attempt to gain unauthorised access to the site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”)

– use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

12. Account Termination

12.1 - Guide to the Azores may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.

12.1.1 - Any such termination or suspension could prevent you from accessing your account, the Site, your Content, Site Content, or any other related information.

12.2 - You may terminate the Terms of Service at any time by closing your account and discontinuing your use of any and all parts of the Site. If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.

12.2.1 - The site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines.

12.3 - Guide to the Azores reserves the right to modify or amend its Terms of Service at any time without notice. Guide to the Azores also reserves the right of final decision on the interpretation of its Terms and Conditions.

13. Privacy policy and Legal standing

13.1 - Upon booking, Guide to the Azores will keep the following information in their system: Name registered to booking, nationality provided, booking locale, email address, phone number and payment method.

13.1.1 - Guide to the Azores reserves the right to offer email and phone number to independent operators with which client is scheduled for a tour. This is done to ease communication between client and operator.

13.1.2 - Should client make an error in an email address and/or phone number or register an email address which for any reason has problems receiving messages, Guide to the Azores cannot be held accountable for any breach in communication. Should clients not respond to messages, Guide to the Azores cannot be held accountable for any problems arising due to lack of communication.

13.1.3 - Under no circumstance does Guide to the Azores store or have the ability to view any credit card numbers, expiry dates, full name of card owner registered or CVC numbers.

13.2 - Upon purchasing a tour or an All-In-One product through the Guide to the Azores portal, you consent electronic communications satisfying legal requirements for negotiating purposes.

13.3 - Upon purchasing, both parties shall respectfully stand by all duties, respective rights, and full reasonability in Good Faith.

13.4 - Terms and Conditions are operated under the standard of Portuguese law and in accordance with Portuguese law.

14. Governing Law and Jurisdiction

14.1 - This agreement shall be exclusively governed by and construed in accordance with Portuguese law.

14.2 - Any disputes arising out or in connection with this agreement shall exclusively be submitted to and dealt with by the district court of Horta.

Horta, January 1st, 2024

Guide to the Azores is operated by

OceaNetwork LDA

Rua José Fialho, 8

9900-361 Horta, Faial Island – Açores, Portugal