LIFE’S TOO SHORT FOR BORING PARTIES

Terms and Conditions

1. Our agreement

These booking conditions, our privacy policy, and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us for the arrangements making up your booking. Please read all that information carefully as it sets out the scope of our agreement as well as our respective rights and obligations. By making a booking, you agree to be bound by all of it.

We act as an agent for suppliers in respect of all bookings we take and/or make on your behalf and your contract will be with the supplier of the arrangements in question. When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Thus, your booking with us is subject to these terms and conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.

Key terms to our agreement:

1. You will enter into binding contracts with applicable suppliers when we confirm to you that your programme is booked in a confirmation email. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price cancellation charges will be applicable as stated in clause 6;

2. You can make changes to your confirmed arrangements in certain circumstances.

3. The supplier of your arrangements may make changes to and cancel your confirmed arrangements;

4. Some of our arrangements may involve physical exertion and/or risk.

5. We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this, and you must always report any dissatisfaction to us as soon as you can.

6. When you pay your deposit, you agree that we may automatically collect the final balance and any final adjustment for your share of the arrangements from the last card that you used with us. If you have paid another guest’s deposit, then you are committed to also pay that guest’s balance and any subsequent adjustment.

Accuracy of information and booking errors

We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasional changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as described in clause 8.

All website descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself.

Please note: most daytime activities take place at outdoor activity centres, which by their nature are not usually located in city centres/urban areas. Breaks/events advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 50km although this may be more for some exclusive activities. We provide you with location details of the activities and venues in your itinerary and it is your responsibility to ensure that you have adequate time and suitable transport to get between your chosen activities.

The Group Organiser

Whether you choose to have the Organiser make all payments on behalf of your party or if you choose to pay individually, you accept that the Organiser has the authority to deal with us on your behalf but we may act on the instructions of individual members of the party if we consider it necessary. If, for any reason, there is a change in the Organiser, you should notify us in writing immediately. The Organiser must be authorised to make the booking on the basis of these terms and conditions by all persons on the booking and their parent or guardian for all party members who are under 18 when the booking is made. We can only accept bookings if the Organiser is a minimum of 18 years old. Each individual member of the party will be liable for payment of amounts due in relation to their individual booking. Additionally (at our option) the Organiser will be liable for payment of all amounts due in relation to the whole booking.

Making a Booking

When you ask us to make your booking we will first confirm that all elements of your booking are available. Once all elements are confirmed by the applicable suppliers we will send you a final price for the entire programme and ask the Organiser to make a non-refundable deposit or full payment, as applicable. At this point we will then confirm your booking by sending you a confirmation email at which point a binding contract between you and us will come into existence. Any email, or online notification, confirming that we are holding your booking pending confirmation by a supplier, does not constitute a contract. Once a binding contract is in place, we will indicate the time the Organiser has to invite guests and for them to pay through your dedicated customer’s area subject to the payment terms in the clause below.

Please check all details of the programme on receipt of your confirmation email. It may not be possible to make changes to your arrangements later, or those may affect the final price, so you should notify us of any inaccuracies as soon as possible after confirmation. It may harm your rights if you don’t.

Payments of Amounts Due

Deposit
When you make a booking, the Organiser must pay either an initial non-refundable deposit of 50€, or the full balance of the cost of the arrangements if you are booking within 30 days of the first day the programme is taking place. If you are booking within 30 days of the beginning of the programme, following confirmation of the booking, all invited guests must also pay the full balance of the cost of the arrangements. If guests have agreed to attend the event but have not paid the deposit (or balance) by the deposit due date (or balance due date) they will be automatically cancelled from the booking at no charge shortly after the applicable due date.

Balance
The balance of the cost of your arrangements must be paid no less than 30 days prior to the beginning of the programme and will be automatically collected from the card details you last used with us or from the card details you have subsequently updated with us. Please note that if you have paid another guest’s deposit, then you are committed to also pay that guest’s balance and any subsequent adjustment.
Should your balance payment be declined you will be invited to update your card details. We will try to automatically deduct the balance from the latest card details you have registered with us. If your final balance has not been paid within 3 days of the balance due date, then we will automatically cancel you from the event and you will forego your non-refundable deposit.

Adjustments
There may be circumstances where your itinerary or the party size changes after all group members have paid the balance. This could give rise to an extra cost or refund which we call the “adjustment”.
We will automatically attempt to deduct or make a refund to the latest card details you have registered with us for the “adjustment” as soon as possible. We will notify you by email at least 24 hours before we credit or debit your card if an adjustment has arisen. If we are unable to debit your card, we will notify you by email and you will be invited to update your card details to settle the “adjustment”.

 

2. Insurance

It is a condition of our agreement that you are covered by adequate insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. You must ensure that the policy you purchase is suitable for your confirmed arrangements including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your arrangements. If you choose to participate without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

3. Special requests

Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try to arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. If we are able to specifically confirm a special request or requirement on behalf of a supplier, we will do so on our confirmation, but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract.

4. Hazards, health disabilities and medical problems

Some of the activities and events we offer are, by their nature, inherently dangerous and on the day of the event some suppliers may require you to sign a disclaimer or acknowledgement of the risks involved (copies are available on request). By participating in these events, you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 2.

Some of the events or activities you may book require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. We will give you general information about whether your arrangements are suitable for persons with reduced mobility but many events are not recommended for those with any disability, illness or infirmity. If you have an existing medical condition, allergies or disability which may affect your arrangements you must let us know the details before you make your booking. If in our reasonable opinion, your chosen arrangements are not suitable for you taking into account your medical condition or disability or you are not being accompanied by someone who can provide all the assistance you may reasonably require where it is reasonable for us to require this we will advise the applicable supplier(s) who can instruct us to refuse to accept the booking. If we find out after you have made the booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we may cancel your booking and impose the cancellation charges as set out in clause 6 where in our reasonable opinion, the confirmed arrangements are not suitable.

5. The price you pay

We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements. We will also change the price where there has been a change to the details of the original booking that affects its overall price. Once your arrangements have been confirmed to you in our confirmation email then subject to other clauses in these terms and conditions, the price will not change.

6. Changes and cancellations by you

If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

Charges in the event of a cancellationIn the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

Charges in the event of a changeIn the event we can meet your requested change, you will have to pay any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.Where any change or cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, suppliers may need to amend their pricing. We will notify you if that is the case.

Charges in the event of a change

In the event we can meet your requested change, you will have to pay any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

Where any change or cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, suppliers may need to amend their pricing. We will notify you if that is the case.

7. Changes and cancellations by us

Pre-departure changes and cancellations
Because your arrangements are planned with some time in advance, in some circumstances the applicable supplier(s) must reserve the right to make changes to them and cancel them.
Most changes will be insignificant, for example: a change in the timing of your confirmed activity/activities, a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed), or a change of accommodation to accommodation of the same or higher standard within the same destination city. If a supplier makes an insignificant change to the main characteristics of your arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no responsibilities to you in respect of any insignificant changes.
Occasionally a supplier may have to make a significant change to your confirmed arrangements and if that is the case, we will seek your agreement to do so. A significant change is one where our suppliers significantly alter any of the main characteristics of your arrangements. If a supplier has to make a significant change or cancel, we will contact you as soon as possible and, if there is time to do so, we will offer you the choice of: agreeing to the changed arrangements, having a refund of all monies paid; or accepting an offer of alternative arrangements of comparable standard from us, if available.
In the event that any proposed change or alternative results in a reduction or increase in the price you have agreed to pay, we will also notify you of any refund or additional amount due.
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements. The above options will not be available where a supplier cancels as a result of any failure by you (including a failure to make payment in accordance with these terms); or where the change(s) or cancellation arises out of alterations to the confirmed booking requested by you.

Weather Conditions
Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your arrangements without paying ours or the suppliers’ normal charges. You will not be entitled to the options set out above. We will assist you to find alternative activities or arrangements, within possible, but please bear in mind that these may only be available at an additional charge to you.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.

8. Unavoidable and extraordinary circumstances

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances which we or the supplier(s) of the service(s) in question could not avoid even taking all reasonable measures. These events can include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.

9. Complaints

If you experience difficulty whilst away or perceive that your arrangements do not conform to those you have booked, please inform the relevant supplier (e.g. your hotelier) without undue delay so that they can take steps to assist you or put things right. You should also contact us as soon as possible to +351 914 054 039 or lisbon@lastbaddecision.com. If your complaint remains unresolved and you wish to pursue further, please send a formal complaint letter of your complaint to R. Possidónio da Silva, 28, 1350 –248 Estrela, Portugal, within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.

10. Your behaviour

If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of people or property; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.

You agree to ensure that all members of the party comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.

You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any supplier(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues. Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been drinking alcohol, using drugs, or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs/expenses incurred by you.

11. Our responsibilities

I) Our agreement with you and the service we provide for you is to source and book arrangements for you. Your contract(s) are with each applicable supplier of your arrangements and their booking conditions govern each contract. As a booking agent, we have no responsibility for the actual provision of the arrangements or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Our responsibilities are limited to making the booking in accordance with your instructions.

II) We will not accept responsibility or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

  • The act(s) and/or omission(s) of the person(s) affected;• the act(s) and/or omission(s) of the person(s) affected;
  • The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
  • Unavoidable and extraordinary circumstances as described in clause 8.

 III) We will not be responsible or pay you compensation:

  • For services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  • For services or facilities which do not form part of our agreement or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  • For any damage, loss or expense or other sum(s) of any description which, on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

IV) Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):

  • Whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  • Whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
  • The extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.

V) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question; and where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

VI) If you prove that we have not discharged our duties under I), we limit our responsibility to you in the following situations:

(a) Luggage or personal possessions and money – the maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

(b) Claims covered by The Paris Convention – the extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited as if we were hoteliers under The Paris Convention. You can ask us for a copy of the Convention.

(c) Claims not falling under (a) or (b) above and which don’t involve injury, illness or death – the maximum amount we will have to pay you in respect of all claims not falling under (a) or (b) above and which don’t involve injury, illness or death these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.

12. Jurisdiction and applicable law

These Terms & Conditions and any agreement to which they apply are governed in all respects by Portuguese law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Portugal only.

13. Financial security for packages

For bookings which amount to a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the booking ,you will be insured for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Last Bad Decision OÜ. Please note that bookings of single elements do not qualify to be insured, and nor do multiple element bookings where each element is individually less than 24 hours in duration.

14. Passports, visas and health requirements

If you or any member of your party is 16 or over and haven’t got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements.

You should obtain an EHIC (European Health Insurance Card) prior to departure. Health requirements and recommendations may change and you must check the up to date position in good time before departure. It is the Organiser’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into Portugal due to failure on your part to carry correct documentation. You must check passport and visa requirements with the Embassy or Consulate of Portugal in the countries to and or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.