1. Site Owner, the Offer and the Terms binding
This site is owned and operated by Via Activa – Animação Turística, Unipessoal, Lda Rua das Abertas Nº 24 9370-031 Calheta, NIF 511240295. These Terms set out the terms and conditions under which you may use our site and services offered by us. This website offers visitors inquiries and information about our activities and events. By accessing or using our service website, you approve that you have read, understand and agree to be bound by these Terms.
2. Who can use this site; What are the requirements for creating an account
In order to use our website and/or receive our services, you must be at least 18 years of age or the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to participate in these services. You are not permitted to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
3. Main commercial terms offered to customers
By purchasing a service, you agree that: (i) you are responsible for reading the full listing of the service before committing to purchase it: (ii) you accept a legally binding contract to purchase a service when you commit to purchase a service.
The prices we charge for our services are listed on the website. We reserve the right to change our prices for services displayed at any time and to correct pricing errors that may inadvertently occur. Additional pricing and sales tax information is available on the payment page.
The fee for the services and any other charges you may incur in connection with the use of the service, such as taxes and possible transaction fees, will be charged at the time of payment.”
4. Return and Refund Policy
The cancellation and no-show policy is based on the following assumptions:
- The cancellation of the reservation can be made up to 32 days before the activity, without penalty with regard to the refund;
- Cancellations between 31 and 15 days prior to the activity result in a 25% penalty on the amount paid;
- Cancellations made 14 days prior to the activity, have a 50% penalty;
- Regarding the no-show policy, if the client does not show up to the activity, the penalty will be 100%.
- If the client experiences delays related to his transport to Madeira Island, he should communicate this situation to Via Activa – Animação Turística, Lda. in order to avoid the penalty for no-show.
Via Activa – Animação Turística, Lda. reserves the right to cancel or reschedule the activity, due to weather conditions not advisable for a proper functioning of the required service, as well as for reasons beyond our responsibility. In cases that assume the characteristics previously mentioned, we offer a voucher for use in a possible rescheduling or, alternatively, we will return the payment made.
5. Intellectual Property, Copyrights and Logos:
The Service and all materials contained or downloaded therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto are the exclusive property of Via Activa – Animação Turística, Unipessoal, Lda Rua das Abertas Nº 24 9370-031 Calheta, NIF 511240295 Except as explicitly provided herein, nothing in these Terms shall be deemed a license in or under such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works.
6. Right to Suspend or Terminate User Account
We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole and exclusive determination, you violate any provision of these Terms or any applicable law or regulation. You may discontinue use and request cancellation of your account and/or any service at any time.
You agree to indemnify and hold harmless Via Activa – Animação Turística, Unipessoal, Lda from any demands, losses, liabilities, claims or expenses (including attorney’s fees), made against them by any third party due to, or arising out of, or in connection with the use of the site or any of the services offered on the site without prior approval.
8. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances will Via Activa – Animação Turística, Unipessoal, Lda [be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for lost profits, goodwill, data use or other intangible losses, arising out of or related to the use or inability to use the service.
To the maximum extent permitted by applicable law, Via Activa – Animação Turística, Unipessoal, Lda assumes no responsibility for any errors (i), mistakes or inaccuracies of content; (ii) personal injury or property damage of any kind resulting from your access to or use of our service; and (iii) any unauthorized access or use of our secure servers and/or any and all personal information stored on it.
9. Right to Change and Modify the Terms:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material way, you will be notified. Your continued use of the Site or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the Site or the Service.
10. Promotional Emails and Content
You agree to receive from time to time promotional messages and materials by mail, email or any other contact form that you may provide to us (including your telephone number for calls or text messages). If you do not wish to receive these promotional materials or notices – please just notify us at any time.
11. Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided herein, and any and all claims and disputes related thereto and/or to the Services, shall be governed, construed, and enforced in all respects solely and exclusively in accordance with the internal laws of Portugal without respect to its conflict of law principles. Any and all claims and disputes will be submitted to, and you consent to have them decided exclusively by a court of competent jurisdiction located in Funchal. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.