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COVID-19 Terms & Conditions

Terms & Conditions in scope of the COVID-19 pandemic:

UPSTREAM complies with the Portuguese Decree-Law No. 17/20 which establishes exceptional and temporary measures related to the tourism sector.

Under the terms of paragraph, a) of paragraph 1st article 198th of the Portuguese Constitution the Government decrees the following:

This present Decree-Law

Article 2
Scope of application

The provision of the present decree-law applies to trips organized by travel and tourism agencies, to cancellation of reservations in tourist undertakings and local accommodation establishments and to relations between travel and tourism agencies, tour operators and tourist undertakings and local accommodation establishments.

Article 3
Trips organized by travel and tourism agencies

1- Travel organized by travel and tourism agencies, the date of which takes place between the period of March 13th, 2020 to September, 2020, which are not made or which are cancelled due to a fact attributable to the outbreak of the COVID-19 pandemic, grant exceptionally and temporarily, for the purposed of compliance with the provisions of paragraphs 4 and 5 of article 25th and paragraph 4 of article 27th of Decree-Law no. 17/2018, of March, 8th, 2018 (DecretoLei n.º 17/2018) for travellers to choose:

By issuing a voucher of equal value to the payment made by the traveller and valid until December 31st, 2021; or
Rescheduling the trip until December 31st, 2021.
2- The voucher referred to in paragraph a) of the previous number:

It is issued at the bearer’s order and is transferable by mere tradition;
If issued for the same trip, even if on a different date, the insurance that was contracted at the time of purchase of the travel service is maintained; and
If not used by December 31st, 2021, the traveller is entitled to a refund within 14 days.
3- If the rescheduling provided for in paragraph b) of paragraph 1 is not made until December 31st, 2021, the traveller is entitled to a refund, to be made within 14 days.

4- In case of travel by finalists or similar, provided for in article 11 of Decree-Law no. 10/A/2020 of March 13th, 2020 (Decreto-Lei n.º 10-A/2020), in its current wording, travellers can choose any of the modalities provided for in paragraph 1 of this article, the regime provided for in the preceding paragraphs being applied to them.

5- The non-compliance attributable to the travel and tourism agencies of the provisions of the previous numbers allows travellers to activate the travel and tourism guarantee fund, under the terms provided for in Decree-Law no.17/2018, of March 8th, 2018 (Decreto-Lei n.º 17/2018).

6- Until September 30th, 2020, travellers who are unemployed can request reimbursement of the entire amount spent, to be made within 14 days.

Article 4
Cancelling reservations at tourist resorts and local accommodations establishments

1- Reservation of accommodation services in tourism developments and local accommodation establishments located in Portugal, with or without complementary services, are made directly by the guest in the development or establishment or through inline platforms, for the period of March 13th, 2020 to September 30th, 2020, which are not carried out or are cancelled due to a fact related to the declaration of the state of emergency enacted in the country of origin or in Portugal or even to the closure of borders attributable to the outbreak of the pandemic disease COVID-19, in the form of non-reimbursement of the amounts paid, grant, exceptionally and temporarily, guest the right to choose:

By issuing a voucher of equal value to the payment made by the guest and valid until December 31st, 2021.
By rescheduling the reservation for the accommodation service until December 31st, 2021, by agreement between the guest and the tourist resort or local accommodation establishment.
2- The voucher referred to in paragraph a) of the previous number:

It is issued at the order of the guest and is transmitted by mere tradition;
It can be used by those who present it also as a principal of payment for services of a higher value, according to the availability of the enterprise or establishment and under the conditions applicable on the new intended dates;
If not used by December 31st, 2020, the guest is entitled to a refund, to be made within 14 days.
3- If the rescheduling provided for the paragraph b) of paragraph 1 is not carried out until December 31st, 2020, due to lack of agreement between the tourist resort or local accommodation establishment and the guest, the guest has the right to be reimbursed the amount he has paid when canceling the reservation, to be made within 14 days.

4- If the rescheduling is done for a date on which the applicable tariff is below the value of the initial reservation, the difference must be used in other services of the tourist resort or local accommodation establishment and will not be returned to the guest if he does not use it.

5- Rescheduling can only be done directly with the tourist resort and local accommodation establishment.

6- The provisions of this article are not applicable to refundable reservations, in which case the rules for the cancellation of tourist undertakings and local accommodation establishments must apply.

7- The provisions of paragraph 1 apply to the reservation of accommodation services in tourist undertakings and in local accommodations establishments located in Portugal, with or without complementary services, made through travel and tourism agencies that are not covered by the terms of the previous article.

8- Until September 30th, 2020, guests who are unemployed can request a refund of the entire amount spent, to be made within 14 days.

Article 5
Relationship between travel and tourism agencies, tour operators and tourist developments and local accommodation establishments

1- Reservation of accommodation services in tourist developments and in local accommodations establishments located in Portugal, for the period from March 13th, 2020 to September 30th, 2020, made by travel and tourism agencies or tour operators, Portuguese or international operators operating in Portugal, which are not carried out or which are cancelled due to a fact related to the declaration of a state of emergency enacted in the country of origin or in Portugal or to the closure of borders attributable to the outbreak of the COVID-19 pandemic in the form of non-reimbursement of the amounts paid, grant, exceptionally and temporarily, to these operators the right to credit the unused amount.

2- The credit must be used to settle costs with any other service reservation with the same tourist resort or the same local accommodation establishment, on a date defined by the travel and tourism agency or tour operator, subject to availability of accommodation services, until December 31st, 2021.

3- If the tourist resort or local accommodation establishment is not available for multiple dates requested by the travel and tourism agency or by the tourist entertainment operator until December 31st, 2021, the travel and tourism agency or the tourism entertainment operator until December 31st, 2021, the travel and tourism agency, tour operator or the tourism entertainment operator may request a credit refund to be made within 14 days.

4- If the travel and tourism agency or tour operator is unable to book a new accommodation service in a tourist resort or in a local accommodation establishment located in Portugal, by December 31st, 2021, the deposit amount must be returned within 14 days of this date.

Article 6
Implementation

This decree-law comes in force on the day following its publication.

Seen and approved by the Council of Ministers on April 16th, 2020 – António Luís Santos da Costa – Pedro Gramaxo de Carvalho Siza Vieira.

Promulgated on April 17th, 2020. 

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