This Contract for the Provision of Services (the “Contract”) stipulates the legally-binding terms between you (the “User”) and Holiday Senses Sensations, Lda., a Portuguese company with Tax and Register Number 514587806, registered in the Commercial Registry of Portugal having its headquarters at Rua Dom Afonso de Albuquerque, nr. 200, R/C, 2765-515 Estoril, Portugal and the e-mail address [email protected] for contact purposes (“Holiday Senses”), which operates under the platform of its property hosted at the URL www.HolidaySenses.com (the “Marketplace”).
Holiday Senses Sensations, Lda. holds an office at SBA Office Center, Rua Fialho de Almeida nº 14 2º Esq. - Esc. BF3, 1070-129 Avenidas Novas, Lisboa and its registered in the Tourism of Portugal as a Travel and Tourism Agency with register number (RNAVT) 7721.
The Marketplace is designed for the publication, consultation and reservation of all kinds of leisure activities (the “Sensations” or “Sensation Activities”).
The object of this Contract is to regulate the terms and conditions applicable to the service of Activities (“Sensations”) accessible via the Holiday Senses Marketplace (the “Sensations Service” or the “Service”).
The Partner Users have to previously register in the Holiday Senses Marketplace and ask for partner permissions in order to can publish and make available the leisure activities (the “Sensations”) in the platform. This allows other Users (the “Customers”) to access the Sensations information before reserving in the Marketplace. In order to reserve a Sensation and benefit from it the Customer has also to register in the Marketplace .
In the act of reserving a Sensation in the Marketplace, the agreements undersigned between the Partner and the Customer become valid between both parties and Holiday Senses has no party thereafter. Holiday Senses only:
This contract becomes valid from the moment of its acceptance by the User and remains valid until either of the parties notifies the other of its intention to make it invalid from that moment onwards.
Prior to publishing a Sensation the Partner shall register as a normal user and ask Partner permissions to the Holiday Senses team providing the username, first name, last name and email.
After Holiday Senses has provided access with Partner permissions, the Partner shall login with his/her account and fill in the registration form accepting these Terms and Conditions.
Thereafter Partners may publish as many Sensations in the Marketplace as they wish, at no cost. The reservations of such sensations, as mentioned in clause 4, is however subject to the charge of the agreed fee/commission charged to the Customer in the reservation act.
For the publication of the Sensations, Partners shall use the Database Administration tools present in the Partner Administration Area (back-office) of the Marketplace.
The Database Administration tools include two areas, the Partner Data Area that must be filled in in the first Partner access, and the Services Admin Area. The Services Admin Area is where the Partner insert the Sensations it will provide and their details.
These Sensation details include Sensation Name, Risk level, Meeting Point Address and Contacts, Location, Region of Operation, Lifestyle Segments, Description, Guide information and Reservation type, etc..
After this initial information is correctly inserted the Partner shall insert any photos it desires and the Sensation availability during the year, the hour(s) of the day it takes place, the prices during the week and year, the public it is intended for, etc.. At the end if the information is complete and correct the Partner can activate the Sensation for promotion.
The Sensation availability, hours and price data shall be inserted for each year or the Sensation will not be available in that year. Our suggestion is that the Partner plans that information with some months in advance.
Holiday Senses reserves itself the right to cancel the publication of any Sensations at its discretions if it does not involve an act of discrimination against the Partner. Published Sensations that are not compliant with what is established in Clause 6, infringe the intellectual property rights or any other third party rights will also be cancelled by Holiday Senses.
Customers can reserve any of the Sensations they are interested in experiencing. All reservations have to pass by a pre-reservation process. Those pre-reservations may be instantaneous or not (depending on the reservation type), but when they are not, they are subject to the approval of the Partner, who must accept or decline them. This can take place within a time limit of 24, 48 or 72 hours (as selected in the Services Admin Area) as from the moment when the Customer has made the pre-reservation.
If the Partner Fails to respond to a pre-reservation request for Sensations within the time established will penalize the Sensation overall ranking, and repeatedly declining Sensations, leads to Sensations ranking sinking and Holiday Senses reserves the right to block the referred Sensation, at its discretion. If the Partner decline the pre-reservation, Holiday Senses considers that the Customer is not well served by the Marketplace.
After the pre-reservation has been accepted by the Partner the Customer can pay the reservation fee and reserve the sensation, or cancel the pre-reservation at no cost.
Partners may modify the details of the Activity at any moment in the Partner Administration Area or cancel its publication in the Marketplace at any time. If the Partner cancels a Sensation in the Marketplace it shall send an e-mail to [email protected] informing Holiday Senses of that fact. Modifications of Sensations shall be effective for reservations and pre-reservations made after the date of their modification. Cancellation of the publication of the Activity shall not affect those Customers who have reserved or pre-reserved the Activity at a previous moment.
Modifications to the price, starting time and availability during the year of a Sensation are only effective to reservations performed after the new data was published. Reservations prior to the said modification maintain the initial price (lower or higher), time and availability.
Customers may give their opinion on the Sensations that they have attended. In fact it is very desired by Holiday Senses that they do so in order to Holiday Senses, the Partners and other Customers to determine and confirm the Sensation quality. So, comments given on the Sensations (that may include an opinion on the Partner that has published them) must be true, clear and useful for Holiday Senses and for the other Users.
In case a User is coerced or obliged to provide comments in a specific direction, the Customer must report that fact to Holiday Senses team by e-mail to [email protected]. The email must contain evidence the Customer considers adequate.
Holiday Senses by norm does not edit or eliminate the comments of Customers or contents of the Partners, except if:
The Comments of Customers and the Sensations published by the Partners, may not in any case:
Any users that have knowledge that the Sensations or comments contain any of the unallowed contents mentioned above, or are in any other way illegal, must inform this to Holiday Senses by sending an e-mail to [email protected]. Holiday Senses will then investigate the facts and take the necessary measures. These measures can range from the elimination of the Sensation or Comment, to the termination of the Contract with the User (‘Partner’ or ‘Customer’) who published the forbidden content.
Any User (‘Partner’ or ‘Customer’) that infringes this clause shall be responsible and liable to Holiday Senses for any penalties, sanctions and/or fines than a court or any other competent authority impose to Holiday Senses.
When reserving a Sensation Activity through the Marketplace, the Customer normally does not need to pay it fully in advance, he/she just pays a reservation fee. The remaining of the price is paid to the Partner until the day and time of experiencing the Sensation. This payment performed to the Partner until the day the Activity takes place must not be higher than that indicated in the Sensation voucher.
However in some cases the full cost of the Sensation can be requested in advance.
The price and any additional expenses or discounts if applicable to the Sensation must be published on the Services Admin Area in the Partner Administration Area by the Partner.
Unless agreed otherwise, the Partner performs no payments to Holiday Senses nor Holiday Senses must perform any sort of payment to the Partner. The Reservation Fee is the Holiday Senses commercial commission agreed with the Partner prior to its registration in the Marketplace.
The Users commit themselves to use the Marketplace Services in conformity with the legality, with diligence, and observing the following rules:
In addition, the Partners are committed to the following:
Non-observance of these duties by Users may, at the discretion of Holiday Senses, lead to the suspension of the Service or the termination of the Contract, according to Clause 16.
The Sensation Activity may depend on weather conditions. If so, and the weather conditions do not meet the right criteria, so that the Sensation can not take place on the day and hour planned in the reservation voucher, the Partner has to suggest an alternative date and time to the Customer.
If it is not possible to establish an alternative date and time or if for any reason the Customer does not accept it, Holiday Senses must be notified by e-mail to [email protected] with a comment on this situation in order to take the appropriate actions, namely the refunding of the reservation fee.
The term for withdrawal from contract by the Customer is 14 days starting from the reservation date. During this period the Customer needs no justification and is sufficient that the Customer communicates to Holiday Senses by e-mail to [email protected] (Ref.: withdrawal) relating to his/her exercise to withdraw from contract with an unequivocal statement. Holiday Senses will confirm the reception of this e-mail by another e-mail.
Although what was mentioned above, the Customer will not be able to withdraw from the contract if:
If the situations described in bullets 1., 2. and 3. are met, the Customer may still cancel the Sensation in the situations described in Clause 12.
In case of withdrawal Holiday Senses shall inform the corresponding Partner(s) of the withdrawal situation, refund the price paid by the Customer within 14 days from the date the corresponding e-mail was received and by the same means of payment used by the Customer for the initial payment. The customer can however ask for the refund to be performed by any other means of payment, situation that will be analyzed case by case.
Holiday Senses allows the Partner to cancel a reserved Sensation (whenever the reservation fee was paid) if a major impediment arises or if the minimum participation requisites described in the Sensation Activity details is not met.
Major impediment as used in this contract shall mean any event and circumstances beyond the control of the parties, which prevent total or partial performance of the obligations under this Contract by the affected party or parties.
In these situations, Holiday Senses shall always be informed by the Partner of that fact by e-mail to [email protected]. Confirmation that the cancellation has been attended by Holiday Senses will then be sent to the Partner. However, if such confirmation is not received by the Partner it shall contact Holiday Senses again by e-mail as soon as possible.
The cancellation of Sensations by Partners in any situation other than those indicated above allows Holiday Senses to block the referred Sensation in the Marketplace’s database or even the Partner of the Service.
If the Customer has already paid for the Sensation, he/she shall be refunded of the reservation fee by Holiday Senses between the next five working days after cancellation of the Activity.
The Customer can at any time cancel a Reserved Sensation. In order to cancel a reservation, the Customer must send an e-mail to [email protected] (Ref.: Cancellation) with CC to the Partner e-mail (present in the voucher). In order to Holiday Senses to find the reservation, the e-mail must contain the following information:
However, depending on the cancelation day and the Sensation Activity type the cost and date of cancellation is different.
The Holiday Senses policy is the following for Sensations that do not include accommodation:
The Holiday Senses policy is the following for Sensations that take more than 24 hours and do include accommodation:
After the cancellation the Customer shall receive an e-mail from Holiday Senses informing him/her that the cancellation has been attended. If the Customer does not receive such e-mail he/she shall contact Holiday Senses again, preferably by e-mail.
In order to publish the Sensation Activities in the Marketplace Partner Users need to insert descriptions, images, videos, sound reproductions, and other materials and Customer Users may insert comments on the Sensations. All these are referred now on as the “Materials”.
Users by this mean grant, free-of-charge the intellectual and industrial property rights of Holiday Senses over the said Materials for for exploitation for the maximum period of protection legally recognized for such rights. This include the right to assign them to third parties for a worldwide geographical scope, and with the purpose of promoting the Marketplace, including but not limited to, the exercise of the rights of reproduction, distribution, public communication and making available to the public, transformation, modification or adaptation and exploitation of the Materials.
Partners are responsible for the correct performance of the Sensations and confirm that they take place in accordance with the description provided in the Marketplace.
Users of the Marketplace guarantee that the Materials are an original creation, that they have not been copied from any pre-existing work, and that the exercising by Holiday Senses of the rights assigned in this Contract shall not infringe the rights of any third parties.
Should the Materials incorporate any creations by third persons (photographs, images, videos, descriptions or any other works protected by intellectual or industrial property rights), the Users guarantee that they have obtained the pertinent authorizations and licenses from their legitimate owners for the transmission of rights to Holiday Senses in the terms established in this Contract.
Users guarantee that they are the authors or, where appropriate, the owners of the intellectual and industrial property rights of the Materials, and that their exploitation by Holiday Senses shall not violate any legal provisions, contracts, rights or property of any third parties, and shall not constitute any manner of unfair competition.
Users guarantee that no rights of any nature have been conferred or assigned to any third parties in relation to the Materials.
Consequently, the Users shall assume any expenses, costs, damages and indemnities that may be caused to Holiday Senses as a result of legal actions brought by any third parties against Holiday Senses, based on alleged infringements or damages caused by the intellectual property rights assigned in this Contract over the rights that such third persons may hold.
Partners are liable for each and every one of the Sensations that they publish.
Users are exclusively responsible for maintaining suitable behaviour during the performance of the Sensation Activity and, in particular, they commit to act in accordance with the current legislation and to not commit any act that may be considered criminal. Holiday Senses shall not assume any liability whatsoever as a result of the early finalization of the Sensation Activity by the Partner due to inappropriate conduct by the Customer or as a consequence of any of the foregoing.
If Partners and/or Customers cause any damages, they are to reimburse the full cost of the damage caused to the person and/or entity to whom said damage may have been caused. In addition, they are to indemnify Holiday Senses for the full amount of any claims presented against Holiday Senses by any third parties as a consequence of said damage.
If, due to any cause, the Partner was not able to fulfill the Sensation reserved by the Customer, Holiday Senses shall not assume any liability whatsoever except the reimbursement of the reservation fee. It shall be the Partner the responsible for carrying out the reimbursement of the remaining cost of the Sensation, if already paid. The Partner shall also be liable for any damages that may be derived as a consequence of the foregoing.
This Contract between Holiday Senses and the User can be terminated by the first party in the following cases:
In any case the termination of the Contract does not mean that Holiday Senses abdicates to the right to claim for any corresponding damages.
Users are allowed to cancel their account in the Marketplace at any moment by sending an e-mail to [email protected]. The cancellation of the account however does not authorize the User to remove from the Marketplace any of the Materials that they placed in it. The intellectual property rights over these Materials are held by Holiday Senses.
To request information on the Service or in case of a complaint or claim that surge from this Contract, the Customer or Partner (‘the User’) can contact Holiday Senses via the e-mail address [email protected].
This Contract is valid between Holiday Senses and the User (‘Customer’ or ‘Partner’) and any assignation, transfer or subrogation to a third party is not valid without a written consent by Holiday Senses in advance.
If by any chance Holiday Senses delays or does not demand the fulfilment of any rights or duties that derive from this Contract does not mean a renunciation to such right and demand to the fulfilment of such duty. It will also not constitute a renunciation to any other rights or requirements to the fulfilment of such duties.
If any clauses of this Contract proves to be in violation of the applicable legislation, such clause shall be considered as null and not included in the Contract. Such fact shall not affect the remaining of the contract that will stay perfectly valid and active between the parties.
This Contract is of a commercial nature and must be interpreted and complied with in accordance with its own terms and, in relation to any matters not provided for herein, these shall be governed by Portuguese legislation.
To the extent permitted in the applicable legislation, in order to settle any controversies derived from the validity, interpretation, fulfilment or execution of this Contract, the parties expressly submit to the jurisdiction and competence of the Courts and Tribunals of the city area of Lisbon, thus expressly waiving any other jurisdiction to which they may be entitled.
Holiday Senses reserves the right to add to, modify and/or remove any of the terms of this Contract, at any moment, by means of a notice in the Marketplace or by e-mail, with said conditions entering into force as from the moment of their publication in the Marketplace. The continuity of the use of the services by the User following a notice of modification shall imply the acceptance of said changes.
The User states that he/she is of legal age and guarantees that he/she is authorized to conclude this Contract in his/her own name. The User states that the registration data are current, complete and correct.