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GENERAL CONDITIONS

1. INTRODUCTION

Once Upon a Day, in partnership with service providers in the region, carries out the experiences included in this website. Service providers are responsible for each service provided. Service providers have liability insurance. Any claim can be made to the service provider or the OUD.

  • Covid Disclaimer: All published experiences are subject to capacity and availability, due to the rules and directives that may be in force at the time the experience takes place.
  • Privacy: Some experiences may contain parts that are not entirely private. If you want a completely private experience, please contact us.
  • Timetables: The schedules or programming of each experience may undergo changes/adjustments to ensure its realization in the best conditions.
  • Appointments: Appointments will be accepted upon confirmation of availability.
  • Alcohol Consumption: Children under 18 will not be accepted for visits to wineries and tastings without the supervision of a responsible tutor. Children under 18 are prohibited from selling and consuming alcohol.
  • Weather: The performance of some activities depends on the weather and there may be a need to adjust schedules or even be canceled in order to maintain the quality and safety of the service provided.
  • Transfers: Transfers to the experience and return location are not included and can be arranged on request.

 

Customer-initiated cancellation policy:

  • Up to 15 days from the experience, 50% of the value will be charged.
  • In a period less than 15 days from the date of the experience, the full amount of the experience will be charged.

 

2. SCOPE

2.1. These general conditions ("General Conditions") govern and are an integral part of the contract for the provision of services entered into through the website www.onceuponaday.pt (“Site”) between the Once Upon a House Group (“Group”) and the customer who subscribes to the contract (“Customer”), which has as its object the provision of tourist entertainment activity reservation services (“activity”) and other subsidiary tourist services (“services”) owned and/or operated by any company that is part of the group.

2.2. The conclusion of the Contract, which takes place after confirming the reservation through the Website, is made in accordance with these General Conditions, whose knowledge and acceptance by the Customer are manifested through validation of the checkbox for this purpose in the booking form, and Customer's knowledge and acceptance of the Website Terms of Use and respective Privacy Policy.

2.3. When making any reservation, the Customer must correctly fill in the respective form, indicating, in particular, the activity, the date of delivery and the applicable rate, subject to confirmation of availability by the Once Upon a House Group, as well as their personal data and information payment, taking full responsibility for the choices made and the information provided, which must be complete, true and updated.

2.4. Upon confirmation of the booking data by the Client, a booking code is assigned to him, which must be referenced in all contacts with the Group, the Client acquiring the right to the services contracted from the Once Upon a House Group, under the terms and conditions described in the respective proof of booking and in the Contract, after payment.

2.5. When having booked only one activity, the Client is fully responsible for obtaining and/or contracting means of transport that allow him to enjoy the contracted services.

2.6. Likewise, the Client assumes full responsibility for possessing and/or obtaining the necessary documents (such as identification documents, permits, visas and vaccination certificates) for entry into the country and/or location of Once upon a Day or where it does stopover during the purchased trip, and should be informed about it in due time when you have only booked an activity.

2.7. Due to the special schemes and rates for children, which vary, among other factors, depending on age, service provider and travel dates, the Once Upon a House Group advises the Client to obtain prior information from this before booking.

2.8. No refunds are due for goods and/or services that, although made available to the Customer, the Customer chooses not to enjoy or use.

3. BENEFITS, PROMOTIONS AND DISCOUNTS

3.1. The Once Upon a House Group may carry out on the Site, with or without a temporally limited scope, certain promotions (“Promotions”) and discounts (“Discounts”) on reservations made by Customers.

3.2. The following conditions apply to Benefits, Promotions and Discounts:

i) For the benefit of certain Promotions and/or Discounts, the Customer may be asked to enter a promotional code (“Promotional Code”) or to pay in advance for the reservation;

ii) Benefits, Promotions and Discounts are subject to confirmation of availability; iii) The Once Upon a House Group reserves the right to cancel the Benefits, Promotions and/or Discounts or to reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial value or when they are used from fraudulently (namely, by anyone who is not its owner/beneficiary);

iv) Benefits, Promotions and Discounts are only valid for reservations made through the Site and are not transferable to third parties;

v) In case of cancellation or non-use of a reservation made within the scope of a Benefit, Promotion or Discount, the Benefit, Promotion or Discount amount will not be refunded, nor will its reapplication in another booking be guaranteed;

vi) If there is a change, at the Customer's initiative, of the characteristics and/or ownership of a reservation made within the scope of a Benefit, Promotion or Discount, the Customer may lose the benefit/perk granted by the reservation, applying the provisions, in case of dropout, in section 10;

3.3. The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts holds the Client liable in the general terms and gives Once Upon a House Group the right to choose between a) the application of the rate without discount and b) the termination of the Contract, equating -if such resolution, as to the consequences arising therefrom, the termination of the Contract by the Client, without prejudice to the right of Once Upon a House Group to be indemnified for all damages suffered;

3.4. Once Upon a House Group reserves the right to cancel and/or change the Benefits, Promotions and Discounts at any time.

4. TAXES 

Legally due taxes are also added to the reservation price (including, in particular, Value Added Tax), which will be charged by the Once Upon a House Group to the Client together with the reservation at the legal rate in force, depending on the contracted services.

5. FEES 

5.1. The making of reservations, changes to them and cancellations may be subject to the payment of fees charged by the Once Upon a House Group to the Customer, calculated according to the type of reservation, the date of its realization (or the respective amendment or cancellation) and the applicable rate, to be disclosed at the time the Customer makes the reservation. Additionally, the Once Upon a House Group may also charge the Customer additional fees for changes in reservations or cancellations.

5.2. Fees are due for each reservation made, in return for the provision of online reservation services by the Once Upon a House Group to the Customer, and are debited upon payment of the reservation by the Customer.

5.3. The fees owed by the Customer to the Once Upon a House Group within the scope of a reservation are non-refundable if the Customer does not use or enjoy the contracted goods and/or services, as well as for any other reason not attributable to The Once Upon a House Group, except if the Customer cancels the reservation under the terms (including deadline) described in the General Conditions.

6. ACTIVITIES 

6.1. The characteristics of the activities are those shown in the reservation. However, since the photographs of the activities were not taken on the day the Client made the reservation, there may be non-substantial differences between the photograph and the reality at the time of the use of the services contracted by the Client, but which do not confer on the Client the right to any modification of the Agreement.

6.2. The prices shown are per activity, but may, however, be presented according to other characteristics, which in any case will be properly indicated on the Website when making a reservation.

6.3. Diets and their specificities are communicated to the Customer through the Website when making a reservation.

6.4. If the Client presents himself with more people than those indicated in the reservation to carry out the activity, those responsible for Once upon a Day may refuse to enter, a situation for which the Once Upon a House Group cannot be held responsible.

6.5. The Client must comply with the internal regulation for the use of activities, if any, and the Once Upon a House Group cannot be held liable for damages suffered by the Client as a result of its violation.

7. PAYMENT 

7.1. The Client must pay the amount indicated on the booking form as a prerequisite to be able to take advantage of the contracted booking.

7.2. Payment for the reservation can be made by the Client.

i) on the Website, on the date of booking or;

ii) at headquarters, on the date of the experience (if this mode is available for the type of reservation made by the Client).

7.3. If the Customer chooses to pay for the reservation when it is made, it must do so using the credit card owned by it, within the list of issuers with which the Once Upon a House Group collaborates and which is provided in the reservation form , the payment being accepted by the Once Upon a House Group within the limits authorized by the issuing entities.

7.4. Alternatively, if the Client intends to pay for the reservation only at the head office, he may do so under the terms permitted by Once upon a Day, and he must inform itself in due time about which payment methods are accepted. However, you will always be asked by the Once Upon a House Group, when making the reservation on the Site, for your credit card information, for the purposes of guaranteeing the reservation, the Once Upon a House Group undertaking to debit it, for the amount corresponding to the value of the activity, only if

i) the Client does not show up at the activity, on the date indicated in the booking receipt or;

ii) cancel the reservation without the advance notice foreseen in the respective proof of reservation, which the Customer expressly accepts and authorizes.

7.5. The credit card information entered by the Customer is protected by———–, a subcontractor of the Once Upon a House Group, which complies with all the Group's security mechanisms, in compliance with our Privacy Policy.

8. CANCELLATION 

8.1. The cancellation of any reservations made through the Site implies the loss, in favor of the Once Upon a House Group, of any amounts paid by the Client, unless the contrary results expressly from the respective proof of reservation.

9. IMPOSSIBILITY OF COMPLIANCE 

When, for facts that are not attributable to it, the Once Upon a House Group cannot fulfill obligations arising from the Contract, it must immediately notify the Client of such impossibility. If the impossibility respects any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any price variation. The Client must notify the Once Upon a House Group of its decision within 4 working days after receiving the notification from the Once Upon a House Group, it being understood, if nothing says, that it agrees with the change.

10. COMPLAINTS 

10.1. Any deficiency in the performance of the Contract regarding the services provided by third party service providers must be communicated to the Once Upon a House Group in writing, within a maximum period of 20 working days after the end of the services contracted by the Client.

10.2. In the event of a complaint filed for non-compliance with the services contracted to the Once Upon a House Group, the Customer may activate the guarantee provided for in the applicable legislation (provided that the complaint is based on the non-compliance with the obligations whose observance is guaranteed by the said guarantee), owing to the effect request to Turismo de Portugal, IP, to demand the guarantor, presenting:

i) A final and unappealable court decision, which includes the amount of debt payable, certain and net;

ii) Arbitration award;

  • Application requesting the intervention of the arbitration commission, in accordance with applicable law, accompanied by evidence of the alleged facts.

 

11. RESPONSIBILITY 

11.1. In the case of Organized Trips, the Once Upon a House Group is liable to Clients in accordance with the law, except if:

i) Non-compliance does not result from excess reserves and is due to force majeure or fortuitous circumstances, motivated by abnormal and unpredictable circumstances, outside the Once Upon a House Group, whose consequences could not have been avoided despite all the steps taken ;

ii) It is demonstrated that the non-compliance is due to the Client's own conduct or to the unpredictable action of a third party outside the provision of the services due under the Contract;

  • Legally cannot trigger the right of recourse in relation to third party providers of the services provided for in the Contract, under the terms of the applicable legislation;

iii) The provider of the activity cannot be held responsible for the deterioration, destruction or removal of luggage or other items.

11.2. To the extent permitted by applicable law, the Once Upon a House Group is not responsible for damages that may arise from any unforeseen circumstances or that are beyond its control, and also, expressly and by way of example: delays or network blockages, interference, interruptions, viruses, malfunctions and/or disconnections in the operational functioning of the Site or in the Customer's computer equipment and equipment, or any other abnormal functioning of the reservation service for reasons beyond its control and preventing the reservation from being made.

11.3. The Client responds to the Once Upon a House Group under the terms of the law.

12. PERSONAL DATA 

When filling out the booking form, the Customer will be asked for certain data that can identify him (“Personal Data”), which will be collected by the Once Upon a House Group in strict compliance with the law and in accordance with the provisions of the Site's Privacy Policy .

13 CONTACT 

All communications or notifications under the Agreement must be made using the information provided by the Customer through the online form. Any change to the Customer's data and any communication or notification addressed by the Customer to the Once Upon a House Group must be made to the following contacts mmateus@ouh.pt.

14. GENERAL PROVISIONS 

14.1. The General Conditions are only applicable to the reservation of services made through the Site, being a complement to any specific conditions agreed in writing between the Client and the Once Upon a House Group regarding the object of the Contract or referred to in a specific area of ​​the Site for a given product or service, including proof of booking (“Specific Conditions”), which are also an integral part of the Contract.

14.2. The provisions of the Particular Conditions prevail, in case of conflict, over the General Conditions, prevailing over both any additional written stipulations specially agreed between the Client and the Once Upon a House Group and signed by both, which form part of the Contract.

14.3. Once the Contract is concluded, it can only be amended in writing, by means of a document signed by the Client and by the Once Upon a House Group, which becomes an integral part thereof.

14.4. The provisions of these General Conditions may be changed at any time by the Once Upon a House Group for future legal relationships, without prior notice. As such, whenever you make a reservation, and even if you use the Site frequently, you should read them in full.

15. APPLICABLE LAW AND JURISDICTION

The Agreement is governed by the laws of the Republic of Portugal. For the resolution of any disputes arising from the validity, execution, execution, non-compliance, extinction or interpretation of the Contract, the Court of the District of Lisbon is exclusively competent, without prejudice to the applicable mandatory legal rules.