Terms and Conditions of Use
General Conditions of Sale
Terms and Conditions of Use
1. Domain Ownership
1.1. The website www.oceansandflow.com (“Site”) is owned by the company Oceans And Flow, Unipessoal Lda. (“Oceans and Flow”), holder of the sole number of registry and legal entity 515 073 903, with registered office at Rua João Melo Abreu, no. 26, 9504-530 Ponta Delgada, parish of São Pedro, municipality of Ponta Delgada.
1.2. For any clarification regarding the Site or these Terms and Conditions of Use (“Terms”), you may contact Oceans and Flow at the following email: email@example.com.
2. Object and Scope of Application
2.1. These Terms set out the rules for accessing and using the Site, including all its subpages, and apply to visitors to the Site (“Users”).
2.2. The use of the Site implies the free, express and unreserved acceptance of these Terms by the Users.
2.3. The Site provides its Users with generic information about the services provided by Oceans and Flow.
3. Access to the Site
3.1. Oceans and Flow reserves the exclusive right, at any time, to suspend, partially or totally, access to the Site, in particular in the management, maintenance, repair, alteration or modernization operations, and to terminate, permanently or temporarily, partially or totally, at any time, the Site.
4. User Access
4.1. The User will access the Site for the exclusive use of services and features that are in accordance with these Terms. It is forbidden to undertake any means that allow to illegally and abusively access the Oceans and Flow computer system, in particular with the aim of disrupting its operation, introducing, modifying or deleting content made available on it, causing damage of any kind to the Site or to Oceans and Flow, introduce into the network any type of computer virus, harmful software and/or worms and access the personal data of other users.
5. Change of Services and Content
5.1. Oceans and Flow reserves the right, at any time and without prior notice, to update, modify, add and/or delete, partially or totally, the services and/or the graphic, text, multimedia, photographs, images, videos or any other digital file format made available on the Site (“content”).
6.1. Oceans and Flow may provide links to pages of other entities. These sites are not owned or operated or controlled by Oceans and Flow, and Oceans and Flow is not responsible for, endorses or in any way supports or subscribes to the content of these sites, or the sites linked to or referred to therein. The use of these links is the sole responsibility of the Users.
7.1. Oceans and Flow will not be responsible for errors that may occur due to system irregularities or failures (temporary or permanent) of the Site. Oceans and Flow will not be liable for any damages resulting from misuse or the inability to use the Site.
8. Accuracy of Content and Disclaimer of Warranties
8.1. Oceans and Flow will take reasonable steps to ensure that all content made available on the Site is accurate and updated. However, the use and reading of the contents of this Site is solely at the User’s own risk and the Site is provided as it is.
8.2. Oceans and Flow makes no warranties, express or implied, with respect to the use of the Site and the materials contained therein. Oceans and Flow excludes any warranty, express or implied, of accuracy or quality and any adequacy warranty, express or implied, for any particular purpose or non-infringement of third party rights and assumes no responsibility for any errors, inaccuracies and/or omissions from the content made available on the Site.
9. Intellectual and Industrial Property Rights
9.1. The User acknowledges that the contents of the Site are protected by intellectual property rights and undertakes to respect such rights.
9.2. The rights to text, images, graphics, sound and animation and all other information and the form in which it is graphically represented on the Site, including the marks, logos and symbols, as well as the layout and structure of the Site are owned by Oceans and Flow or are used with its permission.
9.3. The User is not authorized to transmit, publish, modify, copy, sell, use or distribute, in any way, the texts, images or other information contained on this Site without the prior written permission of Oceans and Flow. The use of brands and logos on this Site, as well as the availability of materials on the Site, do not grant, and cannot be interpreted as granting, permission to Users to use, directly or indirectly, such brands, logos or materials.
10. Treatment of Personal Data
10.1. Oceans and Flow protects the privacy of the Users of the Site. Browsing through this Site does not necessarily imply the provision of personal data.
11. Validity of Terms
11.1. If any part or provision of these Terms is unenforceable or in conflict with applicable law, the validity of the remaining parts or provisions will not be affected.
12. Change of Terms
12.1. Oceans and Flow reserves the right, at any time and without prior notice, to change, add, update or delete, in part or in whole, these Terms.
12.2. The User should periodically consult the page of these Terms to confirm if any updates or changes have been made.
12.3. The use of the Site, after the introduction of any changes or additions, constitutes express and unreserved acceptance of the new Terms.
13. Applicable Law
13.1. The Site and the contents made available on it are subject to Portuguese law. Any litigation arising therefrom will be governed by Portuguese law.
14. Questions and Suggestions
14.1. If you have any questions or suggestions regarding these Terms, you may contact Oceans and Flow through the following email: firstname.lastname@example.org.
June 29, 2021.
1. Treatment and Protection of Personal Data
1.1. Oceans and Flow respects the privacy and rights of the holders of personal data, collected in connection with the use of the website www.oceansandflow.com (“Site”), acting in accordance with the provisions contained in the General Data Protection Regulation (“RGPD”) and other applicable legislation.
2. Identification of the Person Responsible for the Processing of Personal Data
2.1. The personal data of the Users will be processed by the company Oceans And Flow, Unipessoal Lda., holder of the sole number of registry and legal entity 515 073 903, with registered office at Rua João Melo Abreu, n.º 26, 9504-530 Ponta Delgada, parish of São Pedro, municipality of Ponta Delgada, whose email is email@example.com.
3. Collection and Processing of Personal Data
3.1. Personal data is any information, of any nature and regardless of its support, including sound and image, relating to an identified or identifiable natural person.
3.2. Access to the Site does not imply the provision of personal data by the User. However, the use of certain features of the Site implies the provision of personal data by the User.
4. Purposes of Personal Data Processing
4.1. Personal data will be processed solely for the pursuit of the following purposes:
(i) Contact form: personal data will be processed, with the User’s consent, to manage the contact established and provide clarifications and information requested by the User;
(ii) Session booking: personal data will be processed, with the User’s consent, for the purposes of scheduling the session requested by the User and payment for the experience;
(iii) Newsletter subscription: personal data will be processed, with the User’s consent, for the purpose of sending newsletters to the User;
(iv) Subscription of updates: personal data will be processed, with the User’s consent, for the purpose of sending communications and information relevant to the User.
5. User Rights
5.1. The User may request, at any time, access to personal data concerning himself, as well as its rectification, deletion, limitation of its treatment, portability of his/her data or opposition to its treatment.
5.2. The User may also obtain confirmation of the personal data that is being processed, and a copy of the data being processed will be made available, if required.
5.3. The User is also guaranteed the right, through these means, to withdraw his/her consent to the processing of data for the purposes indicated, not invalidating, however, the processing carried out up to that date based on the consent previously given.
5.4. To exercise any of the above rights, the User must submit a written request to the following contact: firstname.lastname@example.org.
6. Preservation of Personal Data
6.1. The personal data collected is processed in strict compliance with the applicable legislation.
6.2. Personal data will be stored in accordance with the respective purposes and within the applicable legal deadlines.
6.3. Whenever there is no specific legal requirement, the data will be stored and kept only for the appropriate period and to the extent necessary for the scope of the purposes for which they were collected, unless the right to opposition, right to deletion or if the User withdraws his/her consent.
7. Communication of Personal Data to other Entities
7.1. Oceans and Flow may transmit User’s personal data:
(i) When resorting to other entities for the provision of certain services, since such provision of services may imply access, by these entities, to the User’s personal data. Any Oceans and Flow subcontractor will process the User’s personal data, in the name and on behalf of Oceans and Flow, under the strict obligation to follow its instructions and the terms of the subcontracting agreement subscribed;
(ii) To third parties, in compliance with legal obligations or judicial/administrative orders.
7.2. In any of the above situations, Oceans and Flow will take all appropriate steps to ensure effective protection of personal data.
8. Security and Confidentiality
8.1. Oceans and Flow uses its best efforts to protect Users’ personal data from unauthorized access. Using, for this purpose, security systems, rules and other procedures, in order to guarantee the protection of personal data and to prevent unauthorized access to data, improper use, disclosure, loss or destruction.
8.2. However, the transmission of information through the Internet is not completely secure, so it is not possible to absolutely guarantee the security of the information transmitted through this Site. Users are responsible for ensuring that the devices and equipment used to access the Site are adequately protected against harmful software, computer viruses and worms.
8.3. Oceans and Flow guarantees the confidentiality of all data provided by the Users, not selling, distributing or otherwise making commercially available Users’ data to any third parties.
9.2. The User should periodically consult this page to confirm if any updates or changes have been made.
10. Questions and Exercise of Rights
10.1. If you remain in any doubt or wish to exercise any of the above-mentioned rights regarding the processing of your personal data, please send an email to: email@example.com.
June 29, 2021.
General Conditions of Sale
1.1. These General Conditions of Sale are intended to establish the terms and conditions governing the provision of trips, tourist routes, adventure expeditions and other activities organized by Oceans And Flow, Unipessoal Lda. (“Oceans and Flow”), holder of the sole number of registry and legal entity 515 073 903, with registered office at Rua João Melo Abreu, no. 26, 9504-530 Ponta Delgada, parish of São Pedro, municipality of Ponta Delgada, whose email address is firstname.lastname@example.org, in addition to the Particular Conditions agreed between the Client and Oceans and Flow.
1.2. For the purposes of these General Conditions of Sale, a Customer is a person, User or not of the Site, who purchases, or wishes to purchase, a service made available on the Site.
1.3. The terms contained in the Specific Conditions prevail over the provisions of these General Conditions of Sale, prevailing over both any additional written stipulations specifically agreed between the Customer and Oceans and Flow.
1.4. The services and products are offered to the Customer under the terms and conditions expressed herein.
1.5. These General Conditions of Sale comply with the provisions of the Regime for Access and Exercise of the Activity of Travel and Tourism Agencies (Decree-Law No. 17/2018, of 8 March).
1.6. The General Sales Conditions of Sale, the program, the corresponding standardized information sheets and the particular conditions provided to the Customer at the time of booking the trip constitute the travel contract that binds the Parties.
1.7. By contracting with Oceans and Flow, the Customer acknowledges and accepts all the terms and conditions established, also declaring to have been aware of all documents referred to in the previous number.
2.1. The registration will only be validated after the proper completion and submission of the form available on the Website, as well as the deposit of 30% (non-refundable in case of contract termination) of the total value of the service to be contracted.
2.2. Registration is subject to the suppliers obtaining confirmation of all services.
2.3. The Customer must pay the remaining amount of the trip, including any additional services requested, up to 30 days before the beginning of the trip.
2.4. Except for cases in which, regardless of the advance of the reservation, suppliers impose payment conditions different from those set out above. In these cases, these conditions prevails, as particular conditions, and the Customer is responsible for such payment, as soon as Oceans and Flow communicates it, in order to secure the respective reservation.
2.5. If the registration takes place in less than 30 days before the beginning of the trip, payment of the full amount of the trip must be made at the time of registration, and the registration is subjected to confirmation of the reservation.
2.6. Oceans and Flow reserves the right to cancel any entry for which payment has not been made under the conditions described above.
2.7. The minimum enrollment age is 18 years. Children under 16 will only be accepted if accompanied by one or both parents, in accordance with the legislation applicable to each case.
2.8. By contracting travel services, the Customer accepts that unforeseen events may arise, related to socio-cultural and climate impacts, being fully aware of the physical requirement of the trip and the possible difficulty in seeking medical assistance.
3. Change of Dates
3.1. Customers registered for a trip may not change their registration for another trip or for the same trip departing on a different date, without the consent of Oceans and Flow.
3.2. If it is possible to make the change, it may be subject to the expenses and charges defined in point 7 regarding the termination of the contract by the Customer.
4. Assignment of Registration
4.1. The Customer may assign his/her registration, being substituted by another person who fulfills all the conditions required for the trip, as long as he/she informs Oceans and Flow up to 15 days before the scheduled date for the beginning of the trip.
4.2. If the person replacing the Customer is of a different sex, this may interfere with the accommodation, being subject to possible accommodation limitations, in case it is not a single room, or to the payment of additional costs.
4.3. The assignment of the registration holds the assignor and assignee jointly and severally liable for the payment of the travel price, fees, charges or additional costs resulting from the assignment of the contractual position, which will be presented by Oceans and Flow.
5. Changes Made by Oceans and Flow
5.1. Whenever there are reasons that justifies it, Oceans and Flow may change the order of the routes, modify the departure times or replace any of the hotels provided for, with others of similar category and location, and shall inform the Customer of the change as soon as it happens.
6. Travel Cancellation by Oceans and Flow
6.1. All trips are dependent on a minimum number of participants.
6.2. Oceans and Flow reserves the right to cancel the trip if the number of registered participants is inferior to the minimum viable for its realization.
6.3. If this happens, the Customer will be informed, in writing, of the cancellation of the trip, within 7 days before the beginning of the trip.
7. Termination of the Agreement by the Customer
7.1. The Customer may terminate the package travel contract at any time prior to the beginning of the tour.
7.2. If the Customer terminates the organized travel contract up to 30 days before the beginning of the trip, the Customer loses the deposit of 30% of the value of the contracted service, corresponding to the appropriate and justifiable termination fee, calculated based on the advance of the termination of the contract for the commencement of the package trip and the expected cost and revenue savings as a result of the reallocation of travel services.
7.3. If the Customer terminates the organized travel contract within the 30 days prior to the beginning of the trip, the Customer loses the entire value of the contracted service, which corresponds to the appropriate and justifiable termination fee, calculated based on the advance of termination of the contract on the start of package travel and on the cost savings and expected revenues as a result of reallocation of travel services.
8.1. Once the trip has started, no refund is due for services not used by the Customer.
8.2. Failure to provide services provided for in the organized trip for reasons not attributable to the organization (and if replacement with other equivalents is not possible), entitles the Customer to be reimbursed for the difference between the price of the services provided and those actually provided.
9.1. The Customer must have in good order his/her personal or family documentation (citizen card, passport, visa, authorization for minors, vaccination certificate, among others legally required).
9.2. Oceans and Flow declines any responsibility for the refusal to grant visas or the refusal of the Customer to enter a foreign country, and any and all costs that such situation may entail are also the responsibility of the Customer.
10. Travel in the European Union
10.1. When the trip is within the European Union, the Customer must have the respective civil identification document (Citizen Card, Identity Card or Passport).
10.2. To obtain medical assistance, the Customer must be in possession of the respective European Health Insurance Card.
11. Travel outside the European Union
11.1. When the trip is to a country outside the European Union, the Customer must have the respective civil identification document (passport), as well as a visa, if necessary.
11.2. Customers who are nationals from non-EU countries shall consult specific information regarding the documentation required to travel at the embassy/consulate of the country of origin.
12.1. Oceans and Flow photographs and films during the travels, in order to obtain material for promotional use of its programs.
12.2. By contracting travel services, the Customer consents to the use of his/her image for advertising purposes, unless he/she expressly declares that he/she does not allow the public use of his/her image.
13. Place to meet and start trips
13.1. The participant’s meeting place with those responsible to organize the trip and other participants is indicated in each travel program. The specific place will be communicated to the participant in a timely manner prior to the trip.
13.2. Oceans and Flow is not responsible for any travel by plane or other means of transport that the participant may have to undertake to reach the starting point of the organized trip at the time indicated in the travel program. Such trips must be planned and purchased by the Customer, and it is his/her full responsibility to be at the meeting point at the time indicated in the travel program.
14.1. Oceans and Flow has the following accommodations for the travels:
i) Double rooms: it can be double or twin, depending on the availability of the accommodation;
ii) Triple rooms: for a group of friends or people traveling alone who want to share;
iii) Individual rooms: subject to payment of an individual accommodation supplement. Please note that this option may not be available on certain trips/nights due to restrictions on the part of hotel.
14.2. In some cases, when mentioned in the trip program, the accommodation may be in camping tents, bungalows, boat or others.
14.3. The organization of the trip may group in pairs, by gender and in chronological order of registration, the Customers who register individually for the same trip. Exceptionally, on some trips, due to the characteristics of each accommodation, separation by sex may not be possible.
15.1. Oceans and Flow is not responsible, under any circumstances, for the luggage and other belongings that the Customer carries with him/her, regardless of the place or means of transport used.
15.2. The Customer is recommended to take out luggage insurance and be present in loading and unloading operations. In case of subtraction, deterioration or destruction of luggage, the Customer must immediately complain, in writing, to the service provider and/or the entity in whose custody they are deposited, keeping a copy of the claim.
16. Liability and Insurance
16.1. Oceans and Flow is responsible for the correct execution of all travel services included in the travel agreement.
16.2. Oceans and Flow is not responsible for booking errors that are attributable to the Customer or that are caused by unavoidable and exceptional circumstances.
16.3. The liability of Oceans and Flow arising from the obligations assumed is guaranteed by civil liability insurance in the [insurer], with policy no. […], in the amount of € [75,000.00], under the terms of the legislation into force.
16.4. It is also recommended that the Customer take out travel insurance that covers damage caused by the Customer or damage caused to those responsible for organizing the trip.
17. Payment Methods
17.1. Oceans and Flow Site provides the following payment methods:
i) ATM reference;
ii) Credit card.
17.2 The use of bank transfer payments is only possible upon prior notice, which must be made to Oceans and Flow, through the email: email@example.com or the telephone number: +351 912 605 878.
17.3. The prices indicated in the travel programs include Value Added Tax (“VAT”).
17.4. Travel documents are issued after payment and verification of payment. Oceans and Flow reserves the right to cancel reservations that have not been paid within the indicated deadlines or if fraud is suspected.
18. Applicable Law
18.1. Any dispute arising from the interpretation or execution of these General Conditions of Sale will be governed by Portuguese law.
June 29, 2021.