Terms and Conditions
Last updated: 9 September 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
Words whose first letter is capitalised have defined meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with one of the parties, "control" being the ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other management authority.
Country refers to: Portugal
Company (referred to as "the Company", "We", "Our" or "Us") refers to Diamond Tours, Estrada do Farol, Apartamentos Cristino Ferreira, 9ª - 1º esq, 8400-505 Carvoeiro.
Device means any device that can access the Service, such as a computer, mobile phone or digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as "Terms") means these Terms and Conditions which form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement was created with the help of the Terms and Conditions Generator.
Third Party Social Media Service means any services or content (including data, information, products or services) provided by third parties that may be displayed, included or made available by the Service.
Website refers to Diamond Tours - Kayak & Sup, accessible at https://diamondtours.pt
You means the person accessing or using the Service, or the company or other legal entity on whose behalf such person is accessing or using the Service, as applicable.
Recognition
These are the Terms and Conditions that govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users in relation to the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You declare that you are over 18 years of age. The Company does not allow minors under the age of 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of your personal information when You use the Application or the Site, and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Links to Other Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services You visit.
Termination
We may terminate or suspend Your access immediately, without notice or liability, for any reason, including, without limitation, if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Regardless of any damages You may suffer, the total liability of the Company and any of its suppliers under any provision of these Terms, and Your sole and exclusive remedy for all matters mentioned above, shall be limited to the amount actually paid by You through the Service or to 100 USD if You have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third party software and/or third party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the solution does not fulfil its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE", with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, as well as their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as well as warranties that may arise from course of dealing, performance, usage or trade practice.
Without limiting the foregoing, the Company does not provide any warranty or undertaking, nor does it make any representation that the Service will meet Your needs, achieve the intended results, be compatible or work with any other software, application, system or service, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of its providers make any representations or provide any warranties of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, the content or e-mails sent by or on behalf of the Company will be free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable consumer legal rights, so some or all of the above exclusions and limitations may not apply to You. But in that case, the exclusions and limitations set out in this section will apply to the greatest extent permitted by applicable law.
Applicable Law
The laws of the Country, excluding its conflict of laws rules, will govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.
Dispute Resolution
If You have any concerns or disputes relating to the Service, You agree to attempt to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a consumer resident in the European Union, You will be entitled to any mandatory provision of the legislation of the country in which You reside.
Legal compliance with the United States
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a country that "supports terrorism"; and (ii) you are not included on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
Divisibility
If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified and construed so as to achieve the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall remain in full force and effect.
Resignation
Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach be deemed a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to You on our Service. You agree that the original English text will prevail in the event of a dispute.
Changes to these Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is deemed significant, we will use reasonable endeavours to provide at least 30 days' notice before the new terms take effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after these revisions take effect, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the site and the Service.
Cancellation Policy
You may cancel your purchase or subscription at any time in accordance with the terms set out below. By using our Service, You agree to the conditions described in this Cancellation Policy.
Cancellation by the User
If you wish to cancel an order or reservation, please do so at least 24 hours before the scheduled date or service renewal, as applicable. Cancellations made within the established period may be entitled to a full or partial refund, as described in our Refund Policy.
Late cancellations or no-shows
Cancellations requested after the deadline may not be refundable. Failure to show up without prior notice will be treated as a late cancellation.
Cancellation by the Company
We reserve the right to cancel any order or service, at our discretion, for technical, operational or security reasons or for non-compliance with these Terms and Conditions. In such cases, the user will be notified and, where applicable, offered a full refund or a new date for the service.
Cancellation Request
To request cancellation, please contact us through the official channels indicated on our website. You must provide sufficient information to identify the purchase or service to be cancelled.
Changes to this Policy
This Cancellation Policy may be updated from time to time. We recommend that You review it regularly. Your continued use of the Service after any modification constitutes acceptance of the new conditions.
Contact us
If you have any questions about these Terms and Conditions, you can contact us:
● By e-mail: geral@diamondtours.pt