General Terms & Conditions

INTRODUCTION

All offers on this website are sold by MADHEARTBEAT Lda, located in Startup Madeira - EV 198, Campus da Penteada, 9020 - 105 Funchal - Madeira with VAT Identification Number (NIPC) 517586100 and registered withe the tourism license number RVNAT 11499.

All prices mentioned on this website are payable in EUR and are including VAT according to the Portuguese Law.

The travel company MADHEARTBEAT, Lda (hereinafter Heartbeat Madeira) acts as an operator of day tours and tour operator for organized packages (e.g. tour guide, hotel accommodation and transportation).

The following conditions are therefore divided into:

T&Cs for bookings of package tours. Package tours are generally offered without air travel.
T&Cs for bookings of individual day tours

PACKAGE TOURS

1. CONCLUSION OF THE PACKAGE TOUR CONTRACT

1.1 With the booking (Package Tour registration), the customer offers MADHEARTBEAT, Lda (hereinafter "Tour Operator") the conclusion of the package travel contract binding. The basis of this offer is the Package Tour description and the supplementary information of the tour operator for the respective trip, insofar as these are available to the customer at the time of booking.

1.2 The booking can be made in writing, verbal, by telephone or electronically (e-mail, Internet).

1.3 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.

1.4 The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) by the tour operator. It does not require a specific form. Upon or immediately after conclusion of the contract, the tour operator will send the customer a confirmation by a durable medium (e.g. e-mail).

1.5 If the content of the tour operator declaration of acceptance differs from the content of the booking, the tour operator shall have a new offer to which he shall be bound for a period of 10 days. The contract is concluded based on this new offer if the customer declares acceptance to the tour operator by express declaration or down payment within the binding period.

1.6 For bookings in electronic commerce (e.g., Internet), the following shall apply to the conclusion of the contract: The customer shall be guided step by step through the booking process. The customer has the option of correcting his entries, deleting, or resetting the entire online booking form.

By pressing the button "pay", the customer offers the tour operator the binding conclusion of the Package Tour contract. The transmission of the booking (Package Tour) by pressing the button "pay" does not constitute a claim of the customer to the conclusion of a Package Tour contract according to his booking (travel registration). The contract is concluded by the receipt of the booking confirmation of the tour operator by the customer, which is store in a durable medium (e.g., email).

2. PAYMENT

2.1 After conclusion of the contract, the full price of the trip must be paid at the time of registration, subject to confirmation of reservations for all services.

2.2 If the customer does not make the down payment and/or the final payment according to the agreed payment due dates, the tour operator is entitled to withdraw from the Package Tour contract after sending a reminder with a deadline and to charge the customer with withdrawal costs according to section 4.2 sentence 2 to 4.6.

3. CHANGES IN SERVICES AND PRICES AFTER CONCLUSION OF THE CONTRACT

3.1 Whenever there are unrelated reasons that justify it, the Agency may change the essential travel services in relation to the content agreed in the travel contract, in particular the order of the routes, change the departure times or replace any of the accommodation or transport provided with others of a similar category and location.

3.2 Possible warranty claims remain unaffected insofar as the changed services are not inadequate.

3.3 the tour operator is obliged to inform the customer about significant changes in services immediately after becoming aware of the reason for the change on a permanent durable medium. (e.g., email).

3.4 In the event of a significant change in an essential Package Tour service, the customer is entitled to withdraw from the Package Tour contract free of charge or to demand participation in a substitute trip if the tour operator has offered such a trip. If the customer does not respond to the tour operator or does not respond within a set period, the notified change is considered accepted.

3.5 If the tour operator had lower costs for the implementation of the changed trip or substitute trip, the customer is to be reimbursed for the difference.

3.6 The tour operator reserves the right to change the advertised prices confirmed with the booking, in particular in the event of an increase in transport costs or charges for certain services (e.g., tourist taxes, port fees, entrance fees, energy taxes) or a change in the exchange rates applicable to the tour in question, as follows:

If the transportation costs existing at the time of conclusion of the Package Tour contract, in particular the fuel costs or other energy sources, increase, the tour operator may increase the tour price in accordance with the following calculation:

In the event of an increase related to a ticket (e.g., entrance fee or activity), the tour operator may demand the amount of the increase from the customer.
If the taxes existing at the time of the conclusion of the Package Tour contract, such as tourist taxes, harbor dues, entrance fees, energy taxes, are increased towards the tour operator, the tour price can be increased by the corresponding proportional amount. In the event of a change in exchange rates after the conclusion of the Package Tour contract, the tour price may be increased to the extent that the tour has become more expensive for the operator as a result.

3.7 In case of a subsequent change in the tour price, the tour operator will inform the customer immediately. Price increases from the 20th day before departure are invalid. In case of price increases of more than 8%, the customer is entitled to withdraw from the Package Tour contract without any fees or to demand participation in a trip of at least equal value if the tour operator is able to offer such a trip from his offer without additional costs for the customer. The customer must assert these rights immediately after the price increase has been declared.

3.8 The customer can demand a reduction of the tour price if the prices, duties or exchange rates mentioned in 3.6 lead to lower costs for the tour operator after conclusion of the contract and before the start of the tour. If the customer has paid more than the amount owed hereunder, the additional amount shall be reimbursed by the tour operator. Administrative expenses actually incurred, which are to be proven to the customer upon his request, can be deducted from the additional amount to be reimbursed.

4. CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE TRIP

4.1 The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to the tour operator. If the trip was booked through an agent, the withdrawal can also be declared to him. The customer is recommended to declare the withdrawal on a durable medium (e.g., email).

4.2 If the customer withdraws before the start of the tour or does not start the tour, the tour operator loses the claim to the full tour price. However, the tour operator can, insofar as the withdrawal is not his responsibility or there are unavoidable extraordinary circumstances, demand reasonable compensation for the Package Tour arrangements made until the withdrawal and his expenses depending on the respective tour price.

4.3 The amount of compensation is determined by the tour price minus the value of the expenses saved by the tour operator as well as minus what it acquires through other use of the Package Tour services. The tour operator has determined the following percentage compensation amounts according to the time of receipt of the cancellation notice and the start of the trip.

Package tours with own arrival:

Up to 30 days before departure 40% of the tour price;
from the 29th to the 15th day before departure 75% of the Package Tour price;
from the 14th day or in case of no-show 100% of the tour price.

4.4 In any case, the customer is at liberty to prove to the tour operator that the latter has not incurred any damage at all or that the damage is significantly lower than the flat rate demanded by him.

4.5 The tour operator reserves the right to demand a higher, individually calculated compensation instead of the above lump sums, insofar as the tour operator proves that he has incurred significantly higher expenses than the applicable lump sum. In this case, the tour operator is obligated to specifically quantify and prove the demanded compensation, taking into account the saved expenses and any other use of the Package Tour services.

4.7 The Client may give up their booking and be replaced by another person who fulfills all the conditions required for the trip, if they inform the Agency at least 60 days before the departure date and that the different suppliers of the trip services accept the replacement, failing which the Client will be considered to have given up on the trip. If the client wishes to assign their booking to a person of a different sex, they may be liable to pay the individual accommodation supplement for the trip or a similar cost if this is not provided for on the trip they have booked, if it is not possible to group the new participant with another person of the same sex.

The transfer of a booking makes the transferor and transferee jointly and severally liable for payment of the price of the trip and any additional charges incurred.

5. REBOOKINGS

5.1 After conclusion of the contract, the customer has no right to change the Package Tour date, the travel destination, the place of departure, the accommodation or the mode of transport (rebooking). If a rebooking is nevertheless made at the request of the customer, the tour operator can charge a rebooking fee per traveler if the following deadlines are met. For individual trips up to 31 days before departure, this fee consists of the individual costs plus a service fee of 50 euros. For group travel, the rebooking fee is a flat rate of 50 euros per person up to 65 days before departure.

5.2 Rebooking requests made by the customer after the deadline can, if at all possible, only be carried out after withdrawal from the Package Tour contract under the conditions of paragraph 4 and simultaneous re-registration.

6. CANCELLATION DUE TO FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS

6.1 If a minimum number of participants is specified in the Package Tour advertisement or in other documents that have become part of the contract, the tour operator can withdraw from the Package Tour contract up to 30 days before the start of the trip if the minimum number of participants is not reached. If the trip is not carried out for this reason, the customer will immediately receive back payments made on the tour price.

6.2 In the event of cancellation for the above-mentioned reason, the tour operator will not assume any reimbursement for third-party services, such as flights, which the customer has purchased outside of the tour operator's range of services.

7. CANCELLATION AND EXCLUSION FOR BEHAVIORAL, PSYCHOLOGICAL OR PHYSICAL REASONS

7.1 The tour operator can terminate the Package Tour contract without notice if the customer, despite a warning from the tour operator, persistently disturbs or if the customer behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified.

7.2 If the customer is recognizably physically or mentally unable to meet the requirements stated in the respective Package Tour description, the Heartbeat Madeira tour guide is entitled to exclude the customer from the Package Tour program in whole or in part.

7.3 In the event of cancellation or exclusion, the tour operator retains the claim to the full tour price; however, the tour operator must take into account the value of the saved expenses as well as those advantages that it gains from other use of the unused service, including the amounts credited to it by the service providers.

8. CUSTOMER'S DUTY TO COOPERATE

8.1 Notification of defects

If the tour is not provided free of errors or inaccuracy, the customer may demand remedy. Insofar as the tour operator could not provide remedy because of a culpable omission of the notice of defects. Complaints can only be considered if they are submitted in writing no later than 20 days after the end of the service. They can only be accepted if they have been reported to the service providers (hotels, guides, local agents, etc.) during the trip or stay, requiring the respective documents proving the occurrence.

8.2 Setting a deadline before cancellation.

If a customer wants to terminate the Package Tour contract due to a fault, the customer must first set the tour operator a reasonable deadline for remedial action. This does not apply only if the tour operator refuses the remedy or if the immediate remedy is necessary.

8.3 Travel documents

The customer must inform the tour operator if the customer does not receive the required travel documents within the period communicated by the tour operator.

9. REFUNDS

Once the trip has begun, no refund is due for services not used by the Client. Failure to provide the services provided for in the travel program for reasons not attributable to the Agency and if it is not possible to replace them with equivalent ones, entitles the Client to be reimbursed for the difference between the price of the services provided for and those provided.

10. RESPONSIBILITY

The Agency's liability is guaranteed by civil liability insurance with the Allianz insurance company and by the Travel and Tourism Guarantee Fund of Turismo de Portugal, under the terms of the legislation in force.

11. ARRANGEMENTS OF THIRD-PARTY SERVICES

11.1 The general terms and conditions and cancellation conditions of the respective contractual partner apply.

12. INSURANCES

12.1 The tour operator has taken out all compulsory insurances required by Portuguese law.

12.2 The tour packages do not include individual travel insurances. Therefore, it is recommended to take out travel cancellation insurance and insurance to cover repatriation costs in case of accident or illness.

13. INSOLVENCY

13.1 In case of insolvency of the tour operator, the client may turn to the Travel and Tourism Guarantee Fund by contacting Turismo de Portugal I.P., which will be responsible for the corresponding claim:

Turismo de Portugal, I.P..

Rua Ivone Silva, Lote 6, 1050-124 Lisboa

Tel. (+351) 211 140 200 | Fax. 211 140 830

info@turismodeportugal.pt

14. COMPLAINT BOOK

The tour operator provides an online Complaint Book where the Customer may submit his/her complaint and/or request information on issues related to the services provided. The Customer has access to the online Complaints Book at: https://www.livroreclamacoes.pt/Inicio/

15. - INFORMATION ON THE CONSUMER DISPUTE RESOLUTION LAW

15.1 - INFORMATION UNDER LAW NO. 144/2015 OF SEPTEMBER 8TH:

Under the terms of Law no. 144/2015 of September 8, we inform you that the Customer may resort to the following Alternative Consumer Dispute Resolution Entities:

i) Customer Ombudsman for Travel and Tourism Agencies at www.provedorapavt.com;

ii) Arbitration Commission of Turismo de Portugal at www.turismodeportugal.pt

16. LEGISLATION AND JURISDICTION

All disputes arising from the interpretation or execution of these General Conditions shall be governed by Portuguese law. The Judicial Court of the District of Funchal shall be responsible for settling any dispute arising from this contract, expressly waiving any other.

17. TOUR OPERATOR

MADHEARTBEAT, Lda

Startup Madeira - EV 198

Campus da Penteada

9020 - 105 Funchal,

Madeira - PORTUGAL

heartbeatmadeira@outlook.com

www.heartbeatmadeira.pt

Phone: +351 967 793 926

NIPC: 517586100

Managing Director: Richard Matos

DAILY TOURS

1. CONCLUSION OF THE DAILY TOUR CONTRACT

1.1 With the booking (tour registration), the customer offers MADHEARTBEAT, Lda (hereinafter "tour operator") the conclusion of the tour participation binding. The basis of this offer is the tour description and the supplementary information of the tour operator for the respective tour, insofar as these are available to the customer at the time of booking.

1.2 The booking can be made in writing, orally, by telephone or electronically (e-mail, internet).

1.3 The customer shall be responsible for all contractual obligations of fellow bookings for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.

1.4 The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) by the tour operator. It does not require a specific form. Upon or immediately after the conclusion of the contract, the tour operator will send the customer a booking confirmation on a permanent durable medium (e.g., e-mail).

1.6 In the case of bookings in electronic commerce (e.g., Internet), the following applies to the conclusion of the contract: The customer is guided step by step through the booking process. He has a corresponding correction option for correcting his entries, deleting, or resetting the entire online booking form.

By pressing the button "book and pay", the customer offers the tour operator the binding conclusion of the tour contract. The transmission of the booking (booking registration) by pressing the button "book and pay" does not constitute a claim of the customer to the conclusion of a booking contract in accordance with his booking (booking registration). The contract is concluded by the receipt of the booking confirmation of the tour operator by the customer, which is made on a durable medium.

2. PAYMENT

2.1 After conclusion of the contract, payment in the amount of 100% of the tour price is due, which must be made at the latest 24 hours before the start of the tour.

2.2 If the customer does not make the deposit and/or the final payment according to the agreed payment due dates, the tour operator is entitled to withdraw from the tour contract.

3. CHANGES IN SERVICES AND PRICES AFTER CONCLUSION OF THE CONTRACT

3.1 Whenever there are unrelated reasons that justify it, the Agency may change the essential travel services in relation to the content agreed in the travel contract, in particular the order of the routes, change the departure times or replace any of the transport provided with others of a similar category and location.

3.2 Possible warranty claims remain unaffected insofar as the changed services are not inadequate.

3.3 The tour operator is obliged to inform the customer about significant changes in services immediately after becoming aware of the reason for the change on a permanent digital medium (e.g., email).

3.4 In the event of a significant change in an essential tour service, the customer is entitled to withdraw from the tour contract free of charge or to demand participation in a substitute trip if the tour operator has offered such a trip. If the customer does not respond to the tour operator or does not respond within a set period of time, the notified change is considered accepted.

3.5 If the tour operator had lower costs for the implementation of the changed tour or substitute tour, the difference is to be reimbursed to the customer.

3.6 The tour operator reserves the right to change the advertised prices confirmed with the booking, especially in the event of an increase in transportation costs or charges for certain services (e.g., tourist taxes, port fees, entrance fees, energy taxes) or a change in the exchange rates applicable to the tour in question, as follows:

If the transportation costs existing at the time of conclusion of the tour contract, in particular the fuel costs or other energy sources, increase, the tour operator may increase the tour price in accordance with the following calculation:

In the event of an increase related to a ticket (e.g. entrance fee or activity), the tour operator may demand the amount of the increase from the customer.
If the taxes existing at the time of the conclusion of the tour contract, such as tourist taxes, harbor dues, entrance fees, energy taxes, are increased towards the tour operator, the tour price can be increased by the corresponding proportional amount. In the event of a change in exchange rates after the conclusion of the tour contract, the tour price may be increased to the extent that the tour has become more expensive for the Operator as a result.

3.7 In case of a subsequent change in the tour price, the tour operator will inform the customer immediately. Price increases from the 20th day before departure are invalid. In case of price increases of more than 8%, the customer is entitled to withdraw from the tour contract without any fees or to demand participation in a tour of at least equal value, if the tour operator is able to offer such a tour from his offer without any additional charge for the customer. The customer must assert these rights immediately after the declaration of the price increase.

4. CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE TRIP

4.1 The customer may withdraw from the tour at any time before the tour begins. The withdrawal must be declared to the tour operator. If the tour was booked through a travel agent, the withdrawal can also be declared to the agent. The customer is recommended to declare the withdrawal on a durable medium (e.g., email)

4.2 If the customer withdraws before the start of the tour or does not start the tour, the tour operator loses the claim to the full tour price. Instead, the tour operator may, insofar as he is not responsible for the withdrawal or there are unavoidable extraordinary circumstances, demand reasonable compensation for the tour arrangements made until the withdrawal and his expenses depending on the respective tour price.

4.3 The amount of compensation is determined by the tour price minus the value of the expenses saved by the tour operator as well as minus what he acquires through other use of the tour services. The tour operator has determined the following percentage compensation amounts according to the time of receipt of the cancellation notice and the start of the tour.

One-day tours

- up to 24 hours before tour start 0 % of the tour price,

- from 23 hours before tour start 100 % of the tour price,

- on the day of the tour or in case of no-show 100 % of the tour price.

2 or 3 day tours and private tours

- up to 72 hours before tour start 0 % of the tour price,

- up to 24 hours before tour start 50% of the tour price,

- from 23 hours before tour start 100% of the tour price,

- on the day of departure or in case of no-show 100% of the tour price.

4.4 In any case, the customer is at liberty to prove to the tour operator that the tour operator has not suffered any damage at all or that the damage is significantly lower than the flat rate demanded by the tour operator.

4.6 The Client may assign their booking, being replaced by another person who meets all the conditions required for the trip, provided that they inform the Agency at least 24 hours in advance for one-day tours, and 72 hours in advance for 2 or 3-day tours, and that the different suppliers of the travel services accept the replacement, failing which the client will be deemed to have given up the trip. The transfer of the booking makes the transferor and transferee jointly and severally liable for payment of the price of the trip and any additional charges incurred.

5. REBOOKINGS

5.1 After conclusion of the contract, the customer has no right to change the tour date, the tour destination, the place of departure or the mode of transport (rebooking). If a rebooking is nevertheless made at the request of the customer, the tour operator can charge a rebooking fee per traveler if the following deadlines are met. For private tours up to 31 days before departure, this fee consists of the individual costs plus a service fee of 15 euros. For group tours, the rebooking fee is a flat rate of 15 euros per person up to 65 days before the start of the tour.

5.2 Rebooking requests made by the customer after the deadline can, if at all possible, only be carried out after withdrawal from the tour contract under the conditions of paragraph 4 and simultaneous re-registration.

6. CANCELLATION DUE TO FAILURE TO REACH THE MINIMUM NUMBER OF PARTICIPANTS

6.1 If a minimum number of participants is specified in the tour advertisement or in other documents that have become part of the contract, the tour operator can withdraw from the tour contract up to 24 hours before the start of the trip if the minimum number of participants is not reached. If the trip is not carried out for this reason, the customer will immediately receive back payments made on the tour price.

7. CANCELLATION AND EXCLUSION FOR BEHAVIORAL, PSYCHOLOGICAL OR PHYSICAL REASONS

7.1 The tour operator can terminate the tour contract without notice if the customer, despite a warning from the tour operator, persistently disturbs or if the customer behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified.

7.2 If the customer is recognisably physically or mentally unable to meet the requirements stated in the respective tour description, The Heartbeat Madeira tour guide is entitled to exclude the customer from the tour program in whole or in part.

8. CUSTOMER'S DUTY TO COOPERATE

8.1 Notification of defects

8.2 Setting a deadline before cancellation.

If a customer wants to terminate the tour contract due to a tour defect, the customer must first set the tour operator a reasonable deadline for remedial action. This does not apply only if the tour operator refuses the remedy or if the immediate remedy is necessary.

8.3 Travel documents

The customer must inform the tour operator if the customer does not receive the required travel documents within the period communicated by the tour operator.

9. REFUNDS

10. RESPONSIBILITY

11. ARRANGEMENTS OF THIRD-PARTY SERVICES

11.1 The general terms and conditions and cancellation conditions of the respective contractual partner apply.

12. INSURANCES

12.1 The tour operator has taken out all compulsory insurances required by Portuguese law.

13. INSOLVENCY

Turismo de Portugal, I.P..

Rua Ivone Silva, Lote 6, 1050-124 Lisboa

Tel. (+351) 211 140 200 | Fax. 211 140 830

info@turismodeportugal.pt

14. COMPLAINT BOOK

15. - INFORMATION ON THE CONSUMER DISPUTE RESOLUTION LAW

15.1 - INFORMATION UNDER LAW NO. 144/2015 OF SEPTEMBER 8TH:

Under the terms of Law no. 144/2015 of September 8, we inform you that the Customer may resort to the following Alternative Consumer Dispute Resolution Entities:

i) Customer Ombudsman for Travel and Tourism Agencies at www.provedorapavt.com;

ii) Arbitration Commission of Turismo de Portugal at www.turismodeportugal.pt

16. - LEGISLATION AND JURISDICTION

17. TOUR OPERATOR

MADHEARTBEAT, Lda

Startup Madeira - EV 198

Campus da Penteada

9020 - 105 Funchal,

Madeira - PORTUGAL

info@heartbeatmadeira.pt

www.heartbeatmadeira.pt

Phone: +351 939291266

NIPC: 517586100

Managing Director: Richard Matos

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