Terms and Conditions for Yacht Charters
TERMS AND CONDITIONS FOR VILAMOURA BOAT TRIPS AND YACHT CHARTERS with Timeless Moments
Below are listed general terms and conditions regarding our service. For specific and up to date terms relating to the current virus pandemic see here: CORONAVIRUS / COVID-19 UPDATES
For the benefit of these terms and conditions TM refers to Timeless Moments lda.
“Client” refers to the individual or group that confirm the reservation and undertake a trip.
TM directly owns some of the boats listed on this page, others are not owned by TM. In these cases we act as a booking agency on your behalf to secure the reservation and to make sure you receive the highest level of service. Our dedication is always to the client and to representing your best interests.
We always seek the highest quality of partners as we try to offer something for everybody. We check standards and monitor feedback at all times. Where we feel quality or safety standards are not of the highest level we will in all cases take action to improve or remove the product from our offering.
DAMAGE WAIVER AND LIABILITIES
In the event that one of our vessels is damaged as a result of the actions of the client or their guest’s, TM will inform the client within 24 hours. The damage and the cause of the damage will be stated in writing within 48 hours.
TM will then obtain a quotation from a relevant contractor for the required repairs or replacement. The quote will be forwarded to the client for payment or charged to the payment card.
Clients may be requested and required to pay up to 5000€ for any damage caused to our vessels until the full evaluation of repairs has been calculated. Any excess amount is returned to the client once the repair cost has been settled.
Any dispute must be informed in writing to the director of operations.
Any extra cleaning required as a result of your charter is deemed chargeable under damage waiver agreement.
Any ﬁnes incurred through the local marine authority as a direct action or failure to comply with TM policies or local laws will be fully chargeable to the client under the damage waiver.
No liability or responsibility is accepted for any loss or additional expenses incurred by accident, injury, sickness or death.
All persons under the age of 18 years must be supervised by a mature adult.
Any food and drink supplied by the client is subject to approval of TM and should be informed 24 hours before the trip. This is to protect the vessel from certain damages that can occur through spillage, etc.
TM do not allow smoking throughout the yachts interior, only on the rear swim platform is smoking permitted. Failure to comply will lead to immediate termination of the charter.
Red wine, red Port, Blackcurrant juice and other such red drinks are not permitted on board.
TM require a deposit of 30% to secure a reservation. No reservation is confirmed until the deposit has been paid.
The balance of payment will be due on or before the departure of the cruise.
In certain cases and in particular when using third party yachts, TM reserve the right to request full payment at time of reservation.
Itineraries discussed in email and verbally prior to the trip date are always subject to changes and updates as we factor in tides, winds, weather and other issues beyond our control. TM accepts no liability for changes to the discussed itinerary. Itinerary changes do not constitute cancellation and under these terms should the client cancel the reservation due to itinerary changes then liabilities will show as a Client Cancelation.
Typical itinerary changes could be:
- A change to departure and arrival times;
- Inability to use inflatable RIB;
- Inability to stop for swimming;
- Inability to do the cave tours with the main boat;
- Inability to use the SUP;
- Change of lunch venue or catering options.
All boat trips, cave tours and RIB experiences are totally governed by the weather and the sea conditions. We reserve the right not to operate the cave tours in the event of large swell, the final decision belonging to the skipper of the boat. Safety is always our number 1, 2 and 3 priority.
CANCELATION BY TM
TM reserve the right to cancel any bookings made. In the event of a cancellation, no liability shall fall on TM. In The event TM cancel the booking all deposits or payments in full shall be returned to the client.
TM rarely cancel but in certain instances it is unavoidable. Cancellations will generally only occur due to bad weather conditions, sea conditions, mechanical failure or illness leading to a lack of qualified crew.
CANCELATION BY THE CLIENT
Once a deposit is made the trip is secured, and as such TM can no longer accept reservations for that timeslot and yacht. Due to this, TM are unable to refund a deposit in the event of a cancellation by the client.
If the client has made payment in full and cancels, then no refund will be possible.
In the event that the client wishes to change the date or time of the charter TM will attempt to oblige but, in the event this is not possible, then no refunds will be issued, and the original reservation will hold firm.
THIRD PARTY RESERVATIONS
In some circumstances the client will have made a reservation through a third party such as a hotel, booking agency, ticket shop or online portal. In these cases TM accept no responsibility or liability for misinformation, cancelation, or communication errors.
Access to the boats is often by a steep ramp and a step across water to board the yacht. Many boats also have quite a narrow access point and then steps. Access can be a challenge for less abled persons and TM cannot accept responsibility for delay or cancellation due to access issues.
TM are fully committed to making the trips available to all ages and abilities, however. TM request plenty of notice and advance communication in regard to particular mobility issues to avoid delay, cancelation and disappointment. Boats are not ideal for the less physically able but with time and information we can provide extra crew and resources to help make it happen. Please drop us a contact mail for more information on Disabled Access.
TM want you to have the very best experience and memories. To help us in helping you attain such experience, communication is paramount, so please talk to us.
TM accept no liability for the affects of allergic reactions whilst in our office’s, boats or workspaces. The client is responsible for informing TM of any medical conditions and allergies that can affect the trip. With advance notice TM can prepare the boats with allergies in mind OR can refuse to accept the reservation if there is deemed to be a risk to health and life.
The client has the responsibility to inform us of any religious preferences relating to food or drink and any other considerations deemed to be culturally relevant.
TM will endeavour to tailor the trip to the client’s requests bearing in mind the security and the comfort of our crew and under Portuguese law.
TM only work with yachts that are fully compliant with current and local safety regulations. All yachts are inspected annually and are licenced as charter boats.
TM only employ fully qualified and experienced crew and captains. The Captains orders are final and under maritime authority they have the right to terminate any trip at anytime in instances where clients are disrespectful or in instances of anti-social or reckless behaviour.
General Terms and Conditions ("Terms")
Last updated: May, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.timelessmoments.pt website (the "Service") operated by Timeless Moments ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Timeless Moments.
Timeless Moments has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Timeless Moments shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is necessary, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
TM will not pass any debit/credit card details to third parties.
TM takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, TM cannot guarantee the security of any information that is disclosed online.
TM is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties, different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Clients are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
If you have any questions about these Terms, please contact us. firstname.lastname@example.org