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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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