1. Tours and Packages
1.1. The various tours and packages presented by UPSTREAM – TRY PORTUGAL are copyrighted products tailor made by the company.
1.2. Buying a day tour or a 7 day+ tour package (private or in group) ensures the customer the services that are described in the tour package, such as: transportation, guide service throughout the day and throughout the trip, admission tickets to monuments when mentioned, tasting of traditional food when mentioned, wine tasting when mentioned, accommodation and meals at quality hotels when mentioned, sport equipment when mentioned. Any extras not mentioned in the program are not included in the tour and costs will be of customer’s responsibility. Extra changes are possible when previously presented and agreed with the customer.

2. Reservations and Payments
2.1. In order to confirm a Reservation of any program customer must deposit
50% of the full quotation, settling the remaining amount 20 days before arrival. If a Reservation is done within the 20 days prior to the tour, the deposit must be of the full quotation.
2.2. UPSTREAM – TRY PORTUGAL reserves the right to cancel any reservation for which payment has not been effected under the above condition. There will be a refund of 50% of the Reservation deposit.
2.3. Price changes in tours: the quotation sent to customers will always be subject to confirmation of quotation and availability. Prices may be altered due to various changes according to the availability of the hotel partner, transport partners, tour guides and other services included in the packages/ tours.
2.4. Payments can be process by Visa, PayPal or SWIFT Bank Transfer.

3. Taxes
3.1. Quoted prices do not reflect the value added tax (VAT) at the current local rates. This fee is mandatory in EU countries and where the service is operated.
3.2. Day tourism taxes may be applicable in some major cities and will be charged directly by the hotel/accommodation entity.

4. Customer Cancellations, NO-SHOW and Changes
4.1. If you must cancel your reservation, your cancellation fee will be determined according to the terms outlined in the chart below. Transfers to another trip or to a holding account for a future trip are only allowed before final payment, after which time our cancellation policy applies. If the trip costs more than your original trip, you must pay the difference. Total deposit is transferable as a future trip credit to be used by the same traveller towards an UPSTREAM – TRY PORTUGAL tour departing within 24 months of the original trip cancellation date. This credit cannot be extended beyond 24 months and may be transferred to another trip only once. Transfer policy does not apply to Private Trips.
Reimbursement:
Number of days prior to your trip:

270+ 100% Refund of deposit
61- 269 50% Refund of deposit or 75% of tour cost
21-60 0% Refund of deposit or 50% of tour cost
0-20 0% Refund of tour cost (Cancellation fee)
4.2. In case of NO-SHOW, UPSTREAM – PORTUGAL will not make any reimbursement concerning the trip of the absent customer. This applies to hotels, restaurants, entrance fees, transfers, equipment, or any other logistic described in the program.
4.3. Customers may reallocate their participation and payment with a substitute person, who satisfies all the conditions required for the trip, provided of notification to UPSTREAM – TRY PORTUGAL with at least 15 days prior to arrival date and upon written confirmation of acceptance of service providers included in the tour.
4.4. There is no refund for arriving late or leaving a trip early.
4.5. Private rooms and staterooms, bike or sport equipment rentals and internal travel charges are considered part of the total trip cost and are subject to this specific cancellation fee contracts. Percentage charges are calculated on total tour cost.
4.6. Exceptions to our cancellation policy cannot be made for any reason, including weather, terrorism, civil unrest or personal emergencies.

5. Cancelation and Changes by UPSTREAM – TRY PORTUGAL
5.1. UPSTREAM – TRY PORTUGAL reserves the right to change the order of the itinerary or services provided, like hours of departure, routes, activities or replace any hotel initially planned by others of similar category in exceptional cases.
5.2. UPSTREAM – TRY PORTUGAL reserves the right to cancel any tour for any reason determined in our sole discretion, including if there are too few participants, or if the quality of the trip or the safety of the customer is compromised. In such a case, customers will be entitled to total reimbursement of the amounts already deposited.
5.3. In the event of cancellation, UPSTREAM – TRY PORTUGAL is not responsible for any loss incurred on account of non-refundable or nontransferable air tickets or other unrecoverable travel costs of customers.

6. Luggage and Valuable Responsibility
6.1. UPSTREAM – TRY PORTUGAL only takes responsibility and covers costs for any damage or loss of luggage in multi-day program when customer’s luggage has been kept in the transfer car, bus or mini-bus, up to a maximum limit of 500 EUR per luggage piece.
6.2. UPSTREAM – TRY PORTUGAL is not responsible for the customer’s luggage when it is kept inside the hotel/accommodation room. Rules and regulations of the hotel will be applied.
6.3. Under no circumstances is UPSTREAM – TRY PORTUGAL responsible for the loss or theft of valuable items such as jewelry, money, personal documents, credit cards, documents, projects, paintings or valuable artifacts, sport equipment, electronics that have not been deposited accordingly to general safety compliance rules of the accommodation entity or has been stowed accordingly by the transfer car, bus or mini-bus.

7.Insurance
7.1. The services operated by UPSTREAM – TRY PORTUGAL are covered by insurance, as required by Portuguese law of Entertainment Tourism Agency, Decree Nº 95/2013 of July 19th and Degree Nº 108/2009 of May 15th for liability insurance, as well as personal accident insurance.
7.2. Liability Insurance contracted guarantees: The minimum amount covered by insurance is 50,000 EUR covering the risks arising from the activity, guaranteed compensation for property damage and personal injuries caused to customers or third parties by actions or omissions of UPSTREAM – TRY PORTUGAL or their representatives.
7.2.1. Personal Accident Insurance, contracted guarantees:
7.2.1.1. Death by accident: 20 000 EUR
7.2.1.2. Permanent Disability by accident: 25 000 EUR
7.2.1.3. Medical expenses: 3 500 EUR
7.2.1.4. Funeral expenses: 3 000 EUR

8. Documentation
Customers should always have with them updated personal documentation (passport, permits, visas, updated vaccines, documentation regarding dietary restrictions, medication, etc.).

9. Complaints
Customers reserve the right to complain for the services provided or any other aspect that has gone against the quality of service. These complaints shall only be considered when submitted in writing to UPSTREAM – Valorização do Território, Lda., within 20 days after the end of the tour in compliance to the Portuguese Law. Complaints must be sent to our head office via letter.

 

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

UPSTREAM complies with the Portuguese Decree-Law No. 17/20 which establises 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 canceled 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 (Decreto-Lei n.º 17/2018for travelers to choose:  
    1. By issuing a voucher of equal value to the payment made by the traveler and valid until December 31st, 2021; or
    2. Rescheduling the trip until December 31st,2021.  
  2. The voucher referred to in paragr4aph a) of the previous number:  
    1. It is issued at the bearer’s order and is transferable by mere tradition; 
    2. 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 
    3. If not used by December 31st, 2021, the traveler 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 traveler 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, travelers 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 travelers 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, travelers who are unemployed can request reimbursement of the entire amount spent, to be made within 14 days.  

 Article 4 

Canceling 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 canceled 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: 
    1. By issuing a voucher of equal value to the payment made by the guest and valid until December 31st, 2021. 
    2. 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: 
    1. It is issued at the order of the guest and is transmitted by mere tradition; 
    2. 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;  
    3. 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 canceled 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.