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Top Atlântico DMC - Viagens e Turismo,SA is a Destination Management Company duly incorporated and existing under the laws of Portugal, with registration number 2992 and licence RNAUT 3380 and having its office address at : Rua Açoreano Oriental 16, 9500-013 Ponta Delgada, Portugal,hereinafter referred to as “the DMC” on one part,
and
The Client shall refer to any legal person(s), be it travel agencies, event agencies or any other company acing in their own or on behalf of their clients or principals.
The following Terms and Conditions form the basis of the Client’s relationship with the DMC.
NOW THEREFORE, unless alternative agreements have been made in writing by the two parties in consideration of the foregoing, the Client agrees as follows:
1.Engagement of the DMC:
1.1. The Client engages the DMC to provide the Services
1.2. For the provision of the Services, the DMC reserves the right to charge a booking fee and/or a management fee services booked on the final invoice.
1.3. The DMC reserves the right to charge accordingly for modifications to any booking.
2.The Platform
2.1. The Platform is an online reservation system, provided by the DMC on the website www.topatlanticodmc.com.
2.2. The Client shall use the Platform whenever desires to assign the DMC as the destination management company to book and operate any services.
2.3. Through the Platform, The Client can review and reserve products and services of the Suppliers:
2.4.Access to the Platform is strictly controlled by the DMC and the DMC reserves the right to change, modify, substitute or suspend or remove without notice any information or service from.
3.Payment & Deposits.
3.1. The Client must settle the Invoices according to the Payment Schedule presented on the Platform in the section of Supplier.
3.2. Failure by the Client to adhere to the Payment Schedule will automatically give the right to the DMC to cancel services at the DMC’s discretion and / or terminate this Agreement, and any monies received up to that point will be non – refundable or will be refunded at the discretion of the DMC.
3.3. All rates and/or prices are quoted in Euros;
3.4. All relevant taxes are included in the rates provided in all Invoices;
3.5. Should an increase in relevant taxes occur, then the Invoices will be adjusted accordingly
3.6. All necessarily incurred costs such as bank charges will be borne by the Client;
3.7.Rates mentioned in the Invoices are based on the numbers specified by the Client in the written correspondence, should the numbers of persons drop, rates will be modified accordingly;
3.8.In the event of payment via Bank Transfer, the Client is responsible to make sure that the amount paid will be received by the DMC on time according to the Payment Schedule.
3.9.Unless otherwise agreed, a deposit payment by the Client is an automatic acceptance by the client of the terms herein.
4. Method of Payment:
4.1.The Client may settle the Invoice(s) by Bank Transfer or Deposit in the Bank Account of the DMC.
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TOP ATLANTICO DMC - VIAGENS TURISMO SA
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IBAN: PT50 0033 0000 0000 8770 6440 5
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SWIFT: BCOMPTPL
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Bank: BANCO COMERCIAL PORTUGUES, SA
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Bank Address: Av. José Malhoa, Lote 1682 - Piso 3
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1099-007 Lisboa, Portugal
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4.2. Payments by debit/credit card bear a 2% processing fee;
5. Provision of Information
The Client undertakes to provide all required information details to the DMC in a timely manner before arrival.
6. Cancellation Policy
Each Supplier applies their own Cancellation Policy, available to review at any time on the Platform in the section of the Supplier.
Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation.
7. Force Majeure
7.1.In the event that the services cannot be performed or the DMC’s obligations fulfilled due to Force Majeure, then such failure to perform or fulfil the obligations by the DMC shall not be deemed to be a breach of any Agreement.
7.2.The term “Force Majeure” shall be defined as those acts or circumstances which could not reasonably have been predicted or guarded against which are beyond the control of the Parties, including but not limited to
(a) war, acts of warfare, hostilities, invasion, incursion by armed force, act of hostile army, nation or enemy;
(b) riot, uprising against constituted authority, civil commotion, disorder, rebellion, organised armed resistance to the government, insurrection, revolt, military or usurped power, civil war;
(c) acts which hinder the course of or stop, prevent interrupt or breach the supply and/or provision and/or existence of any asset and/or financial asset and/or material and/or power which is instrumental to the continuance of this Agreement;
(d) any hazardous, dangerous, perilous, unsafe chemical substance material or property which renders liable or endangers the health and safety or either party or the general party;
(e) flood, fire, arson, storm, lighting tempest, accident or other Acts of God;
(f) epidemic, explosion, disease, earthquake, hijacking, sabotage, crime;
(g) cracking or fracturing of equipment, plant or property, landslip;
(h) nuclear radiation and/or accident;
(i) death, injury or illness of key personnel.
8. Limitation of Liability
8.1.In no event, shall the DMC be liable for any special, indirect, incidental, consequential or punitive damages of any kind, including but not limited to, loss of use of productive facilities or equipment, lost profits, property damages, personal damages or lost production, whether suffered by the Client or any third party, irrespective of whether claims or actions for such damages are based upon contract, negligence, strict liability or otherwise;
8.2.The DMC will not be liable for any loss incurred by or damage caused to the Client or any participants of the Project, during any activities regardless if these formed part of the Project or not.
9. Indemnity
The Client agrees to fully compensate the DMC against any losses, damages, costs, claims, demands, proceedings, charges and expenses (including legal fees) in respect of loss or damage suffered by any third party, caused by the Client and/or the Client’s personnel and/or the Client’s client.
10. Warranties and Representations
10.1. The Client warrants and represents to the DMC that all individuals who will enjoy the Services comply with the following:
10.2. All Individuals will be over 18 years old and any minors (younger than 18 years old) will be accompanied by an adult.
10.3. All Individuals will be adequately insured.
10.4. The Individuals have the responsibility of providing correct and accurate information.
11. Confidentiality
The Parties agree that they shall keep strictly confidential all financial, commercial, organizational and any other information related to a Party, their business and/or this Agreement received or obtained in connection with this Agreement and shall cause its officers, employees and subcontractors to keep confidential, and it shall not permit its officers, employees, and subcontractors, without the prior written consent of the other Party, in any manner, to use or communicate, publish, copyright, disclose, divulge or otherwise express to any third party.
12. Severance
In the event that any part of these terms, conditions or provisions shall be declared invalid, unlawful or unenforceable, such terms or parts, conditions or provisions shall be severed. The remaining terms or parts, conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Jurisdiction
The provision of all services provided by the DMC shall be governed by and construed in accordance with Portuguese law, without giving effect to the conflicts of law provisions thereof. Any dispute, controversy or claim arising out of or in connection with these terms, including any question regarding its existence, breach, validity or termination, shall be referred to and finally resolved by the competent Court of Portugal.
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