General Terms and Conditions

Version 01.04.2022

These general terms and conditions of sale regulate the use of the Portugal Experiment online mediation platform, accessible through the URL http://www.portugalexperiment.com.

1. About Us
Portugal Experiment operates the PE platform and is responsible for it accordingly. Our platform is available worldwide, and its use is fast and simple.

We operate the PE platform as an online mediation platform for guided tours and tourist activities (collectively "the activity" or "the activities") provided by numerous local suppliers worldwide ("suppliers"). We act as the commercial representative of the supplier. The descriptions and images of the activities are provided by the respective suppliers. Therefore, we have no influence over the scope of such content.

2. Application

2.1 These terms apply to all visitors of the PE platform with all the content within the offered operating systems (currently iOS, Android) ("users"). Once you use the PE platform, you are required to comply with these requirements. Therefore, please read them carefully before using the platform for the first time.

2.2 These terms of use are exclusively intended for consumers within the meaning of § 13 of the Civil Code. They can be accessed via the internet and apply to all our services unless more specific regulations apply. If this occurs, it will be clearly indicated at the respective location. Any terms of use that contradict or differ from these terms of use are not valid unless expressly authorized by us in writing.

2.3 The use of the PE platform is intended solely for personal use, and under no circumstances can it be used to carry out or attempt to carry out commercial transactions of any kind. This means that any use beyond personal use by the user, within their private sphere, intended for commercial purposes of the user, associated persons, and/or other third parties, including but not limited to ticket resales, is strictly prohibited.

3. What We Do

3.1 You can anonymously view activities on the PE platform. Activities include guided tours, cooking classes, bus tours, boat trips, tickets for tourist attractions, and other services. The contract for the provision of the activity is concluded directly and exclusively between the user and the supplier ("service contract"). For suppliers, contracts are concluded by us in their name and on their behalf. We act as the suppliers' commercial representative and have been authorized by them to conduct business transactions between suppliers and users, such as yourself, and to receive payments from users. We do not offer any activities ourselves and, therefore, are not a contractual partner to users in service contracts. We do not act as organizers, lessors, sellers, or other contractual partners concerning the service contract concluded with you.

3.2 The list of activities can be filtered according to different parameters. The discovery assistant presents activities that match your criteria and are offered by a specific supplier. If an excursion matching the criteria entered in the discovery assistant is available from more than one supplier, the supplier selection is based on the following factors: popularity, diversity, availability, cancellation rate, rating, performance over time, and revenue generated.

We reserve the right to change how we present activities in the future, use different types of activity presentations by city or other criteria, and allow the user to choose between different types of activity presentations.

3.3 For quick and simple processing, users may direct questions regarding their reservation to the Portugal Experiment customer support service. You may contact us via email at contato@portugalexperiment.com. A direct support line is available via WhatsApp. As a commercial representative, we support suppliers in processing. Typically, we respond within 24 hours, at the latest within 48 hours. In emergencies, communication between users and suppliers can be conducted directly. The contact details of the respective supplier are indicated on your voucher.

3.4 We reserve the right to associate the use of the PE platform or specific functions of the PE platform, or the scope of the ability to use specific functions, with certain requirements, such as customer payment behavior (based on previous bookings) or subject them to the presentation of certain proof (e.g., identity, purchase, or payment). In case of suspected fraud, violations of these PE terms, or breaches of obligations arising from the service contract that PE is aware of, we reserve the right to restrict users' booking activities.

3.5 We are not obligated to improve, expand (updates/upgrades), or make accessible the content, functions, and services provided through the PE platform. We may discontinue our services at any time. There is no entitlement to claims. However, if you have already concluded a service contract with a service provider, section 5.3 of the service contracts applies.

4. Registration and PE Account

4.1 Registration is not absolutely necessary. However, to use all functionalities, especially the "Wishlist," you must register on the platform.

4.2 To create a PE account, you must provide your authentic name and email address and set a password on the PE platform. This data must be kept confidential to prevent third-party access to your account. By clicking the "Sign Up" button, you accept these PE terms. After clicking the "Confirm Email Address" button, you will receive a welcome email from PORTUGAL EXPERIMENT, and the PE account will be created.

4.3 Only one account per user is allowed, and it cannot be transferred to third parties.

5. Contract Conclusion with Portugal Experiment - Usage Agreement

5.1 The object of the contract with us, as a contractual partner, is the free use of the PE platform ("usage agreement").

5.2 The PE platform usage agreement is concluded indefinitely and may be terminated by you at any time. The blocking, termination, or deletion of the customer account is possible via the Portugal Experiment customer support service, via WhatsApp, or by email. The contact details can be found at the top of the site under Contact | Portugal Experiment.

5.3 Portugal Experiment may unilaterally terminate the PE account usage agreement at any time with a one-week notice. However, termination is only valid once the already concluded service contracts have been completed. The right to extraordinary termination is not affected.

6. Liability and Disclaimers

6.1 Portugal Experiment does not assume any liability for the execution of activities booked through the PE platform. The responsibility for the correct execution lies solely with the supplier.

6.2 Portugal Experiment shall not be liable for damages resulting from improper use of the platform or non-compliance with these terms.

6.3 In cases of force majeure or unforeseeable events beyond our control, we are exempt from liability.

6.4 Users are responsible for ensuring that their use of the PE platform complies with all applicable laws and regulations.

6.5 The contract between the user and the respective supplier is not established in a separate text. The content of the contract results from the ordered product (i.e., the description of the activity chosen by the user), these general terms and conditions, and, if available, those of the supplier.

6.6 The user must immediately verify whether all the details provided in the order confirmation are correct.

6.7 ATTENTION: In the case of contracts for tourism services concluded remotely—such as service contracts with suppliers that the user has booked through us—there is NO right of withdrawal according to § 312g, para. 2 p. 1 no. 9 of the Civil Code. The user only has the legal rights of cancellation and termination. Additionally, they may have contractual rights of cancellation as described in section 11.

7.Supplier Prices

7.1 All stated prices include all applicable taxes. However, local taxes at the destination (e.g., municipal taxes) may be charged, over which we have no influence.

7.2 The reservation prices set by suppliers may be subject to special conditions, e.g., regarding cancellations and refunds of payments made. The user should verify, before booking, whether the respective supplier imposes specific conditions.

7.3 We receive a commission from the supplier for the mediation of the service contract.

8. Customer Support / Best Price Guarantee by Portugal Experiment

8.1 Our customer service can be contacted via email at contato@portugalexperiment.com or through WhatsApp enabled on the website.

8.2 If, after booking an activity through the PE platform, the user finds (i) an offer from the same supplier, with (ii) the same conditions (date, city, number of people) and (iii) the same services at (iv) a lower price available for online booking and sends us proof, we will refund the difference between the booking made through PE and the lower price found by the user on the internet.

8.3 To claim this best price guarantee, the user must provide us, upon request, with the link (and/or screenshot of the alternative offer). After verifying that the price is indeed lower, we will pay the difference via a voucher.

8.4 All special offers and discount campaigns are marked as such.

9. Payments to Portugal Experiment

9.1 The price stated on the PE platform ("Reservation Price") applies to the supplier's services. Unless otherwise agreed, the reservation price for the supplier's services must be paid immediately by the user at the time of booking. For selected activities, a later payment option may be available. This option is only possible with a credit card that is valid until at least the date of the selected activity. In this case, upon completing the booking, a charge of 0 Euros will be displayed. The reservation price will be charged 72 hours before the start of the activity. If the credit card charge fails, the user will be notified and will have 47 hours to make the payment manually. If this does not happen and the user does not make any payment, the booked activity will be immediately canceled.

9.2 Portugal Experiment has the right to receive the invoiced amounts on behalf of and for the account of the supplier (as its commercial representative), unless expressly stated otherwise on the supplier's invoice. With a successful payment to Portugal Experiment, the user is considered to have fulfilled their payment obligations to the suppliers with a releasing effect. If the user must make payments in a currency other than their country's currency (foreign currency credit), Portugal Experiment (as a commercial representative) may require payment in the user's country currency and convert the foreign currency at the exchange rate in effect at the time of contract conclusion. For highly volatile currencies, we may charge a specific conversion fee.

9.3 The user's point of contact regarding a service contract and its fulfillment is us, as the supplier's commercial representative. If the user wishes to request a refund of the reservation price outside our cancellation policy, for example, because they believe they are entitled to it due to timely cancellation, they must contact the respective supplier through us. A refund granted by the supplier may be processed by us.

9.4 The payment information provided by the user must be true and updated immediately in case of changes. We have the right to reject a payment method indicated by the user. The permitted payment methods for the respective service are indicated during the ordering process. Please note the applicable sales conditions of the payment service provider. Your payment service provider may charge additional fees. The user is obliged to confirm to PE that they are authorized to use any payment method employed.

9.5 By authorizing the payment, the user consents to their payment information being used to collect payment from the supplier. We reserve the right to use the payment function or individual payment methods on the PE platform based on a necessary creditworthiness check.

10. Activity Execution - Service Contract

10.1 The user must arrive on time at the meeting point indicated by the supplier. In this regard, they should also consider the supplier's information. In the case of travel from abroad to perform the activity, the user is responsible for the necessary travel documents (passport, visa, etc.) and compliance with health regulations, etc.

10.2 The reservation price for services does not include any insurance. The user is responsible for obtaining sufficient insurance coverage. The need for insurance depends on the reserved activity.

10.3 The supplier's time zone is decisive for price and deadline calculations.

11. Cancellations

11.1 Service contracts can be canceled by the user only according to the cancellation conditions.

11.2 To avoid misunderstandings, changes and cancellations must be made through the PE platform unless otherwise agreed. Cancellation can be done via email: contato@portugalexperiment.com. Changes or cancellations must be made in a timely manner. Therefore, it is important that the user carefully reads all conditions, especially the PE supplier's conditions. The timely sending of the communication to Portugal Experiment is decisive for an early cancellation. If these requirements are met, we will issue a cancellation confirmation on behalf of the supplier. This confirmation also serves as proof of cancellation and must be retained.

11.3 Short-term changes may be communicated to the user on behalf of the supplier, either by phone or email.

11.4 Except where different cancellation conditions apply in the activity description, on the PE platform, or on the voucher, the following apply:

11.4.1 More than 24 hours before the activity start: full refund of the reservation price

11.4.2 24 hours or less before the activity start or in case of no-show: no refund of the reservation price

11.5 The user always has the option to prove to the supplier that no damage occurred or that the damage was significantly lower than the cancellation fees the provider may have demanded.

12. Other Supplier Rights - Service Contract

12.1 The supplier may cancel the activity without notice if its execution is rendered impossible, hindered, or put at risk due to weather conditions, official measures, strikes, and other unforeseen constraints beyond the supplier's control, or due to external circumstances that can only be avoided with disproportionate effort and are beyond their influence (namely, force majeure events). In this case, the amount paid for the reservation of the canceled activity will be refunded.

12.2 The supplier may prohibit the user from participating in an activity or exclude them from such activity if the user does not meet the participation requirements specified on the PE platform, if they put themselves or others at risk through their participation, or if they disrupt the execution of the activity. In this case, the amount paid for the reservation of the canceled activity will not be refunded.

12.3 The supplier may make minor changes to the program at any time if deemed necessary due to arising circumstances. These minor changes include the modification of the tour’s starting/meeting point, provided that the new meeting point is within a 15-minute walking or public transportation distance from the originally agreed-upon meeting point. Changes to the starting/meeting point are possible up to 24 hours before the beginning of the booked activity and will be communicated to the user via email or displayed on the PE platform.

13. User Reviews and Content

13.1 We offer users the opportunity to view reviews from other users or content and images related to the activity on the PE platform. These reflect only the personal opinion of the respective user at a specific moment, based on their own ideas and expectations. It should also be noted that the offered activity may have changed since the publication of the content or review. The number of reviews issued should also be considered, as a single opinion is often less significant than a summary of a large number of reviews.

13.2 Users have the opportunity to personally influence the content of the PE platform by writing reviews of activities they have paid for or by uploading photographs ("user content"). Users are fully responsible for the content they publish. It is strictly prohibited to publish user content on the PE platform that is false or misleading, such as fake and/or irrelevant reviews of activities or other local conditions/events that may influence the decision of other users, open or hidden advertising of products, services, or companies; in particular, posting reviews in exchange for compensation or reviewing activities from suppliers for whom the user works, or that contain links or similar references that may harm the operation of third-party data processing systems.

13.3 Additionally, before uploading user content, users must ensure that they hold the usage rights to the images. Only images or photographs of the user with other people who have consented to their publication may be uploaded to the PE platform. If a user wishes to use images obtained by others, they must also obtain their consent.

13.4 The public disclosure of user content must not violate legal regulations, reputations, and/or the rights of third parties. In this regard, the user is not allowed to upload and/or make publicly accessible any user content that includes depictions of violence, pornographic, discriminatory, offensive, racist, defamatory, or other illegal content and representations.

13.5 We do not claim ownership of user content in any way or in any context.

13.6 We may use user content in various ways. This includes, but is not limited to, displaying it on the PE platform, reformatting, editing for clarity or grammatical corrections, and including it in or alongside advertisements or other works.

13.7 At our discretion and as necessary, we may remove or republish user content. For example, Portugal Experiment may remove user content if it violates the obligations outlined in section 14.2. We are not required to maintain copies of user content or make such copies available.

13.8 Portugal Experiment and our (business) partners may display advertisements and other information alongside user content, both on the PE platform and on other media. Users are not entitled to compensation for such advertisements. We reserve the right to modify the type and scope of such advertising measures without informing the user.

14. Data Protection

Users' personal data is always processed in accordance with legal regulations.

15. Compensation for Damages

15.1 The user is obliged to fully indemnify us for all damages, costs, and expenses (including reasonable legal defense costs) incurred as a result of the following breaches of obligations:

15.1.1 Misrepresentation, act, or culpable omission associated with the use of the PE platform;

15.1.2 Culpable breach of these terms of use by the user; or

15.1.3 Third-party claims arising from or related to the user's culpable access to or use of the PE platform in violation of these terms.

15.2 Damages under section 15.1 also include compensations we are liable for towards our enforcement agents and assistants due to the occurrence of any of the events described in sections 15.1.1 to 15.1.3.

15.3 The above obligations only apply if the user is responsible for the relevant infringement, i.e., if they act intentionally or negligently.

16. Liability

16.1 Except as described in section 16.2, our liability to the user arising from or related to the fulfillment of our contractual obligations is limited to foreseeable damages typically resulting from a negligent breach of a material contractual obligation in this contractual relationship. A "material contractual obligation" is an obligation essential for the proper execution of these general terms of sale, whose violation jeopardizes the purpose and fulfillment of these general terms, and which the user can regularly rely upon. A loss or damage is considered typically foreseeable if it was typically foreseeable at the time of recognition by Portugal Experiment. We exclude our liability and that of our enforcement agents for damages caused by a negligent breach of a non-essential contractual obligation.

16.2 Nothing in these terms excludes or limits our liability or that of our direct or indirect agents for gross negligence, intentional misconduct, death, personal injury, or fraud. Likewise, any other mandatory consumer rights remain unaffected.

16.3 The above liability limitations do not apply if we fraudulently conceal a fact about a standard feature of the PE platform or assume the guarantee of a specific functionality. The same applies to any claims made by the user under product liability law.

16.4 We assume no liability for cases of force majeure, such as but not limited to: failure of electronic or mechanical devices or communication means, third-party actions (including denial-of-service attacks or excessive or improper use of the PE platform), issues related to telephone or other connections, computer viruses, unauthorized access, theft, operational errors, fire, bad weather including floods, regulatory measures, and other actions by supervisory, governmental, or supranational authorities, war, riots, or labor disputes.

17. Assignment

Except for certain claims for compensation, the user has no right to transfer, assign, or trade their rights and/or obligations under these terms.

18. Severability Clause

If any provision of Portugal Experiment is or becomes ineffective, in whole or in part, this does not affect the effectiveness of the remaining provisions. Ineffective or omitted provisions shall be replaced by legislation. If no applicable legislation exists or results in an unreasonable outcome, the contractual parties shall agree on an effective provision as close as possible to the omitted or ineffective one.

19. Final Provisions

19.1 These terms of use may be modified or adapted to reflect changes in legislation, acquisition conditions, or regulatory gaps. Users will be informed in a timely manner. If they object, we or the users may terminate the contract immediately.

19.2 All communications between Portugal Experiment and users require written or text form (e.g., email).

19.3 German law applies to consumers, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer regulations in their country of residence are more favorable.