Article 1 – Definitions
In these terms and conditions, the following definitions apply:
BOAZ Adventures, Carvoeiro, Portugal.
Activities: The activities offered on behalf of all partners of Boaz Adventures.
Agreement: An agreement between the customer and Boaz Adventures to have the activity carried out by our partners.
Booker: The person who books or will book the activity with Boaz Adventures.
Co-booker: The booker accompanying persons who are going to use the activity.
Owner: The rightful owner(s) (or their representatives) of the company organising the activity.
Manager: A contact person appointed by the owner or Manager, acting on behalf of the owner or Manager in relation to the activity.
Price: The price of the activity.
Total amount: The price plus any extras or residual payments to the partners of the activity or to BOAZ Adventures.
Written communication: messages and documents, whether sent by post or e-mail.
Article 2 – Applicability of general terms and conditions
These general terms and conditions apply to all offers, tenders, agreements and services from, with and through BOAZ Adventures. Deviating terms and conditions do not apply without explicit written acceptance thereof by BOAZ Adventures. Verbal agreements and/or undertakings by employees of BOAZ Adventures, to the extent contrary to these Terms and Conditions, are only valid if confirmed in writing.
BOAZ Adventures reserves the right to unilaterally amend these Terms and Conditions.
BOAZ Adventures will announce any change in its Terms and Conditions at least one month before the effective date by means of a written announcement or via BOAZ Adventures’ webpage.
Article 3 – Nature of the agreement
BOAZ Adventures mediates in the establishment of a booking between the partner and the renter and is emphatically not a party.
Bookings for an activity take place via the internet or telephone. In the case of an internet booking, the confirmation is made by BOAZ Adventures, after receipt of the e-mailed booking form, and confirmed with the down payment, payable to BOAZ Adventures (see art.4).
When booking by telephone, BOAZ Adventures creates the booking form and sends it by e-mail to the booker and this should also be confirmed with the deposit. Both booking methods are final and binding, i.e. the cancellation in article 8 cancellation is due.
Article 4 – Payment
Within 5 days after the booking date, 30% to 50% of the total activity amount needs to be in BOAZ Adventures’ bank account.
The remaining 50% to 70% plus any additional costs must be paid 3 weeks before the start of the activity.
For bookings within 3 weeks before the start of the activity, the full invoice amount must be paid within 3 days of receiving the booking confirmation.
When booking within 1 week before the start of the activity, the full invoice amount must be transferred to BOAZ Adventures by telephone banking, whereby the costs are entirely for the account of the booker.
In case of late payment of the amounts due, BOAZ Adventures will send a written reminder. If the amount due is not in BOAZ Adventures’ possession within 5 days after the date of the reminder, the activity will be cancelled. BOAZ Adventures will charge the bookers the cancellation costs as referred to in article 8.
If BOAZ Adventures does not have the full activity fee on the day of the activity, BOAZ Adventures is entitled to deny bookers access to the activity, without prejudice to BOAZ Adventures’ right to full payment of the agreed amount.
Article 5 – Additional costs
Any additional costs, such as deposits, are to be paid in cash to the partner on site or, if indicated on the invoice, to BOAZ Adventures.
Article 6 – Participating in the activity
The booker must behave as a good guest and properly follow everything relating to the activity as indicated by the partner/manager and/or BOAZ Adventures provided instructions. Only those whose names appear on the booking form and activity voucher are entitled to participate in the activity.
Only under certain conditions and with written permission from BOAZ Adventures is it allowed to use the activities for commercial purposes such as photo shoots or video reports. Written permission from BOAZ Adventures is also required to hold private parties, weddings and receptions.
The booker must comply with the start and end times as indicated on the voucher. For different arrival or departure times, the renter should contact BOAZ. All costs resulting from the deviating start or end times are the sole responsibility of the booker.
Article 7: Price and price changes
Should additional costs arise on the part of BOAZ Adventures after the agreed additional costs have been determined, they are entitled to charge these to the booker, even after the agreement has been concluded.
The prices published on BOAZ Adventures’ website are subject to price changes, technical errors and apparent typing errors.
Article 8 – Cancellation
The booker may cancel the activity or seek a replacement for the activity at any time, provided this is done in writing.
In case of cancellation by the booker, the following is in order:
– Cancellation after the activity is booked: 30% to 50% of the agreed price for the activity;
– Cancellation between 42 days and 35 days before the activity start date: 50% to 70% of the agreed price for the activity;
– Cancellation between 35 days before arrival date: 100% of the agreed price for the activity.
BOAZ Adventures reserves the right to make exceptions, but only in favour of the booker.
Article 9 – Termination or modification by BOAZ Adventures
BOAZ Adventures may only terminate or change the booking in the following cases:
In case of force majeure such as war, strike, natural disaster, adverse weather conditions, fire, death of the partner and/or unannounced sale.
Due to weighty circumstances. Serious circumstances are understood to be circumstances of such a nature that further compliance with the agreement by BOAZ Adventures cannot reasonably be expected; rarely BOAZ Adventures is forced to cancel the activity due to serious circumstances.
If the booker, after this has been pointed out to him by the partner or manager, does not behave as a good booker or a serious nuisance to the surrounding area is caused by the booker. Insofar as the above is not a case of negligence or culpable behaviour of the renter, BOAZ Adventures will offer the booker a change in the form of a replacement activity offer as soon as possible. If this is not possible or the booker does not accept the alternative, the activity fee will be refunded in full. Any other loss resulting from the termination or modification will not be reimbursed by BOAZ Adventures.
Article 10 – Liability
BOAZ Adventures mediates between the activity company and the booker and is emphatically not a party.
BOAZ Adventures accepts no liability for:
– Theft, loss or damage of any kind during or after an activity through one of Boaz Adventures’ partners.
– The non-performance or partial performance of the activity in case of force majeure. This includes cases where the hired services of the partner on whom BOAZ Adventures depends are continuously negligent;
– Obvious mistakes or errors on BOAZ Adventures’ website or other communications, including errors in texts and images of the activities;
– Accidents before, during and after the activity.
The booker is liable for any loss/damage to or during the activity. the rented property and its inventory, whether as a result of acts or omissions of the booker or of a third party participating therein with the booker’s consent.
Article 11 – Complaints
The booker shall initially submit complaints to the partner and/or manager in order to reach a solution. If the complaint is registered on-site by the partner but cannot be resolved, the booker should contact BOAZ Adventures within 48 hours. BOAZ Adventures will, to the extent within its capabilities, endeavour to resolve the complaint to the booker’s satisfaction. Complaints reported and received more than 48 hours after the end of the activity will not be dealt with.
The booker should always give BOAZ Adventures the opportunity to propose an appropriate solution to the complaint. Premature departure from the activity without prior consultation with the partner and/or BOAZ Adventures, indemnifies the partner and BOAZ Adventures from any acceptance of a complaint or any form of refund.
Should the complaint not be satisfactorily resolved, bookers should complain in writing and with as much information as possible to BOAZ Adventures, Rua do Casino 54b, 8400-515, Carvoeiro, Portugal, within 4 weeks from the date of the activity.
Article 12 – Final provisions
These general terms and conditions are governed by Portuguese law, to the extent not otherwise provided for under the rules of private international law. Any disputes arising from these terms and conditions shall therefore be settled in the first instance by the competent court in Portugal unless international law provides otherwise.