Terms & Conditions
Please read these Booking terms and conditions carefully.
BORK YOU Lda is a fully licensed company operating in Portugal.
BORK YOU LDA
Marina de Oeiras
2780-267 OEIRAS, PORTUGAL
Tel.: +351 21 441 35 74
Tax number: PT510182712
Travel Agency license: RNAVT 8124
Tourism animation activities license: RNAAT 90/2012
The terms and conditions set forth below (the “Terms” or “Agreement”) constitute the entire understanding and agreement between you, the tour participant (individually or collectively “you” or “the Participant”) and BORK You Lda, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (individually or collectively “BORK You,” “BORK”, “we”, or “us”) with respect to any and all bookings, trips or transactions made with BORK You.
By completing a reservation booking with BORK, you confirm agreeing to these Terms, and you accept all Terms herein and direct us to perform services on your behalf. All persons named in the Tour Booking Form (“Participants”) are subject to this Agreement. By signing these Terms, you affirm that you have made all other Participants listed in the Tour Booking Form aware of these Terms – regardless of how final payment is made – and that all Participants accept these Terms.
TERMS & CONDITIONS
The registration is done by completing and submitting the Registration Form found on the website or sent by email, fully completed.
Registration for day tours or courses will be accepted after payment has been totally completed.
Registration for expeditions will be accepted only with a deposit of 40% of total program amount. This registration must be confirmed until 60 days before departure, with the remaining payment.
With the registration the client assumes:
– the obligation to know and accept the terms and conditions of participation as well as specific conditions contained in the program that he is going to participate in;
– to be in good health conditions to participate in the program as it is part and accepts the possibility of running all the risks inherent to their nature;
– to be aware of the type of physical demands, psychological and cultural activities they involve, and materials including personal injury, illness, inconvenience and discomfort and accept them, and accept that they could produce unforeseen events.
BORK reserves the right to consider invalid any registration for which payment has not been made under the conditions mentioned.
2. Payment methods
BORK YOU LDA offers several payment methods. Our main payment methods are PayPal, CreditCard, and DIRECTebanking. BORK partners with Stripe for Credit Cards payments. Please keep in mind that offered payment methods may vary by the country of destination. Once all items have been added to the basket, all available payment methods will be shown.
For online payments made by credit card, the ‘Secure Socket Layer’ (SSL) security system is used, which allows encrypting your banking information when on the network.
3. Booking terms and conditions
The booking confirmation is performed by programs in chronological order of receipt of fully completed Application Form and payment of the whole amount or signal. Do not forget that some of our programs have a very limited number of participants.
Prices may change for reasons of price variation in supply, fuel, fees or taxes. Whenever there is a price change, the customer will be informed and be able to keep or cancel its subscription.
If enrolment for expeditions occurs 60 days or less from the date of the program, the total value of the program must be paid upon registration, leaving you with confirmation subject to obtaining confirmation of reservation by all service providers involved in the program.
For group bookings over 5 customers, special cancellation conditions apply that will be defined between BORK You and the company/person in charge of the group booking.
For individual bookings, the cancellation policies are the following:
If a customer wishes to withdraw its participation to an expedition, he/she must do so in writing or by e-mail and will have to bear the costs of dropping out according to the following scale:
- 90 to 30 days before trip start 50% of the total
- Less than 30 days trip start or no show – 100% of total
If a customer wishes to withdraw its participation to a day tour or a course, he/she must do so in writing or by e-mail and will have to bear the costs of dropping out according to the following scale:
- More than 48h before the tour starts: 0% of the total
- Less than 48h before the tour starts: 100% of the total
There are no exceptions to this cancellation policies, including reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control.
6. Cancellations by BORK
We reserve the right to cancel any tour prior to departure for any reason. In the event of cancellation, a check for a full refund will be issued to you, which constitutes full settlement. If the tour is cancelled within 30 days of departure, an additional discount will be made for an alternate trip with BORK in addition to the full refund. In the event that, prior to departure, we make any significant changes because of a problem with a supplier, for example, a hotel bankruptcy, we will, as soon as reasonably possible, notify you of available alternatives. Such changes may require a supplemental payment from you or possibly a refund. No refunds under this paragraph will be provided due to cancellations or changes due to Force Majeure.
The client must meet the time set for the commencement of activities as well as the intermediate times that are being defined. Delays and manifest lack of care for the other participants may include the inability to undertake part of the activity.
In order to ensure greater safety and quality in carrying out activities, BORK reserves the right to change hours, location and structure in case of inadequate weather conditions, or other unpredictable causes that make the realization of the program impossible.
You understand that the amenities, lodgings, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors.
10.Responsibilities during the tour
Tour Start Date: It is your responsibility to be ready to go at the departure city at the specific tour departure day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Compliance with Local Laws and Tour Etiquette: Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other trip members’ privacy, and following the suggestions and advice of the guide.
The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travellers. During the tour, we have the right to remove anyone who we:
- a) judge to be incapable of meeting the rigors and requirements of participating in the tour activities;
- b) determine to detract from others’ enjoyment of the tour.
11. Degree of difficulty
It is the customer’s responsibility to verify the degree of difficulty of the program that fits and whether it is appropriate to their capacities. BORK clarifies all the doubts and questions during the application but cannot be held responsible for the fact that the participant does not have the skills or physical condition to complete the activity.
The physical demands of our tour may vary depending on the specific itinerary selected. For instance, our walking tours require only moderate activity while some of our bicycling tours can be physically very challenging. Good physical and mental conditions are essential for the enjoyment and safety of our tours. By agreeing to these Terms, you certify that you do not have any physical or mental health condition that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour.
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Our first priority is always the safety of all people involved in its activities, clients, guides or anyone who assists in organizing the activity. The equipment used in the activities provided by BORK is approved and when needed, specific personal protective equipment is provided.
BORK guides are trained and besides guiding the group, they take responsibility for making decisions in the field whenever there are unexpected. At least one of the guides is trained in first aid. The client of a guided tour should respect the decisions and directions of the guide.
In case your booking includes accommodation, the lodgings are carefully chosen by BORK according to the characteristics of prepared routes, based on the proximity of the route. We favour sites that have a character and a special atmosphere, either by location, comfort, friendliness of the owners, or the rustic way they integrate into the landscape in order to provide a pleasant stay, adequate rest and activity. However, this is not always possible and sometimes to maintain the integrity of the route turn to private housing, shelters, campsites or hotels. Whenever possible avoid the passage and stay in places where tourism is massive demand. Given the limitations in the choice of accommodation for those traveling alone, there is not always available accommodation in single rooms, are often necessary to share double rooms with other participants. Occasionally you may need to share rooms or apartments with several people. These limitations are always described in the detailed information of the activity. Anyway, it is intended that any accommodation guarantee minimum services: Bathing with minimum health, hot water, breakfast service and beds equipped with clean clothes.
Expeditions mostly include lunches and dinners. Please check the trip description for a day by day program of what´s included. We tend to choose the best and most typical restaurants along the places we stay, thinking about the gastronomic satisfaction of our customers. We will try to accommodate specific diets as much as possible, though it might be difficult in some places. If there is any specific need/restriction in your diet let us know when you confirm the trip so that we can satisfy you better.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
In most of the expeditions, BORK provides the transportation of the luggage between the client’s accommodation or between stages. The customer must have the luggage ready before starting the day route so that BORK organizes the necessary transportation to the next accommodation. BORK recommends to never put in the luggage to be transported, values such as money, credit cards, personal documents (identity card, airline tickets, etc.). Or any other document which loss can lead to complications in the normal course of the journey. BORK is not responsible for the failure by the client of this recommendation. The client must inform the organization if he/she has some fragile item and pack it properly. Luggage per person is limited to 20kg, 80Lt volume and 2 pieces.
All luggage, equipment and personal belongings will be on the customer’s responsibility. BORK assumes no liability for any loss, damage or accident to any luggage or equipment, regardless of how this occurs.
The price of the expedition includes only basic travel insurance:
Policy Nº 205051101 from Companhia de Seguros Allianz Portugal, S.A. with liability of 75,000.00€.
Policy Nº 85/22477 from Mútua dos Pescadores with liability of 50.000,00€, personal accident, death or permanent disability of 900,000.00€, and personal accident treatment and repatriation expenses of 157,500.00€.
BORK strongly recommends purchasing travel insurance that protects you and your investment in the event of a sudden emergency before or during your trip and coverage for trip cancellation or interruption, illness, injury, and damage, loss or theft of baggage, as well as emergency assistance.
Our mission is to provide you the best experiences and vacation, so we will do everything to meet any special needs such as vegetarian diets, kayak request, diving preferences, bike size, accessories requests. Just inform us in advance as possible.
19.Equipment use, care and security
Paddling, diving and biking equipments complies with EU and Portuguese safety standards and are reviewed periodically and before each expedition.
It is the customer’s responsibility for the safekeeping of all equipment accepting responsibility for the good care and security of the equipments and all accessories during the trip. All personal belongings stored in the kayaks/bikes will be on the customer’s responsibility.
It is the customer’s responsibility to compensate BORK for the full cost of repairing damage or replacing of the Equipment, regardless of the cause of such loss or damage (including without limitation; loss or damage arising from misuse).
Pre-departure Documentation: After we receive your final payment, you will receive by email a variety of documentation, including suggestions for clothing, preparations, packing, and money. Also included will be confirmations, travel information, a release form if one has not yet been received, and an outline of what to expect on the tour. Please read these documents carefully as soon as you receive them and contact us or your travel agent if any information seems to be incorrect. We cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of us sending time to you or your travel agent.
Passports and Visas: You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. You are responsible for passport requirements, and we suggest you plan early to apply for or renew a passport. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, vaccinations, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
21.Use of Photographs and images
Any client’s image, captured by the monitors or BORK employees at any of our activities, can be used by BORK, in the illustration of promotional material and advertising company such as brochures, slides, videos, and the Internet. Photos that clearly identifies persons is not marketed or made available for other purposes.
If you encounter any issue during your tour, you must promptly notify tour leader and they will do their best to assist you to resolve the matter. Failure to notify us immediately may forfeit or reduce your ability to claim any future compensation or refund from BORK. Further, if you make any changes on your own without notifying us, as described above, you shall assume sole responsibility for any added costs you may incur and forfeit any potential refunds. If BORK cannot resolve your complaint at the time of occurrence, you should make a written record of your complaint and it to BORK within 30 days of the end of the tour via email at email@example.com or via postal mail at Marina de Oeiras, Estrada Marginal, 2780-267 Oeiras, Portugal. BORK will not accept any claims received beyond this period.
23.Liabilities and Limitations: Responsibility – Limitation of Liability
BORK and all its owners, act only in the capacity as an agent for the hotels, airlines, bus companies, railroads, ship lines, and/or any Supplier providing accommodations, transportation or other services to the Participant. The Participant is advised that BORK purchases such as transportation, hotel accommodations, meals, sightseeing excursions, and other services from various suppliers who are not affiliated with BORK. BORK makes every effort to select the best suppliers of the aforementioned services, however, BORK does not control the operations of these agents and as a result, cannot be held liable for any personal injury, property damage or other claim which may occur as the result of any and/or all of the following: (1) the wrongful, negligent or arbitrary acts, errors or omissions on the part of the independent Supplier, its agents, its employees or others who are not under the direct control or supervision of BORK; (2) defects or failures of any vessel, aircraft, vehicle or other instrumentality which is under the control of an independent Supplier; or (3) loss, injury or damage to person, property or otherwise, resulting directly or indirectly from any Acts of God, dangers incident to the sea, fire, breakdown in machinery or equipment, or wars (whether declared or not), hostilities, civil disturbances, strikes, riots, thefts, pilferage, medical epidemics, quarantines, or customs regulation, defaults, delays or cancellations or alterations in itinerary due to schedule changes, or from any causes beyond BORK´s control.
Further, BORK is not liable for any loss or damage resulting from insufficient or improperly issued passports, visas or other legal documents.
You agree that the sole remedy for any default by BORK arising under these Terms shall only be the return of the paid tour cost. To the maximum extent permitted under applicable law, BORK shall not be liable for any special, consequential, indirect, incidental or other damages arising out of these Terms, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BORK has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages. The foregoing shall not apply to BORK´s gross negligence or intentional misconduct.
In the event that a court finds any provision of this Agreement invalid and/or unenforceable, the parties agree that all the remaining provisions shall remain valid and in force, and such unenforceable provisions will be replaced with one that is enforceable and reflect the intentions of the parties hereof.
25.Successors and Assigns
These Terms shall inure to the benefit of and be binding upon BORK and the Participant and their respective heirs, legal personal representatives, successors and assigns.
26.Updating of Terms and Conditions
We reserve the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them. The latest Terms and Conditions can be found on the BORK Website at www.borkyou.com.
This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this Agreement. It supersedes all previous negotiations and agreements.
28.Applicable Law and Choice of Forum
The construction validity and performance of these Conditions shall be governed by Portuguese Law and the parties submit to the exclusive jurisdiction of the Portuguese Courts in the event of legal proceedings arising from any dispute.
The languages of any dispute resolution procedure or any proceedings will be English and Portuguese.
In case of consumer litigation, the consumer can resort to the european dispute resolution platform which is available at https://webgate.ec.europa.eu/odr.
For further information and in order to know the alternative dispute resolution responsible authorities, that are registered, please, consult the consumer portal at www.consumidor.pt. The alternatives authorities for the resolution of disputes are the following ones:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
Faculdade de direito da Universidade de Lisboa
Campos de Campolide – 1088-032 Lisboa
Telef. 213847484 – email.: firstname.lastname@example.org
Travel is an adventure. Adventure travel is indicated for active and adventurous persons open to the discovery and the unexpected! Provide unique moments of conviviality, more direct contact with nature, good humour, and camaraderie, yet has very specific characteristics that can jeopardise your satisfaction. We recommend that you inform yourself carefully about the degree of difficulty of the program intended to ensure that you have sufficient physical and psychological level for participation. Do not hesitate, in case you have any questions! They can also occur in unexpected route developed; changes to the environment or unforeseen adverse weather conditions that may necessitate changes in the program during the trip. Participants should have a positive outlook and be flexible enough to face these changes in a pleasant way.