General Conditions of Sale and Purchase and the Use of Services

Generic conditions regarding access and use

This document regulates the general terms and conditions for the provision of services by the company Planície d’Evasão Lda (hereinafter referred to as PE), a commercial company with quotas with NIPC 515571792, based in Rua Ecos de Cacia, 120, Quintã do Loureiro 3800-574 Cacia, in the context of its commercial activity.

The company’s services offer is based on the point of view of its commercial image in the “Só Pra Si” brand registered at the INPI under the national brand number 636540, whose inherent and exploitation rights are the property of the company.

Without prejudice to what the parties expressly and specifically agree, it is stated that the rules inherent to the availability and provision of services by the company are those that are exclusively contained in these general conditions, which are according to contract.

The provision of services by the company to the customer implies, on the customer behalf, the acceptance, fully and without reservations, of all the provisions included in the clause of these general conditions, as well as in the privacy policy clause in force (Privacy Policy & Cookies), assuming the customer the commitment that they will be fully respected. 

The provision of services by the company to the customer implies, on the customer behalf, the acceptance, fully and without reservations, of all the provisions included in the clause of these general conditions, as well as in the privacy policy clause in force

PE reserves the right to change and update these General Conditions without prior notice, whenever this proves to be appropriate for maintaining or restoring the contractual balance between the parties, namely in cases of changes in market conditions, economic and financial conditions socially effective, in cases of greater force or emergency and / or public catastrophe, among others.

The services provided by the company are those that, firstly, are standardized on the company’s website, and secondly, those that are adjusted to the evidenced customer’s needs, so that all the information on the company’s website constitutes contractual proposals which may be subject to change in specific situations due to the negotiation between the company and the customer.

The client is also aware that any and all contractual proposals on the PE website are aimed at legal age individuals, with full contractual capacity and able to be responsible for the commitments resulting from the purchase and sale they make regarding the goods and services provided by the company.

First Article – Object

1. The purpose of the present General Conditions of Sale and Use is to define the marketing and selling conditions for the goods and services offered by PE in the scope of the pursuit of its commercial activity. 
2. These conditions regulate the necessary procedures to ensure the purchase of the available services, always assuming the Customer’s acceptance and agreement.
3. PE operates under a business model based on the provision of leisure offers, aimed at tourist demand, based on services provided mainly by third parties or entities and which promote an enormous multiplicity of services and/or goods. Based on the standard offers appearing on the company’s website, the customer creates the package of services he intends to purchase, without prejudice to the original creation of offers that are completely tailored when the customer so wishes, and the availability of offers in these cases, created and negotiated from scratch.

Second Article – Goods and Services Available

1. The information about the products and services provided by the company are present on the website www.soprasi.com, where the Customer is able to access all the characteristics of the proposed services, from their description to the respective marketing price. If the customer wants access to a tailored service, adjusted and customized to their needs it will be created, taking into account their choices and the standard characteristics of the exemplary services offered by the company.
2. The products and services provided by the company are embodied in a set of leisure-related activities, which result from the offer in force in the entire tourism and service sector, and which can be carried out anywhere in national territory, with special relevance in the Centre region.
3. The commercialization and service provision process implies the acceptance of these General Conditions of Sale and Use by the Customer, to whom is given the possibility to consult, read and decide whether or not to accept them.
4. Customer registration is free in any commercial support provided by the company, it is individual and non-transferable and can only be performed and enjoyed by such individual. Messages sent to the e-mail address in the Client’s record are intended solely and exclusively for him, unless otherwise specified, and cannot be transmitted to other individuals or entities. 
5. Despite the individual use being and non-transferable, the Customer can request the billing of services provided by PE to third parties. 
6. The Client acknowledges that all his accesses and movements within the PE website are registered and that they can be used for legal purposes, namely for the purpose of collecting information and data from the client.
7. In all communications, the customer must provide true information data, stating that he is in a legal position to contract the products and services provided.

Third Article – The purchase process

1. In order to complete the products or services purchasing process made available by PE, the Client must provide the company with the following information: tax number (if any), civil identification document, passport, address and the name that, for tax purposes, will appear on the invoice; means of payment for the purchase; telephone contacts and Customer e-mail addresses. 
2. The Client places his order for the purchase of one or more product or service through the following procedures:

1. Initiates contact with PE requesting the appropriate information regarding the products and services displayed on the company’s website and which he intends to acquire or any others that he intends to negotiate with PE within the scope of its activity, namely tailor-made services, which are moreover the main focus of PE;
2. Requests a proposal and budget from the EP that is sent by email, after the appropriate diagnosis regarding the execution of the request;
3. Accepts the proposal and budget sent by PE, confirming such acceptance in writing ensuring the readers reception and reading communication.  

3. The Client commits to carefully check the information on budget sent by PE, and must inform PE of the respective corrections to be made, if he detects any non-conformity between the services sought (their characteristics, prices, etc.) and those proposed.
4. PE will acknowledge receipt of the order (acceptance of the proposal and budget) by email sent to the email provided by the Client or by other means of communication, express or in person. Once the PE confirms the settlement of the price by the customer, the respective discharge receipt will be sent to the email provided by the customer.
5. It is advisable that the Customer prints a copy of these general conditions, as well as the email chain that documents his order and purchase for his future registration, since the contracts concluded may not be filed by PE.
6. The final order confirmation by the Customer is equivalent to full and complete acceptance of the prices, products and services made available under the terms agreed and accepted between the parties, as well as these General Terms and Conditions of Sale and Use which are attached to the presented budget.
7. The information in the invoice is of Customer responsibility. The invoice once issued cannot be reissued with alterations.
8. The Customer hereby accepts and expressly acknowledges that:

1. The photographs and information presented on the website are for illustrative purposes only, and the Client must carefully and fully read the information on the essential characteristics of the goods and services made available, being able, in case of doubt, to contact the company directly, by any means, in order to obtain additional information or details;
2. PE is committed to providing, for each product or service, the most accurate and up-to-date information possible, without prejudice to price difference arising from commercial campaigns or situations of force majeure that alter the market conditions in force when the price was stipulated and taking into account that the services are provided by third parties, who despite the commercial partnership with PE, control the time, mode, price and characteristics of such availability.

9. The Client ensures the veracity and accuracy of the provided information when registering on the website and also when formalizing documents from which the contract is based upon, being responsible for the losses it may cause to PE, arising from the provision of data and incorrect or false information. 
10. The Client always guarantees, in each hiring process, that he has all the necessary skills in terms of his physical, emotional, psychological, and neurological health condition in order to be able to intervene in the activities emerging from the services he acquires and which possesses physical conditions and skills for the proposed activities, in order to prove such he must present a medical declaration (or similar). In the event of lacking such conditions, a different activity may be proposed to prevent the lack of skills and security conditions for this purpose.————————————————————————————————————
11. The contract resulting from the order will be formalized in the language chosen by the customer among the options indicated on the PE website (Portuguese, English, French and Spanish), with all billing documents issued only in Portuguese.

Article Four – Payment

1. In the quote sent by email to the Customer, for acceptance and award, the company proposes the following payment methods: ——————————————-

1. ATM reference;
2. Bank transfer (national or international)).
3. Other: ________________________________________________

2. In the provision of products and services, the Customer will pay a lump sum corresponding to the value of the products and services ordered and purchased, adding the respective VAT value under the indicated terms.
3. For each purchase, the Customer will have to pay upon acceptance of the order:

1. 50% of the total contracted services in order to preserve the availability of the service and to confirm its subscription;
2. 50% of the total up to 30 (thirty) days before the date of execution of the contracted services;
3. when booking less than 30 (thirty) days before the date on which the services are made available, the Customer will have to pay 100% of the total purchase;

Fifth Article – Prices

1. Prices are stipulated in Euros, plus taxes and fees included, namely taking into account the VAT in force at the time of payment of the order.
2. The prices shown on the website correspond to standard examples for each type of service or basic combination of services, however, a distinctive feature of the company’s activity is the provision of “à la carte” services, which are adaptable and adjustable according to Customer’s wishes, adjusted and customized to their needs.
3. Thus, only price proposals are considered valid, referring to services or sets of services, which were negotiated between PE and the client and were budgeted by PE and accepted by the client in an express and written form.
4. Due to products and services availability model, the displayed prices on the company’s website for this purpose, www.soprasi.com, can only be guaranteed under the conditions in this contract and only after the order is properly registered and paid according to payment terms set out in these General Terms and Conditions of Sale and Use.

Sixth Article – Provision of Services

1. The subscription of services for the requested date by the Client is made immediately after confirmation of the payment made by him, confirming the acceptance of the budget sent by PE. The confirmation of the made available services and the respective reservation are considered effective after the full payment of the agreed price, which must be fully paid up to thirty days before the date of the rendered service. 
2. It is assumed that all purchased services are intended solely and exclusively for the use of the Customer, without prejudice indicating that he intends to give them to use by third parties, and this must be expressly indicated in the act of acceptance of the requested services. 

Seventh Article – Commercial Campaigns

1. PE may occasionally make promotional offers for the price of its products and services, indicating on its website the percentage discounts over the usual price.
2. PE can send a variety of information with promotions, offers and information, sent directly to the Client’s email box provided to the company when registering. This definition excludes purchase order confirmation emails, welcome to the website, and any communication arising from the sale process of any product and / or service.
3. The Client has the possibility to subscribe to PE’s commercial disclosure service at any time, being automatically registered from the moment he makes his first contact. You can choose to deactivate this service upon request for that purpose in your reserved profile area. Accordingly, the customer expressly authorizes the receipt of commercial and promotional content from the company through the communication data indicated, namely through the provided email.——————————————————-

Eighth Article – Exclusions of Services

Since PE operates several commercial activities within the scope of its work, it is expressly stated that all services provided by PE in the provision of tourist accommodation and package travel services are excluded, being only covered according to the terms of this document, the activity of PE tourism promotion, without prejudice to an express request for this purpose by the client, which will be the subject of a budget under consultation and specific contracting.————————————–

Article Nine – Cancellation and Warranty Policy

1. The Customer may cancel the purchase made within the time limit of fourteen days from the date of acceptance of the order for the purchased service by PE. In case of cancellation within this period, the refund policy depends on the booking terms of the activity package purchased, taking into account that the commercial partnership conditions depend on third parties and the term of different contracts. 

In case of cancellation outside the 14-day period, the refund policy that applies is as follows:

1. More than 30 days before arrival: The client will have to pay an agency fee of 150 €.  The client will be refunded the total amount of the stay within the limit of refundable benefits.
2. Between 30 days and 8 days: The client will have to pay an agency fee of €150. The client will be partially reimbursed up to 80% of the amount of the stay within the limit of refundable benefits.
3. Between 7 days and 2 days: The client will have to pay an agency fee of €150. The client will be partially reimbursed up to 60% of the amount of the stay within the limit of refundable benefits.
4. La veille et jour J : Aucun remboursement ne sera effectué

2. The cancellation may also occur for reasons of force majeure, natural cause or legal exception regime, with an objective justification for the effect, and the customer will also be reimbursed for the amount, without prejudice to the possibility of making a new commercial proposal  for a period of twelve months. Under the terms and for the purposes of these conditions, the following are considered, in particular, reasons of force majeure and / or natural cause: without excluding others: insolvency, closure, dissolution and disappearance from the market of the PE commercial partner in charge of executing the purchased service, or impossibility for the purpose (provided it is not attributable to PE); exceptional weather events (storms, floods, floods, cyclones, etc.); fires, loss of data relevant to the execution of the business (not attributable to the PE); epidemics and pandemics; closing and / or blocking communication routes; prolonged power and media outages; etc.
3. When the Customer wishes to cancel the purchase made within fourteen days after ordering, he / she should contact PE via email info@soprasi.com. In order to improve the service, the company may contact the Customer by mail or telephone to understand the reason for this cancellation and possibly negotiate new commercial conditions.
4. PE is liable, under the terms of the law, for any lack of conformity that exists between the product and / or service acquired and its effective execution, when it is proven that there is a significant difference in the services available compared to what was legitimate to expect, but only when such difference is uncharacteristic of the product and / or service purchased and were of the express knowledge of PE.
5. It should also be noted that the PE is oblivious to the sudden and unexpected changes promoted by its partners for which it has not been notified of and that it has no conditions and possibilities to foresee. It should also be noted that, for contractual, legal or force majeure reasons, services may be cancelled by partners without this being attributable to PE.
6. Any of the Parties may also terminate the contract for non-compliance with the established obligations in these General Conditions, when there is a justification for this non-compliance, and the resolution must be notified in an express and immediate manner from the date of knowledge of the respective grounds. 

Tenth Article – Processing of personal data

1. The Client authorizes PE to automatically process the personal data provided in the use of the www.soprasi.com website, in particular, by the use of cookies, being able to know the specific terms of the company’s privacy policy (Privacy Policy & Cookies). 
2. The processing of personal data carried out complies with the current data protection legislation, namely Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data (“General Data Protection Regulation”) and other applicable Community and national legislation.
3. It is the Client´s obligation to always provide PE data and true information, which can be updated at any time whenever there is a need to change it. Full and exclusive responsibility for the veracity and accuracy of the information provided to PE rests with the Client, to whom all losses caused by the information provided to the company will be imputable.

Article Eleventh – Responsibility

PE is not responsible for any inconvenience or damage caused to the Client by accessing and using the company’s website, namely, in the event of a service breach, outside intrusion, anomalies caused by computer viruses or any other case of force majeure.

Twelfth Article – Intellectual Property

1. All website content constitutes intellectual property of PE and cannot be copied or reproduced.
2. All texts, images, illustrations, photographs, trademarks and other elements of the www.soprasi.com website are protected by the legislation in force regarding intellectual property and copyright or by contractual authorization for this purpose. All copyrights underlying the content created by the company are marketed exclusively by the company, and cannot be disclosed and / or used outside the website and social networks owned and managed by the company.
3. Any and all links forwarding to the company’s website, as well as being forwarded from it, are formally prohibited.

Thirteenth Article – Conservation, archiving and proof of transactions

1. The filing of orders and invoices will be carried out on a reliable and long-lasting support, whatever its type, to correspond to a faithful and lasting copy of the transactions carried out, in compliance with the legal rules for the conservation of the accounting file.
2. The Parties agree that the computerized records, kept in the PE computer systems under reasonable security conditions, provide proof of the communications, orders and payments made between the parties

Fourteenth Article – Changes to the Terms and Conditions of Sale and Use

1. These General Terms and Conditions of Sale and Use, when accepted by the Client, take the form of a contract between the Client and the company.
2. PE reserves the right to waive this contract at any time, if the Client violates, threatens to violate or demonstrates that it does not intend to comply with the General Conditions of Sale and Use, and also if this is required to PE, without any right or compensatory measure or compensation.
3. The General Terms and Conditions of Sale and Use may be changed at any time, provided that PE considers it convenient and appropriate to its commercial strategy, without depending on communication and / or authorization by the Client, in accordance with the general recitals of this document. 

Fifteenth Article – Applicable law and competent jurisdiction

1. The applicable law to any contractual relationship established through the PE website is the Portuguese law. 
2. In the event of a dispute arising from the interpretation, application and or termination of any Contract entered under these General Terms and Conditions of Sale and Use, as well as for any actions intended to demand compliance, its amendment, its total or partial annulment and, or, its cessation, or for any other actions founded on it, the Parties elect, by common agreement and because this pact is in their interest, as the competent court, the District Court of Aveiro, with express waiver of any others that by law were, by reason of the territory, competent.