These general conditions apply to all boat rental agreements and tours/experiences, concluded between TRAMOLU, LDA (Lessor), and the Customer (Lessee), duly identified in the contract, contract that describes the boat and the details of the lease.
General conditions that the customer acknowledges, agrees and, with his/her signature on it undertakes to observe and respect.
1. USE AND STATE OF BOAT
1.1 The Customer expressly declares having received the boat in good working order, cleanliness and repair, suitable for browsing and equipped with all the equipment necessary and indispensable to its proper functioning.
1.2 The vessel object of this contract is always delivered with the tank full of fuel and water, and the customer must return it in the same conditions, otherwise, failing that, will have to pay the difference in fuel consumption, as well as a charge of €50,00 for the service supply.
1.3 The Lessor undertakes to inform the client of all the characteristics of the boat and all the specifics for its correct use.
1.4 The Lessor agrees, upon recruitment, to deliver a copy of the rental agreement to the Customer, as well as the general conditions of the insurance contract, the price of which is included in the rental.
1.5 Upon delivery of the vessel, the Lessor is obligated to deliver all the vessel documents to the client.
1.6 Upon check-in, an inventory (with respective prices) of all equipment and objects on board will be delivered to the customer, which will be an integral part of the contract. Upon landing, this inventory will be revised, deducting from the security deposit all missing or damaged objects.
1.7 The Customer will be responsible for the boat designated in the contract, and for that purpose will sign a certificate of competence attesting that he/she has the knowledge and experience necessary to steer the rented boat and declaring to have the navigation license required in Portugal.
1.7.1. The Customer is obliged to show the abovementioned license to any authorities that request it that during the time of the contract.
1.7.2. If the customer does not have the necessary qualifications or the required experience, a skipper will be imposed, as well as all the costs that entails.
1.7.3. The Customer must sign a term of responsibility for persons who travel with him/her and for the acts committed by them.
1.8 The Customer is obligated, at the time of hire of the boat, to declare the number of people being carried and their names.
1.9 Under penalty of exclusion from the insurance coverage, the customer agrees not to allow the boat to be driven by any person or persons other than those identified in the contract and accepted by the Lessor.
1.10 The customer undertakes not to use the boat or not to allow it to be used:
- In any sporting event;
- Under the influence of alcohol or any kind of drugs;
- For the commission of any crime or for transporting illegal products;
1.11 The Customer shall only use the boat in waters under the Portuguese jurisdiction and is subject to the limitations described in the particular conditions.
1.12 The client agrees not to leave the boat tied up or anchored outside a port authorized by the Lessor without people on board. Failure to comply with this obligation implies the exclusion of insurance coverage.
1.13 The Customer is responsible for all fines and other penalties fixed by the courts or other authorities following any procedures related to the use of the vessel.
1.14 The Customer is expressly forbidden to sell, mortgage or give as guarantee the boat, this agreement, documents or instruments in the vessel or make use of it in order to damage the Lessor.
1.14.1 Any violation of the provisions of this article authorizes the Lessor to withdraw the boat from the Customer without notice and without prejudice to the claims with which, under law or contract, he is obliged to comply.
2. CONTRACTUAL OBLIGATIONS
2.1 The Customer is obliged to use the rented boat with all the care and concern, considering the standards of good sailing and respecting always the law.
2.2 The Customer is responsible for any injury, damage, loss or damage caused by it, and not justified, and by any delay in the delivery of the boat.
2.3 The Customer is obliged to scrupulously note all indications of navigation in the log book, as well as all damages or accidents occurring during the term of the contract.
2.4 The supply of food and provisions is the sole responsibility of the customer.
2.4.1 If the boat is rented with skipper, his hotel accommodations and meals will be the responsibility and expense of the customer unless it’s stated by the Lessor that it’s part of the experience chosen by the customer.
2.5 The cleaning of the boat is the responsibility of the customer for the duration of the rental agreement.
2.6 The Customer shall immediately notify the Lessor of any accident, claim or incident, regardless of their nature.
2.6.1 In an accident of any kind, The Customer shall deliver to the Lessor a document detailing the causes, circumstances of the incident, causing elements of the claim and an indication of the witnesses.
2.7 The Customer undertakes to return the boat in place, date and time agreed, failing which the contract is considered terminated.
2.7.1 If the Customer wishes to extend the rental of the boat is obligated to ask the Lessor authorization to extend the contract, and Lessor has the option of accepting or not such extension, and, if accepted, the Customer agrees to immediately pay the corresponding value to the respective contract extension.
2.8 The Lessor shall not be liable for any loss or damage of personal property from the time of delivery of the vessel.
2.9 In case of breakdown during the rental period, the Lessor will refund the amount paid in proportion to the number of days missing.
2.10 If the Lessor is delayed in the delivery of the boat in at least 24 hours, for reasons of force majeure, the customer may request the return of the amounts corresponding to the period of delay. If the subject is not of force majeure, the customer may terminate the contract with the subsequent delivery of all amounts paid.
3. PAYMENTS - Rental
3.1 Before boarding, the Customer will deliver a deposit by cash or credit card to the Lessor to guarantee the payment of any damages due to misuse or negligence, breaches of contract, claims or losses of equipment, lack of spare fuel or delays on the delivery of the boat.
Changes to reservations after the initial appointment will be charged for an amount up to €50 per change, including but not limited to changes in name, address, travel and departure date, category, and other changes not specified here.
3.1.1 In situations where the payments to be made to the Lessor exceed the amounts of the deposit, the insurance will be claimed.
3.1.2 In case it is not necessary to use the value secured, it will be returned in its entirety, after an inspection of the boat.
3.1.3 The value of the bond will be €3.000,00 for the boat Mary, €2.500,00 for the boat Cisne Branco.
3.2 The boat under the contract will only be made available after the payment of the total rental to be made in the following terms.
- 30% of the total value at time of booking;
- 40% of the total in the middle of the period between reservation and boarding;
- 30% of the total up to 30 days before departure;
If the reservation is made 15 days before the day of departure, the total amount must be paid at the time of booking.
Payment may be made by credit card, wire transfer, check or cash. After booking, the following costs will be applied in case of cancellation of the reservation:
- 20% of initial deposit not reimbursable;
- cancellations before 15 days before departure: 75% of the reservation;
- cancellations with less than 14 days to the departure: 100% of the reservation;
3.3 The Customer is responsible for payment of all expenses, including legal, attorney’s fees, solicitor or external collections companies contracted by the Lessor to obtain payment of any sums owed by the Customer.
3.4 Reservations and Cancellations - Experiences
Reservations will only be considered valid after 30% of the total price is received. Reservations should be directly made with TRAMOLU, LDA, or through one of its distribution companies, travel agents, wholesalers or recognized travel operators.
Changes to reservations after the initial appointment will be charged an amount up to €50 per change, including but not limited to changes in name, address, travel and departure date, category, and other changes not specified here.
30% of the total price of the cruise must be paid when booking it. Payment may be made by credit card, wire transfer, check or cash. After booking, the following costs will be applied in case of cancellation of the reservation:
- 20% of initial deposit not reimbursable;
- cancellations before 15 days before departure: 75% of the reservation;
- cancellations with less than 14 days to the departure: 100% of the reservation;
All cancellation costs are subject to additional charges incurred by TRAMOLU, LDA, with transport, hotel accommodation, meals and drinks, contracted services and other non-refundable charges related to the reservation made by the passenger. These additional costs will be charged to the passenger, in addition to the normal cancellation charges.
4. INSURANCE
4.1 The amount of insurance is included in the rental price.
All TRAMOLU, LDA, vessels completely fulfil the requirements concerning the insurance required by the Portuguese law for the type of ship and service provided.
4.2 In all cases of damage caused by negligence or wilful misconduct, or abandonment of the boat, will be charged the amount of the insurance deductible.
5. COMPLAINTS AND LAW
5.1 Any claim will be analysed only if delivered before the time of landing.
5.2 Any violation of the provisions of these clauses allow the Lessor to terminate the contract, and to request the immediate return of the vessel to the customer without notice, without prejudice to the compensation with which, under law or contract, he is obliged to comply.
5.3 Any change to the terms of this contract which have not been agreed upon in writing shall be void and have no effect.
5.4 The contract changes approved by the Lessor, including name, date and number of people, will have an additional cost of €45,00.
5.5 Amounts paid for the rental will be charged and not reimbursed even if the client does not use the boat in question, provided that the reason for this not to be attributed to the Lessor.
5.6 All notifications to be made under this contract shall be sent to the addresses mentioned on it, which the parts recognize as their domicile, for all legal purposes, forcing the other part to communicate any changes.
5.7 Unless otherwise provided by law, the parts agree to establish the jurisdiction of the district of Porto to settle any conflicts emerging, with the express exclusion of any other.
6. Prices
Prices may be changed if the conditions are justified, namely by unexpected rise of government charges, taxes or fuel surcharges, as well as the change of any external costs beyond the control of TRAMOLU, LDA. Prices include VAT. Child policy: on request.
7. Currency
Currency aboard is the Euro. Passengers may pay the on board bills with their country’s credit card and the amount will be automatically converted to the corresponding currency. There are many ATM machines in several places ashore that accept all bank cards belonging to the usual bank networks and that supply the euro currency.
8. Taxes and Government Duties
The boat trip prices and rentals include all duties and government taxes applicable only as far as the boat company is concerned. Airport taxes and fees, departure taxes, immigration taxes and other travelling taxes are of the responsibility of each passenger and may vary according to the route of the trip and origin and destination countries. Any doubts should be clarified before departure with your travel agent.
9. Valuable objects
No safes are available on board. Passengers are responsible for the safety and protection of their value objects.
10. Pets
No pets are allowed on TRAMOLU, LDA, boats. Guide dogs and other animal for personal support will be authorized and will be subject to special coordination at the time of the reservation.
11. Smoking Policy
Smoking is not allowed in any of the areas inside the ships. Smoking pipes are not allowed on any of the vessel including the sun deck. Any passenger who is found smoking inside the vessel will disembark without refund of the price paid for the cruise.
12. Cancellation, delay, or change the navigation routes.
TRAMOLU, LDA, reserves the right to cancel, postpone or change the itinerary of any trip for any reason, namely due to charter of vessel, insufficient number of reservations, weather conditions, mechanical problems, medical emergency, strike or suspension of work on the local, local holidays and other reasons, without obligation to compensate the client.
13. Health and Doctor’s Assistance
TRAMOLU, LDA, vessels do not have doctors, dentists or medical facilities aboard. Any medical emergency situation will be handled in the local medical facilities. Though Portugal and Spain are modern countries with quality medical facilities, TRAMOLU, LDA, cannot be liable for the services rendered at those units.
TRAMOLU, LDA, does not make available crew members to transport passengers in wheelchairs; therefore passengers travelling with wheelchairs should travel with a companion able to help them..
Vessels do not have fridge and TRAMOLU, LDA, does not supply means for medicines cooling. Ashore tours imply different types of physical effort that may be described in detail on board by tour escorts; failure of a passengers to fully enjoy ashore tours due to his/her disability to participate in all parts of the tours won’t be cause to refund any percentage of the tour.
TRAMOLU, LDA, corporate entity number 515391409, with office in Rua João Bento Padilha, Fracção X, Vila das Aves, in the parish of Aves, municipality of Santo Tirso (Portugal), Registered in the Commercial Registry Office of Santo Tirso (Portugal).