LIFEXTREME OUTDOOR TRAVEL COMPANY
GENERAL CONDITIONS

1. FOREWORDS

1.1. We believe transparency is paramount to clarify our, and your, responsibilities. We do, however, try to let common sense prevail (in your favour) as we believe this is the basis for all interactions, regardless of legal reasons.

1.2. We suggest you to carefully read these general conditions of contract, which constitute the terms and conditions by which we offers services related to travel, stays and sports activities.

1.3. Participation in Lifextreme travels and activities is subject to compliance with these rules and conditions, as well as those stated in our offers, in the explanatory documentation provided to you before departure and in the technical notes presented on the website or on the program sent to you during the booking process.

1.4. Our services abroad often lead to areas where the local services are not always comparable to European standards and/or where efficiency and punctuality are not always perfect. You may therefore at times need to exercise patience and a minimum of flexibility and collaboration.

1.5. Lifextreme’s offers and estimates are not contractual offers, and are subject to reconfirmation of the price and services included in the specific offer, depending on availability at the time of your confirmation.

2. LEGISLATIVE SOURCES AND PLACE OF JURISDICTION

2.1 The sale of tour packages involving services provided on a national and international level is regulated by Decree-Law no. 17/2018 of 2018-03-08 issued by the Portuguese Republic and by the International Convention on Travel Contracts (CCV), signed in Brussels on 23.4.1970.

2.2 This Contract is governed by the laws of the Portuguese Republic and any disputes related to or derived from this contract or its execution, shall be exclusively settled by the Portuguese authorities identified by the Portuguese Tourism Institute.

2.3 – All information provided by you is treated in accordance with privacy regulations and will not be shared with third parties, except for reasons related to the carrying out of procedures for the arranged travel or activity. European Community norms on travel matters are recognised in principle, where not in contrast with the local regulations of the countries where the services are provided.

3. BOOKING AND ENROLLING

3.1. The booking and enrolling procedures for our trips and activities, whether directly through us or through another travel agency, follow the steps below:

• 1. Email or telephone confirmation by you of your participation in the trip or activity. You will receive our contract (contract of sale proposal of tourism package/service), which needs to be signed, scanned and sent back together with the attached invoice containing our bank data for payment of either a deposit or the balance (depending on your date of departure).
• 2. Once we received the contract signed by you, as well the receipt for your deposit or balance payment, we will confirm the services within 5 calendar days and send you back the contract (communication of confirmation of tourism package/service) signed by us.
• 3. If there are any changes to the services and, as a consequence, to the costs of participation, we will inform you as soon as possible. You will be free to decide whether or not to participate in the trip or activity, and should you decide not to, we will fully reimburse your deposit or balance.

Your booking is valid only after we receive a deposit and/or the balance as well as the signed contract.

3.2. By confirming, you agree to send all required documentation (e.g. copies of passports or insurance contracts, or other documents which must be those that will be used during the trip, in the terms described by Verticalife) in accordance with the terms indicated in the travel offer or received via email. You also agree, on arrival or when necessary, to temporarily consign your passport or original documents, as well as any sums of cash, for the carrying out of services.

4. CURRENCY, QUOTAS AND PRICES

4.1. Each Lifextreme offer, service or tourism package is calculated according to the exchange rates and costs of services at the time the offer is drawn up. Quotas published in the online catalogue or single offers may be modified at any time in accordance with fluctuations in the exchange rates, changes in the costs of suppliers, transport companies or tourist services, or with similar services or adjustments that could cause changes in the program and quotas.

4.2. We will not pay any supplier to freeze their prices before receiving your first payment, in accordance with the terms described in our invoice. We cannot confirm any booking until we receive your first payment.

4.3. If, after we have confirmed a travel proposal, there are fluctuations in the exchange rate in excess of 3% of the indicated quota per person, these will be charged to you. You will be duly informed within 20 days before the date of beginning of the services. Increases in quotas after this deadline are excluded. This does not apply to increases in quotas due to rights, taxes, airline fares, visas, government permits, or mistakes in calculation.

4.4. There may be variations in prices between the date of our offer and the date of our invoice, and between the date of our invoice and the date of effective payments to suppliers of services. This is due to changes in prices by suppliers before they are paid for the trip or activity, to any modifications you agreed to and to changes in the currency exchange rates at the time we receive each payment. If participation quotas increase by more than 8% after confirmation of an offer by Lifextreme, you have the right to recede from the contract with no penalty within five days after receiving notification.

5. PAYMENTS

5.1. Unless agreed otherwise in writing, including by email, your payments for enrolment, deposit and balance must be made by bank transfer as indicated in the invoice sent to you, or, if agreed, by cash payment on arrival. In-situ payments for visas or permits must be in cash and in the indicated currency.

5.2. The payment deadlines indicated in our invoices are an essential part of the contract. If you fail  to meet the agreed deadlines, we reserve the right to change prices or even to terminate the contract you have signed.

5.3. By making a payment, you are effectively signing up for the trip and automatically confirming that you have read and accepted the general conditions of the travel contract, an integral part of the current confirmation-invoice, and agree to send us a copy (doc/pdf/jpg) of the bank transfer for each payment.
It is your responsibility, as confirming client, to ensure that you make the payments by the above deadlines.

5.4. The deposit is 30% of the invoice total and must be paid at sight within two working days of the invoice issue date, unless agreed otherwise in written contract.

5.5. In accordance with the instruction on the invoice, the balance must be paid by the deadlines indicated or within 45 days before the beginning of our services. This does not apply to agreed payments to be made on arrival in situ. Full, immediate payment is required for trips starting fewer than 45 days after confirmation.

5.6. You are responsible for any charges by your bank or an intermediary. Only payments credited to our bank accounts as described in our invoice can be recognised. Any outstanding sums of money must be settled with the balance, or paid in cash on arrival or at beginning of the trip or activity.

5.7. Lifextreme reserves the right to cancel without notice any service, even if underway, which you have not fully paid for by the deadlines described in the invoice or agreed on with Lifextreme. In this case, you lose all rights to any reimbursement of sums already paid.

5.8. If we do not hear from you within 20 days from our last email or other written communication to you, your request may be cancelled or our services terminated.

5.9. Lifextreme guarantees the services, including starting procedures on your behalf for visas or permits, only after we have received your deposit and the necessary documents and copies.

5.10. Our accompanying staff is not authorised to ask you for, receive from you or reimburse you any payments without express written authorisation, including via text messages and email, from Lifextreme.

6. WITHDRAWAL AND REIMBURSEMENTS

6.1. You may transfer your booking to another person only on the conditions set by Lifextreme, provided there are no other reasons or logistical problems for Lifextreme. If a transfer is possible, you are liable for any additional costs for changes, government permits or visas issued in your name, as well as any penalties to third-party suppliers (e.g. accommodation, transport). The transferee is responsible for paying the outstanding sums or other supplements. Verticalife will confirm the transfer and these sums in writing. Whilst Verticalife will try to find the best solution for you, it is under no obligation to accept a requested transfer.

6.2. While you may decide to forgo services at any time before they begin, you must email us confirmation of this decision.

6.3. The following are excluded from reimbursement: all services subject to penalties by third party suppliers (accommodation, transport, guide, etc ), permits and visas requested/reserved by Lifextreme on the client’s behalf, the quota for any single supplements which another participant has to pay as a result of the loss of double occupancy, and the non-refundable sum, unless the trip is cancelled by Lifextreme. We advise you to purchase an insurance policy that includes cover for cancellation of the trip.

6.4. If you cancel your participation in a trip or activity after confirming and paying, the following penalties to your participation quota will be applied:

• Up to 45 days before departure – 30% penalty
• From 44 to 30 days before departure – 45% penalty
• From 29 to 15 days before departure – 60% penalty
• From 14 to 6 days before departure – 75% penalty
• In the 5 days before departure before departure : 100% penalty

As mentioned in paragraph 6.3 all services subject to penalties by third party suppliers will not be refunded.

7. CANCELLATION BY VERTICALIFE

7.1. Lifextreme reserves the right to cancel any trip or activities, having duly informed you, as a result of events outside our control, including cancellation of flights or other means of transport, strikes, natural disasters, war, civil unrest, coups, or force majeure. Lifextreme is obliged only to reimburse the sums you have paid.

7.2. In the above case, Lifextreme will promptly inform you and reimburse any sums you have already paid, or offer an alternative, which you are not obliged to accept. Other rights cannot be exercised. The conditions for exclusion from reimbursement or from cancellation of the trip are also applied.

7.3. If the minimum number of participants for group events is not reached by the deadline (as indicated on the web page of every trip or activity), Lifextreme offers two solutions: 1) if you decide to forgo the trip, we will fully reimburse your deposit without penalty; or 2) if you still wish to continue the trip or activity, we will recalculate your quota according to the final number of participants, and then inform you of the updated figure. If, at this point, you choose to cancel your participation because the price has changed excessively, your deposit will be reimbursed without penalty.
In this case, we must receive notice of your cancellation no later than 2 calendar days after you have received our email with the final number of participants and recalculated quota. Your notification is essential, as if there are fewer enrolments, other participants may also see their quota vary and act accordingly.

8. RESPONSIBILITY

8.1. Lifextreme is responsible for the correct scheduling and description of the offer and the carrying out of the services, as well as for the choice and quality of the suppliers. To ensure your trip or activity is enjoyable and goes smoothly, Lifextreme is at your disposal to solve any problems that may arise during the itinerary and guarantees 24-hour telephone assistance. Contact numbers will be given to you before or on your arrival in situ.

8.2. For trips abroad, the accommodation categories indicated are in accordance with local regulations. These categories are often modest and do not reflect international standards since they are in relatively undeveloped regions touristically. The choice of accommodation structures is the exclusive competence of Lifextreme. You may request different structures, but Lifextreme is not obliged to agree to them.

8.3. Overbooked overnight stays may cause variations in the scheduled services and, where possible, will be substituted with others of the same level or better.

8.4. You need to have at least a basic level of fitness to be able to safely enjoy yourself on our trips and activities, and you take part at your own risk. However, we recommend that you inform us, when booking, if you have a health problem which could physically put you at risk.

8.5. The transport contract of the airline is the sole regulator of relations between yourself and the airline. We decline all responsibility in this regard, even when the flight is booked through us.

8.6. The following services are not included in our offers: insurance policies, required entry visas where not indicated, additional charges for excess baggage, tips, meals and drinks not specifically indicated in our offers, visits and excursions outside the described itinerary, personal expenses (e.g. laundry or dry cleaning services), telephone or telecommunication charges, and the proposed optional activities (depending on availability).

8.7. When Lifextreme indicates the duration of transfers, flights, walks etc., these are estimated travelling times only and do not take into account breaks or delays for whatever reason.

8.8. Lifextreme is not responsible for the failure to provide single services caused by conditions which it could not reasonably foresee or solve, such as the inability to visit a location which is closed or undergoing renovation, indicated holidays which have been moved to another date, strikes, bad weather, natural disasters, civil or military unrest, uprisings, terrorism, coups, catastrophes, delays or cancellation of transport or flights, roadworks, denial of issue of booked airline tickets or denial of boarding by airlines or transport companies, or other similar occurrences which are not attributable to Lifextreme. Services that cannot be carried out for any such reasons will not be substituted or reimbursed.

8.9. Lifextreme is not responsible for the theft of, or damage to, baggage or any type of equipment. Transporting such items is often difficult: a porter may fall, or landslides or accidents may cause damage, for which we decline all responsibility. We recommend you insure your baggage against such and similar events.

8.10. Issuing the visas or government permits which Lifextreme requests for you or for our staff is the exclusive competence of the relevant authorities (embassies, ministries, governmental bodies). These may deny access to specific areas or prevent the continuation of the trip or services.

8.11. Any additional costs, deriving from the above-mentioned or similar causes, related to overnight stays, meals, porterage, or additional transport are to be paid by the participants, also to the supplier of the services at that time, as operating costs for the reorganization of services. There will be no reimbursement for, or substitution of, services not provided. We recommend you keep enough cash on hand for any such costs due to additional overnight stays, meals, transport etc. which are not included in our offer.

8.12. You must have a valid passport for all the countries included in the itinerary, as well as the stay or transit visas and health certificates that may be required, except for those that  Lifextreme requests on your behalf. You must also observe the rules of normal caution and diligence, the specific laws in force in the destination countries, administrative rules and regulations, and all the information given to you by Lifextreme, or you will be held to account for any damages which may be claimed against Lifextreme with regard to the above.

8.13. Participation in Lifextreme’s services is your personal responsibility. You declare at your own risk and under your own responsibility that you are aware of the implicit risks of the sports activities and that you are sufficiently fit and able to undertake the nature and relative risks of the trip or outdoor activities.

8.14. Lifextreme cannot verify that you are fit and able before the included services begin, whether these concern leisure or culture, mountaineering, or outdoor sports activities in general or at high altitudes. We therefore reserve the right, even for psychological reasons, not to allow you to continue the trip or activity, on your arrival or during the trip or activity, if your unsuitability is manifest or if you represent a risk for the other participants or the carrying out of the trip or activity. If you confirm participation on behalf of another person, you are responsible for checking that they are (as yourself) fit and able for all the included activities, and you recognise that Lifextreme has no responsibility for any danger or risk resulting from their participation.

8.15. Issuing the visas or government permits which Lifextreme requests for you or for our staff is the exclusive competence of the relevant authorities (embassies, ministries, governmental bodies) and Lifextreme declines all responsibility in this regard.

8.16. Any consequent penalties or charges are to be paid by you. If local authorities deny access to areas or do not allow the trip or activities to continue, Lifextreme has no responsibilities with regard to the continuation of the trip or services.

9. INSURANCE

9.1. Lifextreme strongly recommends that you take out an insurance policy covering medical expenses, repatriation, cancellation of the trip before or during the trip (e.g. due to the non-issue of in-situ permits), cancellation of flights (including domestic), theft , damage or loss of baggage and, if the activity includes excursions with trekking, mountaineering, rafting, paragliding, mountain biking or other outdoor activities, emergency missing-person search and helicopter evacuation or rescue. Lifextreme is under no obligation to judge the suitability of your policy clauses, having no competence in the matter.

You are not insured by Lifextreme and participate in the trips or activities under your own responsibility.

9.2. We usually recommend World Nomads, which has special policies for adventure trips and those based on sports activities.

9.3. If available, a copy of your original insurance contract must be sent to Lifextreme within 14 days before the beginning of services. If you are not covered by insurance, you are responsible for yourself during the trip or service offered by Lifextreme. Lifextreme is not obliged to check whether you are insured or not.

10. MODIFICATIONS

10.1. On principle, Lifextreme reserves the right to accept or decline any changes. You accept that Lifextreme may substitute accommodation and/or places of stay with other ones of similar level, as well as to make other changes which may arise for operating reasons. If you cancel in-situ services or make any changes which have not been accepted and confirmed by Verticalife, we decline all responsibility with regard to reimbursement to you for any consequent expenses or risks.

10.2. Any special requests, such as rooms for smokers/non-smokers, communicating or adjacent rooms, special food diets, early check-in or late check-out, must be made when booking and a supplement must be paid. Although we will do our best, we cannot guarantee that your requests will be met.

10.3. You cannot be charged for expenses deriving from changes in program or services due to mistakes in the offers after confirmation by Lifextreme or which are the fault of Lifextreme.

10.4. Requests for changes to our offers before final confirmation by you are possibile. As well as involving cost adjustments, continuous requests for changes are also subject to a €20 additional charge per change/person for operating costs.

10.5. Additional services in situ deriving from events outside Lifextreme’s control (e.g. cancellation or delay of flights, refusal to proceed, denial of issue of permits or visas, landslides, natural disasters, strikes etc.) are your responsibility and must be paid for directly in situ or on request by Lifextreme.

10.6. If you request changes after confirmation, and these requests can be met, they are subject to an adjustment of costs and an additional charge of €20 per modification/person. During the trip or activity, if you request changes that can be met by Lifextreme, you must pay for them. There is no reimbursement for services which you have not used or which are not the responsibility of Lifextreme.

10.7. Changes during the trip or activity due to force majeure, such as interruption of air or land transfers, even without notice, or other events outside Lifextreme’s control may result in the use of alternative transport, accommodation or services, if these are necessary for the continuation of the trip or  activity. We recommend you have sufficient cash for such circumstances and that you keep every invoice or receipt for any claims to your insurance company.

11. PROBLEMS, CLAIMS AND COMPLAINTS

11.1. For small problems during the trip or activity, e.g. a faulty toilet or broken lightbulb, please use common sense and see the hotel staff or reception first for a solution. Ask Verticalife for assistance only if a satisfactory solution is not found in a reasonable amount time.

11.2. You must notify Verticalife without delay of any shortcoming in the carrying out of the contract by telephoning our 24-hour assistance phone numbers, so that we can promptly solve the matter ourselves or through our local representative or accompanying staff.

11.3. You must also send any complaint by recorded delivery or by email with confirmation request directly to Verticalife or through the travel agency where the trip was booked, no later than ten working days from the end of the trip or services, or you forfeit any rights.

12. AUTHORITY

12.1. You must contact only the telephone assistance or our offices to request any changes to the program or services. Lifextreme declines all responsibility for any consequences deriving from changes in the services or itinerary made without our written approval (also via text message or email). Our hired staff or service providers are not authorised to offer or accept requests for changes to services, visits or the itinerary on Lifextreme’s behalf.

12.2. Unless you have stated otherwise in writing, you accept that any photograph, video or written material including you which is made by you or our staff and is shared with Lifextreme, may be used on our website, magazines or other media.

12.3. Additional clauses or changes to the current “general conditions of contract” are not valid unless confirmed in writing or email by Lifextreme.

13. PLACE FOR JURISDICTION

13.1 This contract is regulated by Portuguese law  – DL 144/2015- 8/9 and for any dispute that cannot be resolved amicably, For any disputes, the Alternative Consumer Dispute Resolution Entities, will be competent:

1. i) Customer Ombudsman for Travel and Tourism Agencies atprovedorapavt.com;
2. ii) Portuguese Tourism Arbitration Commission atturismodeportugal.pt;

13.2  Insolvency

In case of insolvency of the travel agency, the traveler may resort to the Travel and Tourism Guarantee Fund, by contacting Turismo de Portugal I.P:

Turismo de Portugal, I.P.

Rua Ivone Silva, Lote 6, 1050-124 Lisboa
Tel. 211 140 200 | Fax. 211 140 830
info@turismodeportugal.pt